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AGENDA RECOMMENDATION |
6.E.
City Council Regular Meeting
- Meeting Date:
- 07/27/2026
Agenda Item:
Resolution appointing Prosecuting Attorney and authorizing the City Manager to enter into an Agreement for Legal Services.
Recommendation/Action(s):
Adoption of the attached resolution.
Summary:
For the past five years, the City has contracted with Eckberg Lammers, P.C. as the City’s prosecution attorney. The contract is set for renewal at the beginning of 2027.
In reviewing contract rates, a review of growth in case volume was evaluated. Attached is a table that contains a count of adult criminal cases with the highest degree of misdemeanor offenses prosecuted by the City’s Attorney for the previous five years. As is shown, the number of petty misdemeanor, misdemeanor and gross misdemeanor cases has risen over the past five years. Through the end of May 2026, our prosecutors have been in court 78 out of 109 business days. Of those days, there have been 13 days when two attorneys were required to be in court at the same time and one day when three attorneys were required to be in court at the same time.
The details of the proposed contract are listed below:
PROSECUTION LEGAL SERVICES
TERM: Five years, starting on January 1, 2027, and running through December 31, 2031.
SUMMARY OF WORK TO BE PROVIDED:
5% increase year over year to address contract volume increases.
COSTS BILLED AT ACTUAL RATE:
In reviewing contract rates, a review of growth in case volume was evaluated. Attached is a table that contains a count of adult criminal cases with the highest degree of misdemeanor offenses prosecuted by the City’s Attorney for the previous five years. As is shown, the number of petty misdemeanor, misdemeanor and gross misdemeanor cases has risen over the past five years. Through the end of May 2026, our prosecutors have been in court 78 out of 109 business days. Of those days, there have been 13 days when two attorneys were required to be in court at the same time and one day when three attorneys were required to be in court at the same time.
The details of the proposed contract are listed below:
PROSECUTION LEGAL SERVICES
TERM: Five years, starting on January 1, 2027, and running through December 31, 2031.
SUMMARY OF WORK TO BE PROVIDED:
- Meetings and/or telephone conversations with and advising the Mayor, Council Members, City Administrator, and other authorized staff on general criminal legal matters.
- Research and submission of legal opinions on municipal or other criminal legal matters requested by the City Administrator or other authorized staff; availability to answer staff questions by telephone,
- Legal consultation and general support for the Mayor, Council Members, City Administrator, and other authorized staff on general criminal legal matters.
- Provide a high level of customer service by responding in a prompt manner.
- Prosecute all petty misdemeanor, misdemeanor and statutorily delegated gross misdemeanor offenses committed within the corporate limits of the City. This service includes all such cases initiated by any law enforcement agency and citizen complaints including, but not limited to, traffic violations, DWI cases, theft and City Code violations.
- Provide advice, consultation and training where required to the City's Police Department and to all other departments of the City in the interpretation and enforcement of statutes, ordinances, and investigations of violations in connection with the prosecution of criminal cases.
- Prepare criminal complaints where facts warrant.
- Evaluate all cases where a plea of not guilty is entered and prosecute where warranted.
- Prepare appropriate pre-trial notices as required.
- Seek such additional investigation as required.
- Negotiate and enter plea bargains where deemed advisable.
- Represent the City at all pre-trial hearings including motions.
- Perform all legal research and prepare briefs when required.
- Try all jury and court trials.
- Draft Ordinances, ordinance amendments, resolutions, and correspondence as requested.
- Review ordinances as requested.
- Render written opinions on law when requested, including interpretation of statutes, ordinances, rules and regulations.
- Contact, support, and inform identifiable crime victims in accordance with the Minnesota Statute Chapter 611A.
- Ensure proper notification and preparation of witnesses, police officers, and staff for trial.
- Investigate and evaluate all claims by the City against others and recommend appropriate courses of action, including but not limited to code enforcement issues and administrative citations.
- Handle all criminal appeals and contested DWI forfeitures matters.
| Current Year | 2027 | 2028 | 2029 | 2030 | 2031 | |
| Flat-Fee (Per Year, Billed Monthly) | $318,587 | $334,516.35 | $351,242.17 | $368,804.28 | $387,244.49 | $406,606.71 |
5% increase year over year to address contract volume increases.
COSTS BILLED AT ACTUAL RATE:
- Courier/Delivery Services
- Process Server Fees
- Civil Filing Fees (forfeitures)
- Appellate Binding Services
- WestLaw Research Fees
- Printing
- Mileage reimbursement
- Legal assistant services
- Office Supplies
- Electronic copies of documents
- Postage