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HomeMy WebLinkAboutKeller Macaluso/Law/Legal Consultant KM 1 Keller Macaluso LLC Attorneys at Law Legal Solutions, Practical Advice 0 bcei March 7, 2012 PRIVILEGED AND CONFIDENTL4L VIA EMAIL City of Carmel Attn: Douglas C. Haney, Esq. Civic Square Carmel, IN 46032 RE: Engagement Letter for Legal Services in connection with various matters for the City of Carmel Dear Mr. Haney: The City of Carmel "Carmel has previously engaged Keller Macaluso LLC to perform legal services on specific matters, beginning in March, 2010. We are pleased that you have selected Keller Macaluso LLC to perform additional various legal services for Carmel, including, but not limited to litigation services, business services, municipal law and real estate related services on an as requested basis. This letter confirms the terms on which our firm has agreed to represent Carmel. Our services will be billed at our hourly rates in effect from time to time for the lawyers and other personnel, including paralegals, performing the services. Our current attorney rates range from $185.00 to $325.00 per hour. Our paralegals' current respective rates are $150.00 and $125.00 per hour. We may use other lawyers and paralegals in connection with this matter as appropriate. Our hourly rates are normally adjusted at the beginning of each calendar year for all attorneys and paralegals. In addition to hourly fees, the City of Carmel will be responsible for payment of any disbursements, expenses, costs, and charges incurred on its behalf in connection with our representation, including but not Limited to, pre approved travel expenses, as well as photocopying (at $.10 per page), necessary delivery charges, and computerized research. We will not charge for facsimile transmissions, except for the actual expense of long- distance faxes that we send. We will only bill for one attorney engaged in intra -office conversations regarding your case. We also require the City to pay any necessary expenses billed by third parties (such as expenses of court reporters and transcripts, and pre approved local counsel fees, if any) directly to those third parties. We will forward the invoices from those third parties to you with KM Keller Macaluso LLC March 7, 20112 Attorneys at Law Page 2 Legal Solutions, Practical Advice information on how to pay those expenses. If we elect to pay any such expenses directly, we will bill the City of Cannel for reimbursement of such expenses in our monthly invoices. Our invoices are issued monthly, and are payable within 35 days after the invoice date. Prompt payment is a condition of our continued representation. In the unlikely event the City of Carmel fails to pay our invoices and we must take action to collect them, it will be responsible for any costs we may incur, including reasonable attorneys' fees and costs, to the extent permitted by applicable law. Obviously, we do not anticipate any problems in collection, and I hope that you will contact me directly if you have any questions or concerns about any invoice you receive from us. Cannel has the right to terminate our representation at any time. We may also terminate our representation at any time for any reason consistent with the Rules of Professional Conduct, including but not limited to the non payment of fees or expenses or other failure to comply with the terms of our engagement as described in this letter. In the event of termination of our representation for any reason, Cannel will be responsible for all fees and other amounts incurred in connection with our representation up to the date of termination, and for all fees and other amounts incurred to transfer the work to your new counsel. After our engagement on this matter ends, we will maintain our file on this matter in accordance with our document retention policy. That policy provides for destruction of our file without further notice after a designated period, typically a period of two (2) years. At your request during or subsequent to our engagement on this matter and prior to destruction of the file, we will provide copies of any documents from our file which you have furnished us in connection with this matter. This letter relates generally to the terns of our engagement as legal counsel for Cannel. As you wish to retain us for specific matters and we accept any such representation, we may require that a separate engagement letter be executed for any such other matter, which may contain terms different than those contained in this letter, including potentially requiring an upfront retainer. If no additional such engagement letter is executed for a new matter, the terms of this letter shall apply to the new matter. If you have any questions or concerns about this letter, please call me so that we can discuss them. If you agree to the terms of our representation as stated in this letter, please sign the enclosed copy of this letter and return it to me. Again, thank you for selecting Keller Macaluso LLC. We look forward to working with you. KM I Keller Macaluso LLC March 7, 20112 Attorneys at Law Page 3 Legal Solutions, Practical Advice S'ncerely, T o Keller ACCEPTED AND AGREED TO THIS Cq' 1 DAY OF a- �G� 1 2012. CITY OF CARMEL By: Printed N. ne: ■ii. /1'.M Its: I f7/.I •ti L:Engagement letter /City of Carmel/KM /3 -7 -12 TK:slo cc: Accounting Depai lment 4 Approved thiscaiday of f7Ze.i2["J. 2012. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: J es Brainard, Presiding Officer ate: 3 Z 1 i ary n Burke, Member Date: -5 R Q Lori S. Wa Member Date: 1R3 ATTEST: u Diana Cordray, IMCA, Cl'rk- Treasurer Date: C 021