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98-717Council File # � g " � � � Green Sheet #_62410 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by Refesed To 30 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached professional services contract between the City of Saint Paul and Dennis A. Goldberg & Associates, Inc. d/b/a Goldberg, Swanseon &Paulson. Requested by Aeparnnent of: Office of Labor Relations Adopted by Council: te 1 Adoption Ce ied by Council B Approved by Ma . at B By: �'�/Y lC'"—'_rr' Form A� by City Attorni� $ �L �'�� �� Approve ayor bmission to Councd Y� � � DEPARTMENT/OFFICE/COUNCIL: DATE INTI7AYED � O ' � � � LABOR RELATIONS GREEN SHEET No.:62410 CONTACf PERSON & PAONE: p ua1TInLmATE nv11'iAUUATE NLIE KRAUS 266-6513 � I D Pnx D� a c�rY cour�c�� NUMBER ATfORNEY CI?Y CLERK MUSI BE OI� COUNCIL AGENDA BY (DATE) FOR BUDGEI' DIIL FIN. & MGT. SERVICE DIIi. ROUTING 3 MAYOR (OR ASSI'.) ORDER TOTAL # OF SIGNA7URE PAGES_1 (CLIP ALL LOCATIOIrS FOR SIGNATURE) acrcox xEQUSSren: Approval of contract with Dennis A. Goldberg & Associates for professional services. RECOM1vIENDA770NS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CON'fRACTS MUST ANSWER THE FOLLOWING QUES770NS: _PLANNING COMMISSION _CML SERVICE COMIvASSION 1. Has this penonl5rtn ever worked under a contract for this departrnent? _CIB COMMII'I'EE Yes No _S7'AFF 2. Has this penon/fum ever bcen a city employee? DIS7RICT COUAT Yes No SWPORI'S WH[CR COl1NCIL OBJECTIVE? 3. Dces this persodfivn possess a skill not nonnatty possessed by any curtent city empioyee? Yes No Ezplaio all yes answers on sepanh sheet aud attach to greeo sheet INIITAI'ING PROBLEM, ISSUE, OPPOR7'UNITY (Who, What, When, Where, W6y): FiBeen labor agreements have �pued or will expire this yeaz. At the beginning of a new round of negotiations the Office of Labor Relations faces an ea�tensive increase in the volume and complexity of duties. At this time the professional staff is under complement by one-third, i.e., one position, and the remaining staff is relatively new or limited in the contracts they can work on due to possibie conflicts of interest. To transcend this phase in an effective and tixnely manner, while maintaining the work required on all other labor relations matters, Labor Relations needs the assistance of an outside expert to temporarily augment the staff by performing and completing work on important matters needing timely response or which arise unexpectedly. ADVANTAGES IF APPROVED: The Office of Labor Relations wiIl maintain its workload in a timeiy and effective manner. DLSADVANTAGES IF APPROVED: None. DISADVANTAGESIFNOTAPPROVED: eg��.�' ��SQ��'(;�'j {�QP'i�2P Matters of importance will be unduly delayed or may not be accomplished. �uc o � �ss� TOTAL AMOUNT OF TRANSACTION: BUDGETED: Approximately $20000 FUNDING SOURCE: GL-001. ACTIVITY NUMBER: 00161 COST/REVENUE �S-�� � FINANCIAL INFORMATION: (EXPLAIl� Revenue will come from salary savings. ��_''�� CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this 1�` day of June, 1998, by and between the City of Saint Paul, State of Minnesota, 40Q City Hall Annex, 25 West Fourth Street, St. Paul, Minnesota 5�102 (hereinafter referred to as the City), and Dennis A. Goldberg & Associates, Inc. d/b/a Goldberg, Swanson & Paulsen, i219 Marquette Avenue, Suite 100, Minneapolis, Minnesota 55403 (hereinaf[er refeaed to as GSP), both acting by and through their duly authorized officers and representatives. WHEREAS, the City requires the services of a professionai advisor and representative in labor relations and related matters; and WFIEREAS, GSP is qualified and experienced in the matters relating to the services descrabed herein and desires to provide them to the City; NOW THEREFORE, in consideration of the covenants, terms and provisions of this Agreement, the Parties hereby agree as follows: ARTICLE 1 SCOPE OF SERVICES SECTION 1 Ol - DESCRIPTION OF PROFE�SIONAL SERVICES VJhen requested by the City, GSP shall be authorized to provide the following professional services under this Agreement: i. Consuit with and advise the City in preparation for the ttegotiation of labor agreemenu with organizations who represent the City employees for purposes of collective bazgaining. Such pzeparation shall include, where appropriate, the study and review