HomeMy Public PortalAbout003-2013 - Law - Sue SilbersteinAGREEMENT FOR LEGAL SERVICES
This Agreement is entered into this ---27L(U day of December, 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").
WITNESSETH:
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, 2013, and
ending December.31, 2013, 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 #3-2013
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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, 2013, as provided herein, this sure
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.
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 sinned by Contractor
in accordance with Indiana Cade 22-5-1.7-11(a)(2), which Affidavit is
attached hereto and he
rein erei l' n as Exhibit "A"; and
3. A purchase order has been issued by the Purchasing Department.
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G. COMPLIANCE WITH fNDIANA E-VERIFY PROGRAM E UIREMENTS
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.
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In Witness Whereof, the parties execute this agreement as of the date first set forth above.
"CITY" "SILBERSTEIN"
City of Richmond, Indiana, through
its Board of Sanitary Commissioners
By By .�
Richard Bodiker, President Susan S. Silberstein
Gilbert Klose, Vice President
Approved by the Mayor this'%day of December, 2012.
Sarah L. Hutton, Mayor
Affidavit of Employment Eligibility Verification
The Contractor, SLtS `;, Sad e4e , affirms under the penalties of perjury that
Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed
and does not employ any employees, Contractor verifies he or she is a United States citizen
or qualified alien.
The Contractor has not knowingly employed or contracted with an unauthorized alien and
shall not retain an employee or contract with a person that the Contractor subsequently learns
is an unauthorized alien.. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and
verified the work eligibility status of all newly hired employees of the contractor through the
Indiana E-Verify program.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor has enrolled and is participating in the E-Verify program. The Contractor will
maintain this certification throughout the duration of the term of a contract with a
subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this J�3 day of b4p, 201-0.
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(signature)
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(printed name)