Molitor,Grisham & Hester/DOCSDOCS #400 Legal Fees; P.O. #04566 - $24,000.00
Law Dept. 430-40000 Legal Fees; P.O. #06471 $500.00
Contra~t~N~o Ex~e~ ~24,500.~0~. ·
lVlOlltOr, rlsnam nester, P.A.
Attorneys Not In Partnership
John R. Molitor
APPROVED, AS 1'0
FORM
February28,2003
The Honorable James C. Brainard
Mayor, City of Carmel
One Civic Square
Carmel, IN 46032
Re: SpecialCounsel Services-Extension of Engagement
Dear Mayor Brainard:
I am very pleased to submit this proposal to extend my engagement to serve as special counsel to the City
of Carmel, including the Carmel/Clay Plan Commission and the Carmel/Clay Board of Zoning Appeals
(the "City"). This letter confirms the terms on which I will serve as special counsel in this matter.
SCOPE OF SERVICES
As special counsel to the City, I will perform the following legal services as and when requested by you:
1. Represent the Plan Commission and Board of Zoning Appeals, which shall include providing
same with legal advice, attending all meetings of same, and representing same in court and
before administrative agencies.
2. Research and advise the City on matters of municipal law and issues related thereto.
3. Attend any additional City meetings as requested.
9465 Counselors Row, Suite 200 · Indianapolis, 1N 46240
(317) 843-551I · Fax (317) 843~1543
j raolitor~indy, rr. com
Mayor James C Brainard
February 28, 2003
Page 2 of 4
CONFLICTS
As you are aware, I represent other governmental and business entities. It is possible that, during the time 1
am representing the City, some of my present or future clients will have disputes or transactions with the
City. My representation of clients is governed by the Rules of Professional Conduct ("RPC"), as adopted
by the Supreme Court of Indiana. Under Rule 1.7(a) of the RPC, I am precluded from representing a client
if representation of that client will be directly adverse to another client unless (1) I reasonably believe that
my representation will not adversely affect my relationship with the other client and (2) each client
consents after consultation. Furthermore, under Rule 1.7(b) of the RPC, I am precluded from representing
a client if representation of that client will be materially limited by responsibilities to another client or my
own interests unless (1) I reasonably believe that the representation will not be adversely affected and (2)
my client consents after consultation.
The City agrees that I may continue to represent, or may undertake in the future to represent, any existing
or new client in any matter that is not substantially related to my work for the City. I agree, however, that
your prospective consent to such representation shall not apply in any instance where, as a result of my
representation of the City, I have obtained proprietary or other confidential information of a nonpublic
nature, that, if known to such other client, could be used in such other matter by such other client to the
material disadvantage of the City.
FEES AND CHARGES
My fees in this matter will be based on my hours actually worked as set forth in attached Exhibit A,
incorporated herein by this reference. I agree to bill my travel time at one-half (1/2) my regular hourly rate.
In representing the City, I also make other charges in addition to my fees, including long distance
telephone tolls; messenger, courier and express delivery charges; long distance telecopy and fax charges;
printing and reproduction charges (in-house copying at 10c/copy); filing fees and computerized legal
research charges. My fees and other charges will be billed on a monthly basis and are due within thirty
(30) days of receipt.
I understand that the City has now instituted a "purchase order" system for the payment of all goods and
services provided to the City, including professional legal services. In this regard, I agree to indicate to
you, in writing, the quarterly estimated cost for my representation of the City in each separate legal matter
I have agreed to handle for the City. I understand that the City will rely upon my cost estimates when
encumbering money and designating an appropriation number from which my services will be paid, and
that I will not exceed my written estimate on any matter without the Carmel City Attorney's prior written
approval to do so.
You may terminate my engagement as special counsel at any time by simply notifying me. I may terminate
my engagement for the nonpayment of fees and where I am required or permitted to do so by the Rules of
Professional Conduct after giving you reasonable notice and allowing time for you to engage successor
counsel.
Mayor ,]ames C. Brainard
February 28, 2003
Page 3 of 4
If this letter accurately sets forth our agreement and your understanding, please so indicate in the space
provided below and remm a signed copy of this letter to me. I ask you to acknowledge that, in reviewing
and executing this letter, you have not relied on any advice provided by me but instead have acted solely in
reliance upon the advice of other counsel.
I look forward to working with you on this matter. If you have any questions, please call me.
Yours very truly,
JRM:DCH/eb
AGREED AND ACKNOWLEDGED:
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
By: ff~~l~~~
DATED: */~q/~ '~
ATTEST: /q ~ M. Johnsen,
./-Diana L. Cordray, IAt~ViC, Clerk-Treasurer
EXHIBIT A
Schedule of Fees and Charges
(Effective January 1, 2003)
Monthly Planning and Zoning Retainer. For preparing for and attending the regular, monthly meetings
of the Plan Commission and Board of Zoning Appeals, plus not more than two (2) other public meetings or
hearings per month involving the Commission, the Board, Department of Community Services (DOCS)
staff, the Common Council, and/or other City officials in respect to planning and zoning business, the
following retainer will be charged:
$2,000.00/month
(PLEASE NOTE: This Retainer will be billed to the attention of the Director of DOCS, on a monthly
basis, with a copy to the City Attorney.)
Other Matters. For all other matters, including but not limited to research on legal issues as requested by
the Director of DOCS or the City Attorney; conducting training seminars for members of the Plan
Commission or Board of Zoning Appeals; drafting of ordinances or regulations; review of development
commitments proposed by landowners; and litigation involving the Commission, the Board, or DOCS; the
following governmental rate will be charged:
$130.00/hour
Exceptions. (1) There will be NO CHARGE for travel time to and from destinations within the City of
Carmel or Clay Township. (2) Travel time to and from destinations outside of Clay Township will be
billed at one-half (1/2) the regular rate, or $60.00/hour.
(PLEASE NOTE: Unless otherwise directed by the City Attorney, all charges for Other Matters will be
billed separately, to the attention of the Director of DOCS, on a monthly basis, with a copy to the City
Attorney.)