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HomeMy WebLinkAboutJohn Molitor/BZA John R. Molitor Attorney at Law (317) 843-5511 9465 Counselors Row, Suite 200 Fax (317) 805 -4723 Indianapolis, IN 46240 -6150 e -mail jmolitor @prodigy.net APFFtOI {:O AS TO FORM SY`� January 31, 2010 The Honorable James C. Brainard Mayor, City of Carmel One Civic Square Carmel, IN 46032 Re: Special Counsel Services Extension of Engagement Dear Mayor Brainard: 1 am very pleased to submit this proposal to extend my engagement to serve as special counsel to the City of Carmel, including the Carmel Plan Commission and the Carmel Board of Zoning Appeals (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 and when requested by you: 1. Represent the Plan Commission and Board of Zoning Appeals, which shall include providing same with legal advice, attending all meetings of same, and representing same in court and before administrative agencies. 2. Research and advise the City on matters of municipal law and issues related thereto. 3. Attend any additional City meetings as requested. Mayor James C. Brainard January 31, 2010 Page 2 of 4 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 "RPC 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) I 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 client 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 (1/2) my regular hourly rate, with no charge for travel time to and from destinations in the City or Clay Township. 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 l0c /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. I 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. 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. Mayor James C. Brainard January 31, 2010 Page 3 of 4 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. c Yours ve trul f John R. Molitor AGREED AND ACKNOWLEDGED: CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety 1 By: r� 2 mes C. Brainard, Mayor /Mem er By: i Ma Ann rke, Member By: 1 i'i Lori Wat .n, Member DATED: 3 1 3 1 1 a ATTEST: 0 i 1/ OV A iana L. Cordray, IA Jerk- Treasurer EXHIBIT A Schedule of Fees and Charges (Effective January 1, 2009 Unchanged for 2010) Monthly Planning and Zoning Retainer. For (a) preparing for and attending the regular, monthly meetings of the Plan Commission, the several committees of the Plan Commission, and the Board of Zoning Appeals, plus not more than two (2) other public meetings or hearings per month involving the Commission, the Board, the Common Council, and /or other City officials in respect to planning and zoning business, which shall include related interaction with such officials for up to one (1) hour before or after each meeting; and (b) attending one (1) staff meeting each month involving the staff of the Department of Community Services (DOCS), upon the request of the DOCS Director; the following retainer will be charged: $3,000.00 /month (PLEASE NOTE: This Retainer will be billed to the attention of the DOCS Director, on a monthly basis, with a copy to the City Attorney.) Other Matters. For all other matters, including but not limited to research on legal issues as requested by the DOCS Director or the City Attorney; conducting training seminars for members of the Plan Commission or Board of Zoning Appeals; drafting of ordinances, regulations, or procedural rules; review of development commitments proposed by landowners; and litigation involving the Commission, the Board, or DOCS; the following governmental rate will be charged: $175.00 /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 (1/2) the regular rate, or $87.50 /hour. (PLEASE NOTE: Unless otherwise directed by the City Attorney, all charges for Other Matters will be billed separately, to the attention of the DOCS Director, on a monthly basis, with a copy to the City Attorney.)