HomeMy WebLinkAboutResolution 6059
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RESOLUTION NO. 6059
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING EXECUTION OF A TWO-YEAR LEGAL SERVICES
AGREEMENT WITH KENNEDY & GRAVEN TO PROVIDE CITY ATTORNEY
SERVICES TO THE CITY OF MOUNDS VIEW
WHEREAS, on March 10, 2003, the City Council of the City of Mounds View
adopted Resolution 5963 which authorized staff to distribute requests for proposals (RFPs)
for legal services; and
WHEREAS, upon closure of the period to submit a response, the City had received
proposals from thirteen firms, ten of which submitted proposals to provide the City with civil
representation services; and,
WHEREAS, on Thursday, June 12,2003, six law firms were interviewed and asked
a series of questions in an effort to ascertain which form should be chosen to represent the
City's civil affairs; and,
WHEREAS, on June 23, 2003, staff identified four firms that stood out from the rest
and from the four firms, the City Council selected to interview only one law firm-Kennedy
& Graven; and,
WHEREAS, the City Council met with representatives from Kennedy & Graven on
July 7,2003 and directed that a retainer agreement be approved at the July 14th meeting.
NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does
hereby approve the retainer agreement from Kennedy & Graven (Exhibit A) to provide civil
legal services for a two year period beginning July 14, 2003.
NOW, THEREFORE BE IT FINALLY RESOLVED, THAT the agreement and the
service provided shall be reviewed after three months to ensure City Council satisfaction
with the arrangements.
A TrEST:
July 2003.
urt Ulrich, City Clerk/Administrator
(SEAL)
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Exhibit A
AGREEMENT FOR LEGAL SERVICES
This Agreement, entered into between the CITY OF MOUNDS VIEW, a Minnesota
municipal corporation (City) and the law firm of KENNEDY & GRAVEN, CHARTERED (City
Attorney) as of this 14th day of July, 2003, provides as follows:
SECTION 1. Backqround: Findinqs.
1.01. Authority. The appointment and removal of the City Attorney are made by the
City Council.
1.02. Council Determination. At a duly called regular meeting of the City Council held
on June 23, 2003, the City Council determined that the firm of Kennedy & Graven, Chartered
be engaged as City Attorney, with Scott J. Riggs and Robert J. V. Vose of that firm serving as
primary legal counsel for the City and instructed the City Clerk-Administrator to prepare an
agreement between the firm and the City setting forth the terms and conditions of the
engagement.
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 Scott J. Riggs and Robert J. V. Vose acting as primary legal
counsel for the City.
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 following:
a. Attendance by the primary legal counsel from the firm, as requested, at one
Council meeting per month;
b. Meetings with staff and public groups as requested by the Councilor the City
Clerk-Administrator and public hearings before the Council;
c. Review and preparation of contracts, performance bonds, insurance and
other routine legal documents;
d. Ordinance code amendments and preparation of resolutions;
e.
Formal and informal legal advice to Council, staff and committees;
f. Responses to inquiries from the public on matters not directly related to
criminal prosecution activities;
g.
Regular training for staff including, but not limited to, human resource issues,
sexual harassment, city government procedures, employee discipline
procedures, workers compensation, OSHA issues;
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h.
Occasional attendance at staff meetings as directed by the City Clerk-
Administrator;
i. Legal updates, alerts and opinions to staff on issues affecting the City;
J. Proactive advice as to City Code and personnel policies;
k. All other routine legal services except those pertaining to:
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i. land acquisitions and sales;
II. litigation, administrative proceedings, eminent domain and special
assessment appeals;
iii. review of subdivision and land development contracts;
iv. approval of improvement bonds/proceedings and other authorized
bond issues;
v. telecommunication matters;
vi. employment matters and labor negotiations;
VII. Economic Development Authority matters involving the establishment
of tax increment financing districts and development contracts;
viii. Separate Commissions of the City including, but not limited to
Economic Development Authority, Police Civil Service Commission,
and Charter Commission.
As an aid to the interpretation of the services to be covered by the retainer
agreement, the following definitions would apply:
"Administrative proceedings" means services directly related and preparatory
to representing the City or its agencies before a federal, state or regional
administrative agency.
"Eminent domain" means services performed directly related and preparatory
to the commencement of an action of eminent domain by or against the City or its
agencies.
"Litigation" means services performed by the city attorney: (a) in response to
a claim filed against the City or an action commenced against the City, its agencies,
or their officers, agents or employees; (b) in response to administrative proceedings;
and (c) appearances on behalf of the City or its agencies before state or federal
courts, boards or commissions.
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"Routine" means matters usual and customarily undertaken by a city attorney
in the discharge of office.
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2.04. Compensation for Legal Services. For legal services, except as provided in
Section 2.08, the City agrees to compensate the City Attorney at the following hourly rates for
services indicated below:
a. For all attorneys in general municipal matters as set forth in Section 2.03
(except Section 2.03(k)) pursuant to a monthly retainer in the amount of
$2,500.00.
b. For all attorneys for matters set forth in Section 2.03(k) as follows:
i. For all attorneys in real estate matters, telecommunication matters,
employment and labor negotiation matters
$140/hr.
ii. For all attorneys in litigation and administrative proceedings
$150/hr.
iii. For all attorneys in matters in which costs are passed through
to developer
$160/hr.
