HomeMy WebLinkAboutLegal Services ContractBingham •McHale tLP
a t t o r n e y s a t t a w
Jolm R. Gregg
Attorney
Direct: 812.886.9970
j gegg@binghammchale. corn
Mazch 27, 2008
PRIVILEGED & CONFIDENTIAL
Honorable Tom Galligan, Mayor
City of Jeffersonville
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
Re: Engagement Letter for Legal Services
Dear Mayor Galligan:
We aze pleased that the City of Jeffersonville, Indiana, (the "City") has requested
Bingham McHale LLP (the "Firm") to assist the City in addressing certain environmental issues
which are described in more detail below. This letter will outline our understanding with respect
to this engagement.
Scope of Representation
The City has requested legal services which, based upon our initial discussions, we
understand to include the following (collectively refereed to as the "Legal Services" or the
"Project"):
Assist the City in gaining approval from the U.S. Environmental Protection
Agency and IDEM of a Long Term Control Plan ("LTCP") which provides for
reasonable and affordable control of its combined sewer overflows, as well as
approval of any related documents, such as a Use Attainability Analysis, which
maybe needed in conjunction with the LTCP.
Assiat dre City in obtaining an acceptable schedule and related compliance
provisions for implementation of the LTCP's CSO control measures, once
approved, from the U.S. Department of Justice, the U.S. EPA, and the IDEM.
Represent and advise the City and its officials or affiliates in any resulting
litigation concerning the foregoing items and/or any potential civil penalties
1 l2 N. T" Streo[ P.O. Box 139 Vinoenvu Indiana 47591
Telephone 812.856.9970 Facsimile 812.886.0776 biaghammchale.wm
Indianapolis Jasper Vincennes
Bingham • McHale~~r
a t t o r n e y s a t l a w
Honorable Tom Galligan, Mayor PRIVILEGED AND CONFIDENTIAL
City of Jeffersonville, Indiana
Mazch 27, 2008
Page 2
levied by the U.S. EPA or the IDEM for combined sewer overflows and/or related
items.
• Assist City personnel with other legal services which you may request and which
we agree to provide.
It is our understanding that we would be working closely with you, Mayor Galligan, the
Sewer Board of the City of Jeffersonville, other City personnel, and [he City's engineering
consultants, including primarily Bemardin Lochmueller & Associates and Strand Associates, in
implementing this Project. Larry Kane, a partner in the firm's Environmental Law Department,
will be the attorney principally responsible for handling the environmental aspects of the
engagement Gregory A. Neibarger, of the firm's Litigation Department, will be principally
responsible for communicating with the U.S. EPA and IDEM, maintaining the City's legal
positions with the U.S. EPA, IDEM and Department of Justice, and represenfing the City in any
resulting litigation. Assistance may also be provided by Matthew A. Gemand, au associate in
the Environmental Law Department, from time to time.
The following terms apply to this agreement.
Fees. The time of each attorney who may work on the City's project is billed at differing
hourly rates, depending on experience and other factors. The standard hourly rates for Mr. Kane,
Mr. Neibazger and Mr. Gemand are $370, $250, and $195, respectively. Rates are reviewed
annually in the event a project spans more than one calendar yeaz. Our time spent on the Legal
Services is recorded in tenths of an hour and is recorded daily. Examples of time which is
billable are time involved in research, investigation, telephone calls, travel, conferences,
prepazation, drafting of correspondence and other documents, and organizing files, evidence and
materials.
Separate Charges for Expense Items. Charges, in addition to our hourly fees, will be
made for expense items. Examples include charges for photocopies, long-distance telephone
calls, travel, postage, overnight delivery, telecopier, computer research, and messenger service.
Pavment Terms. Bills will be sent monthly for your review and payment. Payment is
due upon receipt and is expected within thirty (30) days following receipt.
Experts. If it becomes necessary to hire an expert to assist the Firm in any part of the
work, that hiring will be subject to the City's prior approval. Although unlikely, if an expert
were to require a retainer, we will first obtain the City's approval. If under those circumstances
Bingham • McHale~,~
a t t o r n e y s a t l a w
Honorable Tom Galligaq Mayor ParvtcecaD nxD CoxF~Dex'rtnt
City of Jeffersonville, Indiana
March 27, 2008
Page 3
the City approves, then the City will pay that retainer to us. W e will then make payment to the
expert.
Termination of Services. Either 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's files and payment for the Firm's
services. Any termination by the Firm would only be in accordance with its ethical obligattons
to you, local Rules of Court and the Indiana Rules of Professional Conduct.
If there are any points on which we have misunderstood the terms of this engagement or
if you have questions about the terms, please contact us promptly. Otherwise, please provide us
with a confirmatory email that the engagement letter is satisfactory and sign and return the
Acknowledgment on the following page to John Gregg. We appreciate the opportunity to assist
the Cityin this Project.
Sincerely,
Sohn R. Gregg
JRG:~xr»ss
cc: Mr. Larry J. Kane
Mc Gregory A. Neibazger
Bingham • McHalet~
a t t o r n e y s a t l a w
Honorable Tom Galligan, Mayor Px[vtt,ecsD nxD COxPtDExTIAL
City of Jeffersonville, Indiana
Mazch 27, 2008
Page 4
ACKNOWLEDGMENT
On behalf of the City of Jeffersonville, Indiana, I acknowledge having reviewed the
foregoing Engagement Letter concerning Bingham McHale LLP's proposed provision of legal
services in representing the City in the Project described hereinabove and I accept the terms of
such Engagement Letter.
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Printed: ~ ~7 I rt ~y ~ G,Q L L raj h ~'
Title: M /t~d ~ C/
Date: ~S' Q f 2008