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Home My Public Portal About046-2015 - Engineering - Yasman L. Stump Law Group, PC - Manor Drive legal proceeding - See Resolution 5-2015Project Manor Extension Contract No. 4 F- 2 o 1 5 CONTRACT FOR LEGAL 1 SERVICES ` THIS AGREEMENT, entered into this �*day of April, 2015 by and between the Yasmin L. Stump Law Group, PC (hereafter "Law Firm"), and the City of Richmond, Indiana, by and through its Board of Public Works and Safety (hereafter "City" or "Board of Public Works and Safety"). WTINESSETH THAT: The parties hereto mutually agree as follows: 1. Employment of Law Firm. The Board of Public Works and Safety agree to engage the Law Firm, and the Law Firm hereby agrees to perform the services designated in this contract on Manor Drive Extension Project. 2. Scope of Service. The Law Firm shall do, perform and carry out in a good and professional manner the legal services of contract attorneys, which legal services are to include, but are not limited to: advising the Board of Public Works and Safety on pre -condemnation and condemnation matters; assistance with and representation in relocation proceedings; reviewing, preparing, advising and/or coordinating pre -condemnation land acquisition procedures; making judgment on all actions to be taken regarding condemnation proceedings; preparing, filing and handling condemnation cases; and representing the Board of Public Works and Safety as its legal representatives in condemnation trial proceedings. A. The Law Firm shall provide legal services and represent the legal interests of the Board of Public Works and Safety, acting through its duly authorized representatives. B. The Law Firm shall devote such hours as are necessary to perform the above -noted services. C. The Law Firm shall exercise independent legal judgment to act in the best interests of the Board of Public Safety. D. The Law Firm shall submit quarterly invoices for its services, which indicate the date of service, nature of service, and the hours performed by the tenths of an hour. However, the minimum billing increment is two -tenths of an hour. E. The Board of Public Works and Safety agrees to pay the Law Firm in full within thirty (30) days of the date of each invoice submitted by the Law Firm. 3. Time of Performance. The services performed hereunder by the Law Firm shall be undertaken and completed in such sequence as to assure its expeditious completion and best carry out the purposes of this contract. 4. Compensation. A. The Board of Public Works and Safety agrees to pay the Law Firm for services required herein at the following rates: Two Hundred Twenty-five Dollars ($225.00) per hour for Yasmin L. Stump; One hundred Ninety-five Dollars ($195.00) per hour for associate attorney's services; and Seventy-five Dollars ($75.00) per hour for paralegal services. 2 B. The Board of Public Works and Safety also agrees to reimburse the Law Firm for any travel, at the rate of four-four cents ($0.44) per mile, and lodging. C. In addition to such compensation and reimbursement for travel and lodging, the Board of Public works and Safety shall pay any and all reasonable expenses directly incurred by the Law Firm on behalf of the Board of Public Works and Safety. 5. Termination of Agreement. Either Party may terminate this agreement, with or without cause, by giving thirty (30) days written notice to the other party other and specifying the effective date of the termination. 6. Board of Public Works and Safety not Obligated to Third Parties. The Board of Public Works and Safety shall not be obligated or liable hereunder to any party other than the Law Firm. 7. Personnel. The Law Firm represents that is has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees or have a contractual relationship with the Board of Public Works and Safety. All of the services required under this contract will be performed by the Law Firm or under its direction, and all personnel engaged in the work shall be fully qualified to perform such services. 8. Equal Opportunity and Affirmative Action. The Law Firm agrees to comply with all Board of Public Works and Safety's policies on equal opportunity and affirmative action. 9. Conflict of Interest. The Law Firms agrees to comply with the following provisions concerning conflicts of interest: 3 The Board of Public Works and Safety has the right to prohibit activity it in conflict of interest with Board of Public Works and Safety's B. The Law Firm shall not represent any person, partnership or corporation of any type in any manner in or out of court in a proceeding, claim or action where the legal services provided for the client seeks in part legal redress against the Board of Public Works and Safety, the City's elected officials, the City's appointed officials, employees, departments, agencies or agents. The Law Firm shall enroll in and verify the work eligibility status of all newly hired employees of the Law Firm through E-Verify program. The Law Firm is not required to verify the work eligibility status of all newly -hired employees of the Law Firm through the E-Verify program if the E-Verify program no 11. Iran Investment Activities. Pursuant to Indiana Code (IC) 5-22-16.5, Law Firm certifies that it is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Law Firm in writing of said determination and shall give Law Firm ninety (90) days within which to respond to the written notice. In the event Law Firm fails to demonstrate to the City that the Law Firm has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Law Firm, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Law Firm in the manner set forth in IC 5-22- 16.5, the City reserves the right to consider the Law Firm to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. 11. Miscellaneous Provisions. A. This agreement represents the entire understanding between the parties, and modifications of this agreement shall not be effective unless reduce to writing and signed by all parties. In the event any portion or portions of this agreement are found to be void or voidable, such portions shall be stricken and the remaining portions of the agreement shall be enforceable. B. The Law Firm may not subcontract any part of the work covered herein without prior written consent of the Board of Public Works and Safety. C. The Law Firm shall be personally responsible for paying any fines or sanction penalties, which any judge or administrative board orders the Law Firm to personally pay by reason of actions of the Law Firm in violation of applicable procedural rules, the rule of professional conduct or rules of administrative entities. D. The Law Firm shall be deemed an independent Contractor and not an employee of the Board of Public Works and Safety and shall not file any claim under Workers Compensation or Occupational Disease against the Board of Public Works and Safety for any injury or disease arising from the performance of this contract. 5 E. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. 12. Notice. Any notice, bills, invoices, or reports required by this agreement shall be sufficient if sent by the parties hereto by U.S. certified mail, return receipt requested, or by commercial carrier to the addresses below: Greg Stiens Director of Public Works and Engineering City of Richmond 50 North 5`h Street Richmond, IN 47374 Yasmin L. Stump YASMIN L. STUMP LAW GROUP PC Pennwood Office Park, Suite 101 11495 North Pennsylvania Street Carmel, IN 46032 13. Applicable Law. This Contract shall be governed by the laws of the State of Indiana. 14. Severability. In the event on ore more of the provisions contained in this Contract or any application thereof shall be declared invalid, illegal or unenforceable in any respect, such determination shall not affect the continued validity, legality, and enforceability of the remaining provisions contained herein, and any other applications thereof shall not in any way be affected or impaired thereby. 15. Amendment. The terms and conditions of this Contract shall only be modified or amended by agreement of the parties in writing. [The remainder of this page intentionally left blank.] 3 IN WITNESS WHEREOF, the City of Richmond, Indiana by and through its Board of Public Works and Safety, and the Yasmin L. Stump Law Group, PC have executed this agreement as of the date hereinabove set forth. a in L. Stump, President and SecrTP YASMIN L. STUMP LAW GROUP, Board of Public Works and Safety: q/ �k - M5� Vicki Robinson, President Date: / — %/,ir --N��' gQlldk APPROVED: Sarah L. Hutton, Mayor Date: 7