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Stewart & IrwinLine Item 430-40000 Amount Not-to-Exceed $8,000.00 P. O. No. 10326 Richard E. Aikman, Jr. Attorney at Law Stewart Irwin Confidence built on a tradition of service. June 4, 2001 APPROVED, AS 10 Direct Telephone: 317-639-5461, Ext. 534 Fax: 317-632-1319 E-mail: raikman/~stewan-irwin.com City of Carmel % Mr. Douglas C. Haney Attorney for the City of Carmel One Civic Square, Third Floor Carmel, Indiana 46032 Re: Legal Representation Agreement Dear Doug: This letter confirms the scope of work and terms of Stewart & Irwin' s legal representation of the City of Carmel ("City of Carmel") in regard to developing policies and negotiating agreements with telecommunications carriers relating to, among other things, occupancy of the public rights-of-way. Stewart & Irwin has an extensive telecommunications law practice, and we presently represent a large number of telecommunications companies. A current list of our telecommunications clients is attached to this letter (and was previously faxed to you). Based on the information provided regarding the City of Carmel and the description of the scope of Stewart & Irwin's representation, I do not believe that Stewart & lrwin's representation of its existing clients presents any conflict of interest in our representation of the City of Carmel in this matter other than as immediately follows. As thetenclosed list indicates, we do represent TOTALink of Indiana, LLC which has applied t i h 1 representa~on sb,o~ld not include any work on cable TV franchising issues. To the extent that a conflict may exiit with our representation of TOTALink, this will confirm that the City has agreed to ~aive a~y such potential conflict. .! ! 251 East Ohio Street · Suite 1100 ° Indianapolis, Indiana 46204-2142 Telephone: 317-639-5454/Fax: 317-632-1319 June 4, 2001 Page 2 Stewart & Irwin Attorneys at Law The only other potential conflict to my knowledge concerns E.Com Technologies, LLC which we represent and is an indirect subsidiary of The Estridge Group, a developer of residential property in the Carmel area. It is my understanding that a member of my firm has recently appeared before the City in support of a right-of-way permit application filed on behalf of Metro Xmit, LLC for the installation of fiber optic cable to, among other places, a property being developed by Estridge ("Centennial"). E.Com Technologies, LLC is the provider of telecommunications and related services to the Centennial development. This will confirm that the City has agreed to waive any potential conflict with our representation of E.Com as well. Please advise if you see any other potential conflicts based on the enclosed list of our telecommunications clients. As the City of Carmel has agreed to retain us on an hourly basis, the following information is provided. Our services will be billed at our normal hourly rates, with rates varying on the experience and expertise of the attorneys who perform the work. I will be primarily responsible for this matter. When appropriate, I ~vill use other lawyers in the firm, particularly those lawyers who may have experience or an expertise with a particular issue. We will be careful not to duplicate our efforts, but on occasion I may utilize Peter Kovacs, Barbara Clements, Andrea Hermer or David Field on this matter. When appropriate, I will also assign the work to lawyers and legal support staff with the lowest hourly rates. Our present rates are as follows: senior Partnei (k~., those having at least twenty years' ' experience in the telecommunications area) $220~ All other partners ! $i75] Associates ~ $1502 Paralegals $ 80~ Clerks : $ 301 In addition to the payment of our fees, we will expect to be reimbursed for any out-of-pocket expenses and advances related to our representation, such as long distance telephone charges, photocopies, filing fees, computer assisted research, special delivery charges, etc. We will not, however, incur any unusual or extraordinary expense without first obtaining your approval. Copies @ 10¢/page; travel time @ ~ regular hourly rate; only one (1) attorney to charge for intra-office conferences. We will send you statements on a monthly basis which need to be paid upon receipt. The City of Carreel, of course, has the right to terminate our services at any time, subject to the June 4, 2001 Page 3 Stewart & lnvin Attorneys at Law set forth your understanding of our fee arrangement, please contact me immediately. If you agree with the terms set forth in this letter, please sign the attached "acceptance" and either fax it or return it via mail to me. Please also enter the City of Carmel's employer identification number where indicated on the acceptance page. We sincerely appreciate being asked to handle this matter on behalf of the City of Carmel. We look forward to working with you in achieving a prompt and favorable result. If you have any questions regarding these matters, please do not hesitate to contact me. Sincerely, Richard E. Aikman, Jr. REA/nw Enclosure F:/DOC\CARMEL\City offEngagement Ltr.wpd Approved and Adopted this~? day of (/)'(C/('//)(~ CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Date: Date: ]~'~.~'~1 ATTEST: : ,2001.