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Home My WebLink AboutMolitor, Grisham & Hester Contract Not To Exceed $5,000.00 Law IDept. '430-40000 Legal Fees Purchase Order No. 10435 Molitor, Grisham & Hester, P.A. Attorneys Not In Partnership John R, Molitor Debra M. Grisham * Judy G. Hester* · Also licensed in Illinois APPROVED, AS TO FORM September 6, 2001 Douglas C. Haney City Attorney, City of Carmel One Civic Square Carmel, IN 46032 Re: Special Counsel Services Dear Mr. Haney: I am very pleased to submit this proposal to serve as special counsel to the City of Carmel, including the Department of Law (the "City"). This letter confirms the terms on which I will serve as special counsel in this matter. SCOPE OF SERVICES As special counsel to the City, I will perform the following legal services as requested and directed by you: Represent the City in a potential enforcement action involving an unlawful business practice located at approximately 106th and Springmill Roads, Carmel, Indiana CManders'), which shall include investigating the relevant facts and allegations, researching applicable questions of law, meeting, discussing and corresponding with appropriate City employees in furtherance of the enforcement matter such as legal staff and inspectors, drafting any pleadings to initiate and prosecute an enforcement action, appearing in court in furtherance of an enforcement action, and providi~g~e City with legal advice in connection with an enforcement action. Represent the Cit~ jn ~,,potential enforcement action involving an unlawful business practice located at approxiina;cely 11123 Rollings Springs, Carreel, indiana CKimbel a/Ua Happy Auto Imports"), which shall include investigating the relevant facts and allegations, 11711 North Meridilln Street. Suite 200 . Carreel, IN 46032 (517) 843~5511. Fax (317) 843-5514 johnrmolitor@prodigy.net. debragrisham 1 @prodigy.net. hester4586@aol.com Douglas C. Haney September 6, 2001 Page 2 of 3 researching applicable questions of law, meeting, discussing and corresponding with appropriate City employees in furtherance of the enforcement matter such as legal staff and inspectors, drafting any pleadings to initiate and prosecute an enforcement action, appearing in court in furtherance of an enforcement action, and providing the City with legal advice in connection with an enforcement action. 3. Represent the City in threatened, pending and/or potential disputes and or litigation. 4. Research and advise the City on matters of municipal law and issues related thereto. 5. Attend any additional City meetings as requested. CONFLICTS As you are aware, I represent other governmental and business entities. It is possible that, during the time I am representing the City, some of my present or future clients will have disputes or transactions with the City. My representation of clients is governed by the Rules of Professional Conduct CRPC"), as adopted by the Supreme Court of Indiana. Under Rule 1.7(a) of the RPC, I am precluded from representing a client if representation of that client will be directly adverse to another client unless (1) 1 reasonably believe that my representation will not adversely affect my relationship with the other client and (2) each client consents after consultation. Furthermore, under Rule 1.7(b) of the RPC, I am precluded from representing a client if representation of that client will be materially limited by responsibilities to another client or my own interests unless (1) I reasonably believe that the representation will not be adversely affected and (2) my client consents after consultation. The City agrees that I may continue to represent, or may undertake in the future to represent, any existing or new client in any matter that is not substantially related to my work for the City. I agree, however, that your prospective consent to such representation shall not apply in any instance where, as a result of my representation of the City, I have obtained proprietary or other confidential information of a nonpublic nature, that, if known to such other client, could be used in such other matter by such other c l lent to the material disadvantage of the City. FEES AND CHARGES My fees in this matter will be based on my hours actually worked as set forth in attached Exhibit A, incorporated herein by this reference. I agree to bill my travel time at one-half(I/2) my regular hourly rate. In representing the City, I also make other charges in addition to my fees, including long distance telephone tolls; messenger, courier and express delivery charges; long distance telecopy and fax charges; printing and reproduction charges (in-house copying at 10c/copy); filing fees and computerized legal research charges. My fees and other charges will be billed on a monthly basis and are due within thirty (30) days of receipt. 