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B. Attorney shall be engaged as an independent contractor and not as a City employee. <br />The Attorney is free to contract with other entities. <br />2. TERM. <br />A. Attorney shall serve at the pleasure of the City Council, and this Agreement may be <br />terminated without cause by resolution of the City Council. <br />B. Attorney may terminate this Agreement at any time, provided that Attorney shall <br />provide the City thirty (30) days written notice before the termination becomes effective. <br />3. PAYMENT. <br />A. Criminal Prosecution: City agrees to pay Attorney an hourly rate in the amount of <br />$100.00 per hour during calendar years 2024 through 2025. Beginning in calendar year 2026 and <br />annually thereafter, the hourly rate shall automatically increase by 2% unless otherwise agreed to in <br />writing by the parties. <br />B. Monthly Invoices: Attorney will send City a monthly billing statement of the actual <br />hours incurred in providing prosecution legal services. The minimum billing increment is .1 hour. <br />Attorneys will bill at the hourly rate of $100.00 per hour. <br />C. Costs/Expenses Not Included in Criminal Prosecution Retainer: Kelly & Lemmons, <br />P.A. may incur various expenses in providing prosecution services on behalf of Arden Hills. The <br />City shall reimburse Kelly & Lemmons, P.A. for all out-of-pocket expenses at the following rates <br />for common reimbursable expenses: <br />Photocopies: <br />$.20 per page. <br />Facsimile: <br />$.50 per page. <br />Postage: <br />current postage rates. <br />Long Distance: <br />As incurred. <br />Mileage: <br />current IRS rates. <br />2 <br />