99-441ORIGiNAI.
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented
Referred To
Council File # qQ�
Green Sheet #_63934_
Committee Date
/D
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 Contract between the City of Saint Paul and Craig Ayers of Leonard, Street and Deinard, P.A., for labor
consulting services.
Requested by Department of.
Office of Labor Relations
By: �w 04 ��-e–°—�
Form Approved by Ci Attorney � p
s �� , ° �.f" s �„1 g�
co����
�
Approved by : Date �JIJ Ul� f[�-(C(�C __
By: !
Adopted by Council: Date
�
Adoprion Certified by Council Secretary
!�'
- �.
' DEPARTMENT/OFFICE/COUNCIL: �
LABOR RELATIONS
CONTACC PERSON & PHONE:
JUI,IE KRAUS 266-6513
MUST BE ON COUNCIL AGEFDA BY (DATE)
TOTAL k OF SIGNATURE
DATE INI'C(ATED G�EN SHEET No.: 63934 �Q ��11'
May 11, 1999 � �
INITIAL/DATE INITIAL/DATE
ASSIGN 1 DEPART[vfENl' DIR. �'F< 4 CITY COUNCIL
N[7hIBER 2 CITY ATl'ORNEY � CITY CLERK
FOR BUDGET DIR. � FIN. & MGT. SERVICE DIR.
ROUTING 3 MAYOR (OR ASST.) ,
ORDER
ALL LOCATTONS FOR SIGNAIL�RE)
acizox �QtrESx�n: Approval of contract with Craig Ayers and Leonazd, Street and Deinard, P.A.. for labor
consuitin¢ services.
RECOMMENDA7'IONS: Approve (A) or Reject (R)
PLANNING COMhIISSION _CIVIL SERVICE COMMISSION
CIB COMNIITTEE
STAFF
DI5IRICT COURT
SUPPORTS WI-IICH COUNCIL OBJECTIVE�
PERSONAL SERVICE COi3TRACTS M135T ANSWER TFIE FOLLOWING
QUESTIONS:
1. Has this persodfitm ever worked undec a wnVact for tkiis depamnent?
Yu No
2. Has this person/fiIm ever been a city employee?
Yes No
3. Dces this persodfum possess a skill not notmally possessed by any cucrent city employee?
Yes No
Explaio ali yes answers on separate sheet and attac6 to green sheet
IIv1TIA1'ING PROBLEM, ISSUE, OPPORTi7Ni1']' (Who, W6at, When, Where, Why):
Labor Relations is completing the 1999-2000 round of negotiations. Vacancies e�st in key staff positions. To
finish negotiations in a timely manner short-term labor consulting is needed.
ADVANTAGESIFAPPROVED.
Work will be completed in a timely manner thus avoiding unnecessary tension between unions and City
management.
DISADVAN'CAGES IF A.PPROVED
None
DISADVANTAGES IF NOT APPROVED.
Important matters will be unduly delayed, or may not be accomplished.
ToT.v.aMOVrrroF rxnxsacriox: Approxunately $35,000
�sre so�cE: GL-001
�:°s .,_':': `.�::_'.�.,_.v.. `��.,, w.
�`s,��° � � °���'�
.
COST/REVENUE BUDGETED:
AGTIVI7'Y NUMBER: OOI G I
FINANCIAL INFORMATION: (EICPLAII�
Revenue will come from current salary savings and encumbered salary savings.
April 22, 1999
Ms Mary H. Keamey
City of St. Paul -- Office of Labor Relations
400 City Hal1 Annex
25 West 4th Street
St. Paul, MN 55102-1632
Re: Summary_of Tasks and Projects
Dear Mary.
LEONARD, STRBET AND DEINARD
°1q-y��
PAOFESSIOtiAL ASSOCIAilON
Direct Dial
(612)335-1859
cma1859@leonard.com
As we discussed recently, the following is a list of tasks and projects that I am working on for the
City of St. Paul -- Office of Labor Relations and their status:
1
Unit Clarification Petition for Radio
Communications Technicians
Resolved
2.
3
0
:
�
Q
7
Unit Ciarification Petition for 911
Dispatchers/Telecommunicators
Unit Clarification Petition far Lega1
Assistants and Law Clerks
Resolved
Law Clerks Resolved; hearing
completed; brief due SIl 1/99
Negotiation of Labor Agreement with Met with Business Manager; reseazch
Painters Local 61 done by 7.5.; should finalize next week
Negotiation of Labor Agreement with Met 4(20; should finalize next week
Pipefitters Local 455
Negotiation of Labor Agreement with
Electricians Local 110
Met once with union and again on 4(21
with 7ohn Maczko; two more meetings
set
Negotiation of Labor Agreement with Awaiting statting date from Lany
Cement Masons Bennett
I$O $OO�LH FIFTH $ZREET $UITE 2j00 MINNEAPOLIS� ]b11NNESOZA SSG02 �L 6Z2-jj$'1500 FAX 612-jj$'26j]
LAW OFFICES IN MSNN£APOLIS� SAiNT PAUL AND MANRAIO
Ms. Mary H. Keazney ``' 4 y �
April 22, 1999
Page 2
8. NegotiaUons of Labor Agreement with Met twice; two more meetings set
10.
Manual and Maintenance Supervisors
Negotiation of Labor Agreement of
AFSCME Legal Unit
Meeting set for 4/29 with Clayton
Robinson; mediation set for 5/6/99
Possible Litigation of Essentiality in
Improperly Passed Law
Awaiting decision to proceed
Sincerely,
L , STREET AND DEINARD
Craig M. Ayers
CMA/kdb' �,9s,sz
r,
q9-�t�E 1
CITY OF SAINT PAUL
OFFICE OF LABOR RELATIONS
400 City Hall Annex
25 West Fourth Street
St. Paul, MN 5 5 102-163 1
Telephone: (651)266-6495
Facsimile: (651)292-7656
CONTRACT FOR LABOR CONSULTING SERVICES
CONTRACT NO.:
MATTER: Labor and Consuiting Services
CONTRACT AMOLTNT: (See Below)
This contract is made and entered into by and between the Office of Labor Relations, City
of St. Paul, 400 City Hall Annex, 25 West Fourth Sueet, St. Paul, Minnesota 55102-1631 (herein
referred to as the "Labor Negotiator") and Leonard, Street and Deinard, P.A. (herein referred to
as "LS&D") for the purpose of providing labor consulting services as an Independent Contractor
in the areas of labor relations and contract negotiations.
TI ABOVE-NAMED PARTIES hereby agree as follows:
Section 1. RECITALS AND REPRESENTATIONS.
The Labor Negotiator wishes to retain LS&D as an Independent Contractor to render the
labor consulting services described below.
LS&D is desirous of performing such services and represents that it is e�erienced in
matters relating to the labor consulting contractor services described below, is capable of
performing them, and that the person executing tius contract is authorized to do so.
Section 2. SCOPE OF SERVICES.
A. LS&D will through it selection of the appropriate means and manner provide labor
consulting services to the Office of Labor Relations in connection with the following matters:
1. Provide labor analysis and labor advising on labor relations and contract
negotiation matters, including labor contract administration, arbitration, labor contract
negotiation, human resource practices and related adminis±rative and non-litigation proceedings
which are contracted to LS&D.
1767431.01
J
q�t -44�
2. Present or advocate on behalf of the City with respect to contract
negotiations, arbitrations, unit hearings, or other non-legal matters wluch aze contracted to
LS&D.
