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HomeMy WebLinkAboutKroger Gardis & Regas LLP/Carmel Redistricting �� KROGER GARDIS & REGAS, LLP ATTORN EYS .tune 6. 20I8 rice E-mail Confidential ured Subject to Attorrrer-Client and ll'nrk Product Privileges Sue l inkam. President Carmel City Council Carmel City flail One Civic Square Carmel. IN 46032 RE: Redistricting Project gratit-- Dear President I inkum: It has been a pleasure In discuss with you the upcoming redistricting project for the City of Carmel. Indiana. There is much work to be accomplished during the contlnit months. and we look forward to the opportunity to work closely with you to draw legally sound districts under the Federal Voting Riuhts Act and applicable constitutional and state law provisions. This letter will set forth the details of our enuauement and the scope of work to he accomplished by Kroger Gardis Reszas. L.I.P. Scope al Wail:and Fees The attached revised Scope of Work briefly outlines the anticipated services to be performed. We are being retained by the Carmel City Comicil (the -Council-) and will report directly to you as Council President. We will work closely with the individuals you direct to provide the services indicated below in a timely and professional fashion. The services set fortis in the attached Scope of Work will he performed on an hourly basis at the rates submitted in 21)16 (with attorney substitutions). despite subsequent marginal increases in Our fees. In other words. we will stick with the rates quoted two years ago. We hope that meets with your approval. While it is very difficult to estimate the total number or hours that a project of this nature will entail, our RIP established an original "cap" (which may be adjusted in the event of unforeseen circumstances) on our hourly Ices for legal services at S45.000. After looking at the numbers again Sue. I will revise the cap to S3.000. This cap excludes the costs of notices. large format color copies of the final or draft plans prepared by outside sources on your behall and the other reimbursable expenses outlined below. We are mindful of the costs of legal services to our municipal clients and Will strive to be as economical as possible with the hope of remaining well below-the lee cap. In the event we reduce or eliminate some of'(he steps we generally recommend KROGER GARDts & REGAS, LLP 111 MONUMENT CIRCLE.SUITE goo INDIANAPOL1s. INDIANA 4(3204-5125 PHONE (317) 692-9000 FAX (317)264-6832 KGRLAW.COM June 6,2018 Page 2 (such as individual meetings with Council members)we should remain well below the reduced cap presented here. Please note that,unless directed otherwise,the details of the work actually performed by our lawyers will not appear on the statement forwarded to you to retain the attorney-client privilege over this information. A detailed listing of our services is always available for your personal inspection at any time in the offices of Kroger Gardis& Regas. Reimbursable Expenses Long distance telephone and facsimile charges (none anticipated), computerized legal research(special services only),public notice fees,color printing charges and United States mail and overnight express are charged to our clients at our cost.Travel fees are reimbursable to us at the rate of$.053 per mile.In the event there are unforeseen events such as specific legal challenges, significant records access issues or any other items outside of the attached Scope of Work,we will bill on a separate hourly basis at the above rates. These fees will be outside of the above stated cap,and will only be incurred with your prior approval. Direction and Confidentiality Our firm's work for the Council will be undertaken pursuant to the direction and authorization of you as Council President. Kroger Gardis&Regas will not undertake any project or work under this Agreement without your authorization. In providing service to the Council,all communications that our firm may have with any City elected official or any other individual directed by the Council will be protected by the attorney-client privilege. Only you and no other elected official or any other party may waive the attorney-client privilege. If an elected official or any other individual with whom our firm has been directed to consult by you requests that a specific communication be kept confidential,then our firm will not,unless compelled to do so by law or court order,disclose such communication to any person or entity,including any other City elected official,unless the individual requesting the confidentiality consents to the disclosure. Computer Mapping Consultant This letter will also confirm that the Council will direct Kroger Gardis&Regas to retain a mapping consultant of the Council's selection to provide computer mapping consultation and data management systems under the attorney-client privilege. The costs of the computer mapping consultant are not be included in the above stated fees. Probability of Success Kroger Gardis&Regas agrees to use its best efforts in representing the Council as special counsel for the purposes set forth above. However,the Council recognizes that redistricting efforts may result in litigation and that, while our firm has been specially retained in anticipation of litigation and in order to reduce the risks of such litigation, we cannot extend any assurances regarding the outcome of this matter,including the likelihood of a legal challenge to the Council's redistricting plan or the likelihood of the success or failure of a legal challenge to any districting plan or procedure adopted by the Council. KROGER GARDis&REGAS.LLP 111 MONUMENT CIRCLE.SUITE 900 INDIANAPOLIS.INDIANA 46204-S12S PHONE(317)692-9000 FAX(317)264-6832 KGRLAW.COM June 6,2018 Page 3 Termination of Agreement You will have the right to terminate our representation at any time,subject to the payment of fees and expenses incurred before termination. Any amounts deposited in our escrow account which are in excess of fees incurred will be returned to the Council for appropriate distribution after the completion of our engagement. We will also have the right to resign from representation at any time, subject to an obligation to give you reasonable notice to arrange alternative representation if the same is necessary,and in accordance with the Rules of Professional Conduct. This Agreement contains the entire agreement between Kroger Gardis & Regas and the Council regarding this matter and the fees,charge and expenses to be paid relative thereto. This Agreement shall not be modified except by written agreement signed by a partner of Kroger Gardis &Regas and you as the Council President. We will promptly respond to any questions that you may have regarding any fee statement or disbursement at any time. It is a sincere pleasure to have the opportunity to work with you on this important project. Please execute this engagement letter and return it in the enclosed self- addressed,stamped envelope along with a check for the fee and expense you select. Please contact me if you have any questions. Personal regards, KROGER,GARDIS&REGAS,LLP (A. e. Brian C. Bosma BCB:akk enclosure ACCE' ED: By: 14,00) el44nicankmor President Cannel City Council KROGER GARDIS&REGAL LLP 111 MONUMENT CIRCLE.SUITE 900 INDIANAPOLIS.INDIANA 46204-5125 PHONE(317)692-9000 FAX(317)264-6832 KGRLAW.COM CITY OF CARMEL REDISTRICTING PROJECT PROPOSED SCOPE OF WORK Timing and Procedural Issues. 1. Development of detailed time line and schedule of all items to be accomplished. 2. Monitor timely adoption of plan and submittal to appropriate authorities by Council. II. Development of Public Access Plan. 1. Application of Indiana Open Door Law to all proceedings and discussions. 2. Application of Indiana Access to Public Records law and exceptions thereto to districting proceedings and materials. 3. Address legal and practical requirements for public access to map creation process. 4. Develop written report outlining legal issues for presentation to Common Council. 5. Develop Public Access Plan including Public Access Package and plan for public notification to be adopted by Council. 6. Coordinate response to individual public records requests and other public access issues directed to City. III. Development of Districting Guidelines. 1. Develop comprehensive outline of state and federal law and legal procedures for plan enactment. 2. Application of Federal Voting Rights Act districting decisions to Council districting efforts. 3. Research and outline legal standards for minority/majority districts for City if required. 4. Provide legal requirements for consideration of alternative plans submitted by interested parties. 5. Development of"Districting Guidelines" to be adopted in Resolution form by Council. 6. Development of training material on applicable legal requirements for presentation to Council Redistricting Coordinator and consultants (collectively or individually). 7. Review of updated case law regarding districting issues to assure up-to-date standards are used in the final plans. 8. Confidential engagement of and continual consultation as required with computer mapping expert selected by the Council. IV. Adoption of Districting Plans. 1. Assist in development of initial plan for Council consideration. 2. Individual meetings with each Council member and Districting Coordinator(if required) to discuss draft plan and possible alternatives. 3. Receive and review alternative proposals and public comments and recommend actions thereon. 4. Assist City Attorney in complying with Public Access Plan. 5. Attendance at key meetings and public hearings identified in timelines. 6. Drafting of final ordinance establishing districts. 7. Submittal of final plan to appropriate election authorities. V. Excluded Items. Items not covered by this Scope of Work include the following: 1. Response to extensive public records requests or other public access or open door challenges. 2. Litigation of any sort. 3. Attendance at meetings other than those key meetings above identified in time lines. 4. Issues which may be distinct and unique to the City and not addressed above. 5. The costs of notice publications, outsourced color copies of the Plan or drafts and other Reimbursable Expenses. 6. The above items will be billed separately if such services are directed. Costs related to publication of notices, mapping consultant fees, copies and other Reimbursable Expenses will be separately billed for reimbursement or forwarded to the City for direct payment. KROGER, GARDIS & REGAS, LLP STATEMENT OF RATES AND CHARGES - 2018 Hourly Rates- Governmental Law Attorney Hourly Rate Brian C. Bosma, Chairman $375 William Bock III $375 Steven Runyan $290 Ted Nolting $275 Paralegal and Law Clerk $ 90 The hourly rates shown above are for preferred governmental clients which have established an ongoing relationship with our firm and represent a 20% reduction from our customary corporate fees.Attorney travel time will be billed at one half(1/2)that attorney's regular hourly rate. Intra-office discussions between attorneys will only be billed by one attorney, at the highest hourly attorney's rate. In addition, fixed fee and contingent fee arrangements may be negotiated for specific matters on a case-by-case basis at the request of the client, and fee estimates are given upon request. The minimization of our clients' legal fees, along with the provision of legal services of the highest quality, are the primary goals of our firm. EXPENSE REIMBURSEMENT Item Charge Business Mileage (No charge in Central Indiana) $0.50/mile Photocopies $0.20/page (color) and (Bulk copies are contracted out at cost) $.05/page (black and white) Computerized Legal Research At cost (for special services) Filing Fees At cost U.S. Mail and Overnight Express At cost Kroger, Gardis & Regas, LLP does not charge for routine secretarial work, office supplies, word processing services, computer, accounting, overtime building services, facsimile transmissions (except where long distance), librarian or clerical time. Detailed monthly billing statements showing the precise services rendered by individual attorneys, the date such services were rendered and the amount of time spent are provided to our clients at no additional charge.