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HomeMy WebLinkAbout8B - Annual PUD Report DATE: 8 B ,",(\ FRANK BOYLES, CITY MANAGER ,\ 0\ CONSIDER APPROVAL OF RESOLUT 96-38 CONFIRMING THE SELECTION OF CAMPBELL, KNUTSON, SCOTT AND FUCHS AS CITY ATTORNEY APRIL 1, 1996 AGENDA # PREPARED BY: SUBJECT: BACKGROUND: On November 20, 1995 at my recommendation the Council confirmed the appointment of the firm of Popham, Haik, Snobrich and Kaufman as City Attorney, effective January 1, 1996. This agenda item recommends adoption of a resolution designating a new City Attorney firm. DISCUSSION: The firm of Popham, Haik has served admirably during the first three months of 1996. They have provided city staff members with a thorough review of City Council agenda reports, prepared draft ordinances for consideration and have represented the city well, both in meetings with the staff and at city council meetings. During the course of these first three months with the exception of attendance at City Council meetings, Suesan Pace has conducted virtually all of the legal work we have received from Popham, Haik. Tom Barrett has attended city council meetings. Suesan Pace has decided to leave the Popham, Haik firm to assume a law practice at Campbell, Knutson, Scott and Fuchs. Her reason for making this change is that she has decided that she wishes to be a public sector attorney exclusively rather than work in both public and private sectors. The firm she is going to, Campbell, Knutson, Scott and Fuchs located in Eagan, Minnesota have developed a "market niche" representing primarily public sector clients. Among the eight municipalities represented by 16200 ~t!ltl~~~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T T. Campbell, Knutson, are: Burnsville, Lakeville, Plymouth, Cannon Falls, Zumbrota and Chanhassen. The attorney who would do work for Prior Lake would be primarily Suesan Pace who would be the lead attorney as she was with Popham, Haik. Working with Suesan would be Gary Fuchs who has extensive real estate law experience; Elliott Knish who has worked on special assessment appeals and other such land issues over the last ten years; as well as Tom Campbell who has extensive municipal experience together with Roger Knutson. The Campbell, Knutson firm believes that they have an advantage over other firms in that most of their court time is spent in the Dakota, Scott and Carver counties. Consequently, they know the judges. The Campbell, Knutson firm has agreed to assume the retainer items as negotiated with Popham, Haik. In addition, Campbell will provide periodic written memorandums on adopted legislation. They will also notify the city when training opportunities are available. They are in the process of conducting training now at Plymouth with respect to the Pike case. Voice mail is available, they are on the internet with E- Mail and have a standard of returning calls when in the office within an hour of their receipt. Attached is an agreement with the City and Campbell, Knutson would enter into if the firm is to represent the City of Prior Lake. The agreement provides that the retainer fee for April would be $5,000 to compensate for duplicate billing during that month's services. As a practical matter, I have asked that all Prior Lake work be taken from Popham to Campbell, Knutson which will eliminate "double billing" for the month of April. For the period of May through January, 1997, the retainer would be $7,500 per month, or $500 per month less than that provided by Popham, Haik. The services received would be identical and are specified in the Agreement. The hourly rate for non-retainer work would be $10.00 less per hour than with Popham, Haik with $115 rather than $125 per hour. AG40196A.DOC T ,- As with the Popham, Haik agreement, certain development work would be done on a pass through to the developer basis which will require an ordinance amendment. ISSUES: I have been pleased with the work that Popham, Haik has accomplished for the city. Their work is comprehensive and their opinions well reasoned and completed in a timely fashion. Virtually all of that work has been done by Suesan Pace. The only exception is the city council meeting attendance by Tom Barrett. From my observation and from the Council's comments, Tom has done an excellent job. It is my understanding that Tom is spending four Mondays a month; two representing the Orono Council and two representing the Prior Lake Council. He has advised Suesan that regardless of Prior Lake's decision he will be unable to represent both municipalities for very long in the future. From my evaluation, the Campbell, Knutson firm meets the City's criteria as follows: 1. Their attorney's are well regarded and have significant municipal work experience. 2. The range of legal services available from Campbell, Knutson are equivalent to those provided by Popham, Haik. 3. The firm is physically located closer to Prior Lake than Popham, Haik. 4. Suesan Pace, who has done most of the legal work while with Popham, Haik, would continue to be the city's attorney and perform all legal work for Prior Lake once the transition to Campbell, Knutson takes place. 5. A monthly retainer of services are the same as Popham, Haik's but the cost is $500 less. AG40196A.DOC T ,. 6. The hourly rate non-retainer fee is less in the case of Campbell, Knutson than with Popham, Haik. Suesan Pace has held four jobs in her career. She has told me that her intent is to remain with the Campbell, Knutson firm for many years into the future. ALTERNATIVES: Council has the following alternatives: 1. Adopt Resolution 96-38 confirming the City Manager's recommendation of the appointment of Campbell, Knutson as city attorneys. 