HomeMy Public PortalAbout011-2023 - AJ's yearly contract for legal services AGREEMENT FOR LEGAL SERVICES
This Agreement is entered into effective the 1st day of January, 2023, by and between the
City of Richmond, Indiana,through its Richmond Sanitary District Board of Sanitary
Commissioners (hereafter "RSD") and the law firm of Boston Bever Forrest Cross &
Sickmann (hereafter "the Firm").
WITNESSETH:
WHEREAS, the RSD has the need to retain legal counsel to also provide advice, services,
and assistance to the RSD and 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
WI IEREAS, the parties believe that the Firm can provide the necessary advice, services
and assistance to RSI) 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 the Firm 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 ACiREEMEN E
This Agreement shall be effective beginning January 1, 2023, and ending
December 31, 2023, 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
(3(t) 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 live
(5) working days written notice specifying the effective date and the reasons
for termination which shall include but not be limited to the following:
a. failure, for any reason of the Firm to fulfill in a timely manner its
obligations under this Agreement;
b„ submission of a report, other work product, or advice, whether oral or
written, by the firm to the RS1) that is incorrect, incomplete, or does not
mcet reasonable professional standards in any material respect; and
c. unavailability of sufficient funds to make payment on this Agreement,
Contract No. II-2023
2
In the event of such termination, the R.S.1) shall he 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 he terminated by either the 16.1..) or the lirin, 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,the Firm shall
he paid the sum of 524,590.00, payable in the amount of $945.76
every two weeks for Twelve (12) hours of work in each two Nveek.
period for 26 pays, with said days of work to he determined by the
Firm. In the event this Agreement is terminated by either party prior
to December 31., 2023, as provided herein, ibis sum shall be pro-
rated to the date of termination. All invoices for services hereunder
shall be submitted by the Firm in the name of, and reported fbr state
and federal tax reporting purposes under the federal identification
number of, the law firm of Boston 'Bever Forrest Cross & Sickmatm,
of which Andrew J Sickmann is a partner.
1..)1...lTIES OF ENGAGEMEN'f
The 1 irm shall use Andrew J. Sickmann, a partner in the Firm, as its
attorney for representing the R..icluriond Sanitary '1„)i.strict of the City
of Richmond, Indiana. In the absence or unavailability of Andrew
Sickmann to represent the Richmond Sanitary District, a different
attorney in the 1 irni will be assigned, as available, to perform any.
necessary services hereunder during the primary partner's absence.
Additionally, Andrew J. Sickmann may, from time to time, assign.
certain duties to Kimberly Vessels, Assistant (...T,ity Attorney.
71 he Firm'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:for and on.
behalf of the RSD.
Other types of services may he performed by Attorney but will he at
additional Charges to 'R SD and riciit covered by the hi-weekly attorney pay
set tbrth in paragraph "13" above. Such services would include those
described in sub-paragraphs "a", "b" "c" and "d" below, with sub-
paragaphs "a" "b" and "c" shall be paid at the hourly rate of$200.00 per
hour and sub-paragraph "d" shall be paid at the hourly rate of S330M0 per
hour.
a) Provisions of services in matters of litigation or administrative hearings
wherein .R.SD is plaintiff or counter-plaintiff and seeks an affirmative
monetary recovery; PR(...)VI.DED FlOWEVER, 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 RS E).
b) Matters of litigation or administrative hearings in defense of .R.SD 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) Matters of contract disputes with Vendors or contractors that have a.
contract with the RSI).
d) Provision of services involved in the issuance of bonds, tax anticipation
warrants, general obligation bonds, 77F 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. EXCLUIJED SERVICES
The .following matters are excluded from the scope of legal services to be
provided by the I to 1...61..".) 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 ACiAINS'I: DISCRINTINATION
.Pursuant to Indiana Code 22-9-1-10,the I or any person acting on behalf
of the Firm shall not discriminate against any enaployee 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:
4
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-I.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.
MO MI MI=I=I MIMI=I MMMMMMMMM MN MN MMMMMMMMM MI
F. COMPHANCT WITI I INDIANA.E7VERIF,Y ,PRO(iRAM_KF,QUIRINIFN
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 h,-Verify program. Contractor is not required to verify the work
eligUlity status of all newly hired employees ofthe contractor through the Indiana
F,-Verify program if the Indiana F-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 not dies the Contractor of the violation. II 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 he detrimental to the public interest or public property, the City
may allow this Agreement to remain in effect until the City procures a new
con l actor. 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 (1ity for actual damages.
IRAN INVF,STIVIFN I' 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 retlited 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.
In Witness Whereof, the FiLirdes execute this tgreement is of the date lirst set forth above.
5
"Cl'IN" "CONTRACTOR"
The City of Richmond, Indiana, by and Boston Bever Forrest Cross 8,: Sickmann
through its Board of Sanitary
Commissioners
Andrew J. Sickmann
Sue Miller, President
Title: Partner
I ,,,,:„..5 / /,2- ) -)
f)ated:
Dated f 12 ( i 1. 3
11
c-- Ainan-BakrsTIT,'-cTice President
Dated:
lir
terIF, Member
r)ated:
1 1
Api)R(.)vi-A):
__a 1
,--
/--- i --Th
94a.v.u. i. Sno , Ma r
I)ated: 02- VI/
IA111111'1' "A"
^
h
`
Affidavit nf8(muy)uyrouot Eligibility Vwrifivadoo
Tbc C,ou0racioc the |uv 1-inn of' Boston Bever Forrest C,roou 8L Siukmmnn, by
SickInalDu partner and attorney of'the law firm, uMlrnnu Linder the penalties of' perjury that
Contractor does not knowingly unnploy' ou unuuihorized alien, lfCon1ruo1or is ucl('-employed
and does not employ any crnp|oycca, Contractor verifies he or she is o\Jui1cd S(n\eo citizen or
qualified ,then.
The Contractor has not knowingly employed orconUacbcd With un Unauthorized alien and sha||
not retain uo coTp|oyco orcontract with o person that tile Contractor subsequently learns isuu
unauthorized alien,
Thu Contractor buy required Contractor's subcontractors to certify to the Contractor that the
Subcontractor does not knowingly employ or contract with all Unauthorized alien and that tile
subcontractor has enrolled and is participating in the D-Vcrifv prog7uon. The Cnnkuclor */i|\
maintain this ceUiflivadon /hrougbout Ule duration ot' the \errn o[ o contract with s
subuonU-ucioc
i hereby verity undc 'urI that the fbrogwlng o1utcnocni is true.
Dated tbiu 6 day o OTl