Agenda - Council Work Session - 05/07/2013

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Weikel Law Firm, LLC Legal Services Proposal - Prosecution Compensation for Prosecution Only Services Weikel Law Firm, LLC proposes a Flat Fee compensation arrangement. The flat fee would be inclusive of all prosecution services outlined by the City's RFP. Flat fee billing is frequently the preferred style of billing by our clients because it allows our clients to budget an exact amount for legal services with the certainty that the amounts will not exceed the budgeted amount. A flat fee ar results in a better attorney- client relationship where the client doesn't feel a need t o avoid or minimize communications with the attorney for fear of the ticking clock increasing the potential invoice. Ideally the contract between the City and the Firm would be for the duration of two (2) years. The Firm would also consider a one year contract that has a renewable term. The proposed fee to be paid to the Firm on the first of each month for services to be consumed that month is set forth as follows with the first monthly payment occurring upon execution of the contract for services: ■ In year one the proposed fee is a $5,000 retainer upon execution of the contract and an additional $5,000.00 /month for each of the subsequent 12 months ($60,000 annually); total cost in year one is $65,000.00 ■ In year two the proposed fee is $5,000.00 /month ($60,000 annually) The monthly flat fee will include representation and prosecution of all criminal matters within the city's jurisdiction, included but not limited to scheduling, coordinating officer appearances, r eviewing all criminal cases presented for purposes of prosecution, determine technical compliance with Criminal Code and other state statutes, writing complaints, any meetings necessary, making recommendations to the court for alternatives to prosecution where appropriate, act as a resource to the Police Department in the development of criminal cases, provide training sessions for police staff as needed, and the timely pursuit of disposition of criminal cases in advance of actual court cases to avoid unnecessary officer court time. Additionally the Firm would provide civil forfeiture services for a one -third (33 %) of the civil forfeiture recovery on behalf of the Police Department. Appellate work, drafting of appellate briefs, preparing and oral argument to the Appeals Courts and /or Supreme Court of Minnesota would be considered specialized, and at an additional cost beyond the monthly retainer amount. Fees for Specialized Services are set forth below: ■ Attorney: $150/hour ■ Support Personnel: $50/hour The minimum increment of time billed for each service in a matter considered a "specialized service" (i.e. phone calls, correspondence, personal conference) shall be in 6 minute increments (one -tenth of an hour). 20