The URL can be used to link to this page

Home My WebLink About04-09-07 Item 7G, Consultant Relating to the Prep of TCAAP Transfer ~ ~HILLS Request for Council Action 04/09/07 Agenda Item: Motion to approve consulting services with Michael Comodeca of Spencer Fane Britt and Browne, LLP per the letter of engagement originally dated June 3, 2003 and updated Apr!1 2, 20Q7, relating to the p~~c:tration of the- TCAAP Transfer Budgeted Amount: , , ,$150,000.00 Actual Amount:-, "" ,$150;060:00 Funding Source: ReTmbu-rsement' by" RRCIY,-L[C 7G Prepared By: Karen Barton Dept.: Community Development Council Mtg. Date: Final Action Needed By: Motion to Approve Consulting Services with Michael Spencer Fane Britt and Browne, LLP, per letter of engagement originally dated June 3, 2003 and updated April 2, 2007, Relating to the Preparation of TCAAP Transfer, in an Amount Not to Exceed $150,000 n~fSffiiiRamPmtn~oft1~"Qm;rdf[@]s~fult1Uiligi~~~i __._ _.__ ._ ' Approval of Consulting Services with Michael Comodeca of Spencer Fane Britt and Browne, LLP, per the letterl of engagement originally dated June 3, 2003 and updated April 2, 2007, Relating to the Preparation of the I TCAAP Transfer, in an Amount Not to Exceed $150,000 ' x ,,- -" -~- 04/03/07 ,~ -',",- No.: ,V No.: Recommendation: Recommendation: X !Other: Letters dated June 3, 2003 and April 2, 2007; Preliminary Development Agreement !Iffilo~~I(b~tif!if)~i8j1ili8~5I}ft~Al~~Uf~_______nnn.___...........".,..,..,.,._._"_nn____n____n___n'n..."'...""".,.."'..,.,,_._________________nm".......'..,..,..,..,........."..n_ _ _ ___n________.",,,....,..,..,..,..,..,..,,,,,_ _n...... n n_m""'''''.'''''.. i The Preliminary Development Agreement between the City and RRLD provides forureimbursement -of -Mr. Com-odeca;s-"'services---ii-iin-to"'''] i $150,000.00 ~ ~ EN HILLS MEMORANDUM DATE: April 3, 2007 Agenda Item 7 G TO: Mayor and City Council Michelle Wolfe, City Administrator '6,0,/ Karen Barton, Community Development Director~ p FROM: SUBJECT: Michael Comodeca Consulting Services The City has been utilizing the legal consulting services of Michael Comodeca of Spencer Fane Britt and Browne, LLP since June 2003 to assist with the purchase and transfer of the Twin Cities Army Ammunition Plant excess property. On March 30 of this year, the Preliminary Development Agreement between the City and RRLD, LLC was fully executed. The terms of this agreement provide for the reimbursement of costs associated with Mr. Comodeca's services relating to the TCAAP project, with a budgeted amonnt of$150,000. (Attachment A) I have attached the original letter of engagement, dated June 3, 2003, for Mr. Comodeca's services, and a letter dated April 3, 2007 stating Mr. Comodeca's current billing rate of $300 per hour. (Attachments B and C) Staff Recommendation Staff is recommending Council approve Consulting Services with Michael Comodeca of Spencer Fane Britt and Browne, LLP, per the letter of engagement originally dated June 3, 2003 and updated April 2, 2007, Relating to the Preparation of the TCAAP Transfer, in an Amount Not to Exceed $150,000 City of Arden Hills City Council Meeting April 9, 2007 \lMetro-inet.uslardenhillslPlanning\Community DevelopmentlCouncil Agenda ItemslMicheal Comodeca Consulting Services Memo 040907.doc Page 1 of2 Council Meeting Agenda Item 7G April 9, 2007 ATTACHMENT A EXHIBIT D BUDGET OF CITY REIMBURSABLE COSTS Consultant Scone of Services Bud<>et SRF (Environmental Srves) . AUAR Environmental Study $250,000 . Preparation of ADAR process schedule . Initialize EA W with unique ADAR items . Establishment of Public Involvement Process . Assemble elements of the AUAR . Author fmal document . Meetings . Review of envirorunental documents as needed Spencer Fane Britt & Browne . Legal Services relating to the $150,000 Mike Comodeca (Legal Services) Transfer Process . Offer To Purchase . Review ofT ransfer Documents . Negotiations with GSA and Army . Meetings & Travel -, I Negotiation and Preparation of $150,000 Kennedy & Graven . Stephen Bubul (Legal Services) Development Agreements . Review of Legal documents as needed . T1F related legal review . Meetings -, BCS Consulting Services . Project Management Consulting $75,000 Dennis Welsh (Project Management . Review of documents as needed Services) . Project assistance as needed . Council education . Grant Assistance . Meetings Engineering Services . Engineering review and $40,000 consultation Ehlers & Associates . Provide fiscal analysis of $]50,000 (Financial Consultant Services) development agreements D-I Council Meeting Agenda Item 7G April 9, 2007 ATTACHMENT B ... /....'