HomeMy WebLinkAbout2006-Merkley-City Attorney
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EMPLOYMENT CONTRACT
This agreement, consisting of two (2) typewritten pages, dated this ~ ~ day of
~ ,2006, is made between the City of Jeffersonville (hereinafter the "City"), and
Leslie D. rkley (hereinafter the "Attorney").
1. Employment. The City, pursuant to I.C. 36-4-9-8, hereby employs the Attorney as the
City Attorney for the performance of legal services as set forth in this agreement and appoints the
Attorney as the City's Head of the Department of Law pursuant to I. C. 36-4-9-11. The Attorney will
provide part-time legal representation to the City, at an annually salary of$45,000.00 per year. The
Attorney accepts such employment, and agrees that such salary shall be in full for all services
rendered by the Attorney to the City subject to those provisions as outlined in paragraphs 2 and 3 of
this agreement. The Attorney may participate in the City's health and dental insurance plan.
2. Legal Services to Be Provided. The legal services and duties to be provided include the
following:
(1) Manage the legal affairs ofthe city;
(2) Prosecute violators of city ordinances;
(3) Give legal advice to the officers, departments, board, commission, and other agencies of
the city;
(4) Draft ordinances or legal papers for the city and its departments, boards, commissions,
and other agencies when requested by the proper officer;
(5) Maintain custody of the records of his office and turn them over to his successor in
office;
(6) Mail all title searches and examine all abstracts required in public work of any kind,
including opening, widening, or changing a street, alley or public place;
(7) Promptly commence all proceedings necessary or advisable for the protection or
enforcement of the rights of the city or the public;
(8) Use all diligence to collect costs, fees, and recoveries within the scope of his duties;
(9) Report, in writing, to the city executive all matters that he considers important; and
(10) Report, in writing, to the city fiscal officer, all judgments for which the city is liable.
3. Litigation and Bond Fees. In addition to the salary set forth in paragraph 1 of this
agreement, the City agrees to pay the Attorney for work related to representation of the City in
litigation matters at the rate of$100.00 per hour. The City will be billed monthly for those additional
legal services. In addition to the salary set forth in paragraph 1 of this agreement, the City agrees to
pay the Attorney, for services rendered as local bond counsel for any bond issuances at the rate of
$100.00 per, which shall be paid from the issuance costs of said bond. Said payment to the Attorney
for services related to bond issuances shall not exceed $25,000 per year.
4. Other Employment. The Attorney shall not be prevented from other employment by
reason of the employment as set forth in this agreement provided that such other employments do not
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create any conflicts of interest or other ethical considerations which would not allow the Attorney to
continue with such employment. Nevertheless, the Attorney agrees to devote all necessary time to
properly represent the City in accordance with the terms of this agreement.
5. City's Responsibility. The City agrees to do the following:
a. To pay the Attorney as agreed in this agreement; and
b. To fully cooperate with the Attorney and provide all information known to the City or
available to the City which, in the opinion ofthe Attorney, would aid the Attorney in representing the
City in this matter.
6. Termination of Services. The Attorney may terminate this agreement if the City is in
breach of its obligations under this agreement or if the Attorney is otherwise required to do so in
accordance with the rules of professional conduct governing attorneys. The City is entitled to
terminate this agreement at any time, subject to its contractual liability to the Attorney for services
rendered.
7. Complete Agreement. This writing includes the entire agreement between the City and
the Attorney regarding this matter. This agreement can only be modified with another written
agreement signed by the City and the Attorney.
8. Signatures. In witness whereof the parties have hereunto set their hands and seals the
day and year first ab written.
Leslie D. Merkley
Attorney