3.4 City Attorney ContractRequest for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Administration City Attorney Kendall November 27, 2023
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty 3.4 – City Attorney Contract
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
X Is a strong organization that is committed to leading the community through innovative communication.
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and expectations in a
cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff is recommending the City Council approve an amended Fee Schedule for an agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
In 2019 the City issued a Request for Proposals (RFP) for municipal legal services. The City received proposals from four
firms. Upon completing interviews of each of the four firms, the City Council directed City staff to negotiate an
agreement for legal services with Campbell Knutson. The agreement was approved in November 2019 and has been in
effect since January 2020 with no change in the fee schedule.
The agreement outlines that the fee schedule may be amended from time to time by agreement of the City and Attorney,
with the proposed fee schedule attached for consideration of approval. The changes to the fee schedule would be
effective January 1, 2024, and will adjust on an annual basis by 3.00%.
The Administrative Subcommittee was presented with this information at their November 14, 2023, meeting and
provided direction for City Council consideration of approval.
SUPPORTING DOCUMENTS ATTACHED:
•Agreement for Legal Services
•Fee Schedule (Amended)
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve an amendment of the Fee Schedule to the Agreement for Legal Services between the City of
Otsego and Campbell Knutson approved by the City Council on November 25, 2019.
BUDGET INFORMATION
FUNDING: BUDGETED:
Legal services are budgeted and expensed to each
fund based on the work being completed.
Yes
205397v5
FEE SCHEDULE
A. General Civil Municipal: All Attorneys $180.00 per hour; Law Clerks and Legal
Assistants $95.00 per hour. The above rates shall be adjusted annually with 3.0% increase rounded
up to the next whole dollar on January 1 of each year beginning January 1, 2025.
B. Pass-through Legal Services: All Attorneys $325.00 per hour and paralegal/legal
assistants $125 per hour, for legal services that are passed through to third parties according to the
City policies, or financed as part of a specific project or fund, or which constitute active
representation of the City in agency or legislative proceedings, grievance or interest arbitrations, real
estate acquisitions and condemnations, pre-litigation, litigation and appellate matters.
C. Meetings: Attorney attendance at City Council meetings shall be billed at a flat rate
of $400 per meeting. Attendance at all other meetings will be billed at the actual hourly rates listed
in Paragraph A above.
D. Minimum Billing Increment: The minimum billing increment for all services is
two-tenths (2/10) of an hour.
E. Cost: Out-of-pocket costs without mark-up. Costs include:
Lexis/Nexis legal research
recording fees and tract index search fees
postage of 50¢ or more
photocopies at 20¢ per copy
color copies at 40¢ per copy
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)