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2001-12-19 PACKET 04.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # � DATE 12/19/01 � • PREPARED BY: Administration Ryan Schroeder ORIGINATING DEPARTMENT STAFF AUTHOR t.. COUNCIL ACTION REQUEST: Consider authorizing the Mayor and City Administrator to enter into the general legal services contract for 2002 with Kennedy and Graven. STAFF RECOMMENDATION: Authorize the Mayor and City Administrator to enter into the contract. The general retainer fees have increased by approximately 3 percent. SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from Ryan Schroeder dated 12/11/01. ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMEIVDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Attorney Retainer Agreement. ADMINISTRATORS COMMENTS: � j � .Cd��:�dCZ / u City Administrator Date ,....�...�....,,,,........�.,+<..,....��,.....+,. COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER C:\WINDOWS\Desktop\Kennedy & Graven-�9 Dec 01.doc Office of the City Administrator Memo To: Mayor and City Council From:Ryan R. Schroeder �j � Date: 12/11 /01 Re: General Legal Agreement At the last meeting of Council you approved a three-year agreement with Joe Taylor for prosecution services (2002 through 2004). At this time, we are recommending another one- year agreement for general legal services with the Kennedy and Graven law firm. The proposed agreement is attached for your review and approval. There are a few changes from the current agreement suggested for this one. Initially, the retainer amount is stated at $3820/month which is an approximate 3% increase from the current level. The hourly rates for the retainer fees (after 400 billable hours) are split three ways. The top rate is proposed to increase 3.4%, the lower tier increases 3% and new for this year is a middle tier for less senior personnel which remains frozen at 2001 rates. For nonretainer civil work the top rate will remain the same as in 2001 with the bottom tier increasing 3%. A new middle tier will have rates that are $5/hour lower than the current 2001 rate for those positions (which are in the top tier in 2001). For non-retainer work we have added a provision that employment matters qualify upon prior consent by the City (as some of these matters can become quite extensive). For developer reimbursed rates it is proposed that we increase the hourly by $5/hour on the low and high end with two middle tiers created as well with new rates. Paragraph 3 deletes language dealing with reimbursable costs. Removed is language that photocopying of less than 10 pages is part of overhead. As a practical matter most of this work is emailed now, which we then reproduce, so neither party experiences any billable or payable for the item. Corrine has also modified language in paragraph 5 to confortn to the Minnesota Govemment Data Practices Act. Council Action: By motion authorize the Mayor and City Administrator to enter into the general legal service contract for 2002 with the firtn of Kennedy and Graven et al as presented. • Page 1 ATTORNEY RETAINER AGREEMENT This Agreement, made this lst day of January, 2002, by and between the CITY OF COTTAGE GROVE, MINNESOTA, hereinafter referred to as the "City," first party, and the law firm of KENNEDY & GRAVEN, CHARTERED, hereinafter referred to as the "Attorney," second party. WITNESSETH: 1. RETAINER. The City hereby retains the Attorney to have chazge of and represent the City in all legal matters from January 1, 2002 to December 31, 2002, at the fees hereinafrer set forth and the Attomey hereby accepts such retainer and employment. 2. DUTIES AND FEES. a) Retainer Services. The fee shall be Three Thousand Eight Hundred Ten and 00/] 00 Dollars ($3,810.00) 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 regular 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 CAH-207135vI CT155-1 Non-Retainer Services. (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) Prepaze for execution all contracts and other written instruments to whieh the City is a party, except as to those matters contained in Non-Retainer Services. (vii) Prepare 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 department heads conceming municipal business upon approval by the City Administrator. (xi) Do such other matters, not included in Non-Retainer Services, which are reasonable and necessary for the efficient and orderly conduct of City affairs. The Attorney shall provide the City with a monthly accounting of the hours worked, and a yeaz-to-date total 