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CONSENT ITEM — 8C <br />lt <br />EN HILLS <br />11I I 9U [I] :L\ill 11111u l <br />DATE: August 28, 2023 <br />TO: Honorable Mayor and City Councilmembers <br />FROM: Dave Perrault, City Administrator <br />SUBJECT: Agreement for Legal Services — Prosecution <br />Budgeted Amount: Actual Amount: Funding Source: <br />$39,000 TBD Various Funds <br />Council Should Consider <br />Motions to approve, table, or deny the following: <br />• Agreement for legal services with Kelly and Lemmons to serve as the City's prosecuting <br />attorney. <br />Background <br />The City recently issued a Request for Proposals (RFP) for legal services, this included both civil <br />and prosecution services. The civil request is still ongoing; however, the City received only one <br />proposal for prosecution. The proposal was from its current prosecuting attorney, Kelly and <br />Lemmons. Kelly and Lemmons has been the City's prosecuting attorney in recent years and the <br />City has been satisfied with their services. Staff would recommend approving their new contract <br />effective January 1, 2024. <br />Budget Impact <br />The proposed contract bills the City at $100 per hour, which is a $10 increase over our current <br />contract of $90 per hour. While this is an increase in cost, it is difficult to ascertain actual budget <br />impact as it will depend on amount of prosecution services required. It should also be noted that <br />these costs are partially offset by the payment of fines, violations, DWI forfeitures, etc. related to <br />criminal prosecution. Staff does not anticipate an adverse effect on the 2024 budget due to the new <br />contract. <br />Attachments <br />Attachment A: Agreement for Legal Services - Prosecution <br />Page 1 of 1 <br />