R.Scott Sirk (Rider)R. Scott Sirk, Esq.
City Court Dept.-2001
Indigent Defense Services
Appropriation #1301-419.52;P.O.#05578
Contract Not To Exceed $12,000.00 A!~I~ltOVED, AS 10
RIDER TO PROFESSIONAL SERVICES AGREEMENT
This Rider to the Professional Services Agreement ("Agreement"), executed by R. Scott Sirk, Esq.
("Professional") and the City Court of the City of Camel, Indiana ("Court") on December 6, 2000 (City
WHEREAS, on January 1, 2001, the City of Carmel instituted a mandatory "purchase order
system" for the purchase of all goods and services exceeding Two Hundred Fifty Dollars ($250.00) in
value; and
WHEREAS, in order to operate under this "purchase order system," every City contract must
contain therein an estimate of the cost of providing goods and services pursuant to such contract, which
estimate is relied upon in encumbering sufficient monies to pay for same.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The above Recitals are incorporated herein as though they were fully set forth below.
2. Professional estimates that the total cost for all professional services ("Services") provided to
Court pursuant to the Agreement during calendar year 2001, consisting of indigent defense services, will
not exceed $12,000 (the "Estimate").
3. Court agrees to prepare a purchase order setting aside the sum of the Estimate to pay for the
Services provided during the time period covered by the Estimate, and to indicate budget appropriation
number 1301-419.52 as being that from which such Services are to be paid on said purchase order.
4. Professional agrees to notify Court, in writing, when the total cost for all Services provided to
Court by Professional pursuant to the Agreement during the time period covered by an Estimate reaches
the amount of the Estimate.
5. Professional agrees that it will not provide any Services to Court during the time period covered
by an Estimate if the provision of same would cause the total cost of the Services provided to Court
during such time period to exceed the Estimate amount, without prior written Court approval.
6. This Rider shall continue in effect from year to year, unless otherwise modified or terminated
in writing by the parties hereto, except that this Rider shall automatically terminate on the date on which
the Agreement itself is terminated.
7. The terms of this Rider shall supersede any contrary terms or conditions contained in the
Agreement. All Agreement terms and conditions not so affected remain in full force and effect, are
incorporated herein by this reference and shall apply to this Rider as well.
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R. Scott Sirk, Esq.
City Court Dept.-2001
Indigent Defense Services
Appropriation #1301-419.52;P.O.#05578
Contract Not To Exceed $12,000.00
8. The effective date of this Rider shall be the date on which it is last signed by a party hereto.
1N WITNESS WHEREOF, the parties hereto have made and executed this Rider as follows:
CITY COURT OF THE
CITY OF CARMEL, INDIANA ("COURT")
By and through the Carmel Board of
Public Works and Safety
Z Brainard, Presiding Officer
Biil)y~alker, Member
Date: jf ,.--~tl- ,6,1
R. SCOTT SIRK, ESQ.
("PROFESSIONAL")
Printed Name
Title
FID/SSN: ~}
Date:/
ATTEST:
Diana Cordray! IL~, Clerli-TIreasu/rer ,~t~
Date:
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City Court, hereinafter referred to as COURT.
2. Contract Authority. This Contract is made pursuant
to I.C. 3~]i62i and uns~ th~ ~h~rent power 6f the Court
to provide adequate representation to indigent defendants.
3. Contract Period. The duration of this Contract
shall be from January 1, 2001 through December 31, 2001.
4. Services. The ATTORNEY shall provide legal services
for indigent defendants in the following categories of cases:
misdemeanor cases and probation revocation cases.
5. Indigent Persons. An indigent person who is
financially unable to obtain adequate representations without
substantial hardship to himself or his family.
In determining indigence, the Judge shall determine
whether the assets of the person exceed the amount needed for
the payment of reasonable and necessary expenses incurred, or
which must be incurred to support the person and the person's
immediate family. Assets to be considered in making the
determination shall include disposable income, cash in hand,
stocks and bonds, bank accounts and other property which can
be converted to cash within a reasonable period of time and
which is not needed to hold a job, or to shelter, clothes and
care for the person and the person's immediate family.
THE CLERK OF COURT
CARMEL CITY COURT
Assets cannot be converted to cash within a reasonable period
of time shall be considered as assets equivalent in dollars
to the amount of a loan which could reasonably be obtained by
using these assets as collateral. If the person's assets,
less reasonable and necessary living expenses, are
insufficient to cover the anticipated cost of effective
representation when the length and complexity of the
anticipated proceedings are taken fully in account, the
person is eligible for representation by the ATTOPaqEY.
6. Representation. The ATTORNEY shall provide legal
representation of each indigent Defendant assigned under this
Contract, which shall include investigation, consultation
with client, interviewing witness, preparation and filing of
motions, arguments on motions, trial, sentencing, and post-
trial motions (including motion to correct errors,~praecipe,
appeals sentencing modification, and probation revocation).
7. Interview Schedule. For clients who are in custody,
the ATTORNEY shall conduct an interview with the client
within seven {7) days of the ATTORNEY'S appointment to the
case.
For clients who are not in custody, the ATTORNEY shall
conduct an interview with the client within fourteen (14)
working days of the ATTORNEY'S appointment to the case.
8. Conflict Q~ Interest. If at any time after an
appointment has been made, the ATTORNEY discovers a conflict
of interest pursuant to the Indiana Rule of Professional
Conduct which requires withdrawal from the case, the ATTORNEY
IN WITNESS WHEREOF, the parties have made and executed this Agreement as
follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
SBY"~Brai'w~ard, Mayo'er~j
Date
Billy Walker, Member
Date
Date