HomeMy WebLinkAbout2075 Appointing Lauber Municipal Law as Special Counsel BILL NO. 2025-036 ORDINANCE NO. 2075
AN ORDINANCE APPOINTING LAUBER MUNICIPAL LAW 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 Lauber Municipal Law is hereby employed as special
legal counsel for the City of Riverside to assist the City, as requested by the Mayor or City
Administrator, with legal services related to employment and personnel related issues, including
representation, counsel and advice in any litigation related to such matters. The Mayor is
authorized to execute the attached engagement letter.
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 15th day of April 2025.
Mayor Kathleen L. Rose
ATTEST:
Robin Kincaid, City Clerk
L
LAUBER MUNICIPAL LAW
Sir
April 11,2025
City of Riverside
Attn:Kathy Rose,Mayor
2920 N.W.Vivion Road
Riverside,Missouri 64150
RE: Special Counsel-General Municipal Legal Services
Dear Mayor Rose:
Lauber Municipal Law,(the"Firm")is grateful for the opportunity to provide Special Counsel-
General Municipal legal services to the City of Riverside (the "Matters"). I am submitting this letter
to you to serve as the written agreement for my firm's engagement to provide legal services to the City
concerning the matters.
The City will be our client for this engagement. I will primarily be responsible for the
engagement on behalf of the Firm; however, other experienced municipal attorneys in our firm may
also provide legal services pursuant to this engagement.The scope of this engagement will be limited
to the provision of legal services for the Matters described above unless otherwise directed by you.
The hourly rate for all attorneys is set at$240 per hour. Any work completed by law clerks or
paralegals (non-attorneys) will be billed at $100 per hour. The Firm reserves the right to charge an
hourly rate less than those indicated in this agreement at its sole discretion. The hourly rates for are
subject to annual adjustment as described in the Additional Terms of Engagement. We take seriously
what we believe is our responsibility to provide legal services within the City's budgetary resources.
The City is not required to utilize a minimum number of hours each month. We bill the hourly
rates in one-tenth hour increments and provide the City with detailed monthly statements after
services have been provided.
For economic development matters that are reimbursed by the applicant or project pursuant
to a funding agreement,the hourly rate will be at the Firm's then-current economic development rate,
which is currently$320 per hour. Economic development matters not reimbursed by an applicant or
project pursuant to a funding agreement will be charged at the standard rate of$240 per hour.
The enclosed Additional Terms of Engagement will govern the general terms of this
relationship unless otherwise agreed to in this engagement letter. If you have any questions concerning
308 E. High St.Jefferson City,MO 65101.Office(660)672-4597
www.laubermunicipallaw.com
the terms of this engagement,or if you ever have a question about our charges,or their reasonableness,
please contact us at your convenience to discuss the matter. Our engagement as special counsel-
general municipal legal services will begin upon my receipt of a signed copy of this agreement (by
email,fax,U.S.Mail or hand delivery).I look forward to a continued good and productive relationship.
Kindest regards,
LAUER MUNICIPAL LAW
Todd T. Smith
CITY OF RIVERSIDE, MISSOURI
Accepted and agreed:
I� (signature) (date)
By: Yl A EC L. `KO ) Li 0rg.._
(name), (title)
308 E. High St.Jefferson City,MO 65101.Office(660)672-4597
www.laubermunicipallaw.com
L
LAUBER MUNICIPAL LAW
`c11< tilt I)I t/z
Additional Tcrms of Engagement
Lauber Municipal Law,(the"Firm"),appreciates the opportunity to serve you. Our goal is to provide legal
services that address your legal needs effectively and efficiently through our offices in Lee's Summit,Jefferson City,
and Springfield. The following information explains the client service practices and billing procedures that apply to
our representation of your interests (unless you have reached a different written understanding with us). We
encourage you to discuss these practices with us whenever you have questions during this engagement.
Provision of Legal Services. This engagement is for the provision of professional legal services,and not
for the provision of business, personal, accounting, technical, or other advice not constituting legal services. It is
agreed that the client is not relying upon counsel in this engagement for advice in areas other than professional legal
services,even if such matters should be discussed in connection with the engagement.
Entire Agreement. The accompanying engagement letter together with these Additional Terms of
Engagement shall constitute the entire agreement between us concerning the engagement,and shall not be modified
or supplemented,except in a subsequent writing signed by the parties. These documents are intended to supersede
all prior documents related to the same matter.
Expectations. Upon hiring the Firm, you have put at your disposal the resources of multiple attorneys
who practice municipal law exclusively;in essence,you have hired a full law department. To serve the needs of all
our municipal clients quickly and efficiently,it is our business practice to attempt to acknowledge all calls and e-mails
within one business day of when they are received. We generally prefer that you contact us via e-mail or call our
office at(816)525-7881,unless you have a different arrangement with your primary attorney. Text messages or calls
to our cell phones are not as easy to track and should generally be limited to matters requiring immediate attention.