of existing labor agreements, consultation with the City's elected and appointed officials and its managers and supervisors, and the development of the City's negotiations proposals. ii. Study, review and evaluate the negotiations proposals received by the City from organizations who represent City employees in collective bargaining. iii. Consult with and advise the City, its elected and appointed officials, managers and supervisors, regarding the administration of City labor agreements. Assist the City in the resolution of grievances filed pursuant to the provisions of such agreements either as a member of a dispute resolution committee designated by the City or, as deternuned by the City, as its representative. 6� ��-��`l iv. Consult with and advise the City, its elected and appointed officials, managers and supervisors, regazding the administration of City labor agreements. Assist the City in the resolution of grievances filed pursuant to the provisions of such agreements either as a member of a dispute resolurion committee designated by the City or, as deternuned by the City, as its representative. v. Prepare for, present and argue administrative employment matters coming befoze the Minnesota Bureau of Mediation Services as the City's representauve. vi. Provide other such professional services as related to those described above which the City determines to be necessary, desirable or appropriate from time-to-time on a project or continuing basis. �ECTION 1.02 - GSP PERSONNEL Dennis A. Goldberg shali serve as GSP's principal representative under this Agreement and he shall assume primary responsibility for conducting and/or coordinating ali professional services provided. Professional services under this Agreement shall be performed only by empioyees and affiliates of GSP. No professional service, including by retention of consultants or experts or otherwise, shall be subcontracted to other individuals or organizations without prior written approval of the City. ARTICLE 2 COMPENSATION SECTION 2 Oi - PROFESSIONAL SERVICE FEES The City shall pay GSP an houriy fee for professional services hereinbefore describe� and authorized. Such hourly fee shall be one hundred ten dollazs. SECTION 2.02 - EXPENSES The City shall reimburse CSSP for reasonable, customary and necessary expenses and disbursements incurted by GSP on the City's behalf in performing the services required by this Agreement. Such expenses shall be billed for reimbursement at actual cost and they shali be payable on a monthly basis upon the submission of GSP's invoice. SECTION 2.03 - INVOICES A reasonably detailed invoice shall be submitted by GSP to the CiTy on or before the 20`� day of each month following the month in which services are rendered. Each invoice shalI set forth a brief description of the professional services provided, an itemization of expenses and -2- ��_��� disbursements submitted for reimbursement along with supporting documentation and the total sum payable for the month. T1ie City shall pay CiSP's invoices promptly upon the receipt thereof. ARTICLE 3 TERM AND TERMINATION OF THIS AGREEMENT SECTION 3.01 - TERM AND TERMINATION OF AGREEMENT The effective date of this Agreement shall be June 1, 1998, and it shall remain in effect until January 1, 1999, or until terminated by either party. Either the City or GSP may terminate this Agreement at any time by providing written notification to the other party of its intent to terminate the Agreement at least thirty (30) calendaz days prior to the intended date of termination. SECTION 3.02 - DISPOSITION OF WORHING PAPERS UPON TERMINATION Upon the termination of this Agreement, GSP shall furnish to the City copies or duplicate originals of all working papers, documents or memoranda prepared in connection with the professional services provided under this Agreement and which may not have been previously fumished to the City as well as docuxnents, memoranda and papers associated with all work then in progress. SECTION 3 03 - COMPENSATION UPON TERMINATTON In the event this Agreement is terminated by either Party hereto, the City shail compensate GSP for all professional services satisfactorily provided under this Agreement to the termination date thereo£ The City shall aiso reimburse GSP for any properly incurred expense or disbursement