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HomeMy WebLinkAboutItem 06.m Date: Item No. CAMPBELL KNUTSON CITY PROSECUTION AND CIVIL LEGAL SERVICES CONTRACT Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with the firm of Campbell Knutson for civil and prosecution legal services. Overview Earlier this year the city advertise an RFP to obtain proposals for civil and prosecution legal services. A total of five proposals for civil services and seven proposals for prosecution services were submitted from various firms. The Personnel Committee reviewed the proposals and selected three firms to interview for civil services and directed staff to interview four firms for prosecution services. Staff from the Police, Inspections, and Administration departments interviewed the four firms for prosecution legal services and are recommending the firm of Campbell Knutson, contingent on office hours at the Police Department being included in their service contract. The Personnel Committee interviewed the three firms for civil legal services. After considering the responses from the interview questions, the Personnel Committee refined the list down to two final firms. Additional questions were sent to each of these firms to further evaluate their proposed services. After reviewing their responses to the questions, the Personnel Committee is recommending the firm of Campbell Knutson for the city’s civil attorney legal services. Primary Issues to Consider Have office hours at the Police Department been added to the contract for prosecution legal services?  Office hours at the Police Department have been included in the contract under the monthly retainer fee. Who will serve as the City Attorney under the new contract for civil legal services?  Campbell Knutson has identified a plan to transition the primary attorney responsibilities from Roger Knutson to Andrea Poehler which will take place over the next several months. Supporting Information  Campbell Knutson Legal Services Contract. Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Allyn G. Kuennen July 5, 2017 Varies General Fund 187901v1 1 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF LAKEVILLE AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective July 5, 2016, is by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by resolution of the City Council. B. The Attorney may terminate this Agreement at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. General Civil Municipal: Associates - $128.00 per hour, Partners - $150.00 per hour, and Designated City Attorney - $164.00 per hour. B. Pass-through Legal Services: The customary hourly rate of the particular attorney doing the work, ranging from $120.00 to $300.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. 187901v1 2 C. Criminal Prosecution: A monthly retainer for basic services for attorney and legal assistant fees of $16,789 per month, and actual costs not to exceed $5,665 annually. The costs will be billed monthly as actually incurred, not to exceed $5,665 for the year. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non- retainer legal services would be billed at the general civil municipal hourly rate. Attorney shall notify City monthly of the actual hours incurred in providing prosecution legal services. For this purpose only, Attorney will use the following hourly rates: 1. Designated lead prosecutor $131.00 2. Attorney $117.00 3. Legal Assistant $49.00 to $54.00 D. Office hours. When requested by the Police Chief, a prosecutor shall maintain office hours at the police station of up to two hours per week. This service is included as part of the prosecution retainer. E. Vehicle Forfeitures: Legal services in conjunction with vehicle forfeitures shall be billed at the hourly rate for criminal prosecution. Costs will be billed as actually incurred. F. Laws Clerks/Legal Assistants: $75.00 per hour. G. Meetings: $247.00 for attendance at meetings of the City Council and Planning Commission. H. Costs: Out-of-pocket costs without mark-up. Costs include:  Westlaw  recording fees  postage of 50¢ or more  photocopies at 20¢ per copy  color copies at 40¢ per copy  litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 187901v1 3 I. Beginning in January 2017, the dollar amount of the prosecution monthly retainer, annual costs for providing prosecution legal services, and hourly and meeting rates for all services performed under this Agreement shall be adjusted annually in an amount equivalent to the cost of living adjustment given to non-union employees. J. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. A. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Lakeville City Administrator. C. Effective Date. This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Lakeville City Council. Dated: ______________, 2016. CITY OF LAKEVILLE BY: __________________________________ Matt Little, Mayor AND _________________________________ Charlene Friedges, Clerk Dated: ______________, 2016. CAMPBELL KNUTSON Professional Association BY: __________________________________ Roger N. Knutson, Vice President