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Hall,Render,Killian,Heath,Lyman HALL, RENDER, KII.LIAN, HEATH SL_ YMAN Professional Corporation MAIN OFFICE NORTH OFFICE Suite 2000, Box 82064 8402 Harcourt Road One American Square Suite 820 Indianapolis, Indiana 46282 Indianapolis, Indiana 46260 Telephone: (317) 6334884 Telephone: (317) 871-6222 Fax: (317) 633-4878 Fax: (317) 338-3946 Please Reply to Main Office Atwrneys at Law Robert A. Hicks February 4, 1998 VIA FACSIMILE - 571-2484 Douglas C. Haney, Esquire City Attorney CITY OF CARMEL One Civic Square Carreel, Indiana 46032 Re: Engagement of Hall, Render, Killian, Heath & Lyman, P.C. Hazel Dell Parkway Condemnation Project Dear Mr. Haney: I am writing to confirm that the City of Carmel, Indiana (the "City"), desires to engage the legal services of my firm, Hall, Render, Killian, Heath & Lyman, P.C. (the "Firm"), as legal counsel for the City in the referenced matter. 1. Scope of Engagement: The Firm shall provide legal advice to, consult with, negotiate for, prepare memoranda, notes, briefs and other documents for, and/or represent and defend the City's interests with respect to the Hazel Dell Parkway Condemnation Project. 2. Fees: The Firm charges for its services based on an hourly rate which may be adjusted annually. The hourly billable rates of the primary individuals expected to be working on the referenced matter on behalf of the City are: Robert A. Hicks ($ 1 90.00/hour) and N. Kent Smith ($165.00/hour). Other Firm attorneys, paralegals, and law clerks will be compensated at their regular hourly rates, which will be similar to but will not exceed the above-stated rates. Each timekeeper will account for his or her time with detailed entries kept in units of no greater than one-tenth of an hour. 3. Monthly Billing: The Firm's detailed statement for fees and expenses will be submitted on a monthly basis, and in a form acceptable to the City. 4. Advances and Expenses: The City is responsible for all advances and/or expenses, including, but not limited to: long distance telephone charges; postage expenses; copying costs ($.20/page); long distance facsimile transmission costs; computerized research time; pre-approved Douglas C. Haney, Esquire February 4, 1998 Page 2 messenger service; pre-approved over-night and/or express mail; filing fees; pre-approved deposition costs and expert witness fees; and, travel costs. Subject to the pre-approval obligations set forth above, the Firm will not obligate the City to an advance or expense in excess of One Hundred Dollars ($100.00) without first obtaining the City Attomey's approval of same. Please confirm the engagement of the Firm of Hall, Render, Killian, Heath & Lyman, P.C., by executing the original of this letter to the effect that the terms and conditions of engagement contained herein are fully acceptable. This engagement shall, upon approval of the Board of Public Works and Safety of Cannel, Indiana, become effective as of December 15, 1997. Sincerely, HALL, RENDER, KILLIAN, HEATH & LYMAN, P.C. ACCEPTED: Robert A. Hicks, Esquire CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: James Brainard, Mayor Date: Mary Ann Burke, Member Date: Billy Walker, Member Date: ATTEST: Diana Cordray, Clerk-Treasurer Date: 01302RAH.jbw Douglas C. Haney, Esquire January 30, 1998 Page 2 messenger service; pre-approved over-night and/or express mail; filing fees; prc-approved deposition costs and expert witness fees; and, travel costs. Subject to the pre-approval obligations set forth above, the Firm will not obligate the City to an advance or expense in excess of One Hundred Dollars ($100.00) without first obtaining the City Attomey's approval of same. Please confirm the engagement of the Firm of Hall, Render, Killiart, Heath & Lyreart, P.C., by executing the original of this letter to the effect that the ternks and conditions of engagement contained herein are fully acceptable. This engagement shall, upon approval of the Board of Public Works and Safety of Cannel, Indiana, become effective as of December 15, 1997. Sinceely, HALL, RENDER, KILLIAN, HEATH & LYMAN, P.C. By: Rc4/ert A, Hicks, Esquir~ ACCF, PTI=.r~: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety ATTEST: Date: o~,/~/ 9 7 .... D 1302~H.jbw February 5, 1998 Robert A. Hicks, Esquire Hall, Render, Killian, Heath & Lyman Suite 2000, Box 82064 One American Square Indianapolis, Indiana 46282 Mr. Hicks: On February 4, 1998, the Board of Public Works and Safety approved a contract to do business with your law firm. Enclosed are several documents which will ensure a successful and profitable business relationship with the City of Cannel. Please review the enclosed sample invoice. You do not need to use this specific form, but we do require that you submit all information requested on the sample in a similar layout. This format replaces any other form previously used by the City and is effective upon approval of your contract. We also ask that you review and complete the enclosed questionnaire and the attached W-9. It is absolutely necessary that we receive these forms in order to process your claims for services rendered. Also enclosed is a copy of the signed agreement between your business and the City. Please call Clerk-Treasurer Diana Cordray at 571-2414 if you have any questions. We look forward to working with you. Sincerely, Rebecca L. Wolf Deputy Clerk cc: file, legal ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400