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Home My WebLink AboutVIII-08 Approve First Amendment to City of Hastings Legal Services Agreement with LeVander, Gillen & Miller, PA City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: September 5, 2023 Item: City Attorney Agreement Council Action Requested: Approve First Amendment to City of Hastings Legal Services Agreement Background Information: Levander, Gillen & Miller, PA has served as our City Attorney since February 2021. Our current three-year contract expires at the end of the year December 31, 2023, and can be renewed upon mutual written agreement. The proposed amendment would extend the contract three years through December 2026 at the same monthly retainer and a modest increase in hourly rates. Financial Impact: Monthly retainer of $2,250 and base hourly rate for Attorney $160 Committee Discussion: Not applicable Attachments: • First Amendment to City of Hastings Legal Services Agreement • City of Hastings Legal Services Agreement with Levander, Gillen & Miller VIII-08 V I I I - 0 8 V I I I - 0 8 V I I I - 0 8 V I I I - 0 8 CITY OF HASTINGS LEGAL SERVICES AGREEMENT This Legal Services Agreement (“Agreement”) made this 16th day of February, 2021, by and between the City of Hastings (“City”), a Minnesota municipal corporation, and LeVander, Gillen & Miller, P.A. (“LeVander”), a Minnesota professional association. RECITALS A. The City has selected LeVander to serve as the law firm to provide civil legal representation for civil matters, for the Hastings Economic Development & Redevelopment Authority (“HEDRA”), and for Developer Pass-Through Services and Litigation Matters. B. The City and LeVander desire to memorialize their understanding in this Agreement regarding the scope of work and fee arrangements for the civil legal representation. I. DEFINITIONS A. “Retainer Services” means to: 1. Provide routine legal advice, consultation and opinions to the City Council and City Administrator. 2. Attend regular City Council meetings and work sessions. 3. Conduct newly elected City Councilmember trainings following elections or appointments, or upon request. 4. Participate in introductory meetings in 2021 with department heads, staff, commissions, and City Council. 5. Monitor relevant pending and current State/Federal legislation and case law and provide direction to City if needed. B. “Non-Retainer Services” means all other matters not included in Retainer Services above, such as but not limited to: 1. Represent the City in voluntary acquisition of rights of way and land for public improvement projects. 2. Represent the City in administrative proceedings. 3. Attend meetings of the Planning Commission, HEDRA or special City Council meetings. 4. Negotiate, draft and provide substantial review of contracts, deeds, easements, ordinances, resolutions, and other documents. 5. Represent the City in employment law, telecommunications and public utilities matters. VIII-08 2 C. “Developer Pass-Through Services and Litigation Matters” means: 1. Represent the City or HEDRA for projects that involve a developer or other party, such as a planning or zoning land use applicant who specifically needs or requests the City’s or HEDRA’s legal services and the City’s interest is served in providing those legal services, including but not limited to development agreements, project analysis, and planning applications. These projects typically involve an escrow that is provided by the developer or applicant prior to the initiation of work and the costs of legal services are recovered from the escrow. 2. Represent the City or HEDRA in civil litigation, including, but not limited to assessment appeals, condemnation, defense against claims made by 3rd parties when there is no insurance coverage, or initiation of claims made by the City or HEDRA. D. “HEDRA Representation” means those matters that come before HEDRA as development projects or other actions that require legal assistance or review, including attendance at HEDRA meetings, as requested. HEDRA Representation will be billed the same rates as Non-Retainer Services, unless specifically designated as a Developer Pass- Through Representation. II. TERM This Agreement shall commence on February 17, 2021 and shall terminate on December 31, 2023. This Agreement may be renewed thereafter upon mutual agreement of the parties. The City may terminate this Agreement upon sixty (60) days written notice to LeVander. III. SERVICES PROVIDED LeVander shall provide civil legal representation on behalf of the City during the term of this Agreement. Korine Land will be the principal responsible attorney for all matters, assisted by Bridget McCauley Nason. Any of the shareholders, associates, legal assistants or staff will also be available. LeVander will not provide Criminal Prosecution Services on behalf of the City. “Criminal Prosecution Services” shall mean those matters involving the enforcement of laws of the State of Minnesota or the ordinances of the City through the use of the criminal justice system. IV. FILES AND RECORDS A. File Maintenance. LeVander will keep complete files and records for all matters handled for the City for a minimum of seven years. Paper files and records may be scanned and stored electronically. An updated index of such files will be provided to the City upon request. Files no longer needed for current matters may be commercially archived, and any cost of said archiving shall be a charge, which may be billed in VIII-08 3 addition to the fees set forth in Section V. If the City desires any or all of its files, LeVander shall incur the copy cost on any file copies that LeVander desires to copy and retain. Pursuant to Minn. Stat. §16C.05, subd. 5, LeVander agrees that the books, records, documents, and accounting procedures and practices of the LeVander, that are relevant to the contract or transaction, are subject to examination by the City and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years. LeVander shall maintain such records for a minimum of six years after final payment. B. Data Practices Act. Pursuant to the provisions of Minn. Stat. § 13.05 subd. 11, all data created, collected, received, stored, used, maintained, or disseminated by LeVander in performing legal services on behalf of the City is subject to the requirements of Minn. Stat. Ch. 13, and LeVander shall comply with the requirements of Minn. Stat. Ch. 13 as if it were a government entity. All data supplied to LeVander shall be administered consistent with the provisions of Minn. Stat. Ch. 13 and data on individuals shall be maintained according to the statutory provisions applicable to the data. C. File Destruction. LeVander may destroy files and records pertaining to a concluded matter seven years after the conclusion of the matter, except as follows: (1) If the City has instructed that said files or records be transmitted to the custody of the City, LeVander will so transmit them; and (2) LeVander will preserve or transmit to the City any original instruments that are still in effect (e.g., deeds, mortgages, easements, notes, etc.). V. FEES, CHARGES AND BILLING LeVander will bill the City monthly for the following services at the following rates: 2021 2022 2023 Retainer Services Fee $2,250/month $2,250/month $2,250/month Hourly Rate for All Attorneys for Non-Retainer Services $150 $150 $155 Hourly Rate for Legal Asst. for Non- Retainer Services $115 $115 $120 Hourly Rate for All Attorneys for Developer Pass-Through Services and Litigation Matters $205 $205 $210 Hourly Rate for Legal Asst. for Developer Pass-Through Services and Litigation Matters $130 $130 $135 VIII-08 4 Itemized Fees: • Photocopying $.20/page black/white $.49/page color • Westlaw Legal Research Actual Cost; not to exceed $300/month • Mileage Reimbursement Applicable IRS approve rate (Mileage will not be charged to and from City Hall) • Recording fees, filing fees, title search fees, out of pocket expenses Actual Cost Minimum increments of time billed for each service .10 per hour VI. MISCELLANEOUS A. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. B. This Agreement shall not be assignable. [remainder of page intentionally blank] VIII-08 5 LEVANDER, GILLEN & MILLER, P.A. By: Korine L. Land Shareholder/Vice President VIII-08 6 CITY OF HASTINGS By: Mary Fasbender Mayor By: Erica Henderson City Clerk VIII-08