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HomeMy WebLinkAbout1932 Approving the Form of, and Authorizing the Mayor to Complete and Execute an Agreement by and Between the City of Riverside, MO, Joseph Bednar and Spencer FaneBILL NO. 2023-041 ORDINANCE NO. 19.3 J­- AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI, JOSEPH BEDNAR AND SPENCER FANE REGARDING FEES FOR LEGAL SERVICES WHEREAS, the City of Riverside., Missouri (the "City") has negotiated with Joseph Bednar a Partner in the law firm known as Spencer Fane, LLP, (collectively "Bednar") for the provision of legal services by Bednar to the City; and WHEREAS, the City and Bednar have reached an agreement concerning the provision of the services as an independent contractor. NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of the City of Riverside, Missouri, as follows: SECTION 1 — BEST INTEREST OF THE CITY TO APPROVE THE AGREEMENT. The City of Riverside shall enter into an Agreement to be substantially in the form attached hereto as Exhibit A, with Joseph Bednar and Spencer Fane, LLP, to provide legal services, and as consideration for such services the City shall pay Bednar at the rates set forth in the Agreement and upon such other conditions required by the City. SECTION 2 — AUTHORITY GRANTED. The execution and delivery of the Agreement, with such additions and modifications deemed necessary by the Mayor to complete the same, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. SECTION 3 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 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. Missouri. this 20th day of June 2023. Kathleen L. Rose, Mayor :ATTEST: Robin .Kincaid City Clerk Joys BiONAR Dtu.cr DIN; (573) 230-8515 ibcdmu@q)cnccrfww.com June 16, 2023 Mayor and Board of Aldermen City of Riverside, Missouri Riverside City Hall 2950 NW Vivion Road Riverside, MO 64150 L1 SpencerFane Re: Legal & Governmental Affairs Representation AMENDED ENGAGEMENT LETTER Dear Mayor Rose and Board of Aldermen: The purpose of this Amended Engagement Agreement is to acknowledge recent discussions regarding my continued legal and governmental affairs representation of the City of Riverside on economic development and other matters for which I have served the City. As agreed, a bifurcated rate will be adopted beginning the date upon which the Board of Aldermen and Mayor formally approve this amended Engagement Agreement. My rate for TIF reimbursable matters will be the Standard Rate established by Spencer Fane of $740 per hour. If other attorneys, paralegals or lobbyists are needed they too will be compensated at Spencer Fane's Standard Rate. All rates are subject to an annual increase if approved by the City. Currently Richard Mersman, Allison Tanner, Brian Bear and Kelli Stiles have worked on TIF Reimbursable matters and their Standard Rates for 2023 are $690, $540, $550 and $285. For any non -reimbursable services my rate will be discounted by 30%, or $518 per hour, the rate of others would be reduced a minimum of 20% or other agreed upon reduced rate. For example, for Mersman, Tanner, Bear and Stiles no -reimbursable rates would be $552, $432, $440 and $228. I will submit to you itemized statements for all services rendered by Matter on a monthly basis. Should you ever have questions regarding any monthly statement you receive, please feel free to call me for clarification. You will not be responsible for the following expenses incurred as a result of my representation, long distance telephone calls, copy costs or mileage. You have the right to terminate my services at any time. Similarly, I may withdraw from my representation of you should you fail to disclose any material facts, or act contrary to my advice or if any other item occurs that, in the film's judgment, impairs our ability to continue an effective relationship. 304 EAST HIGH STREET. JEFFERSON CITY, MO 6S101-3213 1573.634.8115 1 FAX 573.634.8140 1 spencerfane com June 16, 2023 Page 2 Although I will perform professional services on your behalf to the absolute best of my ability, I cannot make and have not made any guarantees regarding the outcome of these matters. My expressions to you regarding the outcome are my best professional opinions only and arc limited by my knowledge at the time they are expressed. PIease acknowledge your acceptance of the terms stated above by signing where indicated below and returning a copy to me in the self-addressed, postage paid envelope. S' ly, Joe Bednar JPB/kds a Kat Y Rose _ _ Date