made under the provisions of this Agreement prior to the termination date. ARTICLE 4 MISCELLANEOUS PROVISIONS SECTION 4.01 - DATA; REPORTS: CONFIDENTIALITY The City shall coopente with GSP to facilitate the proper performance of the professional services described by this Agreement and it shall fumish to GSP information, data, reports and records of the City which are necessary for this purpose. Such information, data, reports and records of the City shall remain the property of the City. Such information, data, reports and records, as well as the written product of its work for the City, shall be held by GSP as confidential and shall not be made available to any individual or organization by GSP without the prior approval of the Ciry. -3- ��'�'� SECTION 4.02 - FACII,ITIE5, USE BY GSP Upon GSP's request, the City, within its discretion and available resources, shall provide reasonable office and meeting facilities in its facilities for use by GSP personnel in performing the professional services described by this Agreement. SECTION 4.03 - NON-DISCRIMINATION In the provision of the professional services authotized by this Agreement and in the conduct of its own business, GSP shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status, status with regazd to public assistance or status as a disabled veteran or veteran of the Vietnam era. SECTION 4.04 - INSURANCE If requested by the City, GSP shall furnish a certificate of insurance showing insurance coverage in force throughout the time of the contract in the amounts and types specified herein. GSP shall maintain insurance protection against liability claims which may arise out of or result from the rendering of services under this Agreement as described below: Worker's Compensation Insurance, in accordance with Minnesota Worker's Compensation laws, for all employees engaged under this Agreement. ii. Comprehensive General Liability Insurance with bodily in}ury and property damage in the minimum amount of $500,000 per occurrence. iii. Automobile Liability Insurance on owned, non-owned and hired motor vehicles on or in connection with w under this Agreement in a combined single limit for bodily injury and property damage of not less than $500,000 per occurrence. SEC'I`ION 4.05 - CHANGES TO AGREEMENT The City may, from time-to-time, amend the provisions of this Agreement which shall only be effective if in writing. � �� _� IN WITNESS WFIEREOF, the City and GSP have caused this Agreement to be executed by theu duly authorized representatives whose signatures appear below. DENI�IS A. GOLDBERG & ASSOCIATES INC. d/b/a GOLDBERG, SWANSON & PAULSEN CITY OF ST. PAUL, MIl�INESOTA By �Po a Dennis A. Goldberg President Dated: 6 -z s- � g , Approved as to Form: � ��� Assistant City Attorney BY � � i Mary Ke ey Director of Labor Relations Dated: � 3 1(� sY���� M �Q �ph eid Director, Department of Financial Services Dated: � "� z-y - �0 -5- Council File # � g " � � � Green Sheet #_62410 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by Refesed To 30 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached professional services contract between the City of Saint Paul and Dennis A. Goldberg & Associates, Inc. d/b/a Goldberg, Swanseon &Paulson. Requested by Aeparnnent of: Office of Labor Relations Adopted by Council: te 1 Adoption Ce ied by Council B Approved by Ma . at B By: �'�/Y lC'"—'_rr' Form A� by City Attorni� $ �L �'�� �� Approve ayor bmission to Councd Y� � � DEPARTMENT/OFFICE/COUNCIL: DATE INTI7AYED � O ' � � � LABOR RELATIONS GREEN SHEET No.:62410 CONTACf PERSON & PAONE: p ua1TInLmATE nv11'iAUUATE NLIE KRAUS 266-6513 � I D Pnx D� a c�rY cour�c�� NUMBER ATfORNEY CI?Y CLERK MUSI BE OI� COUNCIL AGENDA BY (DATE) FOR BUDGEI' DIIL FIN. & MGT. SERVICE DIIi. ROUTING 3 MAYOR (OR ASSI'.) ORDER TOTAL # OF SIGNA7URE PAGES_1 (CLIP ALL LOCATIOIrS FOR SIGNATURE) acrcox xEQUSSren: Approval of contract with Dennis A. Goldberg & Associates for professional services. RECOM1vIENDA770NS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CON'fRACTS MUST ANSWER THE FOLLOWING QUES770NS: _PLANNING COMMISSION _CML SERVICE COMIvASSION 1. Has this penonl5rtn ever worked under a contract for this departrnent? _CIB COMMII'I'EE Yes No _S7'AFF 2. Has this penon/fum ever bcen a city employee? DIS7RICT COUAT Yes No SWPORI'S WH[CR COl1NCIL OBJECTIVE? 