IV.
For all attorneys in development, redevelopment and tax
increment matters
$170/hr.
v.
For all law clerks for work not covered by the retainer
set forth in Section 2.04(a)
$75/hr.
vi. For all paralegals for work not covered by the retainer
set forth in Section 2.04(a)
$95/hr.
vii. Bond counsel services as set forth in Section 2.08.
viii. For all attorneys requested to attend a regular council meeting in excess
of one per month, established under Section 2.03(a).
$120/hr. - no travel time allowed
2.05. Compensation for Expenses. The City will compensate the City Attorney
for the following actual and necessary expenses incurred by the City Attorney on behalf
of the City:
The firm will bill its out-of-pocket costs for such things as postage, long distance
telephone calls, photocopying, filing fees and witness fees, and similar items.
Mileage compensation will not be charged for attendance at regular City Council
Meetings.
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Photocopying:
Facsimiles
Mileage:
Westlaw or Lexis fees:
Other charges such as:
Messenger service
Express mail
Long distance telephone calls
Filing fees
Parking fees
$.20 per page
$.50 per page
$.36 per mile
Actual cost charged
Actual cost charged
Our monthly billing statements provide detail for all fees and costs.
2.06. Billing Statements. Billings by the City Attorney to the City for services will be
on a monthly basis, except as may otherwise be agreed upon by the parties. The billing
statement shall be of sufficient detail to adequately inform the City concerning the tasks
performed, the attorney or staff performing them, the time spent on each task and the nature
and extent of costs and disbursements. The statement shall also contain a summary that
shows the total time spent for each category and the total fees, charges and disbursements
for each category.
2.07. Term of Agreement. The term of this Agreement shall be for two years. The
hourly rates specified in this Agreement will remain in effect for the term of this Agreement.
2.08. Bond Counsel Services. The City Attorney will act as approving bond counsel
for the City if so requested by the City. These services are not part of this Agreement, but
may be made such by mutual agreement of the parties. In the event such services are
desired by the City, fees for these services will be those usual and customarily charged by
the firm of Kennedy & Graven, Chartered.
2.09. Primary Legal Counsel. It is the intention of the parties and it is hereby agreed
by the City Attorney, that the term "primary legal counsel" as used herein means and refers
to Scott J. Riggs and Robert J. V. Vose who will, except in the case of extraordinary
circumstances involving disability, unavoidable conflict or other good and substantial reasons,
perform, supervise and be responsible to the City for the legal services to be provided.
2.10. Entire Agreement. This Agreement, any attached exhibits and any addenda
or amendments signed by the parties shall constitute the entire agreement between the
City and the City Attorney, and supersedes any other written or oral agreements between
the City and the City Attorney. This Agreement can only be modified in writing signed by
the City and the City Attorney.
2.11. Termination. This Agreement may be terminated by the City at any time or by
the City Attorney upon 30 days written notice.
2.12. Conflict of Interest. The City Attorney shall use best efforts to meet all
professional obligations to avoid conflicts of interest and appearances of impropriety in
representation of the City. In the event of a conflict, the City Attorney, with the consent ofthe
City, shall arrange for suitable alternative legal representation. It is the intent of the City
Attorney to refrain from handling legal matters for any other person or entity that may pose a
conflict of interest.
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2.13. Agreement Not Assignable. Except as provided in Paragraph 2.12 of this
Agreement relating to conflicts of interest, the rights and obligations created by this
Agreement may not be assigned by either party.
2.14. Agreement Not Exclusive. The City retains the right to hire other legal
representation for specific legal matters.
2.15. Independent Contractor Status. All services provided by the City Attorney
pursuant to this Agreement shall be provided by the City Attorney as an independent
contractor and not as an employee of the City for any purpose, including but not limited to:
income tax withholding, workers' compensation, unemployment compensation, FICA
taxes, liability for torts and eligibility for employee benefits.
2.16. Work Products. All records, information, materials and other work products
prepared and developed in connection with the provision of services pursuant to this
Agreement shall become the property of the City.
2.17. Insurance. The City Attorney shall maintain professional liability (malpractice)
insurance in the minimum amount of $1 ,000,000.
2.18. Data Practices Act Compliance. Data provided to the City Attorney under this
Agreement shall be administered in accordance with the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13.
2.19. Choices of Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the state of Minnesota. Any disputes,
controversies, or claims arising out of this Agreement shall be heard in the state or federal
courts of Minnesota, and all parties to this Agreement waive any objection to the
jurisdiction of these courts, whether based on convenience or otherwise.
2.20. Agreement Extensions. Subject to the rights of termination described in
Section 2.11, the provisions of this Agreement shall be deemed to be automatically extended
from year-to-year or extended with such modifications or adjustments as the City and City
Attorney may from time-to-time mutually agree.
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IN WITNESS WHEREOF, the parties have caused this agreement to be duly
executed by their proper officers and representatives as of the day and year first
above written.
CITY OF MOUNDS VIEW, MINNESOTA
By:
By:
hG~
Kurt Ulrich
City Clerk-Administrator
Its:
KENNEDY & GRAVEN, CHARTERED
By:
By:
f?1&J,~ ~1 ~
Robert J. V. Vose
City Attorney