183738 03/29/2010 CITY OF CARMEL, INDIANA VENDOR: 027235 Page 1 of 1
g ONE CIVIC SQUARE BOSE, MCKINNEY EVANS CHECK AMOUNT: $59.00
CARMEL, INDIANA 46032 111 MONUMENT CIRCLE, SUITE 2700
INDIANAPOLIS IN 46204 CHECK NUMBER: 183738
IjpM
CHECK DATE: 3/29/2010
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1180 R4340000 21592 123109 59.00 LEGAL FEES
B OSE��7� MAIL REMITTANCES TO:
McKINNEY 111 Monument Circle, Suite 2700
EVANS UP I n v o i c e Indianapolis, Indiana 46204
(317) 684 -5000
ATTORNEYS AT LAW
008824 City of Carmel
ATTN: Douglas C. Haney February 16, 2010
One Civic Square Invoice No. 483405
Carmel, IN 46032 q. ",4 Fed. I.D. 35- 0957980
For Legal Services in Connection With:
03 23 10P0 5:16 RCVD
Matter: 008824 -0060 SW Clay Appeal
01/13/10 B. Babb 0.2 59.00 Participate in phone
conference with N. Heck's
office to coordinate
website creation.
Total for Services $59.00
Total This Invoice $59.00
ATTORNEY SUMMARY
Billed Hours Bill
Per Hour Worked Amount
B. Babb 295.00 .20 59.00
TOTALS .20 59.00
V Ile aC f A /0.65
ROSE APPROVE S TO
FORM BY•
Me Elizabeth Theoba Young
QT Ej a�/` ISIS T 7 P Downtown Office
vX iJ �11L 1��� Direct Dial (317) 684 -5120
ATTORNEYS AT LAW GMaiI:EYoun[@boselaw.com
May 2, 2001
The Honorable James C. Brainard
Mayor, City of Carmel
One Civic Square
Carmel, Indiana 46032
RE: Special Counsel Services
Dear Mayor Brainard:
We are 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
various matters.
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 and issues related thereto, including
but not limited to, condemnation, litigation, real estate and labor issues.
2. Attend any meetings 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 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 such matters 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. You have also agreed
that, during the course of our representation of the City, our Firm will not be given any information
confidential to any department, agency, instrumentality or other affiliate of the City. Accordingly, our Firm's
representation of the City will not give rise to any conflict of interest in the event other clients of our Firm are
adverse to any department, agency, instrumentality, officer or other affiliate of the City.
Downtown 2700 First Indiana Kiza 135 North Pennsvlvania Street Indianapolis, Indiana 46204 (317) 684.5000 FAX (317) 684 -5173
North Office 8888 Keystone Crossing; Suite 1500 Indianapolis, Indiana 46240 (317) 574 -3700 FAX (317) 574 -3716
www.boselaw.cnm
ROSE
McHINNEY
EVANS LLP
ATTORNEYS AT LAW
The Honorable James C. Brainard
May 2, 2001
Page 2
As you are aware, our Firm represents many 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 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 even if the
interests of such client in such other 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 CHANGES
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 January.
We agree to bill our travel time at one -half (112) 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¢ /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.
We understand that the City has 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 monthly or quarterly estimated cost, whichever time period we believe is more
[C: WrPUrthANOI%SLA140158- I.D005/Ml I
BOSE
MCK NNL
EVANS i.r_.P
ATTORNEYS AT LAW
The Honorable James C. Brainard
May 2, 2001
Page 3
appropriate under the circumstances, for our representation of the City in each separate legal matter we
have agreed to handle for the City. We have attached a breakdown of the legal services which we
provided for the City during the first quarter of 2001 and an estimate of the legal services which we will
provide for the City during the second quarter of 2001. Exhibit A is a breakdown, by matter, for the first
quarter of 2001. Exhibit B is a breakdown by matter, for the second quarter of 2001. We understand that
the City will rely upon our cost estimates 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.
GENERAL
Elizabeth T. Young will be the lawyer in charge of this effort and will assume primary responsibility
for ensuring that the City's needs are satisfied. Under her supervision, your work or parts of it may be
performed by other lawyers and legal assistants in the Firm. We will advise you of the names of those
lawyers and legal assistants who work on your matters.
CONCLUSION
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. We ask you to acknowledge that, in
reviewing and executing this ietter, you have not relied on any advice provided by our Firm but instead
have acted solely in reliance upon the advice of other counsel.
We look forward to working with you on this matter. If you have any questions, please call me.
Yours very truly,
4 7j-1-)
Elizabeth T. Young
(C:1NrPonbANO MLAW0158_1.DOCSfMIJ
BOSE
MAPiNU
EVANS LLP
ATTORNEYS AT LAW
The Honorable James C. Brainard
May 2, 2001
Page 4
AGREED AND ACKNOWLEDGED:
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
By:
e Brain Mayor /Member
By:
M4 Ann urke, Member
By:
Billy alker, Member
DATED:
ATTEST
Diana L. Cordray, IAMC, Clerk- "as er
IC :1NrPanbtNOl\SLA\40158_1.D005RA 11
Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Bose McKinney Evans
Purchase Order No. OV r 1 ?1 J
111 Monument Circle, Suite 2700
Terms
Indianapolis, Indiana 46204
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
3 -25 -10 438405 Legal services rendered to the City of Carmel, Indiana, $59.00
per the attached Invoice
Total $59.00
1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6.
20
Clerk- Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
Bose McKinney Evans
IN SUM OF
111 Monument Circle, Suite 2700
Indianapolis, Indiana 46204
$59.00
ON ACCOUNT OF APPROPRIATION FOR
Department of Law 1180
430 -40000 Legal Fees
Board Members
PO# or INVOICE NO. ACCT #/TITLE AMOUNT
�r I hereby certify that the attached invoice(s), or
2159- 4634Ub bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
atu re
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund