HomeMy Public PortalAbout004-2012 - BBKCC - AGREEMENT FOR LEGAL SERVICEAGREEMENT FOR LEGAL SERVICES
This Agreement is entered into this 5th day of January, 2012, by and between the
City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter
"City") and Walter S. Chidester of the law firm of Boston Bever Klinge Cross &
Chidester (hereafter "Firm").
WITNES SETH:
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
WHEREAS, Mayor Sarah L. Hutton wishes to continue with the appointment of Walter
S. Chidester, a partner of Firm, as City Attorney for the year 2012; 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 Firm can provide the necessary services as City
Attorney as requested and authorized by Mayor Hutton; 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 Firm for the year 2012.
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 for the period of one year, beginning January 1,
2012, and ending at midnight December 31, 2012. Notwithstanding such
term, either party may terminate, for any reason, this Agreement prior to
such time, with sixty (60) days prior written notice.
B. COMPENSATION
Contract No. 4-2012
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1. In consideration for the services to be provided herein, Firm 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, 2012
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 Firm of which Walter S. Chidester is
a partner. The above stated consideration shall be in addition to
any reasonably incurred expenses that the Firm might advance on
behalf of City in the course of providing services hereunder.
2. The parties agree that any services provided by Firm for litigation
services, administrative hearings or for service rendered in
conjunction with any City Board or Department requiring work
which may be charged separately to a third party (e.g.: Private
Industry Bond Work with Economic Development Commission)
may be billed separately by Firm, against the City litigation budget
or against fees to be received by the City and/or Board. These
services shall be itemized by the hour and billed at the rate of One
Hundred Twenty Dollars ($120.00) 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, the board 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 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, the City
Clerk, City Departments, City Boards, or Richmond Power &
Light (a publicly owned utility governed independently of the
Mayor by Common Council members serving on the Board of
Directors thereof.).
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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 of Firm shall be performed by Walter S.
Chidester, other members of the Firm may be delegated to perform
certain work based upon their particular expertise or ability in a
given matter.
3. In the event Firm determines it 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
The following matters are excluded from the scope of legal services to be
provided by Firm to City pursuant to this Agreement. Certain types of
service are not intended to be performed by Firm pursuant to this
Agreement. These excluded services include those described in sub-
paragraphs "a," "b" and "e" below. Other types of services may be
performed by Attorneys but will be additional charges to City. Such
services would include those described in sub -paragraphs "c" and "d"
below. Such services as would be required under sub -paragraphs "c" and
"d", below would only be billed as additional charges to the City to the
extent that the time expended for the same exceeded the basic monthly
hours of 48 per month described in paragraph "C.2" above.
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 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.
c) Provision of services in those unique areas of law wherein neither the
City Attorney nor other members of Firm are competent to practice
(e.g. serving as opining bond counsel in matters such as those
described in sub -paragraph b, immediately above) or in matters
pending before tribunals or courts in which Firm attorneys are not
admitted to practice (e.g. as with litigation that might be brought in a
foreign state).
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d) Extra -ordinary matters of litigation in defense of the City or any of its
agencies wherein insurance carrier -provided counsel is not provided
to City.
e) Provisions of services in matters of litigation wherein City is plaintiff
or counter -plaintiff and seeks an affirmative monetary recovery;
PROVIDED HOWEVER, legal services in such matters would be by
the Firm on a contingent fee basis or as a matter of additional hourly
charges, at the election of the City.).
f) Provision of services in those matters wherein City Attorney and/or
all other members of the Firm 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.
E. OBLIGATIONS OF CITY TO PROVIDE SUPPORT SERVICES
City shall provide Firm the following support services and facilities to
better enable Firm 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
95 or a more recent version), 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, Firm or any person acting on behalf
of Firm 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
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3. A purchase order has been issued by the Purchasing Department.
G. 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.
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 Public Works & Safety
By S/S Vicki Robinson By
Vicki Robinson, President
"FIRM"
S/S Wakter S. Chidester
Walter S. Chidester, Partner
BOSTON BEVER KLINGE CROSS & CHIDESTER
Member
Member
Approved by the Mayor this day of January, 2012.
Sarah L. Hutton, Mayor