Bingham, Greenebaum, Doll/Law/Expansion of Sewer Utility EMPLOYMENT AGREEMENT
AGREEMENT WITH: City of Carmel
ATTORNEY-CLIENT
PRIVILEGED COMMUNICATION
PROJECT: Expansion of Carmel Sewer Utility 4,1z
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This document lists the terms of employment of Bingham Greenebaum Doll`LIP (the
"Firm") as counsel to the City of Carmel (the "City") in the above-identified matter (the
"Project").
1. Fees. The time of each attorney who may work on your project is billed at
differing hourly rates. Each attorney's rate depends on his or her experience and skill for the type
of work required by the project, and the novelty and complexity of the issues involved.
Paralegals and clerks also have hourly rates. Time spent on a project is recorded daily.
Examples of time which is recorded are time involved in research, investigation, telephone calls,
travel, conferences, court appearances, preparation, drafting, correspondence and organizing
files, evidence and materials. The City will pay only the higher hourly rated attorney engaged in
intra-office discussions with other firm attorneys or staff. The City will pay for two (2) attorneys
at trial or at any evidentiary hearing and one (1) attorney at pretrial conferences, motion
arguments and discussions with opposing counsel, absent prior written approval.
The City does not expect more than on associate/paralegal and one partner to be needed
to review/revise a document. If more than two (2) attorneys read, review and/or discuss the same
pleadings or other legal document, only the highest two hourly rated attorneys will be paid.
The City will pay only once for the calendaring of dates and other case information.
Time will be recorded and billed in 1/10 hour increments, with the specific action taken
and the identity of the person taking it identified. The hourly rates of all persons who bill time
on a matter will be stated on the invoice.
2. Separate Charges. Charges, in addition to time charges, will be made for certain
items. Examples include charges for postage, overnight delivery, deposition or transcript fees,
witness fees, filing fees, court costs. The City will not pay for facsimile transmissions except for
outgoing long distance transmission. The City will not pay for secretarial overtime. The City
will not pay for messenger services when better time management would have allowed delivery
by mail. In such cases, the City will pay the postage charge that would have applied. The City
will not pay for office supplies. All black and white photocopies will be charged at no more than
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Ten cents ($.10) per page and all color copies will be charged at no more than Fifty Cents ($.50)
per page. The City will pay for computer research, but excessive charges will not be paid.
3. Payment Terms. Bills will be sent monthly. Payment will be due thirty-five (35)
days after receipt of invoice.
4. Experts. If it becomes necessary to hire an investigator or an expert to assist the
Firm in any part of the work, that hiring will be subject to your prior approval. If an expert or an
investigator requires a retainer, we will first obtain your approval. If the City approves, the City
will pay that retainer to us. We will then make payment to the expert or investigator. Any
credits against the retainer for the investigator or expert will not be subtracted from the Firm's
advance nor will credits against the Firm's advance be subtracted from the retainer for the
investigator or expert; rather, those amounts shall be maintained wholly separate and distinct.
5. Termination of Services. The City or the Firm may terminate the Firm's
representation at any time, effective only upon receipt of written notice. In such event,
appropriate arrangements will be made for delivery of the City files and payment for the Firm's
services. Any termination by the Firm would only be in accordance with its ethical obligations
to you, local Rules of Court and the Indiana Rules of Professional Conduct.
6. Scope of Employment. The City is hiring us in connection with the Project
described in accordance with the terms as set out herein. If the City uses us for other matters and
we accept the representation, we may ask that a separate agreement be executed for the other
project. The new agreement may contain terms different from those contained in this one. If no
additional agreement is executed, this agreement will apply to the new projects.
7. Competent and Diligent Representation. We ethically cannot guarantee any
particular result that we may obtain on your behalf. However, we will provide competent and
diligent representation, with the legal knowledge, skill, thoroughness and preparation reasonably
necessary for the representation.
We are pleased to be of service to you.
BINGH RE BAUM DOLL LLP
By
an L. Seger
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Approved this (Y4 day of , 20 P---
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
,°77
James Brainard, Presiding icer
Date: , '— / /7
L„/„../),
M ry An Burke, Member
Date:
Lori S. Wat ' yember
Date: � 4_1 f I
ATTEST:
0.../A-Ae---
-iana Cordray, IMC erk-Treasurer
Date: ,6 - 1-/2--
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