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Home My WebLink About8.c. City Attorney Contract Renewal/Selection Process : r 3 CITY OF ROSEMOUNT EXECUTIVE SIINmiARY FOR ACTION CITY COUNCIL MEETING DATE: September 21, 1993 AGENDA ITEM:City Attorney Contract AGE'NDA SECTION: Renewal/Selection Process Old Business _ PREPARED BY: Stephan Jilk AGENDA �� ATTACHI�IENTS: Current Contract AP OVED Y: The current contract with the law firm of Fluegal, Mo nihan an iles ' expires on December 31st, 1993 . This contract was initially tered into on January 1, 1992 with the law firm of Hertogs, Fluegal, Sieben, Polk, . Jones and LaVerdiere, P.A. .On August 31st, 1992 that 1aw firm split and the City joined with the new firm of Fluegal, Moynihan and Miles to continue the contract under the same terms. The firm provides legal prosecution services, general legal .services and property acquisition and condemnation services through this contract. On occasion, the City has chosen to utilize other law firms to provide legal services in special areas of law. I would see options for selecting legal services as follows: 1)Negotiate a contract with the Fluegal, `Moynihan & Miles firm. 2)Negotiate a contract with a different firm. , 3)Request proposals from all firms that are interested in providing these services, interview potential firms and select a firm after negotiating a contract. 4) Hire a full time attorney on staff. s� ,�,o:�-Fa�. N� ��;.s� ��.�.� n�, �►.� �/� � I would suggest that though our legal fees easily exceed the cost of , employing one full time attorney that we would not, at this time, benefit from such an arrangement. I would further recommend against simply entertaining the negotiation of a contract with a firm without going through a credible open selection process. I believe options #1 and #3 are reasonable and should be pursued. Deciding which of these two options you would choose depends, I believe, on the level of satisfaction with the firm of Fluegal, Moynihan and Miles. Based on the last several months of service provided by the firm I would be comfortable in recommending continuing with that firm. But, as the City Attorney works with and is appointed by the City Council, . the City COuncil must be totally comfortable with whatever firm is hired. If there is satisfaction with their services there is no reason to go through the ' process of advertising, interviewing and selection. We should simply negotiate a new contract with the firm. I don.'t believe it to be very productive to spend the time selecting a new law firm just to change every couple of years. The need for consistency in this area is extremely important. At this time I would recommend that the Council have discussion on this matter and reach consensus on which of the two options you wish to proceed ' on. RECONIl�lEND£D ACTION:None COUNCIL ACTION: 1� CONTRACT FOR LEGAL SERVICES This Contract for Legal Services (the "Contract" ) , is made this 9th day of September, 1992, by and between the City of Rosemount (the "City" ) and Fluegel Moynihan & Miles, P .A. (the "Law Firm" } . RECITALS: 1 . The City entered into a Contract for Lega1 Services with the firm of Hertogs, Fluegel, Sieben, Polk, Jones & LaVerdiere, P.A. for the period from� January 1 , 1992 through December 31, 1993 . 2 . On August 31 , 1992, the attorneys principally performing legal services for the City left the firm of Hertogs, Fluegel, Sieben, 'Polk, Jones & LaVerdiere and formed a new firm by the name of Fluegel Moynihan & Miles . . � 3 . On September 1, 1992, the City Council voted to transfer a11 City legal files to the £irm of Fluegel Moynihan & Miles for the duration of the contract previously entered into with Hertogs, Fluegel, Sieben, Polk, Jones & LaVerdiere, P.A. NOW, THEREFORE, in consideration of the premises, the City and the Law Firm do hereby make the following Contract for Legal Services: _ _ 1 . F�mployment of Law Fi�. The City agrees to, and hereby does, employ the Law Firm to provide its legal services on the terms and conditions set forth below. 2 . Services and Compensation. The. Law Firm shall provide the City' s legal services on the following basis: 1 , �!,, A. Flat Maximum Fee. The following legal services shall be provided at an amount not to exceed $63, 000 . 00 for all of 1992, including fees previously paid to Hertogs , Fluegel, Sieben, Polk, Jones & La��erdiere, and an amount not to exceed $69 , 000 . 