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Home My WebLink About2011-111 Council ResolutionO'Donnell Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -111 RESOLUTION AUTHORIZING EXECUTION OF ENGAGEMENT LETTER FOR CITY PROSECUTION SERVICES Whereas, the city council directed staff to request proposals for prosecution services for the city; and Whereas, the law firm of Geck, Duea & Olson, PLLS submitted the lowest cost proposal of $8,000 per month for prosecution services; and Whereas, the city council directed staff to engage the firm of Geck, Duea & Olson, PLLC 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 - - - • to - -cu an engagement • letter with the law firm of Geck, Duea and 0 Julia ne Bartell, Cit Cler Jeff Reine , ! . yor Adopted by the Lino Lakes City Council this 24th day of October, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council MemberRoeser and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Gallup, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Chief of Police COUNCIL MEETING DATE: October 24, 2011 TOPIC: Council Resolution No. 11 -111, Authorization to enter into a contract for prosecution services with Geck, Duea & Olson, PLLC ACTION REQUIRED: Simple Majority As part of 2012 City budgeting process Council directed staff to evaluate costs related to prosecution services for potential cost savings; Staff met with representatives from Sweeney, Murphy & Sweeney; Geck, Duea & Olson; and the Coon Rapids City Attorney. All three entities submitted proposals to Staff for consideration. Below is a table comparing the proposals: Vendor Prosecution Monthly 2012 Annual Cost Forfeiture * ACE ** 2013 Sweeney Murphy & Sweeney $ 9,000.00 $ 108,000.00 $ 100.00 included Geck Duea & Olson $ 8,000.00 $ 96,000.00 $ 100.00 included $ 96,000.00 City of Coon Rapids $ 8,250.00 $ 99,000.00 $ 80.00 50/50 split $102,000.00 * Any expenditures for work performed as part of forfeiture is billed to the appropriate forfeiture, not the City's General Fund. Sweeney and Olson hourly rate does not include any proceeds from the sale of forfeited property. City of Coon Rapids proposed an hourly rate plus 30% of any revenue from the sale of any forfeited property. ** Sweeny and Olson proposals include any citation dismissal paperwork related to ACE Program. City of Coon Rapids proposal offers Lino participation in CAP diversion program at 50/50 split of any revenues. RECOMMENDATION: Staff recommends approval of Resolution No. 11 -111 authorizing Geck, Duea & Olson, PLLC to serve as the prosecuting attorney for City of Lino Lakes. ATTACHMENTS 1. Council Resolution 11 -111 • 2. Geck, Duea & Olson Prosecution Services Proposal /Service Agreement • • PROSECUTION SERVICES PROPOSAL CITY OF LINO LAKES ROBB L. OLSON GECK DUEA & OLSON, PLLC 4770 WHITE BEAR PARKWAY, SUITE 100 WHITE BEAR LAKE, MN 55110 Ph. 651- 426 -1533 Fax 651- 426 -9501 Email: robbolson @gdolaw.com October 24, 2011 • • A. FIRM BACKGROUND 1. Brief History Geck Duea & Olson, PLLC, has operated as a professional limited liability company since July 1, 2010, when Robb Olson merged his practice with three other attorneys. Prior to that time, Robb L. Olson and Douglas B. Meslow were partners from 1996 until December of 2006, when Douglas Meslow was appointed as a district court judge in Anoka County, where he currently sits as a judge. Robb Olson has fifteen years experience as a criminal prosecutor for the cities of White Bear Lake and Gem Lake. Robb Olson also has an extensive background in a variety of civil matters, including estate planning and probate, business law, and family law. Our firm has represented a broad range of clients in Anoka, Ramsey, Washington, Chisago, Hennepin, and Dakota counties, as well as the Minnesota appellate courts. 2. Number of Attorneys We have four attorneys and one law clerk. Robb Olson is a partner in the firm. Greg Holly has recently become associated with the firm in an of counsel basis to assist with prosecution work. Greg Holly has considerable experience in the area of criminal law and criminal prosecution. The firm is seeking to expand its prosecution practice. Robb Olson would serve as the "lead attorney" for all work for the City of Lino Lakes, with assistance from Greg Holly. It is likely that a full -time associate with prosecution experience will be hired if we are awarded the Lino Lakes prosecution contract. 3. Support Personnel Luke McClure is our prosecution assistant. Luke McClure has a bachelor's degree in Criminal Justice from Metropolitan State University, and served as a Military Policeman in the United States Marine Corps. Luke has extensive experience preparing criminal complaints, interacting with court personnel, defense counsel and prosecution witnesses, and dealing with various police entities, including the Minnesota State Patrol Office. 4. Office Location The firm has a single office location near the 35E /Hwy 96 exit at 4770 White Bear Parkway, Suite 100, White Bear Lake, MN 55110. • • 5. Use of Technology. We are fully computerized with networked capabilities. We have up -to -date PC's running the latest version of Windows, and utilize the Microsoft Office products including Word and Excel. We use Outlook for calendaring of court dates and other tasks. We are a registered user with MNCIS, the Minnesota Court Information System, at the Odyssey Assistant level. We are seeking to expand our access to the record management systems of the police agencies we currently serve, and are limited only by the deficiencies of these systems. We subscribe to Westlaw, the leading computerized legal research service. We are quite proficient at transmitting and editing documents electronically, and are very comfortable with the use of scanning and email. We are capable of filing complaints and other paperwork electronically as the various district court administrators come on line with these programs. 