3. Dces this persodfivn possess a skill not nonnatty possessed by any curtent city empioyee? Yes No Ezplaio all yes answers on sepanh sheet aud attach to greeo sheet INIITAI'ING PROBLEM, ISSUE, OPPOR7'UNITY (Who, What, When, Where, W6y): FiBeen labor agreements have �pued or will expire this yeaz. At the beginning of a new round of negotiations the Office of Labor Relations faces an ea�tensive increase in the volume and complexity of duties. At this time the professional staff is under complement by one-third, i.e., one position, and the remaining staff is relatively new or limited in the contracts they can work on due to possibie conflicts of interest. To transcend this phase in an effective and tixnely manner, while maintaining the work required on all other labor relations matters, Labor Relations needs the assistance of an outside expert to temporarily augment the staff by performing and completing work on important matters needing timely response or which arise unexpectedly. ADVANTAGES IF APPROVED: The Office of Labor Relations wiIl maintain its workload in a timeiy and effective manner. DLSADVANTAGES IF APPROVED: None. DISADVANTAGESIFNOTAPPROVED: eg��.�' ��SQ��'(;�'j {�QP'i�2P Matters of importance will be unduly delayed or may not be accomplished. �uc o � �ss� TOTAL AMOUNT OF TRANSACTION: BUDGETED: Approximately $20000 FUNDING SOURCE: GL-001. ACTIVITY NUMBER: 00161 COST/REVENUE �S-�� � FINANCIAL INFORMATION: (EXPLAIl� Revenue will come from salary savings. ��_''�� CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this 1�` day of June, 1998, by and between the City of Saint Paul, State of Minnesota, 40Q City Hall Annex, 25 West Fourth Street, St. Paul, Minnesota 5�102 (hereinafter referred to as the City), and Dennis A. Goldberg & Associates, Inc. d/b/a Goldberg, Swanson & Paulsen, i219 Marquette Avenue, Suite 100, Minneapolis, Minnesota 55403 (hereinaf[er refeaed to as GSP), both acting by and through their duly authorized officers and representatives. WHEREAS, the City requires the services of a professionai advisor and representative in labor relations and related matters; and WFIEREAS, GSP is qualified and experienced in the matters relating to the services descrabed herein and desires to provide them to the City; NOW THEREFORE, in consideration of the covenants, terms and provisions of this Agreement, the Parties hereby agree as follows: ARTICLE 1 SCOPE OF SERVICES SECTION 1 Ol - DESCRIPTION OF PROFE�SIONAL SERVICES VJhen requested by the City, GSP shall be authorized to provide the following professional services under this Agreement: i. Consuit with and advise the City in preparation for the ttegotiation of labor agreemenu with organizations who represent the City employees for purposes of collective bazgaining. Such pzeparation shall include, where appropriate, the study and review of existing labor agreements, consultation with the City's elected and appointed officials and its managers and supervisors, and the development of the City's negotiations proposals. ii. Study, review and evaluate the negotiations proposals received by the City from organizations who represent City employees in collective bargaining. iii. Consult with and advise the City, its elected and appointed officials, managers and supervisors, regarding the administration of City labor agreements. Assist the City in the resolution of grievances filed pursuant to the provisions of such agreements either as a member of a dispute resolution committee designated by the City or, as deternuned by the City, as its representative. 6� ��-��`l iv. Consult with and advise the City, its elected and appointed officials, managers and supervisors, regazding the administration of City labor agreements. Assist the City in the resolution of grievances filed pursuant to the provisions of such agreements either as a member of a dispute resolurion committee designated by the City or, as deternuned by the City, as its representative. v. Prepare for, present and argue administrative employment matters coming befoze the Minnesota Bureau of Mediation Services as the City's representauve. vi. Provide other such professional services as related to those described above which the City determines to be necessary, desirable or appropriate from time-to-time on a project or continuing