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Home My Public Portal AboutAddendum No. 1 to Contract No. 204-2017 - Law - A. J. Sickman - Legal Services - 2018ADDENDUM TO CONTRACT NUMBER 204-2017 This Addendum (Number 1 to Contract Number 204-2017) is made and entered into this day of ` IM-e , 2018, by and between Richmond, Indiana, a municipal corporation acting through its Board of Public Works and Safety with its office at 50 North 51h Street, Richmond, IN 47374 (hereinafter referred to as "City"), and Andrew J. Sickmann (hereinafter "Attorney") a partner in the law Firm of BBKCC, Attorneys, 27 N. 8t' Street, Richmond, IN 47374. WHEREAS, City and Attorney entered into Contract Number 204-2017 on December 7, 2017 which provides that Mayor David M. Snow wishes to appoint Attorney as the City Attorney for the year 2018, supported by other members of his Firm, as necessary, for the provision of services to City in accordance with the terms and conditions of the Contract; and WHEREAS, City wishes to retain Attorney for additional services not provided for within the duties of engagement within Contract Number 204-2017, nor contemplated by any other types of services which would be billed by separate hourly rate as opposed to the retainer amount set forth in Paragraph 131 of the same; and WHEREAS, City has heretofore entered into certain agreements with the Indiana Housing Community Development Authority (hereinafter, "IHCDA") relative to what is commonly referred to as the Blight Elimination Program (hereinafter, "BEP"), which includes program partners, the purpose of which is to award City an allocation of BEP funds, in conjunction with its designated program partners, to acquire and demolish residential blighted structures and facilitate an end use of the newly vacant residential lots; and WHEREAS, City is required, pursuant to the above -referenced IHCDA agreement to acquire title to any properties which is intends to demolish pursuant to the same. Certain of the properties subject to the IHCDA agreement are acquired through tax sales facilitated by the Wayne County, Indiana Government, which requires City to secure title searches, and to quiet the titles to such properties through a court of competent jurisdiction; and WHEREAS, City has determined that there exists a substantial number of properties, the titles to which will need to be quieted in order to secure fee simple ownership so that City may proceed with demolition of the same; and WHEREAS, City desires to retain Attorney to prosecute all necessary quiet title actions relative to the IHCDA agreement subject to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Attorney hereby agree as follows: 1. City and Attorney executed and entered into Contract Number 204-2017 on December 7, 2017. 2. City now desires to retain the services of Attorney to quiet titles to any and all remaining properties (hereinafter, "Subject Properties") which require such court intervention pursuant to the above -referenced ICHDA agreements. Addendum No. 1 to Contract No. 204-2017 3. Attorney agrees to review any and all existing title searches associated with the Subject Properties, and City agrees to order and provide any additional necessary title searches at the discretion of Attorney so as to permit Attorney to adequately tender appropriate notice for the purpose of pursuing the quiet title complaints relative to the Subject Properties. 4. Attorney will draft any necessary pleadings, notices, and proposed orders, and file the same with the courts of competent jurisdiction so as to effectuate the terms and conditions of this Agreement. 5. Attorney shall be compensated on a "flat fee" basis for every title quiet complaint which he files with a court of competent jurisdiction and will prosecute such complaints for the purpose of securing an order quieting titles of all Subject Properties. 6. City shall compensate Attorney in the sum of $1,250.00 for each quiet title that Attorney files pursuant to this Addendum. Attorney shall be responsible for the payment of court costs, publication fees, and any other necessary expenses pertaining to the quiet title actions subject to the terms set forth in Paragraph Seven (7), below. City shall pay for all costs associated with any title searches and any fees related thereto, which includes deed preparation. 7. In the event that any single quiet title action includes any fees referenced in Paragraph Six (6) in excess of $250.00, City agrees to reimburse Attorney for such excess expenses in 2019 upon Attorney tendering an invoice setting forth such excess fees. For example, if a particular quiet title action generates court cost and publication fees in the sum of $350.00, City would reimburse Attorney the sum of $100.00. 8. Attorney agrees to file all quiet title actions directed by the City on or before December 31, 2018. These actions need not be disposed on or before the foregoing date, however. 9. This Addendum shall be construed as a "personal services contract" as contemplated by I.C. §5-10-8-1(1)(C). 10. 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 Attorney and after consultation with the Mayor. 11. Attorney shall invoice City for all quiet title actions which are subject to this Addendum on or before July 31, 2018. City agrees to satisfy such invoices regardless of whether all quiet title actions which Attorney will prosecute hereunder have been filed by the date of the submission of the invoice. City agrees to remit payment for any invoice(s) within sixty (60) days of receipt of the same. 12. In the event that City pays for any services contemplated herein and Attorney later determines that he is unable to perform any such services for reasons stated above, Attorney shall reimburse City for such payment(s). 13. City may, in its sole discretion choose the number of quiet title actions it requests that Attorney process, subject to Paragraph fifteen (15) below, which may be more or less than any approximated number which the City has heretofore identified. 14. Attorney shall not be required to process more than one hundred (100) quiet title actions on or before December 31, 2018 unless Attorney specifically agrees to the same. 15. Attorney makes no express guarantee as to the outcome of any proceedings initiated as a result of this Addendum, and City acknowledges and agrees that compensation for Attorney's services herein shall not be contingent on any particular outcome or disposition of any cause; however, Attorney is expected, to the extent permitted by law and the Rules of Professional conduct governing attorneys, to file all necessary quiet title complaints, and to prosecute the same, so as to carry out the terms and conditions of this Addendum. 16. City and Attorney expressly agree that all other terms, conditions, and covenants contained in Contract No. 204-2017, shall continue to be of full force and effect unless any such term, condition, or covenant contained therein shall conflict with this Addendum No. 1, in which case this Addendum shall be controlling. In Witness Whereof, the parties execute this Addendum as of the date first set forth above. "CITY" City of Richmond, Indiana, through its Board of Public Works & Safety By Vicki Robinson, President By Richard oorQ, Member Im "ATTORNEY" BBKCC, Attorneys By Andrew J. Sickmann, Attorney Approved by the Mayor this day of -7�J A C 92018. avid 1 — Sn6w;1v City of Richmond,