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HomeMy WebLinkAboutCity Council Packet 01-20-2015 SpecialCITY OF PLYMOUTH AGENDA SPECIAL COUNCILMEETING JANUARY 20, 2015, 5:30 p.m. MEDICINE LAKE CONFERENCE ROOM 1. CALL TO ORDER 2. TOPICS A. Update on prosecution services B. Set Future Study Sessions 3. ADJOURN Special Council Meeting 1 of 1 January 20, 2015 DOCUMENT INDEX MCNEELY DECISION o This Memorandum analyzes the U.S. Supreme Court's McNeely decision, the most significant case relating to DWI law in decades. The McNeely case directly affected the ability to obtain a chemical test during DWI arrests without a warrant and altered the manner in which DWI investigations are conducted. This Memorandum was released on the day McNeely was issued. CELL PHONE SEARCHES -WARRANT REQUIRED o The U.S. Supreme Court ruled that the "search incident to arrest" exception to the warrant requirement does not apply to cell phone searches. UPDATE ON IMPOUNDING AND INVENTORYING VEHICLES o This Memorandum outlines the circumstances under which a police officer may impound and perform an inventory search of a vehicle in light of new caselaw from the Minnesota Supreme Court. ENHANCEMENT CHART FOR ASSAULT -RELATED OFFENSES o Certain domestic violence related offenses may be enhanced if the offender has a prior conviction. These laws are complex. This chart is designed to provide law enforcement an easy method to determine whether a particular offense should be charged as a misdemeanor, gross misdemeanor or felony. 2014 MINNESOTA CRIMINAL LAW LEGISLATIVE UPDATE o This is a comprehensive legislative update that describes the amendments to relevant criminal statutes that occurred during the Minnesota 2014 Regular Session. It provides a summary and effective date for all changes. Page 1 EMAIL CORRESPONDENCE CAMPBELL KNUTSON FROM: ELLIOTT KNETSCH, CITY ATTORNEY DATE: APRIL 17, 2013 RE: MCNEELY DECISION The U.S. Supreme Court issued its decision in McNeely today. The issue as stated by the Court was: The question presented here is whether the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment's warrant require- ment for nonconsensual blood testing in all drunk -driving cases. We conclude that it does not, and we hold, consistent with general Fourth Amendment principles, that exigency in this context must be determined case by case based on the totality of the circumstances." This holding is the exact opposite of the holding of the Minnesota Supreme Court in State v. Shriner, 751 N. W. 2d 538 (Minn. 2008) which held that the natural dissipation of blood-alcohol evidence alone constitutes a per se exigency which negates the requirement to obtain a warrant. Officers must begin to follow McNeely immediately. Based upon McNeely, I believe an officer must obtain a warrant before taking a nonconsensual blood draw. Based on Minnesota law and McNeely, I believe an officer may only try to get a warrant for a nonconsensual blood draw when the officer has probable cause to believe the person is impaired, and that the person was involved in an accident that constitutes the crime of criminal vehicular operation (CVO). CVO is causing the injury or death of a person as the result of operating a vehicle in a grossly negligent manner, or in a negligent manner while under the influence of alcohol, or a controlled or hazardous substance. A warrant would not be needed in the limited circumstances where the exigencies of the situation make the needs of law enforcement so compelling that a warrantless search is objectively reasonable. The Schmerber case was not overruled. In Schmerber a nonconsensual warrantless blood draw was found reasonable under the facts of that case which included that alcohol levels decline after drinking stops and that testing was delayed while officers transported the injured suspect to the hospital and investigated the accident scene I do not believe McNeely changes the procedure for routine DWI cases. An officer does not need a warrant to obtain a consensual breath, blood or urine test. If a person refuses a breath test no other test need be offered. If a person refuses a blood test, the person must also be offered a urine test. Only if both fluid tests are refused may a person be charged with test refusal. My office continues to recommend that it is better to get a test whenever possible because that is the best evidence to obtain a conviction. So if a person refuses one test, offer the other tests to see if they will consent. I79I75vi Page 2 This decision will surely spur defense attorneys to argue that a warrant is needed before any test can be given, and that even if a person consents to a test, it is "coerced consent" because if they refuse they are charged with a crime. Another question is whether McNeely will be applied retroactively to pending cases. We will argue under it should not be applied to pending cases, or cases where the defendant has been convicted. (Teague v. Lane, 489 U.S. 288 (1989)). I will send out a more detailed analysis of McNeely shortly, along with final recommendations on what changes in procedures it may require. I believe it is important to get this initial information circulated to patrol as soon as possible. Please contact me if you have any questions. Elliott Link to McNeely decsion http://www.sppremecourt.gov/opinions/12pdf/11-1425 cb8e.pdf 179175vi Page 3 MEMORANDUM =_= CAMPBELL ItNUTSON FROM: ELLIOTT KNETSCH, CITY ATTORNEY DATE: AUGUST 8, 2014 RE: "SEARCH INCIDENT TO ARREST" IS NOT A VALID EXCEPTION TO THE WARRANT REQUIREMENT FOR CELL PHONE SEARCHES This Memorandum is an update on the recent caselaw regarding searches of cell phones. On June 25, 2014, the United States Supreme Court ruled that a warrant is generally required to search a suspect's cell phone unless a valid exception to the warrant requirement exists. Riley v. California, Nos. 13-132 and 13-212 (U.S. June 25, 2014). Importantly, the Supreme Court held that a search incident to arrest does not permit an officer to search the contents of a person's cell phone. A "search incident to arrest" occurs when the police conduct a warrantless search of an arrestee's person and the area within the person's immediate control. Chimel v. California, 395 U.S. 752, 762-63 1969); United States v. Robinson, 414 U.S. 218, 236 (1973)). A search incident to arrest generally has two justifications: 1) Officer Safety 2) Evidence Destruction The Supreme Court held that neither of these justifications apply to a search of the contents of a person's phone. First, with respect to officer safety, the Supreme Court stated: "Digital data stored on a cell phone cannot itself be used as a weapon to harm an arresting officer or to effectuate the arrestee's escape." Riley, Nos. 13-132 and 13-212. The Supreme Court did acknowledge that in unique circumstances, a cell phone may present a risk to officer safety. For example, the "arrestee's confederates are headed to the scene" and a search of the cell phone is necessary for officer safety. In this situation, the exigent (emergency) circumstances warrant exception would allow an officer to search the contents of the phone immediately. Second, the Supreme Court held that the possibility of evidence destruction, including the remote wiping of data on a cell phone, generally does not justify a search of the contents of a phone. The Supreme Court held that law enforcement should instead take action to disable a phone's locking mechanism or use other technologies to prevent remote wiping while obtaining a warrant. If there is a unique "now or never" situation and circumstances suggest that a defendant's phone "will be the target of an imminent remote wipe attempt," it may be possible to rely upon the exigent circumstances warrant exception to search the contents of the phone immediately. This exception should be used cautiously. Page 4 MEMORANDUM CAMPBELL KNUTSON FROM: ELLIOTT KNETSCH, CITY ATTORNEY DATE: SEPTEMBER 8, 2014 RE: UPDATE ON IMPOUNDING AND INVENTORYING VEHICLES This Memorandum is an update on the recent caselaw regarding the impoundment and inventorying of vehicles. State v. Rohde, No. A13-0610 (Minn. Aug. 20, 2014). Under certain circumstances, a police officer may impound a motor vehicle and inventory its contents. The inventorying of a vehicle is considered a search for Fourth Amendment purposes. The impoundment is reasonable if the State's interest in impounding the vehicle "outweigh[s] the individual's Fourth Amendment right to be free of unreasonable searches and seizures." Rohde, No. Al3-0610 at 6 (citing State v. Gauster, 752 N.W.2d 496, 502 (Minn. 2008). An impoundment of a vehicle may be justified under the following circumstances: A) When a Vehicle is Impeding Traffic or Threatening Public Safety, the Vehicle May Be Impounded. 1. A police officer may impound a motor vehicle to ensure the uninterrupted flow of traffic, especially if a traffic accident has occurred. 1 If the vehicle is a traffic hazard or its location may cause an accident, a police officer may seize it immediately.2 2. An officer may also impound a motor vehicle if the vehicle is unlawfully parked. If the vehicle is simply on the shoulder of a highway (but not creating a traffic hazard), the vehicle may be impounded after it is tagged and has remained at that location for four hours.3 The vehicle must be illegally parked at the moment of the impoundment.4 B) If a Person is Arrested After a Traffic Stop, the Vehicle May Be Impounded. 1. The police have an obligation to protect the defendant's vehicle from theft and to protect the police department from claims that the police failed to safeguard the vehicle from theft.5 2. Defendant May Make Arrangements: A police officer has no obligation to inform a defendant that s/he may make arrangements to have the vehicle removed. However, if a defendant asks to make arrangements for the vehicle, the police officer must give the defendant a reasonable amount of time to do so. The vehicle cannot be impounded if the defendant has a lawful driver or towing company remove the vehicle.6 If the vehicle is not insured, the defendant may still have it removed by a towing company. 1 South Dakota v. Opperman, 428 U.S. 364, 368-69 (1976). 2 Minn. Stat. §168B.04, subd. 2(b)(1)(ii). 3 id 4 State v. Gauster, 752 N.W.2d 496,502 (Minn. 2008) (citing Minn. Stat. §168B.04, subd. 2(b)(1)(i)). 5 City of St. Paul v. Myles, 298 Minn. 298, 304 (1974). 6 State v. Goodrich, 256 N.W.2d 506, 510 (Minn. 1977). 178105v1 Page 5 Q If a Person is Not Arrested After a Traffic Stop, the Vehicle May Not be Impounded. 1. A police officer has no obligation to protect the vehicle from theft or to protect the police department from claims that the police failed to safeguard the vehicle if the driver was not arrested and taken into custody. Under these circumstances, the driver never relinquished control of the vehicle. This is true even if the vehicle is not insured and the driver of the vehicle does not have a valid license.7 If a person is not arrested after a traffic stop, the vehicle should not be impounded .8 2. No Proof of Insurance: If the driver cannot provide proof of insurance, the vehicle may not be impounded if it is legally parked. The defendant cannot have any other person drive the car away. The driver should be told not to drive the vehicle until it is insured. 3. Driving After Withdrawal: If there is a traffic stop for Driving After Withdrawal Driving After Revocation/Suspension/Cancellation), then the vehicle may not be impounded if it is legally parked. The driver should be told not to drive the vehicle until it is insured. State v. Rohde, No. A13-0610 (Minn. Aug. 20, 2014). 8 id. 2 17810svi Page 6 CAMPBELL KNNUTSON ENHANCEMENT CHART FOR ASSAULT -RELATED OFFENSES - - A prior conviction for a violation of or an attempt to violate one of the following Qualified Domestic Violence Related Offenses will enhance the new charge as noted in the chart below. According to Minn Stat. § 609.02, subd. 16, a QUALIFIED DOMESTIC VIOLENCE RELATED OFFENSE is: Assault 1St to 5th Degree (609.221 to 609.224) Crim Sex 1St to 4th Degree (609.342 to 609.345) Domestic Assault (609.2242) Domestic Assault by Strangulation (609.2247) Female Genital Mutilation (609.2245) Stalking (609.749) Interference with an Emergency Call 609.78, subd. 2) Malicious Punishment of a Child (609.377) Murder 1St to 2nd Degree (609.18 and 609.19) Terroristic Threats (609.713) Violation of Domestic Abuse No Contact Order (629.75) Violation of an Order for Protection (51813.01, subd. 14) Violation of a Restraining Order (609.748, subd. 6) NEW CHARGE Enhanceable to a Gross Misdemeanor if Enhanceable to a Felony if there are priorthereisapriorconvictionor conviction(s) or adjudications of delinquencyadjudicationofdelinquency Prior conviction or adjudication of Two prior convictions or adjudications of delinquency Assault 5th Degree delinquency against the same victim within against the same victim within 10 years of the new 609.224 10 years of the date of new offense (2nd in offense (3rd in 10) Same Victim 10) 609.224, subd. 2(a) 609.224, subd. 4(a) Prior conviction or adjudication of Two prior convictions or adjudications of delinquency Assault 5th Degree delinquency against anyone within 3 years against anyone within 3 years from the date of the new 609.224 of the date of the new offense (2nd in 3) offense (3rd in 3) Different Victim 609.224, subd. 2(b) 609.224, subd. 4(b) Prior conviction or adjudication of Two prior convictions or adjudications of delinquency Domestic Assault delinquency against anyone within 10 years against anyone within 10 years of the date of the new 609.2242 of the date of the new offense (2nd in 10) offense (3rd in 10) 609.2242, subd. 2 609.2242, subd. 4 Prior conviction or adjudication of delinquency against Stalking This crime is always at least a gross anyone within 10 years of the date of the new offense 609.749 misdemeanor. 2nd in 10) 609.749, subd. 4 Prior conviction or adjudication of Two prior convictions or adjudications of delinquency Violation of a Domestic delinquency against anyone within 10 years against anyone within 10 years of the date of the new Abuse No Contact Order of the date of the new offense (2nd in 10) offense (3rd in 10) 629.75, subd. 2 629.75, subd. 2(c) 629.75, subd. 2(d) Prior conviction or adjudication of Two prior convictions or adjudications of delinquency Violation of an Order for delinquency against anyone within 10 years against anyone within 10 years of the date of the new Protection of the date of the new offense (2nd in 10) offense (3rd in 10) 518B.01, subd. 14 51813.01, subd. 14(c) 518B.01, subd. 14(d) Prior conviction or adjudication of Two prior convictions or adjudications of delinquency Violation of a Restraining delinquency against anyone within 10 years against anyone within 10 years of the date of the new Order of the date of the new offense (2nd in 10) offense (3rd in 10) 609.748, subd. 6 609.748, subd. 6(c) 609.748, subd. 6(d) Revised 11-18-2014 Campbell Knutson P.A. Page 7 CAMPBELL KNUTSON MINNESOTA LEGISLATIVE UPDATE 2014 REGULAR SESSION QUICK REFERENCE GUIDE Selected Minnesota Statutes Relating to Criminal Law) Affected Topic Summary of Changes Effective Minnesota Date Statute 13.05 Data practices The responsible authority (i.e. state official August 1, designated by law or the commissioner as the 2014 individual responsible for data collection) must develop procedures and policy to ensure that data is being properly accessed. 13.055, Data practices; The statute has been expanded to prohibit any August 1, subd. 1, 2 breach of government entity—including a person under 2014 secured data contract with a government entityfrom breaching the security of data. The definition of an "unauthorized person" has been limited to mean any person who accesses secured data without a work assignment that reasonably requires that person to have access to the data. An unauthorized person used to include any person who accessed secured data "without permission." The statute now also requires any government entity to conduct an investigation and create a report if any breach of secured data occurs. The persons whose data was improperly accessed must be notified. The report must include the following: 1) a description of the type of data breached; (2) the number of individuals who improperly accessed the data; (3) the names of the employees responsible for the breach; and (4) the final disposition of any disciplinary action. Finally, a government entity must conduct a security assessment of any personal information it stores on an annual basis. 13.09 Data practices; A knowing unauthorized acquisition of not public August 1, penalties data as defined in 13.055, subd. 1 constitutes a 2014 misdemeanor. This is grounds for suspension without pay or dismissal of an employee. 177o2svi Page 8 13.84, Data practices; Specifically authorizes disclosure of private or January 1, subd. 5 disclosure of confidential court services data to crime victims. 2015 court service data 13.84, Data practices; Provides that upon request, the commissioner of January 1, subd. 6; public court corrections or its designee shall disclose, to a victim 2015 611A.06, services data of domestic violence, notification of the five -digit subd. 6 zip code and city of the offender's residency upon or after release from DOC custody, unless the offender is not under supervision, the zip code is not available, or disclosure creates a risk. 151.37, Prescription of Registered emergency medical responders, officers, July 1, subd. 12 legal drugs; and community-based health disease prevention or 2014 administration social services programs may administer an opiate of opiate antagonist (overdose treatment) if they have proper antagonists training and authorization from a licensed physician, licensed physician's assistant, or licensed advanced practice registered nurse. 152.22 Medical This statute provides definitions for medical September cannabis; cannabis. Medical cannabis means any species of the 1, 2014 definitions genus cannabis plant, or any mixture or preparation of them, including whole plant extractions and resins and is delivered in the form of. (1) liquid, including by not limited to an oil; (2) pill; (3) vaporized delivery method with use of liquid or oil but which does not require the use of dried leaves or plant form, or (4) any other method, excluding smoking. Patient" is defined as a Minnesota resident who has been diagnosed with a qualifying medical condition by a health care practitioner and who has otherwise met any other requirements for patients under sections 152.22 to 152.37 to participate in the registry program under sections 152.22 to 152.37. The statute specifies a number of "qualifying medical conditions" that would permit a person to use medical cannabis, as allowed by the Commissioner of Health. 177028v1 Page 9 152.23 Medical Nothing in sections 152.22 to 152.37 permits a September cannabis; person to engage in: undertaking any task while 1, 2014 limitations under the influence that would constitute negligence or professional malpractice; possessing or using medical cannabis on a school bus, on the grounds of a school, child care facility, or home daycare, or in any correctional facility; vaporizing medical cannabis in any public place, including public transportation, or where the vapor would be inhaled by a nonpatient child; and operating any motor vehicle or equipment while under the influence of medical cannabis. Nothing in sections 152.22 to 152.37 requires a medical assistance program, including MinnesotaCare, to reimburse for costs associated with the medical use of cannabis. 152.32 Medical There is a presumption that a patient enrolled in the September cannabis; registry program under sections 152.22 to 152.37 is 1, 2014 protections engaged in the authorized use of medical cannabis. from registry This can be rebutted if use was not for the purpose of program treating a medical condition. A participant cannot be participants discriminated against based solely on his/her patient status by a school or landlord; in obtaining custody or visitation rights or parenting time (unless that would violate federal law); or by an employer unless the patient is engaging in or possessing medical cannabis at place of employment or during working hours (unless that would violate federal law). 152.33 Medical It is a felony punishable by up to two years for a September cannabis; manufacturer or an agent of a manufacturer to 1, 2014 violations transfer medical cannabis to a person other than a patient or a registered designated caregiver including a parent/legal guardian of a patient). A person who makes intentionally false statements about any fact or circumstance relating to the medical use of cannabis is guilty of misdemeanor. A person who knowingly submits false records to register as a manufacturer of medical cannabis is guilty of a felony, punishable by up to two years in jail. If a health care practitioner holds a financial interest in a manufacturer and knowingly refers patients to that manufacturer or designated caregiver who advertises as a manufacturer, then the health care practitioner is guilty of a misdemeanor. 177o2svi Page 10 168.002, Transportation; Statute amended to change the definition of July 1, subd. 15 definition of limousine to include vehicles with a seating capacity 2014 limousine of up to 15 people, including the driver. The definition used to include vehicles with a seating capacity of up to 12 people, excluding the driver. 