Agenda - Council - 07/26/2016 - Laserfiche WebLink

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IV. Responsible Attorney and Staff. a. Joseph D. Van Thomme shall be the primary attorney responsible for carrying out the prosecution legal services and any related hourly services. Mr. Van Thomme,along with William K. Goodrich, shall be responsible for the performance of this Agreement, although they may be assisted by other attorneys or support staff in the firm. Mr. Goodrich shall supervise all work performed on behalf of the City. V. Conflict of Interest. The Attorney shall not accept any client or project which would knowingly place it in a,conflict of interest with the services to be provided to the City under this Agreement. If a conflict of interest should develop,the Attorney shall be responsible for taking the necessary steps to comport its representation of the City with the Lawyers Code of Professional Responsibility. The Attorney shall be responsible for any additional costs incurred by the City in obtaining additional legal representation if such representation becomes necessary due to a conflict of interest by the Attorney. VI. Assignment of Services and Agreement, The Attorney shall not assign any interest or obligation of this Agreement without the prior written consent of the City;provided,however,that it is agreed that if William K. Goodrich shall cease to be associated with the law firm of Randall,Goodrich and Haag, P.L.C., the City may assign this Agreement directly to Joseph D.Van Thomme or William K. Goodrich. VII. Affirmative Action. 4 Because the City requires and follows a policy of Affirmative Action and will not tolerate discriminatory acts,the Attorney shall not discriminate against any person on the basis of age, sex, religious beliefs, political affiliations, or other protected classifications under federal, state,or local laws or regulations. VIII. Work Product. All ordinances,resolutions,correspondences,and other documents or materials drafted for the City by the Attorney shall,upon their completion,become the property of the City. TX. Insurance and Indemnification. Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of this Agreement. The value of the policy shall not be less than the cap for municipal tort liability as established by Minnesota Statutes. Attorney further agrees to defend, indemnify,and hold harmless the City, its agents and, employees, ,• against all causes of actions against the City or any of its agents or employees that arise from or as a result of the Attorney's actions or advice under the terms of this Agreement. X. Independent Counsel. The City expressly reserves its right to hire independent counsel on matters it determines requires an attorney with more experience or expertise in a particular field. In such a situation,the City shall remain 3