Agenda - Council Work Session - 06/25/2013

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CC Work Session 2.2. Meeting Date: 06/25/2013 Submitted For: Kurt Ulrich By: Jo Thieling, Administrative Services Title: Review Draft Contract for City Attorney Services. Background: Interviews were conducted on May 7 with seven of the law firms who had submitted proposals in answer to the City's RFP for City Attorney - Civil and Prosecution services. Following the interviews, the City Council chose to remain with Randall & Goodrich for prosecution; however, suggested follow -up with two different firms for civil. The firms chosen to move forward in the process were Michael Couri, Couri & Ruppe, P.L.L.P. and Joseph Langel, Ratwik, Roszak & Maloney, P.A. On June 4, in work session, Council interviewed Mr. Couri and Mr. Langel, followed by a consensus to offer the contract to Mr. Langel. Attached is the contract for civil legal services for Council to review; however, staff is suggesting /recommending the following additions. Insert New #4 to read as follows: 4. Responsible Attorney and Staff. Joseph J. Langel shall be the primary attorney for the City. Mr. Langel shall be responsible for the performance of this agreement, although he may be assisted by other attorneys or support staff in the firm. Mr. Langel shall supervise all work performed on behalf of the City. Conflict of Interest and Attorney /Client Privilege Issues become 5, 5.1 and 5.2. Billing Format, Cycle, Payment Expectations and Interests become 6, 6.1, etc. All language would remain the same through 6.7 Term. Add: 6.8. Severability. Upon termination of this agreement, the City shall only be responsible for the pro rata portion of the annual retainer under Section 6.1. 6.9. Other. Further, the City expressly reserves its right to hire independent counsel on matters it determines requires an attorney with more expertise or expertise in a particular field. In such a situation, the City shall remain responsible to the Attorney for the monthly fee provided under this agreement along with any billings not related to the matter for which special counsel was retained. The City shall only be responsible to the Attorney for extra expenses in relation to the matter for which special counsel is retained if the City names the Attorney as co- counsel in the matter or otherwise requests the Attorney's participation. In anticipation of a consensus of the Council, a case has been placed on tonight's Council Agenda to formally approve entering into contract for Civil Legal Services. The contract for signature will include the language agreed upon at this work session. Observations /Alternatives: Council may opt to approve the contract for civil legal services as presented, adopt the language changes recommended by staff, or modify based upon discussion. The contract is written for two years and has a thirty -day written termination provision for either party.