3. Reseazch and formulate non-legal opinions or advice and positions on the
above-noted matters.
4. Provide individual andJor group training or assistance to the Labor
Negotiator and/or her staff or designated City officials and employees as directed for the purpose
of acquiring advanced skills in representing the City in labor relations matters.
5. Perform other non-legal labor relationsicollective bargaining tasks
contracted to LS&D.
B. The labor consulting services authorized by tlus contract include, without
limitation, non-legai research and prepazation of advisory memoranda necessary to successfully
complete contracted projects.
C. The labor relations services authorized under tlus contract shall include only those
consulting services initiated or requested, either orally or in writing, by the Labor Negotiator or
such other persons as may be designated, in writing, by the Labor I3egotiator.
Section 3. SER'VICES PRIOR TO CONTRACT DATE.
The parties understand that certain labor relations consulting services, in connection with
the subject matter of this contract, may have been rendered by LS&D prior to the date of this
contract at the request of the Labor Negotiator. Such services aze payable under this contract,
but do not include any matters related to the formation and execution ofthe Contract.
Section 4. LS&D PERSONNEL.
Mr. Craig M. Ayers, Esq. shall serve as LS&D's representative and assume primary
responsibility for coordinating all labor consulting services with the Labor Negotiator. It is
understood by the parties that LS&D may assign responsibility to employees in its employment to
efficiently perform the labor consulting services, subject to objection and removal of other
personnel by the Labor Negotiator.
Services under this contract shall be performed only by employees employed by LS&D
and no services, including retention of associate counsel, consultants or experts, sha11 be
authozized or subcontracted without prior approval of the Labor Negotiator.
LS&D represents that it and all employees providing labor consulting services under tlris
contract are covered by professional liability insurance adequate for the protection of the City of
St. Paul with regard to the services provided.
n6�ast oi 2
r
— 1 `���\
Section 5. TOTAL COMPENSATION.
The City of St. Paul agrees to pay LS&D's fees at $140.00 per hour for services rendered.
Hourly charges aze billed in quarter hour increments.
In addition to this compensation, the City agrees to reimburse LS&D for the actual cost of
all out-of-pocket e�penses and disbursements. Any expenses and disbursements wluch are
anticipated to be of a substantial cost must be authorized or approved in advance by the Labor
Negotiator. Long-distance telephone calis and long-distance faY transmissions, but not local calls
or local calls or local faxing or receipts of faYes, are reimbursed at actual cost.
Westlaw research shall be reimbursed at actual cost to LS&D. Clerical services, printing
or publishing costs are not reimbursed unless the Labor Negotiator requests greater than 10
copies, in which case the City agrees to pay $.25 per page. The Labor Negotiator has the option
of copying materials beyond 10 copies at its own cost.
LS&D agrees to provide the Labor Negotiator with monthly billings, currently mailed
after the 15th of each month. The billings shall be detailed, idenufying personnel utilized on
services, hours chazged, City staff consulted and contain a clear description of work performed.
Expenses shall be similazly detailed.
Section 6. TERM AND TERMINATION OF CONTRACT.
The term of tfus contract is from March _, 1999 to March ,, 2000; however, LS&D
or the Labor Negotiator may ternunate this contract at any time by providing written notice of
such termination at least fifteen (15) calendar days prior to the effective date of such termination.
Upon termination LS&D shall fiunish to the Labor Negotiator copies or duplicate
originals of all documents or memoranda prepared for the City and not previously furnished, and
all work in progress.
Upon termination LS&D shall be entitled to compensation for all services performed and
reimbursement for tbe actual cost of all out-of-pocket expenses and disbursements made under
the contract prior to the effective date of the termination.
Section 7. FINAINGS CONFIDENTIAL.
Any information, data, reports, records, or other materials given to or prepared or
assembled by LS&D under tlus contract shall be kept coafidential and LS&D shail not make any
of this materiai a�ailable to any individuai or organization without prior approval of the Labor
Negotiator.
1767431 07 3
!
°fq �yy�
If any data on individuals is made auailable to LS&D by the City pursuant to tlus contract,
LS&D shall maintain any such data in accordance with the Minuesota Government Data Practices
Act, Minnesota Statutes, chapter 13 and other statutory provisions applicable to the data.
Section 8, REPORTS.
Copies of all memoranda, conespondence, and other work products prepazed or
assembled by LS&D under this contract will be forwazded to the Labor Negotiator.
Section 9. CONFLICT OF INTEREST.
LS&D certifies that it has divulged to the City any and all actual or potential conflicts of
interest within the meaning of the Minnesota Rules of Professional Conduct. LS&D will
immediately divulge to the Labor Negotiator any actuai or potential conflict of interest in which it
becomes awaze during the term of this contract.
Further, LS&D certifies that to the best of its knowledge no City employee has any
pecuniary interest in the business of LS&D or with tius contract and no person associated with
LS&D has any interest that would conflict in any manner or degree with the performance of tlus
contract.
Section 10. AFFII2MAfiIVE ACTION/CERTIFICATE OF COMPLIANCE.
If tlus contract is for a sum in excess of $50,000.00 and because LS&D has had more than
20 full-time employees in the State of Minnesota at any time during the previous 12 months,
LS&D represents that it has an affirmative action plan far the employment of minority persons,
women, and the disabled that has been approved by the Minnesota Commissioner of Human
Rights. Upon request, LS&D wiii promptly provide the Labor Negotiator with a copy of the
Certificate of Compliance from the Commissioner of Human Rights signifying that LS&D has an
approved affirmative action plan.
Section I1. EQUAL EMPLOYMENT OPPORTUNITY.
LS&D agrees not to discruninate against any employee or applicant for employment
because of race, color, religion, sex, or national origin aud to take affirmative action to assure that
applicants and employees aze treated equally with respect to all forms of employment, rates of
pay, training and other forms of compensation.
Section 12. AUDIT.
LS&D agrees to keep and maintain books, records, documents, and other evidence
pertinent to its performance under tlus contract in accordance with generally accepted accounting
principles. LS&D shall maintain such books, records, documents and other evidence until the
latest of the following occurs:
1764431.01 4
q� -yy�
A. Complete per£ormance of tlus contract; or
B. Three (3) yeazs from the date of final payment under this contract; or
C. If any litigation, claim, or audit is commenced during said three (3) yeaz period,
when all such litigatioq claims or audits haue been resolved.
During the time of such maintenance, authorized representatives of the City shall have
access during normal business hours to all such books, records, documents and evidettce for the
purpose of inspection, audit and copying. LS&D shall provide proper facilities for such
inspection, audit or copying.
Section 13. FEDERAL RESTRICTIONS AND DISCLOSURE
REQUIItEMENTS.
This section is included to ensure compliance with federal restrictions and disclosure
requirements found at 31 U.S.C. 1352. With respect to this Contract, LS&D will not have any
contact with any of the £ollowing persons:
A. any officer or employee of any federal agency; or
B. any member of Congress; or
C. any officer or empioyee of Congress; or
D. any employee of a member of Congress;
in connection with any of the following matters related to the City:
A. the awarding of any federal contract; or
B. the making of any federal grant; or
C. the making of any federal loan; or
D. the entering into of any cooperative agreement; or
E. the continuation, renewal, amendment, or modification of any of the preceding
matters;
unless specifically authorized to do so by the Labor Negotiator.
If any such contact occurs, LS&D will immediately report it to the Labor Negotiator.
