HomeMy WebLinkAbout7.b. Legal Services Contract - Fluegel-Moynihan-Miles e
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CITY OF ROSEMOUNT
EXECUTIVE SUNIl�IARY FOR ACTION
CITY COUNCIL MEETING DATE: October 19, 1993
AGENDA ITEM: Legal Services Contract AGENDA SECTION:
Fluegel, Moynihan and Miles Old Business
PREPARED BY: Stephan Jilk, AGENDA N���n� � � �
City Administrator ���
ATTAC�NTS: Proposed Contract, AP VED BY=
Existing Contract
At the Council' s direction we have met with Mr. Mike iles, presenting
the Fluegel, Moynihan, and Miles Law Firm to discuss a new egal services
contract for the first six months of 1994. -
A proposed agreement is attached for your consideration along with a copy
of the existing contract. There are a couple of changes proposed in the new
contract.
1) Prosecution services - the set amount for prosecution services has
been prorated on a monthly basis to be equal to what is in the
current contract for a year.
2) General services and Port Authority services, which are now set at
$15,400. and $2200 . respectively, are proposed to go to a hourly rate
of $90.00 an hour.
3) The contract period is set at six months ra.ther than the 'two year
period now in effect.
In reviewing the time currently spent by the law firm on these types of
services it is apparent that either the firm has to spend a lot less time
in performing these services for the city or the amount of payment has tc�
increase substantially.
Generally, it is felt that the time involved by the firm has been
appropriate.
It is staffs opinion that rather than increase the retainer, or fixed fee,
by any great amount it would be better to put these services on a hourly
rate. This way the city can monitor the time spent, the projects being
worked on and help reduce the time spent. The firm will then be paid for
the time actually spent at a fair rate which seems to be very comparable to
what other cities are paying. There probably will be some increase in cost
to the city but the city will be in a good position to control the cost.
It is staffs' recommendation to approve the contract as submitted.
RECObIl�NDED ACT=ON: Motion to approve the contract for legal services
with the Law Firm of Fluegel, Moynihan and Miles for period of time
from January 1, 1994 to June 30, 1994.
COIINCIL ACTION:
CONTRACT FOR LEGAL SERVICES
This Contract for Legal Services (the "Contract" } , is made
this 19th day of October, 1993, by and between the City of
Rosemount, Minnesota (the "City" ) and Fluegel Moynihan & Miles,
P.A. (the "Law Firm" ) .
RECITALS
1 . The City entered into a Contract for �,ega1 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 .
3o On September l , 1992, the City Council voted to transfer
all City legal files to the firm of Fluegel Moynihan & Miles for
the duration of the contract previously entered into with Hertogs,
Fluegel , Sieben, Polk, Jones & LaVerdiere, P.A.
4 . At its regular meeting of September 21 , 1993, the City
Council voted to renegotiate and extend the contract of Fluegel
Moynihan & Miles for the period of January l , 1994 through June 30,
1994 .
NOW, THEREFORE, in consideration of the premises, the City and
the Law Firm do hereby make the following contract for Legal
Services : �
1 . Emplovment of Law Firm. 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 :
Prosecution Legal Services $ 4,583 per month
General Legal Services $ 90.00 per hour
Litigation and Special Port $125.00 per hour
Authority Services . .
For the purposes of this contract, the following terms shall `
;
have the meanings set forth below: �
t
PROSECUTION LEGAL SERVICES shall mean any and all legal �
services necessary to carry out the prosecutorial functions'of the
City, including, preparation of formal complaints, attendance at �
first appearance, pretrial hearings, omnibus hearings, court trials
and jury trials at the district court level and availability for
consultation with police department personnel .
