06-27-2016 Council Work Session Packet

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Curt Boganey, City Manager 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 763-569-3300 ASSESSMENT OF AVAILABILITY As stated previously, the firm approaches its municipal representation as a team approach. We have three attorneys who devote a large portion of their practice to criminal prosecution. All attorneys are available to assist the City with their prosecution needs, and can be reached after regular business hours should the need arise. Further we have knowledgeable and efficient staff dedicated to the organization, correspondence and coordination with our law enforcement agencies, as well as discovery compliance. We have one specific staff person dedicated to victim and witness coordination to ensure that crime victims within our municipalities receive the upmost service and dedicated response that they deserve. CONFLICTS OF INTEREST AND CONTINGUOUS PROSECUTION The firm is not presently aware that it represents any client who may have any actual or potential conflict with the City of Orono. The firm reviews its files and records immediately when it is retained by a client to determine whether or not any actual or potential conflict exists. The firm currently represents the contiguous municipalities of Long Lake, Maple Plain and Independence. Rather than presenting a potential conflict of interest, we feel this familiarity with and commitment to the surrounding communities makes Carson, Clelland & Schreder uniquely situated to serve the City of Orono's prosecution needs. FEES Option 1: Our firm proposes billing the criminal prosecution work on a flat fee basis, at a monthly retainer rate of $3,000/month, to include all general prosecution services, appellate criminal work and vehicle forfeitures, as well as one jury trial per year. Any additional jury trials to occur within the same calendar year would be billed at our regular hourly rate of $97.50/per hour. Option 2: Alternatively, our firm proposes billing the criminal prosecution work on an hourly basis, at the rate of $97.50/hour for attorney work and $37.50/hour for work performed by paralegals and legal assistants. There is no additional billing for incidental costs such as routine photocopying or facsimile, telephone, or regular printing, but there shall be a billing of actual charges for out-of- pocket costs, such as purchase of medical reports, service of subpoenas, any exceptional photocopying and Westlaw. All services are billed to the City based upon an accurate record of the time spent, but the attorneys will generally charge a minimum increment of ten minutes for correspondence and phone calls which we consider routine and which are not lengthy. The firm is also willing to adapt our billing format to the City's needs wherever possible. Our firm bills each municipal client monthly, itemizing the date of service, the attorneys and support personnel