9. Prosecution Services 2004CITYOF
CHANHASSEN
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MEMORANDUM
TO: Mayor & City Council
FROM: Todd Gerhardt, City Manager
DATE: December 3, 2003 ~'
SUB J: Prosecution Services for 2004
In the past, municipal prosecution services have been performed by the Carver
County Attorney's office. Their proposed fee for 2004 is approximately
$37,300 (the 2003 contract was $24,000). The increase is due to a new
surcharge that was added to the 2004 prosecution contracts (estimated at
$13,300).
Staff is proposing that the city retain the services of Campbell Knutson for
prosecution services in 2004, instead of Carver County. Campbell Knutson
currently provides prosecution of code enforcement issues and also provides full
prosecution services for the Cities of Lakeville, Plymouth, Burnsville, and St.
Louis Park. Staff is recommending that we expand their current contract to
include traffic and criminal prosecution for an additional monthly retainer fee of
$1,700 or $20,400 per year.
RECOMMENDATION
Staff recommends approval of the attached 2004 Prosecution Contract with
Campbell Knutson in the amount of $1,700 per month, plus out-of-pocket costs
incurred.
ACTION REQUIRED
Approval of this contract requires a simple majority of those City Council
members present.
ATTACHMENTS
Prosecution Contract.
Baseline Services that will still be performed by the Carver County
Attorney's Office (included in current county property taxes).
The Cily ol Chanhassen · ~ ir ~,,,,,'~[~,;; ,;, rT~r%~ ¥ ,,~,ith :~, , , ,i ,
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF CHANHASSEN AND
CAMPBELL KNUTSON, P.A.
THIS AGREEMENT, effective January 1, 2004, is by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON,
P.A., 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 - $105.00 per hour, Partners -
$116.00 per hour, and Designated City Attorney - $121.00 per hour.
B. Pass-through Legal Services: The customary hourly rate of the particular
attorney doing the work, ranging from $150.00 to $300.00 per hour, for legal services that are to be
passed through to third parties according to the City's policies.
Doc. #109196
EBK- 12/I/2003
C. Criminal Prosecution: A monthly retainer for prosecution legal services
of $1,700.00 per month, plus out-of-pocket costs incurred. The costs will be billed monthly as
actually incurred. 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
depart-ment. These non-retainer legal services would be billed at the general civil municipal hourly
rate.
Attorney shall provide quarterly reports to City with the following information:
1. Number of cases opened, broken down by gross misdemeanors,
gross misdemeanor DWIs, misdemeanors and petty misdemeanors.
2. Summary case disposition information, in a format as requested by
City.
D. Laws Clerks/Legal Assistants: $63.00 per hour.
E. Costs: Out-of-pocket costs without mark-up. Costs include:
· Westlaw
· recording fees
· postage of 50¢ or more
· photocopies at 20¢ per copy
· long distance telephone calls
· litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
F. 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. Governing Law. This Agreement shall be governed by the laws of the State
Doc. #109196 2
EBK- 12/1/2003
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 Chanhassen City Council.
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 Chanhassen City Council.
Dated: ,2003.
CITY OF CHANHASSEN
BY:
AND
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager/Clerk
Dated: ,2003.
CAMPBELL KNUTSON, P.A.
BY:
AND
Roger N. Knutson, Vice President
Elliott B. Knetsch, Vice President
Doc. #109196 3
EBK- 12/1/2003
Cases that would still have to be prosecuted by the County Attorney
1. 289A.63, subds. 1, 2, 4 and 6. These deal with knowing failure to file a return,
report, or other document with the commissioner. Fails to pay or to collect and
remit a tax knowingly. Illegally collecting sales tax.
2. 297B. 10. Any person who prepares, completes, or submits a false or fraudulent
motor vehicle purchaser's certificate with intent to defeat or evade the tax. Sales
tax on motor vehicles.
3. 609.377. Malicious punishment ora child.
4. 609.378. Neglect or endangerment ora child.
5. 609.41. False tax statement. Making any statement which is required to be made
as a basis of imposing, reducing or abating any tax or assessment.
6. 617.247. Possession of pornographic work involving minors.
7. 626.556 Subd. 6. Failure to report for a mandated reporter.
8. 609.3451. Criminal sexual conduct in the fifth degree.
9. 115.071. Environmental law violations. 115 is the water pollution control act.
10.299?.098. Hazardous substance emergencies.
11. 609.671. Environmental law violations.