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Home My Public Portal About005-2012 - Sanitary - Sue Silberstein - LegalAGREEMENT FOR LEGAL SERVICES This Agreement is entered into this 1st day of January, 2012, by and between the City of Richmond, Indiana, through its Richmond Sanitary District Board of Sanitary Commissioners (hereafter "RSD") and Susan S. Silberstein (hereafter "Silberstein"). WITNES SETH: WHEREAS, the RSD has the need, in addition to legal assistance provided by the City Attorney, to retain additional legal counsel to also provide advice, services, and assistance to the RSD and also to its management staff employees; and WHEREAS, the parties believe that Silberstein can provide the necessary services to RSD and its management staff employees; and WHEREAS, the City, through its Board of Sanitary Commissioners, desires to enter into a contract for the purchase of legal services from Silberstein as set forth below. NOW, THEREFORE, in consideration of the terms and conditions contained herein, including the above stated recitals, the parties agree as follows: A. TERM OF AGREEMENT This Agreement shall be for a period beginning January 1, 2012, and ending December 31, 2012, and may be extended by mutual agreement on a period to be subsequently determined. Notwithstanding such term, either party may terminate, for any reason, this Agreement prior to such time, with fourteen (14) days prior written notice. Notwithstanding the term of this Agreement, RSD may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of Silberstein to fulfill in a timely manner her obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by Silberstein to the RSD that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; Contract No. 5-2012 2 c. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the RSD shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the RSD or Silberstein, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. B. COMPENSATION In consideration for the services to be provided herein, Silberstein shall be paid the sum of Eight Hundred Forty Dollars ($840.00) every two weeks for Twenty -Four (24) hours of work in each two week period, with said days of work to be determined by Silberstein. In the event this Agreement is terminated by either party prior to December 31, 2012, as provided herein, this sum shall be pro -rated to the date of termination. All invoices for services hereunder shall be submitted by Silberstein in the name of Silberstein, and reported for state and federal tax reporting purposes under the federal tax identification number of Silberstein. C. DUTIES OF ENGAGEMENT Silberstein shall serve as an attorney in the Department of Law for the RSD. Silberstein's work shall include, but not be limited to, contract work, employment agreements, real estate matters, consultation with RSD management staff officials, legal research, drafting and preparing ordinances, agreements and contracts, giving legal advice on RSD and/or City of Richmond matters and any other matters that Silberstein choose to undertake. Silberstein will handle legal matters of the RSD not handled by the City Attorney. D. EXCLUDED SERVICES The following matters are excluded from the scope of legal services to be provided by Silberstein to City pursuant to this Agreement. a) Appearance in any court in the state of Indiana, though Silberstein may be involved in the preparation of documents or pleadings for filing in court or responding to the other party. 3 E. PROHIBITION AGAINST DISCRIMINATION Pursuant to Indiana Code 22-9-1-10, Silberstein or any person acting on behalf of Silberstein shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2), which Affidavit is attached hereto and incorporated herein as Exhibit "A"; and 3. A purchase order has been issued by the Purchasing Department. G. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM EOUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. 0 In Witness Whereof, the parties execute this agreement as of the date first set forth above. "CITY" City of Richmond, Indiana, through its Board of Sanitary Commissioners By S/S Richard Bodiker Richard Bodiker, President S/S Gil Klose Gilbert Klose, Vice President S/S Greg Stiens Greg Stiens, Member "SILBERSTEIN" By S/S Susan S. Silberstein Susan S. Silberstein Approved by the Mayor this loth day of January, 2012. S/S Sarah L. Hutton Sarah L. Hutton, Mayor