HomeMy WebLinkAbout8A - New City Attorney Firm
STAFF AGENDA REPORT
DATE:
8A
FRANK BOYLES, CITY MANAGER
SELECTION OF NEW CITY ATTORNEY FIRM COMMENCING
JANUARY 1, 1996
NOVEMBER 20,1995
AGENDA #:
PREPARED BY:
SUBJECT:
BACKGROUND:
This agenda item recommends that the firm of Popham Haik
Schnobrich and Kaufman be appointed City Attorney for Prior Lake
commencing January 1, 1996. Minnesota Statutes Section 412.651,
Subdivision 3 states: "Appointment of Personnel upon Council
Approval. The City Manager shall appoint on the basis of merit and
fitness and subject to any applicable Civil Service provisions and
except as herein provided, removal of the Clerk, all heads of
departments and all subordinate officers and employees: but the
appointment and removal of the attorney shall be subject to the
approval of the City Council." (Emphasis mine).
In accordance with this provision it would be appropriate for the City
Council to act to support or oppose my recommendation for a City
Attorney firm for 1996.
DISCUSSION:
The law firm of Lommen and Nelson has acted as Prior Lake's City
Attorney for many years. During this period they have represented
the City admirably in a wide range of issues. Given the challenges
which will face our developing community, I prepared a Request for
Proposal which contemplates a more proactive role of the City
Attorney in preventing legal actions than we have not heretofore
requested. Copies of the Request for Proposal (RFP) were
distributed to various law firms.
Proposals were received on July 14th. Proposals were submitted
by: Briggs and Morgan, Kennedy and Graven, Lommen Nelson,
Popham Haik, Ratwik Roszak, Ryder Bennett, and Severson Wilcox.
The proposals were distributed to staff department heads and to
Councilmembers. Staff members including Ralph Teschner, Gary
Staber, Paul Hokeness, Larry Anderson, Don Rye and I met to
discuss the qualifications of the seven firms. After reviewing the
proposals, we concluded that three firms should be interviewed by a
16200 Eagle CreekAve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNllY EMPLOYER
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joint Staff/Council panel. The firms were Popham Haik, Kennedy
Graven and Severson Wilcox. These firms consistently received
high rankings from staff members. In addition, the staff prepared a
City Attorney Selection Matrix (attached) which compared a number
of salient points with respect to each firm.
Interviews took place at Fire Station #1 and included
Councilmembers Schenck and Kedrowski together with the staff
members identified above.
Following the interviews the committee concurred that the firms of
Popham Haik and Kennedy and Graven were most likely to be able
to fulfill the City's needs. This judgment was based upon information
supplied at the interview, information included in the RFP's and in
consideration of the experience each of the firms have had in
representing metropolitan area municipalities. The firm of Popham
Haik was considered to be strongest given the number of attorneys
they possess, and the breadth and depth of expertise they have,
particularly in the municipal field.
Since the interview I have been meeting with Suesan Pace of
Popham Haik to agree upon the costs and services that they would
provide as the new City Attorney. Attached is a letter dated October
23, 1995 signed by Suesan Pace confirming our agreement with
respect to City Attorney services. The agreement includes a retainer
paid to Popham Haik of $8000 per month. In exchange for the
retainer the firm will provide the twelve broad areas of legal service
identified in the "General Municipal Legal Services Description"
which is attached to the letter.
This fee would be effective from January 1, 1996 through September
30, 1996. During that period the bills will reflect actual time and
expenditures together with the retainer amount. Such detailed
invoices will allow us to compare whether the retainer exceeds or is
less than the cost of actual services rendered. If after nine months,
actual costs are either 15 percent more or 15 percent less than the
total retainer amount, then we would negotiate a new fee with the
firm.
Included in the proposal are twenty (20) hours of transition fees to
allow Popham Haik to set up the necessary files and to ask
questions about the history of issues with Lommen Nelson. Also
included within the retainer are training services to the Council and
staff. As an example, Suesan Pace intends to be present at the City
Council January 19th and 20th Winter Workshop to discuss issues
pertinent to City Council and City Attorney relationships.
Tom Barrett will assume the role of City Attorney. Tom is presently
City Attorney of Orono and Excelsior and has assumed that role for
AGN1120.00C
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ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
Attachment
AGNI120.DOC
the last six years. As City Attorney, Tom will attend all Council
meetings and will be the primary Council/Staff contact. Suesan
Pace will be Deputy City Attorney. Kevin Staunton will fill in for each
of them, as appropriate.
The Council has the following alternatives:
1. Approve Resolution 95-115 naming the firm of Popham Haik
Schnobrich and Kaufman as the City Attorney for Prior Lake
commencing January 1, 1996.
2. Take no action and direct that additional information be provided
or negotiations undertaken.
Alternative #1. I believe that the City of Prior Lake will be well
served by the firm of Popham Haik Schnobrich and Kaufman. The
arrangement we have negotiated provides for a not to exceed cap on
City Attorney costs while providing a fail safe in the event that the
price is substantially less or more than the amount negotiated.
Finally, the firm has had considerable experience in representing
municipalities who have had problems similar to those which Prior
Lake is facing or will face in the future. It is critical that Suesan Pace
as Deputy City Attorney has also served as City Attorney for the City
of St. Louis Park and that Tom Barrett as City Attorney is
representing Orono and Excelsior. Both have a considerable degree
of expertise in municipal issues, as does Kevin Staunton, who will be
assisting them with the Prior Lake account.
Motion and second to adopt Resolution 95-115 confirming the City
Manager's recommendation to appoint the firm of Popham Haik
Schnobrich and Kaufman as City Attorney for the City of Prior Lake
commencing January 1, 1996.
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RESOLUTION 95-115
A RESOLUTION CONFIRMING THE CITY MANAGER'S RECOMMENDATION
FOR APPOINTMENT OF A CITY ATTORNEY FOR 1996
MOTION BY: SECONDED BY:
WHEREAS, Minnesota Statutes provides that the City Manager may recommend a new City
Attorney firm subject to the approval of the City Council; and
WHEREAS, a Request for Proposal was prepared and seven firms responded thereto: and
WHEREAS, the selection of a City Attorney is considered a Professional Service within the meaning
of Minnesota Statutes 471.345 the Uniform Municipal Contracting Law: and
WHEREAS, based upon criteria set forth by the City, the firm of Popham Haik Schnobrich and
Kaufman has been recommended by the City Manager to begin service as City
Attorney on January 1, 1996.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of Prior Lake that the City
Council hereby confirms the City Manager's recommendation that the firm of Popham, Haik, Schnobrich
and Kaufman be named as Prior Lake City Attorney effective January 1, 1996, in conformance with the
staff report dated November 6, 1995 and the terms of the Request for Proposal, the proposal submitted by
Popham Haik, their letter of clarification of September 26, 1995 and the City Manager's letter of October
23, 1995.
Passed and adopted this _ day of
, 1995.
YES
NO
Andren
Greenfield
Kedrowski
Schenck
Scott
Andren
Greenfield
Kedrowski
Schenck
Scott
{Seal}
Frank Boyles
City Manager
City of Prior Lake
RESATTYDOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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CITY OF PRIOR LAKE
7/; if
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REQUEST FOR PROPOSALS
FOR
PROFESSIONAL LEGAL SERVICES
SECTION 1. REQUEST FOR PROPOSALS FOR LEGAL SERVICES
The City of Prior Lake is requesting proposals for legal services from firms
experienced in municipal law. While the firms selected will not be a member
of the city staff, we expect that the attorneys representing the city will
become part of the staff/council work team. As such it is not sufficient to
limit advice on issues to that which is permissible under the law, but instead
to provocatively advise the staff of the implications of proposed action before
litigation occurs. Anticipation of legal issues is a high priority from the city's
prospective. Training staff and city council to become more "litigation proof'
is desired.
The City of Prior Lake is a growing suburb of 13,500 people located south of
Minneapolis in Scott County. The area of Prior Lake has 16 square miles
and operates as a statutory Plan B City. The City is governed by five
Councilmembers elected at large, and a Mayor elected at large. .W terms
are four years overlapping. As a statutory -Plan B city, Prior Lake operates
under the Council-lVlanager form of government. The city's tax base is
primarily residential. The City is about two-thirds developed and projects an
ultimate population of over 25,000 by the year 2020. The City employs 57
full time employees represented by four bargaining groups.
SECTION II. TIMETABLE
The City plans to use the following timetable for receiving and analyzing
proposals:
A. Proposals shall be received until July 14, 1995 at 4:30 p.m. at the Prior
Lake City Hall, 16200 Eagle Creek Avenue.
B. The City lYlanager, Staff and City Council plan to review and analyze
all proposals in July and schedule interviews with one or more firms in
early August.
C. The City plans to make a final selection before September 1, 1995.
D. The effective date oflegal representation will be negotiated to assure a
smooth transition in legal services, but is anticipated to be no later
than January 1, 1996.
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RFPA TTH.DOC
16200 Eagle Creek Ave.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A;"; =:QL:AL OP?ORT0:-lm' E....1PLOYER
E. The term of the appointment as City Attorney shall be indefinite,
subject to ongoing review and evaluation by the City Manager and
City Council.
SECTION III. GENERAL INSTRUCTIONS
Proposals received shall include general municipal representation on civil matters.
Proposals may also include bond counsel services, but are not required to include
this additional service.
Included in this Request For Proposal are the following:
1. An outline of proposal requirements.
2. A description of the services to be provided in each category.
3. An overview of the legal services provided to the City during 1994.
4. The anticipated appointment procedure.
5. Conflict of interest questions.
Questions regarding this Request should be directed to the City Manager, Frank
Boyles, 16200 Eagle Creek Avenue, Prior Lake, MN 55372; Phone: 447-4230.
In order to ensure a fair review and selection process, law firms submitting
proposals are specifically requested not to make other contacts with the City staff or
Councilmembers regarding their proposals.
The original and fourteen copies of the proposal should be submitted to Frank
Boyles, City lVIanager, City of Prior Lake, 16200 Eagle Creek Avenue SE, Prior
Lake, MN 55372. Proposals must be received no later than 4:30 p.m., July 14,
1995.
Proposals submitted must provide complete information as indicated m this
request.
SECTION IV. REQUIRED CONTENTS FOR PROPOSALS
A. Firm Background
1. Brief history.
2. Number of attorneys/specialties.
3. Number of paralegals/specialties.
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RFPA TTH.DOC
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4. Support personnel
5. Office organization, and support capabilities.
6. Flowchart of work process for municipal work.
7. Location of primary office servicing this account and attorneys
assigned thereto.
B. Attorney Qualifications
1. Identify each attomey and key support personnel who will be
supplying service for which the City will be billed.
2. For each person identified, please state:
a. Relevant academic training and degrees.
b. A description of their prior municipal experience in the areas
covered by your proposal and an estimate of the percentage
of their work in those areas from 1992 through the present.
c. Other background or experience which may be helpful in
evaluating your proposal. Background or experience in the
areas of land use regulation, general and public contracting,
eminent domain, real estate, labor relations and municipally
related litigation will be of special interest in evaluating
proposals.
3. A description of the proposed allocation of work between the
attorney(s) and support personnel identified (Le., who will be the
lead attorney and what work will be handled by junior partners,
associates or paralegals).
4. Current principal responsibilities for each individual attorney,
including a statement indicating future availability.
C. Firm Qualifications
1. The names and telephone numbers of three client references who
the City may contact. Municipal references are preferred. If the
firm has represented any Minnesota municipalities or governmental
agencies from 1992 through present, state the name of that agency,
and the name, title, and telephone number of a reference at that
agency whom the City may contact. If the firm has represented
such an entity, but does not wish the City to contact the entity, list
the name of the municipality or agency, and state your reasons why
no contact is requested.
2. Specify whether the firm is a recognized bond counsel, and plans to
serve in that capacity in the proposed representation.
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3. Statement of 1993 and 1994 billings for municipal work as a
percentage of billings for those years.
D. ~
1 . Identify the monthly retainer fee to be charged for general
governmental services and the municipal legal services as listed in
Section V covered by the retainer (preferred approach); OR;
2. Your proposal for the dollar amount of fixed and/or hourly fees and
costs your firm will charge for providing the legal services to the
City of Prior Lake covered by your proposal. For the hourly fees
portion of your proposal, please identify the hourly rate of each
attorney and support personnel. Identify the minimum increment of
time billed for each service, e.g. phone calls, correspondence,
personal conference. Also state separately the rate for any firm
cost items to be billed (Le. photocopying, Westlaw, Lexis fees, etc.)
3. The City requests monthly billing statements which:
a. Itemize the date of services.
b. Identify the attorney and/or support personnel providing the
services.
c. Lists time spent.
d. Provides a detailed description of the services performed.
e. States the fees for those services.
f. Organizes billing by retainer and non-retainer for general
corporate work by department, type of services and/or
project.
If another billing format will be proposed, please describe that
format and provide a sample.
SECTION V. GENERAL MUNICIPAL LEGAL SERVICES DESCRIPTION
A. Attendance at all City Council meetings (currently the first and third
Monday of each month at 7:30 p.m) other City board, commission or
committee meetings as requested by the City Councilor City Manager.
B. Drafting of ordinances, resolutions, and correspondence as requested,
including primary responsibility for maintenance of master city code book,
and printing and distribution of ordinance amendments to code book
holders.
C. Careful review of all Council and Planning Commission agenda items and
minutes.
D. Codification of City ordinances on a current basis (supplying the city with
CD ROM of current City code and Minnesota Statutes is preferred).
E. Meetings and/or telephone conversations with and advising Mayor,
Councilmembers, City Manager, Department Managers and other staff on
general legal matters.
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F. Review of municipal contracts, including contracts for public
improvements, developments, joint powers agreements, construction,
purchase of equipment, and the like.
G. Representation of the City in the acquisition of properties for public
improvements, special assessment appeals, easements, parks and the
like.
H. Representation of the City in condemnation proceedings for public
improvement projects, etc.
I. Representation of City or Economic Development related issues including
sale of city office park property, developer agreement and tax increment
document review.
J. Representation of the City in matters related to the enforcement of city
building, subdivision and zoning codes.
K. Representation of the City in employment related issues, labor
negotiations, arbitration, administrative hearings, and in litigation involving
same.
L. Interpretation and advice with respect to municipal employment matters
including, but not limited to: PELRA, labor agreements, personnel policy,
FLSA, veteran's preference, and unemployment compensation and the
like.
M. Research and submission of legal opinions on municipal or other legal
matters requested by City staff or City Manager.
N. Meetings with the City Manager and Department Heads every two weeks
to review Council agenda items, the status of all legal matters before the
City and providing a quarterly written status report on all current litigation
and unresolved matters.
O. Providing a legal briefing as requested to the City staff and Council
regarding new or proposed legislation affecting municipal operations and
activities.
P. Providing on a periodic basis, written updates and/or training on new state
or federal legislation or judicial holding impacting upon the City, and
suggested action or changes in operations or procedures to assure
compliance.
a. Defend the City in all litigation, except in those cases where insurance
companies are required to exclusively provide defense, including but not
limited to: (1) human rights claims; (2) condemnation; (3) zoning and land
use regulation matters; (4) permits and administrative actions; and (5)
labor and employment matters.
R. Represent the City in workers compensation matters.
5
S. Review bonds, deeds, securities and insurance requirements required by
or for City contracts or activities.
T. Review documents submitted by bond counsel involving the issuance of
debt related instruments and provide opinions as required (optional).
U. Please state whether or not the lead attorney would be willing to have
regular office hours in Prior lake city hall for approximately eight hours
per week.
SECTION VI LEGAL SERVICES SUMMAR
The following is a summary of the legal services used by the City during the
past year:
CATEGORY HOURS A1"'VlO UNT % OF TOTAL
Council :Meeting 79 $ 4,200.00 6.9% ff\ O~
Billed Hours 839 $85,359.00 93.1% #cgf
Westlaw & l'IIisc. $ 2,129.00
Expenses
TOTAL 918 $91,688.00 100%
SECTION VII. PROPOSAL EVALUATION AND APPOINTMENT
A. The city intends to retain the legal services of their proposer
evaluated to be best qualified to perform the work for the city, cost,
quality and other factors considered.
B. Firms who are considered as finalists will be interviewed to clarify
questions on the proposal.
