Gary 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