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FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997
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SHIPPING INSTRUCTIONS • I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
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CLERK-TREASURER
DOCUMENT CONTROL NO. 31298 OFFICE COPY
I<R1E0I D E N/A U LY ® W VIVI.K R I EGO E V A LI LT.CONI
January 1, 2013 Robert S.Schein
Direct Dial: (317)238-6276
E-mail: rschein @kdlegal.com
VIA E-MAIL AND U.S. MAIL
Douglas C. Haney, Esq.
Carmel Redevelopment Department
City of Carmel
One Civil Square
Carmel, IN 46032
RE: Engagement of Krieg DeVault
Dear Mr. Haney:
Thank you for engaging our firm to represent Carmel Redevelopment Department with
regard to various construction claims related to the Carmel Performing Arts Center and the
Palladium. In the event that you ask us to provide additional services, this engagement letter will
continue to apply to such services.
We are pleased to have this opportunity to represent Carmel Redevelopment Department.
We are committed to providing you with excellent legal service and upholding the highest
professional standards. We also would welcome the opportunity to be considered for other
matters on which our firm could be of service. Given the breadth of experiences in our firm, I
am confident that we would be able to assist you in most any area where you have legal needs.
Please let me know if you would like to discuss this further. In the event that our engagement is
not expanded to other matters, then our engagement and client relationship will terminate at the
completion of the services described above,
In addition to describing the scope of our engagement, this letter and Schedule A hereto,
which is incorporated herein by reference, confirm the terms and conditions under which our
firm will undertake to represent you.
If the foregoing terms and conditions accurately summarize and confirm the
understanding of our proposed attorney-client relationship, please indicate your approval and
acceptance by having this letter dated, signed and returned along with the retainer check. An
additional copy of this letter is enclosed for your records. Once again, we are pleased to have the
opportunity to represent you. Should you have any questions or concerns with regard to the
matters discussed in this letter, please do not hesitate to contact me.
12300 NORTH MERIDIAN STREET, SUITE 300, CARMEL, IN 46032-5406 l-317.566.1110 F 317.636.1507
111 MERITAS LAW FIRMS WORLDWIDE
•
I<RIEG I JEV,ULT WWW.RRIEODEVAULT.COM
January 1,2013
Page 2
Sincerely,
Robert S. Schein
Agreed to and accepted this day of , 2013.
Cannel Redevelopment Department
By:
Douglas C. Haney,Esq., Cannel City Attorney
RSS:ady
cc: Karl P. Haas, Esq.
Thomas J. Costakis, Esq.
Andrew B. Buroker, Esq.
KD 4951531_I.DOCX
KRIEG/DEVAULT
January 1, 2013
KRIEG/DEVAULT
SCHEDULE A
Terms of Engagement
Our fees for legal and professional services will be billed on an hourly basis according to
the billing rates charged by each lawyer, professional or paralegal of our firm who provides
services in this engagement. These billing rates are subject to adjustment without notice from
time to time by the firm, but rates are typically adjusted only as of January 1 of each year. In
certain instances, other factors may be taken into consideration in determining our fees,
including the responsibility and liability assumed, the novelty and difficulty of the legal problem
involved, whether the firm is requested to issue its formal legal opinion associated with some
facet of its representation, the benefit resulting to the client and any unforeseen circumstances
arising in the course of our representation. Our current billing rates for attorneys range between
$200.00 and $535.00 per hour. The current billable rate for Robert S. Schein is $385.00 per hour
and Thomas J. Costakis is $425.00 per hour. Paralegal rates are in the $165.00 to $230.00 range.
As legal services are performed, we will provide you with invoices on a monthly basis.
The invoices will describe our services and itemize our expenses in accordance with our standard
firm policies. A schedule of our standard charges for these expenses is enclosed for your
reference. If major expenses are to be incurred, we may request that you pay these expenses
directly at the time they are incurred.