C. Based upon evaluation by the City Council, City l'IIanager and staff,
the City Manager will recommend to the City Council the
appointment of a law firm judged to be the most responsive and
responsible proposer. The final confirmation of the law firm will be
made by the City Council.
D. The City will not reimburse the proposer for any expenses incurred
by the proposer including, but not limited to, expenses associated
with the preparation and submission of the proposal, and
attendance at interviews.
E. The City reserves the right to reject any and all proposals or to
request additional information from any and all proposers.
RFPA TTH.DOC
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SECTION VIII. CONFLICT OF INTEREST
A. Indicate whether you or your firm represent, or have represented
any client which representation may conflict with your ability to
serve as city attorney.
B. Do you currently represent any real estate developers?
C. Do you currently represent or are you being considered to represent
any other local units of government having jurisdiction within or
contiguous to the City of Prior Lake?
D. What procedures does your firm utilize to identify and resolve
conflicts of interest?
E. Is your :firm. registered as or does your firm act as a lobbyist? If so,
on what issues and whom do you represent?
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RFPA TIH.DOC
POPHAM HAIK
SCHNOBRICH So KAUFMAN, L.TD.
INCLUDING THE L.AW PRACTICE OF
MASON, FENWICK So LAWRENCE, ESTABLISHED 1881
U.S. OFP'ICIES:
AFFILIATIONS:
DENV.", COL.OftADO
T!~ 303-893-1200
SUITE 3300
BEIJING, CHINA
TEL 01 1881-5135281
MIAMI. FL.ORIDA
TilL. 305-530-0050
222 SOUTH NINTH STREET
MINNEAPOLIS, MINNESOTA !5!5402-3336
TEL 612-333-4800 . FAX 612-334-8888
LEI~ZIG. GEftMANY
TEL. 01 149-34 I -49 I 8429
WASHINGTON, D.C.
TEL 202-824-8000
STUTTGART, GERMANY
TEL 0 I 1411-71 1-22383
SUESAN LEA PACE, ESQ.
DIRECT DIAL (812) 334-2626
September 26, 1995
Frank Boyles, City Manager
CITY OF PRIOR LAKE
1620 Eagle Creek Avenue
Prior Lake MN 55372-174
Re: Fee Proposal
Dear Mr. Boyles:
I am writing at your request to provide you with a fee proposal for representation of
the City of Prior Lake during calendar year 1996. Our proposal is an effort to try and
balance the City's interest in retaining experienced and high-quality legal representation at a
reasonable cost with our Firm's need to receive reasonable compensation for providing those
services. To that end, we are interested in discussing (both now and as our relationship
develops in the future) alternative and creative ways of structuring our fee arrangement. We
hope to arrive at an arrangement that gives us the incentive to contain the City's legal costs
while, at the same time, providing it with high-quality, experienced legal service.
Attached to this letter are two alternative initial fee proposals. Our ability to be
creative with these initial fee proposals is somewhat limited by our lack of experience
providing service to your City. As a result of the fact that we have not worked together in
the past, it is somewhat difficult for us to develop a sense what legal expenses the City
should reasonably incur on an annual basis. We do understand, however, that our proposals
will not cover labor and employment work, bond work, or extraordinary tasks such as
recodification or a comprehensive rezoning. For both proposals, we will provide up to 20
hours of billable time to address your concerns regarding the transition from your current
counsel to our Firm.
219/220955549/26/95
.
Frank Boyles, City Manager
September 26, 1995
Page 2
With that in mind, our first proposal (Alternative A) contains three basic components.
First, we propose a monthly retainer of $2,500 to cover the cost of our preparation for and
attendance at all City Council meetings, an average of three office hours at the City offices
per week, consultation with City Council members, review of ordinances and resolutions, and
miscellaneous meetings and telephone contacts with City staff on issues that do not require
extensive research or other action. I plan to provide 75 to 80 percent of this coverage and
propose that my partner, Kevin Staunton, provide the remaining 20 to 25 percent.
The second component of the fee proposal Alternative A is hourly rates for billable
time working on projects other than those covered by the retainer. We propose an hourly rate
of $125.00 for senior attorneys and a rate of $105.00 for associates. Fees that can be passed
through to developers or other commercial applicants would be billed at our regular rates.
(We can work with you to develop an ordinance that governs when the Council will pass fees
through to applicants.)
As our investment in the City's need to contain legal costs, we also add, as the third
component of our fee proposal Alternative A, a proposed cap on total legal fees for the year.
Based (with some adjustment) on the City's legal expenses during calendar year 1994, we
propose a $105,000 annual cap on our legal fees to the City. Given that our Firm and the
City have no history upon which to base this cap, we also propose that the cap be re-
examined after six months (in early July 1996) and re-negotiated if the annualized legal fees
through the first six months are running more than 10 percent above the annual cap. In
figuring the fees subject to this cap, we would not include fees billed to the City that are to
be passed through to other parties.
Fee proposal Alternative B is simpler than Alternative A. Under it, we propose to
provide the contemplated services for a flat fee of $9,000 per month ($108,000 per year).
Under this proposal, we would bill our time in the usual manner (Kevin Staunton and I would
bill at $125.00 per hour; all others at $115.00 per hour) and report it to you on a monthly
basis. We would review the arrangement after six months and renegotiate if the actual
average monthly billed cost for the first six months either exceeded or fell short of the $9,000
per month figure by more than 15%. Like Alternative A, we would not include "pass-
through" billing within the average monthly figure for purposes of potential renegotiation.
We are, as I have mentioned, open to alternatives to these proposals. We also
anticipate that other creative modifications of these proposals may be discussed as our Firm's
relationship with the City evolves. Nonetheless, we think these proposals strike an
appropriate balance between the City's interest in obtaining high-quality, experienced legal
219/220955549/26/95
Frank Boyles, City Manager
September 26, 1995
Page 3
service at a reasonable rate with the Firm's interest in being compensated at a viable
commercial rate for its services.
Please give me a call once you have had a chance to review the enclosed proposals so
that we can discuss how you would like to proceed.
Sincerely,
~ ~ ~~c.e /utv
Suesan Lea Pace
enclosure
cc: Kevin Staunton, Esq.
219/220955549/26/95
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POPHAM, HAIK, SCHNOBRICH Be KAUFMAN, LTD.
POPHAM HAIK FEE PROPOSAL
TO THE CITY OF PRIOR LAKE
AL TERNA TIVE A
CALENDAR YEAR 1996
RETAINER
Services Included
· Preparation for and attendance at City Council meetings.
· Consultation with City Council members.
· On-site office hours (an average of three hours per week).
· Review of ordinances and resolutions.
· Miscellaneous meetings and telephone consultations with City staff on
subjects not requiring substantial research or other action.
BILLABLE HOURLY RATES
.
Senior Attorneys
$125.00 per hour
.
Associates
$105.00 per hour
.
"Pass-Through" Fees
regular hourly rates
CAP
. $105,000 Annual Cap ("Pass-Through" Fees not counted toward cap).
. Six-month review with renegotiation if costs (projected annually) are running
more than ten percent above the cap.
POPHAM, HAIK, SCHNOBRICH Be KAUFMAN, LTD.
POPHAM HAIK FEE PROPOSAL
TO THE CITY OF PRIOR LAKE
ALTERNATIVE B
CALENDAR YEAR 1996
FLA T FEE
$9,000 per month
· Includes all services contemplated by Alternative A.
· "Pass-through" fees not part of flat fee.
BILLABLE REPORTS
.
Suesan Lea Pace and Kevin Staunton
$125.00 per hour
.
All other attorneys
$115.00 per hour
RENEGOTIA TION
· Six month review
· Renegotiation after six months if billable "cost" either exceeds or falls short of
average monthly flat fee by more than 15%.
FRu" ~UPhHM HH!K
11<;.27.1995 1.2:::
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Sl1e~fln PilLe
Popham Haik Schnobrich & Kaufman
2:22 South 9th Stored, Suite 3300
Mil1neapoli~, MN 55402-:3:~36
SubJt:ct.
City Attorney Services for Prior Lake
Dear Ms Pac~.
This letter ducument8 our d~sire to have your firm assume responRihility as City Attorm'""
effectlve Junuilry 1. 1996 subject to your July 14, 1995 response tu our request for proposal
as modifIed by your letter of September 26, 1995 llnd this lettC'r.
