HomeMy WebLinkAboutResolution 8444 RESOLUTION 8444
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE RENEWAL OF A LEGAL SERVICES AGREEMENT
WITH KENNEDY & GRAVEN, CHARTERED
WHEREAS, in August of 2012, the City Council approved Resolution 7987 which
authorized a three-year renewal of a Legal Services Agreement (the "Agreement") with
Kennedy & Graven, Chartered (the "Firm"); and,
WHEREAS, the Agreement with Kennedy & Graven is now due for renewal; and,
WHEREAS, the City Council has considered the performance of the Firm and has
determined that a renewal of the Agreement would be beneficial to the City; and,
WHEREAS, the monthly retainer fee will be reduced from $2,200 per month to
$2,000 per month.
NOW,THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does
hereby approve a renewal of the Agreement, attached as Exhibit A, with Kennedy &
Graven, Chartered, to provide civil legal services for a three-year period beginning on this
date, August 24, 2015.
Adopted this 24th day of August, 2015.
Olt
Flahe y, 'ayor
ATTEST:
James Ericson, City Administrator
(seal)
CXN/ a,T '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 24th day of August, 2015, provides as follows:
SECTION 1. Background: Findings.
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
August 24, 2015, the City Council determined that the firm of Kennedy & Graven, Chartered be
engaged as City Attorney, with Scott J. Riggs and Sarah J. Sonsalla 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.
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 Sarah J. Sonsalla acting as primary legal
counsel for the City.
2.03. Usual and Customary Legal Services. The City Attomey 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 Council or the City
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;
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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;
h. Occasional attendance at staff meetings as directed by the City
Administrator;
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:
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.
"Routine" means matters usual and customarily undertaken by a city attorney in the
discharge of office.
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:
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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
$2,000.00.
b. For all attorneys for matters set forth in Section 2.03(k) as follows:
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
and tax increment matters
$205/hr.
iv. For all law clerks for work not covered by the retainer set forth in
Section 2.04(a)
$75/hr.
v. For all paralegals for work not covered by the retainer set forth in
Section 2.04(a)
$95/hr.
vi. Bond counsel services as set forth in Section 2.08.
vi. 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: $.10 per page
Color copies $1.00 per page
Mileage: IRS reimbursement rate
Westlaw or Lexis fees: Actual cost charged
Other charges such as: Actual cost charged
Messenger service
Express mail
Long distance telephone calls
Filing fees
Parking fees
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 three 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 Sarah J. Sonsalla 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 90 days written notice.
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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 of
the 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.
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:
Joe Flaherty
Its: Mayor
By:
James Ericson
Its: City Administrator
KENNEDY & GRAVEN, CHARTERED
By:
Scott J. Riggs
City Attorney
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