GENERAL LEGAL SERVICES shall mean provision of advice to the
City Council, Planning Commission, Utility Commission, Park and
Recreation Committee, and other committees and staff , and general
advice to the Port Authority, attendance at City Council meetings,
ti
Port Authority meetinqs and such other meetings as the City
'`s
s
Administrator may deem appropriate, preparation of opinions on
miscellaneous legal issues, including zoning, platting, the
issuance of permits, procedural matters dealing with the operation
of the City Council, Planning Commission and other committees,
ordinance drafting, preparation of documents, including development :
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and planned unit development agreements, preparation of agreements
of a miscellaneous nature (except for Port Authority projects) ,
review of transcripts for industrial revenue and tax exempt
mortgage financing, negotiation for the acquisition, sale or
transfer of title to personal and real property for miscellaneous
purposes, including parks, general advice to the City regarding
building permits, zoning, platting, assistan�e with insurance
issues, employer relations and providing related legal advice.
LITIGATION AND SPECIAL PORT AUTHORITY SERVICES shall mean the
representation of the City in any litigation matter (other than
prosecutorial) in nature and the provision of legal work on
specific Port Authority development projects (other than discussion
of such projects at a regular meeting of the Port Authority) ,
including negotiation with developers, preparation of development
and related agreements between the Port Authority and developers
and all legal activities specifically related to identified
development projects.
3 . 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, �he issue the work was related
to, the time spent on the item and the dollar amount associated
with the work.
4 . Associate or Substitute Council; Conflicts. In the event
that the City Council, by a majority vote, determines that a
particular project or matter requires Legal Services which the Law
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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 Law Firm. The Law Firm shall receive no fee from
the City for providing a referral far such project or matter.
5 . Term. This Contract sha11 commence on January 1 , 1994
and continue in effect through June 30, 1994 . After June 30, 1994 ,
this contract shall continue on a month-by-month basis at the same �
monthly rates as agreed herein, unless the City or the Law Firm
terminates the contract by 30 days written notice to the other '
party.
6o Notices. Any notices required by this contract shall be ,
given as follows : To the City: City Administrator, 2875 145th
Street West, Rosemount, Minnesota 55068 . To the Law Firm: Mike
Miles, Suite 5, 1303 South Frontage Road, Hastings, Minnesota
55033 . � Such notice shall be deemed to have been giden when
deposited in the mail, by - certified or registered mail, or when
sent and received by facsimile transmission.
7 . Minnesota Law. This contract shall be construed and
enforced in accordance with the laws of the State of Minnssota.
8 . Severabilitv. Each paragraph, sentence, clause or word
of this Contract shall be deemed severable from all others, in the �
determination by a court of competent jurisdiction that any
paragraph, sentence, clause or word is invalid or enforceable shall
not affect the remainder of this Contract. _
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9 . Incorporation of Recitals. The Recitals set forth
above in this Contract are incorporated herein.
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:
Ron Wasmund
Its Interim Administrator
BY:
E. B. McMenomy, Jr.
Its Mayor
FLIIEGFsL MOYNIHAN & MILES, P.A.
BY:
Donald Fluegel
Its President
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IN WITNESS WHERE�F, 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 N:ayor _
� FLUEGEL MOYNIHAN & MILES, P.A.
� By �
Donald Fluegel
Its President
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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" j and Fluegel Moynihan & Miles, P.A. (the "Law
Firm" � . .
RECITALS: _ _ .
.•_ .._ _._�.'-:..�. - : . ..
_ -• _ - -
` "'1 : - � The. City �entered into a: Contract;-for Legal_,Services with
�. . _, . _ . . .
. . _ _ _ . _ - -- ,- ..
. .. . , . . , _ , . : ..
�:.-.
the �firnl of Hertogs, Fluegel, - Sieben, Polk, Jones & . LaVerdiere, .
_:.. .. . . . _
P:A: f or :the peri.od f rom• January 1, 19 9 2 through December 31, 19 9 3.
= -:-- 2..��- On�:August �3I; 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 Gity Council voted.to transfer
' al1 City legal files to the firm. of: Fluegel Moynihan &_-Miles for
� the duration of the contract previously entered into with Hertogs,
Fluegel, Sieben, Polk, Jones & LaVerdiere, P.A•
. NOw, TIiEREFORE, in consideration of the premises, the City and
the Law Firm do hereby make the following Contract for Legal
- -- -
. .._ . . . � � _,_
: Services.� : ; ; _ _ . _ � , _t. ,_•
. . . . _ :. _ ._ .
