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HomeMy WebLinkAbout2008-123 Council Resolution• • • Council Member Stoltz introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -123 RESOLUTION AUTHORIZING EXECUTION OF ENGAGEMENT LETTER FOR CITY PROSECUTION SERVICES Whereas, the city council directed staff to request proposals for legal services for the city; and Whereas, the law firm of Sweeney, Borer & Sweeney submitted the lowest cost proposal of $10,000 per month for prosecution services; and Whereas, the city council directed staff to engage the firm of Sweeney, Borer & Sweeney to provide prosecution services for the city; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the mayor and city administrator be authorized to execute an engagement letter with the law firm of Sweeney, Borer and S - - ney. John Berg on, ayor Jul' - ne Bartell, C. CI Adopted by the Lino Lakes City Council this 13th day of October, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member jai i lip and upon vote being taken thereon, the following voted in favor thereof: Stoltz, Gallup, O'Donnell, Reinert, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM 1.E STAFF ORIGINATOR: Gordon Heitke MEETING DATE: October 13, 2008 TOPIC: Prosecution Legal Services Engagement Letter VOTE REQUIRED: 3/5 BACKGROUND The City Council directed staff to request proposals for legal services for the City. Proposals for prosecution services were reviewed by the City Council at its work session of August 4, 2008. The firm of Sweeney, Borer & Sweeney submitted the low proposal at a cost of $10,000 per month. The Council directed staff to engage Sweeney, Borer & Sweeney to provide prosecution services for the City. Attached is an engagement letter setting forth conditions consistent with the proposal requirements. 41/ RECOMMENDATION Approve Resolution No. 171, Authorizing Execution of Engagement Letter for City Prosecution Services. ATTACHMENTS 1. Engagement Letter — City Attorney Prosecution Services • • • Sweeney, Borer & Sweeney Thomas M. Sweeney Professional Association George F. Borer Attorneys at Law Telephone Patrick J. Sweeney Blacktern Professional Building (651) 222 -2541 Robin D. Tomney 3250 Rice Street Facsimile Joseph J. Murphy Little Canada, MN 55126 (651) 223 -5289 September 4, 2008 Mr. Gordon Heitke City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Engagement Letter — City Attorney Prosecution Services Dear Mr. Heitke: I write this letter to confirm our acceptance of the City's selection of our firm as its City Attorney for prosecution services, and the terms of our engagement with Lino Lakes. 1. Services, Term. Our firm will provide the following services as City Attorney for Lino Lakes for a period of five (5) years from October 1, 2008: Prosecution Services (a) Represent and prosecute all criminal law matters within the City's jurisdiction that are not the responsibility of the County Attorney, included, but not limited to, attendance at all Court appearances as scheduled by the Anoka County District Court, scheduling and coordinating of officer appearances, reviewing all criminal cases presented for purposes of prosecution, determine technical compliance with criminal code and other state statutes, writing complaints, making recommendations to the Court for alternatives to prosecution where appropriate, act as a resource to the City's law enforcement agency in development of criminal cases, and provide training sessions for law enforcement staff as needed. (b) Timely pursuit of disposition of criminal cases in advance of actual Court hearing dates to avoid unnecessary officer court time. • • Mr. Gordon Heitke September 4, 2008 Page Two (c) As requested, provide reports to the police department summarizing the prosecution activities /dispositions conducted on behalf of the City. 2. Compensation. Sweeney, Borer & Sweeney will submit monthly billing statements for the Prosecution Services it provides to Lino Lakes under this Agreement. Sweeney, Borer & Sweeney will submit separate billing statements for the handling of forfeiture and other matters 011 behalf of the City. Our compensation for the above services will be as follows: (a) For the prosecution services defined above, Sweeney, Borer & Sweeney will charge Lino Lakes $10,000.00 per month. (b) For the handling of forfeiture matters, Sweeney, Borer & Sweeney will charge Lino Lakes at the rate of $105.00 per hour for attorneys and $52.50 per hour for legal assistants. (c) For the handling of other matters, such as drafting of ordinances on an as requested basis, Sweeney, Borer & Sweeney will charge Lino Lakes at the rate of $135.00 per hour for attorney time. (d) In addition, Sweeney, Borer & Sweeney may incur various expenses in providing services to Lino Lakes. Lino Lakes shall reimburse Sweeney, Borer & Sweeney for all out -of- pocket expenses. We have agreed to the following rates for common reimbursable expenses: Photocopies: $0.25 per page Facsimile: $0.25 per page Postage: Current postage rates Long Distance: As incurred Other costs incurred in providing services (e.g. service of process, subpoena fees) will be submitted for reimbursement with each month's billing statement without markup. (e) Following the initial one year of this contract, Lino Lakes agrees to annual two percent (2 %) increases in Sweeney, Borer & Sweeney rates, with such annual adjustments to occur on October 1 of each year. • Mr. Gordon Heitke September 4, 2008 Page Three (f) Should either party determine that a "major change" in the terms and conditions of this Agreement has occurred (e.g. significant increase in criminal caseload, rise in costs beyond inflation), the parties agree to meet to discuss re- negotiation of the Agreement. The party desiring re- negotiation shall notify the other party of the "major change" it believes has occurred, and of its desire to re- negotiate, in writing. The parties will then seek to meet and confer within 30 days of the notice. 3. Termination. Prior to the expiration of this Agreement's stated term, the parties may terminate this Agreement upon sixty (60) days written notice by either party. Upon the termination of representation, all files and records relevant to this representation will be available to Lino Lakes for removal. 4. Miscellaneous. Sweeney, Borer & Sweeney reserves the right to store file materials in a professional manner and for a professionally acceptable period of time. Such storage may include the use of commercial storage facilities. No modification of this Agreement shall be valid unless it is in writing and signed by both parties. The representatives of Lino Lakes signing below have read and understand this Agreement. Once again, we would like to thank you for selecting our firm and we look forward to • building a strong working relationship with Lino Lakes. Respectfully yours, SWEENEY, BORER & SWEENEY Patrick J. Sweeney Accepted on behalf of Lino Lakes: Gordon Heitke, City Administrator John Bergeson, Mayor • PJS:jnb cc: David J. Pecchia, Chief of Police