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HomeMy WebLinkAboutClapp Ferrucci/Legal/Engagement LetterSean M. Clapp, Attorney at Law sean@seanmclapp.com March 30, 2016 VIA ELECTRONIC MAIL ONLY City of Carmel c/o Douglas C. Haney, City Attorney dilaney@carniel.in.gov Re: Representation by Clapp Ferrucci/Eminent Domain Matters Dear Doug: Thank you for askingus to serve as legal -counsel for the City of Carmel. We are pleased that we will have an opportunity to:work with you. - It is our general practice to .write a letter to new clients describing the basis upon which fees and costs are billed..' While we may have already discussed this, and we. may have already commenced work on the ,matter, we send this letter to confirm with you in writing before too much time passes, how, when and upon what basis we will bill for services rendered and costs incurred. Like most lawyers, we generally bill by the -hour. The fees for our lawyers and paralegal involved in performing services arebilled at the rates in effect at the time the work is performed and may, after consultation, include adjustments. for novelty, complexity,, extraordinary time demands, written opinions and the like. We reserve -the right to raise our hourly rates upon giving you prior written notice. 'Our hourly rate for these eminent domain matters is $265.00. We will bill you monthly. You will pay the amount.of invoice within 30 days of the date of the invoice. If you fail to make the payment within 30 days, we will begin charging interest as of the 3Is' day at twelve percent, (I2%o).per annum and notify you of your delinquency. When:we notify you, you will have ten . days to become current. If you do not become current after receiving our notice, we reserve the'right to withdraw.from your representation. We do accept American Express, Diners Club, Discover, Mastercard and Visa to provide you with payment .options. Unlike most law firms, we generally do not bill for routine office expenses such as copies, long distance charges, faxes;;'or electronic research. We do, however, bill for postage and certified mail expenses in excess of $3.00 per day. We also bill for out -of -pocket costs and expenses incurred in my, representation. like secretarial overtime, messenger service, overnight mail, travel expenses, 'mileage reimbursement, and parking reimbursement; if necessary. Bills for major expenses, such as deposition appearance fees or transcript costs may be sent directly to you -for payment. All such costs and expenses are to be borne by the City of Carmel, and I will submit monthly'statements for my fees, and costs advanced on your behalf. Each monthly invoice that you receive will set forth in detail the legal services performed and costs incurred during the billing period. Subsequent statements and reminders do not contain that detail. Therefore, if you have any questions regarding a. particular .invoice, it is extremely helpful if you discuss it with me immediately. It becomes more, difficult to track down problems if you wait -several weeks. We will also adhere to the Standard Terms and Conditions of Engagement of the City of Carmel ("City Terms"), as outlined in Exhibit A to this .letter, and to the. extent any terms of this letter differ from.the City Terms, the:City Terms shall govern and control. . If you have any questions regarding the nature of my representation or the basis upon which I will determine fees, please do not hesitate to call me at any time. On the other hand, if all is in order, 1 would appreciate your so noting by your executing a copy of this letter and returning it to me. Finally, we will copy you on all correspondence; documents, filings, etc. received and/or sent on your behalf. Unless you advise us otherwise, all such documents will be sent toyou via electronic mail. I look forward to working with you on this matter and appreciate your looking to me for assistance. S' cerely yours, Sean M. Clapp The foregoing -terms are approved and accepted this _F ay of � �,I2016, by: CITY OF CARMEL By: Douglas C. Haney, City Attorney Approved and Adopted this � day of , 20-1. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety I:_ Jams Brainard, Presid'.ng Officer Date: Mary An Burke, �em� . /'WDate: Lori S. atso mbe /14 Date: �a n Exhibit A Standard Terms and Conditions of Engagement of City of Carmel ("Client") 1. Fees and expenses will be billed,montbly. Payment is due within thirty-five (35) days from the date that the. Client receives the statement. 2. Any legal proceedings brought under or pursuant to this -engagement agreement may be brought in Circuit or Superior Court of Hamilton County, Indiana. 3. Clapp Ferrucci's right to terminate this engagement is subject to its obligations under the Indiana'Rules of Professional Conduct. 4. The Client will not be charged for messenger, courier or express deliver charges when reasonable time management would allow service by regular U.S: Mail or by electronic means. 5. The Client will not be charged over $0.10 per page for B/W copies or over $0.20 per page for color photocopies. 6. The. Client will not be charged more than $0.54 per mile for travel expenses nor more than $15.00 per day for meal expenses. 7. The Client will not, be charged for facsimile transmissions except for the actual cost of long distance transmissions that originate from Clapp Ferrucci. 8. The Client will be charged only for the actual cost of binders and other office supplies not normally included in our hourly rate. 0. The Client will not 'be charged for staff overtime. 10. The Client will be charged only for the time of the person with the highest hourly rate, when more than one lawyer or staff person is involved in an intra -office communication or a teleconference. 11. The Client will not be charged for the time taken by more than one employee to review a court order, to calendar a hearing or otherwise relevant date or to review a legal document or research a memo. 12. The Client will not be charged for the attendance -of more than one attorney at meetings or hearings, except that two attorneys may represent the Client at trial or Court hearing. 13. The Client will only pay for theactual cost of computer .research.