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88-1793 WHITE - C�TV CIERK � PINK - FINANCE GITY OF SAINT PAUL Council � CANARV - DEPARTMENT File NO. � / � �� BLUE -MAVOR .Council Resolution - Presented y �� `�� Referred To '�'L�"�� Committee: Date l��`� � Out of Committee By Date RESOLVED, that the proper City officials are hereby authorized and directed to execute an Agreement with the Briggs and Morgan law firm whereby said firm will furnish attorneys to work in the Criminal Division of the City Attorney' s office without cost to the City, including Workers Compensation and Unemployment Compensation claims as may arise, but providing for indemnification by the City of any other civil claims that should occur; a copy of said Agreement to be kept on file and of record in the Department of Finance and Management Services. COUNCIL MEMBERS Requested by Department of: Yeas Nays rn�,00a � City Attorney L.o,� In Favor s�- �� . Against BY Sonnen �Ison ��pp D��'i 8 1�W Form Approved by City Attorney Adopted by Council: Date �- /o-�/�88 Certified Ya: d b Council Secreta BY �� g�, � Approve a or. Date �C � 3 � _ Appr ed by Mayor for Sub issi to '1 By '�i�:: !.� � ' �98� ri,n`;;�;':�� ,. � .- . . �/� 9'3 �V° 0127 , City A�torney Dgp�� S aron os e o CONTACT Nl1ME 4 2 71 - PHOpE � October 31, 1988 DATE . . ASSIGN NiFMBER FQR ROUTING URDER: (See reversa side.) Department Director 1 Maqor (or Assistant) ' , �„ Finance and ZLanagement Services Director _ City Clerk _ Budget Director _ � City Attorney (Executed copies) _ TOTAL Nt�MBER OF SIGNATURE PAGES: 5 (Clip all locations for signature.) ��T WILL BE ACHIEVED B� TARIN(i AGTION ON THE ATTACHED MATERIALS? (Purpose/Rationale) � Briggs and Morgan will provide one or more attorneys to act as criminal ; prosecutors in the City Attorney`.s Office to provide adeqt��-ryEp prosecution of petty misdemeanors, misdemeanors and gross misd�meanors. , � N�V (! � 1a88' MAYUK'b t3r�iCE C�4ST�&EN�:FIT. BUDGETARY. AND PERSONNE?. IMPACTS A�JTICIPATED: . No F.T.E. 's affected - serv�ces will be provided at no cost to City. Cour;c;; P�M��rch Cen FINANCING 30URCE AND BUDGET ACTIVITY NUMBER CHARGED OR CR D� ITED: �� o� 1988 (lsayor's signature not required if under $10,000.) Total Aawv,nt of Transaction: Activity Number: � Funding Source: ' �. � ATTACIi�NTS: (List and number all attachments.) ' , Original and three copies of Agreement between City and Briggs and i�rga law firm. AD1rIINISTRATIVE PROCEDURES , � _Yes X No Rules, Regulations, Procedures, or Budget Amendment required? _Yes _No If yes, are they or tfinetable attached?,� D�PARTMENT 'REVIEW CITY ATTORNEY �RSVIEW _Yes _No Council resolution required? . Resolution raquired? ✓Yes „_N Yes X No Insurance required? Insurance sufficient? Yes _N Yes X No Insurance attached? � � - ��-1� � � AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND BRIGGS AND MaR6AN,P.A. --- - --� - This agreement is made and entered into on the day of October, 1988, by and between the City of Saint Paul ("City) and the law firm of Briggs and Morgan, P.A. RECITALS 1. The City, in order to provide its citizens with adequate prosecution of petty misdemeanors, misdemeanors, and gross misdemeanors desires to obtain prosecution skills and services from members of the local bar at a minimum cost; and 2: Briggs and Morgan, P.A. has a number of practicing attorneys and it would be beneficial to Briggs and Morgan, P.A. to have those attorneys gain additional trial experience; and 3 . This agreement is authorized by and subject to the laws of Minnesota. Minn. Stat. 15.51-15.59 (1986) . UNDERSTANDINGS l. Briggs ar�3 2forgar., P.A. will send �o th� Sain� Fau1 City Attorney's Office, Criminal Division, one or more attorneys ("Special Assistant City Attorneys") to act as criminal prosecutors in the City Attorney's Office for a period of approximately three months and for additional such periods thereafter until this agreement is terminated by either of the parties. In no event 1 � , � � � 3 �g shall any assignment exceed the limitations set forth in Minn. Stat. 15.53 (1986) . 2. Under the direction and supervision of the City Attorney, - the Special Assistant City Attorney�il -draft complaint�, `hanale arraignments and pre-trials, negotiate plea bargains, try court and jury trial cases, handle appeals, and perform any and all other functions and duties currently performed by prosecutors in the Criminal Division of the City Attorney's Office. Special emphasis shall be placed on permitting the Special Assistant City Attorney to try cases before juries in order to improve the Special Assistant City Attorney's trial skills. 