basis. �ECTION 1.02 - GSP PERSONNEL Dennis A. Goldberg shali serve as GSP's principal representative under this Agreement and he shall assume primary responsibility for conducting and/or coordinating ali professional services provided. Professional services under this Agreement shall be performed only by empioyees and affiliates of GSP. No professional service, including by retention of consultants or experts or otherwise, shall be subcontracted to other individuals or organizations without prior written approval of the City. ARTICLE 2 COMPENSATION SECTION 2 Oi - PROFESSIONAL SERVICE FEES The City shall pay GSP an houriy fee for professional services hereinbefore describe� and authorized. Such hourly fee shall be one hundred ten dollazs. SECTION 2.02 - EXPENSES The City shall reimburse CSSP for reasonable, customary and necessary expenses and disbursements incurted by GSP on the City's behalf in performing the services required by this Agreement. Such expenses shall be billed for reimbursement at actual cost and they shali be payable on a monthly basis upon the submission of GSP's invoice. SECTION 2.03 - INVOICES A reasonably detailed invoice shall be submitted by GSP to the CiTy on or before the 20`� day of each month following the month in which services are rendered. Each invoice shalI set forth a brief description of the professional services provided, an itemization of expenses and -2- ��_��� disbursements submitted for reimbursement along with supporting documentation and the total sum payable for the month. T1ie City shall pay CiSP's invoices promptly upon the receipt thereof. ARTICLE 3 TERM AND TERMINATION OF THIS AGREEMENT SECTION 3.01 - TERM AND TERMINATION OF AGREEMENT The effective date of this Agreement shall be June 1, 1998, and it shall remain in effect until January 1, 1999, or until terminated by either party. Either the City or GSP may terminate this Agreement at any time by providing written notification to the other party of its intent to terminate the Agreement at least thirty (30) calendaz days prior to the intended date of termination. SECTION 3.02 - DISPOSITION OF WORHING PAPERS UPON TERMINATION Upon the termination of this Agreement, GSP shall furnish to the City copies or duplicate originals of all working papers, documents or memoranda prepared in connection with the professional services provided under this Agreement and which may not have been previously fumished to the City as well as docuxnents, memoranda and papers associated with all work then in progress. SECTION 3 03 - COMPENSATION UPON TERMINATTON In the event this Agreement is terminated by either Party hereto, the City shail compensate GSP for all professional services satisfactorily provided under this Agreement to the termination date thereo£ The City shall aiso reimburse GSP for any properly incurred expense or disbursement made under the provisions of this Agreement prior to the termination date. ARTICLE 4 MISCELLANEOUS PROVISIONS SECTION 4.01 - DATA; REPORTS: CONFIDENTIALITY The City shall coopente with GSP to facilitate the proper performance of the professional services described by this Agreement and it shall fumish to GSP information, data, reports and records of the City which are necessary for this purpose. Such information, data, reports and records of the City shall remain the property of the City. Such information, data, reports and records, as well as the written product of its work for the City, shall be held by GSP as confidential and shall not be made available to any individual or organization by GSP without the prior approval of the Ciry. -3- ��'�'� SECTION 4.02 - FACII,ITIE5, USE BY GSP Upon GSP's request, the City, within its discretion and available resources, shall provide reasonable office and meeting facilities in its facilities for use by GSP personnel in performing the professional services described by this Agreement. SECTION 4.03 - NON-DISCRIMINATION In the provision of the professional services authotized by this Agreement and in the conduct of its own business, GSP shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status, status with regazd to public assistance or status as a disabled veteran or veteran of the Vietnam era. SECTION 4.04 - INSURANCE If requested by the City, GSP shall furnish a certificate of insurance showing