1767431.01 5
�q-44�
IN WIT'NESS WHEREOF, the City and LS&D have caused this contract to be executed
on the respective dates set forth below.
OFFICE OF LABOR RELATIONS
CITY OF ST. PAUL
Date �— �
By: � � �U__�--�
Mary . eamey V —
Director
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
Date: — 3 I 7 - % � B ,�`
Ro rt Zeglo c�
Shareholder
n
Date: � �� � �
APPROVED AS TO FORM:
--�
, �' �
' �4,=' -�'_
B�:_ _�. ����
Craig M. Ayers/'
Shareholder L..✓�
BY� � �-3�
Di or of t e Department of �
Finance & Management Services
176743101
9�-�►yl
CITY OF SAINT PAUL
OFFICE OF LABOR RELATIONS
400 City Hall Annex
25 West Fourth Street
St. Paul, MN 55102-1631
Telephone: (651)266-6495
Facsimile: (651)292-7656
CONTRACT FOR LABOR CONSULTING SERVICES
CONTRACT NO.:
MATTER: Labor and Consulting Services
CONTRACT AMOLTNT: (See Below)
This contract is made and entered into by and between the Office of Labor Relations, City
of St. Paul, 400 City Ha11 Annex, 25 West Fourth Street, St. Paul, Minnesota 5 5 102-1 63 1 (herein
referred to as the "Labor Negotiator") and Leonazd, Street and Deinazd, P,A. (herein referred to
as "LS&D") for the puzpose of providing labor consulting services as an Independent Contractor
in the areas of labor relations and contract negotiations.
THE ABOVE-NAMED PARTTE5 hereby agree as follows:
Section 1. RECITALS AND REPRESENTATIONS.
The Labor Negotiator wishes to retain LS&D as an Independent Contractor to render the
labor consulting services described below.
LS&D is desirous of perfornung such services and represents that it is experienced in
matters relating to the labor consulting contractor services described below, is capable of
performing them, and that the person executing this contract is authorized to do so.
Section 2. SCOPE OF SERVICES.
A. LS&D will through it selection of the appropriate means and manuer provide labor
consulting servlces to the Office of Labor Relations in connection with the following matters:
1. Provide labor analysis and labor advising on labor relations and contract
negotiation matters, including labor contract administration, arbitration, labor contract
negotiation, human resource practices and related administrative and non-litigation proceedings
wluch aze contracted to LS&D,
1�67431 O1
9q-yy!
2. Present or advocate on behalf of the City with respect to contract
negotiations, arbitrations, unit hearings, or other non-legal matters wlaich aze contracted to
LS&D.
3. Reseazch and formulate non-legal opuuons or advice and positions on the
above-noted matters.
4. Provide individual and/or group training or assistance to the Labor
Negotiator and/or her staff or designated City officials and employees as directed for the purpose
of acquiring advanced skills in representing the City in labor relations matters.
5. Perform other non-legal labor relations/collective bargaining tasks
contracted to LS&D.
B. The labor consulting services authorized by this contract include, without
limitation, non-legal research and prepazation of advisory memoranda necessary to successfully
complete contracted projects.
C. The labor relations services authorized under tlus contract shall include only those
consulting services initiated or requested, either orally or in writing, by the Labor Negotiator or
such other persons as may be designated, in writing, by the Labor Negotiatar.
5ection 3. SERVICES PRIOR TO CONTRACT DATE.
The parties understand that certain labor relations consulting services, in connection with
the subject matter of this contract, may have been rendered by LS&D prior to the date of tlus
contract at the request of the Labor Negotiator. Such seroices aze payable under this contract,
but do not include any matters related to the formation and execution of the Contract.
Section 4. LS&D PERSONNEL.
Mr. Craig M. Ayers, Esq. shall serve as LS&D's representative and assume primary
responsibility for coordinating all labor consuiting services with the Labor Negotiator. It is
understood by the parties that LS&A may assign responsibility to employees in its employment to
efficiently perform the labor consulting services, subject to objection and removal of other
personnel by the Labor Negotiator.
Services under tlus contract sha11 be performed only by employees employed by LS&D
and no services, including retention of associate counsel, consultants or experts, shall be
authorized or subcontracted without prior approval ofthe Labor Negotiator.
LS&D represents that it and a11 empioyees providing ]abor consulting services under t}us
contract are covered by professional liability insurance adequate for the protection of the City of
St. Paul with regard to the services provided.
1767431 O1 2
q4'���
Section 5. TOTAL COMPENSATION.
The Ciry of St. Paul agrees to pay LS&D's fees at $140.00 per hour for services rendered.
Hourly charges are billed in quarter hour increments.
In addition to this compensation, the City agrees to reimburse LS&D for the actual cost of
a11 out-of-pocket e�enses and disbursements. Any e�penses and disbursements wluch aze
anticipated to be of a substantial cost must be authorized or approved in advance by the Labor
Negotiator. Long-distance telephone calls and long-distance fas transmissions, but not local calls
or Iocal calls or 1oca1 fa�ng or receipts of f�es, aze reimbursed at actual cost.
Westlaw research shail be reimbursed at actual cost to LS&D. Clerical services, printing
or publishing costs aze not reimhursed unless the Labor Negotiator requests greater than 10
copies, in which case the City agrees to pay $.25 per page. The Labor Negotiator has the option
of copying materials beyond 10 copies at its own cost.
LS&D agrees to provide the Labor Negotiator with montlily billings, currentiy mailed
after the 15th of each month. The billings shall be detailed, identifying personnel utilized on
services, hours charged, City staff consulted and contain a clear description of work performed.
Expenses shall be similazly detailed.
Section 6. TERM AND TERMINATION OF CONTRACT.
The term of this contract is from March ___, 1999 to March ,, 2000; however, LS&D
or the Labor Negotiator may terminate this contract at any time by providing written notice of
such termination at least fifteen (15) calendar days prior to the effective date of such termination.
Upon termination LS&D shail furnish to the Labor Negotiator copies or duplicate
originals of al1 documents or memoranda prepared for the City and not previously furvished, and
a11 work in progress.
Upon ternunation LS&D shall be entitled to compensation for all services performed and
reimbursement for the actual cost of a11 out-of-pocket e�enses and disbursements made under
the contract prior to the effective date of the ternunation.
Section 7. FINDINGS CONFIDENTIAL.
Any information, data, reports, records, or other materials given to or prepared or
assembled by LS&D under this contract shall be kept confidential and LS&D shalt not make any
of this material available to any individual or organization without prior approval of the Labor
Negotiator.
1767431.01 3
99-'�y �
If any data on individuals is made available to LS&D by the Ciry pursuant to this contract,
LS&D shall maintain any such data in accordance with the Minnesota Government Data Practices
Act, Minnesota Statutes, chapter 13 and other statutory provisions applicable to the data.
Section 8. REPORTS.
Copies of all memoranda, coirespondence, and other work products prepared or
assembled by LS&D under this contract will be forvrazded to the Labor Negotiator.
Section 9. CONFLICT OF INTEREST.
LS&D certifies that it has diwlged to the City any and all actual or potentiai conflicts of
interest witlun the meaning of the Minnesota Rules of Professionai Conduct. LS&D will
immediately diwlge to the Labor Negotiator any actual or potential conflict of interest in which it
becomes aware during the term of this contract.
Further, LS&D certifies that to the best of its knowledge no City employee has any
pecuniary interest in the business of LS&D or with tlus contract and no person associated with
LS&D has any interest that would conflict in any manner or degree with the performance of this
contract.
