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HomeMy WebLinkAboutItem 06.e Date: Item No. CAMPBELL KNUTSON CITY PROSECUTION AND CIVIL LEGAL SERVICES CONTRACT RENEWAL Proposed Action Staff recommends adoption of the following motion: Move to approve a contract renewal with the firm of Campbell Knutson for civil and prosecution legal services. Overview In 2016 the City Council approved a contract with Campbell Knutson for civil and prosecution legal services. The contract allowed for annual adjustments to the service fees based on the City’s annual cost of living increase. In 2017 and 2018 a contract renewal was not required as Campbell Knutson elected to maintain the fee structure as outlined in the 2016 contract with no fee increases. The proposed contract renewal outlines minimal increases to some of the fees resulting in an average increase of 6.2 percent; consistent with what the fees would have increased based on the cost of living increases over the past two years of the existing contract. Administration reviewed the services provided by Campbell Knutson and found they have consistently provided excellent service and have been very responsive to the city’s needs. Staff recommends approval of the renewal of the legal services contract with Campbell Knutson as attached. Primary Issues to Consider • None Supporting Information • Campbell Knutson Legal Services Contract Renewal. 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, Assistant City Administrator February 4, 2019 Varies General Fund 200704v1 1 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF LAKEVILLE AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, dated February ____, 2019, 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: $145.00 per hour Partners: $162.00 per hour Designated City Attorney: $173.00 per hour Paralegals/Legal Assistants/ Law Clerk: $81.00 per hour 200704v1 2 B. Pass-through Legal Services: The customary hourly rate of the particular attorney doing the work, currently ranging from $120.00 to $300.00 per hour, or paralegal/legal assistant, currently at $150.00, for legal services that are to be passed through to third parties according to the City's policies. C. Criminal Prosecution: A monthly retainer for basic services for attorney and legal assistant fees of $18,255.00 per month, and actual costs not to exceed $6,159.00 annually. The costs will be billed monthly as actually incurred, not to exceed $6,159.00 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 $142.00 2. Attorney $125.00 3. Legal Assistant $57.00 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. Meetings: $267.00 for attendance at meetings of the City Council and Planning Commission. G. Costs: Out-of-pocket costs without mark-up. Costs include: • Westlaw and Lexis/Nexis legal research • recording fees • postage of 50¢ or more • photocopies at 20¢ per copy • color copies at 40¢ per copy 200704v1 3 • litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) H. Beginning in January 2020, 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, except pass-through rates that are adjusted by the Attorney, at the Attorney’s discretion, but no more than annually each year. I. 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 be in effect beginning January 1, 2019. This Agreement shall not be modified or amended without the approval in writing of the Lakeville City Council. Dated: ______________, 2019. CITY OF LAKEVILLE BY: __________________________________ Douglas P. Anderson, Mayor AND _________________________________ Charlene Friedges, Clerk 200704v1 4 Dated: ______________, 2019. CAMPBELL KNUTSON Professional Association BY: __________________________________ Andrea McDowell Poehler, President