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