9.e) 2016-2018 Civil Legal Services ContractCONTRACT FOR CIVIL LEGAL SERVICES
This CONTRACT FOR CIVIL LEGAL SERVICES (the "Agreement") is entered into by
and between the CITY OF SCANDIA, MINNESOTA, with its principal office located at 14727
209th Street North, Scandia, Minnesota, 55073 (the "City") and the law firm of ECKBERG
LAMMERS, P.C., with its principal office located at 1809 Northwestern Avenue, Stillwater,
Minnesota, 55082 (the "Law Firm"), for the purpose of utilizing the Law Firm to provide civil
legal services to the City.
RECITALS
A. The Law Firm has exclusively provided civil legal services to the City as of
February 19, 2013. The City and the Law Firm desire to enter into a contract for an additional
three (3) years with hourly rates outlined as follows:
Year One (January 1, 2016 — December 31, 2016) $160.00
Year Two (January 1, 2017 — December 31, 2017) $160.00
Year Three (January 1, 2018 — December 31, 2018) $165.00
City Council Meeting Attendance: $250.00 per meeting first two years; $300.00
per meeting third year
Paralegal Services: $100.00 per hour
Law Clerk -Research: $85.00 per hour
Legal Services to be Reimbursed by a Developer: $220 per hour
NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained herein
and other good and sufficient consideration, the parties agree to the following:
TERMS
1.1 Scope and Nature of General Counsel Services: The parties agree to the
following description of the nature of the legal services to be provided by the Law Firm to the
City:
a. Attendance at regular City Council meetings. Attendance at special City
Council meetings/workshops, Economic Development Authority (EDA)
meetings, and City committee meetings (including Planning Commission
meetings) as requested by the City. All meetings described in this
subparagraph shall be billed at a flat rate of $250.00 for the first two years
of this Agreement, and $300.00 for the third year.
b. Review of City Council, EDA, City committee, and Planning Commission
agenda items and minutes.
C. Conduct teleconference and in -person meetings with the City
Administrator, City Officials, and City department heads to identify issues
of short and long-term importance.
d. Draft and revise City ordinances, resolutions and regulations.
e. Draft municipal contracts, joint powers agreements, and the like; review
contractor/vendor bond and insurance documents.
f. Research and prepare legal opinions on municipal or other legal matters,
including open meeting law/data practices issues and general municipal
employment matters.
g. Provide regular updates on significant developments in laws affecting the
City to the City Administrator, City Council and City staff.
h. Provide a yearly legislative update.
i. Provide regular in-service presentations as requested by City staff and City
officers on topics selected by the Law Firm and the City with special
emphasis on new developments in the law (e.g. labor issues/data practices
issues/land use issues).
Provide economic development services including advice on tax increment
financing, tax abatement, business subsidy, and other development matters,
including the drafting of and revisions to development agreements,
assessment agreements, tax increment financing proceedings, and the like.
1.2 Other Matters: The parties contemplate that the Law Firm may also provide civil
legal services outside the scope of services covered by general services as described in paragraph
1.1 above. These services shall be handled as follows:
1.2.1 Contested Case Matters: The Law Firm will provide, and the City shall
utilize the Law Firm for representation in, civil contested cases, provided
the City determines, in its reasonable discretion, that the Law Firm has the
skill and experience to represent the City in a fashion that the City deems to
be in its best interests given the expertise, costs, and litigation service
delivery available from other law firms in the area. These legal services
will be billed to the City in accordance with a separate agreement between
the parties hereto. It is contemplated the Law Firm will assist the City with
the submission of any contested case matters of which the City is a
defendant, to the City's legal liability insurance carrier as further described
in Paragraph 3 hereto.
1.2.2 Bond Attorney Matters: The Law Firm is a "nationally recognized bond
counsel" under the requirements of The Bond Buyer's Municipal
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Marketplace (also known as the "Redbook"). As long as the Law Firm
remains as such under the requirements of the Redbook, the Law Firm will
provide bond attorney/public finance services to the City. The Law Firm
will perform such services under a separate fee structure, which will be
timely communicated to the City.