Section 10. AFFIRMATIVE ACTION/CERTTTICATE OF COMPLIANCE.
If this contract is for a sum in excess of $SO,OOO.Q� and because LS&D has had moze than
20 full-time empioyees in the State of Minnesota at any time during the previous 12 months,
LS&D represents that it has an a�rmative action plan for the empioyment of minority persons,
women, and the disabled that has been approved by the Minnesota Commissioner of Human
Rights. Upon request, LS&D will promptly provide the Labor Negotiator with a copy of the
Certificate of Compliance from the Commissioner of Humau Rights signifying that LS&D has an
approved affumative action plan.
Section 11. EQUAL EMPLOYMENT OPPORTUNITY.
LS&D agrees not to discrnninate against any employee or applicant for employment
because of race, color, religion, sex, or national origin and to take affirmative action to assure that
applicants and employees are treated equally with respect to all forms of employment, rates of
pay, training and other forms of compensatioa
Section 12. AUDIT.
LS&D agrees to keep and maintain books, records, documents, and other evidence
pertinent to its performance under this contract in accordance with generally accepted accounting
principles. LS&D sha11 maintain such books, records, documents and other evidence until the
latest of the following occurs:
i�6�asi oi 4
99 �
A. Complete performance of tlus contract; or
B. Three (3) yeazs from the date of final payment under this contract; or
C. If any litigation, claim, or audit is commenced during said three (3) year period,
when al1 such litigation, claims or audits have been resolved.
During the time of such maintenance, authorized representatives of the City shall have
access during normal business hours to all such books, records, documents and evidence for the
purpose of inspection, audit and copying. LS&D shall provide proper facilities for such
inspection, audit or copying.
Section 13. FEDERAL RESTRICTION5 AND DISCLOSURE
REQUII2EMEI3TS.
Tlus section is included to ensure compliance with federal restrictions and disclosure
requirements found at 31 U.S.C. 1352. With respect to tlus Contract, LS&D will not haue any
contact with any of the following persons:
A. any officer or employee of any federal agency; or
B. any member of Congress; or
C. any officer or employee of Congress; or
D. any employee of a member of Congress;
in connection with any of the following matters related to the City:
A. the awarding of any federal contract; or
B. tbe making of any federal grant; or
C. the making of anp federalloan; or
D. the entering into of any cooperative agreement; or
E. the continuation, renewal, amendment, or modification of any of the preceding
matters;
unless specifically authorized to do so by the Labor Negotiator.
If any such contact occurs, LS&D will immediately report it to the Labor Negotiator.
i767asi ot 5
99-yy�
IN WITNESS WHEREOF, the City and LS&D have caused this contract to be executed
on the respective dates set forth below.
OFFICE OF LABOR RELATIONS
CITY OF ST. PAUL
Date: �'� � � ��S
BY�_ fA��s.: �
Mary`gL-SKearney „�
Director
LEONARD, STREBT AND DEINARD
PROFESSIONAL ASSOCIATION
Date: �—/ � � � By:__��a� f��%�c'Z'V
Robert Zegl h
Shareholder
Date: � �'� �
APPROVED AS TO FORM:
,- ' <� ��
By: t.�'�=''"�' ,: '-.
Craig M. Ayers �
Shareholder
B9 � � �'"'"-c"
i tor o the Department of
Finance & Management Services
176�431.01 6
g9-yy�
CITY OF SAINT PALTL
OFFICE OF LABOR RELATIONS
400 City Hall Annex
25 West Fourth Street
St. Paul, MN 55 1 02-1 63 1
Telephone: (651)266-6495
Facsimile: (651)292-7656
CONTRACT FOR LABOR CONSULTING SERVICES
CONTRACT NO.:
MATTER: Labor and Consulting Services
CONTRACT AMOLJNT: (See Below)
This contract is made and entered into by and between the Office of Labor Relations, City
of St. Paul, 400 City Hall Annex, 25 West Fourth Street, St. Paui, Minnesota 55102-1631 (herein
refened to as the "Labor Negotiator") and Leonard, Street and Deinard, P.A. (herein referred to
as "LS&D") for the purpose of providing labor consulting services as an Independent Contractor
in the areas of labor relations and contract negotiations.
THE ABOVE-NAMED PARTIES hereby agree as follows:
Section 1. RECITALS AND REPItESENTATIONS.
The Labor Negotiator wishes to retain LS&D as an Independent Contractor to render the
iabor consuhing services described below.
LS&D is desirous of performing such services and represents that it is experienced in
matters relating to the labor consulting contractor services described betow, is capa6le of
perfornung them, and that the person executing tlus contract is authorized to do so.
Section 2. SCOPE OF SERVICES.
A. LS&D will through it selection of the appropriate means and manner provide labor
consulting services to the Office of Labor Relations in connection with the following matters:
1. Provide labor analysis and labor advising on labor relations and contract
negotiation matters, including labor contract administration, azbitration, labor contract
negotiation, human resource practices and related administrative and non-litigation proceedings
which aze contracted to LS&D.
1767431 O1
9�—��c�
2. Present or advocate on behalf of the City with respect to contract
negotiations, arbitrations, unit hearings, or other non-legal matters which aze contracted to
LS&D.
3. Research and formulate non-legal opinions or advice and positions on the
above-noted matters.
4. Provide individual and/or group training or assistance to the Labor
Negotiator and/or her staff or designated City officials and employees as directed for the purpose
of acquiring advanced skills in representing the City in labor relations matters.
5. Perform other non-legal labor relations/collective bargaining tasks
contracted to LS&D.
B. The labor consulting services authorized by tlus contract include, without
limitation, non-legal research and preparation of advisory memoranda necessary to successfully
complete contracted projects.
C. The labor relations services authorized under this contract shall inciude only those
consulting services initiated or requested, either orally or in writing, by the Labor Negotiator or
such other persons as may be designated, in writing, by the Labor Negotiator.
Section 3. SERVICES PRIOR TO CONTRACT DATE.
The parties understand that certain labor relations consulting services, in connection with
the subject matter of tbis contract, may have been rendered by LS&D prior to the date of this
contract at the request of the Labor Negotiator. Such services are payable under this contract,
but do not include any matters related to the formation and execution of the Contract.
Section 4. L5&D PERSONNEL.
Mr. Craig M. Ayers, Esq. shall serve as LS&D's representative and assume primary
responsibility for coordinating all labor consulting services with the Labor Negotiator. It is
understood by the parties that LS&D may assign responsibility to employees in its employment to
efficiently perform the labor consulting services, subject to objection and removal of other
personnel by the Labor Negotiator.
Services under this contract shall be performed only by employees employed by LS&D
and no services, including retention of associate counsel, consuitants or e�perts, shall be
authorized or subcontracted without prior approval of the Labor Negotiator.
LS&D represents that it and all employees providing labor consulting services under tlus
contract are covered by professionalliability insurance adequate for the protection of the City of
St. Paul with regard to the services provided.
176�431.01 2
99-yyl
Section 5. TOTAL COMPENSATION.
The City of St. Paul agrees to pay LS&D's fees at $140.00 per how for services rendered.
Hourly charges aze billed in quarter hour increments.
In addition to this compensation, the City agrees to reimburse LS&D for the actual cost of
all out-of-pocket expenses and disbursements. Any e�penses and disbursements wluch aze
anticipated to be of a substantial cost must be authorized or approved in advance by the Labor
Negotiator. Long-distance telephone calls and long-distance faac transmissions, but not local calls
or local calls or local faxing or receipts of f�es, aze reimbursed at actual cost.
