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Home My Public Portal About020-2013 - Law - Kenyatta Cox - Legal ServicesAGREEMENT FOR LEGAL SERVICES This Agreement is entered into this day of February, 2013, by and between the City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter "City") and Kenyatta P. Cox (hereafter "Cox"). WITNES SETH: WHEREAS, the CITY 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 CITY, including Richmond Power & Light (RP&L), and also to its management staff employees; and WHEREAS, the parties believe that Cox can provide the necessary services to CITY. RP&L and its management staff employees; and WHEREAS, the City, through its Board of Public Works & Safety, desires to enter into a contract for the purchase of legal services from Cox 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 for a period beginning February 4, 2013, and ending December 31, 2013, 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 fourteen (14) days prior written notice. Notwithstanding the term of this Agreement, CITY 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: a. failure, for any reason of Cox 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 Cox to the CITY 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. Contract # 20-2013 OA In the event of such termination, the CITY 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 at any time by either the CITY or Cox, 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, Cox shall be paid the sum of Eight Hundred Forty Dollars ($840.00) every two (2) weeks for Twenty -Four (24) hours of work in each two week period, with said days of work to be determined by Cox. In the event this Agreement is terminated by either party prior to December 31, 2013, as provided herein, this sum shall be pro -rated to the date of termination. All invoices for services hereunder shall be submitted by Cox in the name of Cox, and reported for state and federal tax reporting purposes under the federal tax identification number of Cox. C. DUTIES OF ENGAGEMENT Cox shall serve as an attorney in the Department of Law for the CITY, with her primary focus to be upon the work of Richmond Power & Light (RP&L). Cox's work shall include, but not be limited to, contract work, employment agreements, real estate matters, consultation with CITY management staff officials, legal research, drafting and preparing ordinances, agreements and contracts, giving legal advice on CITY, RP&L and/or City of Richmond matters and any other matters that Cox choose to undertake. Cox will handle legal matters of the CITY and RP&L not handled by the City Attorney. D. EXCLUDED SERVICES The following matters are excluded from the scope of legal services to be provided by Cox to City pursuant to this Agreement. a) Provision of services in those unique areas of law wherein neither the City Attorney nor other attorneys of City's Law Department are competent to practice (e.g. serving as opining bond counsel) or in matters pending before tribunals or courts in which attorneys of City's Law Department are not admitted to practice (e.g. as with litigation that might be brought in a foreign state). b) 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, Cox or any person acting on behalf of Cox 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. F. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM EQUIREMENTS 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) El 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" "COX" City of Richmond, Indiana, through its Board of Public Works & Safety ''�� t By r�;� ° L Vicki Robinson, President "Ke. Cox A�TamhAr Approved by the Mayor this day of February, 2013. Sarah L. Hutton, Mayor Affidavit of Employment Eligibility Verification The Contractor, �- affirms under the penalties ofperjury tha t Contractor does not Qowinjly 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. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. 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 91-11 day ofRh4mkL,�, 20—N. (si a ) r (printe name)