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HomeMy WebLinkAbout2009-148 - Armstrong TeasdaleBILL N0.2009-148 ORDINANCE N0.2009-148 AN ORDINANCE AUTHORIZING THE MAYOR TO EMPLOY ARMSTRONG TEASDALE LLP AS OUTSIDE LEGAL COUNSEL FOR CERTAIN MATTERS WHEREAS, Armstrong Teasdale LLP (the "Firm") has previously provided legal services to the City as city attorney; and WHEREAS, it is in the best interest of the City that the Firm continue to provide legal services to complete certain matters it has been engaged in as outside legal counsel. NOW THEREFORE, be it ordained, by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The Mayor is hereby authorized to sign on behalf of the City the attached Engagement Agreement with Armstrong Teasdale LLP to represent the City in regard to the matters set out in the scope of the work. Section 2. This and shall be in full force and effect immediately upon passage. Passed this 20a` day of October, 2009. G:~~G~G~L/C~iLtJ ayor Kathleen L. Rose ATTE C' Clerk ARMSTRONG TEASDALE LLP MISSOURI I KANSAS I ILL1N01S I NEVADA ~ SHANCHAL ATTORNfiYB AT LAW Septomber 10, 2009 City of Riverside, Missouri ATTN: David Blackbum City Administrator 2950 N.W. Vivion Road Riverside, MO 64150 Dear Mr. Blackburn: This letter sets forth the agreement between Armstrong Teasdale LLP (the "Firm") and the Ciiy of Riverside, Missouri ("City") for the limited continued representation of the City by the Firm. Client. Our client in this matter will be tha City of Riverside, Missouri. Scope of Engagement. We have been engaged to assist the City in connection with the matters set forth in the Scope of Work attached hereto. All work will 6e performed only as requested by the City Administrator or City Attorney. We have agreed that our engagement is limited to performance of services related to these matters. Because we aze not ycur Ciiy Attorneys of general counsel, our acceptance of this engagement does not involve an undertaking to represent you or your interests in any other master. We may agree with you to limit or expand the scope of our representation from time to time, provided that any such change is confirmed by the City and by the Finn in writing. Feea. While we anticipate most of our work for you wilt be performed by Deborah Polk, John Vering, Dione Greene and David Kornelis, we may utilize other attorneys of our firm as appropriate. We recognize that cost efficiency is very important to you, and we will make certain that our work to you is completed in acost-effective manner. The basis for computing our fees will be the amount of time spent on the matter by various lawyers and legal assistants multiplied by their individual hourly billing rates. Out hourly billing rates for lawyers currently range from $175.00 per hour for new associates to 5415.00 per hour for senior partners. The individual rates for the primary ariomeys listed above are: Deborah Polk $320.00 John Vering S350.00 1345 GRAND BOULEYARD I SUITE 7000 I KANSAS clTr, AtiS30UR1 64103-1617 I TEL: 313.171941D ~ FAX: 8!6.771.0766 www.trmatrongtersdale.wm , David Blackburn September 10, 2009 Page 2 Dione Greene $200.00 David Kornelis $350.00 ARAlSTRONG TEASDALE LLP Time devoted by legal assistants is charged at billing rates ranging from $100.00 to $160.00 per hour. These billing rates are subject to change from time to time. These are the same rates in affect for work performed for the City prior to the date of this agreement. Costs. We will include on our statements separate charges for performing services such as photocopying, messenger and delivery service, computerized research, travel, long-distance telephone and fax charges, and search and filing fees. You also agree to pay the charges related to copying or digital reproduction of documents for retention in our files. Estimates. Although we may from time to time at your request famish estimates of fees and costs relating to this matter, these estimates are subject to unforeseen circumstances and are by their nature inexact. Although we will use our best efforts to meet such estimates, we cannot be bound by such estimates, except to the extent expressly agreed to in writing. Payment of Statements. Statements normally will be rendered on a monthly basis. Payment is due promptly upon receipt of our statement. If any statement remains unpaid for more than 30 days, we may suspend performing services for you until arrangements satisfactory to us have been made for payment of outstanding statements and the payment of future fees and expenses. You also agree to pay all costs of collection of delinquent invoices, including attorneys' fees and expenses, regardless of whether those fees are attributable to Armstrong Teesdale attorneys or outside attorneys engaged for the purpose of collection. Client Responsibilities. You agree to pay our statements for services and expenses as provided below. In addition, you agree to be candid and cooperative with us and to keep us informed with complete and accurate factual information, documents, and other communications relevant to the subject matter of our representation or otherwise reasonably requested by us. Advice about Possible Outcomes. Either at the