1. Defer such action pending receipt of additional information. RECOMMENDATION: Alternative #1. I believe that the City will be well served by the firm of Campbell, Knutson and Suesan Pace. Most staff department heads have already had the opportunity to meet with Campbell, Knutson representatives. Those attending concur with my recommendation. Paul Hokeness, while at Burnsville, worked with Campbell, Knutson and recommends them highly. ACTION REQUIRED: Motion and second to adopt Resolution 96-38, a resolution confirming the City Manager's recommendation for appointment of the firm of Campbell, Knutson, Scott and Fuchs as city attorney. AG40196A.DOC T r 1 RESOLUTION 96-38 RESOLUTION CONFIRMING THE CITY MANAGER'S RECOMMENDATION FOR APPOINTMENT OF CAMPBELL, KNUDSON, SCOTT AND FUCHS AS CITY ATTORNEY MOTION BY: SECOND 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, 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 Campbell, Knudson, Scott and Fuchs, PA has been recommended by the City Manger to begin service as City Attorney on Apri I 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 Campbell, Knudson, Scott and Fuchs PA be named as Prior Lake City Attorney effective April I, 1996, in conformance with the staff report dated April 1, 1996 and as set forth in the "Agreement for Legal Services Between the City of Prior Lake and Campbell, Knudson, Scott and Fuchs PA.", BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute said agreement. Passed and adopted this 1 st day of April, 1996. YES NO Andren Greenfield Kedrowski Mader Schenck Andren Greenfield Kedrowski Mader Schenck {Seal} City Manager City of Prior Lake 16200 I!!~le~eek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER I I AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PRIOR LAKE AND CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. THIS AGREEMENT, effective , 19_, is by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City") and CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A., a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. FEES. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through F below. Invoices will show retainer fees and actual hours and costs which would have been charged had no retainer been in place. 36062 03/22/96 PRIORLAKE; CKSF LEGAL SERVICES B. General Civil Legal Services - Retainer: The City will pay Attorney a retainer of $5,000 for the month of April, 1996, to assure City incurs no transition costs. Beginning May, 1996, the City will pay Attorney a retainer of $7,500 per month for attorney fees and legal assistant fees, plus actual out of pocket costs as provided in subsection F below. Legal services included in the retainer are as follows: 1. Attendance at all City Council meetings, other City board, commission or committee meetings as required by the City Council or City Manager. 2. Drafting of ordinances, resolutions, and correspondence as requested. 3. Careful review of all Council and Planning Commission agenda items and minutes. 4. Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Manager, Department Managers and other staff on general legal matters. 5. Review of municipal contracts, including contracts for public improvements, developments, joint powers agreements, construction, purchase of equipment, and the like. 6. Representation of City in the acquisition of properties for public improvements, easements, parks and the like, excluding condemnation proceedings. 7. Representation of City on economic development related issues including sale of city office park property, developer agreements and tax increment document review. 8. Representation of City in matters related to the enforcement of city building, subdivision and zoning codes, excluding litigation. 9. Research and submission of legal opinions on municipal or other legal matters requested by City staff or City Manager. 36062 03/22/96 -2- PRIORLAKE : CKSF LEGAl SERVICES . 10. 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. 11. Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. 12. 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. 13. Review bonds, deeds, securities and insurance requirements required by or for City contracts or activities. 14. Lead attorney will have regular office hours in Prior Lake City Hall for approximately eight (8) hours per month, if requested. C. Retainer Review: If after nine (9) months of service, the total cost of all legal services provided pursuant to the retainer is less than or exceeds $67,500 by fifteen percent (15 %) or more, the City and Attorney shall negotiate a new retainer. D. General Civil Legal Services - Non-Retainer: For general legal services that are neither covered by the retainer, nor pass-through work as set forth in subsection E below, the billing rate shall be as follows: Partners $115.00 per hour; Associates $105.00 per hour; Law Clerks and Paralegals $75.00 per hour. E. Pass-through Legal Services: Attorney will bill the customary non-municipal hourly rate of the particular attorney doing the work, currently ranging from $105.00 to $150.00 per hour, for legal services the cost for which are passed through to third parties. 36062 03/22/96 -3- PR IORLAKE : CKSF LEGAL SERVICES F. Costs. Attorney will be reimbused for the following out-of-pocket costs without mark-up: . Westlaw . recording fees . postage of 50C or more . photocopies at 20<: per copy . long distance telephone calls . litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.). 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City CounciL 6. MISCELLANEOUS. A. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the City Manager. C. Effective Date. This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: ,19_ CITY OF PRIOR LAKE ,19_. Dated: CAMPBELL, KNUTSON, SCOTT & FUCHS, P .A. BY: Lydia Andren, Mayor BY: Thomas J. Campbell, President AND Frank Boyles, City Manager 36062 03/22/96 -4- PR IORlAKE : CKSF LEGAl SERVICES .