Text messages or calls to our cell phones should not be used to communicate general requests for work to be
completed. Messages received after 5:00 p.m.will be treated as though received on the following business day. We
will make every effort to complete assignments communicated to us using appropriate channels within five business
days. If a situation exists that requires a more immediate response or completion date,be sure to communicate this
at the time you contact us regarding the matter. Please be sure to allow our attorneys adequate time to review
documents and provide solutions prior to your meeting packet deadlines.
Subcontractors. From time-to-time,it may be necessary for us to engage subcontractors to assist in the
provision of services to you. It is agreed that we are not authorized to engage any such subcontractors without the
prior approval of authorized City officials.
Periodic Billings for Legal Services. It is our policy to render periodic statements for legal services
monthly. We will base these periodic statements on the hourly rates set forth in the attached Engagement Letter.
Statements will be due upon receipt and are to be paid no later than 30 days following the invoice date. If any
statement amount remains unpaid 30 days after the invoice date,the Firm reserves the right at its sole discretion to
elect to charge a reasonable late fee or to terminate its services, or both, consistent with applicable Rules of
Professional Conduct.
Annual Rate Adjustment. All hourly rates for legal services provided by the Finn are subject to annual
adjustment,at the sole discretion of the Firm,with written notice of at least thirty days.
308 E. High St.Jefferson City,MO 65101•Office(660)672-4597
www.laubermunicipallaw.com
Client Disbursements. Some matters require, from time to time,certain monetary advances to be made
on your behalf by the Firm. Some"client disbursements"represent out-of-pocket charges that the Firm advances,
while others represent internal costs (including costs such as fees for service of process,court filing fees,deliveries,
etc.). It is understood that while acting as your attorney,we have the authority to use our best judgment in making
such expenditures on your behalf. Unless we have made prior arrangements with you,we will send you monthly
billings for client disbursements incurred during the preceding month. Substantial individual items in excess of$250,
such as expert witness fees, court reporter fees, deposition transcripts, etc., may be billed directly to you by the
vendor of such services.
File Retention. After the Firm's services conclude,you may obtain the file for this engagement from the
applicable office. If you do not obtain the file,we will retain it for a period of six years after the matter is closed. If
you do not obtain the file before the end of the six-year period,the Firm will have no further obligation to retain the
file and may,at our discretion,destroy it without further notice to you. At any point during the six-year period,you
may obtain the file.
Disbursements and Other Charges. We may charge the City for certain expense items listed below that
we provide in connection with the legal services:
Photocopying. We will not charge the City for in-house photocopies which do not exceed 100 copies in a
month. If in-house photocopies exceed 100 in a month,then we reserve the right to charge$0.15 per page (or the
Firm's cost,whichever is less) but only for each page over 100 in number. If the need to utilize an outside copy
service arises,we only bill the actual cost incurred for photocopying without markup.
Computer Research. We do not charge for the Firm's service agreement with LexisNexis or other electronic
provider of legal research resources.
Telecommunications. We do not charge for local or long-distance phone calls or facsimiles.
Mail/Messengers. We do not charge for regular mail;however,bulk mailings,packages and special postal
services may be charged at the Firm's actual cost. Messengers are used as appropriate to assure expedited delivery.
The actual cost of such messenger services is charged without markup.
Travel. Unless we have a different written agreement with you,we will not bill for the first 30 minutes of
travel to and from the applicable Firm office to City Hall. To the extent requested by the City,electronic attendance
via Zoom or similar video platform is available as a cost-effective substitute for in-person meetings.
Internet Usage. We regularly use the Internet as a means for communicating about matters concerning your
representation. Any such communication could be randomly intercepted and otherwise used or disclosed by anyone,
including someone specifically interested in your matter or business. This could cause you to lose your confidentiality
and attorney/client privilege protections. However,to facilitate your representation,you approve the use of Internet
communications during your representation by us unless we are instructed otherwise.
Termination of Services. You may terminate the services of Lauber Municipal Law at your discretion by
giving us 30 days written notice of termination. We retain the right to cease performing legal services and to terminate
our legal representation for any reason consistent with ethical rules,including conflicts of interest or the failure to
pay legal fees and expenses when due. Termination by us will be effective upon 30 days written notice delivered to
you. Our termination or your termination of services does not affect your obligation to pay legal fees and expenses
incurred prior to the effective date of such termination.
Questions. One of our goals is to ensure that legal services are delivered effectively and efficiently, and
that all billings are accurate and understandable. Please direct any questions about services,billing,or payment status
of your account to your primary attorney or one of the Firm's partners.
308 E. High St.Jefferson City,MO 65101.Office(660)672-4597
www.laubermunicipallaw.com