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HomeMy Public PortalAbout165-2020 - Law - BBFCS - A.J. Sickmann ContractAGREEMENT FOR LEGAL SERVICES This Agreement is entered into this day of December, 2020, by and between the City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter "City") and Andrew J. Sickmann (hereinafter "Attorney") partner in the Boston Bever Forrest Cross & Sickmann Law Firm (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. Sickmann, a partner of the Firm, as City Attorney for the year 2021, 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 WBEREAS, 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 WIIEREAS, 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 2021. 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, 2021, and ending at midnight on December 31, 2021. Notwithstanding such term, either party may terminate, for any reason, this Agreement prior to such time, with sixty (60) days prior written notice. Contract No. 165-2020 2 B. COMPENSATION 1. In consideration for the services to be provided herein, Attorney shall be paid the sum of Forty-six thousand Three Hundred Six Dollars and 86/100 ($46,306.86), payable in eleven (11) monthly installments of Three Thousand Eight Hundred Fifty-eight Dollars and 90/100 ($3,858.90) each and one (1) monthly installment of Three Thousand Eight Hundred Fifty-eight Dollars and 96/100 ($3,858.96). In the event this Agreement is terminated prior to December 31, 2021 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 Forrest Cross & Sickmann. 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 3 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 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 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 Andrew J. Sickmann, other partners or associates of Boston Bever Forrest Cross & Sickmann may be delegated by Andrew J. Sickmann to perform certain work based upon their particular expertise or ability in a given matter. 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. b) Provision of services in those matters wherein City Attorney and/or all other members of Boston Bever Forrest Cross & Sickmann 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 described in sub -paragraph "f" below) or in matters pending before tribunals or Gd 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.l 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) A reserved parking space in the City's parking lot; d) Use and support of an office assistant for the Law Department. F. PROHIBITION AGAINST DISCRIMINATION Pursuant to Indiana Code 22-9-1-10, Andrew J. Sickmann or any person acting on behalf of Boston Bever Forrest Cross & Sickmann 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. 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 REQUIREMENTS 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. 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 Byg 6 0', - , President Andrew J. Sic arm, Partner BBFCS, Attorneys Member Member Approved by the Mayor this �_ day of December, 2020. 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 subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this day of December, 2020. sign i re) Andrew J. Sickmann