.
� � `._- ::1 . � -Emplovment-of`=�Law Firm. _ _The:City agrees� to,.;and hereby
' �'�does;:' em lo the Law- Firm� to provide its :,iegal���:.services on the
P Y�. _ . .
. . _ . :
-� terms� and conditions- set"��forth below:� - = _ _
_ . _ . ._ . : .
_ �_ . - , _ - - :
-'�- . _.::_ 2. =' Se=irices� and� Compensation.� _.The Law- Firm ;shall provide
�' the� Ci.ty' s legal services on °the f ollowing_ 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 f ees previously paid to Hertogs , Fluegel,
Sieben, Polk, Jones & LaT�erdieze,. and an amount not to exceed
569 ,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 Legal Services $47,000 $51,400
. _ Port Authority Services ` - _ $ 2, 000 $ 2, 200
�. .. _. . . _
Totals -. .� :. $63,OQ0 - _ $b9,000 _
These legal services sha11 include advice to the City Council,
� - � Plann�.flg Commission, Utility Commission, Parks and Recreation
� Committee, Port Authority and other committees and staff,
including attending City Cc:tncil meetings, Port Authority �
-_ �'��;:`.�-�_:��me�etings� and such:other�meetings as .the CityAdministrator ma�� �. .
,. . - . - .. . _ - ; : . : . ..--- � , _. . .
� � " � deem appropriate, preparation of� opiriions on miscelianeous �
. �j
� � i � �:�.� legal issues including zoning, platting;. and the issuance of
. . . ..z . _ , • - _
� • . � � . . - .
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 of agreements of a miscellaneous natu=e',-review of
transcripts for industrial" revenue �'and tax exempt mortgage
financing, negotiat�ion for� the acquis���;:r.;� .��?e:.�r transfer '
of title to. _personal '�.`property arid �land:` for. miscellaneous
purposes including parks, general advice to the City regarding
building permits zoning, platting, assistance with insurance
2
issues, employee relations , and the prosecution for the City
of petty misdemeanors, misdemeanors, and gzoss misdemeanors,
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 -. 5150. 00 per hour; Shawn M.
� Moynihan - $115 . 00 per hour; and �Mike Miles- - $125 . 00 per
. hour. In the event that attorneys other - than� the above
�� �� perform� legal� �s�ervices for the' City;- hourly �rates will be
. supplied in advance. . � �•
.._ � C: -� BillinQs.` �.` Unles�s `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 Substitute Counsel; Conflicts . In the event
that the City Council, by a majority vote, determines that a
particular project or matter requires legal services which the Law
Firm is unable to provide, or that a conflict of interest exists
with resge.ct to a project :or matte"r,�. 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 Law Firm: �'•�The�� Law Firm-shall receive no - fee . f rom
the City for providing a =eferral for such project or matter.
4 . Term. This Contract shall commence September 9 , 1992, �
3
t `.
and continue in e f f ect unti 1 December 31, 19 9 3 . Af ter 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 to the other
PartY. _
5 . Notices . Any notices required by this Contract shall be
. _, gi'ven as f ol lows: . . . _ :
� To the City; Stephan Jilk, :28?5 145th Street West,
Rosemount, Minnesota, 55068 .
_ To 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 jurisdiction that any
paragraph, sentence, clause or word is ' invalid or unenforceable I
shall not affect the "remainder o� this Contract. - •
8 . Incorporation of Recitals: The recitals set �forth above � �
,
in this Contract are incorporated herein: - °-
4
, ,
9 . Incorporation of Recitals . The Recitals set forth above
in this Contract are incorporated herein.
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 Mayor '
FLUEGEL MOYNIHAN & MILES, P.A.
By:
Donald Fluegel
Its President
�
�
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