Kroger Gardis & RegasJAMES A. KNAUER
JOHN J. PETR
JAMES G. LAUCK
GARY A. SCHIFFLI
JAY P. KENNEDY
BRIAN C. BOSMA
WILLIAM C. POTTER, II
STEVEN R. SCHAFER
GREGORY P. CAFOUROS
MARCIA ROAN
WILLIAM BOCK, III
MARY E. BRAMES
CRAIG M. CARPENTER
Of Counsel
R. M. KROGER
JOHN E. GARDIS
WILLIAM J. REGAS
June 19, 1996
FOUNDED 1937
VIA TF.I.ECOPY TO:/317} 844-3498
AND FIRST CLASS MAIL
Debra M. Grisham
City Attorney
City of Carmel
One Civic Square
Carmel, Indiana 46012
RE: Legal Services
Dear Debra:
Pursuant to our telephone conversation of yesterday, this letter will set forth the
basis upon which our firm will provide legal services to the City of Carmel and the
terms of our fee arrangement. It is a pleasure to have the opportunity to provide
sentices to your office, Mayor Brainard and the City, and we appreciate the
confidence you are placing in us in this regard.
Although we cannot guarantee the success of any given venture, we will do our best
to represent the City's interests vigorously and efficiently. I will have primary
responsibility for your representation, and may utilize other attorneys and legal
assistants in this office in the best exercise of my professional judgment. If at any
time you have any questions or concerns, please be sure to contact me at once.
You have requested that our time spent on behalf of the City be billed at our lowest
available rate, and as we discussed over the phone, we are agreeing to undertake
representation of the City under these terms. Consequently, my time will be billed
to the City at $135.00 per hour and other attorneys in our office will be billed in
accordance with the statement of rates and charges for the Governmental Practice
Group attached to this letter and incorporated herein. This schedule of rates may
be changed during the course of our representation, but only with your approval,
and the attached rates will be in effect throughout calendar year 1996.
Our customary billing procedure is to forward a statement to you in the month
following the month in which services are rendered and costs advanced. This
statement will include an itemized description of services rendered, along with the
111 MONUMENT CIRCLE, SUITE 900
INDIANAPOLIS, INDIANA 46204-5175
(317) 692-9000 FAX (317) 264-6832
Ms. Debra Grisham
June 19, 1996
Page 2
name of the individual performing services on your behalf. When it is necessary for
us to incur expenses on your behalf for items such as travel, long distance telephone
calls, deposition transcripts, photocopying, postage or computerized legal research,
these items will be billed on our statements as "costs advanced," and will appear
individually itemized on your fee statements at the rates indicated on the attached
statement.
We will promptly respond to any questions you may have regarding any fee
statement or disbursement at any time. In addition, you will have the right to
terminate our representation at any time, subject to the payment of the fees and
expenses incurred before termination. We will have the same right, subject to an
obligation to give you reasonable notice to arrange alternative representation if the
same is necessary.
It is a sincere pleasure to have the opportunity to work with you, Mayor Brainard
and the City of Carmel. I look forward to answering any questions that you may
have regarding the terms Of our representation or this representation letter. Unless
we are advised in writing that you disagree with any of the terms contained herein,
we will assume that this letter sets forth the terms of our engagement.
We look forward to working with you on this matter.
Very truly yours,
BCB:cp
Enclosures
KROGER, GARDIS & REGAS
GOVERNMENTAL PRACTICE GROUP
STATEMENT OF RATES AND CHARGES - 1996
Hourly Rates - City of Carmel
Attorney Hourly Rate
Brian C. Bosma, Chairman
Gregory P. Cafouros
Marcia E. Roan
William Bock, III
Mary Beth Brames
Paralegal and Law Clerk
$135
$120
$120
$110
$ 95
$45
The hourly rates shown above are for preferred governmental clients which have established
an ongoing relationship with our firm and represents a significant reduction from our customary
institutional and corporate fees. In addition, fixed fee and contingent fee arrangements may be
negotiated for specific matters on a case-by-case basis at the request of the client, and fee estimates
are given upon request. Kroger, Gardis & Regas limits the number of attorneys attending routine
meetings, depositions, and court proceedings to those that are absolutely necessary for the task, and
in most instances, only one attorney is present. In addition, the firm does not charge its clients for
time spent by newly assigned attorneys and assistants to familiarize themselves with a matter. The
minimization of our clients' legal fees, along with the provision of legal services of the highest
quality, are the primary goals of our firm.
EXPENSE REIMBURSEMENT
Item
Long distance telephone charges
Telecopies
Business Mileage
Air travel (coach)
Photocopies
(Bulk copies are contracted out at cost)
Computerized Legal Research
Filing Fees
U.S. Mail and Overnight Express
Charl~e
At cost
$0.50/per page
$0.30/mile
At cost
$0.20/page
At cost
At cost
At cost
Kroger, Gardis & Regas does not charge for routine secretarial work, word processing
services, computer, accounting, overtime building services, librarian or clerical time. Detailed
monthly billing statements showing the precise services rendered by individual attorneys, the date
such services were rendered and the amount of time spent are provided to our clients at no
additional charge.
Approved by the City of Cannel by and through the Board of Public Works and Safety.
By: William Walker ~ff'" '
Diana Cordray, Clerk-Treildurer
CAATRNYTXT~TORNYFI.LESXFORMS~BPWSIG. SMT
City o'7 Carme_
July 23, 1996
Brian Bosma
Kroger, Gardis & Regas
111 Monument Circle
Suite 900
Indianapolis, IN 46204
Re: Service Agreement
Enclosed is a copy of the signed contract approved by the Carmel
Board of Public Works on July 3, 1996. Please call if you have
any questions.
Sincerely,
Rebecca L. Wolf
Chief Deputy Clerk
cc: file, city atty, city utilities
DLC/RLW/rlw
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
To:
From:
Re:
Date:
Deb Grisham, City Attorney
Rebecca Wolf, Clerk-Treasurer's Office, Ext. 413
Service Agreement
July 23, 1996
Enclosed is a copy of the signed contract approved by the Carmel
Board of Public Works July 3, 1996. A copy was mailed to Kroger,
Gardis & Regas on 07/23/96. Please call if you have any
questions.
cc: file
DLC/RLW/rlw
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400