HomeMy WebLinkAbout#03 - Prosecution ContractDATE: November 3, 2021
CONSENT
AGENDA ITEM: Prosecution Contract with Eckberg Lammers
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: At the October 12th work session council interviewed firms for city prosecution services. Direction
was given to staff to bring back a contract with Eckberg Lammers. ISSUE BEFORE COUNCIL: Should the council approve the contract with Eckberg Lammers?
PROPOSAL: A copy of the proposed contract is included in your packet and covers the items in Eckberg’s proposal with a couple of changes. There is change to the term of the contract and fees. The fees were reduced in exchange for an additional year. Eckberg would begin services on January 1,
2022.
FISCAL IMPACT: The proposed retainer for years 2022-2026 are: Year One (January 1, 2022 – December 31, 2022) $48,000 per year, $4,000.00 per month Year Two (January 1, 2023 – December 31, 2023) $49,200 per year, $4,100.00 per month
Year Three (January 1, 2024 – December 31, 2024) $50,430 per year, $4,202.50 per month Year Four (January 1, 2025 – December 31, 2025) $51,690 per year, $4,307.50 per month Year Five (January 1, 2026 – December 31, 2026) $52,983 per year, $4,415.25 per month
OPTIONS: 1) Approve the contract for criminal prosecution legal services with Eckberg Lammers. 2) Amend and then approve the contract for criminal prosecution legal services with Eckberg Lammers. 3) Do not approve the contract for criminal prosecution legal services with Eckberg Lammers.
4)
RECOMMENDATION: If removed from the consent agenda: “Motion to approve the contract for criminal prosecution legal services with Eckberg Lammers.”
ATTACHMENTS:
• Eckberg Lammers Contract
CONTRACT FOR CRIMINAL PROSECUTION LEGAL SERVICES
This Agreement is entered into by and between The City of Lake Elmo (hereinafter “City”), 3800 Laverne Avenue North, Lake Elmo, MN 55042, and the law firm of Eckberg Lammers, P.C. (hereinafter “Law Firm”), for the purpose of utilizing the Law Firm to provide legal services to the City.
I. RECITALS 1. Compensation: The total compensation shall be as follows:
Year One (January 1, 2022 – December 31, 2022) $48,000 per year, $4,000.00 per month
Year Two (January 1, 2023 – December 31, 2023) $49,200 per year, $4,100.00 per month Year Three (January 1, 2024 – December 31, 2024) $50,430 per year, $4,202.50 per month Year Four (January 1, 2025 – December 31, 2025) $51,690 per year, $4,307.50 per month Year Five (January 1, 2026 – December 31, 2026) $52,983 per year, $4,415.25 per month
NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained herein and other good and sufficient consideration, the parties agree to the following:
II. TERMS
1. Scope and Nature of Retainer Prosecution Services: The parties agree to the following description of the nature of the legal services to be provided by the Law Firm to the City:
a. Prosecute petty misdemeanor violations, and misdemeanor and gross misdemeanor criminal cases, including violations of city code to be criminally prosecuted;
b. Preparing gross misdemeanor and misdemeanor formal complaints to
establish probable cause and define charges, including violations of city code to be criminally prosecuted; b. Prepare and appear at arraignments, pretrial hearings, probation revocation
hearings, omnibus hearings, Rasmussen hearings, Florence hearings, court
trials, jury trials, bail motions, expungement hearings, motion hearings, and sentencings as required; c. Obtain certified documents required for criminal prosecution, including
subpoenas, drivers’ records, motor vehicle records, prior convictions,
orders for prosecution, bank records, police reports, transcripts from prior hearings, plea petitions from prior hearings, and other information that may be required for prosecution as required;
d. Comply with all discovery requests from defendants, including gathering
records with regard to chemical tests, criminal records or witnesses, taped
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Miranda warnings, copy of 911 calls, copy of videotaped evidence, and
the like. Notices of hearings, trial dates, including changed of dates;
e. Comply with victims’ rights obligations under Minnesota statute 611A for all misdemeanor and gross misdemeanor offenses prosecuted by the Law Firm;
f. Maintain communication with involved agencies including law enforcement agencies, courts, Minnesota correctional facilities, victim/witnesses, defendants/defense attorneys, social workers, child protection personnel, psychiatrists, victim advocate representatives,
hospitals, banks, insurance companies, probation officers, Bureau of
Criminal Apprehension, Tubman Family Alliance personnel as required; g. Training and legal updates for police officers as requested, and city personnel as requested and related to criminal code enforcement.
h. Prepare complaints, notices, orders, settlement agreements and other pleadings related to vehicle forfeitures, and attend all necessary court appearances regarding the same.
