HomeMy Public PortalAboutORD12087 BILL NO. 94-22
SPONSOR Nilges & Bertel
ORDINANCE NO. 12087
AN ORDINANCE AUTHORIZING RETENTION OF THE LAW FIRMS OF NICKOLAUS,
GREEN & BEETEM AND HENDREN AND ANDRAE FOR THE PURPOSES OF
PROVIDING LEGAL SERVICES RELATED TO THE FLOOD BUYOUT PROGRAM.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
t Section 1: The Mayor and City Clerk are hereby authorized and directed to
execute engagement letters with the law firms of Nickolaus, Green & Beetem and
Hendren and Andrae for legal services related to the Flood Buyout Program. The law
firm of Nickolaus, Green & Beetem is to serve as the primary counsel while the law firm
of Hendren and Andrae is to perform work where there is a conflict with Nickolaus,
Green & Beetem or to provide services when the workload exceeds capacity.
Section 2: The engagement letters shall be substantially the same in form and
content as those attached hereto as Exhibit A pertaining to Nickolaus, Green & Beetem
and as Exhibit B pertaining to Hendren and Andrae.
v Section 3: This Ordinance shall be in full force and effect from and after its
passage and approval.
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Passed: -I -gl( Approved: / 9
Presiding r
Mayo
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ity Clerk
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CONTRACT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT, made and entered into this liff da y
of , 1994, by
and between the City of Jefferson City, Missouri, a municipal corpVratioighcrcinaftcr referred to
as "City" with offices at 320 East McCarty, Jefferson City, Missouri, 65101, and Nickolaus,
Green &Beetem, hereinafter referred to as the "Attorney." `
WITNESSETH:
THAT, WHEREAS,the City desires to engage the Attorney to render certain technical and =
`Y professional legal services hereafter described in Exhibit A. I
;µpr WHEREAS, the Attorney made certain representations and statements to the City with
' `. respect to the provision of such services and the City has accepted said proposal to enter into a {
?� contract with the Attorney for the performance of services by the Attorney.
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NOW,THEREFORE, for the considerations herein expressed, it is agreed by and between
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the City and the Attorney as follows: "
1. Scope of Services. The City agrees to engage the services of the Attorney to perform the
services hereinafter set forth in connection with project described in Exhibit A.
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2. Additional Services. The City may add to Attorney services or delete therefrom activities
of a similar nature to those set forth in Exhibit A,provided that the total cost of such work does not
t exceed the total cost allowance as specified in paragraph 6 hereof. The Attorney shall undertake such
changed activities only upon the direction of the City. All such directives and changes shall be in
written form and approved by the City Counselor and shall be accepted and countersigned by the
Attorney or its agreed representatives.
3. Existing Data. All information, data and reports as are existing, available and necessary for
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the carrying out of the work, shall be furnished to the Attorney without charge by the City, and the
City shall cooperate with the Attorney in every reasonable way in carrying out the scope of services.
j . The Attorney shall not be liable for the accuracy of the information furnished by the City.
4. Personnel to be Provided. The Attorney represents that Attorney has or will secure at its
expense all personnel required to perform the services called for under this contract by the Attorney.
Such personnel shall not be employees of or have any contractual relationship with the City except
as employees of the Attorney. All of the services required hereunder will be performed by the
Attorney or under the Attorney's direct supervision and all personnel engaged in the work shall be
fully qualified and shall be authorized under state and local law to perform such services.None of
the work or services covered by this contract shall be subcontracted except as provided in Exhibit
A without the written approval of the City.
5. Compensation, The City agrees to pay the Attorney in accordance with the terms set forth
in Exhibit A,which shall constitute complete compensation for all services to be rendered under this
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r contract. The final payment will be subject to receipt of a requisition for payment and a statement
N' of services rendered certifying that the Attorney fully performed all work to be paid for in such
progress payments in conformance with the contract. Such compensation will be paid in progress
payments, as specified in Exhibit A. No change in compensation shall be made unless there is aj
substantial and significant difference between the work originally contemplated by this agreement
and the work actually required. .,
,:. 6. Failure to Perform. Cancellation, If, through any cause, the Attorney shall fail to fulfill in
timely and proper manner its obligations under this contract, or if the Attorney shall violate any of
the covenants,agreements,or stipulations of this contract,the City shall thereupon have the right to }
terminate this contract by giving written notice to the Attorney of such termination and specifying .
k the effective date thereof, at least five (5) days before the effective day of such termination. The
Attorney may without cause terminate this contract upon 30 days prior written notice. In either such
event all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
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p gr p , and reports or other materials prepared by the Attorney under this contract shall, at the
} N4, option of the City,become its property, and the compensation for any satisfactory work completed
on such documents and other materials shall be determined.Notwithstanding the above,the Attorney - '
shall not be relieved of liability to the City for damages sustained by the City by virtue of any such
breach of contract by the Attorney.
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7. Assimment., The Attorney shall not assign any interest in this contract, and shall not transfer ?
any interest in the same (whether by assignment or novation), without prior written consent of the
City thereto. Any such assignment is expressly subject to all rights and remedies of the City under
`z; r this eemen including the right to change or delete activities from the contract or to terminate the
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' same as provided herein and no such assignment gnment shall require the City to give any notice to any such
assignee of any actions which the City may take under this agreement,though City will attempt to
q so notify any such assignee.
g. Confidentiality. Any reports, data or similar information given to or prepared or assembled
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by the Attorney under this contract which the City requests to be kept as confidential shall not be
made available to any individual or organization by the Attorney without prior written approval of
the City.
9. Nondiscrimination. The Attorney agrees in the performance of the contract not to
x discriminate on the grounds or because of race, creed,color,national origin or ancestry, sex,religion,
handicap,age or political affiliation,against any employee of Attorney or applicant for employment
E and shall include a similar provision in all subcontracts let or awarded hereunder.
"5 10. Independent Attorney. The Attorney is an independent attorney and nothing herein shall
f constitute or designate the Attorney or designate the Attorney or any of its employees as agents or
employees of the City.
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11. Benefits not Available., The Attorney shall not be entitled to any of the benefits established
for the employees of the City nor be covered by the Workmen's Compensation Program of the City.
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l" 12. Nonsoliddatign. The Attorney warrants that he has not employed or retained any company
or person, other than a bona fide employee working solely for the Attorney,to solicit or secure this
` Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide
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or the Attorney, any fee, commission,percentage, brokerage fee gifts, or em p t Y ee workin g solely
an other consideration contingent upon or resulting from the award or making of this Contract. For
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breach or violation of this warranty, the City shall have the right to annul this Contract without
liability,or,in its discretion,to deduct from the Contract price or consideration,or otherwise recover
the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee.
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14. Eooks, a—nd Recordp. The Attorney and all his partners/associates shall maintain all books,
documents,papers, accounting records and other evidence pertaining to costs incurred in connection
' < with this Contract, and shall make such materials available at their respective offices at all
reasonable times during the Contract and for a period of three(3)years following completion of the
Contract.
15. Delays, The Attorney shall not be liable for delays resulting from causes beyond the
reasonable control of the Attorney; the Attorney has made no warranties, expressed or implied,
which are not expressly set forth in this Contract; and under no circumstances will the Attorney be
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liable for indirect or consequential damages.
16. Notic—All notices required or permitted hereunder and required to be in writing may be
given by first class mail addressed to City of Jefferson, c/o City Clerk , 320 East McCarty Street,
a Jefferson City,Missouri 65101, and Nickolaus, Green& Beetem,Attorneys at Law, 333 Madison
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Street,P. O. Box 1112,Jefferson City, Missouri 65102. The date and delivery of any notice shall
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be the date falling on the second full day after the day of its mailing.