168.128, Transportation; Statute amended to include the new insurance July 1, subd. 2 limousine coverage amounts necessary to obtain limousine 2014 plates. plates. 168.128, Transportation; Statute amended to increase the minimum aggregate July 1, subd. 3 limousine amount of insurance from $300,000 to $1,500,000. 2014 insurance 169.09 Traffic and Statute amended to require driver of a motor vehicle August 1, public safety; involved in a collision to stop at the scene of the 2014 accidents collision or as close to the scene as possible and "to reasonably investigate what was struck"; the stop must be made without unnecessarily obstructing traffic. A driver is required to remain at the scene if the driver knows or has reason to know the collision resulted in injury to or death of another or that the collision involved damage to a vehicle driven or attended to by another; failure to do is a misdemeanor. If a driver "knows or has reason to know" that a collision occurred with an unattended vehicle or property, the driver must make an effort to find the owner or person in charge of the property. 169.16 Traffic and This statute was repealed in an effort to eliminate or August 1, public safety; modernize antiquated, unnecessary, redundant, or 2014 speed on a obsolete provisions. bridge 169.19, Traffic and When it is necessary to accommodate a vehicle's August 1, subd. 1 public safety; configuration, a driver may make an otherwise 2014 turning at an illegal wide right-hand turn into a lane that is not the intersection one closest to the right-hand curb, as necessary to make a U-turn, if safe to do so. 169.19, Traffic and When it is necessary to accommodate a vehicle's August 1, subd. 2 public safety; configuration, a driver may turn into the farthest lane 2014 making a U- and temporarily use the shoulder to make a U-turn. turn 169.835 Traffic and This statute was repealed. August 1, public safety; 2014 federal qualifying highway 177028v1 Page 11 169.867 Traffic and This statute was repealed. August 1, public safety; 2014 special milk - hauling permit 169A.03, DWI law; Statute was amended to add the new crimes to the August 1, subd. 20, definitions list of prior offenses that trigger enhancement: 2014 21; Criminal Vehicular Operation causing death or 169A.24, injury to an unborn child (if substance related). subd. 1 169A.60, DWI law; Stop This statute was repealed. It previously permitted a August 1, subd. 18 of vehicles peace officer to stop vehicles bearing special series 2014 bearing special registration plates for the purpose of determining plates. whether the driver had a valid driver's license. This was found unconstitutional in State v. Henning, 666 N.W.2d 379 (Minn. 2003) 171.306, Traffic and Statute amended to limit those who may apply for July 1, subd. 4 public safety; conditional reinstatement, subject to ignition 2014 issuance of interlock, to those participants who have fewer than restricted two qualified prior impaired driving incidents in ten license years or three in life. If a person's license was (1) revoked due to a manslaughter criminal vehicular homicide conviction; (2) suspended due to a certification or charge of criminal vehicular operation with alcohol involved and that resulted in some degree of bodily harm, but not death, then the person must enroll in a chemical dependency treatment program before applying for a limited license. Under those circumstances, eligibility is also limited to participants who have fewer than two qualified prior impaired driving incidents in ten years or three in life. 243.1605 Corrections; Article XV, Section A amended regarding timing August 1, interstate periods for detaining a parolee or probationer. When 2014 compact for there is a risk of public safety, officers can detain the adult offender parolee or probationer for 12 business days prior to supervision a probable cause hearing being held if it appears that retaking or reincarceration is likely to follow. 245C.22, Expungement If the Commissioner of Human Services disqualifies August 1, subd. 7 of criminal an applicant based on the expunged record, that data 2014 record must be private. 245C.23, Expungement Prohibits the Commissioner of Human Services from August 1, subd. 1 of criminal notifying an employer of an expunged criminal 2014 record record when the Commissioner disqualifies an applicant based on the expunged offense. 1770280 Page 12 25313.07, Civil Statute amended to allow simultaneous competency August 1, subd. 2a commitments; and civil commitment examinations pursuant to rule 2014 plea 20.04 when criminal charges are pending if the originating prosecutor, defense counsel, or court doubt the from criminal defendant's competency and the prosecutor and proceedings defense counsel agree simultaneous examinations are appropriate. 26013.198, Expungement Statute amended allowing court to expunge all January 1, subd. 6 of criminal records relating to delinquency rather than just the 2015 record adjudication of delinquency if the court determines the benefit to the subject outweighs the detriment to the public safety. The statute outlines various factors the court should consider and gives courts authority to expunge records held by the executive branch entities. Sharing of records between criminal justice agencies is still authorized. 260C.201, Domestic If a court finds a child is a victim of domestic child August 1, subd. 3 violence; abuse and the abuser had proper notice and 2014 domestic child opportunity to participate at the hearing, the court abuse must prohibit the abuser from possessing firearms, The abusing party shall transfer any firearms to a federal licensed firearms dealer, a law enforcement agency, or a third party who may lawfully receive them within 3 business days; proof of transfer must be filed by the abusing party within 2 business days of the transfer. If a court makes a determination by the preponderance of the evidence that the abuser poses an imminent risk of causing another person substantial bodily harm, the court must order the local law enforcement agency take immediate possession of all firearms in the abuser's possession. 299C.157 Forensic This new statute sets forth standards for forensic January 1, laboratories; laboratory testing. New statute requiring any 2015 accreditation laboratories to be accredited and conform to the appropriate quality assurance standards set forth by the FBI, ILAC & ISO/IEC before the laboratory may perform certain tests (DNA, toxicology, identification of controlled substances, trace evidence, latent print, impression evidence, firearms, toolmarks, questioned documents, or bloodstain pattern analysis). 177o28vi Page 13 325E.319 Wireless Every wireless device dealer is required to keep a July 1, communication written record for every purchase or acquisition of a 2014 devices; used wireless communication device for resale for acquisition for three years and make records available for law resale enforcement inspection at any reasonable time. The record shall include a description of the device, the time, date and place of purchase, the name and address of the seller, the check or electronic transfer number, the seller's identification, and a signed statement from the seller that the device is not stolen. Wireless communication dealers shall not make false entries, refuse inspection, or fail to record transactions. Payments shall be made by check or electronic transfer only. Wireless communication dealers are required to install and maintain a video surveillance camera to record a frontal view of each seller and retain recordings for 30 days. When law enforcement has probable cause to believe a device is stolen, they may put an investigative hold on an item for an initial 30 days. Violation of this statute is a misdemeanor. Statute does not apply to returns to the store of original purchase. 325F.698 Wireless Any smartphone manufactured on or after July 1, July 1, communication 2015, and sold or purchased in Minnesota must have 2015 devices; smart a "kill switch," to allow for the deletion of all data in phone antitheft the event the phone is stolen or lost. This must also protection be reversible if the phone is recovered and given to the owner. Wireless telecommunications providers and equipment manufacturers cannot charge additional fees for the kill switch. If the provider does not include a kill switch on a smartphone, then the provider must insure the phone against theft at no cost to the buyer. 332.70, Expungement A business screening service that knows a criminal January 1, subd. 3a of criminal record has been sealed, expunged, or is the subject of 2015 record a pardon must promptly delete the record. 504B.171, Landlord All leases are deemed to contain a clause that August 1, subd. 1 tenant law; prohibits a tenant from committing acts of domestic 2014 terms of abuse, criminal sexual assault, or stalking against a covenant tenant or any authorized occupant. 177028v1 Page 14 50413.206 Landlord A tenant is now permitted to terminate a lease if the August 1, tenant law; tenant fears imminent violence after being subject of 2014 rights of an act of domestic abuse under 51813.01, criminal victims of sexual conduct, or stalking. The previous statute violence to required a victim to have a no -contact order or order terminate lease for protection against the perpetrator. The landlord may request the perpetrator's name, but the tenant may decline. 50413.285 Landlord A landlord may not start an eviction action against a August 1, tenant law; tenant based solely on the tenant or occupant having 2014 eviction been the victim of domestic abuse, sexual assault, or grounds stalking. 518.01, Domestic New provision pertaining to abusers and firearms August 1, subd. 6 Abuse Act; outlines the same process for victims of domestic 2014 relief by court abuse as that of victims of domestic child abuse, as described above for section 260C.201. 590.11 Compensating Provides for compensation for exonerated August 1, exonerated individuals. A person is considered "exonerated" and 2014 persons eligible for compensation if the person was convicted of a felony and served some part of a prison sentence. To receive compensation based on innocence, the exonerated person must prove his/her innocence by clear and convincing evidence. To receive compensation in the interests of justice, a prosecutor would have to join in the petition and state that the person would not have been prosecuted, had the prosecutor known all of the circumstances. A panel of three attorneys or judges appointed by the Supreme Court will hear all claims. 