DEPARTMENT: Attorney
FILE TYPE: Consent Action
TITLE
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Authorization To Execute Agreements To Provide Legal Services To Community Development Agency, Dakota County Drug Task Force, Dakota 911, And Metropolitan Library Service Agency
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PURPOSE/ACTION REQUESTED
Authorize the County Attorney to execute agreements to provide legal services to the Community Development Agency, Dakota County Drug Task Force, Dakota 911, and Metropolitan Library Service Agency.
SUMMARY
The Dakota County Attorney’s Office is currently providing legal services to the Dakota County Community Development Agency (CDA), Dakota County Drug Task Force (DCDTF), Dakota 911 (formerly Dakota Communications Center) and Metropolitan Library Service Agency (MELSA) pursuant to legal services agreements. The agreements will expire on December 31, 2024. The County Attorney’s Office is willing to continue providing certain legal services for 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 new agreements have substantially the same terms as the current agreements. The Agreements with the CDA and with MELSA will have a one-year term, through December 31, 2025. The Agreements with the DCDTF and Dakota 911 will have a two-year term, through December 31, 2026. Legal services will be provided to each agency at a rate of $229 per hour for attorney time and $50 per hour for paralegal time in 2025. For DCDTF and Dakota 911, legal services will be provided in 2026 at a rate of $236 per hour for attorney time and $51 per hour for paralegal time. Dakota County Finance determined that this hourly rate includes direct and indirect administrative costs for a mid-level senior attorney in the County Attorney’s Office.
As in prior years, the Dakota County Attorney’s Office will provide DCDTF 60 hours of legal service (inclusive of both attorney and paralegal time) at no cost for each year of the contract. DCDTF will be billed at the applicable hourly rates only after the first 60 hours have been utilized, up to a maximum of $10,000 annually, regardless of the number of hours billed by 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 agreements for CDA and MELSA through December 31, 2025, and with DCDTF and Dakota 911 through December 31, 2026.
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EXPLANATION OF FISCAL/FTE IMPACTS
The number of hours of legal services the County Attorney’s Office will provide to the CDA, DCDTF, Dakota 911 and MELSA each calendar year is variable and uncertain depending on each agency’s need for legal assistance.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, the Dakota County Attorney’s Office is currently providing legal services to the Community Development Agency (CDA), Dakota County Drug Task Force (DCDTF), Dakota 911 (formerly Dakota Communications Center) and Metropolitan Library Service Agency (MELSA) pursuant to legal services agreements; and
WHEREAS, those agreements will expire on December 31, 2024; and
WHEREAS, the County Attorney’s Office is willing to provide legal services to the agencies on terms agreeable to the County and each agency; 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 agreements with the CDA and MELSA will extend through December 31, 2025; and
WHEREAS, the proposed legal services agreements with the DCDTF and Dakota 911 will extend through December 31, 2026; and
WHEREAS, pursuant to the agreements, the County Attorney’s Office will provide legal services to each agency at a rate of $229 per hour for attorney time and $50 per hour for paralegal time in 2025 and will provide legal services to DCDTF and Dakota 911at a rate of $236 per hour for attorney time and $51 per hour for paralegal time in 2026; and
WHEREAS, the Dakota County Attorney’s Office will provide DCDTF 60 hours of legal service (inclusive of both attorney and paralegal time) at no cost for each year of the contract and will bill the DCDTF at the applicable hourly rates only after the first 60 hours have been utilized, up to a maximum of $10,000 annually; and
WHEREAS, Dakota County Finance determined that the hourly rates include direct and indirect administrative costs for a mid-level senior 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 Community Development Agency and Metropolitan Library Service Agency through December 31, 2025, and with the Dakota County Drug Task Force and Dakota 911 through December 31, 2026, 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
CDA:
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
DCDTF:
20-398; 8/18/20
22-537; 12/13/22
MELSA:
04-597; 12/21/04
13-122; 3/12/13
17-219; 4/18/17
20-045; 1/21/20
22-537; 12/13/22
DAKOTA 911 (formerly Dakota Communications Center):
06-151; 04/04/06
07-120; 03/20/07
22-126; 03/22/22
ATTACHMENTS
Attachment: CDA Legal Services Agreement
Attachment: DCDT CDA Legal Services Agreement F Legal Services Agreement
Attachment: MELSA Legal Services Agreement
Attachment: Dakota 911 Legal Services Agreement
BOARD GOALS
☐ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
CONTACT
Department Head: Tom Donely
Author: Tom Donely