CR 03-186 Approve City Attorney Rates
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December 7 2, 2003 ti o ~ ~ ~ ~, s Council Report 2003-186
Approve City Attorney Rates and Charges
Proposed Action
Staff recommends adoption of the following motion: Move to approve the schedule of
rates and charges as proposed by Miller, Steiner & Curtiss fMSC) for 2004-2005 with
the conditions as proposed.
Adoption of this motion will set the rates for civil, prosecution, and third-party legal work
far the City of Hopkins.
Overview
The City Attorney's office is proposing new rates and charges for 2004 and 2005. Rates
are reviewed every year and set by Council action.
Staff has reviewed the proposal and found the rates and charges to be competitive with
those of other cities, Additionally, the staff finds the relationship and work product of the
firm to be excellent.
Staff recommends the City Council approve the rates and charges with conditions in
this report.
Primary Issues to Consider
• What are the proposed rates and charges?
• What are the staff recommended conditions?
Supporting Information
• Staff analysis of issues
• Legal Services Proposal, Miller, Steiner & Curtiss, November 20,2003
• Hourly rate comparison
Steven C Mielke
City Manager
Financial Impact: $ 71,000_ Budgeted: YIN Yes Source: General Fund
Related Dacutnents (CIP, ERP, etc.):
Notes: $5,000 -other funds
Council Report 97-
Page 2
Staff analysis of issues:
+ What are the proposed rates and charges?
CIVIL:
MSC is proposing an increase in rates for civil legal work. They propose a partner
attorney rate of $105 per hour for 2004 and $110 per hour for 2005. This compares to a
current rate of $95 per hour. The current rate has been in effect since January 2001.
They propose to maintain the associate attorney and paralegal rates at current rates of
$95 per hour for the associate attorney and $42 per hour for the paralegal.
Staff has researched other cities and found the rates to be below those of most of those
surveyed.
PROSECUTION:
MSC current rate for prosecution services are $82.50 per hour far attorney time and
$42 per hour for paralegal services. These rates have been in effect since January
2001. They are proposing no change in these rates.
• THIRD PARTY:
MSC is proposing that work done under direction of the City that is eligible to be billed
to others (third party} be bilied at rates that are comparable to private party work. The
amount and rate for this work will be agreed to between the City and the Third Party,
after consultation with MSC.
+ What are the staff recommended conditions?
1. Staff is recommending that an annual review be conducted mid-year to discuss
any issues relative to the provision of legal services by MSC and to review rates
and charges for the ensuing budget year.
2. MSC will not incur expenses for seminars, conferences, or other similar
expenses without the consent of the City in advance.
3. MSC will purchase and maintain sufficient insurance to protect MSC and it's
attorneys against claims for malpractice.
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MILLER, STEINER &CURTISS, P.A.
ATTORNEYS AT LAW
400 WELLS FARGO BANK BUILDING
1Q1 i FIRST STREET SOL]TH
HOPKINS, MN 55343
JERRE A. MILLER
JEREMY S. STEINER*
WYNN CURTISS (952) 935-7635
KIRSTEN A. HOLSETH FAX (952} 43$-7670
"Real Property Law Specialist, certified
by the ivtinnesota State Bar Association
Writer's Direct Dial No. 952-253-0071
November 20, 2003
The Honorable Eugene Maxwell, Hopkins Mayor
Council Member Rick Brausen
Council Member Karen Jensen
Council Member Diane Johnson
Council Member Bruce Rowan
Re: Legal Services
Dear Mayor and Council Members:
The purpose of this letter is to outline the terms and conditions under which Miller, Steiner &
Curtiss, P.A. ("MSC") will continue to act as City Attorney and provide legal services to the City
of Hopkins ("City")
CIVIL LEGAL SERVICES.
MSC has served as City Attorney, appointed by the City Council, to advise the City on legal
matters, for many years. In this capacity, MSC provides all civil legal serviccs (the "Civil
Services") required by the City, except those legal services that are from tithe to time provided to
the City by the Minnesota League of Cities Insurance Trust or specialized legal services, such as
counsel to assist with public financing. At this time, the Civil Services are provided by each of
MSC's three partners and one associate attorney, but effective December 1, 2003, Mr. Miller will
be retired and will no longer provide any legal services to the City.
The Civil Services include, but are not limited to, attending regular and special City Council
meetings and such other meetings of the Hopkins City Council, the Hopkins Planning and
Zoning Commission and such other City committees and commissions as City staff and elected
officials deem necessary and appropriate. The Civil Services also includes representing the
Hopkins Housing and Redevelopment Authority.
