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HomeMy WebLinkAbout5F, Prosecution Services -A EN HILLS Request for Council Action 5F Prepared By: Patrick Klaers, City Administrator Council Meeting Date: October 8,2012 Prosecution Services Budgeted Amount: Actual Amount: Funding Source: Recommendation: Motion to accept the Prosecution Services letter dated September 21, 2012, form Kelly&Lemmons. Supporting Documents: 1. Memorandum dated October 8, 2012, from Patrick Klaers, City Administrator. 2. Prosecution Services letter dated September 21, 2012, from Kelly&Lemmons lt EN HILLS MEMORANDUM DATE: October 8, 2012 TO: Honorable Mayor and City Council Members FROM: Patrick Klaers, City Administrator SUBJECT: Prosecution Services Background In August 2012, City Attorney Jerry Filla changed law firms. Jerry moved from the Peterson Fram& Bergman law firm to the Kelly & Lemmons law firm. With this change, staff requested a letter of understanding regarding Prosecution Services from Kelly& Lemmons in order to document our relationship. This letter dated September 21, 2012, from Patrick Kelly is attached for your review and consideration. The letter includes a statement about the services being provided by way of an At Will Agreement. The City Council was briefly updated on this letter of understanding at the September 24, 2012, work session. Staff has met or talked with all of the attorneys at the Kelly & Lemmons law firm and supports the continued use of this law firm for Prosecution Services as outlined in the attached letter. Recommendation It is recommended that the City Council accept the Prosecution Services letter dated September 21, 2012, from Kelly& Lemmons. i Kelly & Lemmons, P.A. A T T O R N E Y S AT L A W •Patrick J. Kelly pkelly@kellyandlemmons.com Licensed in Minnesota and Wisconsin September 21, 2012 Mr. Patrick Klaers City Administrator City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 VIA E-Mail RE: Prosecution Services Dear Mr. Klaers: Per our conversation on September 14, 2012, I write this letter to confirm our conversation to complete the City's prosecution work as we discussed. We will represent the City as follows: Prosecution Services 1. Represent and prosecute all criminal law matters within the City's jurisdiction that are not the responsibility of the County Attorney, includes but not limited to attendance at arraignments as scheduled by the Ramsey County District Court, scheduling and coordinating of officer appearances, reviewing all criminal cases presented for purposes of prosecution, determine technical compliance with criminal code and other state statutes, writing complaints, making recommendations to the Court for alternatives to prosecution where appropriate, act as a resource to the City's law enforcement agency in the development of criminal cases, and provide training sessions for law enforcement staff as needed. 2. Timely pursuit of disposition of criminal cases in advance of actual Court cases to avoid unnecessary officer court time. 3. Provide a monthly update meeting with you,at your office, at your convenience. 4. Kelly & Lemmons, will submit monthly billing statements for the services it provides to Arden Hills under this Agreement. We will review bill carefully to 7300 HUDSON BOULEVARD NORTH,SUITE 200 . SAINT PAUL,MINNESOTA 55128 TELEPHONE 651-224-3781 . FACSIMILE 651-223-8019 www.kellyandlemmons.com Mr. Patrick Klaers September 21, 2012 Arden Hills Prosecution Proposal Letter Page 2 assure there are no charges pertaining to any other city on the Arden Hills billing statement. Our firm tracks and bills its time in quarter-hour increments. We will send detailed billing statements which reflect the date, time billed, person performing the work, description of the work performed, and the line item amount. 5. Our compensation for the above services will be as follows: a. For work on prosecution matters, including civil property forfeitures under the criminal codes, Kelly&Lemmons, P.A. will charge an hourly rate of$75.00 per hour for work performed by attorneys, and a rate of $50.00 per hour for work performed by law clerks or paralegals. b. Kelly & Lemmons, P.A. may incur various expense in providing services on behalf of Arden Hills. The City shall reimburse Kelly & Lemmons, P.A. for all out-of-pocket expenses. We have agreed to the following rates for common reimbursable expenses: Photocopies: $.20 per page. Facsimile: $1.00 per page. Postage: current postage rates. Long Distance: As incurred. c. Other costs incurred in providing services (e.g. service of process, subpoena fees) will be submitted for reimbursement with each month's billing statement without markup. 6. This would be an At Will Agreement. Upon termination of representation, all files and records relevant to this representation would be made available to Arden Hills for removal. In the event Arden Hills does remove said records and files, Kelly&Lemmons, P.A. shall have the right to copy the file in its entirety with the cost of said copying to be borne by Arden Hills. Arden Hills also agrees to compensate Kelly & Lemmons, P.A. for up to thirty (30) days following termination of the agreement for reasonable time and reimbursable expenses incurred in transitioning work in progress to a successor counsel. 7. Kelly & Lemmons, P.A. would reserves the right to store file materials in a professional manner, after a period of Ten (10) years, Kelly & Lemmons will shred said records. Storage of said documents may include the use of commercial storage facilities. Arden Hills further agrees to pay any reasonable cost incurred by Kelly & Lemmons, P.A. in the recovery and re-filing of said 7300 HUDSON BOULEVARD NORTH,SUITE 200 • SAINT PAUL,MINNESOTA 55128 TELEPHONE 651-224-3781 . FACSIMILE 651-223-8019 www.kellyandlemmons.com Mr. Patrick Klaers September 21, 2012 Arden Hills Prosecution Proposal Letter Page 3 file materials, should that be necessary. Such costs may include, but are not limited to, service fees charged by commercial storage vendors. 8. No modification of this Agreement would be valid unless it is in writing and signed by both parties. 9. Please be advised that Kevin Beck and Joseph Kelly are transitioning to be the primary prosecutors for the City of Arden Hills. Thank you for allowing us to submit this confirmation for handling your City's prosecution work. If you have any questions regarding the terms of this proposal, please contact me. As always, it is a pleasure working with you and we look forward to serving you in the future. Respectfully yours, KELLY & LEMMONS, P.A. /S/ Patrick J. Kelly PJK/cmh 7300 HUDSON BOULEVARD NORTH,SUITE 200 • SAINT PAUL,MINNESOTA 55128 TELEPHONE 651-224-3781 . FACSIMILE 651-223-8019 www.kellyandlemmons.com