The City selects alternative B as sot forth in your letter dated Septemht>f 26, 1995. The
attorney services to be provided withm the retamer are indicated on the attachment
~ntitl~d, "Section V. General Municip81 Legal Services Description." Service B ]~ available
from you on a contrad basis. Service D ie available at your cost. Services H. K. L. Q, R
~ are :lvailable at an hourly fee of :j;1:l5 if provided by you or Kevin Staunton or $115
per hour for any ot,hd attorney ~lr\Ut. T ~ ~~Q.bL- J.L.ut~ ~ -to k-
~ad. .
The City will adopt an ordinance with the help of Popham Haik effective .January 1. 1996,
which will pas~ through development related legal feea to petitioner~ at 75':lu of the
~tfJndard rates.
Tr~nsition from Lommen Nelson to Popham Haik will begin in November. Your proposal
indudeg twenty hours of transition services at no cost. Popham Iiaik will bl~Lome the City
Attorney on Janu<lry 1. 1996, or as mutually agreed upon.
Such gervices will be provided to the City for 9 months from January 1, 1~96 through
September :30, 1996 at a cost not to exceed 58000 p~r month. 'The costs will be billed
monthl....... Invoices will show retainer fees and actual hours and cost6 which would have
been chl:irged had no retainer been in place. Additional C08tl~ for services rendered which
a.rc out~ide of the purview of the r~tainer will also be :;hown.
Expense~ will also be charged to the City including Westlaw. Xerox and courier service.
We agreed that you would charge the City 1I:l hour travel time to and from the city but no
per mile fee
16200 Eagle; Cr~d( Ave. S E.. Pril)r LAke. tv1inncsot<:t 55372-1714 / Ph (612) 447-42.jO I Fax (612) 447-4245
....N EOl '''L OP?O!\T1.:,,:rt' LMPUJYER
Fr.:OI'1 p Ij f ,; h f'l i, i-I : K
l.a.27.1'99S 12:24
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Sucsan Pace
Oc:tober 23, 1995
Pa.t;c :2
If after 9 month~ of service the total cost of all retainer service" rendered exclusive of
service charges and hourly costs for non-retainer items is less than or exceeds $72,000
($8,000 per month X 9 months) by 15 percent, then the City and Popham Haile will
negotiate a new retailH~r fcc.
This it<:m will be placed on the November G. 1995 City Council Agenda to providp. sufficient
time for transition to take place. You have also agreed to provide under the retainer City
Council training as part of its January 1tf. 20, 1996 workshop on issue~ pertinent to City
Council - City Attorney relationships.
Please confirm that this letter accurately summari;!;es our agreement by your aignature
below and return one copy to me by October 27, 1995 so I can plac~ this itom on the
agenda If you have any questions, please let me know.
f
;1
/
_~Wf!J.U2-
SL1.e~an Pl:1 CC: , Attorney
Popham Haik Schnohrich & Kaufman
P.\\:JIt..lu'.C, uuC
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16200 Eagk: Creek Ave SE. Prior Lok~. Minnesota S5:i7l-1714 / Ph. (612) 447-4230 / r-aJl. (li12) 447-4245
AN FQIJAL OPPORTIJ"ITY E."4J>LOY~
.
-
. II
FROM POPHHM HHIK
11:;'27.1'''9512:24
P. 4
t:" ,.- u~n 0- \ ~~ A:1-\ 0 ~~ ((. F ?
SECTION YL GENERAL MUNICIPA_l.. LEGAl, SERVlC.ESJLE-s.c.BIPTlON
A. Attendance at all City Council meetings (currently the first and third
Monday of each month at 7:30 p.rn) other City board, commission or
committee meetings as requested by the City Councilor City Manager.
B. Drafting of ordinances, resolutions, and correspondence as requested.
inoluding prim3ii rO~PQn~jbiiity :Of FI"laifl~enaAce o~ fRa3~ar .:i~1 code boo~,
anQ prlntLng and ~6tFibl:itIGA of ordlnanoe J.f'!'lt€fldmenta to ~oae book
tHilshHi.
c. Careful review of all Council and Planning Commission agenda items and
minutes.
