Loading...
HomeMy WebLinkAbout6A. Prosecuting Services AgreementRequest for Council Action TO: Joint Committee THROUGH: Mike McGuire, Interim City Administrator FROM: Chief Andy Bohlen MEETING DATE: January 8, 2013 SUBJECT: Requested action - Authorize City Attorney contract for Kurt S. Fischer for 2013 -2014. Background: Attached is a copy of the 2013 -2014 professional contract submitted by Attorney Kurt S. Fischer for legal representation for prosecutorial services for all misdemeanor and specific gross misdemeanor criminal offenses charged out by the Faribault Police Department. Attorney Fischer is requesting a pay increase for 2013 and 2014 and is requesting this be brought to the Joint Committee for discussion. He has been informed that other contracted city attorney's have not been authorized a pay increase for 2013 as the budget has already been established. Attorney Fischer has been advised that the budget for 2014 has yet to be finalized. Recommendation: Approve the 2013 -2014 Criminal Prosecution Services Contract. Attachments: • 2013 -2014 Criminal Prosecution Services Contract RETAINER AGREEMENT FOR CRIMINAL PROSECUTION SERVICES THIS AGREEMENT is entered into this day of , 201, by and between the City of Faribault, Minnesota, hereinafter the "City ", and Kurt S. Fischer, Attorney at Law, hereinafter the "Attorney ", for the provision of criminal prosecution services to the City by the Attorney. The terms and conditions of this Agreement are as follows: 1. RETAINER. The City hereby retains and appoints the Attorney to have charge of and represent the City in criminal prosecutions from January 1, 2013, through December 31, 2014, as hereafter set forth, and the Attorney hereby accepts such retainer and appointment. 2. SERVICES. The Attorney shall provide all legal services required by the City in conjunction with the prosecution of violations of state laws and municipal ordinances within the jurisdiction of the City. These services shall include advising law enforcement personnel and city officials on changes and developments in the law relevant to their enforcement duties, including at least four sessions per year of officer training or consultation with supervisors. 3. EXPENSES. The Attorney shall provide, at his expense, necessary postage, copying, forms, telephone service and other incidental expenses. The following costs shall be reimbursed by the City: costs of any transcripts of Court proceedings; interpretation services; service fees; and costs of certified documents; annual 1 maintenance charge to the Minnesota County Attorneys Association for MCAPS prosecution software beginning in 2006. 4. COMPENSATION. The City shall pay the Attorney for criminal prosecution services the sum of $112,000.00 for the year 2013, and $112,000.00 for 2014. 5. INSURANCE. Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of this agreement. The value of the policy shall not be less than the cap for municipal tort liability as established by Minnesota Statutes. Attorney further agrees to defend, indemnify, and hold harmless the City, its agents and employees against all causes of actions against the City or any of its agents or employees that arise from or as a result of the Attorney's actions or advice under the terms of this Agreement. 6. CONFLICTS. The Attorney shall use his best efforts to meet his professional obligation to avoid conflicts of interest in his representation of the City and his other clients. In the event of a conflict, the Attorney, with the consent of the City, shall arrange for suitable alternative counsel. It is the intent of the Attorney to refrain from handling any criminal, civil, public or administrative matters for any other person or entity that may pose a conflict of interest or in which it may reasonably appear or is foreseeable that the City has a competing or adverse interest which may reasonably cause a conflict or the appearance of impropriety for the Attorney to appear for, represent or advise any other person or entity regarding such 2 matters. 7. RECORDS AND FILES. The Attorney shall keep and maintain appropriate charts, files and records of all services provided by it under this Agreement, and shall prepare all reports and correspondence relating thereto as requested by the City. 8. TERMINATION. The City may terminate this Agreement at will, and upon termination, the Attorney shall surrender to the City all files and records relating to the City's cases. The Attorney may terminate this Agreement upon ninety (90) days written notice directed to the City Administrator. Upon termination, the retainer shall be pro -rated to the last day of representation of the City by the Attorney. Upon the event of termination or non - renewal of this Agreement, Attorney shall take all necessary steps to insure the efficient transfer of files and records to the new attorney and to provide assistance to the new attorney in the transition. 9. GOVERNING LAW. This Agreement is governed by the laws of the State of Minnesota, and the charter and ordinances of the City. 10. NON - ASSIGNABLE. Except as provided in Paragraph 4 above relating to conflicts of interest, the rights and obligations created herein may not be assigned by either party. 11. SEVERABILITY. If any provision of this Agreement shall be held invalid or unenforceable, the remainder shall nevertheless remain in full force and effect. If any provision is held invalid or 3 unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. 12. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto. No change, addition or amendment shall be made except by written agreement of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF FARIBAULT Kurt S. FISCHER li :• City Administrator John Jasinski Mayor 2