3 . The Special Assistant City Attorney shall perform no functions or duties performed by members of the Civil Division of the City Attorney's Office and the Special Assistant City Attorney's only contacts with the Civil Division shall be only on an informal basis or in the performance of the duties as a member of the Criminal Division. 4. In performance of the 5pecial Assistant City Attorney's functions and duties, the Special Assistant City Attorney shall abide by the rules, regulations, and policies of the City Attorney's Office, shall abide by the Code of Professional Responsibility, and shall be responsible to the City of St. Paul and its citizens. 5. During the Special Assistant City Attorney's stay at the City Attorney's Office, the Special Assistant City Attorney shall avoid all conflicts of interest with Briggs and Morgan, P.A. in 2 - � , . �-�� this regard, during the pendency of this agreement, Briggs and Morgan, P.A. agrees to notify promptly in writing the Chief Prosecutor and the Special Assistant City Attorney that Briggs and - Morgan, P.A. is accepting the r�sentation of-�any - criminal defendants being prosecuted by the St. Paul City Attorney's Office. While at the City Attorney's Office, the Special Assistant City Attorney will insulate himself from all criminal matters concerning present clients of Briggs and Morgan, P.A. where, by its current or prior representation, Briggs and Morgan, P.A. came into possession of client confidences or secrets that relate to the subject matter of the prosecution. It is understood that Briggs and Morgan, P.A. will continue to represent civil clients in matters concerning the City of St. Paul or where the City is an adverse party in civil matters. 6. Briggs and Morgan, P.A. will supply the salary and other incidental benefits to the Special Assistant City Attorney as a donation to the City of St. Paul. The City hereby accepts that donation. 7. In consideration of the services rendered by the Special Assistant City Attorney, the City will provide the Special Assistant City Attorney with office space in the City Attorney's Office as well as secretarial and clerical support and all books, papers and supplies necessary in the performance of the Special Assistant City Attorney's functions and duties. 8. The Special Assistant City Attorney shall work under the direction and supervision of the City Attorney, but shall be deemed 3 � ,.��q3 �� an employee of Briggs and Morgan, P.A. and not an employee of the City. The Special Assistant City Attorney shall be considered on a leave of absence from Briggs and Morgan, P.A. during the stay at - the City Attorney's Office, and if�''rre�essary to the adequa�e and zealous representation of Briggs and Morgan, P.A. clients, shall be permitted from time to time to perform services for those clients as long as they are unrelated to and not in conflict with the prosecutorial duties and functions of the City Attorney's Office. It is understood and agreed between the parties the Briggs and Morgan, P.A. will maintain the necessary workers compensation and unemployment compensation coverages as required by law, and that Briggs and Morgan, P.A. shall be liable as the employer of the Special Assistant City Attorney for workers' compensation and unemployment compensation. 9. In consideration of the services rendered by the Speeial Assistant Attorney(s) , the City agrees to indemnify and hold harmless Briggs and Morgan, P.A. and the Special Assistant City Attorneys from any claims and causes of action arising out of the Special City Attorney�s activities in the Saint Paul City Attorney's Office, Criminal Division. 10. This agreement may be terminated by either party at any time by giving the other party a written notice thereof by mail. 4 - , �� LAW FIRM - BY - -- -- CITY OF SAINT PAUL B Mayor Appro d as to Form By Director of Finance and Management Services Assistan City Attorney By City Attorney 5 < � . . �/o �/� / '� �./ °�� CITY OF SAINT PAUL s-�� . ��;`0 '�, OFFICE OF 7HE CITY ATTORNEY �,� iiii�i'�ii�ii �' <;.. EDWARD P. STARR, CITY ATTORNEY "'rc4„«°,,fi>>�`�` 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR October 31, 1988 Council President James Scheibel 716 City Hall Dear Council President Scheibel : Enclosed please find one Resolution providing for indemnification of an attorney intern assigned to this office. Also enclosed is a copy of my April 1, 1987, letter to Council President Victor Tedesco explaining the background of this resolution. Please present this Resolution to the City Council at your next meeting. Thank you. Yours truly, �� P �'�R EDWARD P. STARR � ��'" �' "' City Attorney Encs . /� . � ,. . gg� 1 � 9� April 1 , 1987 : � ' ' Council President Victor Tedesco . 