604A.04 Good A Good Samaritan, who is not a health-care July 1, Samaritan; professional, may possess or administer an opiate 2014 overdose antagonist to assist a person the Samaritan believes prevention is experiencing an overdose in good faith. Under these circumstances, the Good Samaritan is immune from criminal prosecution and civil liability. Health care professionals, if acting in good faith, may administer an opiate antagonist without being subject to civil liability or criminal prosecution. 177o28vi Page 15 604A.05 Good Persons acting in good faith seek medical assistance July 1, Samaritan; for another or for themselves regarding a drug- 2014 overdose related overdose is immune from criminal medical prosecution for certain acts that law enforcement assistance may learn of as a result of the person seeking medical attention. Immunity extends to possession of controlled substances; possession of drug paraphernalia; possession or consumption of alcohol under 21; procuring, purchasing, or enabling consumption of alcohol to someone under 21; or any violation of condition or release, probation, furlough, or parole. If the offense is not covered "the act of providing first aid or other medical assistance to someone ... may be used as a mitigating factor in a criminal prosecution." 609.02, Electronic This section, which defines what an electronic August 1, subd. 14 Monitoring monitoring device is, has been repealed. 2014 Devices 609.135, Probationary For a gross misdemeanor conviction of Criminal August 1, subd. 2(b) Period Sexual Conduct in the Fifth Degree, the court may 2014 only order probation for a period of six years. The last year should be on unsupervised probation, unless the Court finds that supervised probation is necessary. 609.135, Electronic This grants a judicial district, rather the August 1, subd. 5a; Monitoring for commissioner of corrections, the authority to use 2014 629.72, Domestic electronic monitoring devices to protect victims of subd. 2a Assault domestic abuse. The statute expands the types of offenses for which electronic monitoring may be used to include: Stalking; Violations of a Harassment Restraining Order; Violations of a Domestic Abuse No Contact Order (DANCO); and Interference with an Emergency Call. The legislature considers this a "pilot project." The statute now also specifies that location data from the electronic monitoring devices is considered security information," and may be shared among law enforcement agencies, probation authorities, prosecutorial agencies, or court services department to monitor the conditions of the defendant's probation. 609.185 First Degree It is now considered First Degree Murder if a August 1, Murder defendant causes the death of a prosecuting attorney 2014 or judge while that person is engaged in the performance of their official duties. This carries a life sentence. 177oz8vi Page 16 609.21, Criminal This statute has been reorganized to separate the May 1, subd. 1, 1 a, Vehicular Criminal Vehicular Homicide provisions from the 2014 5 Homicide and Criminal Vehicular Operation provisions. The Operation penalties remain the same. The word "accident" has been changed to "collision." If a person caused death or great bodily harm, it is no longer an affirmative defense that the person was using a controlled substance as prescribed. 609.2113 Criminal If a person involved in CVO causes substantial April 30, Vehicular bodily harm or bodily harm, it is an affirmative 2014 Operation defense that the person was using a controlled substance as prescribed. 609.2114 Criminal It is now a crime to engage in criminal vehicular April 30, Vehicular operation which results in either death or injury to an 2014 Homicide and unborn child. The maximum penalty for death is 10 Operation years, and the maximum penalty for injury is 5 years. A person may use the affirmative defense that the person was using a controlled substance as prescribed. 609.221, Assault in the It is now considered an Assault in the First Degree to August 1, subd. 2 First Degree use or attempt to use deadly force against a 2014 prosecutor or a judge who is engaged in the performance of a duty. The penalty is up to 20 years in jail and/or a $30,000 fine. 609.2231, Assault in the It is now considered an Assault in the Fourth Degree August 1, subd. 3 Fourth Degree to cause demonstrable bodily harm to or 2014 intentionally throw fluids or feces on a prosecutor or a judge who is engaged in the performance of a duty. It is a felony, and the penalty is up to 2 years in jail and/or a $4,000 fine. 609.2242, Domestic New provisions outline the same process as in August 1, subd. 3 violence; section 260C.201, subd. 3 for persons convicted of a 2014 firearms violation of 609.2242, 609.221, 609.222, 609.224, or 609.2247. Upon conviction, the court shall order the transfer if the court determines the assault was against a family or household member. 609.344, Criminal There is no substantive change to this statute. One of August 1, subd. 1 and sexual conduct the penalties listed in the definition sections has been 2014 subd. 2 in the third moved to the penalty section for organizational degree; crime purposes. defined and penalty 10 177028v1 Page 17 609.3451 Criminal This amendment increases the felony penalty from August 1, sexual conduct five to seven years and from a fine of up to $10,000 2014 in the fifth to a fine of up to $14,000 for a person who engages degree in either (1) nonconsensual sexual conduct with another person, or (2) masturbation or lewd exhibition of the genitals in front of a minor under the age of 16 if the person violates either clause within seven years of. a previous conviction for masturbation/lewd exhibition in front of minor under 16; criminal sexual conduct in the first through fifth degree (§§ 609.342 to 609.3451); criminal sexual predatory conduct (§ 609.3453); indecent exposure 617.23, subd. 2(2) or 3); or child pornography (§ 617.247); or two or more previous convictions for nonconsensual sexual conduct. A juvenile adjudication is not a prior offense for the purposes of this offense. 609.375, Failure to pay The statute has been amended to replace a person's August 1, subd. 1, 7, 8 court-ordered obligation to provide "care and support" to an 2014 support to obligation to provide "court-ordered" support of a spouse or child spouse or child. It is a misdemeanor to fail to pay court-ordered support. 609.531, Forfeitures; A criminal conviction is now required to proceed August 1, subd. 6a forfeiture of with a forfeiture of a person's property criminal 2014 civil procedure activity (not for DWI forfeitures). A criminal conviction is not required if a person is not charged based upon the person's agreement to provide information regarding the criminal activity of another person. State must prove by clear and convincing evidence the property is an instrument or represents the proceeds of the underlying offense. 609.5314, Forfeiture; Hearing time amended from 180 days following the August 1, subd. 3 judicial defendant's filing to 90 days of the conclusion of the 2014 determination criminal case. A "conviction" includes a stay of adjudication and other diversion programs. 609.5316, Forfeiture; In order to forfeit weapons, bullet resistant vests, and August 1, subd. 3 weapons, telephone cloning paraphernalia, there must be a 2014 telephone conviction. These items used to have a specific cloning exception not requiring conviction. paraphernalia, and bullet resistant vests 609.5318, Forfeiture; If a vehicle has been forfeited because of a felony August 1, subd. 1 motor vehicles drive-by shooting, a conviction is required to forfeit 2014 a vehicle. Previously, a conviction was not required. 11 177028v1 Page 18 609.685 Sale of tobacco This amendment expands the definition of tobacco- April 1, to children related products to include "other devices intentional 2014 designed or intended to be used in a manner which enables the chewing, sniffing, smoking or inhalation of vapors of tobacco or tobacco product." It also defines what an "electronic delivery device," which would include an e -cigarette. It is defined broadly as any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product." 609.6855, Sale of It is a misdemeanor to sell tobacco -related products April 1, subd. 1(a) tobacco -related or electronic delivery devices (such as e -cigarettes) 2014 products or to anyone under 18. electronic delivery devices to children 609.7475 Fraudulent Statute amended making it a crime to file fraudulent August 1, financing documents (such as liens, documents with forged 2014 statement; signatures, mortgages, certain financial documents) penalties with a police officer, sheriff, or the Department of Corrections employees because of that person's performance of official duties. Previously, the statute only made it a crime to file false documents with the sheriff in connection with a sheriff s sale, prosecutors, the court, defense attorneys, or the county recorder. It is generally a gross misdemeanor offense, unless the person has a prior offense, or filed the document with the intent to harass or defraud. Under those circumstances, this offense becomes a felony. 609.748; Harassment; A defendant must make a request for a Harassment August 1, subd. 3 contents of Restraining Order (HRO) hearing within 20 days of 2014 restraining service of the petition. The previous statute required order the defendant to make a request within 45 days of filing. 609.749, Stalking; This amendment prohibits a person convicted of a August 1, subd. 8 firearms stalking offense from possessing a firearm. The 2014 previous statute only prohibited the person from possessing a pistol. The provision outlines the same process for transferring firearms as listed for domestic assault convictions in section 609.2242, subd. 3. 12 i77o28vi Page 19 609.763 Lawful gambling fraud; crime It is now a crime to knowingly tamper or alter any component or device used in the conduct or play of electronic pull -tabs or bingo or convert legal gambling into illegal gambling at an establishment licensed under section 340A. The possession of unauthorized electronic pull -tab or bingo devices is a crime. The level of crime is based upon dollar amounts; a misdemeanor for $500 or less; a gross misdemeanor for $500 to $2,500; and a felony for more than $2,500. July 1, 2014 609A.02, Statutory This statute grants judges more discretion to January 1, subd. 3 expungement; expunge criminal offenses. The statute now permits 2015 certain the expungement of certain offenses when criminal petitioners have completed a diversion program or proceedings received a stay of adjudication (guilty plea not accepted), provided the individual has not been charged with a new crime for one year since completion. The statute also permits expungement for offenses petitions who were convicted of or received a stayed sentence for petty misdemeanor or misdemeanor (excluding domestic abuse, sexual assault, OFP, HRO, stalking, or violation of a DANCO cases but only until July 15, 2015) provided the person has not been convicted of a new crime for two years since discharge of the sentence. Petitioners who were convicted of or received a stayed sentence for certain felony offenses and have not been convicted of a new crime for five years since the discharge of the sentence are also eligible for expungement under this statute. 