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Memo - Review of City Attorney Services ADMINISTRATIVE SERVICES: OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: MEETING DATE: SUBJECT: Honorable Mayor and Members of the City Rick Getschow, Hopkins City Manager July 5, 2005 Work Session Following the Meeting - Review of City Attorney Services Background: The City Council conducted a discussion of the city attorney services provided by our current law firm, Miller, Steiner & Curtiss, PA, (MSC) at the May 24,2005 City Council work session. A brief questionnaire was distributed to city staff to receive feedback on attorney services provided in the following areas: . Economic Development, Real Estate, Housing; . Criminal Prosecution; . Ordinance drafting; . Ordinance enforcement; . Contracts; and . Dispute Resolution The Council discussed the staff feedback that the questionnaire provided. The Council also discussed some issues/questions that they would have for MSC when they are present at a work session. The Council stated that in late 2003, when the proposal from MSC was last presented and discussed, it was understood that MSC staff be brought in for a review on an annual basis. In addition to the review, MSC could discuss its rates for the upcoming year. The time for that review and discussion has come. Wynn Curtiss and Jerry Steiner will be present following the July 5, 2005 regular City Council meeting for a work session discussion. Enclosures: 1. "Legal Services Proposal- MSC", November 21,2003 City Manager Memorandum 2. City Attorney Services QuestionRaire 2005 (e . }.', Administrative Services Department Office of the City Manager Memorandum , To: From: Date: Subject: Honorable Mayor and Members of the City Council Steven C. Mielke, City Manager jk November21,2003 Legal Services Proposal-Miller, Steiner, and Curtiss At the Council's direction, Wynn Curtiss and Jeremy Steiner have submitted a proposal to the City Council outlining the relationship between the City of Hopkins/City Council and their firm. . I have met with and discussed this letter with both Wynn and Jeremy, and provided my comments to them, all of which have been incorporated into the proposal. Just as a reminder, the hiring of the City attorney is totally within the purview of the City Council. My efforts as City Manager are to assist the City Council in making sure that the agreement meets the needs of the City staff and to provide research, if necessary, for the City Council. Rates Miller, Steiner, Curtiss (MSC) is proposing varying rates, depending on the type of servie'e provided. Attached to this memorandum is a spreadsheet of the rates proposed by MSC, and a comparison to selected cities that staff was able to garner. As you can see, the rates that are proposed are consistent with those from other communities. The primary change to the rates lies in the area of third parties contracts. These are rates that are pass-through rates to development firms or proposals in which legal work is necessary. The City does not pay these rates; instead, whoever is proposing the project would pay these rates. These rates are likely consistent with rates private firms / would be used to paying if their own attorneys were doing the work. General Comments One of the issues I stressed to MSC was my desire to have the Council and MSC, at least annually, review the relationship between the City and MSC by having a meeting in which MSC staff would discuss issues (including rates for the coming year) six months prior to the next budget year. This has not been done previously, but like any employee or contractor, it is appropriate to review at least annually to determine . whether or not any issues exist. I . Legal Services Proposal 2 City staff is comfortable with the relationship we have with the City Attorney's office. The work product we receive is good and we are comfortable with the knowledge and abilities of the staff at MSC. Staff would look for further direction from the City Council, should additional information be needed. I have suggested to Wynn and Jeremy that after discussion of their proposal, the Council should discuss in depth whether or not there is any additional information needed so that the proposal can be brought to the City Council for ratification. mayorccmsc 1-- Hourly Rates City Civil Prosecution 3rd Party Hopkins Attorney: $1 05 . 2004 Attorney: $82.50 Current Private Rates Attorney: $11 0 - 2005 Paralegal: $42 Paralegal: $42 -2004-05 Dayton $725/month retainer $1,700/month retainer Hourly, billed to developer St. Anthony $5,OOO/month New Hope $99 $99 Maple Grove $100-115 $100-115 $185 Saint Louis Park $115-$135 $175-225 (Knutson,Campbell serves SLP and 19 other cities. All are in this range.) } Attorney Services Questionnaire Please fill out the following survey regarding attorney services. Your response will be compiled with the responses of other employees to provide general information to the City Council. What Ie al services do Service Environmental law Economic Develo ment Personnel Criminal Prosecution Ordinance draftin Ordinance enforcement Contracts List the legal services that you get from the City Attorney's office. How well do they erform these services? Excellent Good Fair Poor If you could use either the City Attorney's office or another firm for legal work which would you choose? City Attorney 0 Other Firm 0 Wh ? check all that a Qualit of service Cost Le al ex ertise Convenience Other: 5/19/2005 1 What do you dislike about using the City Attorney or what problems have you experienced? Do you think that the City should prepare a legal RFP and solicit proposals from other legal firms for City Attorney services? Yes 0 No 0 Why? 5/19/2005 2