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HomeMy WebLinkAbout1764 Appointing Special Legal Counsel - Graves Garrett LLCBILL NO. 2021-007 ORDINANCE NO. 1 7-1p 4 AN ORDINANCE APPOINTING SPECIAL LEGAL COUNSEL WHEREAS, Section 79.230 of the Revised Statutes of Missouri provides that the Mayor and Board of Aldermen may employ special counsel by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 — APPOINTMENT. That Graves Garrett LLC is hereby employed as special legal counsel for the City of Riverside to perform legal services as directed by the Mayor and Board of Aldermen, and the Mayor is hereby authorized to execute the attached engagement letter agreement on behalf of the City. SECTION 2 — EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the B�o d of Aldermen and APPROVED by the Mayor of the City of Riverside this 30" day of 1 / t ate&. , 2021. • ATTEST:.:, Robin Kiricaid, aty Clerk 4)6ee'd ayor Kathleen L. Rose Graves Garrett LLC Todd P. Graves 816.256.3173 phone 816.817.0780 fax tgraves@gravesgarrett.com March 29, 2021 Via Electronic Mail City of Riverside Mayor Kathy Rose 2950 NW Vivion Rd. Riverside, MO 64150 Re: Representation in contract and sunshine law dispute over development project. Dear Mayor Rose: We appreciate the decision you have made to engage Graves Garrett LLC (the "Firm") as legal counsel in connection with the above -referenced matter. This letter memorializes and is a complete expression of the terms and conditions of the agreement under which the Firm will provide services to you. I. Your and Our Responsibilities and Limitations Although we cannot guarantee the success of our efforts, we will strive vigorously to represent your interests effectively. We will keep you advised of significant developments in the course of the engagement. You agree to fully disclose all relevant information to us upon request, to promptly notify us of any change in address or telephone number, and to pay bills on time. You also agree to make any documents or things under your control available to us at reasonable times and places for such conferences as may be necessary from time to time. In the event of your failure to comply with the above, we reserve the right to withdraw as counsel in this matter. We anticipate that our relationship will be mutually satisfactory and urge you to notify us immediately, if, at any time and for any reason, our professional services do not fulfill your expectations. II. Basis of Fees and Expenses — Typical Services Our fees and expenses will be billed on a monthly basis. The Firm will provide you with statements that will show, for the period designated on the statement, the costs advanced and the attorneys' fees calculated as a multiple of hourly rates. The statements will be reviewed before they are issued to ensure that the amount charged 1100 Main Street, Suite 2700 Kansas City, MO 64105 ph 816.256.3181 www.gravesgarrett.com Graves Garrett LLC K. Rose March 29, 2021 Page 2 of 3 is appropriate. Although my hourly rate is $655 per hour, I have agreed to bill this matter at a blended hourly rate of $425 for work performed by me, other partners, and associate attorneys. To the extent practicable, paralegals will be utilized at lower hourly rates. (The Firm adjusts its standard rates annually.) Additionally, you will be billed for all expenses incurred on your behalf above and beyond our general office - related expenses. Extraordinary expenses, such as court reporter fees and expert witness fees, generally are billed directly and separately to you. A late charge at the rate of one (1) percent per month is charged on billings outstanding more than thirty (30) days from the date of the invoice. III. Client Documents Our Firm will maintain your file for six years after this matter concludes. You may request the file at any time during, upon conclusion of, or after conclusion of this matter. The file will be destroyed six years after conclusion of the matter without further notice to you. IV. Questions and Termination Although we are confident that you will be satisfied with our representation, please inform us if at any time you are not completely satisfied with our professional services. We recognize that you have come to this Firm and have decided to retain us because of your desire to have the benefits of this Firm's expertise. If, during this representation, you feel that any of the Firm's relationships or other representations may be adverse to our representation of you, you agree to inform us immediately so we may discuss and hopefully resolve any such concerns. Both you and Graves Garrett LLC have the right to end this representation at any time by giving reasonable advance written notice. All outstanding bills must be paid promptly in accordance with the terms of this Agreement. V. Modification and Applicable Law This Agreement constitutes the sole agreement of the parties and supersedes any and all prior understandings or written or oral agreements between the parties hereto respecting the subject matter herein. Furthermore, any modification of this Agreement will be of no effect unless it is written and executed by both you and our Firm. This Agreement shall be construed under and in accordance with the laws of the State of Missouri. In the event one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any of the other provisions thereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision has never been contained herein. 1100 Main Street, Suite 2700 Kansos City, MO 64105 ph 816.256.3181 www.gravesgarrett.com Graves Garrett LLC VI. Conclusion K. Rose March 29, 2021 Page 3 of 3 Thank you for the trust you have expressed in this law firm. We look forward to working with you not only in connection with this matter, but also with respect to any other matter for which you may have need of our services. Please be assured that we will do our utmost in representing your interests. In conclusion, it is my understanding that you consent to this firm's representation as counsel in this matter on the terms and conditions set forth above. By signing your name below, you acknowledge that: (1) you have received a copy of this Agreement; (2) you have had an opportunity to discuss the contents with us; and (3) you understand, accept, and agree to abide by the terms of the Agreement. If you have any questions or comments regarding any of these matters, please do not hesitate to call. Thank you for the trust you have expressed in this law firm. Sincerely, (Nif4 Todd P. Graves AGREED to and ACCEPTED this 3('1L' day of City of verside Mayor Kathy Rose Awa ( � , 2021. 1100 Main Street. Suite 2700 Kansas City, MO 64105 ph 816.256.3181 www.gravesgorrett.com