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
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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:
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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
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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
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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.
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.
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CITY OF ROSEMOUNT
By:
Stephan Jilk
Its City Administrator
By:
Vernon J. Napper
Its Mayor
HERTOGS, FLUEGEL, SIEBEN, POLK, JONES
& LAVERDIERE, P.A.
By: