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Home My WebLink About1824 Appointing Ensz and Jester, P.C. as Special Legal Counsel BILL NO. 2022-001 ORDINANCE NO. r 3,4 AN ORDINANCE APPOINTING ENSZ AND JESTER, P.C. AS 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 FOR THE CITY OF RIVERSIDE, MISSOURI, as follows: SECTION 1 — APPOINTMENT. That Ensz and Jester, P.C. is hereby employed as special legal counsel for the City of Riverside in connection with personnel matters, and the Mayor is hereby authorized to execute the attached engagement letter agreement on behalf of the City. SECTION 2 — FURTHER AUTHORIZATION. That the City Administrator and such other officials of the City may execute any other additional documents or take such other actions as are necessary, incidental or expedient to carry out the intent of the agreement approved and the authority granted herein. SECTION 3 — EFFECTIVE DATE. That this ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this ark' day of 2022. /11``41412/ efr, Mayor Kathleen L. Rose ATTEST:• • : , Robin Kincaid, City Clerk CONTRACT FOR LEGAL SERVICES This agreement is made, effective as of this day of Beee rb�r, �1, by and between the CITY OF RIVERSIDE, MISSOURI (hereinafter referred to as "CLIENT"), and the law firm of ENSZ AND .TESTER, P.C. of 1100 Main Street, Suite 2121, Kansas City, Jackson County, Missouri 64105 (hereinafter referred to as"ATTORNEYS"). The parties agree as follows: Subject of Employment CLIENT retains and employs ATTORNEYS to represent CLIENT in regards to providing advice on general personnel matters,including but not limited to disciplinary issues,discrimination complaints and concerns,benefit questions,general human resources related inquiries and the like. Attorneys' Hourly Fees It is agreed by and between the CLIENT and the ATTORNEYS that CLIENT shall pay ATTORNEYS an hourly fee for legal services actually performed for CLIENT by ATTORNEYS. The hourly rate for principals shall be $200.00 per hour, the hourly rate for associates in the firm shall be $150 and the hourly rate for paralegals shall be $75.00 per hour. Time will be bill in increments of one-tenth of an hour and bills will be submitted monthly with payment due within 30 days of submission of the bill. Billings will run through the tenth day of each calendar month. Costs and Other Expenses In the event costs, necessary disbursements, and reasonable travel expenses are incurred by ATTORNEYS in advancing CLIENT's cause are to be borne by CLIENT and paid by CLIENT in addition to ATTORNEYS' fee. Billings ATTORNEYS may submit monthly billings to CLIENT for costs and other expenses. Failure to pay interim billings promptly will permit ATTORNEYS,after written notice to the CLIENT,to terminate ATTORNEYS' representation of CLIENT. Employment of Experts and Investigators ATTORNEYS must obtain consent from CLIENT before retaining any and all experts or investigators. If approved by CLIENT, fees charged by such expert witnesses and/or investigators may be advanced by ATTORNEYS and charged to CLIENT as advanced costs. Power of Attorney to Execute Documents CLIENT gives ATTORNEYS a power of attorney to execute all documents in connection with the defense to any employment claims made by current or former employees of the City of Riverside, Missouri. This includes but is not limited to pleadings, contracts, settlement agreements, compromises and releases, verifications, dismissals, orders, and all other documents that CLIENT could properly execute. Law to Govern Contract It is agreed that this agreement shall be governed by,construed,and enforced in accordance with the laws of the State of Missouri. Entire Agreement This agreement constitutes the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on either party except to the extent incorporated in this agreement. Modification of Agreement Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. Notice Any notice required or contemplated under this agreement shall be in writing and shall be deemed to have been duly served if delivered in person to the party for whom it is intended, or if delivered at or sent by registered or certified mail to the address of the person for whom it is intended, as specified in this agreement. Severability In the event that any 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, the other provisions of the agreement shall not be affected, and the agreement shall be construed as if the invalid, illegal or unenforceable provisions had never been contained in it. Duties CLIENT agrees to cooperate with ATTORNEYS,to keep ATTORNEYS informed of any developments that are relevant to the case, to faithfully comply with this agreement, to pay ATTORNEYS' fees on time, and to keep ATTORNEYS advised of CLIENT's address and telephone number and any changes of such address or telephone number. CLIENT also shall appear on reasonable notice at any and all meetings, depositions,and court appearances,whenever ATTORNEYS deem appearance necessary, and shall comply with all other reasonable requests of 2 ATTORNEYS in connection with the preparation and presentation of the herein referenced claims of CLIENT. Related But Unknown Matters CLIENT represents that CLIENT does not know of any related legal matters that would require legal services to be provided under this agreement. Such related matters might include, among other things, claims for personal injury, employment discrimination, workers' compensation or other employment benefits. If such matters arise later, CLIENT agrees that this agreement does not apply to any such related legal matters,and a separate agreement for provision of services and payment for those services will be required if CLIENT desires ATTORNEYS to perform that additional legal work. Acknowledgement of Parties Both CLIENT and ATTORNEYS have read and agree to this Contract for Legal Services. CITY OF RIVERSIDE, MISSOURI ENSZ&JESTER, P.C. By GL�� By 3 ATTORNEYS in connection with the preparation and presentation ol'the herein referenced claims of CLIENT. Related But Unknown Matters CLIENT represents that CLIENT does not know of any related legal matters that would require legal services to be provided under this agreement. Such related matters might include, among other things, claims for personal injury, employment discrimination, workers' compensation or other employment benefits. If such matters arise later,CLIENT agrees that this agreement does not apply to any such related legal matters.and a separate agreement for provision of smices and payment for those services will be required if CLIENT desires ATTORNEYS to perform that additional legal work. Acknowledgement of Parties Both CLIENT and ATTORNEYS have read and agree to this Contract for Legal Services. CITY OF RIVERSIDE, MISSOURI ENSZ& JESTER,P.C. By 4 By � - 3