HomeMy Public PortalAbout194-2018 - Sanitation - BBKCC - Walt Chidester - 2019AGREEMENT FOR LEGAL SERVICES
This Agreement is entered into this day of January, 2019, by and between the
City of Richmond, Indiana, through its Richmond Sanitary District Board of
Sanitary Commissioners (hereafter "RSD") and Walter S. Chidester (hereinafter
"Attorney") of the law firm of Boston Bever Klinge Cross & Chidester (hereafter "the
Firm").
WITNESSETH:
WHEREAS, the RSD has the need, in addition to legal assistance provided by the City
Attorney, to retain additional legal counsel to also provide advice,
services, and assistance to the RSD and also to its management staff
employees; and
WHEREAS, the Indiana Code and Richmond Code authorize the direct purchase of
legal services without competitive bidding or other process; and
WHEREAS, the parties believe that Attorney can provide the necessary advice, services
and assistance to RSD and its management staff employees; and
WHEREAS, the City, through its Board of Sanitary Commissioners, desires to enter
into a contract for the purchase of legal services from Attorney as set forth
below.
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 shall be effective beginning January 1, 2019, and ending
December 31, 2019, and may be extended by mutual agreement on a
period to be subsequently determined. Notwithstanding such term, either
party may terminate, for any reason, this Agreement prior to such time,
with thirty (30) days prior written notice.
Notwithstanding the term of this Agreement, RSD may terminate this
Agreement in whole or in part, for cause, at any time by giving at least
five (5) working days written notice specifying the effective date and the
reasons for termination which shall include but not be limited to the
following:
Contract No.194 -2018
2
a. failure, for any reason of Attorney to fulfill in a timely manner her
obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or
written, by Attorney to the RSD that is incorrect, incomplete, or does not
meet reasonable professional standards in any material respect;
c. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the RSD shall be required to make
payment for all work performed prior to the date this Agreement is
terminated, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated by either the RSD or Attorney, in
whole or in part, by mutual Agreement setting forth the reasons for such
termination, the effective date, and in the case of partial termination, the
portion to be terminated.
B. COMPENSATION
In consideration for the services to be provided herein, Attorney
shall be paid the sum of Twenty -Three Thousand One Hundred
Seventy -Eight Dollars and no cents ($23,178.00), payable in the
amount of Eight Hundred Ninety -Seven Dollars and no cents
($891.00) every two weeks for Twelve (12) hours of work'in each
two week period, with said days of work to be determined by
Attorney. In the event this Agreement is terminated by either party
prior to December 31, 2019, as provided herein, this sum shall be
pro -rated to the date of termination. All invoices for services
hereunder shall be submitted by 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.
C. DUTIES OF ENGAGEMENT
Chidester shall serve as an attorney in the City of Richmond's
Department of Law for RSD.
Attorney's work shall include, but not be limited to, contract work,
employment agreements, real estate matters, consultation with
RSD management staff officials, legal research, drafting and
preparing ordinances, agreements and contracts, giving legal
advice on RSD and/or City of Richmond matters and any other
3
matters that Attorney chooses to undertake. Attorney will handle
legal matters of the RSD not handled by the City Attorney.
Other types of services may be performed by Attorney but will be at
additional charges to RSD and not covered by the bi-weekly attorney pay
set forth in paragraph "B" above. Such services would include those
described in sub -paragraphs "a", "b" and "c" below, with sub -paragraphs
"a" and "b" shall be paid at the hourly rate of $150.00 per hour and sub-
paragraph "c" shall be paid at the hourly rate of $250.00 per hour.
a) Provisions of services in matters of litigation or administrative
hearings wherein RSD 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
RSD.
b) Matters of litigation or administrative hearings in defense of RSD or
any of its agencies wherein insurance carrier -provided counsel is not
provided to RSD or in which Attorney is consulted with, and/or works
with, insurance carrier -provided counsel.
c) Provision of services involved in the issuance of bonds, tax
anticipation warrants, general obligation bonds, TIF bonds, or other
such bonds or 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.
D. EXCLUDED SERVICES
The following matters are excluded from the scope of legal services to be
provided by Attorney to RSD pursuant to this Agreement.
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).
E. PROHIBITION AGAINST DISCRIMINATION
Pursuant to Indiana Code 22-9-1-10, Chidester or any person acting on
behalf of Attorney shall not 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.
4
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.
F. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM EOUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor 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.
G. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor 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
5
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"
City of Richmond, Indiana, through
its Board of Sanitary Commissioners
By JZ-Z1
Sue Miller, President
an Bal ice President
,ff4 s, Member
Dated: January p , 2019
.P •I
a.Sw
Dated: January ( 0 , 2019
"ATTORNEY"
By
Walter S. Chidester
Attorney No. 3210-89
BOSTON BEVER KLINGE CROSS & CHIDESTER
Z
EXHIBIT "A"
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 QAday of December, 2018.
(signature)
Walter S. Chidester
(printed name)