HomeMy WebLinkAboutResolution 10169 - 2025/11/24RESOLUTION 10169
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING AN AMENDED AGREEMENT WITH H/J LAW FIRM TO
PROVIDE PROSECUTORIAL SERVICES FOR THE
CITY OF MOUNDS VIEW POLICE DEPARTMENT
WHEREAS, the City Council of Mounds View previously approved an agreement
in 2017 with H/J Law Firm to provide prosecutorial services on behalf of the Mounds
View Police Department; and
WHEREAS, H/J Law Firm continues to satisfy all criteria necessary to serve as
the prosecutorial representative for the City with their quality and professionalism; and
WHEREAS, City staff recommends an amendment to the agreement to reflect
updated compensation, as the original terms have remained unchanged since 2017;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View that the amended agreement with H/J Law Firm for prosecutorial services
is hereby approved, effective January 1, 2026, an annual rate as shown in Exhibit A.
BE IT FURTHER RESOLVED that the Mayor and City Administrator are hereby
authorized to execute the amended agreement on behalf of the City.
Adopted this 24th day of November, 2025.
ATTEST:
Nyle mund i inistrator
(SEAL':
EXHIBIT A
AGREEMENT FOR PROSECUTION SERVICES
BETWEEN
CITY OF MOUNDS VIEW
AND
HIJ LAW
This agreement effective January 1, 2026, by and between the City of Mounds View, 2401
Mounds View Boulevard, Mounds View, Minnesota 55112 (City), and HIJ Law, 1400 Van
Buren Street NE, Suite 200, Minneapolis, Minnesota 55413 (Prosecutor):
WHEREAS, the City needs an attorney licensed to practice law in Minnesota to advise
and represent City in municipal prosecutions; and
WHEREAS, the attorneys employed by the Prosecutor are licensed to practice law in
Minnesota and are experienced in and familiar with all phases of municipal prosecution and
desire to provide the prosecution services required by the City; and
WHEREAS, the parties hereto want to enter into a written agreement to set forth the
terms, conditions, compensation, duties, responsibilities and other matters relating to the
Prosecutor providing services to the City.
NOW, THEREFORE, it is agreed by and between the City and the Prosecutor that the
City does hereby retain and designate the Prosecutor as the Mounds View City Prosecutor,
effective January 1, 2026, and the Prosecutor does hereby accept the position of Mounds View
City Prosecutor and agrees to perform the requirements of that position, all on the terms and
conditions hereinafter set forth.
A. Services.
1. The Prosecutor hereby agrees to perform and furnish these legal services to the
City:
a. Appearing at all required court hearings, including arraignments, pretrial and
omnibus hearings, court trials, jury trials, sentencing hearings, probation
violation hearings, and other appearances for non -felony cases;
b. Assembling all required case files and providing timely discovery to criminal
defense attorneys and/or defendants;
c. Representing the City in appeals arising from non -felony prosecutions;
d. Charging non -felony cases;
e. Prosecuting forfeitures related to non -felony cases;
f. Prosecuting all City ordinance violations;
g. Working collaboratively with Tubman Family Alliance's domestic abuse
victim advocates;
h. Advising the City Council and staff on ordinance drafting, code enforcement,
and related matters;
i. Police training on a mutually -agreed upon basis with the Police Department;
j. Consulting with and advising Police Department command staff,
investigators, patrol officers, and administrative staff on all matters relating to
non -felony prosecutions. This includes being available by telephone to
consult with officers after business hours and on the weekends, as needed;
k. Attending all necessary meetings with City and Police Department staff,
1. Making reports, as requested, to the City Council regarding non -felony
prosecutions;
m. Speaking at City -related functions on criminal law -related topics; and
n. Complete any other duties and responsibilities necessary to effectively
prosecute the City's criminal, traffic, and ordinance violations.
B. Fees and Costs.
1. For all prosecution services, the City shall pay the Prosecutor a monthly retainer
fee of $6,500.00, subject to an annual limit of $78,000.00, plus out-of-pocket
expenses.
2. Monthly bills will identify and itemize any out-of-pocket expense, e.g., certified
document or witness subpoena fee.
C. Conflicts of Interest.
1. The Prosecutor will not represent any clients in legal actions involving Mounds
View or with interests adverse to those of Mounds View, including any units of
government having jurisdiction within or contiguous to Mounds View.
2. In the event that conflicts of interest arise in particular cases, e.g., City employees
charged with offenses in Mounds View, the Prosecutor agrees to refer those
matters at the City's expense to outside counsel for prosecution.
D. Insurance.
1. The Prosecutor will maintain malpractice insurance coverage for all attorneys
providing prosecution services to the City.
-2-
E. Term of Contract - Termination.
This contract between the City and the Prosecutor shall continue in full force and
effect until December 31, 2026, unless amended in writing by the mutual
agreement of the parties hereto or terminated in accordance with the conditions
hereinafter contained.
2. If the parties do not amend or terminate this contract as provided herein, it will
continue in full force and effect from year-to-year thereafter.
The City has the right to evaluate and terminate this contract at any time, with
advance notice to the Prosecutor.
4. The City may terminate this contract without advance notice in the event the
Prosecutor is guilty of malfeasance, nonfeasance, or misfeasance in office; has its
right to practice law in Minnesota suspended or disbarred; or is found guilty of a
felony.
The Prosecutor may terminate this contract without advance notice in the event
performance becomes impossible due to physical or mental impairment or
because continued performance of the contract would be contrary to law.
Executed this 241h day of November, 2025,
HIJ
K� ruri I�.( oseph
Attorney �� Law
am
CITY OF MOUNDS VIEW
Andstrom
ayor
Nyle rnund
City Adminis rator