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6.3. SR 10-06-2008REQUEST FOR ACTION To Item Number City Council 6.3. Agenda Section Meeting Date Prepared by Administration October 6, 2008 Lori Johnson, City Administrator Item Description Reviewed by Consider Agreement for Legal Services between the City of Elk River and Hawkins & Baumgartner, P.A. Reviewed by Action Requested Enter into an Agreement for Legal Services between the City of Elk River and Hawkins & Baumgartner, P.A. Background/Discussion On January 22, 2007, the City entered into an Agreement for Legal Services between the City of Elk River and William G. Hawkins & Associates, to provide prosecution services for the City. The Agreement required that the legal services provided be supervised by Mr. Hawkins with the majority of the work completed by or performed under the direction of Scott Baumgartner. We have been notified that Mr. Hawkins has retired; therefore, the Agreement between the City and William G. Hawkins & Associates needs to be changed to reflect the new firm name and transfer of supervision responsibilities to Mr. Baumgartner. The original Agreement had a term of January 26, 2007, to January 31, 2008, with automatic renewals for one year unless the agreement was cancelled as allowed by the Agreement. Police Chief Jeff Beahen has indicated that he would like to enter into a new Agreement for Legal Services between the City of Elk River and Hawkins & Baumgartner, P.A., to continue the services with Mr. Baumgartner under the same terms and conditions as the previous contract. The Agreement would continue until January 31, 2009, and automatically renew for one year unless the City chooses to cancel. Prior to the renewal, staff will determine if it would be advantageous to request proposals to reduce the cost of this service. If so, authorization to request proposals will be placed on a future agenda for Council approval. Financial Impact None Attachments Original Agreement for Legal Services between the City of Elk River and William G. Hawkins & Associates New Agreement for Legal Services between the City of Elk River and Hawkins & Baumgartner, P.A. S:ACouncil\Lori\2008\Legal Services Agreement 10 06 08.doc QCti011 Motion by Second by Vote Follow Up S:ACouncil\Lori\2008\Legal Services Agreement 10 O6 08.doc AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF ELK RIVER AND WILLIAM G. HAWKINS ND ASSOCIATES THIS AGREEMENT, effectivd day of , 2007, by and between the CITY OF ELK RIVER, a Minn a 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 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 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF ELK RIVER AND HAWKINS AND BAUMGARTNER, P.A. THIS AGREEMENT, effective day of , 2008, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation ("City") and Hawkins and Baumgartner, P.A., 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 Scott Baumgartner and will be provided by 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 October 7, 2008 to and including January 31, 2009 ("Term"), unless terminated earlier as provided in 1 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 .32¢ 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 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 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. D. Case Management: Attorney shall take steps that are not detrimental to the quality of prosecution services to minimize total overall costs to the City including, but not limited to, utilizing paralegals, or other staff instead of attorneys where feasible and working with County Administration, the County Attorney, and the Judiciary to attempt to streamline the City Prosecution process. CITY OF ELK RIVER Dated: , 2008 By: Mayor By: City Clerk HAWKINS AND BAUMGARTNER, P.A. Dated: , 2008 By: Scott Baumgartner 4