Keller Macaluso LLC/DOL K1VI I Keller Macaluso LLC
Attorneys at Law Too Keller
Legal Solutions, Practical Advice Direct: 317 660 -3402
Too @kellermacaluso.com
March 24, 2010
PRIVILEGED AND CONFIDENTIAL
Mr. Douglas C. Haney, Esq.
Civic Square
Carmel, IN 46032
Re: Engagement letter for legal services in connection with Zachary I. Hode
and Judy Hode/Dispute over land use
Dear Mr. Haney:
We are pleased that you have selected Keller Macaluso LLC to perform legal services for
the City of Carmel. This letter confirms the terms on which the thin has agreed to represent the
City of Carmel.
Our services will be billed at our hourly rates in effect from time to time for the lawyers
and other personnel, including paralegals, performing the services. My current rate is $250.00
per hour, Matt Macaluso's current rate is $250.00 per hour and our paralegals' current respective
rates are $140.00 and $125.00 per hour. We also may use other lawyers and paralegals in
connection with this matter as appropriate. Our hourly rates are normally adjusted at the
beginning of each calendar year for all attorneys and paralegals.
In addition to hourly fees, the City of Carmel will be responsible for payment of any
disbursements, expenses, costs, and charges incurred on its behalf in connection with our
representation, including but not limited to, pre- approved travel expenses, as well as
photocopying (at $.10 per page), necessary delivery charges, and computerized research. We
will not charge for facsimile transmissions, except for the actual expense of long- distance faxes
that we send. We will only bill for one attorney engaged in intra office conversations regarding
your case. We also require the City to pay any necessary expenses billed by third parties (such as
expenses of court reporters and transcripts, and pre- approved local counsel fees, if any) directly
to those third parties. We will forward the invoices from those third parties to you with
information on how to pay those expenses. If we elect to pay any such expenses directly, we will
bill the City of Carmel for reimbursement of such expenses in our monthly invoices.
Our invoices are issued monthly, and are payable within 35 days after the invoice date.
Prompt payment is a condition of our continued representation. In the unlikely event the City of
Carmel fails to pay our invoices and we must take action to collect them, it will be responsible
for any costs we may incur, including reasonable attorneys' fees and costs. Obviously, we do
not anticipate any problems in collection, and I hope that you will contact me directly if you have
any questions or concerns about any invoice you receive from us.
770 3rd Avenue SW, Carmel, Indiana 46032 (317) 660 -3400 Fax: 317- 660 -3401
www.kellermacaluso.com
KM I Keller Macaluso LLC March 24, 2010
Attorneys at Law Page 2
Legal Solutions, Practical Advice s t
The City of Carmel has the right to terminate our representation at any time. We may
also terminate our representation at any time for any reason consistent with the Rules of
Professional Conduct, including but not limited to the non payment of fees or expenses or other
failure to comply with the terms of our engagement as described in this letter. In the event of
termination of our representation for any reason, it will be responsible for all fees and other
amounts incurred in connection with our representation up to the date of termination, and for all
fees and other amounts incurred to transfer the work to its new attorney.
After our engagement on this matter ends, we will maintain our file on this matter in
accordance with our document retention policy. That policy provides for destruction of our file
without further notice after a designated period, typically a period of ten (10) years. At your
request during or subsequent to our engagement on this matter and prior to destruction of the file,
we will provide copies of any documents from our file which you have furnished us in
connection with this matter.
This letter relates specifically to the terms of our engagement in connection with the
matter described in the first paragraph of this letter. If the City of Carmel wishes to retain us for
other matters and we accept any such representation, we may require that a separate engagement
letter be executed for any such other matter, which may contain terms different from those
contained in this letter. If no additional such engagement letter is executed for a new matter, the
terms of this letter (other than with respect to the initial retainer required above) shall apply to
the new matter.
If you have any questions or concerns about this letter, please call me so that we can
discuss them. If you agree to the terms of our representation as stated in this letter, please sign
the enclosed copy of this letter and return it to me. Again, thank you for selecting Keller
Macaluso LLC. We look forward to working with you.
Sincerely,
Too Keller
ACCEPTED AND AGREED TO THIS 7 1 DAY OF MARCH, 2010.
CITY OF CARMEL
By: P
Print Name:
Its:
L: Engagement letter /City of Carmel /KM/3 -24 -10
770 3rd Avenue SW, Carmel, Indiana 46032 (317) 660 -3400 Fax: (317) 660 -3401
www.kellermacaluso.com
Approved and Adopted this 7 da of 2010.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
p e& James Braina, residing Officer
Date:
Mary Burke, Member
Date: 2
�I
Lori S. Watso -mber
Date: `f( 7 t o
ATTEST
1
Di, a Cordray, IMC Jerk- Treasurer
Date: 1 7-10