John Molitor/DOCS/DOLCa1?,dYa??- oa o?, o8.cg3
APPROVED AS.TP.FOAM,BY
John R. Molitor
Attorney at-Law (317);8 }3-5571
9465 Counselors Row'Suife200 Fax (317),8,43=1543
Indianapolis, TN 46246-6150 e=mail jmolitor@prodigy.net
MEMORANDUMTO: Aoug;I-laney:
Mike IIollibaugh:
FROM: John Molitor Z'
DATE: January 7,'2008.
RE: Extension of Eagagemetit.
In response to'your suggestions. T revised the fee scl,eduie that accompanies my
engagement letter to.include,imder'the m6othiy Retamef+ail 2latad time:1hat is spent :wi_th
City oRiciais:before &'diterptiblic meetings..Aebordinely, the.attached letter will
1. 1
incorporate these;changes"tolortr.'exi'sting,arrangement. to,take.clfect this month;
e -Clarify thai the-existing public fn6etidg comini€menfinchtdes up to an- hour of
:interaction will, City -officials "either befare°ovafter each,meeting,
e, -Add a monthlytmceting wiih-the;staffof th_e Reparttnent=af C o'mfnunity Services
(When requested by the Director) to the aubhe meeting;cnmm tme it:
• Increase heanonthiy Retainer smount from, $1500?ta$3.000.
Increase the ltourly rate ftir manors not-covered 6ythe Retainer from $150 to.
S165.
As Ilnoted,inmty<July-rriemo, ili;s. mill be the fist cliaii-go in uty rates'charged to,thc City
since January 2005;?al ,o,.the hourly rate continues to reflect a 25'Nurgovernmental
discn,int'froirtrny standard ($226)'hourly rate for zoning-matters..
John R. M
Attorney at Law (317)'843-5511
4465 Counselors Row; Suite.200 Fax,(31'7);843FI'543
Indianapolis, IN 46240-6150 e-maiijmolitor@pr6d-igy.net
January 7;.2008
The Honorable Janies,C. Biainard
Mayor, City of Carmel
One,Civic Square
Carmel, IN 46032
Re:_. Special Counsel Services,- ENteDsion of Engagement
Dear Mgyor'Erainard:
I am very preased.ro submitthisproposal to extend`my engagement-to serveas special:couusel to: he City..
of Carmel, including the Carmel Plan Commission and the Carmel Board .,af Zoning Appeals (the "Ci15?').
This.letter confoms the terms on %i,hicli i will serve as special counsei'iu this€matter,
SCOPE OF SERVICES
As special counsel to tile'Cit%, I;will perforrrthe fullowing,legalservi+, sas"and Mien iequestedb
Representtthe Plan Commission a;td l ard*bfZ.oning Apj?cals, which':shall;include pioviding
same with legal advice, attending:all meetings of same,;a^d representing same-in co: rt•and
before adminisrrative=ageneiesi
2. Research,and advise the ( itvun;ir.ttters•ofniilia ieipo1 law and'!issues,related thereto.
3. Attend any additiouni City meetings as requested.
Mayor James C. Brainard
January 7, 2008
Page ? of'4
CONFLICTS
As you are aware, I represent other govermnental and business entities. It is possible that, daring the time I
am representing-the City, some of my present or future clients will have disputes or transactions with the
City. My representation of clients is'governedby the Rules of Professional. Conduct ("RPC");,as adopted
by the Supreme Court of indiaria. Under Rule-1,7(a) of the RPC; 1 am precluded from representing a client
if representation of that client will be directly adverse to another chent,unless.(Ij I reasonably believe-that
my representation will not adversely affect myxelationship with„ the other client and (2) each client
consents after consultation. Furthermore, under Rule.f.9(b) of the RPC,I'am'precluded from-represeptiitg
a client ifrepreserttation ofthat client will-be:materiallylimited by respgnsibilities to another. client or my
own interests unless 0) I reasonably believe `that t-he.representatinnwill not be adversely affected'and (2)
my client consents after consultation.,
The City agrees that I may contiri_u'e to represent, or may undertake iirthe future to represent, any'existing,
or new client in any matter that, is not substantially related to my work`foi the City..l agree; ho-wever, that
your prospective consent to such representation shall not apply in any-instance-where, as axesult of my
representation of the City, I have obtairted proprietary or-other confidential information of a_ nonpublic
nature, that, if known to such other client, could be used in such other,rrlarrer by uch 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 setforth.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,
with no charge for travel time to and from.destinations ill the City or Clay Township. In%represeming the
City..l also make other charges in addition to my fees;>includhrg long distance telephone.tolls; messenger,
courier and express.delivery charges;,long.distance telecopy,and fax charges; printing niid reproduction
charges (in-house copying at I'Oc/copy); filing fees and computerized legal researeli `charges. My fees and
other charges will be•billed on a ntonihlybasis and are due %tiJthin_thirty (330) clays of-receipt.