609A.025 Statutory New statute provides that if a prosecutor agrees to January 1, expungement; the sealing of a criminal record for any person 2015 prosecutor described in 609A.02, subd. 3, the court shall seal agreement and the criminal record without the filing of a petition notification unless it determines that the interest of the public and public safety outweighs the disadvantages to the subject. Before agreeing, the prosecutor shall make a good faith effort to notify any identifiable victims who object. The agreement may occur before or after the criminal charges are dismissed for those in diversion or stay of adjudication. 13 177028v1 Page 20 609A.03, Petition to This statute expands the court's authority to expunge January 1, subd. 5 expunge non judicial records. If the court expunges records 2015 criminal under Section 609A.02, the court must seal non - record; nature judicial records unless the agency or jurisdiction of remedy whose records would be affected establishes by clear and convincing evidence that the interest of the public and public safety outweighs the disadvantages to the petitioner for not sealing the record. The court now has the authority to seal expunged records for a petitioner who went through diversion or had a stay of adjudication. There is an extensive list of factors the court considers when determining to seal non - judicial records. The statute prohibits expunged records from being introduced in civil litigation against an employer or landlord for alleged misconduct of an employee or tenant, if the records were expunged before the occurrence giving rise to the civil action. 609A.03, Petition to This statute provides that an expungement does not January 1, subd. 7 expunge seal the DNA records held at the BCA. It also 2015 criminal permitted expunged records to be opened for record; criminal investigation, prosecution, or sentencing. It limitation of permitted a criminal justice agency to see an order expunged record to evaluate a prospective employer. Same limitations still apply to petitions to expunge criminal records. The amended subdivision establishes that the current standards for accessing expunged records apply to records expunged prior to January 1, 2015. 609A.03, Petition to This statute provides similar limitations as set forth January 1, subd. 7a expunge in Section 609A.03, subd. 7, but it applies to records 2015 criminal expunged on or after January 1, 2015. This statute record; provides more limitations to an expungement order. limitation of For example, it permits teaching agencies to review order expunged records for the purpose of teaching licensure. It also permits a victim to request that the expunged record be opened if the victim is in court for a matter relevant to the expunged record. 609A.03, Petition to This amendment expands the current requirements January 1, subd. 8 expunge related to the distribution of expungement orders to 2015 criminal require court administrators to notify petitioners of record; the entities that received the order. If requested, distribution of agencies are required to send a letter to the petitioner expungement confirming that the record has been expunged. Data order on the petitioners mentioned in these letters is classified as private data. 14 177028v1 Page 21 609A.04 Petition to An individual whose record is expunged under this January 1, expunge chapter or others laws is now allowed to bring an 2015 criminal action under section 13.8 against a government record; remedy entity that knowingly opens or exchanges the expunged record in a manner not authorized by law. 609B.202 Criminal This statute has been repealed; it used to revoke a August 1, negligence; person's driver's license for CVO that resulted in a 2014 revocation death of a human being. A person still faces license revocation for this offense, but under a different statute. 611A.0311, Victims; This subdivision has been repealed. It used to require August 1, subd. 3 Domestic each city and county attorney to file a notice of a 2014 abuse prosecution plan for domestic abuse cases with the prosecutors commissioner of public safety. plan 611A.211 Programs for New statute permitting the commissioner of public August 1, victims of safety to award grants to programs which provide 2014 sexual assault support services to victims of sexual assault in violation of sections 609.342 to 609.3453. 611A.45 Programs for New statute permitting the commissioner of public August 1, victims of safety to award grants to programs which provide 2014 crime support services to victims of crime. 624.712, Crime of The following crimes are now considered "crimes of August 1, subd. 5 violence violence:" 5th degree assault, domestic assault, and 2014 domestic assault by strangulation. Felony vehicle theft and looting, and 3rd degree burglary removed from the list. A crime of violence generally makes a person ineligible to possess firearms. 624.713, Firearm law; Amendment prohibits a person convicted of August 1, subd. 1(12) crime of domestic assault or assault involving a household or 2014 and 1(13) violence family member from possessing firearms (for three years) and prohibiting a person subject to an OFP for domestic child abuse as described in 260C.201 from possessing firearms. 624.7144 Allowing an It is a gross misdemeanor for a third party holding a August 1, ineligible firearm for an abuser if the abuser obtains possession 2014 person to of the firearm during a time transfer is prohibited. It access a is an affirmative defense if the third party accepted firearms the firearm and exercised due care to ensure the abusing party could not access the firearm. The abusing party must present a current, valid transferee permit or pass a federal background check through the National Instant Criminal Background Check System before obtaining the firearm again. 15 177028v1 Page 22 626.556, Reporting of New provisions added requiring that counties shall August 1, subd. 11 c maltreatment maintain information of reports alleging child 2014 of minors maltreatment that were not accepted for assessment for 365 days from the date the report was screened out in order to identify repeat reports. 626.557, Reporting of Each county board must designate a common entry July 1, subd. 9 maltreatment point for reports of suspected maltreatment, for use 2015 of vulnerable until the commissioner of human services establishes adults a common point. 626.8464; New part-time These statutes have been repealed. The Peace June 30, 626.8465, peace officer Officer Standards and Training Board will no longer 2014 subd. 3; positions issue part-time peace officer licenses. Existing part - 626.8468, time peace officer licenses will be canceled when the subd. 2 part-time peace officer leave the officer's agency of employment. 626.8468, Part-time Grandfather clause: Statute amended to allow July 1, subd. 1 officers; licensed part-time peace officers employed on or 2014 grandfather before June 30, 2014, to continue employment provision indefinitely. 16 1770280 Page 23 626A.42 Electronic New statute stated that except as otherwise provided, August 1, tracking a government entity may not obtain location 2014 device, information from an electronic monitoring device tracking without a tracking warrant. The warrant must show warrant that there is probable cause that the person who possesses an electronic device is committing, has committed, or is about to commit a crime. The application for a warrant must include the identity of the peace officer making the application; the officer authorizing the application; a full and complete statement of the facts and circumstances relied on by the applicant; and the identity of the person, if known, committing the offense whose location the information is to be obtained. A warrant may be obtained without a warrant when: the electronic device is reported lost or stolen by the owner; is used to respond to the user's call for emergency services; with the informed, affirmative, and documented consent of the owner or user of the device or the legal guardian or next of kin if the owner or user is believed to be deceased or reported missing and unable to be contacted; and in an emergency situation that involves the risk of death or serious physical harm to the person who possesses the device pursuant to sections 237.82 and 237.83. Evidence obtained in violation of this statute shall not be admissible in any criminal, civil, administrative, or other proceeding. 629.34, Peace officers Statutes amended changing the arrest without a August 1, subd. 1 and warrant time on non -felony domestic abuse with 2014 629.341, probable cause from the offense happening in the subd. 1 preceding 72 hours, excluding the day probable cause was established, regardless of whether the assault took place in the presence of an officer. 629.342, Domestic Each law enforcement agency must develop, adopt, August 1, subd. 2 abuse arrests; and implement a written policy regarding arrest 2014 policy procedures for domestic abuse incidents. The section requirements stating that law enforcement agencies that have already developed a written policy regarding arrest procedures for domestic abuse incidents before July 1, 1992, are not required to develop a new policy was removed. 17 177028v1 Page 24 645.241 Punishment for After September 1, 2014, if any act is prohibited by September prohibited acts statute and no penalty for the violation is listed, the 1, 2014 doing of such act shall be a petty misdemeanor punishable by up to a $300 fine only). Prior to this legislation, such acts were misdemeanors. 18 i77o2svi Page 25 500,000.00 450,000.00 400, 000.00 350,000.00 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 2009 2010 Legal Expenses Legal Expenses 2011 2012 2013 Civil Prosecution 2014 2009 2010 2011 2012 2013 2014 Civil 124,720.83 133,622.89 130,064.76 144,334.00 120,059.50 144,799.80 Prosecution 291,470.62 282,950.87 290,448.27 305,798.12 294,199.57 268,726.98 Total 418,200.45 418,583.76 422,524.03 452,144.12 416,272.07 415,540.78 Average Expense Civil 132,933.63 Prosecution 288,932.41 Total 423,877.54 Page 26 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective January 1, 2013, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. Doc. #19660v.22 1 RNK: 11/21/2012 Page 27 B. General Civil Municipal: Lead Attorney $165.00 per hour; Attorneys 150.00 per hour; Law Clerks and Paralegals $45.00 to $80.