4 2005 Legal & Prosecution Con
CITY OF
CHANHASSEN
7700 Market Boulevard
POBox147
Cr,arlflasseri M~J 55m
Administration
Prorle 952.2271100
Fax 952.2271110
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Finance
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Recreation Center
2310 Coulter Boulevard
PliOlle 952 227.1400
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Planning &
Natural Resources
Pliorle. 952.227.1130
Fay. 952.2271110
Public Works
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Phone 9522271300
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Senior Center
Phone 952.2271125
Fax 952227 1110
Web Site
wwwcl.cr:all'lassell.mr:.US
The City of Chanhassen · A
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Justin Miller, Assistant to the City ManagebJl\
J ./(.;
November 16,2004 Ct'(,\,
DATE:
RE:
2005 Legal and Prosecution Services Contract with Campbell
Knutson, P.A.
BACKGROUND
Attached to this report is the proposed 2005 contract for legal services with
Campbell Knutson, P.A. The contract calls for a 5% increase in the hourly rates
for both civil and prosecution matters. The proposed budget for 2005 legal
services is $145,000. This amount will be offset by an estimated $25,000 in fine
revenues.
Also attached is a report detailing the prosecution statistics through November 12,
2004. The City of Chanhassen began using Campbell Knutson for prosecution
services January 1,2004. Elliott Knetsch, the City's prosecutor, will be present at
Monday's meeting to discuss the report in more detail and answer any questions.
RECOMMENDA TION
Staff recommends the City Council approve the attached agreement for legal
services between the City of Chanhassen and Campbell Knutson, P.A.
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Professional Association
Attorneys at Law
RECEIVED
AUG 3 1 2004
CiTY OF CHANHÞ\SSEN
CAMPBELL KNUTSON
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
(651) 452~5000
Fax (651) 452~5550
John F. Kelly
Matthew J. Foli
Soren M. Mattick
Brendan J. Flaherty
Marguerite M. McCarron
Gina M. Brandt
* Also licemed in Wisconsin
August 30, 2004
Mr. Todd Gerhardt
City Manager/Clerk
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Dear Todd:
Thank you for the opportunity to continue our valued relationship with the City of
Chanhassen.
Enclosed please find the proposed contract for legal services for 2005 which you
requested. As we discussed, it contains a proposed 5% increase in the civil hourly rates and in
the prosecution retainer. I also modified the language in Section 3.e. regarding vehicle
forfeitures to make it clear that we will be paid according to the formula established by state
statute for vehicle forfeitures. In those cases, our legal fees are paid from proceeds of the sale of
the vehicle, not by the City.
Please contact me if you have any questions or comments.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
BY:
~(ff/i g ~
Elliott B. Knetsch
EB~)
Enclo~
Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 551 Z I
AGREEMENTFORLEGALSERTICES
BETWEEN THE CITY OF CHANHASSEN AND
CAMPBELL KNUTSON, P.A.
THIS AGREEMENT, effective January 1,2005, 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 ofthe 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 - $110.00 per hour, Partners -
$122.00 per hour, and Designated City Attorney - $127.00 per hour.
B. Pass-throu2:h Le2:al Services: The customary hourly pass-through rate of
the attorney doing the work, currently 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. #] 09196 v2
EBK 8/26104
1
--
e. Criminal Prosecution: A monthly retainer for prosecution legal services
of $1,785.00 per month, plus actual 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) vehicle forfeitures, and iii) prosecution of ordinance violations initiated by any City
department. These non-retainer legal services would be billed at the general civil municipal hourly
rate, except those vehicle forfeiture cases where a vehicle is administratively forfeited or a court finds
a vehicle is subject to forfeiture, then Attorney shall be paid as provided in Minnesota Statute
§169A.63, Subd. 10.
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/Lel?:al Assistants: $66.00 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 to 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.
Doc #109196 v.2
EBK 8/26/04
2
5. MISCELLANEOUS.
A. Governine Law. This Agreement shall be governed by the laws ofthe State
of Minnesota.
B. Assienment. The Attorney may not assign or refer any of the legal services
to be performed hereunder without the written consent ofthe Chanhassen City Council, except
criminal cases where Attorney has a legal or ethical conflict of interest, Attorney shall notify the
City Manager of a case assigned for this reason.
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:
,2004.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager/Clerk
Dated:
,2004.
CAMPBELL KNUTSON, P.A.
BY:
Roger N. Knutson, Vice President
AND
Elliott B. Knetsch, Vice President
Doc.#109196v.2
EBK 8/26/04
3
Chanhassen Prosecution
Year to Date
January 1,2004 - November 12, 2004
(Files opened: 285)
Gross Misdemeanors
Gross Misdemeanors-DWI
Total Gross Misdemeanors
24
24
48
Misdemeanors
Domestic Assaults - Misdemeanors
Petty Misdemeanors
Total Misdemeanors
174
30
33
237
Dispositions
DWI (Gross Misd. and Misd.) cases: 48
Guilty Plea
Pending
Total
36 of 36
12
48
Domestic Assault cases: 30
Guilty Plea
Dismissed upon Plea on felony case and deportation
Pending
Total
20 of 21
1
--.2
30
Court Trials: 32
Found Guilty/Guilty Plea/Certified Conviction
Negotiated agreement to suspend prosecution
with payment of pros costs to the City
Case dismissed - lack of evidence
Total
30 of 32
1
1
32
Dispositions on 2003 open files
Cases Received from Co. Atty's Office: 21
DWI cases: 10
Guilty Plea
10 of 10
Domestic Assault cases: 11
Guilty Plea
11 of 11
Total
21