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HomeMy WebLinkAboutBleecker,Brodey&Andrews/DOL Oil ff (IC t,k. 04/9. 3/. O2 , DP,"'�vta. �30 — SIOcO BLEECKER, BRODEY & ANDREWS ATTORNEYS AT LAW /U�� c I OOOI -�°- (AN ASSOCIATION-NOT IN PARTNERSHIP) 9247 NORTH MERIDIAN STREET,SUITE 200 RONALD B. BRODEY, P.C.• INDIANAPOLIS, INDIANA 46260 574-0700 STEPHEN K.ANDREWS AREA CODE 317 'CERTIFIED MEDIATOR TELECOPIER 131 91 574-0770 April 10, 2001 MARC A. BLEECKER 11940-19891 The Honorable James C. Brainard Mayor, City of Carmel APPROVED, AS TO One Civic Square FORM BY: Carmel, Indiana 46032 RE: Special Counsel Services Dear Mayor Brainard: Bleecker, Brodey & Andrews is very pleased to submit this proposal to serve as special counsel to the City of Carmel, Indiana ( the "City"). This letter confirms the terms on which our Firm will serve as special counsel in this matter. SCOPE OF SERVICES As special counsel to the City, we will perform the following legal services as and when requested by you: 1. Research and advise the City on matters of municipal law. 2. Prepare legal documents. 3. Attend any meetings and hearings as requested. CONFLICTS It is important from the outset of our relationship that we have a clear understanding as to the identity of our client. Our only client in this matter is the City, and not any of its departments, agencies, instrumentalities, officers, employees or other affiliates, or any other persons whose interests are represented thereby. You have agreed that our representation of the City in this matter will not give rise to any attorney-client relationship between our Firm and any department, agency, instrumentality, officer, employee or other affiliate of the City or any other person whose interests are represented thereby. As you are aware, our Firm represents other governmental and business entities. It is possible that, during the time we are representing the City, some of our present or future clients will have disputes or transactions with the City. Our representation of clients is governed by the Rules of Professional Conduct ("RPC"), as adopted by the Supreme Court of Indiana. Under Rule 1.7(a) of the RPC, we are precluded from representing a The Honorable James C. Brainard Page 2 April 10, 2001 client if representation of that client will be directly adverse to another client unless (1)we reasonably believe that our representation will not adversely affect our relationship with the other client and (2)each client consents after consultation. Furthermore, under Rule 1.7(b) of the RPC, we are precluded from representing a client if representation of that client will be materially limited by responsibilities to another client or our own interests unless (1)we reasonably believe that the representation will not be adversely affected and (2) our client consents after consultation. The City agrees that we 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 our work for the City in this transaction, even if the interests of such client in such matters are directly adverse to the City. We agree, however, that your prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as a result of our representation of the City, we 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 client to the material disadvantage of the City. FEES AND CHARGES Our fees in this matter will be based on the hours actually worked by each lawyer and legal assistant involved in this matter. These fees will be computed using the hourly billing rates for the lawyer and legal assistant and the type of work involved that are in effect at the time you are billed for the work. Generally speaking, our billing rates vary in accordance with the experience and seniority of the lawyers and legal assistants performing the services. Our billing rates are adjusted annually, typically in December. We agree to bill our travel time at one-half (%) our regular hourly rate and to only bill the time of the higher hourly rated attorney in intra-office conferences regarding City matters. In representing our clients, we also make other charges in addition to our 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 is .10 cents/copy); filing fees; travel expenses; and computerized legal research charges. Our fees and other charges will be billed on a monthly basis and are due within thirty (30) days of receipt. The Honorable James C. Brainard Page 3 April 10, 2001 We understand that City has not instituted a "purchase order" system for the payment of all goods and services provided to the City, including professional legal services. In this regard, we agree to indicate to you, in writing, the quarterly estimated cost of our representation of the City in each separate legal matter we have agreed to handle for the City. We understand that the City will rely upon our cost estimate when encumbering money and designating an appropriation number from which our services will be paid, and that we will not exceed our written estimate on any matter without the Carmel City Attorney's prior written approval to do so. You may terminate our engagement as special counsel at any time simply by notifying us. We may terminate our engagement for nonpayment of our fees and other charges and where we are 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 necessary. CONCLUSION If this letter accurately sets forth our agreement and your understanding, please so indicate in the space provided and return a signed copy of this letter to me. We ask you acknowledge that, in reviewing and executing this letter, you have not relied on any advice provided by our Firm but instead have acted solely in reliance upon advice of other counsel. We look forward to working with you on this matter. If you have any questions, please call me. Very truly yours, BLEECKER BRODEY ANDREWS By: n K. Andrews SKA:Id The Honorable James C. Brainard Page 4 April 10, 2001 AGREED AND ACKNOWLEDGED: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: . rainard ayor/Member By: V, ()-:-,---45,PAI ary nn Burke, Member By: Billy Walker, Member DATED: yam/ 9--0/ ATTEST: kee'lkit- 1- Diana L. Cordray, IAMC, Clerk-T asurer