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Home My WebLink About9E - City Attorney Appointment CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: August 16, 1999 9E Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF RESOLUTION 99-XX CONFIRMING THE CITY MANAGER'S RECOMMENDATION FOR APPOINTMENT OF HALLELAND, LEWIS, NILAN, SIPKINS & JOHNSON AS CITY ATTORNEY. DISCUSSION: History Suesan Lea Pace has been the lead attorney representing the City in municipal matters since April 1, 1996. Over that period, Suesan has been associated with the firm of Popham Haik and Campbell Knutson, P.A. Suesan has decided to join the firm of Halleland, Lewis, Nilan, Sipkins & Johnson, and it is therefore, necessary for the City to determine who should represent the City. Under state statute, the City Council's authority is to affirm or deny the City Manager's recommendation for City Attorney. Current Circumstances The firm of Halleland, Lewis, Nilan, Sipkins & Johnson represents both public and private sector firms. The attorneys of Halleland Lewis possess expertise in areas needed by the City including real estate, civil law, litigation, labor relations, and other municipal matters. Suesan believes that the scope and comprehensiveness of municipal law knowledge possessed is every bit as substantial than that which we have become accustomed to. Suesan has committed to a retainer fee of $7500 per month which has been the same since 1996. The services provided under the retainer remain essentially the same. The Issues I do not believe that there are outstanding issues regarding 'this contract. I believe that the City Council will concur with my assessment that Suesan Lea Pace has represented the City very capably for the last three plus years. Conclusion I am satisfied that the law firm of Halleland, Lewis, Nilan, Sipkins & Johnson will provide satisfactory legal representation to the City. 162O'(t&lNc(CtAaJNAp:r.S\OO\L~t.bO<e, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDED MOTION: '-, (1) Approve the attached resolution affirming the City Manager's recommendation and authorizing the Mayor and Manager to enter into a contract for legal representation. (2) Deny the resolution for specific reasons. Alternative No.1. 1:\COUNCIL\AGNRPTS\99\LEGAL.DOC RESOLUTION 99-XX RESOLUTION CONFIRMING THE CITY MANAGER'S RECOMMENDATION FOR APPOINTMENT OF HALLELAND, LEWIS, NILAN, SIPKINS & JOHNSON, P.A. AS CITY ATTORNEY Motion By: Second By: Whereas, Minnesota Statutes provide 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 Halleland, Lewis, Nilan, Sipkins & Johnson, P.A. has been recommended by the City Manager to provide City Attorney services. NOW THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Prior Lake, Minnesota that the City Council hereby confirms the City Manager's recommendation that the firm of Halleland, Lewis, Nilan, Sipkins & Johnson, P.A. be named as Prior Lake City Attorney as set forth in the "Agreement for Legal Services Between the City of Prior Lake and Halleland, Lewis, Nilan, Sipkins & Johnson, P.A." dated August 16,1999. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute said Agreement. Passed and adopted this 16th day of August, 1999. YES NO Mader Mader Kedrowski Kedrowski Petersen Petersen Wuellner Wuellner Schenck Schenck Frank Boyles, City Manager 16200;&lNc~tA~pq:S\OO\llE'Mt.txke, Minnesota 55372-1714 1 Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ..... AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PRIOR LAKE AND HALLELAND LEWIS NILAN SIPKINS & JOHNSON, P.A. THIS AGREEMENT, effective , 1999, is by and between the City of Prior Lake, a Minnesota municipal corporation ("City") and Halleland Lewis Nilan Sipkins & Johnson, 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 ofthe 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. DN: 64555 Il!lt> T",'"'1'!""'I,~Ui,<' ...~tN-f.Q~;i'-~ ~..j.: ti- '.;..'R::Il;" '........j\; "".M:"~~ ,~. '","::~'-.!!';':~~. if,.. '" i~ ' .... B. General Civil Legal Services - Retainer. 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 under 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, Council Members, 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, tax increment documents, development contracts 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 in matters related to the enforcement of City building, subdivision and zoning codes, excluding litigation. 8. Research and submission of legal opinions on municipal or other legal matters requested by City staff or City Manager. 2 '" 9. Meetings with the City Manager and Department heads every two weeks to review Council agenda items, the status of legal matters before the City and providing a quarterly written status report on all current litigation. 1 O. Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation or judicial holding impacting upon the City, and suggested action or changes in operations or procedures to assure compliance. 11. 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. 12. Review bonds, deeds, securities and insurance requirements required by or for City contracts or activities. 13. Lead attorney will have regular office hours in Prior Lake City Hall for approximately eight hours per month, if requested. C. 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 per hour, Associates $105 per hour, Law Clerks and Paralegals $75 per hour. D. Pass-Through Legal Services: Attorney will bill the customary non- municipal hourly rate of the particular attorney doing the work, currently ranging from $105 to $175 per hour, for legal services, the costs for which are passed through to third parties. E. Costs. Attorney will be reimbursed for the following out-of-pocket costs without mark-up: . Westlaw . Recording fees 3 .~iili.L;:I.:~,K.:E,.,,,,x:;.:~.:'j., ,;: ]t.-:~."_. '___ _ 1:_.' ~~1 ': '::':::U~ .'1 'il! ~ · Postage of$.50 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 ofthe State of Minnesota. B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent ofthe 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: . 1999 Dated: . 1999 CITY OF PRIOR LAKE HALLELAND LEWIS NILAN SIPKlNS & JOHNSON, P.A. BY: BY: Wesley M. Mader, Mayor Suesan Lea Pace BY: Frank Boyles, City Manager 4 ,!.",;-_::......:~~. .-}:,~ ... ~\'~,,~- ",,'~-""'" ".. ~~!'"'!' ; ~ Jl" '~ '''''''~Jlip~~ .. ,",'iI' ... ",