> ~,! Sf'ENCER FANE B R I T T ~ B ROW N E LLP ATTORNEYS" COUNSEL.ORS AT LAW MICHAEL P. COMODECA DlRECf DIAl. (913) 327-5193 Mcomodeca@spencerfane.com June 3, 2003 VIA FEDERAL EXPRESS r---.> ,'."'. I ll!i\l )'....;] , I I C~Ty.. OC:~~~~:~:;~;..__ j-1 - 4 2003 i I ,___<; I ..... ---------l Mr. Aaron Parrish Acting City Manager 1245 Highway 96 Arden Hills, Minnesota 55112 Re: Legal Services Engagement Letter Dear Mr. Parrish: We are pleased that you have asked Spencer Fane Britt & Browne LLP (the "Firm") to represent the City of Arden Hills (the "City"). We understand that we are to provide the City with legal advice and services concerning the transfer of a parcel of property located on the Twin Cities Anny Ammunition Plant ("TCAAP") from the General Services Administration ("GSA") to the City, I conducted a conflicts check for the parties associated with this matter and the Firm has no conflicts in representing the City in this action. The Firm will bill for the work performed by the Firm's attomeys in accordance with the hourly rates established by our fee schedule. The range of rates by category of attorneys are listed below: (a) (b) (c) (d) Partners: Of Counsel: Associates: Paralegals: $210 to $325 per hour $140 to $260 per hour $125 to $205 per hour $55 to $125 per hour I will take the lead in this matter, and my standard rate is $220 per hour. Our fee schedule is reviewed and revised usually once per year, and this generally occurs around January 1. If it is necessary for me to involve another attorney in this matter, I will consult with you prior to doing so. The Firm will provide you with a copy of its invoices on a monthly basis. If you have any comment or question about any of our invoices, please call me. Kansas City, Missouri The Firm will charge l5~ per page for photocopy services, For computer research, we charge an amount that attempts to approximate our computer research cost. When travel is required, we try to keep travel expenses as reasonable as practicable. When available, we book discount coach class air fares and take advantage of hotel and car rental discounts. We do not Suite 700, 40 Corporote Woods 9401 Indion Creek Porkway Overland Pork, Kansas 66210-2005 19131 345-8100 Fax (913) 345-0736 wvvw.spencerfane.com KS 92217.1 St. louis, Missouri ,F''''''', ! ' Mr. Aaron Parrish June 3, 2003 Page 2 SPENCER FANE B R I T T $ B ROW N E '" ATTORNEYS' COUMSlLORS AT LAW charge for overtime or weekend hours for secretarial or support staff, for meals or transportation costs for personnel working overtime or weekends, for faxes, or for word processing, secretarial work, or routine office supplies. I enclose the materials you requested regarding the Firm. Included in those materials is a copy of the Firm's Standard Terms of Engagement for Legal Services. These terms are an integral part of our agreement with you. I believe you will find these terms to be acceptable and consistent with the City's approach to legal services. Please contact me if you have any questions about the standard terms or this letter. We are pleased that you have retained the Firm to work with the City on this matter, I look forward to working with you. Assuming this letter is acceptable, please sign it in the space provided below and return a copy to me. Sincerely, ~ Michael P. Comodeca MPC:nrl Enclosures ACCEPTED: ??