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6.3. SR 01-16-2007 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Administration 16, 2007 Item Description Consider Contract for Prosecutin Administrator Introduction Hawkins and Associates has been selected as the consulting attorney fIrm to provide the city's prosecuting services. The attached Agreement for Legal Services between the City of Elk River and William G. Hawkins and Associates (Agreement) has been reviewed and approved by City Attorney Peter Beck and by William Hawkins. Discussion The Agreement has an initial term of one year starting on January 26 with an automatic renewal clause unless it is terminated prior to renewal. The city may terminate the Agreement at any time for any reason. The Agreement includes a section on communication and performance review requiring Mr. Hawkins and his associates to have frequent contact with city staff. Originally, the Prosecuting Attorney Committee felt that a transition period of a couple months would be necessary to transfer cases to the consulting attorney. Mr. Hawkins has indicated that the transition can happen much quicker. He feels that his fIrm will be prepared to take over prosecuting on January 29. He will work with legal secretary Jennifer Johnson in preparation for handling the cases and being in court on January 29. Attachments . Agreement for Legal Services Between the City of Elk River and William G. Hawkins and Associates Action Requested The Council is asked to approve the attached Agreement for Legal Services Between the City of Elk River and William G. Hawkins and Associates. Council Action Motion by _ Second by _ Vote Follow Up s: \Council\Lori\2007\Hawkins Contract.doc AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF ELK RIVER AND WILLIAM G. HAWKINS AND ASSOCIATES THIS AGREEMENT, effective _ day of , 2007, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation ("City") and William G. Hawkins and Associates, a sole proprietorship ("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 municipal criminal prosecution legal services for the City. Such work shall include attendance at arraignments, court trials, omnibus hearings, Rule 5/8 hearings, in-custody appearances, pretrial conferences, jury trials, appellate representation, preparation of criminal complaints and all other work related to municipal criminal prosecutions. Such work may include zoning prosecution, zoning enforcement, vehicle forfeitures, and other work as directed by the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. Legal services shall be supervised by William G. Hawkins and will be provided by William G. Hawkins, Scott C. Baumgartner and any other attorney licensed to practice law in Minnesota that may be hired during the term of this Agreement by the Attorney and approved by the City. 2. TERM. A. The initial term of this Agreement shall be from January 26, 2007 to and including January 31, 2008 ("Term"), unless terminated earlier as provided in 1 s/contracts/prosecting Atty Hawkins 012607 paragraph 6 herein. The Agreement shall automatically renew for subsequent one year terms unless cancelled pursuant to section 6. 3. FEES. A. Attorney will provide criminal prosecution legal services to the City at the following hourly rates: Attorneys Time - $95.00 per hour Paralegal Time - $45.00 per hour Rates may be increased one time per year at the time of renewal of this Agreement if Attorney has provided ninety (90) days written notice to the City of the proposed rate increase. The Attorney will not charge for travel time between Anoka and Elk River. Itemized invoices describing the work and time of the Attorney shall be submitted monthly to the City. The City shall pay said invoices within thirty (30) days after receipt. 4. EXPENSES. In addition to the fees in paragraph 3, the City shall reimburse Attorney for the following expenses: A. mileage .32cp per mile B. phone charges - actual costs billed for long distance calls only C. court filing fees D. process services fees which are charged at the actual rate by the provider E. West Law or other database providers - at the per hour rate charged to Attorney F. any other out-of-pocket costs that Attorney incurs in handling criminal prosecution services for the City, provided that costs in excess of $500 be pre-approved by the City. The Attorney shall not charge the City for photocopies or faxes. 5. INDEMNIFICATION INSURANCE. The Attorney agrees it will defend, indemnify and hold harmless the City, its officers and employees against any and all 2 s/contracts/prosecting Atty Hawkins 012607 liability, loss, costs, damages, expenses which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of the attorneys' performance or failure to adequately perform its obligations pursuant to this Agreement. Attorney further agrees that in order to protect itself as well as the City under the indemnity provision set forth herein, it will at all times during the Term of this Agreement maintain legal malpractice insurance in the amount of $300,000.00 per claim with a $900,000.00 aggregate limit. 6. CANCELLATION. The Agreement may be canceled by the City with or without cause at any time by written notice to Attorney. This Agreement may be canceled by the Attorney with or without cause upon ninety (90) days written notice to City. 7. SUBCONTRACTING ASSIGMENT. The Attorney shall not enter any subcontract for performance of any services contemplated under this Agreement without the prior written approval of the City and subject to such conditions, provisions, and approval as the City may deem necessary. 8. COMMUNICATION PLAN AND PERFORMANCE REVIEW. The Attorney agrees that it will meet upon request of and as needed with the City Administrator and Chief of Police to discuss current prosecuting issues. The Attorney agrees to meet quarterly with the Elk River City Administrator, Elk River Chief of Police or such other persons designated by the City Council to review the performance of Attorneys' work under this Agreement. 3 s/contracts/prosecting Atty Hawkins 012607 9. MISCELLANEOUS. A. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. B. Conflicts: Attorney shall not accept representation of any new clients that will constitute a conflict of interest with the City. C. Effective Date: This Agreement shall become effective as stated in Section 2. This Agreement shall not be modified or amended without the approval in writing of the City and Attorney. CITY OF ELK RIVER Dated: ,2007 By: Mayor By: City Clerk WILLIAM G. HAWKINS AND ASSOCIATES Dated: ,2007 By: William G. Hawkins 4 s/contracts/prosecting Atty Hawkins 012607