ITEM 6.1 Legal Service Agreement4%,
Ty
Otsego
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Legal
City Attorney
November 25, 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Attorney
City Administrator/Finance Director Flaherty
6.1
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
X
Is a strong organization that is committed to leading the community through innovative
communication.
Yes
Has proactively expanded infrastructure to responsibly provide core services.
BACKGROU N D/J USTI FICATION:
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Campbell Knutson P.A. for City Attorney Services. City staff believes the attached agreement meets the
Is a social community with diverse housing, service options, and employment opportunities.
Notable components of the agreement include:
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends that the City Council approve an agreement for legal services.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROU N D/J USTI FICATION:
On October 28, 2019, City Council directed City Staff to negotiate an Agreement for Legal Services with
Campbell Knutson P.A. for City Attorney Services. City staff believes the attached agreement meets the
desired terms of the City Council and sets forth terms and conditions of legal representation.
Notable components of the agreement include:
- The agreement can be terminated at any time and without cause by resolution of the City Council.
- David Kendall and Soren Mattick are identified as specific attorneys representing the City.
- Specific office hours may be required at the discretion of the City Administrator.
- Requests for fee changes are required by June 30 the year proceeding the fee change.
- General civil municipal services will be billed at $165.00 per hour.
- Pass through legal services will be billed at $275.00 per hour.
- Attendance at City Council meetings will be billed at a flat rate of $300 per meeting.
The proposed Agreement has been reviewed and approved by the City staff. Attorney Kendall will be
present at the Council meeting on Monday.
SUPPORTING DOCUMENTS ATTACHED:
0 Agreement for Legal Services
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve an agreement for legal services between the City of Otsego and Campbell Knutson, P.A.,
to be effective January 1, 2020,
BUDGET INFORMATION
FUNDING:
BUDGETED:
Legal services are allocated to certain funds,
Yes
departments, projects or escrow accounts based on
the services being provided.
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF OTSEGO AND
CAMPBELL KNUTSON, Professional Association
THIS AGREEMENT is by and between the CITY OF OTSEGO, a Minnesota
municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a
Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertaldngs herein, the parties
hereto agree as follows:
1. SERVICES AND RELATIONSHIP.
A. The Attorney shall fiunish and perform general civil municipal services for
the City. Specific attorneys who will represent the City shall be David Kendall and Soren Mattick.
The Attorney may be required to establish specific office hours at the City at the discretion of the
City Administrator.
B. The Attorney shall be engaged as an independent contractor and not as a
City employee. The Attorney is free to contract with other entities.
A. The Attorney shall serve at the pleasure of the City Council and this
Agreement may be terminated without cause by resolution of the City Council.
B. The Attorney may terminate this Agreement at any time, provided that the
Attorney shall give the City thirty (3 0) days written notice before the termination becomes effective.
3. PAYMENT.
The Attorney will bill the City monthly. Payments for legal services provided the
City shall be made in the manner provided by law. The City will normally pay for services within
205397v1
thirty (30) days of receipt of a statement for services rendered. Fees and costs will be charged as set
forth in the attached Fee Schedule. The Fee Schedule may be amended from time to time by
agreement of the City and Attorney. Any requests for changes to the fee schedule for the next year
must be made by June 30 of the preceding year.
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to
protect Attorney against claims for legal malpractice.
5. ANNUAL REVIEW. The Attorney's performance may be reviewed annually or
more often as deemed appropriate by the City Administrator or City Council.
6. MISCELLANEOUS.
A. Governing Law. This Agreement shall be governed by the laws of the State
of Minnesota.
B. Assignment. The Attorney may not assign or refer any of the legal services
to be performed hereunder without the consent of the Otsego City Council.
C. Effective Date. This Agreement shall be effective January 1, 2020 and shall
continue indefinitely. This Agreement shall not be modified or amended without the approval in
writing of the parties.
Dated: , 20
CITY OF OTSEGO
IN
, Mayor
City Administrator
205397v1 2
Dated: , 20
CAMPBELL KNUTSON
Professional Association
David S. Kendall
FEESCHEDULE
A. General Civil Municipal: All Attorneys $165.00 per hour; Law Clerks and Legal
Assistants $90.00 per hour.
B. Pass-through Legal Services: All Attorneys $275.00 per hour and paralegal/legal
assistants currently ranging from $90.00 to $150.00 per hour, for legal services that are passed
through to third parties according to the City policies.
C. Meetings: Attorney attendance at City Council meetings shall be billed at a flat rate
of $300 per meeting. Attendance at all other meetings will be billed at the actual hourly rates listed
in Paragraph A above.
D. Minimum Billing Increment: The minimum billing increment for all services is
two-tenths (2/10) of an hour.
E. Cost: Out-of-pocket costs without mark-up. Costs include:
• Lexis/Nexis legal research
• recording fees and tract index search fees
• postage of 50¢ or more
• photocopies at 20¢ per copy
• color copies at 40¢ per copy
• litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
205397vl 3