HomeMy WebLinkAbout1877 Approving Agreement with Graves Garrett LLC for Legal ServicesBILL NO. 2022-054
ORDINANCE NO.
7
AN ORDINANCE APPROVING AN AGREEMENT BET EEN THE CITY OF
RIVERSIDE AND G VES GARRETT LLC FOR LEGAL SERVICES
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 I — APPOINTMENT. That Graves Garrett LLC is hereby employed as special
legal counsel of 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 its passage and approval.
BE IT REMEMBERED that the above was PASSED AND APPROVED by a majority
of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this
iay cat`€ 2022.
ATTEST:
obin'Iin,itl; "it Clrk
E IBIT A
LEGAL SERVICES AGREEMENT
Dane C. Martin Todd P. Graves
816.285.3053 phone 816.256.3173 phone
816.256.5958 fax 816.817.0780 fax
m a rti m@gr ave. s rre t cam t araye sq'P, gr a Nte s rre rt. co ill
September 16, 2022
Via Electronic Mail
City of Riverside
Mayor Kathy Rose
2950 NW Vivion Rd.
Riverside, MO 64150
Re: Representation regarding process audit
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.
1. 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
is appropriate. 1 have agreed to bill this matter at a blended hourly rate of $425 for
work performed by myself, partners, and other 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.
VI. Conclusion
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,
Dane C. Martin
AGREED to and ACCEPTED this day of
(ivf of Iriverside
Mayor kal hy Rose
Graves Garrett 1«
Dane C. Martin
816.285.3053 phone
816.256.5958 fax
dmartin@gravesgarrett.com
Tuesday, February 28, 2023
Via USPS
City of Riverside
Mayor Kathy Rose
2950 NW Vivion Rd.
Riverside, MO 64150
Re: Representation regarding process audit
Dear Mayor Rose:
This letter confirms the termination of our engagement following completion
of the process audit. With your payment on February 24, 2023, your balance with the
firm is settled.
Thank you for the opportunity to represent you in this matter. Please feel free
to contact me if you have any questions or concerns.
Sincerely,
—3W915-V;I�
Dane C. Martin
1100 Main Street,Suite 2700 Kansas City,M4 64105 0816.256.3181 www,gravesocirrert.com