00 for 1993 . These fees would be split as follows based upon the expected legal service needs of the City: 1992 1993 General Legal Services $14 , 000 $15,400 Prosecution Leg�l Services $4? , 000 $51, 400 Port� Authority Services S 2 ,000 $ 2, 200 Totals $63, 000 $69, 000 These legal services shall include advice to the City Council, Plann��g Commission, Utility Commission, Parks and Recreation Committee, Port Authority and other committees and staff, including attending City i.�Lzr�cil meetings, Port Authority � � � - � - - --me�etings and such -othe-r_;me�tings as the City-Administrator:ma� - e . _ _ _. _ - � _ _ _ . _ __ - _ ':� deem� appropriate, preparation of opiriions on miscelianeous � legal issues including zoning, platting,. and the issuance of permits , procedural matters dealing with operation of the City Council and Planning Commission and other committees, ordinance drafting, preparation of documents including development : and planned unit development agreements, preparation o� agreements of a miscellaneous nature;-review of transcripts for �;,d��strial" revenue and tax exempt mortgage financing, negotiation for the acquis��i-.::., �-�?Q nr tramsfer _ of title to_ personal property and land €or miscellaneous purposes including parks , general advice to the City regarding building permits zoning, platting, assistance with insurance 2 , F J �. issues , employee relations , and the prosecution for the City of petty misdemeanors, misdemeanors, and gross misdemeano=s, and providing related legal advice. B. Hourlv Services. The remainder of the City` s legal services shall be provided by the Law Firm at the following �°°.� hourly rates : Donald J. Fluegel - $150 .-00 per hour; Shawn M. � Moynihan - $115 . 00 per hour; and Mike Miles - $125 . OQ per ' hour. In the event that attorneys other than the above perform legal services for the City, hourly rates will be supplied in advance. C. BillinQs . Unless otherwise agreed upon by the City Administrator and the Law Firm, bills for services rendered - shall be submitted and paid on a monthly basis . These billings will reflect the attorney doing the work, the issue . . �.� the work was related to, the time spent on the item and the . � dollar amount associated with the work. � � � � � � � � � � � � � 3 . Associate or Substi.tute Counsel; Canflicts. In the event that the City Council, by a majority vote, determines that a i, particular project or matter requires legal services which the Law Firm is unable to provide, or that a conflict of interest exists with respect to a project or matter, the City may direct that the Law Firm associate with another law firm or consultant, or that another law firm or consultant shall provide the requisite services in place of the Zaw Firm. The Law Firm shall receive no fee from the City for providing a referral for such project or matter. . �� 4 . Term. This Contract shall commence September 9 , 1992, � ,�,$. 3 r'"�� , < and continue in effect until December 31 , 1993 . After December 31 , 1993 , this Contract shall continue on a month by month basis at the same monthly rate as agreed herein unless the City or the Law Firm terminate the Contract by 30 days written notice ta the other party. 5 . Notices . Any notices required by this Contract shall be given as follows: To the City;' Stephan Jilk, 2875 ` 145th Street West, Rosemount, Minnesota, 55068 . '�o the Law Firm; Mike Miles, Suite 5, 1303 South Frontage �� Road, Hastings, Minnesota, 55033 . Such notice shall be deemed to have been given when deposited in the mail, by certified or registered mail, or when sent and received by facsimile transmission. � • . 6. Minnesota Law. This Contract shall be construed and enforced in accordance with the laws of the State of Minnesota . 7 . Severabilitv. Each paragraph, sentence, clause or word of this Contract shall be deemed severable from all others , and the determination by a Court of competent jurisdictian that any paragraph, sentence, clause or word is invalid or unenforceable shall not affect the remainder o�f this Contract. . 8 . Incorporation of Recitals. The recitals set forth above in this Contract are incorporated herein. 4 , 4',. IN WITNESS WHEREOF, the City and the Law Firm have made this Contract on the day and year first above written . CITY OF ROSEMOUNT " By: Stephan Jilk Its City Administrator By: . E. B. McMenomy, Jr. � Its Ntayor FLUEGEL MOYNIHAN & MILES, P.A. By Donald Fluegel Its President 5