I understand that Cite City, has instituted.a "purchase order"system for the payment.of;all'goods and
services proyidedto.the City, including.professional legal.services. In,this regard, I agree to indicate to
you, in writing,.the quarterlyestimated•cost for my representation,or4he City in each separate legal matter
I have agreed to handle focthe:City: I Understand 'thaCtihe City will rely upon,my cost estimates when
encumbering money and-designating an appropriation number from which.my services Nill be'paid, and
that I will not exceed my written estimate on any matter'witliout the Gaimel City Attjmrney's prior written
approval to do so.
You may terminate my engagement as speciafcounsel at airy time by simply notifying me. [ 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 yoti reasonable notice and allowing, nine for you to epgage succesror
counsel.
,blayorJames C arainard
Januarv 7, 2008
Page 3 of 4
If this letter accurately sets forth our agreement and your uinderstandinb,.please'so indicate-in the space
provided below and retuma signed copy ofthis letter to one. I ask.yotrfo ac_knowledge;that, in reviewing
and executing this letter, you have not.relied '.on any_adyice provided by,me but instead=have acted solely in
reliance upon the advice of other counsel.
f look forward to working with you on this matter. Ifyou.have any questions; please call me.
Yours very rrrd},,
John R. Molitor
AGREED AND ACKNOWLEDGED:
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
?r
By,
James C. Brai , rd, Mayor/Member
By'
Aar i i
/
By: _
• Lori W n•-Member
BATED:
ATTEST: Johnsm
•„ierk for.
Di a L. Cordray,IA Clerk-Treasurer
EXHIBIT A
Schedule o`f Feesand Charees
(Effective January.! 2008)
Monthly Planning and Zoning Wtainer..For: (a) preparing for.and attendiug,tlle,regular, monthly
meetings of the Plan Commission, theseyeraTcomtt ittees;ofthe Plan Comniission;-and the Board of
Zoning Appeals. plus not more than two (2) other public meetings or heariiigs.per_nionth`invoiving the
Comm issioit: the Board, the CpHution C6uncil, ahd/or other City ofiicials'ih respect to planting and zoning
business, which shall include related interaction with key officials for up to one (l) houCbefore or after
each meeting-, and (b) attending one (1) staff meeting.cach month involving the siaff ufthe Department of
Community Services(DOCS), upon the request of the60-CS Director;;the following retainer will be
charged:
$3,000.00!month
(PLEASE NOTE: This Retaineravii) be.billed to the attention of the DOCS'Directo_r, on;a monthly basis,
with a copy to the City Attorney,)
Other Matters. For all other matters; inclUding but not.limued to research,or. legal issues as requested by
the DOCS Director or the City Attorney; conducting;training seminars for members of the Plan
Commission or Board of Zoning Appeals; drafting of ordinances, regulations, or pr6cedural. rules; review
of development commitments proposed by landowners; aud'litigatioe involving the Commission, the
Board, or DOCS; the following;,goverumental rate.wilI be charged:
$!65.00!hour
Exceptions. (1) There will be NO CFIAIZC,Etfor travel time to and from destinations within the City of
Carmel or Clay Township. (2) Travei time to and fromAcstinations outside of.Clay "fownship'will be
billed at one-half (112) the regular rate,;or $82501hour.
(PLEASE NOTE: Unless otherwise directed by the City Attorney, ail charges for Other Matters will-ue
billed separately, to the attention of..thc.DOCS Director, on a-nionthl,y basis; with a copy to the City
Attorney.)