21-133 Approving Contract with the Firm Campbell Knutson to Provide Civil Legal Services to the CityCITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-133
A RESOLUTION APPROVING CONTRACT WITH THE FIRM CAMPBELL KNUTSON
TO PROVIDE CIVIL LEGAL SERVICES TO THE CITY
WHEREAS, the City of Council selected the firm Campbell Knutson to serve as the city
attorney; and,
WHEREAS, a draft contract has been reviewed and found consistent with the proposal
received in response to the city's Request for Proposal for Civil Legal services,
NOW THEREFORE BE IT RESOLVED by the Shorewood City Council that:
The City Council hereby approves the contract as presented and
authorizes the Mayor and City Clerk to sign on behalf of the city. The
contract shall become effective 12:00 a.m., January 1, 2022.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8tn day of November
2021.
Attest:- I �hL-
4
Sandie Thone, City Clerk
Agreement for General (Civil) Legal Services
Whereas, the City of Shorewood ("City"), a municipal corporation and statutory city under the
laws of the State of Minnesota and located within Hennepin County, desires to have certain
attorney services provided; and
Whereas, the City desires to have Jared Shepherd, in his capacity as an attorney with Campbell
Knutson, P.A., in conjunction with the firm of Campbell Knutson, P.A. ("Attorney") to serve as
city attorney;
Whereas, the parties desire to more specifically identify the duties and responsibilities of the
City and Attorney.
Now Therefore, it is hereby agreed that this document by and between the City and the
Attorney, shall be a binding obligation on behalf of the parties named.
L Term
This agreement shall be effective January 1, 2022 and shall continue indefinitely until either
party cancels the agreement in writing.
I1. Scope of Legal Services
General scope of services, the services required by the City include, but are not limited to, the
following:
• Attendance at all City Council meeting. Attendance at staff meetings. Attendance at
other meetings as requested.
• Review of municipal contracts as requested, including contracts for public improvements,
developments, joint powers agreements, construction, lease agreements, and the like.
• Representation of the City in the acquisition of properties for public improvements,
special assessment appeal, easements, parks.
• Review of all City Council and Planning Commission materials.
• Representation of the City in proceedings for public improvement projects.
• Representation of the City on economic development related issues as requested.
• Representation of the City in matters related to the enforcement of City Codes, including
building, subdivision, nuisance, and zoning codes.
• Defend the City in all litigation, except in those cases where insurance companies are
required to exclusively provide defense, or where the City chooses to hire specialized or
other legal services. The Attorney is responsible for monitoring and coordinating with the
selected representation.
• Review of legal issues in agenda items for City Council, Planning Commission or other
subsidiary commission meetings as requested.
• Review of draft ordinances, resolutions, development agreements and correspondence as
requested.
• Meeting and/or telephone conversations with and advising Mayor, Council members,
City Administrator, Department Heads and other staff on general legal matters.
• Research and submit legal opinions on legal matters requested by the City Administrator.
• Provide written and/or oral summaries to City Administrator of law changes affecting the
City, including recommending changes in operations or procedures to assure compliance.
• Available by phone and email to answer staff questions.
III. Fees
The Fees below represent the primary or general legal services rate and the special hourly rate
for services passed through to or reimbursed by third parties, including developers.
The yearly rates during the term of this agreement are as follows:
2022
General Hourly
$165
Rate/ Attorneys
General Hourly
$90
Rate/Assistants,
Law Clerks
Special Hourly
$300
Rate — Pass
Throu h/Attorne s
Special Hourly
$115
Rate — Pass
Through
Assistants
The Attorney will represent the City at the rate for general legal services on all routine matters
and all public improvement projects involving special assessments or improvements to private
property, litigation, arbitration, and appellate matters, except that the parties may mutually agree
to a higher rate based on the complexity of the matter.
The fees may be amended from time to time by written mutual agreement of the City and
Attorney.
Expenses to be reimbursed:
The actual cost of: express delivery, Westlaw and Lexis/Nexis charges, postage (over
$0.50).
Photocopies ($0.20/page), color copies ($0.40/page),
Mileage at the IRS rate, currently $0.59/mile for all travel except for travel to regularly
scheduled City Council meetings and City Council work sessions, which shall not be
reimbursed.
P
* For litigation, the actual cost of court filing fees, expert witnesses, acquisitions,
subpoenas, service of process, and miscellaneous litigations costs.
® All other filing, recording or miscellaneous litigation costs would be billed to the City at
their actual costs. No other charges, including for postage under $.50, would be billed to
the City. We will ensure that billing statements are provided in the format that meets the
City's needs.
Percent of an hour billed:
• .10, with the minimum billing increment of 0.2 of an hour for all services
IV. Responsible Attorney and Staff
Jared Shepherd shall be the primary attorney for the City. Shepherd shall be responsible for the
performance of this agreement, although he may be assisted by other attorneys or support staff in
the firm. Shepherd shall supervise all work performed on behalf of the City.
V. Assignment of Services and Agreement
The Attorney shall not assign any interest or obligation of this Agreement without the prior
written consent of the City Administrator.
VI. Insurance and Indemnification
Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of
this agreement.
VU. Termination
The parties understand that the Attorney serves at the pleasure of the Council. Upon termination
of this agreement, the City shall be responsible for any billings accrued prior to the date of
termination.
VIII. Acceptance
The terms of this agreement are hereby accepted and made binding upon and between the City of
Shorewood and Jared Shepherd, in his capacity as an attorney for Campbell Knutson, P.A., in
conjunction with the law firm of Campbell Knutson. P.A.
* * * Signature Page To Follow * * *
City of Shorewood
By:
Jenni er Labadie
Its: Mayor Date: i ! C 1 o I
owvasi(�l
Sandie Thone
Its: City Clerk 6
Date: 11 I D) `
Attorney
Date: ! q / Zif Lot
By:
Andrea McDowell Poehler
President
Date: /D/.?5/�01