2. Conflict of Interest and Attorney/Client Privilege Issues: a. Conflict of Interest: The Law Firm will notify the City if the Law Firm represents or has ever represented an opposing party in a legal matter,
whether within or outside of any of the retainers.
b. Attorney/Client Privilege: The Law Firm is authorized to utilize e-mail without encryption to transmit and receive confidential client information. While digital cordless and cellular telephones within a digital service area
would be best to be used to transmit and receive confidential client
information and may be used by the Law Firm to transmit and receive confidential client information, the City specifically acknowledges that it understands the confidentiality risks associated with inadvertent interception.
3. Prosecution Services Billing Format, Cycle, Payment Expectations and Interests. a. Billing Format: The Law Firm will submit monthly billing statements,
for the monthly retainer amount.
b. Payment Expectations: The City will pay the bill of the Law Firm routinely according to its internal payment procedures by forwarding a check to the Law Firm paying for both legal services and expenses shown
on the Law Firm’s bill.
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c. City Approval: The Law Firm is authorized to commence performing
services on January 1, 2022.
d. Work Product: Pursuant to Rule 1.16(d) of the Minnesota Rules of Professional Responsibility, upon termination of the professional relationship all retained records, information and materials prepared or
developed in connection with the services provided shall be provided to
the City. e. Expenses: The City will reimburse the Law Firm for the actual, necessary and reasonable costs and expenses incurred by the Law Firm in the
performance of the legal services contained in this Agreement. These
costs and expenses include but are not limited to:
Courier or Delivery Charges
Process Server Fees
Court Filing Fees
Document Recording & Closing Fees
Court Reporter Transcription Fees f. Insurance: The Law Firm shall maintain professional liability
(malpractice) insurance at a minimum coverage level of $3,000,000 per
claim, and $5,000,000 annual aggregate. The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement and the Law Firm shall maintain such
insurance for a period of at least three (3) years following completion of
the services. If such insurance is discontinued, extended reporting period coverage must be obtained by the Law Firm to fulfill this requirement. g. Disputes: In the event that the City disputes any aspect of the Law Firm’s
bill, the appropriate City representative will contact Thomas J. Weidner at
the Law Firm stating the nature of the dispute. Any unresolved disputes, controversies or claims arising out of this Agreement shall be heard in state or federal courts of Minnesota, and all parties to the Agreement waive any objection to the jurisdiction of these courts.
h. Indemnification: The Law Firm agrees to indemnify the City, and its officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities that may be asserted or claimed by any person or entity arising
out of or in connection with the services of the Law Firm provided for herein or arising from the Law Firm’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the negligence or willful
misconduct of the City or its officials, employees or agents.
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4. Term of Agreement and Contacts. a. Term: The term of this Agreement will be from January 1, 2022 to December 31, 2026. 1. During the term of the Agreement, either party may terminate the
Agreement upon 60 calendar days written notice to the other party.
2. The parties agree to mutually evaluate the usage of legal services during the prior year of this Contract in order to evaluate usage and identify areas where modification(s) in the parties’ relationship
may be mutually beneficial.
b. Authorized Contact Person: Thomas Weidner will act as lead prosecutor for the City. Joe Van Thomme will act as the alternate prosecutors in the absence or unavailability of the lead attorney. However, the parties
contemplate that other attorneys in the Law Firm may also be providing
services to the City, always subject to advance approval by the City. Should the lead prosecutor retire, leave the Law Firm, or be unable to perform the duties of lead prosecutor identified in this contract for any
reason, a substitute lead prosecutor shall be identified and mutually agreed
upon by the parties to this contract. It is anticipated by the parties that if the lead prosecutor retires from the Law Firm or discontinues providing prosecution services on behalf of the Law Firm, that as much advance notice as possible shall be provided to the City in anticipation of said
retirement or discontinuation to allow for an orderly transition of lead
prosecutor identified in the contract. At least six months’ notice is desired if possible for said transition. c. City Approval: The Law Firm is authorized to commence performing
services under this contract on January 1, 2022.
THE CITY OF LAKE ELMO ECKBERG LAMMERS, P.C.
By: _____________________________ By: ______________________________ Its Mayor City Prosecutor, Thomas Weidner
By: _____________________________ Its City Administrator
Dated: ______________________, 2021 Dated: ______________________, 2021