Agenda - Council - 03/23/2010 - Laserfiche WebLink

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CASE # ' a RATIFICATION OF LEGAL SERVICES AGREEMENT WITH RANDALL AND GOODRICH, P.L.C. By: Heidi Nelson, Deputy City Administrator Background: In June, 2009, the City entered into a legal services contract with Randall and Goodrich, P.L.C. for providing the City's legal services for the term July 1, 2009 through June 30, 2011. The contract was approved after an RFP was prepared, the RFP was advertised, solicitation for responses was made, the responses where reviewed and six firms were interviewed. As a result of a resignation in the Randall and Goodrich office, that office has need for an additional attorney to assist it in fulfilling its prosecution duties. Attorney and City Council member John Dehen has expressed an interest in the position. Randall and Goodrich finds Mr. Dehen qualified and capable of the position and therefore desires to enter into an independent contractor agreement with Mr. Dehen to perform certain Randall and Goodrich's prosecution responsibilities. City Council member John Dehen, a duly qualified attorney, has a desire to work as an independent contractor for Contractor performing City prosecution duties as assigned by Contractor and therefore is a public officer as defined by Minn. Stat. §471.87. Minn. Stat Statute §471.87 provides that no public officer who is authorized to take part in the authorizing of various public contracts may have a personal financial interest in said contracts unless an exception is provided for in the statutes. Penalty for violation if gross misdemeanor. One exception is permitted by Minn. Stat. §47.188, Subd. 5. which permits a contract with a public officer when there is no competitive bid requirement AND the City Council by unanimous vote authorizes the contract. The following procedure is to be followed: 1. Unless in an emergency, the City Council shall authorize the contract IN ADVANCE of its performance by adopting a ". . . resolution setting out the essential facts and determining that the contract price is as low as or lower than the price at which the commodity or services could be obtained elsewhere." 2. Before the claim is paid, the interested public officer shall file an affidavit with the City Clerk which affidavit shall provide the following information: a. The name of the officer and the office held by the officer; b. The contract price;