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Home My WebLink About6B (1)(0 B ( j) • gooT$ Community & Economic Development r 1K5 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission From: Ann Kolata, Senior Redevelopment Specialist Subject: Engagement Letter — Plews Shadley Racher & Braun Date: June 8, 2012 Attached is an engagement letter from Thao Nguyen at Plews Shadley Racher & Braun related to legal services for the Union Station Technology Center. City Attorney Aladean DeRose has approved this proposal so that Plews Shadley Racher & Braun can represent the City and the Commission in finalizing documents with Union Station Properties, LP, particularly as it relates to environmental issues. I have attached a copy of the engagement letter and fee schedule for your information since the legal fees will be paid from TIF. Please contact me at akolata(�),southbendin.gov if you have any questions or need additional information. PLEWS SHADLEY RACHER & BRAUN LLP ATTORNEYS AT LAW GEORGE M. PLEWSI SUE A. SHADLEY PETER M. RACHER CHRISTOPHER J. BRAUN 1,2 JEFFREY D. CLAFLIN FREDERICK D. EMHARDT S. CURTIS DEVOE JOHN B. BRIDGE' JEFFREY A. TOWNSEND JEFFREY D. FEATHERSTUN DONNA C. MARRONI PH.D.4 JOHN M. KETCHAM I ALEXANDRA S. SYLVIA 6 BRETT E. NELSON' JOHN D. MORIARTY AmY E. RoMIG6 TODD J. JANZEN GREGORY M. GOTWALD JONATHAN P. EMENHISER THAO T. NGUYEN OF COUNSEL: CHRISTINE C.H. PLEWS MARL' ANN F. SAGGESE " F. RONALDS WALKER 1,9 P. KEVIN THOMPSON 10 KAREN B. SCHEIDLER, CPCU PLEASE REPLY TO SOUTH BEND OFFICE. 1346 NORTH DELAWARE STREET THERESA I KATHERINE E E. WINDERS INDIANAPOLIS, INDIANA 46202 -2415 TONYA J. BOND TELEPHONE (317) 637 -0700 ANGELA M. ODD G. REGUE11 2 FACSIMILE (317) 637 -0710 STEPHANIE J E JACKSON SHELLEY M. ACKSON DANIEL P. CORY JOSH S. TATUM 53732 GENERATIONS DRIVE COLIN E. CONNOR SOUTH BEND INDIANA 46635 BRIAA E � -1539 JONATTHAN N A..L. L. PENN TELEPHONE (574) 273 -1010 SEAN HIRSCHTEN ER NE HU KATHERINE K. SCHUMAN FACSIMILE (574) 271 -2050 AIZA H. SIDDIQI 12 www.psrb.com I REGISTERED MEDIATOR Z ALSO ADMITTED IN THE SENDER'S E -MAIL: tnguyenCa,psrb.com DISTRICT OF COLUMBIA .t ALSO ADMITTED IN NEW YORK J ALSO ADMITTED IN HAWAII s ALSO ADMITTED IN MICHIGAN 6 ALSO ADMITTED IN KENniCKY May 30, 2012 7 REGISTERED TO PRACTICE BEFORE THE U.S. PATENT AND TRADEMARK OFFICE - ALSO ADMITTED IN VIRGINIA 9 ALSO ADMITTED IN ILLINOIS 10 ARIAS -US CERTIFIED ARBITRATOR 11 ALSO ADMITTED IN NORTH CAROLINA 12 ADMITTED ONLY IN CALIFORNIA Aladean DeRose, City Attorney City of South Bend Legal Department 227 West Jefferson Blvd., Suite 1400 N South Bend, Indiana 46601 Re: Representation for Union Station Technology Center Dear Aladean: We are pleased to represent the City of South Bend, Indiana (the "City') with respect to its development transaction with Union Station Properties, LP, known as Union Station Technology Center, and present for your acknowledgment and agreement the terms under which we take such representation and counsel. Unless otherwise agreed to in writing between us, the following terms will control our agreement. PERFORMANCE OF SERVICES The undersigned attorney will be responsible for managing the subject matter of the engagement, which will include, but will not be limited to, providing legal consultation and advice, drafting documents, conducting negotiations and the hiring of others as deemed appropriate. I will be the supervising partner on the project. In order to minimize professional fees, we may from time to time assign certain tasks to others, including paralegals, employed or engaged by the firm. Specifically, I will be assisted by associates Dan Cory and Katherine Schuman for certain aspects of the representation. I may also consult with other partners to draw upon their expertise. RETAINER Aladean Rose May 30, 2012 Page 2 We will waive our usual retainer fee and only include the following retainer fee information for your reference should we require a retainer fee in the future. We hereby reserve the right to require a retainer fee should the City not comply with the Terms of Payment section below. By executing this engagement letter, the City agrees to pay upon written request a retainer fee if it does not comply with the Terms of Payment. The retainer, if one is paid, shall be deposited in trust to pay costs actually incurred now or hereafter, which amount, less actual costs paid to us therefrom, will be refunded upon conclusion of the representation to the extent costs have not been incurred in excess of the amount paid. PROFESSIONAL FEES AND EXPENSES Professional fees in this matter will be billed for actual