HomeMy Public PortalAbout147-2014 - Law - Boston Bever Cross Klinge Chidester - 2015AGREEMENT FOR LEGAL SERVICES
This Agreement is entered into this day of December, 2014, 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 "Attorney").
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 Sarah L. Hutton wishes to continue with the appointment of Walter
S. Chidester, a partner of Boston Bever Klinge Cross & Chidester, as City
Attorney for the year 2015; 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 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 Attorney for the year
2015.
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 January 1, 2015, and ending at midnight
December 31, 2015. Notwithstanding such term, either party may
terminate, for any reason, this Agreement prior to such time, with sixty
(60) days prior written notice.
Contract # 147-2014
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B. COMPENSATION
1. In consideration for the services to be provided herein, Attorney
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, 2015 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 Walter S. Chidester 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.
2. The parties agree that any services provided by Attorney for
litigation services and/or administrative hearings rendered in
conjunction with any City Board, City Department, the Mayor,
Common Council or Richmond Power & Light, or for services
rendered in conjunction with any City Board, City Department, the
Mayor, Common Council or Richmond Power & Light, may be
billed separately by Attorney, 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 Fifty Dollars ($150.00) 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, City Departments, City Boards, or Richmond Power & Light.
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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 shall be performed by Walter S. Chidester,
other members of Boston Bever Klinge Cross & Chidester may be
delegated by Walter S. Chidester 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 (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 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 Boston Bever Klinge Cross &
Chidester 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 Boston Bever Klinge Cross & Chidester 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. Such services would include those described in
sub -paragraphs "d","e" and "f " below.
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d) 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
Attorney on a contingent fee basis or as a matter of additional hourly
charges, at the election of the City.
e) Matters of litigation 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, 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
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, Walter S. Chidester 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 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;
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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 EQUIREMENTS
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
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
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breach of this Agreement and terminate the agreement upon the expiration of the
ninety (90) day period set forth above.
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
By By
Vicki Robinson, President Walter S. Chidester, Partner
y- 4, w OSTON BEVER KLINGE CROSS & CHIDESTER
em r
n
Member
Approved by the Mayor this day of December, 2014.
6 �-f qz�z �--n,
Sarah L. Hutton, Mayor
Affidavit of Employment Eligibility Verification
The Contractor, Walter S. Chidester, 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 3 day of December, 2014.
(signature)
_Walter S. Chidester
(printed name)
EXHIBIT "A"