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At 1:35pm on October 27, 2009, Gwen Toppe said…: Would you also please delete this comment after you read it. Thanks
Gwen

At 1:34pm on October 27, 2009, Gwen Toppe said…: Dawn,
For some reason, I don't have your email address. This is the email from Mary's nephew in law,(lawyer) regarding the contracts with the Kelly Inn in St. Cloud. Please check out the last paragraph where he talks about his fees.
Gwen

Andrew,
I just saw this email. Thank you for taking the time to go through these contracts. We won't be having a conference in 2011. Also thank you for giving us a reduced rate, and I'm sure it would be fine to list us as a client, but because I have zero authority, I'm going to forward this email to Dawn Nelson who is our current president. I'm sure there isn't a problem, but just following protocol. :-)

Gwen
----- Original Message -----
From: "Andrew Jackola"
To: "Gwen Toppe"
Sent: Tuesday, October 27, 2009 11:12:47 AM GMT -06:00 US/Canada Central
Subject: MEMO / Kelly Inn Contracts

Dear Gwen:

I have reviewed the contracts prepared by Kelly Inn for the MEMO Conferences to be convened in 2010, 2012, 2013, 2014 and 2015. I did not receive from you the contract for the 2011 Conference. However, I assume that the contract for the 2011 Conference is identical to those contracts for the other years. If I am mistaken, please notify me and send the 2011 contract.

It is my opinion that the above contracts are legally sound and mutually beneficial. I base my opinion on the fact that Kelly Inn has waived banquet room charges for all of the events, offered a ten percent (10%) discount from menu items and catering, and guaranteed a set price for individual sleeping rooms for Conference attendees through 2015. Kelly Inn has memorialized standard provisions for early cancellation. The most onerous early cancellation fee would have been for banquet room charges. However, as noted above, Kelly Inn has waived banquet room charges, so this provision should be of no concern. The contracts assume significant occupancy for sleeping rooms. However, you are in a better position to judge whether the occupancy numbers are in keeping with your needs. Nevertheless, Kelly Inn allows free of charge cancellations for sleeping rooms, if such cancellations are made at least thirty (30) days prior to each year's MEMO Conference. Again, you are in a better position to decide whether this represents an adequate amount of time for cancellation, based on deadlines for Conference participants to reserve attendance at each year's conference.

My only recommendation for altering the contracts concerns meal prices and the gratuity and tax for catering and bar services. Kelly Inn requires an eighteen percent (18%) charge for gratuity and assumes today's sales tax rates. I suggest that these charges be built in to individual meal costs and drink prices in advance so that MEMO will have an established rate per meal and drink. I would also suggest that you receive notice of these costs in advance so that MEMO can establish and adhere to its budget. Kelly Inn has (apparently) inadvertently contracted for a pre-ordained sales tax rate based on today's sales tax rates. For Kelly Inn's protection, the contract should specify that sales tax rates are subject to change in accordance with state law. As the drafter of the contracts, Kelly Inn bears the ramifications from any such oversight. Thus, any overage costs due to future sales tax increases will fall upon Kelly Inn. The onus lies with Kelly Inn to recognize this flaw. As this oversight favors MEMO, I recommend that MEMO does not call this to the attention of Kelly Inn.

The above observations constitute my professional opinion regarding the substance of these contracts.

I will prepare the above observations in letter form and mail the same to you. However, I thought I would pass along these thoughts in advance. Please feel free to contact me with any further questions. I will also include with my letter a bill for my services. My standard hourly rate is $200.00. I devoted 1.25 hours to this matter, which results in a $250.00 charge. However, with your permission, I will discount my total bill by $75.00 if I have your permission to list MEMO as a representative client on my web site and marketing materials.
Again, please feel free to contact me with any questions or concerns.
Sincerely,
Andrew T. Jackola

--
Andrew T. Jackola, PLC
600 Inwood Avenue North, Ste. 260
Oakdale, MN 55128
651.714.7989 (office)
651.214.3823 (cell)

109 East Howard Street
Hibbing, MN 55746
218.403.0721

This message is from a law firm, and thus may contain or attach confidential information or an attorney-client communication that is confidential and privileged by law. It is not intended for transmission to, or receipt by, any unauthorized person. If you believe that you have received this message or any attachment in error, simply delete both from your system without reading or copying, and notify the sender by e-mail or by calling 651.714.7989. Thank you.

At 12:08pm on September 28, 2009, glenn h said…: Hi Dawn
I was wondering about the board meeting,

Glenn

At 12:30pm on July 25, 2008, glenn h said…: Hi Dawn
I know my page is not really done, but it looks nice. I need to add friends which I have not done.

Thanks

Glenn