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<br />Regular City Council Minutes -11/18/02 <br />Page 12 <br /> <br />$105,060, rather than the $105,600 as shown. City <br />Attorney Squires concurred. <br /> <br />City Manager Beets also noted contract language on Page <br />2, Section 1.2 "Non-Retainer Matters," 1.2.1, "Contested <br />Case Matters," regarding language stating that, "The Law <br />Firm will provide, and the City SHALL utilize the Law <br />Firm for representation in contested cases." Mr. Beets <br />stated that the City Request for Proposals (RFP) and the <br />firm's proposal indicated an acknowledgement that the <br />City used the League of Minnesota Cities Insurance Trust <br />(LMCIT) on numerous litigation issues, who in turn chose <br />counsel in coordination with the City. City Manager Beets <br />stated that the mandatory language "shall" should be <br />changed to "may." <br /> <br />City Attorney Squires commented that, as part of their <br />firm's proposal, the firm's expectation was that the City <br />would not utilize other firms, making them able to make a <br />proposal for services to the City. Mr. Squires suggested <br />that rather than changing one word, wording could be <br />inserted, stating"... the City shall utilize the Law Firm for <br />representation in contested cases, in cases that it has <br />authority to appoint counsel," which would exclude <br />LMCIT issues. <br /> <br />City Manager Beets stated that he preferred the previously <br />suggested language, which would allow the City more <br />discretion, allowing the City to choose the best law firm to <br />represent the City in any particular case. <br /> <br />City Attorney Squires asked that, in light of the discussion, <br />further negotiations between City Manager Beets and him <br />take place, and a revised contract be prepared for Council <br />consideration, eliminating any need for negotiations at the <br />bench. <br /> <br />Maschka moved, Kysylyczyn seconded, tabling action on <br />a contract for City Attorney services between the City of <br />Roseville and the law firm of Ratwik, Roszak & Maloney <br />until the December 2, 2002 regular Council meeting. <br />