insurance coverage in force throughout the time of the contract in the amounts and types specified herein. GSP shall maintain insurance protection against liability claims which may arise out of or result from the rendering of services under this Agreement as described below: Worker's Compensation Insurance, in accordance with Minnesota Worker's Compensation laws, for all employees engaged under this Agreement. ii. Comprehensive General Liability Insurance with bodily in}ury and property damage in the minimum amount of $500,000 per occurrence. iii. Automobile Liability Insurance on owned, non-owned and hired motor vehicles on or in connection with w under this Agreement in a combined single limit for bodily injury and property damage of not less than $500,000 per occurrence. SEC'I`ION 4.05 - CHANGES TO AGREEMENT The City may, from time-to-time, amend the provisions of this Agreement which shall only be effective if in writing. � �� _� IN WITNESS WFIEREOF, the City and GSP have caused this Agreement to be executed by theu duly authorized representatives whose signatures appear below. DENI�IS A. GOLDBERG & ASSOCIATES INC. d/b/a GOLDBERG, SWANSON & PAULSEN CITY OF ST. PAUL, MIl�INESOTA By �Po a Dennis A. Goldberg President Dated: 6 -z s- � g , Approved as to Form: � ��� Assistant City Attorney BY � � i Mary Ke ey Director of Labor Relations Dated: � 3 1(� sY���� M �Q �ph eid Director, Department of Financial Services Dated: � "� z-y - �0 -5- Council File # � g " � � � Green Sheet #_62410 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by Refesed To 30 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached professional services contract between the City of Saint Paul and Dennis A. Goldberg & Associates, Inc. d/b/a Goldberg, Swanseon &Paulson. Requested by Aeparnnent of: Office of Labor Relations Adopted by Council: te 1 Adoption Ce ied by Council B Approved by Ma . at B By: �'�/Y lC'"—'_rr' Form A� by City Attorni� $ �L �'�� �� Approve ayor bmission to Councd Y� � � DEPARTMENT/OFFICE/COUNCIL: DATE INTI7AYED � O ' � � � LABOR RELATIONS GREEN SHEET No.:62410 CONTACf PERSON & PAONE: p ua1TInLmATE nv11'iAUUATE NLIE KRAUS 266-6513 � I D Pnx D� a c�rY cour�c�� NUMBER ATfORNEY CI?Y CLERK MUSI BE OI� COUNCIL AGENDA BY (DATE) FOR BUDGEI' DIIL FIN. & MGT. SERVICE DIIi. ROUTING 3 MAYOR (OR ASSI'.) ORDER TOTAL # OF SIGNA7URE PAGES_1 (CLIP ALL LOCATIOIrS FOR SIGNATURE) acrcox xEQUSSren: Approval of contract with Dennis A. Goldberg & Associates for professional services. RECOM1vIENDA770NS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CON'fRACTS MUST ANSWER THE FOLLOWING QUES770NS: _PLANNING COMMISSION _CML SERVICE COMIvASSION 1. Has this penonl5rtn ever worked under a contract for this departrnent? _CIB COMMII'I'EE Yes No _S7'AFF 2. Has this penon/fum ever bcen a city employee? DIS7RICT COUAT Yes No SWPORI'S WH[CR COl1NCIL OBJECTIVE? 3. Dces this persodfivn possess a skill not nonnatty possessed by any curtent city empioyee? Yes No Ezplaio all yes answers on sepanh sheet aud attach to greeo sheet INIITAI'ING PROBLEM, ISSUE, OPPOR7'UNITY (Who, What, When, Where, W6y): FiBeen labor agreements have �pued or will expire this yeaz. At the beginning of a new round of negotiations the Office of Labor Relations faces an ea�tensive increase in the volume and complexity of duties. At this time the professional staff is under complement by one-third, i.e., one position, and the remaining staff is relatively new or limited in the contracts they can work on due to possibie conflicts of interest. To transcend this phase in an effective and tixnely manner, while maintaining the work required on all other labor relations matters, Labor Relations needs the assistance of an outside expert to temporarily augment the staff by performing and completing work on important matters needing timely response or which arise unexpectedly. ADVANTAGES IF APPROVED: The Office of Labor Relations wiIl maintain its workload in a timeiy and effective manner. DLSADVANTAGES IF APPROVED: None. DISADVANTAGESIFNOTAPPROVED: eg��.