1i Legal Services Agreement
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952,227,1100
Fax: 952,227,1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227,1190
Engineering
Phone: 952,227.1160
Fax: 952,227,1170
Finance
Phone: 952,227,1140
Fax: 952,227.1110
Park & Recreation
Phone: 952,227,1120
Fax: 952,227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952,227,1400
Fax: 952,227.1404
Planning &
Natural Resources
Phone: 952,227.1130
Fax: 952,227,1110
Public Works
1591 Park Road
Phone: 952,227.1300
Fax: 952,227,1310
Senior Center
Phone: 952,227,1125
Fax: 952,227,1110
Web Site
www.ci.chanhassen.mn.us
1~
MEMORANDUM
TO:
Todd Gerhardt, City Manager
Justin Miller, Assistant City Managet-- I.)J,~ I .
~fV ~ '\~ 'j
January 20,2006
FROM:
DATE:
RE:
Legal Services Agreement with Campbell Knutson, P .A.
BACKGROUND
Attached to this report is a proposed agreement for legal services with Campbell
Knutson, P.A. The agreement calls for Campbell Knutson to handle all civil and
prosecution legal services for the City of Chanhassen. The hourly rate for civil
services is increasing 3% over 2005 rates, while the prosecution rates are
increasing 10%. Staff has reviewed these rates with the city attorney and is
comfortable with the agreement. These new rates will fit within the adopted 2006
legal services budget.
RECOMMENDA TION
Staff recommends that the Chanhassen City Council approve the attached
Agreement for Legal Services with Campbell Knutson, P.A. Approval of this
item requires a majority vote of the city council.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play,
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF CHANHASSEN AND
CAMPBELL KNUTSON, P.A.
THIS AGREEMENT, effective January 1,2006, 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 - $113.00 per hour, Partners -
$126.00 per hour, and Designated City Attorney - $131.00 per hour.
B. Pass-through Legal 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.
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C. Criminal Prosecution: A monthly retainer for prosecution legal services
of $1,964.00 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
SI69A.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 ClerksILe2al Assistants: $68.00 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.
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5. MISCELLANEOUS.
A. Governine Law. This Agreement shall be governed by the laws of the State
of Minnesota.
B. Assi2llment. 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, 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:
, 2006.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager/Clerk
Dated:
, 2006.
CAMPBELL KNUTSON, P.A.
BY:
Roger N. Knutson, Vice President
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