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Home My WebLink AboutJ.D. Walls & Assoc/DOL Cm\roU"* lA.OS.D"? Otf C6ntract not to Exceed $8,000.00 Line Item No. 430-40000; P.O. No. 17008 J.D. WALLS and ASSOCIATES, P.c. 21 S. Range Line Road, Suite 300A Carmel, IN 46032 (317.203-7484) June 19. 2007 GENERAL ATTORNEY-CLIENT IlETENTION AND FEE AGREEMENT J.D. Walls and Associates, P.C. ("Attorney") and the City of Carnlel, Indiana ("Client") hereby agree that Attorney will provide legal services to Clienton the terms set forth below. I. CONDITIONS. This Agreement shall be effective on and after June 20, 2007 and will remain in effect until terminated pursuant to theternls hereof. 2. SCOPE OF SERVICES. Client retains Attorney as an independent contractor to provide professional legal services on various matters as instructed by Client, by and through its City Attorney, and as accepted by Attorney. Attorney shall provide those legal services as are requested by Client and as, in Attorney's professional opinion, arc reasonably required to represent Client. Attorney shall take reasonable steps to keep Client informed of case. progress and to respond to Client's inquiries. Attorney agrees to abide by the terms of this Agreement and to provide competent and diligent representation, with the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation of Client. 3. CLIENT'S DUTIES. C"lient agrees to be truthful with Attorney, to cooperate, to keep Attorney informed of relevant infonnation which may come to Client's attention, to abide by the terms of this Agreement and to keep Attorney advised of Client's address, telephone number and whereabouts. Client will assist Attorney in providing necessary information and documents and will appear as necessary at legal proceedings as long as Client has been provided with reasonable advance notice thereof. 4. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay by the hour at Attorney's prevailing rates for all time reasonably spent on Client's matters by Attorney's legal personnel. Current hourly rates for Attorney's legal personnel areas follow: John Walls .nm.m.._._m.mm..m.._ $150.00/hour Paralegals nm..mmm._.m....mnm $75/hour The rates on this schedule are subject to change on thirty (30) days writtennotice to Client. If Client declines to pay increased rates, Attorney will have the right to. withdraw as attorney for Client, in accordance with the Indiana Rules of Professional Responsibility, Local Rules of Court and general ethical obligations. !C:lUscmJolmlAppDa~\Locar\M;Cl'Cll<>nIWil\dolo..\T~ ll\lm>l:l Filn\COll.Cnl,Outlook\YLMS9KR.D'.R~~t"'" "'""I"I'IUn.'.lIIll1:!OO1 ~;l~ ...~'I '. l11e time charged will include the actual time attorney spends on telephone calls relating to Client's matter, including calls with Client and other parties and attorneys. The legal personnel assigned to Client's matter may confer among themselves about the matter, as required and appropriate. When they do confer, the Client shall pay for the highest hourly rated person involved in the conversation only. If more than one of the legal personnel attends a meeting or other proceeding, each will charge for the time spent. However, no more than two (2) such persons shall attend any sllch meeting or proceeding without Clientis advance written consent, and only one (1) person shall so attend when the presence of a second person would be duplicative and unnecessary. Attorney will charge for waiting time in court and elsewhere to the extent such waiting time is related to Client's legal matter only and not to matters Attorney is then handling for other clients and for travel time out of Hamilton COllnty. 5. COSTS AND OTHER CHARGES. (a) In general, Attorney will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for such costs, disbursements and expenses, in addition to the hourly fees, subject to the limitations and restrictionsset forth below. (b) Certain Fees/Charges. Absent the prior written consent of the Client, the following fee/charge rates shall apply: (1) Photocopies: $.10 page (2) Travel time: y, of regular hourly'rate (3) Intra-office conferences: only highest hourly rated participating attorney will be paid (4) Fax charges: no charge except for outgoin'g long-distance faxes (5) SecretarialOT: no charge unless at request of Client (6) Messenger/Overnight delivery: no charge unless needed to meet filing deadlines or at. request of Client (7) Special binding/brief covers: actual cost (8) Meals/Lodging: no charge without prior Client consent. (c) Consultants and Investigators. To aid in the representation of Client, it may become necessary to hire consultants, exp,erts or investigators, and/or pay for professional,' mediator, arbitrator and/or special master fees. Client agrees to pay such fees and charges, Such persons to be hi red and sllch fees to be incurred will be subject to Client's advance written approvaL IC~U5C"lJchp\AppDN\I.(Ql'.Mi.:;I"COllIl\Wi\1dol'5\Tc...1'! lnlm>L1 FiIc5',COnlCtllOulIOOkWL"lS\IlRD',Rclcmi<lfl "ptt'T~_lIIlVl007 'I,H AM] 6. BILLING STATEMENTS. Attorney will send Client periodic statements for fees and costs inculTed. Each statement will be payable within thirty-five (35) days of its receipt date. Client may request a statement at intervals of no less than thirty (30) days. Upon Client's request, Attorney will provide a statement within ten (10) days. The statements shall include the amount, rate,basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount. All services provided shall be adequately explained innalTative fornl. 7. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time. Attorney may withdraw with Client's consent or for good cause, in accordance with the Indiana Rules of Profcssional Responsibility, Local Rules of Court and Attorney's general ethical obligations. Good cause includes Client's material breach of this Agreement, refusal to reasonably cooperate or to follow Attorney's advice on a material matter or any fact or circumstance that would render Attorney's continuing rcpresentation unlawful or unethical. When Attorney's services conclude, all unpaid charges shall become due and payable within thirty-five (35) days trom date of withdrawal or discharge. After services conclude, Attorney will, upon Client's request, promptly deliver Client's files and property in Attorney's possession or control to Client whether or not Client has paid for all services. 8. DISCLAIMER OF GUARANTEE AND ESTJMA TES. Nothing in this Agreement and nothing in Attorney's statements to Client shall be construed as a promise or guarantee about the outcome of any matter accepted by Attorney. Attorney makcs no such promiscs or guarantees. Attorney's comments about the outcomc of the matter are expressions of opinion only, Any estimate of fees given by Attorney shall. not be a guarantee. Actual fees may vary from estimates given. 9. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties. 10. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. 11. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them. THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM. THE PARTIES SHALL SIGN AND EXCHANGE FULLY EXECUTED ORIGINALS OF THIS AGREEMENT. CITY OF CARMEL, INDIANA By and through its City Attorney J.D. WALLS AND ASSOCIATES, P.c. By: ~~ Jo\l!0)(Walls FlDrrIN: ;20- '? "37.-? ,-<j (, lIas Cannel City Attorney One Civic Square Carmel, Indiana 46032 (317) 571-2472 Date: 6/ ~ I ()'?- SSN if Sole Proprietor: Date: l) /;>/;') 7 [C)Usm'JO/In\AwU>~'.l.OI:aI\Mim:l<of\\V,'irdcm<\Tempor.try- 11ll= Fita',CDfllcnI OuUool.\YLMS9llRO,Reremion Ag~J l1acJli!lllwl7 9,1~ A.\11 .l Approved by the Board of Public Works and Safety of the City of Carmel, Indiana, this ~day ofA~ ,~~ r urke, Member q':'-S-07 ~+~ _ Lori S, Watson, Member Date: ~ Sandra M. Johnson, Deputy Clerk for