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Home My WebLink About2013-08-14 PACKET 04.F.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 8/14/2013 e , PREPARED BY: Administration Ryan Schroeder ORIGINATING DEPARTMENT DEPARTMENT HEAD **************************************�********* COUNCIL ACTION REQUEST Consider entering into a legal services agreement with LeVander, Gillen & Miller, P.A. for Civil Legal Representation for the City of Cottage Grove for the term of 8/15/2013 through 12/31/2016. STAFF RECOMMENDATION: Enter into the legal services agreement. SUPPORTING DOCUMENTS � MEMO/LETTER: Memo from Ryan Schroeder. ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: Legal Services Agreement. ��1/ ► G� •C •1lll_► . C� ��I Date *******�*********�***�************************** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER H:\nbelscamper\TemplateslCity CouncilWction Form.doc Cottage J Grove � Pride and P�OSPerity Meet To: Mayor and City Council From: Ryan R. Schroeder, City Administrator Date: August 7, 2013 Subject: Legal Services Agreement From time to time the City reviews its agreements with firms providing professional services to the City. Included amongst the areas of review are legal services. Currently the City has contracts in place for general legal, prosecution services and HR/labor relations services. In May, 2013 the City requested proposals from firms providing general legal services within the metro area. Proposals from twelve interested firms were received on or before June 7, 2013. Staff evaluated proposals and selected five for interviews. Interviews were conducted on July 1 and 2, 2013. From that process staff recommended three firms for consideration by Council. Council conducted interviews of these three firms on July 24, 2013. Council direction upon conclusion of these interviews was to negotiate a contract for legal services with the firm of LeVander, Gillen & Miller (LeVander). Enclosed, please find the proposed contract with the LeVander firm. The contract provides that the City will be represented by Korine Land (Kori) as the principal responsible attorney as assisted by Bridget McCauley Nason. Other individuals within the firm will provide assistance to the City as requested. Some adjustments have been made to the agreement from the initial LeVander proposal from suggestions by Council (received on July 24) and staff. Initially, we have requested, and LeVander has agreed, to a contract term expiring December 31, 2016 (from July of that year), with the remainder of 2013 billed on an hourly basis (sans retainer). The Retainer would commence January 2014 at a monthly amount of $2,750 based upon a review of current retainer use by the City (down from a proposed $3,000/month). The retainer would remain static throughout the contract term. The agreement also provides that from time to time we may call upon LeVander for assistance at either Planning Commission or EDA meetings which would be contained within Retainer services (staff presented that our past practice in this regard has been minimal). The agreement also allows for the City to retain legal counsel from outside the LeVander firm should such be determined to be in the best interest of the City (this is allowed by omission of "all legal services" in section II). All other matters within the agreement are as were proposed in the proposal previously received by the LeVander firm. Options: Approve, deny, or amend; approval of the agreement is as previously directed by Council with the changes as noted above. Council Action: �By motion authorize the Mayor and City Administrator to execute the Agreement with the firm of LeVander, Gillen & Miller, P.A. as presented CITY OF COTTAGE GROVE LEGAL SERVICES AGREEMENT This Legal Services Agreement ("Agreement") made this 14 day of August, 2013, by and between the City of Cottage Grove ("City"), a Minnesota municipal coiporation, and LeVander, Gillen & Miller, P.A. ("LeVander"), a Minnesota professional association. RECITALS A. City has selected LeVander to serve as the law fii�rn to provide legal representation for Civil, EDA matters and Developer Pass-Through matters based upon information and discussions presented at various meetings. B. City and LeVander desire to memorialize their understanding in this Agreement regarding the scope of worlc and fee arrangements for the legal representation. I. DEFINITIONS A. "Civil Legal Representation" shall mean Retainer Services and Non-Retainer Services and shall include representation on all legal matters not involving Criminal Prosecution. B. "Retainer Services" means to: 1. Provide routine legal advice, consultation and opinions to the City Council and City Staff. 2. Prepare and review routine ordinances, agreements, contracts and related documents. 3. Attend regular City Council meetings. 4. Attend regular Planning Commission meetings, as requested. 5. Attend regular EDA meetings, as requested. 6. Monitor pending and cunent State/Federal legislation and case law as appropriate. 7. Review minutes of the City Council meetings, Planning Commission meetings or other committee meetings, when requested. 8. Respond to routine inquiries by the public. C. "Non-Retainer Services" means to: 1. Represent the City in civillitigation, including condemnation. 2. Represent the City in acquisition of Rights of Way and land. 3. Represent the City in administrative proceedings. 4. Attend meetings other than regular City Council, Planning Commission or EDA meetings. 5. Negotiate, draft and provide substantial review of contracts, deeds, easements, ordinances, resolutions, and other documents. 6. Represent the City in employment law matters, telecommunications and public utilities. 7. Other non-routine matters, as approved by the City Administrator. D. `BDA Representation" means those matters that come before the Economic Development Authority as development projects or other actions that require legal assistance or review. E. "Developer Pass-Through" Representation means those matters that involve a developer or other party who specifically requests the City's or EDA's legal services on a project and the City's or EDA's interest is served in providing those legal services, including but not limited to development agreements, project analysis, and planning applications. These projects typically involve an escrow that is provided by the developer or applicant prior to the initiation of worlc. II. SERVICES PROVIDED LeVander shall provide Civil Legal Representation, EDA Representation and Developer Pass- Through Representation on behalf of the City during the term of this Agreement. Korine Land will be the principal responsible attorney for all matters, assisted by Bridget McCauley Nason. Any of the shareholders, associates, legal assistants or staff will also be available when requested. III. FILES AND RECORDS LeVander will keep complete files and records for all matters it handles for the City. An updated index of such files will be provided to the City upon request. Previous files no longer needed for current matters may be commercially archived or stored electronically. IV. FEES, CHARGES AND BILLING LeVander will bill the City monthly in increments of one-tenth (0.1) of an hour for the following services at the following rates: A. Civil Legal Representation 2 Years Description of Work Rate Retainer and Non- $135/hour attorneys Aug. 15 — Dec. 31, 2013 Retainer $95/hour paralegals Developer Pass-Through $205/hour attorneys $125/hour paralegals Retainer $2,750 per month Non-Retainer $13 5/hour attorneys Jan. 1— Dec. 31, 2014 $95/hour paralegals Developer Pass-Tluough �205/hour attorneys $125/hour paralegals Retainer $2,750 per month Non-Retainer $140/hour attorneys Jan. 1- Dec. 31, 2015 $100/hour paralegals Developer Pass-Through $205/hour attorneys $125/hour paralegals Retainer $2,750 per month Non-Retainer $145/hour attorneys Jan. 1— Dec. 31, 2016 $105/hour paralegals Developer Pass-Through �205/hour attorneys $125/hour paralegals B. Other Services 1. Photocopying/color copies 2. Westlaw Legal Research 3. Mileage Reimbursement 4. Other out-of-pocket costs $.20/page; $.49/page Actual Cost; not to exceed $300/month Applicable IRS approved rate Actual Cost V. TERM This Agreement shall commence on August 14, 2013, and shall terminate on December 31, 2016. This Agreement may be renewed thereafter upon mutual agreement of the parties. The City may terminate this Agreement upon sixty (60) days written notice to LeVander. 1 No mileage will be charged to and fi•om City Hall. 2 Recording fees, filing fees, expei�t witness fees, court reporter fees, survey fees, and long distance telephone or fax chaiges will be billed at actual cost. Advanced approval of such fees will be obtained when possible. VI. MISCELLANEOUS � C This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. This Agreement shall not be assignable. The following authorized representatives of the parties hereby execute this Agreement as of the date stated above: LeVander, Gillen & Miller, P.A. By: I�orine L. Land Shareholder/Board Member By: Timothy J. Kuntz ShareholderBoard Member City of Cottage Grove By: Myron Bailey Mayor By: Ryan Scluoeder City Administrator �