5eventh Floor - City Hall , Dear Council President Tedesco: Enclosed �please find a Resolution providing for indemnifica4ion � of attorney interns assisgned to this office. _ By way of background, the law � firm of Rooins Zelle Larson & Kaplan some time aga approached this office with - a pro�osal � th,at attorneys hired by them undergo an internship with the Criminal Divisiori of our office. It was. their intent that the attorney so assigned would develop their trial skills and ge� a first-hand experience in the court room atmosphere that is part and parcel of our day to day work. The law firm has now proposed formalizing this relationship and has submitted � a contract to that end. The contract woulct provide tha� the Robins firm, would pay all , , of the salary and fringe benefits -of the interns and hold us har:nless for any Workers Compensation or Unemp�.oyment Compensation claims as they arise. They would desire that the City indemnify the firm for any other t,ypes of claims. The possibility of such other claims is � indeed remote and we have never er.perienced any such claims as yet with our regular staff; but we understand . the Robins firm's desire to protect itself. The claims that they are asking us to indemnify them against would b� such � things as gross attorney misconduct, etc. , ` leading to some sort of a civil suit . ' ' In view of the fact `�that the City is a beneficiary of . the re- lationship with Robins in the internship - program, I have no concern in recommending that the attached resolutio� be considered and passed by the Council to satisfy the Robins firm'.s concern in this area. � - � • Thank you for your kind �consideration oi this request. - � Yours truly� EDWARD P. STARR � . City Attorney . Encl . cc: Mayor, Councilmembers, Gerald Hendrickson ��-�� AGREEMENT � BETWEEN THE CITY OF SAINT PAUL AND BRIGGS AND MORGAN,P.A. This agreement is made and entered into on the day of October, 1988, by and between zhe City of Saint Paul ("City) and the law firm of Briggs and Morgan, P.A. RECITALS 1. The City, in order to provide its citizens with adequate prosecution of petty misdemeanors, misdemeanors, and gross misdemeanors desires to obtain prosecution skills and services from members of the local bar at a minimum cost; and 2. Briggs and Morgan, P.A. has a number of practicing attorneys and it would be beneficial to Briggs and Morgan, P.A. to have those attorneys gain additional trial experience; and 3. This agreement is authorized by and subject to the laws of Minnesota. Minn. Stat. 15.51-15.59 (1986) . UNDERSTANDINGS 1. Briggs ar.d Morgan, P.A. wi3� send to the Saint Pau1 City Attorney's Office, Criminal Division, one or more attorneys ("Special Assistant City Attorneys") to act as criminal prosecutors in the City Attorney's Office for a period of approximately three months and for additional such periods thereafter until this agreement is terminated by either of the parties. In no event 1 �� , � � 93 shall any assignment exceed the limitations set forth in Minn. Stat. 15.53 (1986) . 2. Under the direction and supervision of the City Attorney, the Special Assistant City Attorney will draft complaints, handle arraignments and pre-trials, negotiate plea bargains, try court and jury trial cases, handle appeals, and perform any and all other functions and duties currently performed by prosecutors in the Criminal Division of the City Attorney's Office. Special emphasis shall be placed on permitting the Special Assistant City Attorney to try cases before juries in order to improve the Special Assistant City Attorney's trial skills. 3. The Special Assistant City Attorney shall perform no functions or duties performed by members of the Civil Division of the City Attorney's Office and the Special Assistant City Attorney's only contacts with the Civil Division shall be only on an informal basis or in the performance of the duties as a member of the Criminal Division. 4. In performance of the Special Assistant City Attorney's functions and duties, the Special Assiszant City Attorney shall abide . by the rules, regulations, and policies of the City Attorney's Office, shall abide by the Code of Professional Responsibility, and shall be responsible to the City of St. Paul and its citizens. 