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Home My WebLink About9.b. City Attorney Contract for 1992CITY of ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 1991 AGENDA ITEM: CITY ATTORNEY CONTRACT — 1992 AGENDA SECTION: NEW BUSINESS PREPARED BY: STEPHAN JILK CITY ADMINISTRATOR J -M&• AGEND ATTACHMENTS: PROPOSED CONTRACT, MEMO APP Y: � U The contract with the Hertogs/Fluegel Law Firm expires on January 1,'1992. This contract was for the period of May 1, 1991, to December 31, 1991. This contract was entered into following a selection process which ended in the selection of the Hertogs/Fluegel Law Firm. I have met several times with Mr. Fluegel and Mr. Short regarding the new contract. I am recommending the Council consider the renewal of that contract for a two year period at a total not to exceed the cost of $63,000 for 1992 and $69,000 for 1993. RECOMMENDED ACTION: MOTION to approve the contract with the Hertogs/Fluegel Law Firm of Hastings for the calendar year of 1992 and 1993 as presented. COUNCIL ACTION: �iiy of (Rosemount PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen John Oxborough Harry Willcox Dennis Wippermann ADMINISTRATOR TO: Mayor Napper Stephan Jilk Council Members Klassen., Oxborough, Wil x, Wippermarn FROM: Stephan Jilk, City Administrat DATE: November 25, 1991 #$a RE: Legal Services Contract 1992 & 1993 I have been in discussion with Don Fluegel of the Hertogs, Fluegel Law Firm of Hastings, our current legal consulting firm, regarding the 1992 contract for legal services. Our contract with the firm .in 1991, the -first year that the firm was hired by the City, covered a period of eight months starting in May and will.end in December. This contract called for a payment not to exceed $30,000 or $3,750 per month. On an annual basis this would amount to $45,000. When the firm was first hired both the firm and the City Council understood that 1991 would be a learning year for us all. A learning year in the sense that many services the firm would be providing us had not, at the city's choice,•been provided by our preceding legal consultant. These services were mainly for the attendance at all of our City Council, EDA and Planning Commission meetings. Also, more extensive involvement through a "full service" approach to legal seri*ice concept was to be provided. Until the Firm and the City went through this learning period we would not gauge accurately the cost of providing the services we wanted the Firm to provide. When discussion commenced on the next contract Mr. Fluegel reviewed the time spent on various services his Firm provided in 1991. Extrapolating these times out for a 12 month period into 1992 costs were calculated at $85,698. These hours did not include special project services but only those outlined in our basic contract. 6verythtngs (Poming (Ub gosemounlP .. ,max Legal Consultant Contract Page 2 In my discussions with Mr. Fluegel, I noted that to consider these kinds of fees was unacceptable. Over the last several weeks we have been able to reach a position of agreement on what the Firm can provide, the services we need them for and what we can afford. I an prepared to recommend to you that you consider and approve the following contract: 1. A two year contract with the Firm for 1992 and 1993 2. The Contract would require the Firm to provide the City with all legal services, as outlined on the attached contract, for General Legal Services, Prosecuting Services and Port Authority Legal Service for a flat annual fee of $63,000 for 1992 and $69,000 for 1993. 3. All legal services provided to the City which would be reimbursable through agreements with developers, contractors, etc. would be billed at the Firms regular rates as established in the Contract. 4. The annual flat fee would relate to individual areas of need for accounting and budgeting purposes as follows: General Legal Service $15,000 Prosecuting Services 41,000 Economic Dev. (Port Auth) 7,000 Total $63,000 I feel the proposed contract will provide for needed legal services at a cost affordable to the City and which reasonable reflects the services being provided. CONTRACT FOR LEGAL SERVICES This Contract for Legal Services (the "Contract"), is made this 3rd day of December, 1991, by and between the City of Rosemount (the "City") and Hertogs, Fluegel, Sieben, Polk, Jones & LaVerdiere, P.A. (the "Law Firm"). RECITALS: 1. The City issued a request for proposals for providing legal services to the City. 2. The Law Firm submitted its initial response to the request for proposals May 23, 1990. 3. After interviewing the Law Firm, as well as some of the individual members of the Law Firm, and some of the other law firms responding to the request for proposals, the City Administrator recommended to the City that the Law Firm,be employed to provide the City's legal services on the terms and conditions set forth below. 4. The Rosemount City Council adopted the recommendation of the City Administrator and voted to employ the Law Firm at its meeting of April 2, 1991, and further directed the Law Firm and the City Administrator to prepare a contract containing the agreed upon terms and conditions. On the 16th day of April, 1991, the Rosemount City Council did approve that contract. The term of that Contract was from May 1, 1991 to December 31, 1991. 1 The City of Rosemount now desires to consider the negotiation of a two year contract with the Law Firm for 1992 and 1993. The Law Firm has submitted a proposal for that same purpose. NOW, THEREFORE, in consideration of the premises, the City and the Law Firm do hereby make the fallowing Contract for Legal Services: 1. Employment 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: A. Flat Maximum Fee. The following legal services shall be provided at an amount not to exceed $63,000.00 for 1992 and 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 $15,000 $16,500 Prosecution Legal Svcs. $41,000 $45,000 Port Authority Services $ 7,000 $ 7,500 These legal services shall include advise to the City Council, Planning Commission, utility Commission, Parks and Recreation Committee, Port Authority and other committees and staff, including attending such meetings as the City Administrator may deem appropriate, preparation of opinions on miscellaneous legal issues including zoning, platting, and the issuance of permits, procedural matters dealing with 2 operation of the City Council and Planning commission and other committees, ordinance drafting, preparation of documents including development agreements and planned unit development agreements, preparation of agreements of a miscellaneous nature, review of transcripts for industrial revenue and tax exempt mortgage financing, negotiation for the acquisition, sale or transfer of title to personal property and land for miscellaneous purposes including parks, general advice to the City regarding building permits, zoning, platting, assistance with insurance issues, employee relations, and the prosecution for the City of petty misdemeanors, misdemeanors, and gross misdemeanors, and providing related legal advice. B. Hourly 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; Eric A. Short - $115.00 per hour; Shawn M. Moynihan - $115.00 per hour; Barbara J. Hoekstra - $100.00 per hour; Leo F. Schumacher - $125.00 per hour; and George L. May'- $140.00 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. Billings. 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 3 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 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 for such project or matter. 4. Term.. This Contract shall commence January 1, 1992, 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 to 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. To the Law Firm; Eric A. Short, 999 Westview Drive, Hastings, Minnesota, 55033. 4 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. Severability. 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 shall not affect the remainder of this Contract. 8. 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: Vernon Napper Its Mayor HERTOGS, FLUEGEL, SIEBEN, POLK, JONES & LAVERDIERE, P.A. By: Donald Fluegel Its President 5