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.
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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
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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
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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.
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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
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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.