Keller Macaluso/Law/Legal Consultant KM 1 Keller Macaluso LLC
Attorneys at Law
Legal Solutions, Practical Advice
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March 7, 2012
PRIVILEGED AND CONFIDENTL4L VIA EMAIL
City of Carmel
Attn: Douglas C. Haney, Esq.
Civic Square
Carmel, IN 46032
RE: Engagement Letter for Legal Services in connection with various matters for the City of
Carmel
Dear Mr. Haney:
The City of Carmel "Carmel has previously engaged Keller Macaluso LLC to perform legal
services on specific matters, beginning in March, 2010. We are pleased that you have selected
Keller Macaluso LLC to perform additional various legal services for Carmel, including, but not
limited to litigation services, business services, municipal law and real estate related services on
an as requested basis. This letter confirms the terms on which our firm has agreed to represent
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. Our current attorney rates range
from $185.00 to $325.00 per hour. Our paralegals' current respective rates are $150.00 and
$125.00 per hour. We 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
KM Keller Macaluso LLC March 7, 20112
Attorneys at Law Page 2
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information on how to pay those expenses. If we elect to pay any such expenses directly, we will
bill the City of Cannel 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, to the extent permitted by
applicable law. 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.
Cannel 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, Cannel 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 your new counsel.
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 two (2) 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 generally to the terns of our engagement as legal counsel for Cannel. As you
wish to retain us for specific 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 than those contained in this letter, including potentially requiring an upfront retainer. If
no additional such engagement letter is executed for a new matter, the terms of this letter 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.
KM I Keller Macaluso LLC March 7, 20112
Attorneys at Law Page 3
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S'ncerely,
T o Keller
ACCEPTED AND AGREED TO THIS Cq' 1 DAY OF a- �G� 1 2012.
CITY OF CARMEL
By:
Printed N. ne: ■ii. /1'.M
Its: I f7/.I •ti
L:Engagement letter /City of Carmel/KM /3 -7 -12
TK:slo
cc: Accounting Depai lment
4
Approved thiscaiday of f7Ze.i2["J. 2012.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
J es Brainard, Presiding Officer
ate: 3 Z
1
i
ary n Burke, Member
Date: -5 R Q
Lori S. Wa Member
Date: 1R3
ATTEST:
u
Diana Cordray, IMCA, Cl'rk- Treasurer
Date: C 021