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HomeMy WebLinkAbout5.h. City Attorney Contract Approvali . 5 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: APRIL 16, 1991 AGENDA ITEM: CITY ATTORNEY APPOINTMENT/ AGENDA SECTION: CONTRACT APPROVAL QLD BUSINESS PREPARED BY: S'TEPHAN JILK, CITY ADMINISTRATOR AGENDA NTE 5 ATTACHMENTS: CONTRACT AP DAY: This item consists of approval of the formal contract with the Hertog/Fluegel'Law Firm of Hastings to provide the City with legal consulting services for May 1 - December 31,;1991. Following a meeting with Mr. Eric Short he has provided the attached contract for your consideration I believe it outlines, all of the issues in the proposal you have approved and, additionally, the concerns about the city's ability to designate other legal counsel for those projects it feels necessary to do so. I find the contract acceptable and recommend its approval. CONTRACT FOR LEGAL SERVICES This Contract for Legal Services (the "Contract"), is made this day of 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. NOW, THEREFORE, in consideration of the premises, the City and the Law Firm do hereby make the.following Contract for Legal Services: I. Em la ent 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: 1 A. "Not to Exceed" Services. The following legal services shall be provided at the rate of 903,; of the hourly rate of the attorney providing the services (as set forth below), not to exceed $30,000.00 for the remainder of 1991: Advise the City Council, Planning Commission, Utility Commission, Parks and Recreation Committee 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 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 2 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. 3. Associate or Substitute Counsel- Conflicts. :n 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 May 1, 1991, and continue in effect until December 31, 1991. After December 31, 1991, this Contract shall continue on a month to month basis, unless the City or the Law Firm terminate the Contract by 30 days written notice to the other party. 5. Preparation.by Law Firm. All work which the Law Firm must perform in order to become familiar with the City, its personnel or its matters and projects shall be performed at no charge to the City. 6. Notices. Any notices required by this Contract shall be given as follows: W.: 55033. To the City; Stephan Jilk, 2875 - 145th Street West, Rosemount, Minnesota To the Law Firm; Eric A. Short, 999 Westview Drive, Hastings, Minnesota 3 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. 7. Minnesota Law. This Contract shall be construed and enforced in accordance with the laws of the State of Minnesota. 8. 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. 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. n CITY OF ROSEMOUNT By: Stephan Jilk Its City Administrator By: Vernon J. Napper Its Mayor HERTOGS, FLUEGEL, SIEBEN, POLK, JONES & LAVERDIERE, P.A. By: