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Home My WebLink About1998-06-03 PACKET 04.C.F2EQUE5T OF CITY GOUNCIL ACTION COUNCIL AGEhlDA MEETING ITEM # DATE 6/3/98 _ � . C , PREPARE[7 BY Administration Ryan Schroeder ORBGINF�TING i3EPRR i i�EF1T STAFF RUTHf3R & �H 9 W A'fi 6 R d 9 b d 6# A!# 4 t d*& 6! 4& b b# R R f&* O R' W@ R 6 b*& 8* i f 1r COUNCBL ACTION REQUEST: �e � �' Approve Retainer Agreement for �g�ecution Services between fhe City of Cottage Grove and Kennedy and Graven. SUPPORTING DOCUMENTS ❑ PJIEMO/LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ EMGINEERING RECOMMENDATION: ❑ IEGAL RECOMMENDATION: � OTHER: Attorney Retainer Agreemeni ADMINISTRATORS COMMEfVTS The revised agreement results in a change from m' -ye r term (6/97 to 6/98) to a calendar year term. The rates will remain th a S c} 9�I�' City Administrator Date N h 6 h YY A C 4 W$*** 4 N M R 0 4 aY { 4** L&* 4& A Q$ 4 6$! fi 6 k* k k** 6 R$@ COUNGIL ACTIOPd TAKEN: ❑ APPROVED ❑ DEI�IED ❑ OTHER ATTORNEY RETAINER AGREEMENT This Agreement, made this 3rd day of June, 1998 by and between the CITY OF COTTAGE GROVE, MINNESOTA, hereinafter referred to as the "City," first party, anc3 the law firm of KENNEDY & GRAVEN, CHARTERED, hereinafter referred to as the "Attorney," second party. li.%flll►ir�.�.�51II1:� , , : . The City hereby retains the Attorney to have chazge of and represent the City in all legal matters from June 3, 1998 to December 31, 1999 at the fees hereinafter set forth and the Attorney hereby accepts such retainer and employment. 2. DITTIES AND FEES. a) Retainer Services. The fee shall be Three Thousand Four Hundred and 00/100 Dollazs ($3,400.00) per month, payable monthly. The monthly fee shall be for work up to 400 hours of legal services for the term of the contract for the following types of work: (i) Attend all regulaz City Council meetings. (ii) Attend Special Council meetings upon request of the City Administrator or the Council. (iii) Attend Planning Commission and Advisory Committee meetings when requested by the City Administrator. (iv) Render legal opinions upon matters submitted by the City Council or by the City Administrator, except as to those matters contained in Non- Retainer Services. RCL143913 CT155-1 (v) Approve as to form all bonds and insurance required to be submitted to the City, except as to those matters contained in Non-Retainer Services. (vi) Prepare for execution ail contracts and other written instruments to which the City is a party, except as to those matters contained in Non-Retainer Services. (vii) Prepaze and revise ordinances when so requested by the City Council or the City Administrator. (viii) Call to the attention of the City Council and the City Administrator all matters of law affecting the City and its officers. (ix) Prepaze necessary resolutions for City business, except as to those relating to matters in Non-Retainer Services. (x) Consult with depar[ment heads concerning municipal business upon approval by the Ciry Administrator. (xi) Do such other matters, not included in Non-Retainer Services, which aze reasonable and necessary for the efficient and orderly conduct of City affairs. The Attorney sha11 provide the City with a monthly accounting of the hours worked, and a year-to-date totai of hours. Any Retainer Service time in excess of 400 hours for the contract term shall be billed as additional work under Non-Retainer General Legal Services described in b(i} below: b) Non-Retainer Services. (i) General Le�al Services (described above under Retainer Service) in excess of 400 hours for the term of this contract. The fee shall be One Hundred RCL143913 CT155-1 Z Five and 00/100 Dollars ($105.00) per hour for senior attomeys; Ninety Five and 00/100 Dollars (95.00) per hour for associates payable monthly. (ii) Other Civil Matters (LiYigation/Real EstaYe�. The fee shall be One Hundred Fifteen and 00/100 Doilazs ($115.00) per hour for senior attomeys, One Hundred and 00/100 Dollazs ($100.00) per hour for associates, payable