commencement or during the course of our representation, we may express opinions or beliefs concerning the matter or various courses of action and the results that might be anticipated. Any such statement made by any lawyer of our firm is intended to be an expression of opinion only, based on information available to us at the time, and should net be construed by you as a promise or guarantee. Termination of Engagement. The City may at any time terminate our services and representation upon written notice to the fimt. Such temtination shall not, however, relieve the City of the obligation to pay for all services already rendered, including work in progress and rema;n;ng incomplete at the time of termination, and to pay for all expenses incurred on behalf of the City through the date of termination. David Blackburn September 10, 2009 Page 3 ARMSTRONGTEASDALELLF We reserve the right to withdraw fram our representation as required or permitted by the applicable rules of professional conduct upon written notice to the City. In the event that we terminate the engagement, we will take such steps as are reasonably practicable to protect the City's interests in the above matter, and the City agrees to take all steps necessary to free us of any obligation to perform further, including the execution of any documents necessary to perfect our withdrawal. We will be entitled to be paid for all services rendered and costs or expenses incurred on behalf of the City through the date of withdrawal. If permission for withdrawal is required by a court or arbitration panel, we will promptly request such permission, and the City agrees not to oppose our request. Conclusion of Representation; Retention and Disposition of Documents. Unless previously terminated, our representation of the City in this matter will terminate upon our sending you our final statement for services rendered in the matter. At your request, your papers and property will be returned to you upon receipt of payment for outstanding fees and costs. Our own files pertaining to the matter will be retained by the firm. These firm files include, for example, firm administrative records, time and expense reports, personnel and staffing materials, and credit and accounting records; and internal lawyers' work product such as drafts, notes, internal memoranda, and legal and factual research, including irrvestigative reports, prepared by or for the internal use of lawyers. All such documents retained by the firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents or other materials retained by us within a reasonable time after the termination of the engagement, and you agree that unless you have otherwise notified us in writing, we will have the right to dispose of files relating to your matter after the matter has been concluded for five years. Post-Engagement Matters. You are engaging the firm to provide legal services in connection with a specific matter. After completion of the matter, changes may occur in the applicable laws or regulations that could have an impact upon your future rights and liabilities. Unless you engage us after completion of the matter to provide additional advice on issues arising from the matter, the firm has no continuing obligation to advise you with respect to future legal developments. Please review this letter carefully. If it meets with your approval, sign the enclosed copy of the letter in the space provided below and return it to us so that we may begin work. AGREED TO AND ACCEPTED: ARM31'RONG TEA9DALE, LLP 13y. ~~ David Blackburn September 10, 2009 Page 4 ARMSTRONG TEASDALELLP Title: _Bartner Date: %d -~' D - D9 AGREED TO AND ACCEPTED: CITY OF RIVERSIDE, MISSOURI sy: (~~ ~i~t.C~C Title: Datc: SCOPE OF WORK 1, riarc' Completion of the Wesl Platte Road Redevelopment Plan and the Redevelopmern Agreement between the City and Briarcliff, working with the County Assessor's Office and the County Collector's Office, and preparing documents required under the Plan and the Redevelopment Agreement. 2. S line: Completion of the Gate Woods Project Plan and the Redevelopment Agreement between the City and Woods, including preparing remaining documents required under the Plan and the Redevelopment Agreement, and the revisions and changes requested by Woods in the NID assistance. 3. Bond Financine: Preparing and filing necessary documents and reports to comply with the bond documents and applicable statutes, collection of TIF Revenues and payment of Reimbursable Project Costs, working with the County Assessor's Office and the County Collector's Office to properly identify and code the various properties within the Redevelopment Project Area 1/III so that TIF Revenues will be collected this year, working with the City to gather and submit costs incurred by the City to the Bond Trustee for TIF reimbursement, working with UMB Bank to provide for such reimbursement, working with the IDA and UMB to provide for such easements on property owned by the IDA. ~ ~kJ 6. P rs nn :Post-trial motions and appeal, if any, in the Echols v. City of Riverside matter. 7. contracts: Completion of the proposed design build contract and bid documents for the Union Hall project.