Wallack Somers Haas/Law/Letter of Engagement WALLACK Burr Z.WiuAac
MKHAFL S.WNiecr
SOMERS GEORGE Wu
Kee P.Hum
& HAAS Pc Jaerroa R S cur
Her F Tom
Attorneys at Law IUnu L Wocos
RYAN R.Wnncwa+c
January 31, 2013
Via First-Class and Electronic Mail
Mr. Douglas C. Haney
Carmel City Attorney
One Civic Square
Carmel, Indiana 46032
Re: Engagement Letter -City of Carmel. Indiana
Dear Mr. Haney:
The purpose of this letter is to confirm the terms and conditions relating to our counseling and
representation. The services to be rendered by our firm include any services authorized by the City of Carmel,
Indiana(the"City"), the Department of Redevelopment for the City, the Mayor of the City, or you, as the City
Attorney(collectively, the"Client"), with respect to the same.
Legal fees are determined based on the billable time spent by employees of our firm in providing the
legal services. When any particular employee works on the Client's legal matter, the fee charged will be
determined by multiplying that employee's billing rate times the billable time spent. We agree to provide legal
services based on the hourly rates established for the attorneys and other personnel of our firm from time to
time. We expect the bulk of our services to be provided by the attorneys, and at the rates, set forth on
Schedule 1, attached to this letter.
We reserve the right to revise our fee structure periodically upon notifying the Client of any change
in our rates or method of compensation. We will also be entitled to reimbursement for costs and expenses
incurred in performing services (e.g., messenger and delivery service, computerized research, court costs.
filing fees,etc.). Fees and expenses of others will be the Client's responsibility and directly billed t0 the Client.
Fees and expenses will be billed monthly and will be payable in the ordinary course of timely presentation,
approval, and processing of the Clients invoices. We reserve the right to postpone or defer providing
additional services or to discontinue representation if billed amounts are not paid when due.
The Client has the right at any time to terminate our services and representation upon written notice.
Any termination shall not, however, relieve the Client from the obligation to pay for all services rendered and
costs or expenses paid or incurred on the Client's behalf prior tc the date of such termination. If the Client
fails to pay the amounts due to us under this agreement,the Client accepts responsibility and agrees to pay
for reasonable attorneys'fees and other expenses incurred by us in collecting the amounts due. We may also
terminate our legal services and representation if:
One Indiana Square, Suite 2300
Indianapolis, Indiana 46204
Tel: 3 1 7.231.9000 www.WSH1aw.com Fax: 3 1 7.231.9900
Mr. Douglas C. Haney Page 2
January 31, 2013
(a) we discover any conflict of interest;
(b) the Client fails to pay, when due, any amounts required to be paid under this
agreement
(c) we discover the Client has made a misrepresentation in connection with any matter
we are handling for the Client, or we discover any material variance between the
facts as related to us by the Client and the facts as they actually exist; or
(d) the Client fails to heed our advice or recommendations or otherwise does not
cooperate with us in our representation of the Client.
If the foregoing correctly reflects the Client's understanding of our representation, please sign, date
and return the enclosed copy of this letter. This letter is confidential to the Client and may not berelied upon
by any other party.
Very truly yours,
WALLACE SOME /' .0
� .
ByC . ��i1I
'ad •. Haas
AGREED TO AND ACCEPTED this day of
, 2013
THE CITY OF CARMEL, INDIANA
By:
Printed:
Title:
Mr. Douglas C. Haney Page 3
January 31, 2013
SCHEDULE 1
Attorney Billable Rate
Karl P. Haas $347.50/hour
Jennifer R. Shoup $347.50/hour
Alexa L. Woods $347.50/hour
Ryan R. Wilmering $217.50/hour