5. During the Special Assistant City Attorney's stay at the City Attorney's Office, the Special Assistant City Attorney shall avoid all conflicts of interest with Briggs and Morgan, P.A. in 2 �� , ��3 this regard, during the pendency of this agreement, Briggs and Morgan, P.A. agrees to notify promptly in writing the Chief Prosecutor and the Special Assistant City Attorney that Briggs and Morgan, P.A. is accepting the representation of any criminal defendants being prosecuted by the St. Paul City Attorney's Office. While at the City Attorney's Office, the Special Assistant City Attorney will insulate himself from all criminal matters concerning present clients of Briggs and Morgan, P.A. where, by its current or prior representation, Briggs and Morgan, P.A. came into possession of client confidences or secrets that relate to the subject matter of the prosecution. It is understood that Briggs and Morgan, P.A. will continue to represent civil clients in matters concerning the City of St. Paul or where the City is an adverse party in civil matters. 6. Briggs and Morgan, P.A. will supply the salary and other incidental benefits to the 5pecial Assistant City Attorney as a donation to the City of St. Paul. The City hereby accepts that donation. 7. In consideration of the services rendered by the Special Assistant City Attor;�ey, the City will provide the Special Assistant City Attorney with office space in the City Attorney's Office as well as secretarial and clerical support and all books, papers and supplies necessary in the performance of the Special Assistant City Attorney's functions and duties. 8. The Special Assistant City Attorney shall work under the direction and supervision of the City Attorney, but shall be deemed 3 ��3 an employee of Briggs and Morgan, P.A. and not an employee of the City. The Special Assistant City Attorney shall be considered on a leave of absence from Briggs and Morgan, P.A. during the stay at the City Attorney's Office, and if necessary to the adequate and zealous representation of Briggs and Morgan, P.A. clients, shall be permitted from time to time to perform services for those clients as long as they are unrelated to and not in conflict with the prosecutorial duties and functions of the City Attorney's Office. It is understood and agreed between the parties the Briggs and Morgan, P.A. will maintain the necessary workers compensation and unemployment compensation coverages as required by law, and that Briggs and Morgan, P.A. shall be liable as the employer of the Special Assistant City Attorney for workers' compensation and unemployment compensation. 9. In consideration of the services rendered by the Special Assistant Attorney(s) , the City agrees to indemnify and hold harmless Briggs and Morgan, P.A. and the Special Assistant City Attorneys from any claims and causes of action arising out of the Special City Attorney's activities in the Saint Paul City Attorney's Office, Criminal Division. 10. This agreement may be terminated by either party at any time by giving the other party a written notice thereof by mail. 4 � _. . . . _ � �� LAW FIRM By CITY OF SAINT PAUL B Mayor Appro d as to Form By Director of Finance and Management Services � Assistan City Attorney By City Attorney 5 , GITY OF SAINT PAUL ��ii'ii` , OFFICF. OF TF[E CITY COIINCIL - Committee Report Finance. Manaaement. & Personnel Committee November 28, 1988 I . Approval of minutes of November 14 meeting. Approved 2. Resolution 88-1765 - amending the 1988 budget by Withdrawn indefinitely adding $196,888 to the Financing and Spending Plans for Public Works General Fund. (Referred from Council November 3) 3. Resotution 88-1764 - amending the 1988 budget by Approved as amended adding $2, 100 to the Financing and Spending Plans for Finance and Management Services-General Fund. (Referred from Council November 10) 4. Resolution 88-1786 - requesting the St. Paui Charter Approved as amended Commission to review and make recommendation to the . Council for amendments to chapters 13 and 14 of the Charter pertaining to Acquisition of Property and Improvement Procedures and Assessments. (Referred from Council November 10) 5. Administrative Order D-99�t7 - buget revision in Withdrawn from Police fund. (Referred from Council November 8) discussion 6. Discussion of substitute resolution requesting Laid over one week market survey of salaries. 7. Continued discussion of City Treasurer's Report Discussed regarding Pension Issues. 8. Resolution 88-1793 - directing proper City �ffic�ials Approved to execute an agreement with Briggs and Morgan Law Firm whereby said firm will furnish attorneys to work in the City Attorney's Cr-iminal Division. (Referred from Council November 15) CTTY HALL SEVENTH FLOOR SAINT PAUL. MINNESOTA 55102 s�aa