1.2.3 Labor and Employment Attorney Matters: The Law Firm will provide
labor and employment law services to the City, including representation for
staff disciplinary matters, union negotiations, personnel policies, contested
cases, employment contracts, and other similar services.
2. Reimbursable Costs and Expenses.
2.1 General Rule: The City will reimburse the Law Firm for actual, necessary
and reasonable costs and expenses incurred by the Law Firm in the
performance of the legal services contained in this Agreement.
2.2 Specific Rates:
Description of Costs Rate
Mileage
No reimbursement
Routine phone calls from Staff/Council
No reimbursement
Parking
Actual Cost
Meals
No reimbursement
Photocopying
$0.20 per page
Facsimile
$0.20 per page
Long Distance Telephone
$0.00
WestLaw
No reimbursement
Postage
Actual Cost
Messenger
Actual Cost
Court Costs/Filing Fees
Actual Cost
Arbitration Costs
Actual Cost
Other Contested Case Costs
Actual Cost
Document Recording & Closing Fees
Actual Cost
3. Matters Covered by Insurance: The Law Firm will assist the City in submitting
claims for insurance coverage to various insurance carriers. Whenever a claim is
made with an insurance carrier, which arises out of a legal issue within the scope
of this Agreement, the City will recommend that the Law Firm be utilized by the
insurance carrier in the matter for which the claim is made. The City may
recommend the Law Firm to an insurance carrier for claims arising out of matters
which are outside the scope of this Agreement. At the point in time when an
insurance carrier admits coverage, and to the extent that such carrier will provide
retroactive payments for attorneys' fees, the Law Firm will receive its payments
for services rendered from the insurance carrier and not from the City. To the
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extent that an insurance carrier does not pay for legal services rendered by the Law
Firm, including any deductibles, the City will pay the Law Firm for services
rendered at the rates charged to the insurance company, subject to billing and
payment provisions of paragraph 5.
4. Conflict of Interest and Attorney/Client Privilege Issues:
4.1 Conflict of Interest: The Law Firm will notify the City if the Law Firm
represents or has ever represented an opposing party in a legal matter.
4.2 Attorney/Client Privilege: The Law Firm is authorized to utilize e-mail
without encryption to transmit and receive confidential client information.
The City specifically acknowledges that it understands the confidentiality
risks associated with inadvertent interception of such information.
5. Billing Format, Cycle, Payment Expectations and Interests.
5.1 Billing Format: The Law Firm will submit monthly statements itemizing
legal services rendered for the prior month broken down into easily
understandable categories.
5.2 Billing Cycle: The Law Firm will bill monthly for legal services rendered
in the prior month. Generally, bills will go out approximately 10 days after
the end of the prior month.
5.3 Payment Expectations: The City will pay the bill of the Law Firm
routinely according to its internal payment procedures by forwarding a
check to the Law Firm paying for both legal services and expenses shown
on the Law Firm's bill.
5.4 Disputes: In the event that the City disputes any aspect of the Law Firm's
bill, the appropriate City representative will contact Andrew Pratt at the
Law Firm stating the nature of the dispute.
5.5 Term: The term of this Agreement will be from January 1, 2016 through
December 31, 2018.
1. During the term of this Agreement, either party may terminate this
Agreement upon 60 calendar days' written notice to the other party.
2. The parties agree to mutually evaluate the usage of legal services at
any time, and at a minimum annually during this Agreement to
evaluate usage and identify areas where modification(s) in the
parties' relationship may be mutually beneficial.
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Dated:
Dated:
Dated:
5.6 Authorized Contact Persons: Andrew J. Pratt will act as lead attorney and
bond counsel/public finance counsel for the City. Nicholas J. Vivian and
Katie A. Kranz will also serve as assistant attorneys. However, the parties
contemplate that other attorneys in the Law Firm will also be providing
services to the City subject always to advance approval by the City.
CITY OF SCANDIA, MINNESOTA
By: Randall Simonson
Its: Mayor
By: Neil Soltis
Its: City Administrator
ECKBERG LAMMERS, P.C.
By: Andrew J. Pratt
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