6.H.(1) Proposal for outside legal counsel

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I ~~ SOPKO, NUSSBAUM, INABNIT & gACZMAI~EK ATTORNEYS AT LAW RICHARD A. NUSSBAUM. II` BRENT E. INABNIT" MATTHEW R. KACZMAREK JOSHUA A. VISSER 'ALSO ADMITTED IN MICHIGAN "ALSO ADMITTED IN ILLINOIS 5TH FLOOR -PLAZA BUILDING 210 5. MICHIGAN STREET - P.O. BOX 300 OF COUNSEL SOUTH BEND, INDIANA 46624 THOMAS C. SOPKO TELEPHONE (574) 234-3000 RONALD J. JAICOMO FACSIMILE (574) 234-4220 E-MAIL ADDRESS: SNIC$SNI-LAW.COM March 4, 2009 Mr. Charles Leone Corporate Counsel City of South Bend 14th Floor County-City Building South Bend, IN 46601 Re: Outside Counsel Engagement Dear Chuck and Jeff: Mr. Jeff Gibney Director of the Department of Community and Economic Development 12th Floor County-City Building South Bend, IN 46601 The purpose of this letter is to supplement my previous engagement letter of June 13, 2008. I am very pleased to help with legal issues involving the Department of Community and Economic Development. I know both the Mayor and Jeff have set some very ambitious goals regarding economic development initiatives. My role will be to assist Jeff in meeting these goals in conjunction with the fine work done by the Legal Department of the City of South Bend. Pursuant to I.C. 36-4-9-11(10), the City may not employ attorneys without the authorization of the Head of the Department of Law. Accordingly, I am providing this engagement letter to Chuck for his review and approval. I anticipate working very closely with the Department of Law in fulfilling my obligations to the Community and Economic Development Department. I understand the projects which I will be assigned to will be approved on a case-by- case basis by the City Attorney. It is my intention to leverage my experiences in City and State government to assist the many talented professionals in the Department of Law and the Department of Community and Economic Development. We believe that it is important in a good working relationship that financial matters are made clear at the outset. Our fees for professional services are based on the actual time spent. Our invoices will contain detailed daily records of each task performed, who performed it, and how much time was spent during the billing cycle. Out of pocket disbursements made by the firm will be billed at actual cost. Copy and fax services provided by our staff is charged at a standard rate and will be itemized. Although I plan to be the primary attorney providing services in this matter, I am providing you the hourly billing rate of the attorneys from our firm who may perform services as well: