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HomeMy WebLinkAboutIce Miller, LLC July 9, 2013 WRITERS DIRECT NUMBER: (317) 246 -2339 DIRECT FAX (317) 592 -4641 INTERNET: Thomas.Downs @Icemiller.com Via Email Les Merkley City of Jeffersonville 500 Quartermaster Court Jeffersonville, IN 47130 lmerkley@. Cityofjeff.net Re: City of Jeffersonville, Indiana Redevelopment Commission Dear Les: We wanted to thank you for the opportunity to work with the City of Jeffersonville ( "City ") Redevelopment Commission ("Commission") again and to confirm with you our employment as special counsel to the Commission related to assisting you with negotiating with developers as to the potential conveyance of certain land owned by the Commission ( "Matters "). It is our understanding that we will be providing legal services and representation to the Commission related to the Matters. This representation does not extend to any individuals who are members, officers, directors, subsidiaries, or affiliates of the Commission and therefore no attorney — client relationship exists with those parties. Fees charged for work performed are based on the time expended and other factors covered by the Rules of Professional Conduct. Our fee generally is based on hourly rates for time expended and charges for expenses such as long distance telephone calls, copying expenses, express mail, travel expenses, telecopy expenses, etc., incurred in working on a particular matter. Prior to beginning substantive work on each matter, at your request we will discuss our fees based on the necessary time estimated to complete the transaction and the nature of the matter. Of course, things change as matters progress so we will continue to communicate with you about our fees. Hourly rates may change periodically and we typically do not provide a general notice, but a current schedule is always available to you at any time upon your request. For the 2013 calendar year, paralegal fees are typically billed at a rate of $280 per hour. Associate attorney fees are typically between $280 and $345 per hour. We have not yet had the opportunity to thoroughly investigate the scope of our engagement with regarding to the Matters. Further, partner fees typically range from $525 to $595 per hour. In addition, our bill will include charges, if any, for items such as long distance telephone calls, copying expenses, telecopy expense and courier services. We understand that we will be paid within 30 days of our invoices, which will be sent monthly. .. Les Merkley City of Jeffersonville July 9, 2013 Page 2 We understand that it may be necessary for us to attend Commission meetings and meeting with the developer, as requested. Time related to such meetings will be billed at our hourly rates. We understand that while serving as legal counsel on a particular matter, we shall continue such service until the conclusion of such matter, or until you direct otherwise. We also understand that should we be replaced as counsel we will be compensated promptly for our fees and charges to the time of replacement. None of our fees will be based upon or related in any way to the cost of a capital project. The fees shall be solely for legal services provided and shall not be based on any factors not related to services rendered. The total fees for legal services shall not exceed $25,000.00 without prior approval of Commission. As you are aware, the firm represents many other companies and individuals. Of particular note are several other associations and entities that we proudly represent today with interests in local government. It is possible that during the time that we are representing you, some of our present or future clients may have disputes or transactions with you, or other interests that may be adverse to yours. You agree that we may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to our work for you even if the interests of such clients in those other matters are directly or indirectly adverse to you. We agree, however, that your prospective consent to conflicting representations contained in the preceding sentence shall not limit our obligation to you to keep confidential any information of a nonpublic nature provided to us on a confidential basis as a result of our representation of you. You also understand that we may obtain confidential information from other clients that might be of interest to you but for the same reasons cannot be shared with you. If these terms are acceptable, please have this letter executed at the bottom of this letter and returned to us. If you have any questions, please feel free to call me at the number listed above. We look forward to working with you. Very truly yours, ICE MILLER LLP Buddy Thomas K. Downs TKD : HRJ Les Merkley City of Jeffersonville July 9, 2013 Page 3 On behalf of the City of Jeffersonville, Indiana Redevelopment Commission the foregoing terms of employm t of Ice Wier LLP, as special counsel, are hereby approved and accepted this &K__ day of L/S , 2013. CITY OF JEFFERSONVILLE, INDIANA REDEVELOPMENT COMMISSION B . / / y: ATTEST: . I/3299464.2