Subject to any limitations imposed by the Rules of Professional Conduct, our firm will be
entitled to cease work on any aspect of this representation if any invoices are not paid within
thirty (30) days after the invoice is mailed. If we are required to resort to collection proceedings
to recover any amounts from you, we will also be entitled to recover all costs incurred
concerning such collection proceedings including reasonable attorneys' fees incurred either by us
or separate counsel. By signing and returning the additional copy of this engagement letter, you
agree that in any such collection proceedings or dispute regarding the attorney-client
relationship, venue shall be in any federal or state court located in any county in Indiana where
we maintain an office and render services for you; you consent to the jurisdiction and venue of
any such court, and you agree that this agreement shall be governed by Indiana law, without
regard to the conflicts of laws provisions therein.
You shall have the right at any time to terminate our services and representation upon
written notice to firm. Such termination shall not, however, relieve you of the obligation to pay
for all services rendered and costs or expenses incurred on your behalf prior to the date of such
termination. As permitted by law, we reserve the right to retain your files until all invoices have
been paid in full.
Subject to our obligations under the Rules of Professional Conduct, we reserve the right
to withdraw from your representation if, among other things, you fail to honor the terms of this
engagement letter, you fail to cooperate or follow our advice on a material matter, or any fact or
circumstance would, in our view, render our continuing representation unlawful or unethical, or
if we, in good faith, determine that you are unable to comply with the terms of this engagement.
If we elect to withdraw from your representation, you agree to take all steps necessary to free us
of any obligation to perform further, including the execution of any documents reasonably
necessary to complete our withdrawal, and we will be entitled to be paid for all services rendered
and costs and expenses incurred on your behalf through the date of withdrawal.
In the event that we use electronic mail or cellular phones at any time to communicate
with each other, or with third parties, you acknowledge that we have advised you that electronic
mail and cellular phones may be subject to a greater risk of interception or unauthorized access
than wire-line telephone communication, If at any time you desire that we not use electronic
mail or cellular phones, you will advise us of such desire and we will act in accordance with your
instruction. If you do not so advise us, we will assume that you consent to the use of electronic
mail and cellular phones for communications between our attorneys, professionals and staff and
you or other persons with respect to your matters and in particular this engagement.
IRS Circular 230 Notice: Unless otherwise written during the course of our
representation, written advice rendered, including attachments, on U.S. tax issues (i) is not
intended or written to be used, and it cannot be used, for the purpose of avoiding penalties that
may be imposed by the IRS on taxpayers, and (ii) may not be used or referred to in promoting,
marketing or recommending a partnership or other entity, investment plan or arrangement. This
notice is intended to comply with Section 10.35 of IRS Circular 230, which is located at
http://www.irs.gov/Dub/irs-pol/pcir230.pdf.
We thoroughly appreciate this opportunity to work with you!
KRIEG/DEVAULT
2013 CLIENT EXPENSES
Charged to Client at Cost:
1. Automobile Rental*
2. Bulk Mail
3. Certified Copies
4. Certified Mail
5. Computerized Research
6. Court Costs
7. Depositions
8. Filing Fees
9. Lodging*
10. Meals*
11. Miscellaneous (Itemized)
12. Outside Legal*
13. Outside Photocopy
14. Recording Fees
15. Title Charge
16. Travel
17. UCC Searches
18. Velobinding
19. Witness Fees
20. Overnight Couriers
The following expenses are charged to the client at the corresponding rates:
1. Courier Services (in addition to actual travel costs)
$5.00 per messenger request within the county;
$10.00 per messenger request outside of the county, plus
$10.00 per hour for each successive hour
2. Electronic Discovery Data Processing
$225/decompressed GB
3. Filing Service Messenger time @ $10.00 per hour (per responsible
attorney's approval)
4. Legal Holds $3.00/mo/custodian
5. Long Distance Fax $1.00 per sent page; no charge for pages received.
6. Photocopying $ .10 per black/white copy
$ .50 per color copy
*With prior consent of client only