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $132.00 to $200.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund, with a minimum increment of two-tenths of an hour. D. Meetings: $255.00 per meeting for the first 4 hours, thereafter at the regular hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C, as applicable. E. Criminal Prosecution: A retainer of $ 22,600.00 per month for attorney fees and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals; ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. § 169.1217; and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 3B above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/1 Oths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 50¢ or more photocopies at 20¢ per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) Doc. #19660v.22 2 RNK: 11/21/2012 Page 28 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. of Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: &- .3 , 2012. CITY OF PLYMOUTH BY: Kelli Slavik, Mayor r AND JZ La rie Ahrens, City Manager Dated: y \' O V . 2-7.2012. CAMPBELL KNUTSON Prpj essrona s dation BY: R er N. Knutson, Vice President AND: 9 7 Elliott IXt sch, Vice President Doc. #19660v.22 3 RNK: 11/21/2012 Page 29 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON9 Professional Association THIS AGREEMENT, effective January 1, 2001, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. 19660.06(Clean) 1 PLYMOUTH:CAMPBELL KNTUSON r12/20/00 LEGAL SERVICES AGREEMENT Page 30 B. General Civil Municipal: Lead Attorney $125.00 per hour; Attorneys $115.00 per hour; Law Clerks and Paralegals $40.00 to $60.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $115.00 to $175.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund, with a minimum increment of two-tenths of an hour. D. Meetings: $210.00 per meeting for the first 4 hours, thereafter at the regular hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 313 or 3C, as applicable. E. Criminal Prosecution: A retainer of $19,000.00 per month for attorney fees and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. § 169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 313 above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/1Oths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 50¢ or more photocopies at 20¢ per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 19660.06(Clean) 2 PLYMOUTH:CAMPBELL KNTUSON r12/20/00 LEGAL SERVICES AGREEMENT Page 31 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State of B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: J" - , 2001. CITY OF PLYMOUTH BY: oy, ely ierney, Mayor AND ,,,a d ..- Dwig6ft johns , City Manager 19660.06(Clean) r12/20/00 Dated! 7--, ! , 2001. CA_MEBEI-,L KNUTSON oiessionat Ass ciation BY: Roger N. Knutson, Vice President AND: AK Elliott B. Knetskjice President 3 PLYMOUTH:CAMPBELL KNTUSON LEGAL SERVICES AGREEMENT Page 32 City of Plymouth Resolution 2000-602 APPROVING AMENDED AGREEMENT FOR LEGAL SERVICES PROVIDED BY CAMPBELL KNUTSON, PROFESSIONAL ASSOCIATION BE IT RESOLVED by the City Council of Plymouth, Minnesota, that the agreement for legal services between the City of Plymouth and Campbell Knutson, Professional Association, is hereby approved effective January 1, 2001. Adopted by the Plymouth City Council on December 19, 2000. Page 33 2") o (, 1,94'a AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective January 1, 2006, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. 19660.15 1 PLYMOUTH:CAMPBELL KNUTSON RNK:rl2/05/2005 LEGAL SERVICES AGREEMENT Page 34 B. General Civil Municipal: Lead Attorney $142.00 per hour; Attorneys $129.00 per hour; Law Clerks and Paralegals $41.00 to $74.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $132.00 to $200.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund, with a minimum increment of two-tenths of an hour. D. Meetings: $235.00 per meeting for the first 4 hours, thereafter at the regular hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C, as applicable. E. Criminal Prosecution: A retainer of $20,085.00 per month for attorney fees and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. § 169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 313 above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/1 Oths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 50¢ or more photocopies at 20¢ per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 19660.15 2 PLYMOUTH:CAMPBELL KNUTSON RNK:r12/05/2005 LEGAL SERVICES AGREEMENT Page 35 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. A. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. ZUO4, Dated: GCi%• ,24965. Dated: ` A °J !l , 20 CITY OF PLYMOUTH CAMPBELL KNUTSON Pro ss ona anon BY: BY. dv . J hn on, avor o>;er N.ytutsJon, Vice AND GLui c f AND: '6/ La e Ahrens, City Manager Elliott B. Vetsrh,Vice President 19660.15 3 PLYMOUTH:CAMPBELL KNUTSON RNK:r12/05/2005 LEGAL SERVIC S AGREEMENTPage36 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective January 1, 2007, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal- prosecution riminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30 days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. 19660.17 1 PLYMOUTH:CAMPBELL KNUTSON RNK:r12/18/2006 LEGAL SERVICES AGREEMENT Page 37 B. General Civil Municipal: Lead Attorney $147.00 per hour; Attorneys $134.00 per hour; Law Clerks and Paralegals $42.00 to $77.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $132.00 to $200.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund, with a minimum increment of two-tenths of an hour. D. Meetings: $244.00 per meeting for the first 4 hours, thereafter at the regular hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C, as applicable. E. Criminal Prosecution: A retainer of $20,884.00 per month for attorney fees and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. § 169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 3B above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/1Oths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 50¢ or more photocopies at 20¢ per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 19660.17 2 PLYMOUTH:CAMPBELL KNUTSON RNK:r12/18/2006 LEGAL SERVICES AGREEMENT Page 38 Ave 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State of B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. q Dated: faA , / , 2006. Dated: fl , 2006. CITY OF PLYMOUTH CAMPBELL KNUTSON BY: BY: Kelli Slavik, Mayor Roger Knutson, Vice President AND OC .t L i AND: Laurie Ahrens, City Manager Elliott B. Aitsch, Vice President 19660.17 3 PLYMOUTH:CAMPBELL KNUTSON RNK712/18/2006 LEGAL SERVICES AGREEMENT Page 39 City of Plymouth Resolution 2007-005 APPROVING AMENDED AGREEMENT FOR LEGAL SERVICES PROVIDED BY CAMPBELL KNUTSON, PROFESSIONAL ASSOCIATION BE IT RESOLVED by the Plymouth City Council that the agreement for legal services between the City of Plymouth and Campbell Knutson, Professional Association, is hereby approved. Adopted by the City Council on January 9, 2007. Page 40 Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 • Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association Direct Dial. (651) 234-6222 E-mailAddress: snelson@ck-law.com September 11, 2007 t Ms. Laurie Ahrens, City Managerer City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447-1482 RE: FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES Dear Laurie: Enclosed for the City's files please find fully executed original of the First Amendment to Agreement for Legal Services between the City and Campbell Knutson. SRN:ms Enclosure Regards, CAMPBELL KNUTSON Professional Association BY ... S anR. Nelson, Legal ssistant Page 41 I( FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON, Professional Association THIS AMENDMENT TO AGREEMENT, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney") and is effective as of the later of the date the City or Attorney executes this Amendment. RECITALS 1. The Attorney and the City are parties to that certain Agreement for Legal Services effective January 1, 2007 pursuant to which the Attorney is furnishing general civil municipal and criminal prosecution legal services for the City. 2. The City entered an Agreement A071020 with Hennepin County whereby Hennepin County granted the City file inquiry access to certain information contained in Hennepin County's computerized data files. These files include SILS and Calendar. 3. The City requested permission to extend access to the SILS and Calendar computerized data files on the City's behalf to the Attorney. 4. The County consented to the Attorney's use of SILS and Calendar in the course of performance of services for the City. 5. The parties wish to modify the Agreement for Legal Services to add the following provisions concerning access to computerized data files with Hennepin County. PROVISIONS NOW, THEREFORE, in consideration of the Agreement for Legal Services and the mutual undertakings herein, the parties hereto agree as follows: 133196 1 Page 42 r 1. ACCESS TO DATA INQUIRY FILES WITH HENNEPIN COUNTY. A. The Attorney will comply with all of the terms and conditions specified in the Agreement A071020 between the City and Hennepin County. The terms and conditions of Agreement A071020 are hereby incorporated by reference. B. This Amendment to Agreement for Legal Services and the Agreement for Legal Services will be available to Hennepin County upon request. C. The Attorney will install, maintain, and keep up to date virus protection software and firewall technology on each personal computer or device being connected to Hennepin County's network. D. The Attorney, its employees, officers, agents, contractors, representatives, subcontractors and/or assigns will comply with Hennepin County's computing environment security policies and facility security policies, rules, regulations and directions. E. The Attorney will protect and keep private and secure, any access passwords given to the City and/or the Attorney. The Attorney will not release passwords to any unauthorized individual. F. The Attorney will abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations, and orders relating to data privacy or confidentiality, and as any of the same may be amended. 2. LIABILITY. This Amendment in no way relieves the City of its liabilities or obligations under its Agreement A071020 with Hennepin County. Dated: , 2007. Dated: 10 , 2007. 133196 2 Page 43 CITY OF PLYMOUTH CAMPBELL KNUTSON BY: U BY: ...._.