HomeMy Public PortalAbout107-2008 - Sanitary - Susan Silberstein - Legal ServicesAGREEMENT FOR LEGAL SERVICES
This Agreement is entered into this 26th day of August, 2008, 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 August 26, 2008, and
ending December 31, 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, 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. 107-2008
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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, 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
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.
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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.
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 Gilbert Klose
Gilbert Klose, Vice President
S/S Greg Stiens
Greg Stiens, Member
Approved by the Mayor this 28th day of August, 2008.
S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
"SILBERSTEIN"
S/S Susan S. Silberstein
Susan S. Silberstein