�' ��SQ��'(;�'j {�QP'i�2P Matters of importance will be unduly delayed or may not be accomplished. �uc o � �ss� TOTAL AMOUNT OF TRANSACTION: BUDGETED: Approximately $20000 FUNDING SOURCE: GL-001. ACTIVITY NUMBER: 00161 COST/REVENUE �S-�� � FINANCIAL INFORMATION: (EXPLAIl� Revenue will come from salary savings. ��_''�� CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this 1�` day of June, 1998, by and between the City of Saint Paul, State of Minnesota, 40Q City Hall Annex, 25 West Fourth Street, St. Paul, Minnesota 5�102 (hereinafter referred to as the City), and Dennis A. Goldberg & Associates, Inc. d/b/a Goldberg, Swanson & Paulsen, i219 Marquette Avenue, Suite 100, Minneapolis, Minnesota 55403 (hereinaf[er refeaed to as GSP), both acting by and through their duly authorized officers and representatives. WHEREAS, the City requires the services of a professionai advisor and representative in labor relations and related matters; and WFIEREAS, GSP is qualified and experienced in the matters relating to the services descrabed herein and desires to provide them to the City; NOW THEREFORE, in consideration of the covenants, terms and provisions of this Agreement, the Parties hereby agree as follows: ARTICLE 1 SCOPE OF SERVICES SECTION 1 Ol - DESCRIPTION OF PROFE�SIONAL SERVICES VJhen requested by the City, GSP shall be authorized to provide the following professional services under this Agreement: i. Consuit with and advise the City in preparation for the ttegotiation of labor agreemenu with organizations who represent the City employees for purposes of collective bazgaining. Such pzeparation shall include, where appropriate, the study and review of existing labor agreements, consultation with the City's elected and appointed officials and its managers and supervisors, and the development of the City's negotiations proposals. ii. Study, review and evaluate the negotiations proposals received by the City from organizations who represent City employees in collective bargaining. iii. Consult with and advise the City, its elected and appointed officials, managers and supervisors, regarding the administration of City labor agreements. Assist the City in the resolution of grievances filed pursuant to the provisions of such agreements either as a member of a dispute resolution committee designated by the City or, as deternuned by the City, as its representative. 6� ��-��`l iv. Consult with and advise the City, its elected and appointed officials, managers and supervisors, regazding the administration of City labor agreements. Assist the City in the resolution of grievances filed pursuant to the provisions of such agreements either as a member of a dispute resolurion committee designated by the City or, as deternuned by the City, as its representative. v. Prepare for, present and argue administrative employment matters coming befoze the Minnesota Bureau of Mediation Services as the City's representauve. vi. Provide other such professional services as related to those described above which the City determines to be necessary, desirable or appropriate from time-to-time on a project or continuing basis. �ECTION 1.02 - GSP PERSONNEL Dennis A. Goldberg shali serve as GSP's principal representative under this Agreement and he shall assume primary responsibility for conducting and/or coordinating ali professional services provided. Professional services under this Agreement shall be performed only by empioyees and affiliates of GSP. No professional service, including by retention of consultants or experts or otherwise, shall be subcontracted to other individuals or organizations without prior written approval of the City. ARTICLE 2 COMPENSATION SECTION 2 Oi - PROFESSIONAL SERVICE FEES The City shall pay GSP an houriy fee for professional services hereinbefore describe� and authorized. Such hourly fee shall be one hundred ten dollazs. SECTION 2.02 - EXPENSES The City shall reimburse CSSP for reasonable, customary and necessary expenses and disbursements incurted by GSP on the City's behalf in performing the services required by this Agreement. Such expenses shall be billed for reimbursement at actual cost and they shali be payable on a monthly basis upon the submission of GSP's invoice. SECTION 2.03 - INVOICES A reasonably detailed invoice shall be submitted by GSP to the CiTy on or before the 20`� day of each month following the month in which services are rendered. Each invoice shalI set forth a brief description of the professional services provided, an itemization of expenses and -2- ��_��� disbursements submitted for reimbursement