1 understand that the City has now instituted a "purchase order" system for the payment of all goods and services provided to the City, including professional legal services. In this regard, I agree to indicate to you, in writing, the quarterly estimated cost for my representation of the City in each separate legal matter I have agreed to handle for the City. I understand that the City will rely upon my cost estimates when encumbering money and designating an appropriation number from which my services will be paid, and that I will not exceed my written estimate on any matter without the Carmel City Attorney's prior written approval to do so. Douglas C Haney September 6, 2001 Page 3 of 3 You may terminate my engagement as special counsel at any time by simply notifying me. I may terminate my engagement for the nonpayment of fees and where I am required or permitted to do so by the Rules of Professional Conduct after giving you reasonable notice and allowing time for you to engage successor counsel. If this letter accurately sets forth our agreement and your understanding, please so indicate in the space provided below and return a signed copy of this letter to me. I ask you to acknowledge that, in reviewing and executing this letter, you have not relied on any advice provided by me but instead have acted solely in reliance upon the advice of other counsel. I look forward to working with you on this matter. If you have any questions, please call me. Yours very truly, Ju AGREED AND ACKNOWLEDGED: CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety By: By: By: fm~es C. Brainard, Mayor/Member Billy W/f~er, Member DATED: ATTEST: ( EXHIBIT A Schedule of Fees and Char~es (Effective January 1,2001) Manders, Kimbei a/k/a Happy Auto Imports, and all litigation matters related to the Department of Community Services (DOCS), Plan Commission and Board of Zoning Appeals. For these litigation matters, the following governmental rate will be charged: $130.00/hour Other Matters. For other matters, including but not limited to research on legal issues as requested by the City Attorney; drafting of ordinances or regulations; review of development commitments proposed by landowners; and litigation, the following governmental rate will be charged: $130.00/hour Exceptions. (1) There will be NO CHARGE for travel time to and from destinations within the City of Carmel or Clay Township. (2) Travel time to and from destinations outside of Clay Township will be billed at one-half(I/2) the regular rate, or $65.00/hour. (PLEASE NOTE: Unless otherwise directed by the City Attorney, all charges will be billed separately to the attention of the Director of Department of Community Services (DOCS), on a monthly basis, with a copy to the City Attorney.) .I PURCHASE ORDER DATE 10-10-01 City of Carmel DEPARTMENT OF LAW ONE CIVIC SQUARE CARMEL, INDIANA 46032 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 DATE REQUIRED REQUISITION NO. VENDOR NO. INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER 10435 THIS NUMBER MUST APPEAR ON INVOICEE VOUCHER, DELIVERY MEMO, PACKING S SHIPPING LABELS AND ANY CORRESPONDEr DESCRIPTION SHIP VENDOR Molitor, Grisham & Hester, P.A. TO 11711 North Meridian Street, Suite 200 Carmel, Indiana 46032 CONFIRMATION QUANTITY BLANKET CONTRACT I UNIT OF MEASURE PAYMENT TERMS FREIGHT DESCRIPTION I UNIT PRICE I EXTENSION Special counsel services rendered to the City of Camel, Indiana, per the attached engagement agreement dated September 6, 2001 $5,000.00 PLEASE INVOICE IN DUPLICATE DEPA.T~E.T I ACCOU.T I Law 430-40000 Legal Fees SHIPPING INSTRUCTIONS · SHIP PREPAID. · C,O DI SHIPMENTS CANNOT BE ACCEPTED. · PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. · THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO DOCUMENT CONTROL NO -L ~': I PROJECT ACCOUNT ] AMOUNT PAYMENT $ 5 , 000 . 00 · NPVOUCHERCANNOTBEAPPROVSDFORPAYMENTUNLESSTHEPO. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. · IHEREBYCERTIFYTHATTHEREISANUNOBUGATEDBALANCEIN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CLERK-TREASURERX '=_7 rc,'z7,7 ORDERED "' I)""~ ~" ~aneyD TITLE City Attorney November 7, 2001 Ms. Judy G. Hester MOLITOR GRISHAM & HESTER, P.A. 11711 North Meridian Street Suite 200 Carreel, IN 46032 Dear Ms. Hester: On October 17, 2001, the Board of Public Works and Safety approved a contract to do business with your firm. Enclosed is a fully executed original of the Agreement for your records. Please review the attached sample Professional Services Invoice, (Exhibit B). Although we do not require you to use this specific form, we do ask that you please submit the information requested on the sample invoice in a similar layout. This format replaces any other form previously used by the City and is effective upon approval of your contract. Thank you for your cooperation. If you have any questions or concerns, please do not hesitate to contact me at 317.571.2413. Sincerely, COPY Carrie A. Gallagher Deputy Clerk-Treasurer Enclosure