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Regular City Council Meeting <br />Monday, October 20, 2008 <br />Page 8 <br />Mr. Malinen addressed how firms were identified for solicitation; the process fol- <br />lowed in 1999, 2002, 2005 and continual upgrading of the list of qualified firms, <br />in addition to seeking input from other peer agencies and member affiliations re- <br />lated to municipal government; receipt of four responses for City Attorney ser- <br />vices, and five responses for City Prosecutor services; and interviews held with all <br />responding firms. <br />Mr. Malinen advised that two panels of staff, consisting of Department Heads, <br />had performed one-hour interviews with both sets of attorney firms; with Depart- <br />ment Heads, Police Department Executive staff team; and the Community Devel- <br />opment Director participating in interviews for City Prosecutor services. Mr. Ma- <br />linen advised that, following the interviews, the panel had reviewed each proposal <br />and the interview responses, in addition to reviewing each firm's background in <br />human and labor relations, litigation, land use, and zoning; as well as prosecution <br />background as it related to each service. Mr. Malinen advised that the panels then <br />made their recommendations to him; and he considered the panels' rationale for <br />their recommendations. <br />Mr. Malinen advised that, in the end, the panels were unanimous in their recom- <br />mendations for reappointment of the incumbent firms for both City Attorney and <br />City Prosecutor services. <br />Mr. Malinen advised that, upon ratification by the City Council of his recommen- <br />dations, he would negotiate contracts with each firm and return to the City Coun- <br />cil for final contract approval. <br />Mayor Klausing noted budget-related comments from Councilmember Roe's <br />memorandum related to City Attorney and City Prosecutor legal services and pur- <br />suing the apparent low bidders for those services in 2009; noting that he had sat in <br />on the interviews for City Attorney. <br />Discussion among Councilmembers and City Manager Malinen included cost dif- <br />ferentials from a dollar and/or responsiveness viewpoint; each firm's level of <br />competence and experience; and consideration of overall price in consideration of <br />recommended firms; how each firm' monthly retainer was determined. <br />Councilmember Ihlan concurred with Councilmember Roe's concerns related to <br />bids; noting that the recommendation from staff was to go with the highest bidder <br />for each service. Councilmember Ihlan opined that it would be helpful to have a <br />public sense of the bid range; and noted that if the City Council ratified this rec- <br />ommendation, it would not be following their established and ongoing policy in <br />limiting the number of terms for consulting attorneys and/or other consultant ser- <br />vices, eliminating competitive services. Councilmember Ihlan opined that part of <br />the consideration of incumbent firms should be based on their past advice and <br />performance records for the City during their previous terms. <br />