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Smyth,Hester,Grisham /DOLDepartment of Law ~ 2004 Line Stem No. 430-4000 Purchase Order No. 07022 Contract Not To Exceed $2,500.00 SMYTH_ ESTER GRI S JI. TORN YS JAMES W. SM~n~ - IN, M~ APPROVED AS TO FORM 11550 N. MERIDIAN - SUITE 125 VIA E-MAIL AND U.S. MAIL December 2, 2003 Douglas C. Haney City Attorney, City of Carmel One Civic Square Carmel, IN 46032 Dear Doug: This is a request for approval to increase my billing rate to $155.00 per hour. The City of Carmel approved a rate of $130.00 per hoar' as of October 17, 2001. My non-government rate at that time was $165.00 per hour. Although my non-government rate has risen several times so that it is now $200.00 an hour, I have not requested any prior rate increases from the City. The rate of $130.00 the City had initially approved was 79% of my regular rate. The requested rate of $155.00 would be 75% of my current rate. I suggest that this is a fair rate for the City. It is still less than that charged by many attorneys and I have been successful on each of the cases the City has assigned to me, as shown below: BonBar Successful Motion for Judgment in favur of the City Greenwood Judgment in favor of the City ($557.00 for the City) Ozdemir Judgment in favor of the City ($4,014.00 for the City) Rastagar Successful settlement ($2,200.00 for the City) Man&rs Successful settlement ($21,000.00 for the City) Sprint Successful Motion to Dismiss in favor of the City Walton Successfully defended Motion to Dismiss and trial de novo I ask that you approve a rate increase to $155.00 per hour to be effective January 2004. To indicate your approval, please sign below and return this document by facsimile at 843-5369. Thank you for the opportunity to work for the City and for your consideration of my request. I enjoy working with you and the City staff, as well as the substance of the work I perform on behalf of the City. As always, please contact me to discuss any questions or concerns you may have. Sincerely, Judy G. Hester ACCEBTED: /i...v~ ~ Douglas C. ff'aney Date: Approved and adopted this dayof ~ jp C( iqfli.~/5 ( 2003. CARMEL BOARD OF PUBLIC WORKS AND SAFETY Date: z 1 mary Arm/Burke, Member~ Lori S. Watson, 'Date: