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HomeMy WebLinkAboutLegal Services - Gregory ClarkCONTRACT FOR LEGAL SERVICES This Indenture Witnesseth That: pursuant to Indiana Code § 36-8 3.5 et. seq., the City of Jeffersonville has established a fire merit system for its fire department to oversee the hiring, promotions, and disciplinary decisions within the City of Jeffersonville Fire Department. Whereas, the City of Jeffersonville Fire Merit Commission ("Commission') wishes to retain legal representation for a variety of its needs. Whereas, in order to ensure that the Commissions legal needs are met in a competent mariner, the Commission desires to enter into the following contract for legal services with Gregory R. Clark ("Clark"), attorney at law. WHEREFORE, the parties enter into the following agreement: A. Financial Terms 1. Clark shall provide legal counsel for the Commission and shall charge at the rate of One Hundred Dollars ($100.00) per hour. 2. Clark shall be responsible for all costs and expenses associating with providing representation. This shall include the costs of his legal staff, taxes, and any and all "over-head" that is commonly associated with the practice of law. The Commission shall pay postage and court costs accrued by the attorney in the course of the attorney's representation of the Commission. B. Legal Malpractice Insurance Coverage 1. Clark shall be responsible for maintaining his own legal malpractice insurance. Clark is an independent contractor. Clark shall provide a written statement to the Commission setting for the name of his carrier and provide a letter of document substantiating the coverage and the attorney's limits of liability. C. Fiduciary Duty 1. Clark shall be employed by the Commission pursuant to the Indiana statutes set forth herein. 2. Clark's fiduciary duty is owed to the Commission by virtue of the Rules of Professional Responsibility. -1- 3. Clark shall be subject to any and all terms of the City's ethics ordinance. 4. Clark or any of his partner's or associates shall be prohibited from representing an individual in matters before the Commission wherein said representation is adverse to the City. D. Term of Agreement 1. Clark shall be employed at the will of the Commission. This agreement can be terminated at any time by the Commission. 2. Clark shall be entitled to terminate this agreement at any time. Oz ~/ So Agreed this ~ day of `J~ti~ ~ , 2009. Gregory R. Clark, Attorney So Approved by the City of Jeffersonville Fire Merit Commission on the day of June, 2009. ~~ Da rtin, P si e Le aylor, Vi e-Presi nt Lyn Ac/kermon, Me r '~' _~'" ~. Jeff Frey~e b~/, Ron -2-