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EXHIBIT D PROPOSED LEGAL SERVICES CONTRACT (including FEES) LINO LAKES LEGAL SERVICES AGREEMENT This Agreement, entered into between the CITY OF LINO LAKES, a Minnesota municipal corporation (City) and the law firm of KENNEDY & GRAVEN, CHARTERED (City Attorney) as of this day of , 2008 provides as follows: SECTION 1. Background: Findings. 1.01. Authority. The decision as to appointment and removal of the City Attorney is made by the City Council. 1.02. Council Determination. At a duly called regular meeting of the City Council held on , 2008, the City Council determined that the firm of Kennedy & Graven, Chartered be engaged as City Attorney, with Michael T. Norton of that firm serving as primary legal counsel for the City and instructed the City Administrator to prepare an agreement between the firm and the City setting forth the terms and conditions of the engagement to Legal Services Agreement. SECTION 2. Terms and Conditions. 2.01. Consideration. In consideration of the mutual promises and conditions contained in this Agreement the City and the City Attorney agree to the terms and conditions set forth herein. 2.02. City Attorney Appointment. The City appoints the firm of Kennedy & Graven, Chartered as City Attorney, with Michael T. Norton acting as primary legal counsel for the City to a term ending December 31, 2009. 2.03. Usual and Customary Legal Services. The City Attorney agrees to perform all usual and customary legal services for the City in accordance with the terms of this Agreement, including, but not limited to the services identified in the City of Lino Lakes Request for Proposals for Legal Services, Section VI which is incorporated in this Agreement by reference. 2.04. As an aid to the interpretation and administration of Sections 2.03 and 2.05 of this Agreement, the following definition of terms is agreed upon: "Routine" means matters that regularly reoccur and are customarily undertaken by a City Attorney in the discharge of the office. A matter that does not occur regularly is "Non - routine". Review of a typical public works contract, and preparation or review of a usual D -1