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HomeMy WebLinkAboutEmployee Handbook ORIGINAL I€j KRIEG I DEVAULT,. www KairoocvAUIT.com August 23, 2011 Amy J. Adolay Direct Dial: (317) 23&6243 F mail: aadolay®kdlcgaLcom City of Jeffersonville Attention: Kim Calabro, Human Resources Director Suite 220, City Hall 500 Quartermaster Court Jeffersonville, IN 47130 Re: Engagement with Krieg DeVault, LLP Dear Ms. Calabro: Thank you for engaging our firm to represent the City of Jeffersonville (the "City ") in employment law matters, including the review of the City's Employee Handbook. In the event that you ask us to provide additional services, this engagement letter will continue to apply to such services. We are pleased to have this opportunity to represent the City. We are committed to providing the City with excellent legal service and upholding the highest professional standards. We also would welcome the opportunity to be considered for other matters on which our firm could be of service. Given the breadth of experiences in our firm, I am confident that we would be able to assist you in most any area where you have legal needs. Please let me know if you would like to discuss this further. In the event that our engagement is not expanded to other matters, then our engagement and client relationship will terminate at the completion of the services described above. In addition to describing the scope of our engagement, this letter and Schedule A hereto, which is incorporated herein by reference, confirm the terms and conditions under which our firm will undertake to represent you. Although it is our normal fine policy to require a retainer before we begin to provide services, a retainer is not required for this engagement. If the fi>regoing terms and conditions accurately summarize and confirm the understanding of our proposed attorney- client relationship, please indicate your approval and acceptance by having this letter dated, signed and returned. Once again, we are pleased to have the opportunity to represent you. Should you have any questions or concems with regard to the matters discussed in this letter, please do not hesitate to contact me. One INDIANA SOUAnr, SUITE 2600. INDIAHAPOLIS. IN 46204 -2079 1 317.636.4341 F 317.636.1507 W NUnAS LAW FENS fl2 10E j KRIEG, JEVAULT YdnV M ICfp[VAULLT COM August 23, 2011 Page 2 Sincerely, am Amy J. Adolay Agreed to and acecptal this O'day of 44.4.5tA S+ , .'?_l 0 ,e 2 ,‘ tc:.., c iun , uW. W nip Macia2 City of Jeffersonville I€) KRIEG DEVAULT WWW.i I„CC CCVAY IT.CGM August 23, 2011 Page 3 Schedule A Krieg DeVault LLP Terms of Engagement Our firs for legal and professional services will be billed on an hourly basis according to the billing rates charged by each lawyer, professional or paralegal of our fnn who provides services in this engagement These billing rates are subject to adjustment without notice from time to time by the firm, but rates are typically adjusted only as of January 1 of each year. In certain instances, other factors may be taken into consideration in determining our fees, including the responsibility and liability assumed, the novelty and difficulty of the legal problem involved, whether the fine is requested to issue its formal legal opinion associated with some facet of its representation, the benefit resulting to the client and any unforeseen circumstances arising in the course of our representation. Our current billing rates for attorneys range between $200.00 and $490.00 per hour. The current billable rate for Amy J. Adolay is $310.00. Paralegal rates are in the $130.00 to $190.00 range. Our firm's policy is to require a retainer to be paid prior to the rendering of any legal services for new clients. To the extent a retainer is collected, we will charge our fees and expenses against such retainer and credit them on our invoices. The retainer is not an estimate of the total fees to be incurred or expenses advanced, but is a prepayment of the initial fees to be incurred with regard to this matter. Once the retainer amount is fully credited towards fees incurred and expenses advanced, it is essential to our representation that you remain current in the payment of all invoices for fees and expenses. As legal services are performed, we will provide you with invoices on a monthly basis. The invoices will describe our services and itemize our expenses in accordance with our standard firm policies. A schedule of our standard charges for these expenses is enclosed for your reference. If major expenses are to be incurred, we may request that you pay these expenses directly at the time they are incurred. Subject to any Ihmitations imposed by the Rules of Professional Conduct, our firm will be entitled to cease work on any aspect of this representation if any invoices are not paid within thirty (30) days after the invoice is mailed. If we are required to resort to collection proceedings to recover any amounts from you, we will also be entitled to recover all costs incurred concerning such collection proceedings including reasonable attorneys' fees incurred either by us or separate counsel. By signing and returning the additional copy of this engagement letter, you agree that in any such collection proceedings or dispute regarding the attorney-client relationship, venue shall be in any federal or state court located in any county in Indiana where we maintain an office and render services for you; you consent to the jurisdiction and venue of �j KRIEG I DEVAULT. ww.,..r,«ow„uLr.co. August 23, 2011 Page 4 any such court, and you agree that this agreement shall be governed by Indiana law, without regard to the conflicts of laws provisions therein. You shall have the right at any time to terminate our services and representation upon written notice to the firm. Such termination shall not, however, relieve you of the obligation to pay for all services rendered and costs or expenses incurred on your behalf prior to the date of such termination. As permitted by law, we reserve the right to retain your files until all invoices have been paid in full. We reserve the right to withdraw from your representation if, among other things, you fail to honor the terms of this engagement letter, you fail to cooperate or follow our advice on a material matter, or any fact or circumstance would, in our view, render our continuing representation unlawful or unethical, or if we, in good faith, determine that you are unable to comply with the terms of this engagement. if we elect to withdraw from your representation, you agree to take all steps necessary to free us of any obligation to perform further, including the execution of any documents reasonably necessary to complete our withdrawal, and we will be entitled to be paid for all services rendered and costs and expenses incurred on your behalf through the date of withdrawal. In the event that we use electronic mail or cellular phones at any time to communicate with each other, or with thind parties, you acknowledge that we have advised you that electronic mail and cellular phones may be subject to a greater risk of interception or unauthorized access than wire-line telephone communication. If at any time you desire that we not use electronic mail or cellular phones, you will advise us of such desire and we will act in accordance with your instruction. If you do not so advise us, we will assume that you consent to the use of electronic mail and cellular phones for communications between our attorneys, professionals and staff and you or other persons with respect to your matters and in particular this engagement. IRS Circular 230 Notice: Unless otherwise written during the course of our representation, written advice renderexl, including attachments, on U.S. tax issues (i) is not intended or written to be uwe4, and it cannot be used, for the purpose of avoiding penalties that may be imposed by the IRS on taxpayers, and (ii) may not be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement. This notice is intended to comply with Section 10.35 of IRS Circular 230, which is located at httv://www.irs.wv/oubars-pdf/pcir230.pdf. We thoroughly appreciate this opportunity to work with you! I L ) KRIEG 1 DEVAULT. ,,,.,w.. ICCIDLL„LLT.Co„ August 23, 2011 Page 5 KRIEG DEVAULT LLP 2011 CLIENT EXPENSES Charged To Client At Cost: 1. Automobile Rental 2. Bulk Mail 3. Certified Copies 4. Certified Mail 5. Computerized Research 6. Corporate Supplies 7. Court Costs 8. Depositions 9. Filing Pees 10. Lodging 11. Meals 12. Miscellaneous (Itemized) 13. Outside Legal 14. Outside Photocopy 15. Recording Ftxx 16. Title Charge 17. Travel 18. UCC Searches 19. Velobinding 20. Witness Fees The following expenses are charged to the client at the corresponding rates: 1. Courier Services (in addition to actual travel costs) $5.00 per messenger request within the county; $10.00 per messenger request outside of the county, plus $10.00/hr for each successive hour 2. Federal Express 140% of cost 3. Filing Service Messenger time a $10.00 per hour (per responsible attorney's approval) 4. Overtime Time worked x $50.00 (e.g., .5 hour x $50.00 = $25.00) 5. Photocopying $0.20 per copy Ib KRIEG I DEVAULT.. NWN.NNI[CCEVAYLT.CUM August 23, 2011 Page 6 6. Photocopying in color $1.00 per copy 7. Long Distance Fax $2.00 per page xo 340138 1.ucx: