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Home My WebLink About1150 Appointing Ogletree, et. al. as Special Counsel BILL NO. 2072-056 ORDINANCE NO. /� �J" � AN ORDINANCE APPOINTING OGLETREE, DEAKINS, NASH, SMOAK 8� STEWART, P.C. AS SPECIAL COUNSEL FOR LEGAL SERVICES RELATED TO VARIOUS EMPLOYMENT MATTERS 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 work is deemed necessary; and WHEREAS, the City deems it necessary and desirable to contract with a qualified attorney for special counsel legal services related to employment and personnel related issues, including representation, counsel and advice in any litigation related to such matters; and WHEREAS, the Board of Aldermen find Ogletree, Deakins, Nash, Smoak & Stewart, P.C. ("Ogletree Deakins") 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 of Missouri which provides that the employment 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 Ogletree Deakins to provide such services; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT Ogletree Deakins is hereby appointed as special legal counsel for the City of Riverside for legal services related to employment and personnel related issues, including representation, counsel and advice in any litigation related to such matters, 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 th Board of Alder en and APPROVED by the Mayor of the City of Riverside, Missouri, this � day of , 2012. ��l�t��✓l�A-�� r Mayor Kathleen L. Rose ATT�ST: ° Approved as to form: !� ��-2�-e � Robin Cittrelf, City Clerk an y m son, City Attorney OGLETREE, DEAKINS, NASH, O�� L__ _ SMOAK & STEWART, P.C. w At[orneys at Law D � , ��. , � 4520 Main Street, Swte 400 �_�__ Kansas City, MO 64111 �jn Telephone: 8I6.471.1301 � Facsimi le: 816.471.1303 www.ogle[�eedeakins. com Nicole Hininger Howell 816.410.2227 nikki.howell@oglet�eedeakins. com August 1'7, 2012 Via E-Mail � nthomosonna,riversidemo.com City of Riverside c/o Nancy Thompson City Attorney 2950 N.W. Vivion Road Riverside, MO 64150 RE: City of Riverside — Personnel Matters Dear Ms. Thompson: Thank you for allowing us the opportunity to represent the City of Riverside ("City") with regard to the City's personnel matters, including advice, counseling and litigation services. Scope of Engagement. We have agreed that our engagement is limited to performance of services related to this action. Stafting. I will have primary responsibility for your representation and will utilize other firm lawyers and legal assistants as appropriate in the circumstances. I may have other associates and paralegals assist me with certain tasks that can be delegated in a cost-effective manner. We will provide legal counsel to you in accordance with this letter and in reliance upon information and guidance provided by you, to keep you reasonably informed of progress and developments, and to respond to your inquiries. Advice About Possible Outcomes. Either at the commencement or during the course of our representation, we may express opinions or beliefs concerning the litigation or vazious courses of action and the results that might be anticipated. Any such statement made by any partner or employee of our firm is intended to be an expression of opinion only, based on information available to us at the time, and should not be construed by you as a promise or guarantee. Fees. Our fees will be based primarily on the amount of time spent on your behalf. Each lawyer and legal assistant has an hourly billing rate based generally on experience and special knowledge. The rate multiplied by the time expended on your behalf, measured in tenths of an hour, will be the initial basis for determining the fee. Shazeholder time will be billed at $340 per hour, associates will be billed at the lower of $290 per hour or their regularly-charged rates, and Atla�ra • �1us�in • Binx�v�,hazn • Bo.eton • C7iadeeax� • Cliadotte • C1�ic�go • (:kveJmid • Cohimbia • Dnllae • Darva • Dertrtit Ivletm • (',�s6om • C',aarvi�e Houmm • In�anaFnlis • Jarks�m • Kansac City • Ias Vepps • L�s �\��gela • Manplus • Mianv • Mvu��jx�lis • Ivloaictown • Naehville • New Od°ar�s • New Yndc Gty Oiange Gwnty • P}tihdelph'ra• Phoamc • Putsbu�gl� • P��nland • Raleigl� • St Loiris • St'ILana� • San.Mm�ix� • San F�ar�asai • Sram(�ud •"fampa •ToQm�ce • Tucam • Wz�l�u�gtrn� August 17, 2012 Page 2 paralegal time will be billed at $125 per hour. Our billing rates are adjusted from time to time but no sooner than January l, 2013. Costs and Expenses. The firm typically incurs costs in connection with legal representation. These costs may include such matters as long distance phone charges, special postage, delivery charges, telecopy and photocopy charges and related expenses, travel expenses, meals and use of other service providers, such as printers or experts. In litigation matters, such expenses may also include filing fees, deposition costs, process servers, court reporters and witness fees. We separately bill for computerized legal research and related expenses. You also agree to pay the charges for copying documents for retention in our files. Except for specialized word processing services, we normally do not make a separate charge for secretazial work unless there is a situation that requires overtime staff work. At our option, we may forward third-party charges in excess of $1,000 directly for payment. Payment of Statements. Statements normally will be rendered monthly for work performed and expenses recorded on our books during the previous month. Payment is due promptly upon receipt of our statement. If any statement remains unpaid for more than 90 days, we may suspend performing services for you until arrangements satisfactory to us have been made for payment of outstanding statements and the payment of future fees and expenses. The fees and costs relating to this matter are not predictable. Accordingly, we have made no commitment to you concerning the maximum fees and costs that will be necessary to resolve or complete with this matter. Any estimate for fees and costs that we may have discussed represents only an estimate of such fees and costs. It is also expressly understood that payment of the firm's fees and costs is in no way contingent on the ultimate outcome of the matter. Termination of Representation. You may terminate our representation at any time by notifying us. Your termination of our services will not affect your responsibility for payment of outstanding statements and accrued fees and expenses incurred before termination or incurred thereafter in connection with an orderly transition of the matter. If such termination occurs, your papers and property will be returned to you promptly upon receipt of payment for outstanding fees and costs. Our own files pertaining to the matter will be retained. These firm files include, for example, firm administrative records, time and expense reports, personnel and staffing materials, and credit and accounting records. Please review this letter cazefully, and if it meets with your approval, please sign this letter and retum your original signature to me so that we may begin work. Please call me if you have any questions. Thanks again. August 17, 2012 Page 3 Very truly yours, � Nicole Hininger Howell NHH/smk 12997218.1