Westlaw reseazch shall be reimbursed at actual cost to LS&D. Clerical services, printing
or publishing costs aze not reimbursed unless the Labor Negotiator requests greater than 10
copies, in which case the City agrees to pay $25 per page. The Labor Negotiator has the option
of copying materials beyond 10 copies at its own cost.
LS&D agrees to provide the Labor Negotiator with montlily billings, currently mailed
after the 15th of each month. The billings shall be detailed, identifying personnel utilized on
services, hours charged, City staff consulted and contain a clear description of work performed.
Expenses shall be similarly detailed.
Section 6. TERM ANA TERMINATION OF CON'1RACT.
The term of tlus contract is from March _, 1999 to March _, 2000; however, LS&D
or the Labor Negotiator may terminate this contract at any time by providing written notice of
such termination at least fifteen (15) calendar days prior to the effective date of such termination.
Upon termination LS&D shall furnish to the Labor Negotiator copies or duplicate
originals of all documents or memoranda prepared for the City and not previously furnished, and
a11 work in progress.
Upon terxnination LS&D shall be entitled to compensation for a11 services performed and
reimbursement for the actual cost of all out-of-pocket expenses and disbursements made under
the contract prior to the effective date of the ternunation.
Section 7. FINDINGS CONFIDENTIAL.
Any information, data, reports, records, or other materials given to or prepared or
assembled by LS&D under this contract shall be kept confidential and LS&D shall not make any
of this materiai auailable to any individual or organization without prior approval of the Labor
Negotiator.
1767431 O1
99-4�f�
If any data on individuals is made available to LS&D by the City pursuant to tlus contract,
LS&D shall maintain any such data in accordance with the Minnesota Government Data Practices
Act, Minnesota Statutes, chapter 13 and other statutory provisions applicable to the data.
Section 8. REPORTS.
Copies of all memoranda, conespondence, and other work products prepazed or
assembled by LS&D under this conuact will be fonvazded to the Lahor Negotiator.
Section 9. CONFLICT OF INTEREST.
LS&D certifies that it has diwlged to the City any and a11 actual ar potential conflicts of
interest within the meaning of the Minnesota Rules of Professional Conduct. LS&D wili
immediately diwlge to the Labor Negotiator any actual or potential conflict of interest in wluch it
becomes aware during the term of tlus contract.
Further, LS&D certifies that to the best of its knowledge no City employee has any
pecuniary interest in the business of LS&D or with tiris contract and no person associated with
LS&D has any interest that would conflict in any manner or degree with the perforivance of ttns
contract.
Section 10. AFFIRMATIVE ACTION/CERTIFICATE OF COMPLIANCE.
If this contract is for a sum in excess of $50,000.00 and because LS&D has had more than
20 full-time employees in the State of Minnesota at any time during the previous 12 months,
LS&D represents that it has an affirmative action plan for the employment of minority persons,
women, and the disabled that has been approved by the Minnesota Commissioner of Human
Rights. Upon request, LS&D will promptly provide the Labor Negotiator with a copy of the
Certificate of Compliance from the Commissioner of Humau Rights signifying that LS&D has an
approved affirmative action plan.
Section 11. EQUAL EMPLOYMENT pPPORTUNITY.
LS&D agrees not to discriminate against any employee or applicant for employment
because of race, color, religion, se� or national origin and to take affirmative action to assure that
applicants and employees are treated equally with respect to all forms of employment, rates of
pay, training and other forms of compensation.
Section 12. AUDIT.
LS&D agrees to keep and maintain books, records, documents, and other evidence
pertinent to its performance under tlus contract in accordance with generaliy accepted accounting
principles. L5&D shall maintain such books, records, documents and other evidence until the
latest of the following occurs:
»s�asi o� 4
q9-yy,
A. Complete performance of this contract; or
B. Tbree (3) years from the date of final payment under this contract; or
C. If any litigation, claim, or audit is commenced during said three (3) year period,
when all such litigation, claims or audits have been resolved.
During the time of such maintenance, authorized representatives of the City shall have
access during normal business hows to all such books, records, documents and evidence for the
purpose of inspection, audit and copying. LS&D shall provide proper facilities for such
inspection, audit or copying,
Section 13. FEDERAL RESTRICTIONS AND DISCLOSURE
REQUIItEMENTS.
This section is included to ensure compliance with federal restrictions and disclosure
requirements found at 31 U.S.C. 1352. With respect to this Contract, LS&D will not ha�e any
contact with any of the foilowing persons:
A. any officer or employee of any federal agency; or
B. any member of Congress; or
C. any officer or employee of Congress; or
D. any employee of a member of Congress;
in connection with any of the following matters related to the City:
A. the awarding of any federal contract; or
B. the making of any federal grant; or
C. the making of any federal loan; or
D. the entering into of any cooperative agreement; or
E. the continuation, renewal, amendment, or modification of any of the preceding
matters;
unless specifically authorized to do so by the Labor Negotiator.
If any such contact occurs, LS&D will immediately report it to the Labor Negotiator.
176"/431 Ol 5
99-yy
IN WITNESS WHEREOF, the City and LS&D have caused this contract to be executed
on the respective dates set forth below.
OFFICE OF LABOR RELATIONS
CITY OF ST. PAUL
Date: � -a-3 !��/
Date: �—� 7
� �
Date: '� j f �L1 �
By: ����o r�
Mary . earney
Director
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
By: `
Ro ert Zeglo c
Shareholder
�
Craig M.
APPROVED AS TO FORM:
Assis t City Attome
-�,�3 ,`tti
By: �`r'��� �` ��
Di or of t e Department of
Finance & Management Services
1767431.01
ORIGiNAI.
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented
Referred To
Council File # qQ�
Green Sheet #_63934_
Committee Date
/D
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 Contract between the City of Saint Paul and Craig Ayers of Leonard, Street and Deinard, P.A., for labor
consulting services.
Requested by Department of.
Office of Labor Relations
By: �w 04 ��-e–°—�
Form Approved by Ci Attorney � p
s �� , ° �.f" s �„1 g�
co����
�
Approved by : Date �JIJ Ul� f[�-(C(�C __
By: !
Adopted by Council: Date
�
Adoprion Certified by Council Secretary
!�'
- �.
' DEPARTMENT/OFFICE/COUNCIL: �
LABOR RELATIONS
CONTACC PERSON & PHONE:
JUI,IE KRAUS 266-6513
MUST BE ON COUNCIL AGEFDA BY (DATE)
TOTAL k OF SIGNATURE
DATE INI'C(ATED G�EN SHEET No.: 63934 �Q ��11'
May 11, 1999 � �
INITIAL/DATE INITIAL/DATE
ASSIGN 1 DEPART[vfENl' DIR. �'F< 4 CITY COUNCIL
N[7hIBER 2 CITY ATl'ORNEY � CITY CLERK
FOR BUDGET DIR. � FIN. & MGT. SERVICE DIR.
ROUTING 3 MAYOR (OR ASST.) ,
ORDER
ALL LOCATTONS FOR SIGNAIL�RE)
acizox �QtrESx�n: Approval of contract with Craig Ayers and Leonazd, Street and Deinard, P.A.. for labor
consuitin¢ services.
