DEPARTMENT: Attorney
FILE TYPE: Consent Action
TITLE
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Authorization To Execute An Agreement To Provide Legal Services To Vermillion River Watershed Joint Powers Organization
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PURPOSE/ACTION REQUESTED
Authorize the County Attorney to execute an agreement to provide legal services to the Vermillion River Watershed Joint Powers Organization.
SUMMARY
The Dakota County Attorney’s Office has provided legal services to the Vermillion River Watershed Joint Powers Organization (“VRWJPO”) for many years. The County Attorney’s Office is willing to continue providing certain legal services for the VRWJPO and is not aware of any current conflict of interest between the County Attorney’s Office’s representation of Dakota County and its continued representation of the VRWJPO. If a conflict arises during the course of representation, the County Attorney’s Office will disclose the conflict and consult with both the County and the VRWJPO as to whether continued representation of both parties or either party is possible with the parties’ consent.
The new agreement has substantially the same terms as the current agreement, which is in effect through December 31, 2025. The new agreement with the VRWJPO will have a two-year term from January 1, 2026, through December 31, 2027. Legal services will be provided to the VRWJPO at the internal rate of $188.99 per hour for attorney time and $103.62 per hour for paralegal time in 2026 and $196.55 per hour for attorney time and $107.76 per hour for paralegal time in 2027. Dakota County Finance determined that the hourly rates include direct and indirect administrative costs for a paralegal and attorney in the County Attorney’s Office.
RECOMMENDATION
recommendation
The County Manager and the Dakota County Attorney recommend the County Board authorize the Dakota County Attorney to execute a legal services agreement with the VRWJPO from January 1, 2026, through December 31, 2027.
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EXPLANATION OF FISCAL/FTE IMPACTS
Payments for legal services will offset payroll and benefit expenses for County Attorney’s Office staff providing the services based in the number of hours billed. The number of hours of legal services the County Attorney’s Office will provide to the VRWJPO each calendar year is variable and uncertain depending on each agency’s need for legal assistance. Annual revenue from these services totaled $31,365 in 2024 and is projected to total $20,363 in 2025.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, the Dakota County Attorney’s Office has provided legal services to the Vermillion River Watershed Joint Powers Organization (“VRWJPO”) for many years; and
WHEREAS, the County Attorney’s Office is willing to continue to provide legal services to the VRWJPO on terms agreeable to the County Attorney’s Office and the VRWJPO; and
WHEREAS, the County Attorney’s Office has identified that it is not aware of any current conflict of interest between its representation of Dakota County and its continued representation of the VRWJPO; and
WHEREAS, the County Attorney’s Office has further identified that if a conflict arises during the course of representation, the County Attorney’s Office will disclose the conflict and consult with both the County and the VRWJPO as to whether continued representation of both parties or either party is possible with the parties’ consent; and
WHEREAS, the proposed legal services agreement with the VRWJPO will be for the term of January 1, 2026, through December 31, 2027; and
WHEREAS, pursuant to the agreement, the County Attorney’s Office will provide legal services to the VRWJPO at the internal rate of $188.99 per hour for attorney time and $103.62 per hour for paralegal time in 2026 and $196.55 per hour for attorney time and $107.76 per hour for paralegal time in 2027; and
WHEREAS, Dakota County Finance determined that the hourly rates include direct and indirect administrative costs for a paralegal and attorney in the County Attorney’s Office.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Dakota County Attorney to execute an agreement for legal services, substantially as presented and subject to approval by the County Attorney’s Office as to form, with the Vermillion River Watershed Joint Powers Organization for the term of January 1, 2026, through December 31, 2027.
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PREVIOUS BOARD ACTION
25-141; 3/25/25
ATTACHMENTS
Attachment: VRWJPO Legal Services Agreement
BOARD GOALS
☐ Thriving People ☐ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
CONTACT
Department Head: Tom Donely
Author: Tom Donely