DEPARTMENT: Attorney
FILE TYPE: Consent Action
TITLE
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Authorization To Execute Agreements To Provide Legal Services To Dakota County Electronic Crimes Task Force And Dakota County Domestic Preparedness Committee
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PURPOSE/ACTION REQUESTED
Authorize the Dakota County Attorney to execute agreements to provide legal services to the Dakota County Electronic Crimes Task Force and the Dakota County Domestic Preparedness Committee.
SUMMARY
The Dakota County Attorney’s Office (County Attorney’s Office) has provided legal services to the Dakota County Domestic Preparedness Committee (DPC) and the Dakota County Electronic Crimes Task Force (ECTF) joint powers organizations for many years pursuant to a legal services agreement with the DPC that expires on March 31, 2026, and pursuant to the general terms of the ECTF joint powers agreement. Currently, the County Attorney’s Office does not bill either agency for attorney or paralegal time.
The County Attorney’s Office is willing to continue providing certain legal services to each agency 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 theses agencies. 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 applicable agency as to whether continued representation of both parties or either party is possible with the parties’ consent.
The agreement with the DPC will be effective from April 1, 2026, through December 31, 2027. The agreement with the ECTF will be effective upon the date of execution through December 31, 2027. Legal services will be provided to each agency at a rate of $242 per hour for attorney time and $132 per hour for paralegal time in 2026 and $251 per hour for attorney time and $138 per hour for paralegal time in 2027. Dakota County Finance determined that this hourly rate includes direct and indirect administrative costs for a paralegal and attorney in the County Attorney’s Office.
Under the agreements, the County Attorney’s Office will provide each agency with 60 hours of legal services (inclusive of both attorney and paralegal time) at no cost for each calendar year of the agreement. Each agency will be billed at the applicable hourly rates only after the first 60 hours have been utilized, up to a maximum of $10,000 each calendar year, regardless of the number of hours billed by the County Attorney’s Office. This is consistent with the legal services agreement between the County Attorney’s Office and the Dakota County Drug Task Force.
RECOMMENDATION
recommendation
The County Manager and the Dakota County Attorney recommend the County Board authorize the Dakota County Attorney to execute the legal services agreements with the DPC from April 1, 2026, through December 31, 2027, and the ECTF from the date of execution through December 31, 2027.
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EXPLANATION OF FISCAL/FTE IMPACTS
Any reimbursement for legal services will be applied to offset budgeted County Attorney’s Office personnel cost.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, the Dakota County Attorney’s Office (County Attorney’s Office) has provided legal services to the Dakota County Domestic Preparedness Committee (DPC) and the Dakota County Electronic Crimes Task Force (ECTF) joint powers organizations for many years; and
WHEREAS, the County Attorney’s Office is willing to continue to provide legal services to the agencies on terms agreeable to the County Attorney’s Office and the agencies; 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 theses agencies; 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 applicable agency 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 DPC will be for the term of April 1, 2026, through December 31, 2027; and
WHEREAS, the proposed legal services agreements with the ECTF will be for the term commencing on the date of execution through December 31, 2027; and
WHEREAS, pursuant to the agreements, the County Attorney’s Office will provide legal services to each agency at a rate of $242 per hour for attorney time and $132 per hour for paralegal time in 2026 and $251 per hour for attorney time and $138 per hour for paralegal time in 2027; and
WHEREAS, the Dakota County Attorney’s Office will provide each agency with 60 hours of legal services (inclusive of both attorney and paralegal time) at no cost for each calendar year of the agreement and will bill each agency at the applicable hourly rates only after the first 60 hours have been utilized, up to a maximum of $10,000 each calendar year; 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 agreements for legal services, substantially as presented and subject to approval by the County Attorney’s Office as to form, with the Dakota County Domestic Preparedness Committee from April 1, 2026 through December 31, 2027 and the Dakota County Electronic Crimes Task Force from the date of execution through December 31, 2027, with the parties each having the ability to terminate the agreement without cause by providing written notice to the other party.
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PREVIOUS BOARD ACTION
23-154; 4/11/23
21-211; 4/20/21
ATTACHMENTS
Attachment: DPC Legal Services Agreement (draft)
Attachment: ECTF Legal Services Agreement (draft)
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