RECOMMENDA7'IONS: Approve (A) or Reject (R)
PLANNING COMhIISSION _CIVIL SERVICE COMMISSION
CIB COMNIITTEE
STAFF
DI5IRICT COURT
SUPPORTS WI-IICH COUNCIL OBJECTIVE�
PERSONAL SERVICE COi3TRACTS M135T ANSWER TFIE FOLLOWING
QUESTIONS:
1. Has this persodfitm ever worked undec a wnVact for tkiis depamnent?
Yu No
2. Has this person/fiIm ever been a city employee?
Yes No
3. Dces this persodfum possess a skill not notmally possessed by any cucrent city employee?
Yes No
Explaio ali yes answers on separate sheet and attac6 to green sheet
IIv1TIA1'ING PROBLEM, ISSUE, OPPORTi7Ni1']' (Who, W6at, When, Where, Why):
Labor Relations is completing the 1999-2000 round of negotiations. Vacancies e�st in key staff positions. To
finish negotiations in a timely manner short-term labor consulting is needed.
ADVANTAGESIFAPPROVED.
Work will be completed in a timely manner thus avoiding unnecessary tension between unions and City
management.
DISADVAN'CAGES IF A.PPROVED
None
DISADVANTAGES IF NOT APPROVED.
Important matters will be unduly delayed, or may not be accomplished.
ToT.v.aMOVrrroF rxnxsacriox: Approxunately $35,000
�sre so�cE: GL-001
�:°s .,_':': `.�::_'.�.,_.v.. `��.,, w.
�`s,��° � � °���'�
.
COST/REVENUE BUDGETED:
AGTIVI7'Y NUMBER: OOI G I
FINANCIAL INFORMATION: (EICPLAII�
Revenue will come from current salary savings and encumbered salary savings.
April 22, 1999
Ms Mary H. Keamey
City of St. Paul -- Office of Labor Relations
400 City Hal1 Annex
25 West 4th Street
St. Paul, MN 55102-1632
Re: Summary_of Tasks and Projects
Dear Mary.
LEONARD, STRBET AND DEINARD
°1q-y��
PAOFESSIOtiAL ASSOCIAilON
Direct Dial
(612)335-1859
cma1859@leonard.com
As we discussed recently, the following is a list of tasks and projects that I am working on for the
City of St. Paul -- Office of Labor Relations and their status:
1
Unit Clarification Petition for Radio
Communications Technicians
Resolved
2.
3
0
:
�
Q
7
Unit Ciarification Petition for 911
Dispatchers/Telecommunicators
Unit Clarification Petition far Lega1
Assistants and Law Clerks
Resolved
Law Clerks Resolved; hearing
completed; brief due SIl 1/99
Negotiation of Labor Agreement with Met with Business Manager; reseazch
Painters Local 61 done by 7.5.; should finalize next week
Negotiation of Labor Agreement with Met 4(20; should finalize next week
Pipefitters Local 455
Negotiation of Labor Agreement with
Electricians Local 110
Met once with union and again on 4(21
with 7ohn Maczko; two more meetings
set
Negotiation of Labor Agreement with Awaiting statting date from Lany
Cement Masons Bennett
I$O $OO�LH FIFTH $ZREET $UITE 2j00 MINNEAPOLIS� ]b11NNESOZA SSG02 �L 6Z2-jj$'1500 FAX 612-jj$'26j]
LAW OFFICES IN MSNN£APOLIS� SAiNT PAUL AND MANRAIO
Ms. Mary H. Keazney ``' 4 y �
April 22, 1999
Page 2
8. NegotiaUons of Labor Agreement with Met twice; two more meetings set
10.
Manual and Maintenance Supervisors
Negotiation of Labor Agreement of
AFSCME Legal Unit
Meeting set for 4/29 with Clayton
Robinson; mediation set for 5/6/99
Possible Litigation of Essentiality in
Improperly Passed Law
Awaiting decision to proceed
Sincerely,
L , STREET AND DEINARD
Craig M. Ayers
CMA/kdb' �,9s,sz
r,
q9-�t�E 1
CITY OF SAINT PAUL
OFFICE OF LABOR RELATIONS
400 City Hall Annex
25 West Fourth Street
St. Paul, MN 5 5 102-163 1
Telephone: (651)266-6495
Facsimile: (651)292-7656
CONTRACT FOR LABOR CONSULTING SERVICES
CONTRACT NO.:
MATTER: Labor and Consuiting Services
CONTRACT AMOLTNT: (See Below)
This contract is made and entered into by and between the Office of Labor Relations, City
of St. Paul, 400 City Hall Annex, 25 West Fourth Sueet, St. Paul, Minnesota 55102-1631 (herein
referred to as the "Labor Negotiator") and Leonard, Street and Deinard, P.A. (herein referred to
as "LS&D") for the purpose of providing labor consulting services as an Independent Contractor
in the areas of labor relations and contract negotiations.
TI ABOVE-NAMED PARTIES hereby agree as follows:
Section 1. RECITALS AND REPRESENTATIONS.
The Labor Negotiator wishes to retain LS&D as an Independent Contractor to render the
labor consulting services described below.
LS&D is desirous of performing such services and represents that it is e�erienced in
matters relating to the labor consulting contractor services described below, is capable of
performing them, and that the person executing tius contract is authorized to do so.
Section 2. SCOPE OF SERVICES.
A. LS&D will through it selection of the appropriate means and manner provide labor
consulting services to the Office of Labor Relations in connection with the following matters:
1. Provide labor analysis and labor advising on labor relations and contract
negotiation matters, including labor contract administration, arbitration, labor contract
negotiation, human resource practices and related adminis±rative and non-litigation proceedings
which are contracted to LS&D.
1767431.01
J
q�t -44�
2. Present or advocate on behalf of the City with respect to contract
negotiations, arbitrations, unit hearings, or other non-legal matters wluch aze contracted to
LS&D.
3. Reseazch and formulate non-legal opinions or advice and positions on the
above-noted matters.
4. Provide individual andJor group training or assistance to the Labor
Negotiator and/or her staff or designated City officials and employees as directed for the purpose
of acquiring advanced skills in representing the City in labor relations matters.
5. Perform other non-legal labor relationsicollective bargaining tasks
contracted to LS&D.
B. The labor consulting services authorized by tlus contract include, without
limitation, non-legai research and prepazation of advisory memoranda necessary to successfully
complete contracted projects.
C. The labor relations services authorized under tlus contract shall include only those
consulting services initiated or requested, either orally or in writing, by the Labor Negotiator or
such other persons as may be designated, in writing, by the Labor I3egotiator.
Section 3. SER'VICES PRIOR TO CONTRACT DATE.
The parties understand that certain labor relations consulting services, in connection with
the subject matter of this contract, may have been rendered by LS&D prior to the date of this
contract at the request of the Labor Negotiator. Such services aze payable under this contract,
but do not include any matters related to the formation and execution ofthe Contract.
Section 4. LS&D PERSONNEL.
Mr. Craig M. Ayers, Esq. shall serve as LS&D's representative and assume primary
responsibility for coordinating all labor consulting services with the Labor Negotiator. It is
understood by the parties that LS&D may assign responsibility to employees in its employment to
efficiently perform the labor consulting services, subject to objection and removal of other
personnel by the Labor Negotiator.
Services under this contract shall be performed only by employees employed by LS&D
and no services, including retention of associate counsel, consultants or experts, sha11 be
authozized or subcontracted without prior approval of the Labor Negotiator.
