HomeMy WebLinkAboutUntitled CONTRACT FOR CRIMINAL PROSECUTION LEGAL SERVICES
This Agreement is entered into by and between The City of Oak Park Heights
(hereinafter "City"), 14168 Oak Park Boulevard North, Oak Park Heights, MN 55082, and the
law firm of Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. (hereinafter "Law Firm"),
1809 Northwestern Avenue, Stillwater, MN 55082, for the purpose of utilizing the Law Firm to
provide legal services to the City.
RECITALS
1. That the City has previously retained the Law Firm to provide criminal
prosecution legal services.
2. That the criminal prosecution legal services the Law Firm provided were paid at
an hourly rate by the City to the Law Firm.
3. That the Law Firm submitted a proposal to the City to provide criminal
prosecution legal services on a retainer basis.
4. The annual retainer rates identified in the proposal submitted by the Law Firm are
as follows:
Year One (January 1, 2013 —December 31, 2013) $49,118.89/yr
Year Two (January 1, 2014—December 31, 2014) $50,592.46/yr ;.
Year Three (January 1, 2015 —December 31, 2015) $52,110.23/yr
Civil legal services and Criminal Appellate legal services will be billed at the rate
annually established between the City and the Law Firm for Civil Legal Services.
Expenses to be billed:
The City will reimburse the Law Firm for actual, necessary and reasonable costs
and expenses incurred by the Law Firm in the performance of the legal services
contained in this Agreement.
Copying $.20 per page
Faxes from Client: $0 per page
Faxes to Client: $.50 per page
No billings for local mileage
Long Distance Phone Charges - as incurred
Courier or Delivery Charges -as incurred
Process Server Fees - as incurred
Court Filing Fees - as incurred
Document Recording Fees - as incurred
Court Reporter Transcript fees - as incurred
NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained
herein and other good and sufficient consideration, the parties agree to the following:
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. Preparing gross misdemeanor and misdemeanor formal complaints to
establish probable cause and define charges;
b. Prepare and appear at arraignments, pretrial hearings, probation revocation
hearings, omnibus hearings, Rasmussen hearings, Florence hearings, court
trials, jury trials, bail motions, in-custody arraignments, expungement
hearings, motion hearings, sentencing hea ring, and any other hearings
relating to all prosecution matters as required by the Court;
c. Obtain certified documents necessary 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 intoxilyzers, criminal records or witnesses, taped
Miranda warnings, copy of 911 calls, copy of videotaped evidence, and
the like. Notices of hearings, trial dates, including changed of dates;
e. 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;
f Training and legal update for police officers and law enforcement
personnel as requested.
g. Prepare reports of prosecution activities as requested by City Council; and
h. Attend all special meetings or training sessions as requested by the police
department, Code enforcement personnel, or other City staff
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i. Pre-suit negotiations and document preparation vehicle forfeiture issues.
This agreement does not include:
j. Preparation 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:
2.1 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.
2.2 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.
3.1 Billing Format: The Law Firm will submit monthly statements, for
criminal prosecution legal services rendered for the prior month including
expenses incurred.
3.2 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.
3.3 City Approval: The City Council has approved the Law Firm's past
performance of prosecution related legal services. The Law Firm is
authorized to commence performing services on January 1, 2013.
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THE
CITY OF OAK PARK HEIGHTS ECKBER LAMMERS, BRIGGS,.
WOLF & VIERLING,
r
By /// A By
t. 1ayo ark Vierling
B j
Y'
f: City ' dministr.tor
Dated: , 2013 Dated: Lt• """b %) , 2013
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