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HomeMy WebLinkAbout1110 Williams & Campo Amended Scope of Services BILL NO. 2012-016 ORDINANCE NO. r��� AN ORDINANCE AMENDING ORDINANCE 1015, APPOINTING WILLIAMS & CAMPO, PC AS SPECIAL COUNSEL FOR LEGAL SERVICES, TO INCLUDE GENERAL ON-CALL SERVICES AS NEEDED WHEREAS, Section 110.110 of the Riverside City Code provides that one of the duties of the City Attorney is to oversee the retention and supervision of outside counsel where specialized or extensive general work is desmed necessary; and WHEREAS, Williams & Campo, PC was originally retained to provide services related to eminent domain, real estate acquisition and other real estate issues, including representation, counsel and advice in any litigation related to such matters pursuant to Ordinance 1015; and WHEREAS, the Board of Aldermen desire to add additional law firms capabfe of providing general legal services to the City and find that Williams & Campo, PC is qualified to provide said special counsel legal services to the City; and WHEREAS, the procedure by which special counsel is retained is governed by Section 79.230 of the Revised Statutes �f Missouri which provides that the empioyment of special counsel shall occur by the Mayor and Board of Aldermen pursuant to adoption of an ordinance; and WHEREAS, the Board of Aldermen find it is in the best interest of the citizens of the City of Riverside to authorize and approve a letter of engagement with Williams & Campo, PC to provide such services; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT Williams & Campo, PC is hereby appointed as special legal counsel for the City of Riverside for legal services related to eminent domain, real estate acquisition and other real estate issues, including representation, counsel and advice in any litigation related to such matters, with the addition of general, on-call services, subject to the supervision of the City Attorney; FURTHER THAT the City Attorney is hereby authorized to execute the engagement letter agreement for such services which is attached hereto as Exhibit "A" together with such other documents necessary to carry out the terms and conditions of such representation. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPRoVED by a majority of the Board of Aide men and APPROVED by the Mayor of the City of Riverside, Missouri, this 'Y0 day of , 2012. 5 � z ��� � � � Mayor Kathleen L. Rose ATTEST:, , Approved as to form: + .� ^ r Robin Littrell, ity Clerk c Tho son, Ci Attorney �� ' ' � " °� Paul A. Cum��o �y ` �.� Phane: 816.529.4846 � Fac,rimil e: 816.524.4645 pcumpu@pz�bliclawf rm.com 255 NW Blzie Parklvay, Suite 202 Lee's Summdt, Missoau�i 64063 www.publiclawfirm.com March 13, 2012 City of Riverside Attn: Ms. Nancy Thompson, C'ityflttorney 2950 NW Vivion I2oad Riverside, Missouri 64150 Re: Special Coai�sel Legal Service:s Dear Ms. Thompson: You have requested thaY we serve as Special Counsel far the City of I2iverside, Missouri. I am submitting this letter to you to serve as the written agreement for our firm's engagement to provide general, on-call legal services, as may from time to time bc requested. We look forward to serving as counsel in this engagement. The City of Riverside will be our clicnt ii�i this er�gagemenY. I will be responsible fa the engagement on behalf of our firm. Our fee structure will be the same as currently exists pursuant to our existrng engagement for eminent domain/real estate acquisition and related matters. The enclosed Additional Terms of Engagement shall govern the relationship unlcss otherwise agreed in this engagement letter, but please note the following: • We will not charge attorney fees for our travel time to and from Ciry Hall for any meetings with the Board of Aldermen, Staff, etc.; � We will not charge the City for local facsimiles; • We will not charge the City for long-distance telephone charges (including facsimiles); • We will not charge the City for in-house photocopies which do not exceed ]00 copies in a month; • We do not charge for regular mail. If you have any questions concerning the tenns of our engagement, or if you ever have a question about our charges, or their reasonableness, please contact me at your convenience to discuss the matter. Our engagement as counset for the City will begin upon our receipt of a signed copy of this agreement (by fax, mail or hand delivery). Thank you for choosing us to � - . , ,...-�.�. .� -q .. - �F^�m� . . .. .. . , . . -+�-�. :.�-'.°`-�--9�rF :.�r-�+u'^. -" wr:�... �\. provide these iinportant legal services to the City. We look forward to a good and productive relationship. Best regards, WILLIAMS & CAMPO, P.C. �" ` �.-- Paul A. Campo Enclosure ACCEPTED AND AGREED: CITY OF RIVERSIDE, MISSOURI By: ��/�fi�— its: �Q ►�. Additional Terms of Engagement Williams & Campo, P.C., appreciates the oppoitunity to scivc you. Our goal is to provide legal services th�t �ddress your leg�l needs effectively and efficiently through our office in Lee's Summit. The following infor explains tlic client service practices and billing proecdures that apply to our rcpresentation of your interests (unless you have reached a different written understanding with us). We encourage you to discuss these practices with our lawyers whenever you have questions duiing the course of our engagemcnt. Provision of Legal Services. This en�agement is for provision of professiona] ]egal seivices, and not for fhe prnvision of business, personal, accounting, technical or otlier advice not constituting legal services. It is agreed that tlie client is not relying upon counsel in this engagement for advice in areas other than profcssional legal setvices, even if such matters should be discussed in connection with the engagement. Entire Agreement. The accompanying engagement letter together with thcse Additional Teims of Engagement shall constitute the entire agreement between us concerning the engagement, and shall not be modified or supplemented, except in a subsequent writing signed by the parties. 5ubcontractors. From timo-to-time, it may be necessary to engage subcontractars to assist in the provision of seivices to you. It is agreed that we are not authoi7zed to engagc 1ny such suhcontractors without your prior approval. Periodic Billings for Legal Services. Unless other arrangements have been made, it is our policy to render periodic statements for legal services on a monthly basis. We normally base these statements on hourly rates of lawyers working on the matter. Statements will be due upon presentation, and are to be paid no tater than 30 days following the invoice date. If any statement amount remains unpaid 60 daVS after the imoice date, the finn reserves the right to terminate its services, consistent with applicable Rules of Profession�l Conduct. Client Disbursements. Most matters require, fram time to time, certain monetary advances to be made on your behalf by the firm. Some "client disbursements" represent out-of-pocket charges we advance, others represcnt internal costs (including costs such as fees for service of process, court f ting fees, deliveries, etc.). It is understood that while acting as your lawyers, we have the authorily to use our best judgment in making such expenditures on your behalf. Unless we have made prior arrangements with you, we will seud you monthly billings for client disbursements incurred during the preceding tnonth. Substantial individual items in excess of �,250, such as expert witness fees, the costs of deposition transcripts, etc., may be billed directly io you 6y the vendor of such seivices. File Retention. After our scrvices conclude, we will, upoii your request, deliver the file for this engagement to you. If you do not request the ftle, we will retain it for a period of ten years after the matter is closed. ]f you do not request delivery of the file before the end of tlle ten year period, we wil( have no f'urther obligation to retain the file and raay, at our discretion, destroy it without further notice to you. At any point during lhe ten year period, you may request delivery of the file. Disbursements and Other Charges. We will also charge you for certain expense items Iisted below that wc provide in connection with our legal services: Photoconvin�. We will uot charge tl�e City for in-house photocopies which do not axcced 100 copies in a month. If in-house photocopies exceed 100 in a month, tlien we reserve the right to charge $0.10 per page (or our cost, whichever is less) but only for each page over 100 in number. If the need for an outside copying job (e.e., Kinko's) arises, we only bill the actual cost incurred for photocopying without markup. Com�uter Research. We do not charge for our service agreement with tt�estlaw in which we ilave computerized legal research access to Missouri, 8` Circuit (federal) and U.S. Supreme Couri databases, as well as databases for the Missouri and federal statutes, among others. In the event that computerized research in data6ases other than these is necessary, the actual cost we incur is charged without m�rkup. Teleconuuunications. We do not charge for local or long-distance phone calls or facsimiles. Mail/MessenQers. We do not charge for regular mail; however, bulk mailings, packages and special postal seiviees may be charged at our actual eost. Messengers are used as ap�ropriate to �issure expedited deli��ery. The actual cost of such messenger services is charged without markup. Internet Usa�e. We may be asked to use the Internet as a means for cornmunicating about mauers conceming ynur representation. Any such communication could be randomly intercepted �nd otherwise used or disclosed by anyone, including someone specitically interested in your matter or business. This could cause you to lose your confidentiaiity and attorney/client privilege protections. However, to facilitate your e•epreseniation, yon approve the use of Internet communications during your representation by us unless we are instructed atherwise. Termination of Services, In thc event that yau choose to terminate our seivices, please advise us of such iu writing. We retain the right to cease }�erfonning legal services and to terminate our legal representation for any reason consistent with ethical rules, including conflicts of interest or the f'ailure to pay le�al fees and expenses when due. Our Yermination or your termination of services does not affect your obligation to pay legal fees and expenses incurred prior to the effective date of such ten�unation. Questions. One of nur goals is to ensure that legal scivices are delivered effectively and efticient]y, and that all billings are accw•ate and understandable. Please direct any Guestions about services, billing, or payment status of your accaunt to Paul A. Campo.