LS&D represents that it and all employees providing labor consulting services under tlris
contract are covered by professional liability insurance adequate for the protection of the City of
St. Paul with regard to the services provided.
n6�ast oi 2
r
— 1 `���\
Section 5. TOTAL COMPENSATION.
The City of St. Paul agrees to pay LS&D's fees at $140.00 per hour for services rendered.
Hourly charges aze billed in quarter hour increments.
In addition to this compensation, the City agrees to reimburse LS&D for the actual cost of
all out-of-pocket e�penses and disbursements. Any expenses and disbursements wluch are
anticipated to be of a substantial cost must be authorized or approved in advance by the Labor
Negotiator. Long-distance telephone calis and long-distance faY transmissions, but not local calls
or local calls or local faxing or receipts of faYes, are reimbursed at actual cost.
Westlaw research shall be reimbursed at actual cost to LS&D. Clerical services, printing
or publishing costs are not reimbursed unless the Labor Negotiator requests greater than 10
copies, in which case the City agrees to pay $.25 per page. The Labor Negotiator has the option
of copying materials beyond 10 copies at its own cost.
LS&D agrees to provide the Labor Negotiator with monthly billings, currently mailed
after the 15th of each month. The billings shall be detailed, idenufying personnel utilized on
services, hours chazged, City staff consulted and contain a clear description of work performed.
Expenses shall be similazly detailed.
Section 6. TERM AND TERMINATION OF CONTRACT.
The term of tfus contract is from March _, 1999 to March ,, 2000; however, LS&D
or the Labor Negotiator may ternunate this contract at any time by providing written notice of
such termination at least fifteen (15) calendar days prior to the effective date of such termination.
Upon termination LS&D shall fiunish to the Labor Negotiator copies or duplicate
originals of all documents or memoranda prepared for the City and not previously furnished, and
all work in progress.
Upon termination LS&D shall be entitled to compensation for all services performed and
reimbursement for tbe actual cost of all out-of-pocket expenses and disbursements made under
the contract prior to the effective date of the termination.
Section 7. FINAINGS CONFIDENTIAL.
Any information, data, reports, records, or other materials given to or prepared or
assembled by LS&D under tlus contract shall be kept coafidential and LS&D shail not make any
of this materiai a�ailable to any individuai or organization without prior approval of the Labor
Negotiator.
1767431 07 3
!
°fq �yy�
If any data on individuals is made auailable to LS&D by the City pursuant to tlus contract,
LS&D shall maintain any such data in accordance with the Minuesota Government Data Practices
Act, Minnesota Statutes, chapter 13 and other statutory provisions applicable to the data.
Section 8, REPORTS.
Copies of all memoranda, conespondence, and other work products prepazed or
assembled by LS&D under this contract will be forwazded to the Labor Negotiator.
Section 9. CONFLICT OF INTEREST.
LS&D certifies that it has divulged to the City any and all actual or potential conflicts of
interest within the meaning of the Minnesota Rules of Professional Conduct. LS&D will
immediately divulge to the Labor Negotiator any actuai or potential conflict of interest in which it
becomes awaze during the term of this contract.
Further, LS&D certifies that to the best of its knowledge no City employee has any
pecuniary interest in the business of LS&D or with tius contract and no person associated with
LS&D has any interest that would conflict in any manner or degree with the performance of tlus
contract.
Section 10. AFFII2MAfiIVE ACTION/CERTIFICATE OF COMPLIANCE.
If tlus contract is for a sum in excess of $50,000.00 and because LS&D has had more than
20 full-time employees in the State of Minnesota at any time during the previous 12 months,
LS&D represents that it has an affirmative action plan far the employment of minority persons,
women, and the disabled that has been approved by the Minnesota Commissioner of Human
Rights. Upon request, LS&D wiii promptly provide the Labor Negotiator with a copy of the
Certificate of Compliance from the Commissioner of Human Rights signifying that LS&D has an
approved affirmative action plan.
Section I1. EQUAL EMPLOYMENT OPPORTUNITY.
LS&D agrees not to discruninate against any employee or applicant for employment
because of race, color, religion, sex, or national origin aud to take affirmative action to assure that
applicants and employees aze treated equally with respect to all forms of employment, rates of
pay, training and other forms of compensation.
Section 12. AUDIT.
LS&D agrees to keep and maintain books, records, documents, and other evidence
pertinent to its performance under tlus contract in accordance with generally accepted accounting
principles. LS&D shall maintain such books, records, documents and other evidence until the
latest of the following occurs:
1764431.01 4
q� -yy�
A. Complete per£ormance of tlus contract; or
B. Three (3) yeazs from the date of final payment under this contract; or
C. If any litigation, claim, or audit is commenced during said three (3) yeaz period,
when all such litigatioq claims or audits haue been resolved.
During the time of such maintenance, authorized representatives of the City shall have
access during normal business hours to all such books, records, documents and evidettce for the
purpose of inspection, audit and copying. LS&D shall provide proper facilities for such
inspection, audit or copying.
Section 13. FEDERAL RESTRICTIONS AND DISCLOSURE
REQUIItEMENTS.
This section is included to ensure compliance with federal restrictions and disclosure
requirements found at 31 U.S.C. 1352. With respect to this Contract, LS&D will not have any
contact with any of the £ollowing persons:
A. any officer or employee of any federal agency; or
B. any member of Congress; or
C. any officer or empioyee of Congress; or
D. any employee of a member of Congress;
in connection with any of the following matters related to the City:
A. the awarding of any federal contract; or
B. the making of any federal grant; or
C. the making of any federal loan; or
D. the entering into of any cooperative agreement; or
E. the continuation, renewal, amendment, or modification of any of the preceding
matters;
unless specifically authorized to do so by the Labor Negotiator.
If any such contact occurs, LS&D will immediately report it to the Labor Negotiator.
1767431.01 5
�q-44�
IN WIT'NESS WHEREOF, the City and LS&D have caused this contract to be executed
on the respective dates set forth below.
OFFICE OF LABOR RELATIONS
CITY OF ST. PAUL
Date �— �
By: � � �U__�--�
Mary . eamey V —
Director
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
Date: — 3 I 7 - % � B ,�`
Ro rt Zeglo c�
Shareholder
n
Date: � �� � �
APPROVED AS TO FORM:
--�
, �' �
' �4,=' -�'_
B�:_ _�. ����
Craig M. Ayers/'
Shareholder L..✓�
BY� � �-3�
Di or of t e Department of �
Finance & Management Services
176743101
9�-�►yl
CITY OF SAINT PAUL
OFFICE OF LABOR RELATIONS
400 City Hall Annex
25 West Fourth Street
St. Paul, MN 55102-1631
Telephone: (651)266-6495
Facsimile: (651)292-7656
CONTRACT FOR LABOR CONSULTING SERVICES
CONTRACT NO.:
MATTER: Labor and Consulting Services
CONTRACT AMOLTNT: (See Below)
This contract is made and entered into by and between the Office of Labor Relations, City
of St. Paul, 400 City Ha11 Annex, 25 West Fourth Street, St. Paul, Minnesota 5 5 102-1 63 1 (herein
referred to as the "Labor Negotiator") and Leonazd, Street and Deinazd, P,A. (herein referred to
as "LS&D") for the puzpose of providing labor consulting services as an Independent Contractor
in the areas of labor relations and contract negotiations.
THE ABOVE-NAMED PARTTE5 hereby agree as follows:
Section 1. RECITALS AND REPRESENTATIONS.
