HomeMy Public PortalAbout168-2018 - AJ SICKMAN-BOSTON BEVERAGREEMENT FOR LEGAL SERVICES
This Agreement is entered into this day of November, 2018, by and between the
City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter
"City") and Andrew J. Sickmann (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 Andrew J. Siclunann, a partner of
the .Firm, as City Attorney for the year 2019, 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 2018.
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, 2019, and
ending at midnight on December 31, 2019. Notwithstanding such term,
either party may terminate, for any reason, tlus Agreement prior to such
time, with sixty (60) days prior written notice.
Contract No. 168-2018
B. COMPENSATION
1. In consideration for the services to be provided herein, Attorney
shall be paid the sum of Forty -Five Thousand Three Hundred
Ninety -Eight Dollars and 89/100 ($45,398.89), payable in monthly
installments of Three Thousand Seven Hundred Eighty-three
Dollars and 24/100 ($3,783.24) each. In the event this Agreement is
terminated prior to December 31, 2019 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 Andrew J.
Sickmann 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. City shall further provide Attorney with a health
insurance package with said package consisting of that which is
offered to City's employees (exclusive of term life insurance and
long term disability insurance). Attorney shall have the option from
choosing among the plans offered by the City, which includes a
family plan, or to decline coverage entirely. Attorney shall be
responsible for that portion of the premium for which all other City
employees are responsible. This agreement shall be construed as a
"personal services contract'' as contemplated by I.C. 5-10-8-1(1)(C).
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. Andrew J. Sickmann, as City Attorney, shall serve as head of the
Department of Law for the City. In such capacity, Andrew J. Sickmann
shall, among other things, attend meetings of the Common Council,
meetings of the Board of Directors of Richmond Power and Light and
Contract No. 168-2018
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. The City Attorney and the Assistant City
Attorney, or any attorney or paralegal contracted by the City of
Richmond, shall perform 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 Andrew J. Sickmann 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 AndrewJ.Sickmann, other partners or
associates of Boston Bever Klinge Cross & Chidester may be delegated
by Andrew J. Sickmann to perform certain work based upon their
particular expertise or ability in a given matter. It is understood and
agreed that Walter S. Chidester, 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
Andrew J. Sickmann.
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
Contract No. 168-2018
4
governing attorneys engaged in the practice of Iaw 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 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 a party; 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) A reserved parking space in the City's parking lot;
d) Use and support of an Administrative Assistant for the Law
Department.
F. PROHIBITION AGAINST DISCRIMINATION
Contract No. 168-2018
Pursuant to Indiana Code 22-9-1-10, Andrew J. Sickmann or any person
acting on behalf of Boston Bever Klinge Cross & Chidester shall not
discriminate against any employee or applicant for employment to be
employed in the performance ofthis 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.
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr a rrrrrrrrrrrrrrrrrr�
G. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM EOUIREMENTS
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.
H. *IRAN INVESTMENT ACTIVITIES
Contract No. 168-2018
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.
Contract No. 168-2018
In Witness Whereof; the parties execute this agreement as of the date first set forth above.
"CITY" "ATTORNEY"
City of Riclunond, Indiana, through
its Board of Public Works & Safety
By Vclu' B L
Z
Vicki Robinson, President Andrew J. Sickmann, Partner
BOSTON BEVER KLINGE CROSS & CHIDESTER
C_3j.chaui. Fo r ember
E i y Palme , Member
Approved by the Mayor. this ( R day of November, 2018.
QDuvrd-Nf. Snow, ayor
City of Richmond, Indiana
Contract No. 168-2018
EXHIBIT "A"
Affidavit of Employment Eligibility Verification
The Contractor, Andrew J. Sickmann, 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
ZD
subcontractor.
I hereby verify,und r-the penalty of perjury that the foregoing statement is true.
Dated this � day of-Nxiher, 2018.
(signature)
(printed name)
1EXHIBIT -r-
PAGE j