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HomeMy WebLinkAbout6.i. Consider Contract with Criminal Prosecution Firm Campbell Knutson EXECUTIVE SUMMARY City Council Regular Meeting: February 16, 2021 AGENDA ITEM: Consider Contract with Criminal Prosecution Firm Campbell Knutson AGENDA SECTION: Consent PREPARED BY: Logan Martin, City Administrator AGENDA NO. 6.i. ATTACHMENTS: Proposed Contract APPROVED BY: LJM RECOMMENDED ACTION: Motion authorizing the Mayor and City Clerk to enter into a contract with Campbell Knutson PA for criminal prosecution and legal services in the City of Rosemount. BACKGROUND This fall, the City’s incumbent Criminal Prosecutor Fluegal Law informed staff of their intention to phase out of providing public sector service and instead focus on the private side of their firm’s practice. Fluegel Law has served the City admirably for many years and we wish them well. To prepare for this transition, staff conducted an RFP process to firms specializing in Criminal Prosecution, which generally includes police matters, prosecuting criminal cases in court, and sporadic code enforcement issues. Staff interviewed four firms and conduced reference checks with police departments and other city staff members. All four firms were highly qualified and recommended, and staff is recommending the firm Campbell Knutson to serve as the City’s next Criminal Prosecution firm. Campbell Knutson is based in Eagan and has decades of experience practicing solely municipal law. The firm serves many cities in Dakota County and across the metro and has broad knowledge of the issues commonly encountered in criminal cases and daily police operations. Campbell Knutson will provide a 4-person team dedicated to Rosemount issues, led by Mr. Elliot Knetsch. The attached contract was reviewed by City Attorney Mary Tietjen of Kennedy & Graven, who also has worked with Campbell Knutson in other communities and has had a positive experience with them. RECOMMENDATION Staff recommends the City Council authorize the Mayor and City Clerk to enter into a contract with Campbell Knutson PA for criminal prosecution and legal services in the City of Rosemount. 213848v1 1 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF ROSEMOUNT AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective _______________, 2021, is by and between the CITY OF ROSEMOUNT, 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 Prosecution Services for the City, as more fully described in the scope of services attached as Exhibit A. 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 sixty (60) days written notice before the termination becomes effective. 3. COMPENSATION. A. Prosecution Services: Legal fees for Prosecution Services will be billed monthly at the following hourly rates:  Attorneys $ 120.00  Legal Assistants/Law Clerks $ 90.00 213848v1 2 After the first six (6) months of service, the City may request the Attorney to propose a fixed monthly not to exceed cap for Prosecution Services. B. Additional Prosecution Related Services: Legal Fees for Additional Prosecution Related Services are not included in Prosecution Services, and will only be furnished at the specific request of the City. The following are Additional Prosecution Related Services: (1) Criminal appeals whether initiated by the State or the Defendant. (2) Criminal records expungements. (3) Matters relating to the Police Department’s issuance of firearms permits. (4) Administrative citations or prosecution of zoning or other ordinance violations initiated by any City department other than the Police Department. (5) Forfeitures - For vehicle forfeiture matters, Attorney shall bill the City and be compensated at the hourly rates set forth in Section 3.A above. (6) Dangerous or potentially dangerous dog administrative or criminal proceedings. (7) Matters relating to the Minnesota Government Data Practices Act. Legal fees for Additional Prosecution Related Services will be billed monthly at the following hourly rates:  Attorneys $ 150.00  Legal Assistants/Law Clerks $ 100.00 C. Monthly Statements: Attorney will send City a detailed monthly billing statement of the actual hours incurred in providing Prosecution Services and Additional Prosecution Related Services. The minimum billing increment is .2 hour. D. Costs: Out-of-pocket costs without mark-up include:  Lexis research (only if used for Rosemount matters)  photocopies at 20¢ per page  color photocopies at 40¢ per page  postage of 50¢ or more  court related costs (court filing fees, expert witnesses (with prior consent of City), subpoenas, service of process, court reporter fees)  conflict attorneys’ fees and costs 213848v1 3 E. Payments: Payments for legal services provided the City shall be made in the manner provided by law. 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. Annual Presentation to the City Council. Upon request of the City, the Attorney will provide the City Council with an annual presentation on prosecution activity and updates. The Attorney will provide other reports upon request. B. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. C. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Rosemount City Council. D. 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 Rosemount City Council. Remainder of page intentionally left blank. Signature page follows. 213848v1 4 Dated: ______________, 2021. CITY OF ROSEMOUNT By: __________________________________ William H. Droste, Mayor And: _________________________________ Erin Fasbender, Clerk Dated: ______________, 2021. CAMPBELL KNUTSON Professional Association By: __________________________________ Elliott B. Knetsch, Vice President 213848v1 5 EXHIBIT A TO AGREEMENT FOR LEGAL SERVICES SCOPE OF PROSECUTION SERVICES The Campbell Knutson prosecution team has a recognized excellence in delivering high quality prosecution services. Our prosecution team will provide Rosemount with the following: General Criminal Prosecution. Campbell Knutson’s prosecution team will handle Rosemount’s non-felony cases from start to finish. This includes reviewing for charging, drafting formal complaints, all discovery, any pretrial motions, preparation of all notices as required by the Minnesota Rules of Criminal Procedure, all pretrial hearings, and any jury or court trial. We will handle any case initiated by the Rosemount Police Department, the Dakota County Sheriff’s Office, the Minnesota State Patrol, the Department of Natural Resources, or any other law enforcement agency. Briefings/Officer Training/Ride-Alongs. Our representation will include our attorneys regularly attending roll-call briefings with officer at no cost to the City. We will provide quarterly training geared towards new officers but open to all officers. Due to the strong rapport we develop with officers, we are able to educate, inform, and mentor officers, and on occasion offer coaching, especially to new officers, to improve their performance and enhance public safety. Our prosecutors regularly participate in ride-alongs with officers to help understand our client’s culture and practices, to gain insight into local and distinctive patrol procedures, and to increase communication with the officers. Legislative/Case Law Updates. We are committed to providing timely updates to our clients about the important state and federal changes that impact the criminal law and the provision of day-to-day police services, whether the changes arise from new legislation, executive mandates, or judicial decisions. We provide an annual Minnesota Criminal Law Legislative Update. Availability/Response Time. We take extreme pride in client service. Command staff and officers are always able to reach us, day or night. Communication is the touchstone of a strong relationship. Our prosecutors’ cell phone numbers are distributed to all staff. Officers routinely call our prosecutors after normal business hours with questions in the field, and on weekends particularly with respect to the 48-hour hold rule. We are available 24/7 to serve the City’s needs.