4.9 SR 07-01-2013 City of
EW REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 4.9
AGENDA SECTION MEETING DATE PREPARED BY
Consent July 1, 2013 Cal Portner, City Administrator
ITEM DESCRIPTION REVIEWED By
Attorney Civil Services Contract
REVIEWED BY
ACTION REQUESTED
Approve by motion the Civil Legal Attorney Services Contracts.
BACKGROUND/DISCUSSION
At the June 17, 2003, meeting, the Council approved contracts for prosecution services (Baumgartner)
and civil legal (Beck). This contract is for civil legal services outside of the civil legal scope of Mr. Beck,
such as personnel services and litigation.
The hourly rate for partners ($155) is the same as Mr. Beck. Rates for associates are $130 per hour and
$80 for legal assistants and law clerks.
FINANCIAL IMPACT
There is no financial impact as each proposal is within the approved 2013 budget.
ATTACHMENTS
■ Agreement for Legal Services between the City of Elk River and Campbell Knutson,P.A.
POWERED By
N:APublic Bodies\Agenda Packets\7-01-2013\Final\x4.9 Legal Services sr.docx INAMIRE1
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF ELK RIVER AND
CAMPBELL KNUTSON, • •
THIS AGREEMENT, effective June 17, 2013, by and between the CITE' OF ELI{
RIVER, a Miiulesota 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. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal 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. The Attorney shall serve at the pleasure of the City and may be terminated
without cause by the City at any time. The Attorney may terminate the 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. The Attorney will bill the City monthly. The City will normally pay for
services within thirty-five (35) days of receipt of a statement for services rendered. Fees will be
charged as set forth in Exhibit"A" attached hereto. Exhibit"A"may be amended from time to time
by agreement of the parties.
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B. Minimum Billing Increment: The minimum billing increment for all
services is 2/1 Oths of an hour.
C. Costs. Out-of-pocket costs without mark-up. Costs include:
• Westlaw
• Recording fees
• Postage of 50¢ or more
• Photocopies at 20¢per copy
• Litigation expenses(court filing fees, expert witnesses,
acquisitions,subpoenas, service of process, etc.)
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
of Minnesota.
B. Assignment. The Attorney may not assign or refer any of the legal services
to be performed hereunder without the consent of the Elk River City Manager.
C. Effective Date. This Agreement shall be effective the day and year first
above written. This Agreement shall not be modified or amended without the approval in writing of
the parties.
Dated: , 2013. Dated: June 20, 2013.
CITE'OF ELK RIVER I{CAMplonnIAssociation LL NUTS N
Pr s
BY: B
John Dietz, Mayor oger N. Knutson, Vice President
AND
Tina Allard, City Clerk
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EXHIBIT "A"
TO
LEGAL SERVICES AGREEMENT
HOURLY RATES
Attorneys $ 155.00
Legal Assistants/Law Clerks $ 90.00
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