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Home My WebLink AboutGary W. Bippus/DODGary W. Bippus, Esquire Dept. of Law Contract Attorney - 2002 Appropriation #430-40000; P.O.#10538 Contract Not To Exceed $10,000.00 APPROVED, AS 1'O FORM BY: AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement"), is hereby made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter "City"), and Gary W. Bippus (hereinafter "Professional"). RECITALS WHEREAS, from time to time, City needs additional professional services to assist it in effectively and efficiently fulfilling its responsibilities as an Indiana municipality; and WHEREAS, Professional is experienced in providing such professional legal and other services as are covered by this Agreement; and WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to City, on a non-exclusive basis, the professional services referenced herein; and WHEREAS, Professional is qualified and desires to provide City with such professional services. NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and conditions set forth herein, City and Professional mutually agree as follows: SECTION 1. INCORPORATION OF RECITALS The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof. SECTION 2. 2.1 2.2 2.3 2.4 SCOPE OF SERVICES City desires to engage Professional as an independent contractor for the provision of assigned professional legal services ("Services"). Professional desires to provide the Services to City. Professional acknowledges that it has read and understands this Agreement, and that Professional's execution thereof shall constitute Professional's acceptance of this Agreement and of all its terms and conditions. Time is of the essence of this Agreement. Professional shall provide the Services by following and applying at all times the highest professional standards. Gary W. Bippus, Esquire Depf. of Law Contract Attorney - 2002 Appropriation #430-40000; P.O.#10538 Contract Not To Exceed $10,000.00 SECTION 3. CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.3 City shall designate payment of the Services from City budget appropriation number 430-40000 funds. SECTION 4. PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall coordinate with City his performance of the Services. 4.2 Professional shall provide the Services by following and applying at all times such reasonable and lawful standards as are accepted in the industry. SECTION 5. COMPENSATION 5.1 As full and complete compensation for the Services performed by Professional hereunder, and subject to the terms and conditions contained in this Agreement, including, but not limited to, the termination provisions set forth in Paragraph 7.1 hereinbelow, City shall pay Professional the sum of Thirty Dollars ($30.00) per hour, plus mileage at the rate of Thirty-Five Cents ($.35) per mile for travel from Carmel City Hall to such courts and other meetings and hearings as are necessary and appropriate for Professional to attend in his performance of the Services for the City. 5.2 The parties estimate that the total cost of the Services to be provided by Professional to City hereunder for fiscal year 2002 shall be no more than Ten Thousand Dollars ($10,000.00) (the "Estimate"). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall detail all Services provided by date, activity description and time spent thereon to the nearest 1/10th hour. City shall pay Professional for all undisputed Services rendered and stated on such invoice within sixty (60) days from the date of City's receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's prior written consent. Gary W. Bippus, Esquire Dept. of Law Contract Attorney - 2002 Appropriation ,0430-40000; P.O.#10538 Contract Not To Exceed $10,000.00 SECTION 6. TERM Subject to the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be in effect from its Effective Date through December 31, 2002, and shall thereafter, on the first day of January in each subsequent year, automatically renew for a period of one (1) year, unless earlier terminated in accordance with the terms and conditions hereof. SECTION 7. MISCELLANEOUS 7.1 Termination. 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days' notice to the other party. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City for cause, or upon City's failure to appropriate monies sufficient to pay for same, immediately upon Professional's receipt of City's "Notice To Cease Services." 7.1.3 In the event of Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect. City and Professional, and their respective officers, officials, agents, partners, successors, executors, administrators, assigns and legal representatives are and successors in interest are bound to the other in all respects as to all covenants, agreements and obligations of this Agreement. 