HomeMy WebLinkAbout2008-123 Council Resolution•
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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.
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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
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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.
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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.
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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
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cc: David J. Pecchia, Chief of Police