- Kelli Slavik, Mayorger . Knutson, Vice President AND AND: 1% Xe- Ahrens, City Manager Elliotsch, Vice President 133196 3 Page 44 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON9 Professional Association THIS AGREEMENT, effective January 1, 2008, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. 19660.19 1 PLYMOUTH:CAMPBELL KNUTSON RNK:r12/03/2007 LEGAL SERVICES AGREEMENT Page 45 B. General Civil Municipal: Lead Attorney $152.00 per hour; Attorneys $139.00 per hour; Law Clerks and Paralegals $42.00 to $77.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $132.00 to $200.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund, with a minimum increment of two-tenths of an hour. D. Meetings: $250.00 per meeting for the first 4 hours, thereafter at the regular hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C, as applicable. E. Criminal Prosecution: A retainer of $ 21,725.00 per month for attorney fees and legal assistant fees, phis out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. § 169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 3B above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/1 Oths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 50¢ or more photocopies at 20¢ per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 19660.19 2 PLYMOUTH:CAMPBELL KNUTSON RNK:rl2/03/2007 LEGAL SERVICES AGREEMENT Page 46 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State of B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: /o2 - // , 2007. CITY OF PLYMOUTH BY: XkM4 elli Slavik, Mayor AND f v, La rie Ahrens, City Manager Date&' -Z -// '2007. CAMPBELL KNUTSON Professi nal Ass ' tion B — -- oge utson, Vice President AND: Elliott B. et h, Vice President 19660.19 3 PLYMOUTH:CAMPBELL KNUTSON RNK:r12/03/2007 LEGAL SERVICES AGREEMENT Page 47 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON9 Professional Association THIS AGREEMENT, effective March 1, 2009, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. 19660.21 1 PLYMOUTH:CAMPBELL KNUTSON RNK:r02/05/2009 LEGAL SERVICES AGREEMENT Page 48 T B. General Civil Municipal: Lead Attorney $155.00 per hour; Attorneys $141.00 per hour; Law Clerks and Paralegals $42.00 to $78.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $132.00 to $200.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund, with a minimum increment of two-tenths of an hour. D. Meetings: $255.00 per meeting for the first 4 hours, thereafter at the regular hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C, as applicable. E. Criminal Prosecution: A retainer of $ 22,159.00 per month for attorney fees and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. § 169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 3B above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/10ths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 50¢ or more photocopies at 20¢ per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 19660.21 2 PLYMOUTH:CAMPBELL KNUTSON RNK:r02/05/2009 LEGAL SERVICES AGREEMENT Page 49 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State of B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: */0— 12009. CITY OF PLYMOUTH BY: baq::: Kelli Slavik, Mayor AND La 'e Ahrens, City Manager Dated: 3 , 2009. CAMPBELL KNUTSON PreAmaoxalAskodation BY: C Zger N. a on, Vice President AND: iK Elliottetsch, Vice President 19660.21 3 PLYMOUTH:CAMPBELL KNUTSON RNK:r02/05/2009 LEGAL SERVICES AGREEMENT Page 50 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective February 1, 2005, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. 19660.13 1 PLYMOUTH:CAMPBELL KNUTSON RNK:rl2/13/2004 LEGAL SERVICES AGREEMENT Page 51 B. General Civil Municipal: Lead Attorney $138.00 per hour; Attorneys $125.00 per hour; Law Clerks and Paralegals $40.00 to $72.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $132.00 to $178.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund, with a minimum increment of two-tenths of an hour. D. Meetings: $228.00 per meeting for the first 4 hours, thereafter at the regular hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C, as applicable. E. Criminal Prosecution: A retainer of $19,500.00 per month for attorney fees and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. § 169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 3B above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/1Oths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 50¢ or more photocopies at 20¢ per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 19660.13 2 PLYMOUTH:CAMPBELL KNUTSON RNK:rl2/13/2004 LEGAL SERVICES AGREEMENT Page 52 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State of B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: January 21, 2005. CITY OF PLYMOUTH Dated r Z , 20'0-S. BY:; -- oger N. Knutson, Vice President AND: K-U Elliott B. tsch, Vice President 19660.13 3 PLYMOUTH:CAMPBELL KNUTSON RNK:rl2/13/2004 LEGAL SERVICES AGREEMENT Page 53 e AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective January 1, 2003, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. Page 54 B. General Civil Municipal: Lead Attorney $133.00 per hour; Attorneys 121.00 per hour; Law Clerks and Paralegals $40.00 to $70.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $115.00 to $175.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund, with a minimum increment of two-tenths of an hour. D. Meetings: $220.00 per meeting for the first 4 hours, thereafter at the regular hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C, as applicable. E. Criminal Prosecution: A retainer of $19,500.00 per month for attorney fees and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. § 169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 3B above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/10ths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 50¢ or more photocopies at 20¢ per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, Page 55 service of process, etc.) 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. of Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: Je4i . C) , 2003. CITY OF PLYMOUTH Dated: Ai- I' , 2003. Roger N. Knutson, Vice President AND: ff&< Elliott B. Knetsch,i e President Page 56 CITY OF PLYMOUTH RESOLUTION NO. 2003-018 APPROVING AMENDED AGREEMENT FOR LEGAL SERVICES PROVIDED BY CAMPBELL KNUTSON, PROFESSIONAL ASSOCIATION BE IT RESOLVED by the City Council of Plymouth, Minnesota, that the agreement for legal services between the City of Plymouth and Campbell Knutson, Professional Association, is hereby approved effective January 1, 2003. Adopted by the Plymouth City Council on January 7, 2003. Page 57 B. General Civil Municipal: Lead Attorney $136.00 per hour; Attorneys $123.00 per hour; Law Clerks and Paralegals $40.00 to $71.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $130.00 to $175.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund, with a minimum increment of two-tenths of an hour. D. Meetings: $224.00 per meeting for the first 4 hours, thereafter at the regular hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C, as applicable. E. Criminal Prosecution: A retainer of $19,500.00 per month for attorney fees and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. § 169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 3B above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/10ths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 50¢ or more photocopies at 20¢ per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 19660.11 2 PLYMOUTH:CAMPBELL KNTUSON RNK:r12/22/2003 LEGAL SERVICES AGREEMENT Page 58 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective March 1, 2004, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. 19660.11 1 PLYMOUTH:CAMPBELL KNTUSON RNK:r12/22n003 LEGAL SERVICES AGREEMENT Page 59 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State of B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: 2004. CITY OF PLYMOUTH I Dated: F -A)— Z- U , 2004. ger . Knutson, Vice President 7AND: Elliott B. KnetsclAice President 19660.11 3 PLYMOUTH:CAMPBELL KNTUSON RNK:r12/22/2003 LEGAL SERVICES AGREEMENT Page 60 e AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON9 Professional Association. THIS AGREEMENT, effective January 1, 2000, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. 19660.04 1 PLYMOUrH:CAMPBELL KNTUSON r12/22/99 LEGAL SERVICES AGREEMENT Page 61 B. General Civil Municipal: Lead Attorney $119.00 per hour; Attorneys $109.00 per hour; Law Clerks and Paralegals $40.00 to $60.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $115.00 to $175.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund, with a minimum increment of two-tenths of an hour. D. Meetings: $210.00 per meeting until 11:00 p.m., thereafter at the regular hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C, as applicable. E. Criminal Prosecution: A retainer of $17,186.00 per month for attorney fees and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. § 169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 3B above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/10ths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 50¢ or more photocopies at 20¢ per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 04 2 PLYMOUTH:CAMPBELL KNTUSON 1966019660 04 LEGAL SERVICES AGREEMENT r12/2Page 62 a 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State of B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: / 2000. CITY OF PLYMOUTH r BY: Jo cely ierney, /ayo r AND ' j 0 ilr wm Dwightfohnson, Uy Manager Dated: '//27--,2000. 7-1 BY: oger N. Knutson, Vice President AND: A—w Elliott B. Knetsch, Itj President 9660.04 3 PLYMOUCH:CAMPBELL KNTUSON 19660.04 LEGAL SERVICES AGREEMENT City of Plymouth Resolution 2002-018 APPROVING AMENDED AGREEMENT FOR LEGAL SERVICES PROVIDED BY CAMPBELL KNUTSON, PROFESSIONAL ASSOCIATION BE IT RESOLVED by the City Council of Plymouth, Minnesota, that the agreement for legal services between the City of Plymouth and Campbell Knutson, Professional Association, is hereby approved effective January 1, 2002. Adopted by the Plymouth City Council on January 8, 2002. Page 64 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective January 1, 1999, is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. 19660.03 r01/27/99 PLYMOUTHXAMPBELL KNUTSON LEGAL SERVICES AGREEMENT Page 65 B. General Civil Municipal: Lead Attorney $116.00 per hour; Attorneys $106.00 per hour; Law Clerks and Paralegals $40.00 to $60.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $115.00 to $175.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund, with a minimum increment of two-tenths of an hour. D. Meetings: $205.00 per meeting until 11:00 p. m., thereafter at the regular hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C, as applicable. E. Criminal Prosecution: A retainer of $16,686.00 per month for attorney fees and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. 