7.3 No Third Party Beneficiaries. Nothing contained herein shall be construed to give rights or benefits to anyone other than City and/or Professional. 7.4 Relationship. The relationship of the parties hereto shall be as provided for in this Agreement, and Professional is not and shall not become an employee of City. Gary W. Bippus, Esquire Dept. of Law Contract Attorney - 2002 Appropriation #430-40000; P.O.#10538 ContTact Not To Exceed $10,000.00 7.5 Insurance. 7.6 7.7 7.8 Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such Professional Responsibility Insurance as is necessary for the protection of City and Professional from any and all claims resulting from Professional's errors and omissions, in a coverage amount of not less than One Hundred Thousand Dollars ($100,000.00). Government Compliance. Professional agrees to comply with all present and future Federal, state and local laws, executive orders, rules and regulations, codes and ordinances which may be applicable to Professional's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision or portion thereof shall be stricken, and all other provisions of this Agreement which can operate independently of such stricken provision shall continue in full force and effect. Notice. Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, retum receipt requested, addressed to the parties as follows: CITY: City of Carmel One Civic Square Carmel, 1N 46032 ATTN: Douglas C. Haney (with a copy to the City Attorney, Department of Law, same address) PROFESSIONAL: Gary W. Bippus Ricos Bippus & Ralph 1213 North Arlington Avenue, Suite 205 Indianapolis, Indiana 46219 7.9 Effective Date. The effective date ("Effective Date") of this Agreement shall be the date on which the last of the parties hereto executes same. · Gary W. Bippus, Esquire Dept. of Law Contract Attorney - 2002 Appropriation #430-40000; P.O.#10538 Contract Not To Exceed $10,000.00 7.10 Governing Law; Lawsuits· This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.11 Waiver. Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.12 Entire Agreement. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. 7.13 Headings. All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.14 Indiana Attorney. Professional acknowledges and agrees that he is an attorney in good standing with the Indiana Bar Association and is licensed to practice law in the State of Indiana, and that his authority to perform any services pursuant to this Agreement is expressly conditioned upon same. Professional shall inform City within twenty-four (24) hours of any change in his standing with the Indiana Bar Association and/or with his license to practice law in the State of Indiana. - Gary W. Bippus, Esquire · Dept. of Law Contract Attorney- 2002 Appropriation//430-40000; P.O.#10538 Contract Not To Exceed $10,000.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety GARY W. BIPPUS, Esquire BY: mes Brainar.d, Presi4ing Officer G~a/ry Date:. ~' ~,:~,,~--~9~.. Attor{ Ma~y An~urhe, Member Date: 1/ d~c~L/~/:7~ at iPpus~ ~' Law , Member Date: Diana Cordray, IA~iViCT~le~k~rerasur~' ' ~/' '~ Date: ~ ~-,~t -19,~ ~ June 25, 2002 Mr. Jacob M. West RIETH-RILEY CONSTRUCTION CO., INC. 1751 West Minnesota Street P.O. Box 276 Indianapolis, IN 46206 Agreement for Purchase of Goods and Services City of Carmel, Street Department No. 0624.02.04 Dear Mr. West: On June 24, 2002, the Board of Public Works and Safety approved the above-referenced contract to do business with your company. Enclosed is a fully executed copy of the Agreement for your records. Please review the attached sample Invoice, (Exhibit B of your contract). Although we do not require you to use this specific form, we do ask that you please submit the information requested on the sample invoice in a similar layout when submitting an invoice for services rendered. This format replaces any other form previously used by the City and is effective upon approval of your contract. Thank you for your cooperation. If you have any questions or concerns, please do not hesitate to contact me at 317.571.2413. Sincerely, COPY Carrie A. Gallagher Deputy Clerk-Treasurer Enclosure City of Carmel rw/evO ? or ONE CiViC SQUARE CARMEL, INDIANA 46032 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, ~ VOUCHER, DELIVERY MEMO, PACKING SLI; SHIPPING LABELS AND ANY CORRESPONDENC; PURCHASE~~¢/~/O¢~L~ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR CONFIRMATION BLANKET CONTRAC3/ QUANTITY [ UNIT OF MEASURE I DESCRIPTION SHIP TO FREIGHT r UNiT PRICE I EXTENSION PLEASE INVOICE IN DUPLICATE SHIPPING INSTRUCTIONS · SHIP PREPAID. · C.O.D. SHIPMENTS CANNOT BE ACCEPTED, - PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. · THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO, DOCUMENT CONTROL NO. ~ ~ ~ 3 8 PROJECT I PROJECT ACCOUNT r AMOUNT . PAYMENT , CLERK-TREASURER VENDOR COPY