HomeMy Public PortalAbout003-2015 - Law - City AttorneyAGREEMENT FOR LEGAL SERVICES
This Agreement is entered into this /— day of January, 2016, by and between the
City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter
"City") and Walter S. Chidester (hereinafter "Attorney") of the law firm of Boston
Bever Klinge Cross & Chidester (hereafter "the Firm").
WITNESSETH:
WHEREAS, Richmond, Indiana is designated a second class city by the Indiana Code
and the Mayor thereof is mandated to appoint a Corporation Counsel,
commonly referred to as the City Attorney and referred to throughout this
Agreement for Legal Services as City Attorney; and
WHEREAS, Mayor David M. Snow wishes to appoint Walter S. Chidester, a partner of
the Firm, as City Attorney for the year 2016, supported by other members
of the Firm, as necessary, for the provision of such services to City in
accordance with the terms and conditions set out in this Agreement; and
WHEREAS, the City has the need, in addition to legal assistance provided by an
Assistant City Attorney or an attorney or paralegal contracted by the City
of Richmond, to retain legal counsel as City Attorney to also provide
advice, services, and assistance to the various City elected officials,
officers and departments; and
WHEREAS, the parties believe the Attorney can provide the necessary services as City
Attorney as requested and authorized by Mayor Snow; and
WHEREAS, the Indiana Code and Richmond Code authorize the direct purchase of
legal services without competitive bidding or other process; and
WHEREAS, the City, through its Board of Public Works, desires to enter into a
contract for the purchase of legal services from Attorney for the year
2016.
NOW, THEREFORE, in consideration of the terms and conditions contained herein,
including the above stated recitals, the parties agree as follows:
A. TERM OF AGREEMENT
This Agreement for Legal Services between City and Attorney shall be for
the period of one year, beginning at midnight on January 1, 2016, and
ending at midnight on December 31, 2016. Notwithstanding such term,
Contract No. 3-2016
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either party may terminate, for any reason, this Agreement prior to such
time, with sixty (60) days prior written notice.
B. COMPENSATION
1. In consideration for the services to be provided herein, Attorney
shall be paid the sum of Forty -Two Thousand Seven Hundred
Eighty Dollars ($42,780.00), payable in monthly installments of
Three Thousand Five Hundred Sixty -Five Dollars ($3,565.00)
each. In the event this Agreement is terminated prior to December
31, 2016 by either party as hereinafter provided, this sum shall be
pro -rated to the date of termination. All invoices for services
hereunder shall be submitted by City Attorney in the name of, and
reported for state and federal tax reporting purposes under the
federal identification number of, the law firm of Boston Bever
Klinge Cross & Chidester, of which Walter S. Chidester is a
partner. The above stated consideration shall be in addition to any
reasonably incurred expenses that Attorney might advance on
behalf of City in the course of providing services hereunder.
2. The parties agree that any services provided by Attorney for
litigation services and/or administrative hearings rendered in
conjunction with any City Board, any City Department, any City
Commission, the Mayor, Common Council or Richmond Power &
Light, or for services rendered in conjunction with any City Board,
any City Department, any City Commission, the Mayor, Common
Council or Richmond Power & Light, requiring work which may
be charged separately to a third party, may be billed separately by
Attorney, against the City litigation budget or against fees to be
received by the City and/or any Board, Department or
Commission. These services shall be itemized by the hour and
billed at the rate of One Hundred Fifty Dollars ($150.00) per hour.
C. DUTIES OF ENGAGEMENT
1. Walter S. Chidester, as City Attorney, shall serve as head of the
Department of Law for the City. In such capacity, Walter S. Chidester
shall, among other things, attend meetings of the Common Council,
meetings of the Board of Directors of Richmond Power and Light and
such other meetings or boards as requested by the Mayor. The City
Attorney shall also provide supervision and monitoring of the
Assistant City Attorney, or any attorney or paralegal contracted by the
City of Richmond, who will handle legal matters of the City of
Richmond not handled by the City Attorney. Between the City
Attorney and the Assistant City Attorney, or any attorney or paralegal
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contracted by the City of Richmond, shall be performed the usual and
customary legal services required by the City, whether requested
through the Mayor, Common Council, City Departments, City
Commissions, City Boards, or Richmond Power & Light.
2. The services of Walter S. Chidester shall consist of a basis of
forty-eight (48) hours per month on behalf of the City. Although
the majority of services shall be performed by Walter S. Chidester,
other partners or associates of Boston Bever Klinge Cross &
Chidester may be delegated by Walter S. Chidester to perform
certain work based upon their particular expertise or ability in a
given matter. It is understood and agreed that Andrew J.
Sickmann, a partner of the Firm, shall be the primary attorney
handling and supervising the legal affairs of the City of Richmond,
Indiana, in the event of the unavailability or absence of Walter S.
Chidester.
3. In the event Attorney determines he has a conflict of interest or
lacks the expertise to handle certain matters, other legal services
may be purchased by the City upon the recommendation of the
City Attorney and after consultation with the Mayor or affected
Board.