6. Statement of Malpractice/Ethics Claims Neither Robb Olson nor the firm has received any malpractice claims and/or ethics complaints over the past five years. There are no actions pending or currently under review by the State Ethics Board. In addition, we are not aware of any matters that are likely to lead to the filing of a malpractice claim and/or ethics complaint. 7. Statement of 2011 billings For the calendar year 2011, prosecution work will comprise approximately 10 -15% of the firm's total billings, and comprises about 40% of Robb Olson's practice. 8. Malpractice Coverage The firm carries malpractice insurance through Minnesota Lawyers Mutual, with limits of liability of $1,000,000 per claim, and $3,000,000 aggregate. 9. Compliance with Federal and State Laws The firm complies with all Federal and State Laws respecting civil rights. • • • B. ATTORNEY QUALIFICATIONS ROBB L. OLSON EDUCATION: Law School University of Minnesota Law School, J.D., cum laude (1984) Undergraduate Oral Roberts University, Tulsa, OK, B.A., Theological and Historical Studies, magna cum laude (1981) EMPLOYMENT: U. S. Army (1975 -78) Attained rank of Specialist 5 in the Finance Corp. Fabyanske, Svoboda & Westra (1984 -88) Associate attorney, with practice focused primarily on construction, real estate and corporate law. Regal Plastic Products, Inc. (1988 -96) President /Part- Owner. Company had 85 employees, and was an $8 million supplier of precision plastic components to original equipment manufacturers such as 3M Company, Illinois Tool Works, and Alliant TechSystems. Meslow & Olson, PLLC (1996 -2007) Partner with practice focused on criminal prosecution, business law, estate planning and family law. Robb Olson Law Office, PLLC (2007 -2010 present) Served as City Prosecutor for cities of White Bear Lake and Gem Lake. Practice areas as outlined above. Geck Duea & Olson, PLLC (2010 to present) Partner, City Prosecutor for White Bear Lake and Gem Lake, also practice in areas of business law, estate planning and probate, and family law. OTHER: Lecturer, White Bear Lake Police Department training Minnesota State Bar Association Anoka County Bar Association • • • C. Past Vice President, White Bear Lake Basketball Association Member, White Bear Lake Area Rotary Club PERSONAL: Married with four adult children; resident of Lino Lakes. Activities include bicycling, exercise, ballroom dancing, family. Member of Eagle Brook Church. REFERENCES AND CLIENT CONTACTS City of White Bear Lake (1996 to Present) Tubman Family Alliance Mark Sather, City Manager Lynne Bankes, Police Chief Jennifer Dickinson, Advocate Michael Bromelkamp Accountant /partner Olsen, Thielen and Company, Ltd. D. RESPONSIBILITES TO CITY 651- 429 -8516 651- 429 -8551 651- 789 -6720 651- 621 -8546 As the City Prosecutor, we serve at the appointment and direction of the City Council. We are open to client input from the police department or city staff regarding the performance of our prosecution work on the City's behalf. As the prosecutor, however, we are bound by the code of ethics governing our profession to make an independent judgment regarding the prosecution of any particular matter, without regard to political concerns. E. CONFLICT OF INTEREST We do not believe that we have or currently represent any clients whose representation may conflict with our ability to provide legal services to the City of Lino Lakes. We do not currently represent any real estate developers. Should conflicts of interest arise on any prosecution matters, we have normally been able to resolve these cases by referring these matters to other prosecuting agencies at no additional cost to the City. F. FEES We propose charging a flat fee of $96,000.00 per year ($8,000 per month) for all prosecution services, with no hourly charges. There would be no additional charge for staff time, time spent with the ACE diversion program, or for periodic training sessions with the police department. If desired, for information purposes detailed monthly billing statements would reflect time spent in quarter -hour increments. In addition, all forfeiture services would be charged at $100.00 per hour for attorney time. The above rates shall be good for fiscal year 2012 and 2013 (two years). We would also charge for photocopying expense at the rate of $0.15 per page, but encourage the use of paperless handling of work as much as possible to reduce this cost. Copying costs will not exceed $3,600 per year, but are anticipated to be less. There would be no added charges for online research fees. The firm would advance and obtain additional reimbursement from the City for any out -of- pocket costs, such as filing fees, witness fees, service of process fees, couriers, and appeal costs. Respectfully submitted, Date: , 2011 • Geck Duea & Olson, PLLC Robb L. Olson ( #160775) 4770 White Bear Parkway, Suite 100 White Bear Lake, MN 55110 651- 426 -1533 The above proposal is hereby accepted by the City of Lino Lakes, and Robb Olson of the law firm Geck Duea & Olson, PLLC, is appointed as the City Prosecutor. Date: , 2011 Date: , 2011 • Jeff Reinert, Mayor John Swenson Public Safety Director /Chief of Police