G. Codjf:ea~ion of Cit'j arainc.noc3 on a our;-cnt 'oaoio (ouppJyir.g ~!-:e oity -witl";
C=:) RO~~1 of current Git). code and MiAFle3G~Ei S~8~utes 13 pre:erredr:
E. Meetings and/or telephone conversations with and advising Mayor.
Counci/members. City Manager, Department Managers and othei staff on
general legal matters.
4
F~aM pap~~M HRIK
1 Id . 2 7. 171 '1 :; 1 ..:. : ..2 5
P. 5
1=. Review of municipal contracts. including contracts for public
improvements. developments, joint powers agreements, construction,
purchase of equipment. and the like.
G. Representation af the City in the acquisition of properties for public
Improvements, special assessment appeals, easements, parks and the
like.
J../, Ro~ro&ont3tion of tho City in OOrl60ffiAotion ~r9eeodingG hi[ ~w61i8
Iml3rovomoflt ~FajC6t3, eta.
I. Representation of City or Economic Development related issues including
sale of city office park property, developer agreement and tax increment
document review.
J. Representation of the City in matters related to the enforcement of city
building, subdivision and zoning codes.
K. Rq:m::eent:ltion of tho City if'l employment rclJ.tcd :~~uco, labor
lRI~gotiationo, arbitraticn, admifli3trati\l'8 Roaringc, :1nd in ii~igation iR-WiI\':ng
E>~~
.l""-ll""'l_.......l I .....n... '-'Wi_ .'1,4.11 Iy t.r ,,\,v tI......'u""". It-' I~l II" mat~ar3
iFl8lbs1eiPlg. Bbdt Plat limitod to: PELR^. bbcr J.g:-ccmcnto, pcrconnel policy,
rL~A,-vetaran':3 ~refel'eAee, end unemployment oornp€fisa~ 3nd.tM
lihc.
M. Research and submission of legal opinions on municipal or other legal
matters requested by City staff or City Manager.
N. Meetings with the City Manager and Department Heads every two weeks
to review Council agenda items, the status of all legal matters before the
City and providing a quarterly written status report on all current litigation
and unresolved matters.
O. Providing a legal briefing as requested to the City staff and Council
regarding new or proposed legislatIon affecting municipal operations and
activities.
P. Providing on a periodic basis, written updates and/or training on new state
or federal legislation or judicial holding impacting upon the City, and
suggested action or changes in operations or procedures to assure
compliance.
Q. Dcfr.;~d tAt: C:t:, if! ;:111 !itigc~:cm, eX'Cept ffi th:J~e Ca:3C3 w'Ren~ in:3ure.l1ce
....om......nios a..... "c"'uircd '0 ~)(CiU3i' d" pro' ':dc ~""'~onco :naludi"'g bu. n...t
"" }-'\OO&, ...." I "1 ..., VI" I w,,", I t I I t \ W"
~j to: (1) human :-ight3 e;aiFR3; (2) oondomnat:on; (3) zoning Jnc i:ar.c
"~^ ...""',...,d......',,"" "'"""" ......-......... fA, ..... ..-.:. """""",A ...~~t......J .....~.h, ""'+1""'.... ""''''''' I
,
n R--...-"--~ ..I-.... '-tt.. I" .'o~e"'~u"";:l.....aatJ~~-
. -t""" ,-,__I I ... ..... '-'" 1 II I liV I t ".lroJl I '-4 1_ I,,-,TII'~T~_,_.
5
- --
FRuM Pf)P~~M H~rK
1"'.27.1995 1':::~6
P. 6
S. Review bonds, deeds, securities and insurance requirements required by
or for City contracts or activities.
T. 1tG'l:is.,,' tigeUmeB~ slil:mitt'Hi BY Bena. eO\:lHBe~ ill1lelving the isstiance of
cleAt rQlated ias~ruments anc Fre~:ide o13inio1'ls ag require,d (QP~iGnal1.
U. Pl~aet; "'!~et w},etae1!'"61' Bet the leaa. a.trolBCY ~vould be willing to have
regular office hours in Prior lake city hall for approximate!v l~: '~t-t.B\
per \1IIMk. W\.oV\~. ~ ,
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