HomeMy WebLinkAbout5.c.City Attorney Contract 1992-1993CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: DECEMBER 17, 1991
AGENDA ITEM: CITY ATTORNEY CONTRACT 1992-93
AGENDA SECTION:
OLD BUSINESS
PREPARED BY: STEPHAN JILK, CITY ADMINISTRATOR
AGENDA MEM
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ATTACHMENTS: CONTRACT
AP VED BY;
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This item is back on the agenda foryourconsideration and approval.
This item consists of a recommendation to approve a two year contract with
the Law Firm of Hertogs, Fluegel, Sieben, Polk, Jones and LaVerdiere, P.A.
Law Firm of Hastings for all general and prosecuting legal services for
1992 and 1993.
Based on the consensus of the Council at the December 3rd meeting the
proposed contract met with their approval except for a suggested change in
the attendance at meetings. The contract has been revised to reflect that
attendance at City Council meetings and Port Authority meetings by the City
Attorney is required but all other meetings will be at the discretion of
the City Administrator. With this change I recommend its approval.
RECOMMENDED ACTION:
MOTION to approve the Legal Services Contract with the Hertogs/
Fluegel Law Firm of Hastings for 1992 - 1993 and authorize the
necessary signatures.
COUNCIL ACTION:
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 assomeof 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.
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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 following 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 $14,000 $15,400
Prosecution Legal Svcs. $47,000 $51,400
Port Authority Services $ 2,000 $ 2,200
Totals $63,000 $69,000
These legal services shall include advice 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,
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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 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 Mike Miles - $125.00 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
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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 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.
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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. IncorRoration 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
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