along with supporting documentation and the total sum payable for the month. T1ie City shall pay CiSP's invoices promptly upon the receipt thereof. ARTICLE 3 TERM AND TERMINATION OF THIS AGREEMENT SECTION 3.01 - TERM AND TERMINATION OF AGREEMENT The effective date of this Agreement shall be June 1, 1998, and it shall remain in effect until January 1, 1999, or until terminated by either party. Either the City or GSP may terminate this Agreement at any time by providing written notification to the other party of its intent to terminate the Agreement at least thirty (30) calendaz days prior to the intended date of termination. SECTION 3.02 - DISPOSITION OF WORHING PAPERS UPON TERMINATION Upon the termination of this Agreement, GSP shall furnish to the City copies or duplicate originals of all working papers, documents or memoranda prepared in connection with the professional services provided under this Agreement and which may not have been previously fumished to the City as well as docuxnents, memoranda and papers associated with all work then in progress. SECTION 3 03 - COMPENSATION UPON TERMINATTON In the event this Agreement is terminated by either Party hereto, the City shail compensate GSP for all professional services satisfactorily provided under this Agreement to the termination date thereo£ The City shall aiso reimburse GSP for any properly incurred expense or disbursement made under the provisions of this Agreement prior to the termination date. ARTICLE 4 MISCELLANEOUS PROVISIONS SECTION 4.01 - DATA; REPORTS: CONFIDENTIALITY The City shall coopente with GSP to facilitate the proper performance of the professional services described by this Agreement and it shall fumish to GSP information, data, reports and records of the City which are necessary for this purpose. Such information, data, reports and records of the City shall remain the property of the City. Such information, data, reports and records, as well as the written product of its work for the City, shall be held by GSP as confidential and shall not be made available to any individual or organization by GSP without the prior approval of the Ciry. -3- ��'�'� SECTION 4.02 - FACII,ITIE5, USE BY GSP Upon GSP's request, the City, within its discretion and available resources, shall provide reasonable office and meeting facilities in its facilities for use by GSP personnel in performing the professional services described by this Agreement. SECTION 4.03 - NON-DISCRIMINATION In the provision of the professional services authotized by this Agreement and in the conduct of its own business, GSP shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status, status with regazd to public assistance or status as a disabled veteran or veteran of the Vietnam era. SECTION 4.04 - INSURANCE If requested by the City, GSP shall furnish a certificate of insurance showing insurance coverage in force throughout the time of the contract in the amounts and types specified herein. GSP shall maintain insurance protection against liability claims which may arise out of or result from the rendering of services under this Agreement as described below: Worker's Compensation Insurance, in accordance with Minnesota Worker's Compensation laws, for all employees engaged under this Agreement. ii. Comprehensive General Liability Insurance with bodily in}ury and property damage in the minimum amount of $500,000 per occurrence. iii. Automobile Liability Insurance on owned, non-owned and hired motor vehicles on or in connection with w under this Agreement in a combined single limit for bodily injury and property damage of not less than $500,000 per occurrence. SEC'I`ION 4.05 - CHANGES TO AGREEMENT The City may, from time-to-time, amend the provisions of this Agreement which shall only be effective if in writing. � �� _� IN WITNESS WFIEREOF, the City and GSP have caused this Agreement to be executed by theu duly authorized representatives whose signatures appear below. DENI�IS A. GOLDBERG & ASSOCIATES INC. d/b/a GOLDBERG, SWANSON & PAULSEN CITY OF ST. PAUL, MIl�INESOTA By �Po a Dennis A. Goldberg President Dated: 6 -z s- � g , Approved as to Form: � ��� Assistant City Attorney BY � � i Mary Ke ey Director of Labor Relations Dated: � 3 1(� sY���� M �Q �ph eid Director, Department of Financial Services Dated: � "� z-y - �0 -5-