City Council Meeting Date: February 6, 2024
To: Mayor and City Council
From: Ben Martig, City Administrator
Title
Consider Approval of Second Amendment to Contract for Civil City Attorney Services
Body
Action Requested:
The Northfield City Council considers a Motion approving the attached Second Amendment to Contract for Legal Services with Flaherty & Hood, P.A.
Summary Report:
The first amendment to the Contract for Legal Services with Flaherty & Hood, P.A. expires on June 30, 2024 (attachment 2). The City approved a five-year agreement with Flaherty & Hood for Civil Legal Services (attachment 3) on July 8, 2014. The first amendment to that contract was approved on June 18, 2019 commencing July 1, 2019 through June 30, 2024. The second amendment commences on July 1, 2024 and shall continue in effect for a period of five years ending June 30, 2029. The dates are the only changes from the first amendment to the second amendment. The contract includes a termination clause that the contract may be terminated by either party upon 60 days written notice. This is common in legal services contact. Staff recommends approval of the second amendment.
Chris Hood, Flaherty & Hood, P.A., will be at the meeting to present background information regarding the firm and to answer questions regarding their services and the contract extension.
Alternative Options:
Council could request removal of the item from the consent agenda and consider the following alternatives:
A. Re-draft contract extension to be an indefinite contract with only termination clauses and no planned end date.
B. Another option would be to explore a solicitation of proposals for the civil attorney and criminal attorney work to evaluate alternative legal options. This would only be suggested if the intent was a good faith effort to open it to other legal service providers. Staff does not recommend this at this time in consideration of the satisfaction with both legal providers and competitive fees provided. However, the Council could remove this item for discussion of this option.
Financial Impacts:
Current rates for Flaherty & Hood attorney services (attachment 4)
o General Municipal Matters: $195/hour;
o Labor and Employment Matters: $210/hour
o Real Estate Matters: $205/hour;
o Litigation Matters: $215/hour;
The contract has a clause for rate adjustments allowing annual adjustments to hourly rates or monthly retainer with 30 days written notice to the City.
Tentative Timelines:
As noted above, the current contract has an ending date of June 30, 2024 unless extended by mutual agreement. The amendment provides for a new contract end date of June 30, 2029.