~~ Aaron Parrish KS 92217.1 Council Meeting Agenda Item 7G April 9, 2007 ATTACHMENT C SPENCER FANE B R I T T c$> B ROW N E LLP ATTORNEYS & COUNSELORS AT LAW MICHAEL p, CbMODECA DIREcrDIAL(91J) 327,5193 mcomodeca@spencerfane.com File No. 5008870~1 April 3, 2007 Ms, Karen Barton Community Development Director City of Arden Hills 1245 Highway 96 Arden Hills, Minnesota 55112 Re: Standard Terms of Engagement/Engagement Letter Dear Karen: I enclose the engagement letter that I entered with the City in June 2003. My services are cunent1y billed at $300 per hour. I also enclose an updated copy of the Firm's Standard Temls of Engagement. If you have any questions, feel free to contact me Very truly yours, ~ Michael P. C0l110deca MPC/eac Enclosures Suite 700, 40 Corporate Woods 9401 Indian Creek Parkway Overland Park, Kansas 66210-2005 (913)345-8100 www,spencerfone,com Fax (913)345-0736 01' 117872.1 Kansos City, Missouri St.louis/Missouri Overland Pork, Kansas Omaha, Nebraska SPENCER FANE B R I T T , B ROW N E llP ATTORNEYS II COUNSELORS AT LAW Standard Terms of Engagement for Legal Services This statement sets forth the standard terms of our engagement as your lawyers. The Scope of Our Work You should have a clear understanding of the legal services we will provide, Any questions that you have should be dealt with promptly, We will at all times act on your behalf to the best of our abili1y, Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees, Such opinions are necessarily limited to our knowledge of the facts and are based on the state of the law at the time they are expressed, It is our policy that, for conflict of interest purposes, the person or enti1y that we represent is the person or enti1y that is identified in our engagement letter and does not include any affiliates of such person or enti1y, For example, if you are a corporation or partnership, our representation does not extend to any parents, subsidiaries, employees, officers, directors, shareholders or partners of the corporation or partnership, or commonly owned corporations or partnerships. If you are a trade association, our representation does not extend to any members of the trade association, unless such members undertake individual arrangements with us, It is also our policy that, for conflict of interest purposes, the attorney-client relationship will be considered terminated upon our completion of the services that you have retained us to perform, If you later retain us to perform further or additional services, our attorney-client relationship will be revived subject to these terms of engagement, as they may be supplemented at that time, Who Will Provide the Lel!al Services Customarily, each client of the firm is served by a principal attorney contact. The principal attorney should be someone in whom you have confidence and with whom you enjoy working. You are free to request a change of principal attorney at any time. Subject to the supervisory role of the principal attorney, your work or parts of it may be performed by other lawyers and legal assistants in the firm. Such delegation may be for the purposc ofinvolving lawyers or legal assistants with particular skills or experience in a given area or for the purpose of providing services in the most efficient and timely basis. How Fees Will Be Set Our fees for legal services are customarily determined on the basis of an hourly rate, Each of our lawyers and legal assistants has an hourly rate, as determined by the firm's management, consistent with the experience, reputation, and abilities of the lawyers and legal assistants performing the services, The hourly rates of each of our lawyers and legal assistants are reviewed annually to reflect current levels of legal experience, reputation, ability, costs, and other factors. We will keep accurate records of the time we devote to your work, including negotiations, factual and legal research and analysis, document preparation and revision, and other related matters. Occasionally we are requested to estimate the amount of fees and costs I ikely to be incurred in connection with a particular matter. When requested, we will attempt to furnish such an estimate, based upon our past experience and best professional judgment, but with an understanding that such an estimate is not a maximum or fixed-fee quotation, For certain well-defined services (for example, a simple business incorporation), we may quote a flat fee and the scope of the services to be provided. It is our general policy not to accept representation on a flat-fee basis except in such defined- services areas or pursuant to a special arrangement IOOOWALNln-SIHI;I;\,SlilTI' 1400 KANs.