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HomeMy Public PortalAbout010-2008 - COR - Silberstein - Legal ServicesAGREEMENT FOR LEGAL SERVICES This Agreement is entered into this loth day of January, 2008, by and between the City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter "City") and Susan S. Silberstein (hereafter "Silberstein"). WITNES SETH: WHEREAS, the City has the need, in addition to legal assistance provided by the City Attorney, to retain legal counsel to also provide advice, services, and assistance to the various City elected officials, officers and departments; and WHEREAS, Kenyatta Cox, the Assistant City Attorney of Richmond, resigned her position on December 28, 2007 and this vacant position has not yet been filled; and WHEREAS, the parties believe that Silberstein can provide the necessary services to the Law Department as requested and authorized by the City Attorney; and WHEREAS, the City, through its Board of Public Works, 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 7, 2008, and ending March 28, 2008, 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, City 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; Contract No. 10-2008 2 b. submission of a report, other work product, or advice, whether oral or written, by Silberstein to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City 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 City 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 1. In consideration for the services to be provided herein, Silberstein shall be paid the sum of Eight Hundred Forty Dollars ($840.00) per week for Twenty -Four (24) hours of work per week, with said days of work to be determined by the City Attorney and Silberstein. In the event this Agreement is terminated by either party prior to March 28, 2008, 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 1. Silberstein shall serve as an attorney in the Department of Law for the City. In such capacity, Silberstein shall be supervised by, and report to, City Attorney Walter S. Chidester. The duties of Silberstein shall include, but not be limited to, contract work, employment agreements, real estate matters, consultation with City of Richmond Department heads, legal research, drafting and preparing ordinances, agreements and contracts, legal advice on City of Richmond matters and any other matters that are assigned Silberstein by the City Attorney. The City Attorney shall also provide supervision and monitoring of Silberstein, who will handle legal matters of the City of Richmond not handled by the City Attorney. 3 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. OBLIGATIONS OF CITY TO PROVIDE SUPPORT SERVICES City shall provide Silberstein the following support services and facilities to better enable Silberstein to provide the services contemplated by this Agreement: a) Office space for the use at the Law Department in the City Building; b) Computer, e-mail access, word processing software (Microsoft Word 95 or a more recent version), telephone, facsimile service and the usual and customary office equipment and supplies of comparable quality as those other offices housed in said City Building; c) Use and support of a secretary for the Law Department. F. 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. 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 Public Works & Safety By S/S Vicki Robinson By Vicki Robinson, President "SILBERSTEIN" S/S Susan S. Silberstein Susan S. Silberstein S/S Dian Lawson Member S/S Mary Jo Flood Member Approved by the Mayor this 1 Ith day of January, 2008. S/S Sarah L. Hutton Sarah L. Hutton, Mayor