City Council Meeting Date: February 6, 2024
To: Mayor and City Council
From: Ben Martig, City Administrator
Title
Consider Approval of Contract for Prosecuting City Attorney Services.
Body
Action Requested:
The Northfield City Council considers a Motion approving the attached Contract for Legal Services with Eckberg Lammers, Attorneys at Law.
Summary Report:
The amendment to the Contract for prosecuting city attorney services with Eckberg Lammers, Attorneys at Law, expires on July 31, 2024. The City approved agreements with Eckberg Lammers, Attorneys at Law in 2014 and again in 2019. The proposed contract runs through July 31, 2027. The contract includes a termination clause that the contract may be terminated by either party upon 60 days written notice. This is common in legal services contacts. Staff recommends approval of the new contract.
The City Council works closely with the city civil services attorney, but likely does not have as much working familiarity with Eckberg-Lammers as it relates to criminal prosecution. Therefore, the Police Department has shared the following thoughts as it relates to their experiences in working with Eckberg-Lammers and their staff:
• Their support staff are very responsive to our requests and work closely with our Records and Evidence Staff to ensure case documents are properly requested and distributed. They also send timely court notices to officers and staff.
• Attorneys regularly seek input from officers and administration for specific and general case prosecution. Attorneys visit the NPD on a regular basis to discuss cases, review processes, and provide formal and informal training.
• Attorneys provide regular newsletters with updates and timely advice related to case law and statutes. Their staff continually research and then educate our staff on the ever-changing landscape of law enforcement, statutes, and court decisions.
• Attorneys are available 24 hours a day for consultation.
• The firm recognized challenges and inefficiencies related to processing digital evidence (photos, squad video, audio recordings, etc.) and contracted with Evidence.com. The firm provides NPD access to this cloud-based system for more efficient evidence transfer. This has been a very big improvement in digital evidence management and saves our Evidence Technician significant time.
• The firm and its attorneys have become important partners in the Rice County Criminal Justice system. Eckberg-Lammers has the City Criminal contracts with Faribault and Dundas. Their attorneys take part in and/or are members of numerous local committees and boards including the Rice County Community and Justice Council, Rice County Blueprint for Safety (Domestic Violence) program, and the HOPE Center Board.
Representative Attorney’s of Eckberg Lammers will be at the meeting to present some of this background and to answer any questions.
Alternative Options:
None specifically recommended. If there are questions or concerns on the contract staff would recommend hearing that feedback to explore those further. The contract could be put on hold for approval if additional considerations need to be explored first.
Financial Impacts:
The proposed rate for attorney services from Eckberg Lammers is $_93,133.54 annual flat fee rate (paid prorated at a monthly rate of $ 7,761.13) plus disbursements (i.e. subpoena service expenses, postage). The contract has a clause for rate adjustments of 3% allowing annual adjustments to hourly rates or monthly retainer.
Tentative Timelines:
As noted above, the current contract has an ending date of July 31, 2024, unless extended by mutual agreement. The agreement provides for a new three (3) year contract end date of July 31, 2027.