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ARDEN HILLS CITY COUNCIL—NOVEMBER 26, 2012 5 MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to Approve Resolution #2012-042 Authorizing the Application for Recycling SCORE Grant Funds for 2013 in the Amount of $19,694.00 The motion carried (5-0). D. Acceptance of Civil Legal Services Contract Councilmember Holmes questioned the distinction between subdivisions A, B, and C contained within the "PAYMENT" section of the legal services agreement between the City of Arden Hills and Campbell Knutson,Professional Association. City Administrator HIaers stated that legal services requested by the City will be paid out as presented in subdivision A. "General Civil Municipal" of the PAYMENT section of the agreement. He noted that subdivision B. "Pass-Through Legal Services" exists as a way to control the fees when the City is asked by developers to handle the legal work and then bill those legal fees back to the developer. This clause protects the City and the City Attorney by ensuring that market rate fees are charged to others rather than the lower general civil municipal rates that have been pre-negotiated by the City. Councilmember Holmes asked if subdivision C "Meetings" should read, "Attendance at any meeting, including the City Council and Planning Commission meetings, will be billed at the general civil municipal rate." She noted that this clarifies the fee better than how it is currently worded. City Administrator Klaers stated that the suggested change can be made to the agreement. Councilmember Holmes stated that the City went out for RFP's for civil legal services and that the contract is being awarded to the firm of Campbell Knutson. She wanted to acknowledge and thank Jerry Filla who served as the City's Attorney for many years. She noted that Mr. Filla recently moved to the law firm of Kelly & Lemmons, P.A. and that the City is continuing its relationship with that firm for its criminal legal services. She further explained that Kennedy & Graven Chartered was the third firm that interviewed for civil legal services and the City is continuing its relationship with that firm for special projects. She noted that all three law firms are excellent and that she is pleased that the City is continuing its working relationship with all three of them in one way or another. Mayor Grant stated that one more clarification should be made to the legal services agreement. He would like the last bullet point under section D to read "litigation fees". Councilmember Holmes stated that she would prefer it to read"litigation expenses". MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to Accent the Civil Legal Services Contract as amended. The amendments include section 3C reading as `general civil municipal rate' and the last bullet point of section 31) reading as `litigation expenses' . The motion carried (5-0).