4.2 SR 07-05-2022
Request for Action
To Item Number
Mayor and City Council 4.2
Agenda Section Meeting Date Prepared by
Consent July 5, 2022 Cal Portner, City Administrator
Item Description Reviewed by
City Attorney Agreement for Legal Services
Reviewed by
Action Requested
Approve, by motion, an agreement for legal services with Jared Shepherd of Campbell Knutson P.A.
Background/Discussion
At the June 20, 2022, Regular Council Meeting, Jared Shepherd was introduced as the proposed replacement of
City Attorney Peter Beck who is retiring later this year.
After questions and discussion, the Council expressed a unanimous consensus to contract with Jared and
Campbell Knutson for civil municipal law services.
Financial Impact
N/A
Mission/Policy/Goal
Elk River Mission
Attachments
Agreement
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
A GREEMENT FOR G ENERAL (C IVIL) L EGAL S ERVICES
Whereas, the City of Elk River ("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
Sherburne, desires to have certain attorney services provided; and
Whereas, the City desires to have Jared Shepherd, in his capacity as an attorney for
Campbell Knutson, P.A., in conjunction with the firm of Campbell Knutson, Professional
Association ("Attorney") to serve as legal counsel for the City through December 2022, and as
principal city attorney from January 1, 2023; and
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 July 1, 2022, and terminable as provided in Section IX.
II. Scope of Legal Services
The general scope of services required by the City include, but are not limited to, the following:
Attendance at the first City Council of the month as needed and in-person attendance at
the second City Council meeting of the month. 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 appeals, easements, parks, etc.
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. The
City has engaged separate council for economic development legal services and bonding
issues. The Attorney will coordinate with this counsel as requested.
Representation of the City in matters related to the enforcement of City Codes, including
building, subdivision, nuisance, and zoning codes. The attorney will coordinate with the
city prosecutor as necessary.
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.
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Review of legal issues in City Council and Planning Commission agenda items as
requested.
Review or draft ordinances, resolutions, developer agreements and correspondence as
requested.
Meeting and/or telephone conversations with and advising Mayor, Councilmembers, City
Administrator, Department Directors, and other staff on general legal matters.
Research and submit legal opinions on legal matters requested by the City Administrator.
Provide written and/or oral summaries to City Administrator of law changes affecting the
City, including recommending changes in operations or procedures to assure compliance.
Availability by phone and email to answer staff questions.
III. Fees
July 1, 2022, to December 31, 2022:
General Legal Services:
$165.00/hour for attorneys;
$ 90.00/hour for paralegals and law clerks.
January 1, 2023, forward:
General Legal Services:
$175.00/hour for attorneys;
$ 95.00/hour for paralegals and law clerks.
The rate for General Legal Services shall automatically increase annually commencing on
January 1, 2024, by $5.00/hr.
Pass-through Legal Services:
Partners and Associates rates are $200.00 to $400.00 per hour and paralegals/legal
assistants currently range 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
$1.00).
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Photocopies ($0.20/page), color copies ($0.40/page).
Mileage at the IRS rate for all travel.
For litigation, the actual cost of court filing fees, expert witnesses, acquisitions,
subpoenas, service of process, and miscellaneous litigations costs.
All other filings, recordings or miscellaneous litigation costs would be billed to the City at
their actual cost. No other charges, including for postage under $0.50, 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:
0.10, with the minimum billing increment of 0.2 of an hour for all services
IV. Responsible Attorney and Staff
From July 1, 2022, to December 31, 2022, Jared Shepherd shall coordinate the provision of legal
services with City Attorney Peter Beck and the City Administrator.
From January 1, 2023, Jared Shepherd and Campbell Knutson, P.A. shall be the City Attorney
for the City. Jared shall be responsible for the performance of this Agreement, although he may
be assisted by other attorneys or support staff in the firm. Jared shall supervise all work
performed on behalf of the City.
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 Administrator.
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.
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IX. Termination
The parties understand that the Attorney serves at the pleasure of the City Council. The City or
Attorney may terminate this Agreement without cause. Upon termination of this Agreement, the
City shall only be responsible for the 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 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 Elk River and Jared Shepherd, in his capacity as an attorney for Campbell Knutson, P.A., in
conjunction with the law firm of Campbell Knutson. P.A.
Dated: ____________, 2022 City of Elk River
By: ______________________________
John J. Dietz, Mayor
By: ______________________________
Tina Allard, City Clerk
Dated: ____________, 2022 Campbell Knutson
Professional Association
By: ______________________________
Jared Shepherd, Associate Attorney
By: ______________________________
Andrea McDowell Poehler,
President and Shareholder
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