monthly, and includes the following types of services: (a) Actions, suits or proceedings in all courts and before any administrative boazds, tribunals, azbitrators, or heazing officers. (b) The acquisition of interests in lands by negotiation or otherwise and prepazation of real estate documents. (c) All necessary legal work involved in capital improvement projects, including acquisition of necessary lands for the improvement project, through heazings conducted by Commissioners in Condemnation. (d) Appeais to the District Court from any awards in condemnation actions. (iii) Development and Real Estate Services Paid by Developer. The fee shall be One Hundred Twenty-Five and 00/100 Doilazs ($125.00) per hour for senior attomeys, One Hundred Ten and 00/100 Dollars ($110.00) per hour for associates; Seventy-Five and 00/100 Dollazs ($75.00) for pazalegals, and Sixty-Five and 00/100 Dollazs ($65.00) for law clerks, payable monthly, and includes the following types of services: (a) Tax increment finance (TIF) legal services and development contracts when fees are pad by Developer. RCL143913 Cf155-1 3 (b) Development Agreements and Subdivision Legal Services when fees aze paid by Developer. (c) Real estate and capital improvement projects when fees aze paid by Developer. Services performed by a paralegal for any Non-Retainer Services shall be billed at the rate of Sixty-Five and 00/100 Dollazs ($65.00) per hour. Services performed by a law clerk shail be billed at the rate of Sixty and 00/100 Dollazs ($60.00) per hour. 3. PAYMENTS Fees shall be billed monthly following the month in which the services aze performed. Word processinglsecretarial services, mileage within fifty (50) miles of Cottage Grove, postage and photoeopying of ten (10) pages or less per document shall be included in the Fees. Costs and expenses advanced by Attorney for the benefit of the City, including filing fees, process service fees, court reporter fees, courier fees, facsimile, photocopying, and computer research chazges (Westlaw, Lexis), excluding CD-ROM, shall be billed monthly following the month in which they aze advanced. 4. GENERAL. The Attorney shall neither institute nor compromise any civil claim or proceeding to which the City is a parry, except upon authority to do so granted by the Council. 5. RECORDS. The Attorney shall keep in its office a docket in which shall be recorded all proceedings connected with any action in which the City is imolved and shall keep such other records as may be necessary to preserve the complete history of the business of the City handled by the Attorney. RCL143913 ,f CT155-1 "t Said docket and records shall be the property of the City, and shall, at all times, be subject to the inspection and control of the City. 6. CONFLICTS. The Attorney shall not, during the term of this retainer, accept the cause of any party whose interest is adverse to the City, nor shall the Attorney, after the term of this or any subsequent retainer, accept the cause of any person whose interest is adverse to the City where such cause azose out of official action by the City during the term of this or any subsequent retainer. '7. PROFESSIONAL LIABILITY INSURANCE. The Attomey shall maintain, during the term of this Contract, professional liability insurance ensuring payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as an attorney, in an amount of at least Five Hundred Thousand and 00/100 Dollars ($500,000.00) with an insurance company in good standing and authorized to do business in Minnesota. 8. TERMINATION. This Agreement may be terminated by either party upon ninety (90) days' written notice to the other pariy. The Attorney shall thereupon return all files relating to the City business upon payment of accrued fees. IN WITNESS WHEREOF, the parties hereto have set their hands the day and yeaz above written. RCL143913 G CT155-1 �/ KENNEDY & GRAVEN, CHARTERED : Robert C. Long, Director CITY OF COTTAGE GROVE : : John D. Denzer, Its Mayor Caron M. Stransky, Its Clerk RCL143913 CT155-1