01-22-2014 Council Agenda - Laserfiche WebLink

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January 16, 2014 Little Canada Engagement Letter Page 5 of 7 performed by law clerks or paralegals. Our monthly billing for services will be capped at a total of $5,566.50 in any month in calendar year 2014 and capped at $6,133.00 in any month in calendar year 2015. (b) Kelly & Lemmons, P.A. may incur various expenses in providing services on behalf of Little Canada, The City shall reimburse Kelly & Lemmons, P.A, for all out -of- pocket expenses. We have agreed to the following rates for common reimbursable expenses: Photocopies: $.20 per page. Facsimile: $1.00 per page. Postage: current postage rates. Long Distance: As incurred. Mileage: IRS standard mileage rates in effect for the calendar year Other costs incurred in providing services (e.g. service of process, subpoena fees) will be submitted for reimbursement with each month's billing statement without markup. (c) Through calendar year 2014, Kelly & Lemmons, P.A. agrees to waive the previously agreed upon three percent (3 %) inflationary increases to the hourly rates but reserves the right to revisit the issue upon written notice to the City. Should either party determine that a "major change" in the terms and conditions of this agreement has occurred (e.g. significant increase in criminal caseload, rise in costs beyond inflation), the parties agree to meet to discuss re- negotiation of the agreement. The party desiring re- negotiation shall notify the other party of the "major change" it believes has occurred, and of' its desire to re- negotiate, in writing. The parties will then seek to meet and confer within 30 days of the notice. If a new agreement is not reached in that time, the party which originally gave notice may submit the matter to an arbitrator for binding arbitration. Both parties agree to participate in the selection of an arbitrator if arbitration under this paragraph is requested. (d) Any question or dispute relative to said billing statements must be tendered in writing by Little Canada to the billing department of Kelly & Lemmons, P.A. within thirty (30) days of receipt of said billing statement. Any written objection must specify the dollar amount of the suspected error and a description/explanation of why an error is suspected. Failure to object in writing within thirty (30) days shall constitute a waiver of any objection to that billing statement. Little Canada further understands and acknowledges that Kelly & Lemmons, P.A. is under no obligation to amend or modify said billing statements except upon timely written objections from Little 6