Lewis & Kappes/DOL/Communication Tower and AntennaLEWIS & KAPPES
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
ONE ANIS W CAN SQUARE, SUITE 2500
INDIANAPOLIS, IN 46282
Tel: (317) 639-1210
Fac (317) 639-4882
www. Lewis-Kapnes.com
Anne E. Becker
ABeckerr Lewis-Kappes.com
VIA EMAIL
Mr. Douglas Haney
City Attomey
City of Carmel
One Civic Square, Third Floor
Carmel, IN 46032
Email: dhanev@eartnel.in.gov
carmel.in.gov
Re: Legal Representation of the City of Carmel
Dear Mr. Haney:
June 5, 2015
As discussed, what follows is an engagement letter and fee agreement that will set forth the terms
of our representation for the City of Cannel and the attorney-client relationship for the matter mentioned
below. These terms will apply to other matters for which you engage our services unless specifically
agreed upon otherwise. Please let us know if there is anything you do not understand or would like to
discuss. Once you have read, signed and returned this agreement, the representation will commence.
Nature and Scope of the Engagement
We have been asked to represent and advise the City of Carmel regarding its processes for
communications tower and or antenna siting in light of recent legislative developments and judicial
decisions This representation may include review of applications received by the City of Cannel.
Fees, Costs and Billing Procedures
The Indiana Rules of Professional Conduct and firm policies require that we explain to you how
we will bill for services to be rendered. My current hourly rate is $355.00 per hour. Although we do not
anticipate that others will be working on these matters on a regular basis, other than possibly the
assistance of Richard Aikman, if other attorneys are required, their hourly rates range from $225.00 to
$355.00 per hour. Also the rates are $130.00 to $150.00 per hour for paralegals and law clerks. Our rates
arc subject to change at the beginning of each year. While we typically require a retainer, we do not
believe one is necessary with this engagement.
In the course of our representation, we may also incur some expenses in the fonn of photocopying, legal
database research, long distance telephone calls and the like for which you would be responsible.
Specific charges for common services will be as follows: B/W copies ($ .05/page); color copies ($ .25/
page); outgoing long-distance faxes ($1.00/page); messenger services ($20.00); mileage ($ .55/mile);
computer research, parking, outside copying, meals, lodging, airfare, court costs, filing fees, oversized
delivery (actual cost). The City will pay for the time of the attorney with highest billing rate only in intra -
office communications and does not agree to pay for associates or paralegals to review documents or
attend meetings or teleconferences that are also reviewed or attended by another, more senior, Finn
attorney who is also billing for just time spent. For the most part, however, I try to work with digital
documents and via e-mail, limiting copying and telephone costs. Charges for such services are made
pursuant to a schedule of expenses. A copy of the schedule can be made available to you. The City shall
not be charged for office supplies, secretarial work, overtime, or any other service or good which should
be reflected in counsel's hourly fee or represents counsel's internal staffing and work assignment choices.
The City will not pay for overnight delivery or messenger services when documents could have
reasonably been sent by U.S. mail or electronically. L&K submits its statement for fees and
disbursements monthly, and such payments are due within 35 days of invoice receipt.. The statements
will be itemized to show the time and amount spent on each itemized activity and the rate of the attorney
or paralegal professional performing the service.
Communications
I will be your primary contact and the primary responsible attorney. That said, other
attorneys and members of Finn staff, including paralegals and legal assistants, may also be
working on this representation. If at any time you have questions or concerns about the representation,
though, you should direct them to me.
Unless you instruct otherwise, we may communicate with you using e-mail, fax or
cellular telephone. Acceptance of this engagement letter and agreement shall document your
understanding that these methods of communication carry some risk of interception and your acceptance
of those risks.
Termination of the Enga2cment of Withdrawal from the Representation
Also, we need to advise you of other firm billing policies. Although we believe it is wholly
unnecessary in your situation, we need to note for you that the cost of collection including attorneys' fees
(either ours or those of separate counsel) are the client's responsibilities if an action to collect unpaid fees
is necessary. By signing and returning a copy of this letter, you agree that in any such collection
proceedings or dispute regarding the attorney-client relationship, venue shall be in the Superior or Circuit
Court of Hamilton County, Indiana, or the United States District Court for the Southern District of
Indiana, Indianapolis Division, and you consent to the jurisdiction and venue of such court. It is always
best, however, to keep us advised if at any time during our representation you feel the fees and expenses
arc becoming too much of a burden on the City's resources.
We reserve the right to withdraw from your representation pursuant to our obligations under the
Indiana Rules of Professional Conduct if, among other things, you do not honor the terms of this
engagement letter, you do not 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. If we elect
to withdraw from your representation, you agree to take all steps 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. The City niay terminate our services and representation at
any time upon written notice.
If you have any questions at all, please give me a call. If this letter sets forth your understanding
of our attorney-client relationship, and you are interested in proceeding, please sign where indicated
below and return the signed copy to me. We sincerely appreciate being asked to represent the City of
Cannel.
Sincerely,
LEWIS R. KAPPES, P.C.
Anne. E. Becker
ACKNOWLEDGMENT
1 have reviewed the foregoing Engagement Letter and its terms, and hereby agree
to pay the law firm of Lewis & Kappes. P.C. in accordance with the terms and conditions
set forth above. The City of Carmel agrees to be liable for sums due to Lewis & Kappes.
I have been authorized to sign this engagement letter in niy official capacity.
City of Carmel
By:
0.6 ddm -R-9144
Printed:
Douglas Haney
Date: 8r)(^ )J
Approved and Adopted this
day of 1i.,j'1lbQOf, 20
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
Jar/fes Brainard, Presiding Officer
Date:
Mary Ann urke, Iv enter 1
Date: yy //
Lori S. Watson, ember
Date: q/ali5
ATTEST:
Diana Cordray, IMCA,
Date: 9 / Z /S
erk-Treasurer