DEPARTMENT: Attorney
FILE TYPE: Consent Action
TITLE
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Authorization To Execute An Agreement To Provide Legal Services To Dakota County Community Development Agency
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PURPOSE/ACTION REQUESTED
Authorize the County Attorney to execute agreement to provide legal services to the Dakota County Community Development Agency.
SUMMARY
The Dakota County Attorney’s Office is currently providing legal services to the Dakota County Community Development Agency (CDA) pursuant to a legal services agreement. The agreement will expire on December 31, 2025. The County Attorney’s Office is willing to continue providing certain legal services for the 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 the CDA. 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 CDA 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. The agreement with the CDA will have a two-year term, January 1, 2026, through December 31, 2027. Legal services will be provided 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 these hourly rates include direct and indirect administrative costs for a mid-level senior attorney and the Civil Division paralegal 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 the legal services agreement for the CDA 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 CDA each calendar year is variable depending on the CDA’s need for legal assistance. Annual revenue from these services totaled $43,224 in 2024 and is projected to total $37,967 in 2025.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, pursuant to a legal services agreement, the Dakota County Attorney’s Office is currently providing legal services to the Dakota County Community Development Agency (CDA); and
WHEREAS, the agreement will expire on December 31, 2025; and
WHEREAS, the County Attorney’s Office is willing to provide legal services to the agency on terms agreeable to the County and the CDA; 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 CDA; and
WHEREAS, the proposed legal services agreement with the CDA will extend through December 31, 2027; and
WHEREAS, pursuant to the agreement, the County Attorney’s Office will provide legal services to the 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, Dakota County Finance determined that the hourly rates include direct and indirect administrative costs for a mid-level senior attorney and the Civil Division paralegal 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 Dakota Community Development Agency from January 1, 2026, through December 31, 2027.
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PREVIOUS BOARD ACTION
15-593; 11/17/15
17-181; 4/4/17
18-641; 12/18/18
21-048; 1/19/21
22-537; 12/13/22
24-613; 12/17/24
ATTACHMENTS
Attachment: CDA 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