169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 3B above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/10ths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 50C or more photocopies at 20C per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 19660.03 PLYMOUTH:CAMPBELL KNUTSON x01/27/99 2 LEGAL SERVICES AGREEMENT Page 66 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State of B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall be effective the day and year first above written. This Agreement shall not be modified or amended without the approval in writing of the parties. Dated: i -e / , 1999. CITY OF PLYMOUTH BY: .// J cel Tierney, Mayor AND Dwigh Johnson, City Manager 19660.03 r01/27/99 Dated: F c . 1999. V IUC r1GJ1UG11L Vice President PLYMOUTKCAMPBELL KNUTSON 3 LEGAL SERVICES AGREEMENT Page 67 2 1999 Page 68 CITY OF PLYMOUTH RESOLUTION NO. 99 - 030 APPROVING 1997, 1998 AND 1999 FEE INCREASES AND AMENDING CONTRACT FOR LEGAL SERVICES PROVIDED BY CAMPBELL KNUTSON NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the 1997, 1998 and 1999 fee increases for the legal services provided by Campbell Knutson are hereby approved, and the contract dated December 7, 1994 is hereby amended as follows: Legal Service 1997 Rate General Civil 100/hour Lead Attorney (Knutson) 110/hour Prosecution 15,450* Council meetings 200.00 Monthly retainer 1998 Rate 1999 Rate 103/hour 106/hour 113/hour $116/hour 16,200* $16,686* 200 $205 Meeting attendance is rate indicated until 11:00 p.m., and then regular hourly rates thereafter. Adopted by the City Council on January 19, 1999. N:\REFERENC\Council\Council resolutions\Resolutions_199fts&" AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF PLYMOUTH AND CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. THIS AGREEMENT, effective December 5 , 19 94 , is by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL, KNUTSON, SCOTT FUCHS, P.A., a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. ACCEPTANCE OF PROPOSAL. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. CONTRACT TIME. A. The Attorney shall serve at the pleasure of the City Council and City Manager, and may be terminated without cause by resolution of the City Council and the City Manager. B. The Attorney may terminate the contract at any time, provided that the Attorney shall give the City thirty (30) days written notice before the termination becomes effective. 3. PAYMENT. A. The Attorney will bill the City monthly. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set forth in subsections B through G below. 19660 PLYMOUTH:CKS&F r11/21/94 GALS ICESVage r - CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thotims J. Camphcll Roger N. Knutson Thomas M. Scott Gare G. Fuchs lanes R. Walston Elliott R. Knetsch Elizkcth A. Lunzer Andrea McDowell Poehler December 12, 1994 Ms. Kathy Lueckert Assistant City Manager Plymouth City Hall 3400 Plymouth Boulevard Plymouth, Minnesota 55447-1482 RE: AGREEMENT FOR LEGAL SERVICES Dear Kathy: 612)452-5000 Fix (612) 452-5550 po''. LNN9 ! r•Y•Y l waw y Pursuant to your request, enclosed for the City's files please find fully executed Agreement for Legal Services Between the City of Plymouth and Campbell, Knutson, Scott & Fuchs, P.A. Very truly yours, CAMPBELL, KNUTSON, SCOTT FUCHS, P.A. Knutson RNK: srn Enclosure Suite 317 • Eagandale Office Center • 1.380 Corporate Center Curve • Eagan, MN 55121 Page 71 B. General Civil Municipal: Partners $95.00 per hour; Associates $85.00 per hour; Law Clerks and Paralegals $40.00 to $60.00 per hour. C. Pass-through Legal Services: The customary non -municipal hourly rate of the particular attorney doing the work, currently ranging from $95.00 to $150.00 per hour, for legal services the cost for which is to be passed through to third parties or paid for out of a bond or special project fund. D. Meetings: $200.00 per meeting for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C, as applicable. E. Criminal Prosecution: A retainer of $15,000.00 per month for attorney fees and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. 169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section 3B above. F. Minimum Billing Increment: The minimum billing increment for all services is 2/ 10ths of an hour. G. Costs. Out-of-pocket costs without mark-up. Costs include: Westlaw recording fees postage of 5N or more photocopies at 2N per copy long distance telephone calls litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) 19660 PLYMOUTH:CKS&F x11/21/94 2aAL S7110ES 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. S. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more often as deemed appropriate by the City Manager or City Council. 6. MISCELLANEOUS. Minnesota. A. Governing Law. This Agreement shall be governed by the laws of the State of B. Assignment. The Attorney may not assign or refer any of the legal services to be performed hereunder without the consent of the Plymouth City Manager. C. Effective Date. This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the parties. D. Transition. Attorney shall perform services as directed by the City Council or City Manager effective immediately, but shall not attend City Council meetings until the first meeting of the Council in January 1995. Dated: December 7 , 19 94 Dated: / ' - % , 192Y. CITY OF PLYMOUTH C ELL, KNUTSON, SCOTT FUCH , P.A. BY J y ierney, May BY ; er N. Knutson, Vice President AND v, Dwigh(/Johns-oriXity Manager 19660 PLYMOUTH:CKS&F r11/21/94 3 %SnICES CAMPBELL KNUTSON Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Suesan Lea Pace Ms. Kathy Lueckert City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Professional Association Attorneys at Law 651)452-5000 Fax (651) 452-5550 Author's Direct Dial: 23¢6215 February 1, 1999 RE: LEGAL SERVICES AGREEMENT FOR 1999 Dear Kathy: Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron Also licensed in Wisconsin Pursuant to your request, enclosed please find Agreement for Legal Services which has been revised to reflect the fee increases approved by the Council on January 19, 1999. RNK: srn Enclosure Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 Page 74 rp)City of Agenda 2BPlymouthNumber: Adding Quality to Life To: Mayor and City Council SPECIAL COUNCIL MEETING Prepared by: Dave Callister, City Manager January 20, 2015 Item: Set Future Study Sessions Pending Study Session Topics at least 3 Council members have approved the following study items on the list) Rental Housing Ordinance Other Council requests for Study Session Topics: Health insurance premiums (JW) Review hourly rate vs. participant rate for use of playfields (2016 budget) Staff s requests for Study Sessions: Underground power and median improvements on Vicksburg Lane Page 1 r Plymouth Adding Quality to Life January 2015 Modified on 12126114 CHANGES ARE MADE IN RED Page 2 1 2 3 NEW YEAR'S DAY CITY OFFICES CLOSED 4 5 6 7 8 9 10 5:30 PM CANCELLED 7:00 PM SPECIAL COUNCIL PLANNING PARK 8 REC MEETING COMMISSION ADVISORY Council Goals 8 MEETING COMMISSION Legislative Priorities Council Chambers FRAC) MEETING for 2015 Medicine Lake Room Council Chambers 11 12 13 14 15 16 17 7:00 PM 7:00 PM REGULAR COUNCIL ENVIRONMENTAL MEETING QUALITY Council Chambers COMMITTEE 5:30 PM EQC) MEETING SPECIAL COUNCIL Medicine Lake Room MEETING Metropolitan Council Highway 55 BRT Study 18 19 20 21 22 23 24 5:30 PM 7:00 PM 7:00 PM SPECIAL COUNCIL PLANNING HRA MEETING MARTIN LUTHER MEETING COMMISSION KING JR. Update on MEETING BIRTHDAY Prosecution Services Council Chambers Observed Medicine Lake Room CITY OFFICES CLOSED 25 26 27 28 29 30 31 7:00 PM 7:00 PM REGULAR COUNCIL PLYMOUTH MEETING ADVISORY Council Chambers COMMITTEE ON TRANSIT (PACT) MEETING Medicine Lake Room A Modified on 12126114 CHANGES ARE MADE IN RED Page 2 r Plymouth Adding Quality to Life February 2015 1 2 3 4 5 6 7 4:00 - 7:00 PM 7:00 PM 3:00 - 7:00 PM VICKSBURG LANE PLANNING Fire It Ice OPEN HOUSE COMMISSION Festival Medicine Lake Room MEETING Parkers Lake Park Council Chambers 8 9 10 11 12 13 14 7:00 PM 7:00 PM 7:00 PM REGULAR COUNCIL ENVIRONMENTAL PARK Et REC MEETING QUALITY ADVISORY Council Chambers COMMITTEE COMMISSION EQC) MEETING PRAC) MEETING Medicine Lake Room Council Chambers 15 16 17 18 19 20 21 7:00 PM 5:30 PM PRESIDENTS PLANNING BOARD AND DAY COMMISSION COMMISSION MEETING RECOGNITION Council Chambers EVENT CITY OFFICES Plymouth Creek CLOSED Center Ash Wednesday 22 23 24 25 26 27 285:30 PM SPECIAL COUNCIL 7:00 PM MEETING HRA MEETING Park Dedication Fees Medicine Lake Room Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers Modified on 01/07/ 15 CHANGES ARE MADE IN RED Page 3 City of Plymouth Adding Quality to Life March 2015 1 2 3 4 5 6 7 5:30 PM 7:00 PM SPECIAL COUNCIL PLANNING MEETING COMMISSIONPoliceStaffing needs for 2016 MEETING Medicine Lake Room Council Chambers 8 1:00 PM 9 10 11 12 13 14 4:00 PM Healthy Living 7:00 PM 7:00 PM 7:00 PM 9:00 AM - Fair REGULAR COUNCIL ENVIRONMENTAL PARK ft REC 12:00 PM Plymouth Creek MEETING QUALITY ADVISORY City Sampler Center Council Chambers COMMITTEE (EQC) COMMISSION Plymouth City Hall MEETING PRAC) MEETING Daylight Savings Medicine Lake Room Council Chambers Commences Set Clocks Ahead I Hour 15 16 17 18 19 20 21 7:00 PM PLANNING COMMISSION MEETING Council Chambers 22 23 24 25 26 27 28 7:00 PM 7:00 PM 12:00 PM -3:00 PM REGULAR COUNCIL HRA MEETING Spring Bridal Expo MEETING Medicine Lake Room Plymouth Creek Council Chambers Center 29 30 31 Modified on 12101114 CHANGES ARE MADE IN RED Page 4 r Plymouth Adding Quality to Life April 2015 Modified on 11/ 19/ 14 CHANGES ARE MADE IN RED Page 5 1 2 3 4 7:00 PM PLANNING COMMISSION MEETING Council Chambers Good Friday PASSOVER Begins at Sunset 5 6 7 8 9 10 11 7:00 PM 7:00 PM 6:00 PM - 9:00 PM 9:00 AM - 1:00 PM ENVIRONMENTAL PARK Et REC PLYMOUTH HOME PLYMOUTH HOME QUALITY ADVISORY EXPO EXPO COMMITTEE COMMISSION Plymouth Creek Plymouth Creek EQC) MEETING PRAC) MEETING Medicine Lake Room Council Chambers Easter Sunday 12 13 14 15 16 17 18 7:00 PM 7:00 PM Time Varies Time Varies REGULAR COUNCIL PLANNING PRIMAVERA PRIMAVERA MEETING COMMISSION Plymouth Fine Plymouth Fine Council Chambers MEETING Arts Council Show Arts Council Show Council Chambers Plymouth Creek Plymouth Creek Center Center 19 20 21 22 23 24 25 Time Varies Time Varies 7:00 PM 7:00 PM PRIMAVERA PRIMAVERA PLYMOUTH HRA MEETING Plymouth Fine Plymouth Fine ADVISORY Medicine Lake Room Arts Council Arts Council COMMITTEE ON Show Show TRANSIT (PACT) Plymouth Creek Plymouth Creek Center Center MEETING Medicine Lake 26 27 28 6:00 PM 29 30 BOARD OF EQUALIZATION MEETING Council Chambers 7:00 PM REGULAR COUNCIL MEETING Council Chambers Modified on 11/ 19/ 14 CHANGES ARE MADE IN RED Page 5