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) belaw: b) Non-Retainer Services. CAH-20713�v1 CTI55-1 (i) General Leeal Services (described above under Retainer Service) in excess of 400 hours for the term of this contract. The hourly rates for said services shail be billed according to Rate A as shown on the attached Fee Schedule. (ii) Other Civil Matters (Litigation/Real Estat�. The following types of services shall be billed according to Rate B as shown on the attached Fee Schedule: (a) Actions, suits or proceedings in all courts and before any administrative boards, tribunals, azbitrators, or hearing officers. (b) The acquisition of interests in lands by negotiation or otherwise and preparation of real estate documents. (c) All necessary lega] work involved in capita] improvement projects, including acquisition of necessary lands for the improvement project, through hearings conducted by Commissioners in Condemnation. (d) Appeals to the District Court from any awazds in condemnation actions. (e) Other non-routine matters that involve particularized knowledge or experience in a defined legal pracUce area, such as employment or public utilities, where the matter is expected to require significant time, upon the approval of the City Administrator. (iii) Develo�ment and Real Estate Services Paid by Developer. The following types of services shall be billed at Rate C as shown on the attached Fee Schedule: CAH-207135e'I CTI55-I (a) (b) (c) 3. PAYMENTS. Ta;c increment finance (TIF) legal services and development contracts when fees aze paid by Developer. Development Agreements and Subdivision Legal Services when fees aze paid by Developer. Real estate and capital improvement projects when fees are paid by Developer. Fees shall be billed monthly following the month in which the services aze performed. Word processing/secretarial services, mileage within fifty (50) miles of Cottage Grove, and postage 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, couner fees, facsimile, photocopying, and computer reseazch charges (Westlaw, Lexis), excluding CD-ROM, shall be billed monthly following the month in which they aze advanced. 4. GENERAI,. The Attorney shall neither institute nor compromise any civil claim or proceeding to which the City is a party, except upon authority to do so granted by the Council. 5. RECORDS. The Attomey shall keep such records as may be necessary to preserve a complete and accurate record of the business of the City handled by the Attorney. Said records shall be the property of the City, and shail, at all times, be subject to the inspection and control of the City. The provisions of Minnesota Statutes, Section 13.05, subd. 11 aze mcorporated herein by reference. The Attomey has no obligation to allow members of the public to have access to data maintained by the Attomey. CAH-207135v1 CT155-1 6. CONFLICTS. The Attomey 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 officia] action by the City during the term of this or any subsequent retainer. 7. PROFESSIONAL LIABILITY INSURANCE. The Attorney 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 attomey, in an amount of at least Five Hundred Thousand and 00/100 Dollazs ($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 party. The Attorney shall thereupon retum all files relating to the City business upon payment of accrued fees. CAH-207135v1 CT755-1 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year above wntten. KENNEDY & GRAVEN,CHARTERED � Comne H. Thomson, Director CITY OF COTTAGE GROVE � � Sandra Shiety,Its Mayor Caron M. Stransky, Its Clerk CAH-207135v1 CT155-1 Attarney Experience Rate A Rate B Rate C Level (Yrs) Retainer Non- Reimburs. Routine Robert Also Over15 $118 $125 $165 Ron Batt Over 15 $118 $125 $165 Ste hen Bubul 10-15 $114 $120 $155 John Choi 5-10 $114 $120 $145 Karen Cole Over 15 $118 $125 $165 JohnDean Over15 $118 $125 $165 Daniel Greenswei 5-10 $114 $120 $150 David Kenned Over15 $118 $125 $165 JenniferKlemetsrud 0-5 $107 $112 $145 Charlie LeFevere Over 15 $118 $125 $165 John LeFevre Over15 $118 $125 $165 Robert Lindall Over 15 $118 $12S $165 ScottRi s 5-10 $114 $120 $150 B an Shirle 0-5 $107 $112 $145 James Strommen Over 15 $ll8 $125 $165 Corrine Thomson Over 15 $118 $125 $165 James Thomson Over 15 $118 $125 $165 Ma Tiet'en 0-5 $107 $112 $145 John Utle Over 15 $118 $125 $165 Robert Vose 5-10 $114 $120 $150 Arlin Waelti Over 15 $118 $125 $165 La Wertheim Over 15 $118 $125 $165 Bonnie Wilkins Over 15 $118 $125 $165 Parale als $75.00 $75.00 $95.00 Law clerks $70.00 $70.00 $75.00 CAH-207135v1 CTI55-t