D. EXCLUDED SERVICES AND OTHER TYPES OF SERVICES
Certain types of service are not intended to be performed by Attorney
pursuant to this Agreement. The following matters are excluded from the
scope of legal services to be provided by Attorney to City pursuant to this
Agreement. These excluded services include those described in sub-
paragraphs "a," "b" and "c" below.
a) Provision of services to the Richmond Police Department related to
policies and procedures of in -the -field law enforcement and every
type of law enforcement by the Richmond Police Department
involving criminal activity or alleged criminal activity (it being the
understanding and agreement such legal services are provided by the
Wayne County Prosecuting Attorney's Office).
b) Provision of services in those matters wherein City Attorney and/or
all other members of Boston Bever Klinge Cross & Chidester would
have a conflict of interest so as to be precluded from such
representation according to the provisions of the Rules of Professional
Conduct governing attorneys engaged in the practice of law in the
State of Indiana.
c) Provision of services in those unique areas of law wherein neither the
City Attorney nor other members of the Firm are competent to
practice (e.g. serving as opining bond counsel in matters such as those
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described in sub -paragraph ' f' below) or in matters pending before
tribunals or courts in which the Firm attorneys are not admitted to
practice (e.g. as with litigation that might be brought in a foreign
state).
Other types of services may be performed by Attorney but will be at
additional charges to City and not covered by the monthly attorney pay set
forth in paragraph B.1 above or the $150 hourly charge as set forth in
paragraph B.2 above. Such services would include those described in sub-
paragraphs "d", "e" and ' f' below.
d) Provisions of services in matters of litigation or administrative
hearings wherein City is plaintiff or counter -plaintiff and seeks an
affirmative monetary recovery; PROVIDED HOWEVER, legal
services in such matters would be by Attorney on a contingent fee
basis or as a matter of additional hourly charges, at the election of the
City.
e) Matters of litigation or administrative hearings in defense of the City
or any of its agencies wherein insurance carrier -provided counsel is
not provided to City or in which Attorney is consulted with, and/or
works with, insurance carrier -provided counsel.
f) Provision of services involved in the issuance of bonds, tax
anticipation warrants, general obligation bonds, TIF bonds, or other
such matters involving public issue debt financing wherein the
common practice is to pay for the legal services and costs of such
issuance from the bond proceeds.
E. OBLIGATIONS OF CITY TO PROVIDE SUPPORT SERVICES
City shall provide Attorney the following support services and facilities to
better enable Attorney to provide the services contemplated by this
Agreement:
a) Office space for the use of City Attorney at the City Building;
b) Computer, e-mail access, word processing software (Microsoft Word,
telephone, facsimile service and the usual and customary office
equipment and supplies of comparable quality as those other offices
housed in said City Building;
c) Use and support of a secretary for the Law Department.
F. PROHIBITION AGAINST DISCRIMINATION
Pursuant to Indiana Code 22-9-1-10, Walter S. Chidester or any person
acting on behalf of Boston Bever Klinge Cross & Chidester shall not
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discriminate against any employee or applicant for employment to be
employed in the performance of this Agreement, with respect to hire,
tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion,
color, sex, disability, national origin, or ancestry.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor
in accordance with Indiana Code 22-5-1.7-11(a)(2), which Affidavit is
attached hereto and incorporated herein as Exhibit "A"; and
3. A purchase order has been issued by the Purchasing Department.
G. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM EQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor (one and the same person
as Attorney) is required to enroll in and verify the work eligibility status of
all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of
all newly hired employees of the contractor through the Indiana E-Verify
program if the Indiana E-Verify program no longer exists. Prior to the
performance of this Agreement, Contractor shall provide to the City its
signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event
Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy
the violation not later than thirty (30) days after the City notifies the
Contractor of the violation. If Contractor fails to remedy the violation
within the thirty (30) day period provided above, the City shall consider
the Contractor to be in breach of this Agreement and this Agreement will
be terminated. If the City determines that terminating this Agreement
would be detrimental to the public interest or public property, the City
may allow this Agreement to remain in effect until the City procures a
new contractor. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City
for actual damages.
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H. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor (one and the same person as
Attorney) certifies that Contractor is not engaged in investment activities in Iran.
In the event Board determines during the course of this Agreement that this
certification is no longer valid, Board shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond
to the written notice. In the event Contractor fails to demonstrate to the Board
that the Contractor has ceased investment activities in Iran within ninety (90)
days after the written notice is given to the Contractor, the Board may proceed
with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board
determines during the course of this Agreement that this certification is no longer
valid and said determination is not refuted by Contractor in the manner set forth
in IC 5-22-16.5, the Board reserves the right to consider the Contractor to be in
breach of this Agreement and terminate the agreement upon the expiration of the
ninety (90) day period set forth above.
In Witness Whereof, the parties execute this agreement as of the date first set forth above.
"CITY" "ATTORNEY"
City of Richmond, Indiana, through
its Board of Public Works & Safety
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By M/4(4:2� By -
Vicki Robinson, President Walter S. Chidester, Partner
BOSTON BEVER KLINGE CROSS & CHIDESTER
Approved by the Mayor this O day of January, 2016.
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Affidavit of Employment Eligibility Verification
The Contractor, Walter S. Chidester, affirms under the penalties of perjury that Contractor
does not knowingly employ an unauthorized alien. If Contractor is self-employed and does
not employ any employees, Contractor verifies he or she is a United States citizen or
qualified alien.
The Contractor has not knowingly employed or contracted with an unauthorized alien and
shall not retain an employee or contract with a person that the Contractor subsequently learns
is an unauthorized alien.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor has enrolled and is participating in the E-Verify program. The Contractor will
maintain this certification throughout the duration of the term of a contract with a
subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this eday of January, 2016.
Z:;�� -T-�
(signature)
Walter S. Chidester
(printed name)