The URL can be used to link to this page

Home My WebLink About05(F) - Approve Authorization of the Mayor and City Manager to Enter into a Contract for Civil Legal Services with Campbell Knutson, P.A. and Appointing Shana Conklin as Primary City Attorney Report 1 Agreement for General (Civil) Legal Services Whereas, the City of Prior Lake ("City"), a public body corporate and politic operating as a statutory city under the laws of the State of Minnesota and located within the County of Scott, desires to have certain attorney services provided; and Whereas, the City desires to have Shana Conklin, in her capacity as an associate attorney for Campbell Knutson, P.A., in conjunction with the firm of Campbell Knutson, P.A. ("Attorney") to serve as city attorney; Whereas, the parties desire to more specifically identify the duties and responsibilities of the City and Attorney; Now Therefore, it is hereby agreed that this document by and between the City and the Attorney, shall be a binding obligation on behalf of the parties named. I. Term This agreement shall be effective September 1, 2021, and terminable as provided in Section IX. II. Scope of Legal Services General scope of services, the services required by the City include, but are not limited to, the following: • Attendance at all City Council meeting. Attendance at other meetings as requested. • Review of municipal contracts as requested, including contracts for public improvements, developments, joint powers agreements, construction, lease agreements, and the like. • Representation of the City in the acquisition of properties for public improvements, special assessment appeal, easements, parks. • Review of all City Council and Planning Commission materials. • Representation of the City in proceedings for public improvement projects. • Representation of the City on economic development related issues as requested. • Representation of the City in matters related to the enforcement of City Codes, including building, subdivision, nuisance and zoning codes. • Defend the City in all litigation, except in those cases where insurance companies are required to exclusively provide defense, or where the City chooses to hire specialized or other legal services. The Attorney is responsible for monitoring and coordinating with the selected representation. • Review of legal issues in City Council, HRA and Planning Commission agenda items as requested. • Review of draft ordinances, resolutions, developer agreements and correspondence as requested. • Meeting and/or telephone conversations with and advising Mayor, Council members, City Manager, Department Heads and other staff on general legal matters. • Research and submit legal opinions on legal matters requested by the City Manager. 2 • Provide written and/or oral summaries to City Manager of law changes affecting the City, including recommending changes in operations or procedures to assure compliance. • Available by phone and email to answer staff questions. III. Fees General Legal Services: • $165 /hour for attorneys; • $90/hour for paralegal and law clerk. Pass-through Legal Services: • Partners and Associates rate of $200.00 to $400.00 per hour and paralegal/legal assistants currently ranging from $90.00 to $150.00 per hour, for legal services that are passed through to third parties according to the City policies or reimbursed from a developer or other third party. The Attorney will represent the City at the rate for general legal services on public improvement projects involving special assessments or improvements to private property, litigation, arbitration, and appellate matters, except that the parties may mutually agree to a higher rate based on the complexity of the matter. • The fees may be amended from time to time by written mutual agreement of the City and Attorney. Expenses to be reimbursed: • The actual cost of: express delivery, Westlaw and Lexis/Nexis charges, postage (over $0.50). • Photocopies ($0.20/page), color copies ($0.40/page), • Mileage at the IRS rate, currently $0.59/mile for all travel except for travel to regularly scheduled City Council meetings and City Council work sessions, which shall not be reimbursed. • For litigation, the actual cost of court filing fees, expert witnesses, acquisitions, subpoenas, service of process, and miscellaneous litigations costs. • All other filing, recording or miscellaneous litigation costs would be billed to the City at their actual costs. No other charges, including for postage under $.50, would be billed to the City. We will ensure that billing statements are provided in the format that meets the City’s needs. Percent of an hour billed: • .10, with the minimum billing increment of 0.2 of an hour for all services IV. Responsible Attorney and Staff Shana Conklin shall be the primary attorney for the City. Conklin shall be responsible for the performance of this agreement, although she may be assisted by other attorneys or support staff in the firm. Conklin shall supervise all work performed on behalf of the City. 3 V. Conflicts of Interest The Attorney shall not accept any client or project which knowingly would place it in a conflict of interest with the services to be provided to the City under this agreement. If a conflict of interest should develop, the Attorney shall be responsible for taking the necessary steps to comport its representation of the City with the Lawyers Code of Professional Responsibility. VI. Assignment of Services and Agreement The Attorney shall not assign any interest or obligation of this Agreement without the prior written consent of the City Manager. VII. Work Product All ordinances, resolutions, correspondence, and other documents or materials drafted for the City by the Attorney shall, upon their completion, become the property of the City. VIII. Insurance and Indemnification Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of this agreement. The value of the policy shall not be less than the cap for municipal tort liability as established by Minnesota Statutes. IX. Termination The parties understand that the Attorney serves at the pleasure of the Council. The City or Attorney may terminate this agreement without cause upon sixty (60) days written notice. Upon termination of this agreement, the City shall only be responsible for any billings accrued as of the date of termination. Further, the City expressly reserves the right to hire independent counsel on matters it determines requires an attorney with more experience or expertise in a particular field. In such a situation, the City shall remain responsible to the Attorney for any billings not related to the matter for which special counsel was retained. The City shall only be responsible to the Attorney for extra expenses in relation to the matter for which special counsel is retained if the City names the Attorney as co-counsel in the matter or otherwise requests the Attorney's participation. X. Acceptance The terms of this agreement are hereby accepted and made binding upon and between the City of Prior Lake and Shana Conklin, in her capacity as an associate attorney for Campbell Knutson, P.A., in conjunction with the law firm of Campbell Knutson. P.A. City of Prior Lake Shana Conklin By: __________________________ By: __________________________ Its: Mayor Associate Attorney Campbell Knutson, P.A. 4 City of Prior Lake Campbell Knutson P.A. By: __________________________ By: __________________________ Its: City Manager Andrea McDowell Poehler, President and Shareholder