time spent by an attorney or paralegal at his or her hourly rate in effect at the time the work is performed. As a municipal entity, the City will be billed at our special governmental rates. My governmental hourly rate is $195 per hour, a substantial discount from my normal hourly rate of $290. Hourly rates for other attorneys and paralegals are reflected on the attached rate sheet. I have also attached our normal rates for you to compare. Hourly rates are typically adjusted annually, beginning in January of each year. In addition to professional fees, the City agrees to reimburse us for all expenses attributable to your matter, including, but not limited to, photocopying, facsimile charges, telephone charges, express mail charges, etc. Any such expenses will be detailed in your statements. In connection with such expenses, our policy is to recover only our costs; we do not add a service charge or premium on such expenses. TERMINA TION A ND WITHDRAWAL You may terminate our representation at any time. Termination by the City will not, however, relieve the City of responsibility for payment of professional fees and expenses incurred before notice is given us, or for those incurred in connection with the orderly transition of your matter to successor counsel. We may withdraw from representation under several circumstances. For instance, the Rules of Professional Conduct require that we withdraw from representing a client where we discover that a client seeks our assistance to engage in criminal or fraudulent conduct, continued representation of the client will result in violation of the Rules, the client insists on pursuing an objective that we consider repugnant or imprudent, the client fails substantially to fulfill an obligation to us regarding our services (including prompt payment of professional fees and expenses), or where the continued representation of the client will result in an unreasonable financial burden on us or has been rendered unreasonably difficult by the client. Aladean Rose May 30, 2012 Page 3 At the time this agreement is signed, neither of us is aware of a conflict of interest regarding this matter with clients of the firm. In the event we become aware of a conflict of interest, we may withdraw our representation of the City. If you find the terms of this arrangement agreeable, please execute the original of this letter and return it to us. Thank you for the opportunity to represent the City in these matters. Very truly yours, Thao T. Nguyen TTN/kmc Encl. cc: Ann Kolata (w /encl.) ACKNOWLEDGED AND AGREED: THE CITY OF SOUTH BEND, INDIANA Signature Printed Name Title Date PLEWS SHADLEY RACHER & BRAUN LLP 2012 BILLING RATES GEORGE M. PLEWS Partner $435.00 SUE A. SHADLEY Partner $335.00 PETER M. RACHER Partner $300.00 CHRISTOPHER J. BRAUN Partner $325.00 JEFFREY D. CLAFLIN Partner $295.00 FREDERICK D. EMHARDT Partner $295.00 S. CURTIS DEVOE Partner $270.00 JOHN B. BRIDGE Partner $270.00 JEFFREY A. TOWNSEND Partner $270.00 JEFFREY D. FEATHERSTUN Partner $295.00 DONNA C. MARRON Partner $295.00 JOHN M. KETCHAM Partner $240.00 ALEXANDRA LIPPS SYLVIA Partner $240.00 BRETT E. NELSON Partner $240.00 JOHN D. MORIARTY Partner $205.00 AMY E. ROMIG Partner $205.00 TODD J. JANZEN Partner $195.00 GREG M. GOTWALD Partner $195.00 JONATHAN P. EMENHISER Partner $195.00 THAO T. NGUYEN Partner $195.00 CHRISTINE C. PLEWS Of Counsel $365.00 MARY ANN F. SAGGESE Of Counsel $225.00 F. RONALDS WALKER Of Counsel $205.00 P. KEVIN THOMPSON Of Counsel $220.00 KAREN B. SCHEIDLER Of Counsel $195.00 KATHERINE E. WINDERS Associate $185.00 J. MICHAEL BOWMAN Associate $185.00 TONYA J. BOND Associate $185.00 ANGELA M. GREEN Associate $155.00 TODD G. RELUE Associate $155.00 THERESA M. WILLARD Associate $155.00 STEPHANIE T. ECKERLE Associate $145.00 SHELLEY M. JACKSON Associate $145.00 DANIEL P. CORY Associate $135.00 JOSHUA S. TATUM Associate $135.00 COLIN E. CONNOR Associate $130.00 BRIANNA J. SCHROEDER Associate $130.00 JONATHAN L. PENN Associate $130.00 SEAN M. HIRSCHTEN Associate $125.00 KATHERINE K. SCHUMAN Associate $120.00 AIZA H. SIDDIQI Associate $120.00 EMILY L. CRISLER Law Clerk $100.00 ELIZABETH PARKS STRAIN Case Manager $130.00 PAMELA S. BARKER Paralegal $130.00 FREDERICK J. HALTER Paralegal $125.00 CHASSIDY J. KING Paralegal $125.00 JESSICA J. HERMANN Paralegal $125.00 KRISTA M. COX Paralegal $125.00 Costs Meals actual cost Postage actual cost Mileage 55.5¢ per mile Parking actual cost Hotel actual cost Black/white copies 20¢ per page Color copies 80¢ per page Filing Fees actual cost Overnight mail actual cost Computer research actual cost IgTC �