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HomeMy WebLinkAboutContract for Professional/Legal Services Contract for Professional/Legal Services By this contract The City of Jeffersonville Police Merit Commission (hereinafter the "Commission") authorizes the employment of Robert G. Bottorff II (hereinafter the "Attorney") to represent the Commission as the legal counsel and attorney for the Commission. It is AGREED by the Board and the Attorney as follows: BASIC CONTRACT SERVICES. The Board agrees to retain Robert G. Bottorff II, Indiana Attorney No. 24101-49, as the City of Jeffersonville,Indiana Police Merit Commission Attorney, retroactively and in the future until replaced or succeeded,to perform legal services, a s further and more particularly described hereinbelow. 1.LEGAL SERVICES.Attorney shall perform the following contract services by providing legal service and advice, including, but not limited to: a. Preparation for and attendance (as may be required) at regular and special meetings of the Commission; b. Preparation of documents as directed by the Commission; c. Provision of legal advice and service for employees and/or agents of the Commission for matters relating to legal issues affecting the Commission; d. Provision of legal advice and consultation time,with responsible officials,relating to the operation and staff of the Commission, as by the Commission; e. Provision of legal advice for statutory functions of all members of the Commission and as described in this Contract; f. Performance of document review relating to or affecting the Commission; g. Generation and issuance of reasonable and necessary correspondence and/or documents, legal process or otherwise; g. Provision of legal advice and reasonable consultation; h. Provision of legal advice and attendance at meetings concerning all matters of the Commission; i. Provision of time and services to represent the Commission's interests and obligations in relation to any issues brought before the Commission under the statutes,ordinances, or Rules of the Commission; j. Traveling to and from all places when performing functions described in this Contract; k. Attending seminars,gatherings and conferences germane to the Commission needs; 1. Any and all other assignments, permitted by law, as directed by the Commission. 2. PAYMENT. Total compensation for Attorney providing up to Five(5)hours per month of Legal Services, shall be Seven Hundred and Fifty and 00/100 Dollars ($ 75 .00) to billed as set forth hereinbelow. 3. HOURLY BILLING AND RATE. The Commission and the Attorney agree that, if services require more than five (5) hours per month for the above legal services, the Attorney shall bill at the rate of One Hundred Fifty Dollars ($150.00) per hour, payable on a monthly basis, or as billed, for any and all time in excess of five (5) hours (hereinafter "Supplemental Legal Services"). Such Supplemental Legal Services shall be billed in 1 eiuents of tenths of an hour as a minimum billing increment(ie.,six(6)minutes minimum per item), and shall be itemized for each Supplemental Legal Service rendered and provided by invoice and presented to the Commission at its Regular Meetings, for approval and recommendation to the City of Jeffersonville Common Council for ultimate approval and payment. 4. COMMISSION IS NOT EXCLUSIVE CLIENT. The parties agree that this Contract shall not prevent Attorney from operating an independent private practice. Attorney agrees, however, that during the operation and term of this contract (or any subsequent agreement with the Commission), the Attorney will not represent members of the City of Jeffersonville Police Department (hereinafter "JPD"), in disciplinary or other proceedings before the Commission, nor will Attorney represent members of JPD in outside matters that might compromise the Attorney's professional judgment, or that might cause a reasonable person to believe an appearance of impropriety exists. Attorney further agrees to notify the Commission in writing within forty-eight (48) hours of any contract for legal representation the Attorney has entered into with any member of JPD, disclosing the nature of the scope of legal services to be rendered on behalf of said member of JPD. 5. CONTRACT TERMINATION. The Commission, by its Members, and the Attorney agree that either of them may terminate the attorney/client relationship upon a minimum of thirty (30) days written notice to the other. However, in the event that Attorney is discharged prior to the end of the calendar year,both parties agree that Attorney shall be paid liquidated damages in an amount equal to thirty(30)days'pay. 6. CONFLICTS OF INTEREST. Commission and Attorney acknowledge that because of Attorney's tenure and experience in the practice of law that it is likely that upon occasion Attorney may be prohibited from representing the interests of the Commission against former clients, relatives, associates and others because of ethical concerns. In those cases, the Commission may or will be required to secure legal advice and counsel from another attorney, at the Commission's expense. Attorney agrees that he will not knowingly accept cases where such a conflict of interests is likely to occur. [The remainder of this page has been left blank intentionally. Signature page to follow.] 2 I UNDERSTAND THAT THIS IS AN AGREEMENT AS BETWEEN THE CITY OF JEFFERSONVILLE POLICE MERIT COMMISSION AND ATTORNEY, ROBERT G. BOTTORFF II, AS AUTHORIZED AND RECOMMENDED BY MAJORITY VOTE OF THE CITY OF JEFFERSONVILLE POLICE MERIT COMMISSION, AND IS A BINDING LEGAL CONTRACT FOR LEGAL SERVICES. // boas DATE t. J'RE►i ELLING, P' x DENT MICHAE MOORE,MAYOR City if rsonville Pol'• • Merit Commission City of Jeffersonville f III4A1IVI' 'o T G. BO'Iff O`i FIB Attorney No. 24101-49 3