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HomeMy WebLinkAboutContract for Legal Service Contract for Legal Service This indenture Witnesseth That: Thomas Galligan (hereinafter "Galligan) was elected mayor of the City of Jeffersonville, Indiana on November 6, 2007 and shall assume the office on January 2, 2008. Whereas, Indiana Code 36 -4-94 and Indiana Code 26 -4-9 -8 provide that the City shall have a Department of Law. Whereas, the legal needs of the City are diverse. Those needs include , but are not limited to: representation of various boards, real estate transactions, economic development, litigation, development of legislation, workmen's compensation, risk -loss management, etc. Whereas, representing the City of Jeffersonville is an honor and privilege no different than serving as an elected official. As such, legal counsel for the City is expected to make special exceptions in his or her contract that otherwise would not be acceptable in his or her everyday practice. The willingness by legal counsel to reduce fees and incur costs displays counsel's commitment to public service and counsel's containment to the taxpayers and people of Jeffersonville. Whereas, in order to insure that the City's legal needs are met in a competent manner the mayor shall enter into the following contract for legal service with Darren Wilder 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: 1. The attorney shall provide legal counsel for the City and shall charge at the rate of One Hundred Dollars ($100.00) per hour. The attorney shall be paid a retainer fee in the sum of Two Thousand Dollars ($2,000.00) each month. This retainer fee shall serve to pay for twenty (20) hours of legal service. The attorney shall be responsible for submitting an itemized billing statement each month that sets out filly and completely each task that the attorney has performed and of which the attorney requests payment. 2. 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 accreted 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. B. Legal Malpractice Insurance Coverage: 1. The attorney shall be responsible for maintaining his or her own legal malpractice insurance. The attorney is an independent contractor. C. Fiduciary Duty: • 1. The attorney shall be employed by the Mayor pursuant to Indiana Statute. 2. The attorney's fiduciary duty is as set forth in Indiana Statute. 3. 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 in investigatory procedures consistent with their profession. 4. Attorney, or any of his/her partner's or associates 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. TI1IS 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 waive shall be obtained prior to the commencement of representation. D. Bond Counsel: 1. 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 the undertake all of 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 a very particularized field of law. 4. If it is deemed necessary by bond counsel that "local counsel" is needed, then Local Counsel shall be paid at the rate of 5100.00 per hour. E. Term of This Agreement: 1. Attorney shall be employed at the will of the Mayor, and his service shall begin January 1, 2011. This agreement can be terminated at any time by the Mayor, or attorney. So agreed this / - day of January, 2011 I) /,,,....\\,./ Darren Wilder, Attorney � , J` . 5 '1 omas G alligan, : ayo