>\sCn"Y.MIs--;!llll\l 64106-2140 (S16) 47HIOO FAX (816l 474-3216 I N. BI:H~I\'(!l.)(ll)B(ll)I.I'VM,P.SIIlT)' 1(\10 9-tOll"llIM-:CltH'KPARKWAY,SIII'II'700 S r.li llJlS. MIsS( \\lRl 63i05.3015 OvERl.;\NP P,\H.K, KAl'Y"S.>\S 66210-2005 (314)863_77331",\)((314)862-'1656 (913)345-8100 FAX (913) 34S.0736 www.SIJ<.~nc~rt~ ll.:.c~)m 9420 UNIWltW( l< 11' AVIONlll', Slim' 200 OMAIIA, NI'I\IMSKA 68114_66OS (402)965-8600 F..\x(402\965-8601 SPENCER FANE B R I T T ~ B ROW N E LLf ATTORNEYS.. COUN.SELOkS AT LAW tailored to the needs of a particular clicnt, In all such situations, the flat-fee arrangement will be expressed in a letter setting forth both the amount of the fee and the scope of the services to be provided. Out-of-Pocket Expenses Although substantial expenses incurred on a client's behalf will be sent to the client for direct payment, we often incur and pay on behalf of our clients a variety of smaller out-of-pocket costs arising in connection with legal services. These include charges made by government agencies and service vendors. Some typical costs are long-distance telephone charges; express delivery charges; telefax and telex charges; printing and reproduction costs; filing fees; and travel expenses. We incur outside costs as agents for OUf clients and incur internal expenses on behalf of our clients, who agree that these costs will be paid on a regular basis. Retainer and Trust Devosits New clients of the firm are often asked to deposit a retainer with the firm. A retainer is a deposit. Unless otherwise agreed, this retainer deposit will be credited toward your unpaid invoices, as those invoices are generated, or at the conclusion of our legal representation. At such time as the retainer is unnecessary or is appropriately reduced, the remaining balance or an appropriate part of it will be returned to you, On occasion, you may be asked to make additional deposits to the retainer, or to increase the amount held in deposit. Deposits which are received to cover specific items will be disbursed as providcd in our agreement with you, and you will be notified from time to time of the amounts applied or withdrawn, Any amount remaining after disbursement will be returned to you. All trust deposits we receive from you will be placed in a trust account for your benefit. Unless special arrangements are made, interest earned on the trust account is paid to a charitable foundation established in accordance with court ru les. Revised September 2006 Termination YOll may terminate our representation at any time, with or without cause, by notifYing us. Your termination of our services will not affect your responsibility for payment of legal services rendered and out-of-pocket costs incurred before termination and in connection with an orderly transition of the matter. We are subject to the codes of professional conduct for the jurisdictions in which we practice, which list several types of conduct or circumstances that require or allow us to withdraw from representing a client, including for example: conflict of interest with another client, misrepresentation or failure to disclose material facts, action contrary to our advice, and nonpayment of fees or costs, We try to identifY in advance and discuss with our client any situation which may lead to our withdrawal and, if withdrawal ever becomes necessary, we shall provide the client written notice of our withdrawal. Billinl! Arranl!ements and Terms ofPavment We will bill you on a regular basis, normally monthly or quarterly, for both fees and disbursements. You agree to make payment within thirty days of receiving our statement. We will give you prompt notice if your account becomes delinquent. If the delinquency continues and YOll do not arrange satisfactory payment terms, we may withdraw from the representation and may pursue collection of your account. Client Satisfaction Our desire is to serve you and meet your legal needs. Client satisfaction is of utmost importance. You should feel free to discuss any aspect of our representation with the principal artomey. We welcome your input to ensure that aUf legal services meet your needs. We appreciate having the opportunity to be of service to you. Page 20f2