The Civil Services also include: advising City staff and elected officials in the conduct of various
City functions, including review and drafting of ordinances, City Council resolutions, contracts,
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easements, property development agreements and other similar types of documents; researching
and reporting to City staff regarding legal questions related to City functions; and representing
the City rn various types of litigation, including representation of the Hopkins Housing and
Redevelopment Authority at eviction hearings.
Since January 1, 2001, MSC's fees for providing the Civil Services have been $95.00 an hour for
attorney time and $42.00 an hour far paralegal time. On occasion, third parties reimburse the
City for Civil Services at rates negotiated between the City and the third party, which may be
higher than the normal rates charged for Civil Services. All costs incurred by MSC, such as
filing fees for legal documents, costs to serve legal documents and other similar costs, are billed
to the City at cost each month.
MSC proposes to increase its fee for attorney services provided by the partners to $105.00 an
hour effective January 1, 2004, and $l 10.00 an hour effective January 1, 2005. Increases in those
hourly rates after December 31, 2005, will be subject to City Council approval. However, the
fees for associate attorney time and paralegal time would remain at the current rates.
PROSECUTION SERVICES.
MSC provides prosecution services required to prosecute the criminal offenses for which the
City is responsible (the "Prosecution Services"), including enforcement of Hopkins' code of
ordinances. At this time, the personnel providing such services include a partner, who has
provided prosecution services for more than 14 years, and an associate attorney and paralegal
under the partner's direct supervision.
The Prosecution Services provided include, but are not limited to, reviewing police reports,
preparing criminal complaints, processing DUI forfeiture cases, responding to requests for legal
opinions from the Police Department and other City departments with enforcement
responsibilities, preparing all administrative and legal documents required by the Court and
attending all court appearances at the Ridgedale Courthouse and the Hennepin County
Government Center, including arraignments, pre-trials, evidentiary hearings, jury trials,
sentencings, probation violation hearings, expungement hearings and property forfeiture
hearings in DUI cases. MSC also prepares any appeals or responses to appeals arising from
criminal cases. In addition, to the extent desired by the City, MSC provides such legal advice
and training regarding criminal law to the Hopkins police department and such other of the City'
departments as have law enforcement and code enforcement responsibilities.
All personnel providing the Prosecution Services are MSC employees and MSC is responsible
for all employment matters related to these employees, including employee benefits, workers'
compensation, unemployment compensation and professional liability coverages. Upon the
occasions when a conflict of interest might exist regarding a particular prosecution, MSC may
subcontract for assistance from attorneys who are not MSC employees. MSC will provide the
identities of these individuals to the City when such a conflict referral is made.
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To provide the Prosecution Services, MSC receives from the City, without charge, all
information, data, and reports necessary for the prosecution services, including police reports
and arrest records. MSC agrees to maintain the confidentiality and privacy of documents that the
City provides, in accordance with the Minnesota Government Data Practices Act.
Since January 1, 2001, MSC's fees for providing the services have been $82.50 an hour for
attorney time and $42.00 for paralegal time. All costs incurred by our office, such as costs for
certified copies of driving records, costs to serve witness subpoenas and other similar costs, are
billed to the City at cost each month. At this time, we are not proposing an increase in either or
these rates.
GENERAL
The appointment of MSC as City Attorney will remain in effect indefinitely, subject to review at
the discretion of the City Council.
It is expected we will meet annually in June or July with the City Council, City Manager, Chief
of Police and such other members of the City staff as the City wishes, at which time the parties
will review and discuss any issues related to MSC's provision of legal services, including any
proposed changes in our hourly fees.
Invoices for legal services and costs are submitted monthly and payment of those invoices is due
to MSC within 30 days of submission of each invoice. MSC will not incur expenses for any
seminars, conventions or other similar events related to the Legal Services unless the expenses
are approved in advance by the City.
In its capacity as City Attorney, MSC represent the City through its elected officials and their
designated representatives. MSC does not represent individual elected officials, appointees or
employees of the City.
MSC values its long-standing relationship with the City and intends to continue to provide the
City with cast effective, quality Iegal services. It has been MSC's privilege and pleasure to
provide these legal services and it is our continued desire to do so. We look forward to meeting
with you to review this letter and respond to any questions you might have.
Sincerely,
"Y7 ~ ~
eremy Ste r Wynn Curtiss
cc: Steve Mielke
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Hourly Rates
city Ci~ii
Hopkins Attorney: $105 - 2004
Attorney: $110 - 2005
Paralegal: $42 -2004-05
Prosecution
Attorney: $82.50
Paralegal: $42
Dayton $7251month retainer $1,7001month retainer
St. Anthony $S,OOOImonth
New I-lope $99 $99
Maple Grove $100 - 115 $100-115
Saint Louis Park $115-$135
(Knutson,Campbeli serves SLP and 19 other cities. All are in this range.)
3rd Party
Current Private Rates
Hourly, billed to developer
$185
$175-225
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