Loading...
HomeMy WebLinkAboutCity Council Attorney - 2008Contract For Legal Services This Indenture Witnesseth That: The Jeffersonville City Council (hereinafter "Council") pursuant to Indiana Code, does hereby enter into the following contract for legal services; Whereas, in order to insure that the City Council's legal needs are met in a competent manner the mayor shall enter into the following contract for legal services with Larry 0. Wilder, attorney, for the purpose of providing legal advice in those areas wherein said attorney's legal experience applies. Wherefore, the parties enter into the following agreement: A. Financial Terms: The attorney shall provide legal counsel for the City Council and shall charge at the rate of One Hundred Dollars ($100) per hour. The attorney shall be paid a retainer fee in the sum of One Thousand Dollars ($1,000) each month. This IS NOT anon-refundable retainer fee. This retainer fee shall serve to pay for Ten (10) hours of legal service. The attorney shall be responsible for submitting an itemized billing statement each month that sets out fully and completely each task that the attorney has performed and of which the attorney requests payment. If the attorney does not perform Ten (10) hours of legal service in a given month those hours not worked shall "roll-over" to the next month. The attorney's hours shall "roll-over" each month thereby creating a "bank" of hours that the attorney shall be obligated to perform on behalf of the city. IF, AT THE END OF THE CONTRACT, THE ATTORNEY HAS A "BANK" OF HOURS WHEREIN SERVICES ARE OWED TO THE CITY, SAID ATTORNEY SHALL BE OBLIGATED TO REPAY THE CITY ANY MONIES PAID FOR LEGAL WORK THAT HAS NOT BEEN PERFORMED. The attorney shall be responsible for all costs and expenses associated with providing representation. This shall include the cost of his or her legal staff, taxes, any and all "over-head" that is commonly associated with the practice of law. The City shall pay postage and court costs accrued by the attorney in the course of the attorney's representation of the City. The City shall provide access to online legal research if the attorney requires same. However, any other costs shall be the responsibility of the attorney. The attorney shall not charge the city for "soft hours". It is the expectation of the city that each attorney shall be competent in the area wherein he or she shall serve the city's interest. The city will pay the attorney for legal work performed by the attorney. The city shall not pay for administrative work, time spent in social gatherings with elected officials or city employees or city department heads and any and all other "non-legal" activity. B. Legal Malpractice Insurance Coverage: The attorney shall be responsible for maintaining his or her own legal malpractice insurance. The attorney is an independent contractor. The city shall maintain professional liability insurance however, the attorney Page 1 of 3 shall also obtain professional liability insurance and the attorney shall provide a written statement to the city setting forth the name of his or her carrier and the attorney shall provide a letter or document substantiating the coverage and the attorney's limits of liability. C. Fiduciary Duty: The attorney shall be employed by the City Council pursuant to those Indiana statutes as set forth herein. The attorney's fiduciary duty is owed to the City Council by virtue of those statutes. However, the City Council acknowledges that the attorney has also been retained by the mayor to represent the City in litigation matters. The City Council agrees that this representation is advantageous to the City and does not consider this a conflict so long as both the mayor and City Council advocate the same position in said litigation. 3. The City Council instructs the attorney to cooperate, communicate and share information with the members of the Jeffersonville City government. The only exception to this shall be in matters wherein the City Council and the mayor have an identifiable dispute as to a particular matter. In those instances, and for those issues alone, the attorney shall inform the mayor that he or she cannot impart information and the attorney shall be obliged to explain. The attorney shall not be precluded from representing criminal clients in matters before the Jeffersonville City Court. The attorney shall not be precluded from representing clients in matters wherein the Jeffersonville Police Department its members and/or employees may be witnesses and/or may have engaged investigatory procedures consistent with their profession. 5. An attorney shall be subject to any and all terms of the City's ethics ordinance. An attorney or any of his or her partner's or associates shall be prohibited from representing an individual, company or other entity in matters before any Board or body of the City wherein said representation is adverse to the City. This shall mean that an attorney andlor his partner shall be prohibited from representing clients in matters adverse to the Zoning Board, Board of Zoning Appeals, Redevelopment, Board of Public Works and any other Board created by statute, ordinance or common law. IF AT ANY TIME AN ATTORNEY SHALL REPRESENT A CLIENT IN A MATTER BEFORE A BOARD THAT IS NOT ADVERSE TO THE CITY, THE ATTORNEY SHALL INFORM THE BOARD AND ITS MEMBERS THAT THE ATTORNEY IS AN INDEPENDENT CONTRACTOR EMPLOYED BY THE CITY. THIS DISCLOSURE SHALL TAKE PLACE PRIOR TO THE COMMENCEMENT OF THE REPRESENTATION BY THE ATTORNEY. The mayor and the council shall have the authority to waive any potential conflict as between the attorney and the city. The waiver shall be in writing and both the mayor and the council must agree to waive said potential conflict. The waiver shall be obtained prior to the commencement of representation. D. Bond Counsel: From time to time the City has secured financial bonds to develop and pay for various projects necessary for the growth and development of the city. 2. It is the practice of the City to hire "outside" legal counsel to prepare said bonds and to undertake all of Page 2 of 3 Peggy Wilder Jeffersonville City Clerk-Treasurer those steps necessary to insure that the bond procedure is followed correctly. 3. The intent and purpose of hiring outside bond counsel is to secure an expertise in an very particularized field of law. Moreover, the intent of hiring outside bond counsel is to "spread the risk" of liability if bond counsel fails to perform its duties correctly. If it is deemed necessary by outside bond counsel that "local counsel" is needed bond counsel shall provide a written request to the City setting forth the reasons that outside counsel desires such assistance. The letter shall set forth the full scope of the duties that local counsel is expected to undertake as well as an estimate of the time and expense associated therewith. Local counsel shall be paid at the rate of One Hundred Dollars ($100) per hour and any payment made thereto shall be paid from the bond. Local counsel shall not be paid from monies from the local general fund. LOCAL BOND COUNSEL IS DISCOURAGED. LOCAL BOND COUNSEL SHALL ONLY EXIST IF SO DESIGNATED BY OUTSIDE BOND COUNSEL AND/OR THE FINANCING PROJECT CREATED IS OVER-SEEN BY A HOLDING CORPORATION OR OTHER ENTITY THAT MANDATES THE PRESENCE OF LOCAL LEGAL COUNSEL. IF -T IS DETERMINED THAT LOCAL BOND COUNSEL IS NECESSARY SAID LOCAL COUNSEL SHALL SUBMIT HIS OR HER HOURLY BILLING STATEMENT TO THE EXECUTIVE, LEGISLATIVE AND FISCAL BODY OF THE CITY ON A MONTHLY BASIS. E. Term of This Agreement: The attorney shall be employed at the will of the City Council. This agreement can be terminated at any time by the City Council. 2. The attorney shall be entitle~to terminate this agreement at any time. So Agreed to on this ~ r day of January, 2008. Attest: '~' L~-~~~ Peggy Wilder Jeffersonville City Clerk-Treasurer Page 3 of 3 / _. Ed Zastawny, President ~' Jeffersonville City Courfl