EXECUTED THIS DAY OF , 1994.
NICKOLAUS, GREEN &BEETEM) P C. CITY OF JEFFERSON, MISSOURI
tle:
A S ST:
Ti W IfIr City Cl
APPR VED AS FORM:
City Counselor
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EXHIBIT "A'
a ` SCOPE OF SERVICE
The law firm of Nickolaus, Green & Beetem agrees to provide legal representation to the City of
Jefferson, Missouri, concerning the City's Flood Buyout Program in the purchase of certain real
properties within the Counties of Cole and Callaway, Missouri, The work of Nickolaus, Green&
Beetem is to be performed at the direction of the City.
Fee for the legal services performed by Nickolaus, Green&Beetem will be at the rate of Sixty-five
Dollars($65.00)per hour,. This rate includes all ordinary expenses, such as copies, facsimile charges
' and postage. The law firm will bill extraordinary expenses, such as outside copying, overnight mail
and postage of more than five(5) ounces. The City will be billed periodically for theses expenses
and the City agrees to reimburse the law frmm within thirty(30) days of receipt of such statement.
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In addition, the Contract for Professional Services between the City of Jefferson, Missouri, and
Nickolaus, Green&Beetern is subject to the following:
1. General Requirements:
The contractor shall provide professional and reliable legal consultant services
for the Law Department in accordance with the terms and conditions of this
Request for Quotations.
1.1 The contractor shall provide legal consultant services on an as needed, if
needed basis for the purchase of properties in flood damaged areas of the
City of Jefferson.
1.2 The Law Department makes no
P guarantee of a specific case load or
amount of work which may be required under the contract. The City will
be acquiring approximately 150 properties.
1.3 The contractor shall perform services to the sole satisfaction of the Law
Department.
1.4 The contractor shall agree and understand that the contract shall not be
construed as an exclusive arrangement and further agrees that the Law
Department may secure identical and for similar services from other
sources at any time in conjunction with or in replacement of the
contractor's services.
2. Specific Requirements:
For each property assigned the contractor shall perform, but shall not
necessarily be limited to performing, each of the following tasks as requested by
the Law Department:
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2.1 Review program documents for compliance with any local rules or
practice.
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2.2 Assist in clearing title problems that are revealed from title searches
including preparation of title clearing documents.
2.3 Assist in case of a conflict which would prevent the City Counselor from
working on a transaction.
3. Other Requirements:
3.1 The contractor must insure that there is no real or perceived conflict of
interest at any time throughout the effective period of the contract.
3.1.1 The contractor must advise the Law Department if the contractor
is retained by any person that may be or cause there to be a real
or perceived conflict of interest.
3.1.2 The contractor must advise the City Counselor if, in representing
another client, the contractor provides legal counsel or is asked to
provide legal counsel which may be or cause there to be a real or
perceived conflict of interest.
3.1.3 If the contractor has any reason to believe that a conflict of interest
may exist, the contractor must immediately notify the City
Counselor of the situation.
3.2 The contractor shall agree and understand that the Law Department
shall make the final determination as to what constitutes a conflict of
interest and that the decision of the Law Department shall be final and
without recourse. The contractor shall further agree and understand that
a determination by the Law Department of the existence of a conflict of
interest, either real or perceived, may be grounds for termination of the
r' contract.
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Legal Services
Law Firm: Brydon, Swearengen & England 635-7166
Job Cl —Hoprly Rate
David Brydon Shareholder 90.00
`{ Johnny Richardson Shareholder
Sondra Morgan 90.00
g Associate 70.00
Sarah Maxwell Associate 70.00
Mark Anderson Associate 70,00
Dean Cooper Associate 70,00
Lave Finn: Nickolaus, Green& Beetem 636-9974
Nathan Nickolaus Partner 65.00
4 Law Finn: Hendren and Andrae
636-8135
Duane Schreimann Partner 75.00
John Kuebler Associate 75.00
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