The Labor Negotiator wishes to retain LS&D as an Independent Contractor to render the
labor consulting services described below.
LS&D is desirous of perfornung such services and represents that it is experienced in
matters relating to the labor consulting contractor services described below, is capable of
performing them, and that the person executing this contract is authorized to do so.
Section 2. SCOPE OF SERVICES.
A. LS&D will through it selection of the appropriate means and manuer provide labor
consulting servlces to the Office of Labor Relations in connection with the following matters:
1. Provide labor analysis and labor advising on labor relations and contract
negotiation matters, including labor contract administration, arbitration, labor contract
negotiation, human resource practices and related administrative and non-litigation proceedings
wluch aze contracted to LS&D,
1�67431 O1
9q-yy!
2. Present or advocate on behalf of the City with respect to contract
negotiations, arbitrations, unit hearings, or other non-legal matters wlaich aze contracted to
LS&D.
3. Reseazch and formulate non-legal opuuons or advice and positions on the
above-noted matters.
4. Provide individual and/or group training or assistance to the Labor
Negotiator and/or her staff or designated City officials and employees as directed for the purpose
of acquiring advanced skills in representing the City in labor relations matters.
5. Perform other non-legal labor relations/collective bargaining tasks
contracted to LS&D.
B. The labor consulting services authorized by this contract include, without
limitation, non-legal research and prepazation of advisory memoranda necessary to successfully
complete contracted projects.
C. The labor relations services authorized under tlus contract shall include only those
consulting services initiated or requested, either orally or in writing, by the Labor Negotiator or
such other persons as may be designated, in writing, by the Labor Negotiatar.
5ection 3. SERVICES PRIOR TO CONTRACT DATE.
The parties understand that certain labor relations consulting services, in connection with
the subject matter of this contract, may have been rendered by LS&D prior to the date of tlus
contract at the request of the Labor Negotiator. Such seroices aze payable under this contract,
but do not include any matters related to the formation and execution of the Contract.
Section 4. LS&D PERSONNEL.
Mr. Craig M. Ayers, Esq. shall serve as LS&D's representative and assume primary
responsibility for coordinating all labor consuiting services with the Labor Negotiator. It is
understood by the parties that LS&A may assign responsibility to employees in its employment to
efficiently perform the labor consulting services, subject to objection and removal of other
personnel by the Labor Negotiator.
Services under tlus contract sha11 be performed only by employees employed by LS&D
and no services, including retention of associate counsel, consultants or experts, shall be
authorized or subcontracted without prior approval ofthe Labor Negotiator.
LS&D represents that it and a11 empioyees providing ]abor consulting services under t}us
contract are covered by professional liability insurance adequate for the protection of the City of
St. Paul with regard to the services provided.
1767431 O1 2
q4'���
Section 5. TOTAL COMPENSATION.
The Ciry of St. Paul agrees to pay LS&D's fees at $140.00 per hour for services rendered.
Hourly charges are billed in quarter hour increments.
In addition to this compensation, the City agrees to reimburse LS&D for the actual cost of
a11 out-of-pocket e�enses and disbursements. Any e�penses and disbursements wluch aze
anticipated to be of a substantial cost must be authorized or approved in advance by the Labor
Negotiator. Long-distance telephone calls and long-distance fas transmissions, but not local calls
or Iocal calls or 1oca1 fa�ng or receipts of f�es, aze reimbursed at actual cost.
Westlaw research shail be reimbursed at actual cost to LS&D. Clerical services, printing
or publishing costs aze not reimhursed unless the Labor Negotiator requests greater than 10
copies, in which case the City agrees to pay $.25 per page. The Labor Negotiator has the option
of copying materials beyond 10 copies at its own cost.
LS&D agrees to provide the Labor Negotiator with montlily billings, currentiy mailed
after the 15th of each month. The billings shall be detailed, identifying personnel utilized on
services, hours charged, City staff consulted and contain a clear description of work performed.
Expenses shall be similazly detailed.
Section 6. TERM AND TERMINATION OF CONTRACT.
The term of this contract is from March ___, 1999 to March ,, 2000; however, LS&D
or the Labor Negotiator may terminate this contract at any time by providing written notice of
such termination at least fifteen (15) calendar days prior to the effective date of such termination.
Upon termination LS&D shail furnish to the Labor Negotiator copies or duplicate
originals of al1 documents or memoranda prepared for the City and not previously furvished, and
a11 work in progress.
Upon ternunation LS&D shall be entitled to compensation for all services performed and
reimbursement for the actual cost of a11 out-of-pocket e�enses and disbursements made under
the contract prior to the effective date of the ternunation.
Section 7. FINDINGS CONFIDENTIAL.
Any information, data, reports, records, or other materials given to or prepared or
assembled by LS&D under this contract shall be kept confidential and LS&D shalt not make any
of this material available to any individual or organization without prior approval of the Labor
Negotiator.
1767431.01 3
99-'�y �
If any data on individuals is made available to LS&D by the Ciry pursuant to this contract,
LS&D shall maintain any such data in accordance with the Minnesota Government Data Practices
Act, Minnesota Statutes, chapter 13 and other statutory provisions applicable to the data.
Section 8. REPORTS.
Copies of all memoranda, coirespondence, and other work products prepared or
assembled by LS&D under this contract will be forvrazded to the Labor Negotiator.
Section 9. CONFLICT OF INTEREST.
LS&D certifies that it has diwlged to the City any and all actual or potentiai conflicts of
interest witlun the meaning of the Minnesota Rules of Professionai Conduct. LS&D will
immediately diwlge to the Labor Negotiator any actual or potential conflict of interest in which it
becomes aware during the term of this contract.
Further, LS&D certifies that to the best of its knowledge no City employee has any
pecuniary interest in the business of LS&D or with tlus contract and no person associated with
LS&D has any interest that would conflict in any manner or degree with the performance of this
contract.
Section 10. AFFIRMATIVE ACTION/CERTTTICATE OF COMPLIANCE.
If this contract is for a sum in excess of $SO,OOO.Q� and because LS&D has had moze than
20 full-time empioyees in the State of Minnesota at any time during the previous 12 months,
LS&D represents that it has an a�rmative action plan for the empioyment of minority persons,
women, and the disabled that has been approved by the Minnesota Commissioner of Human
Rights. Upon request, LS&D will promptly provide the Labor Negotiator with a copy of the
Certificate of Compliance from the Commissioner of Humau Rights signifying that LS&D has an
approved affumative action plan.
Section 11. EQUAL EMPLOYMENT OPPORTUNITY.
LS&D agrees not to discrnninate against any employee or applicant for employment
because of race, color, religion, sex, or national origin and to take affirmative action to assure that
applicants and employees are treated equally with respect to all forms of employment, rates of
pay, training and other forms of compensatioa
Section 12. AUDIT.
LS&D agrees to keep and maintain books, records, documents, and other evidence
pertinent to its performance under this contract in accordance with generally accepted accounting
principles. LS&D sha11 maintain such books, records, documents and other evidence until the
latest of the following occurs:
i�6�asi oi 4
99 �
A. Complete performance of tlus contract; or
B. Three (3) yeazs from the date of final payment under this contract; or
C. If any litigation, claim, or audit is commenced during said three (3) year period,
when al1 such litigation, claims or audits have been resolved.
During the time of such maintenance, authorized representatives of the City shall have
access during normal business hours to all such books, records, documents and evidence for the
purpose of inspection, audit and copying. LS&D shall provide proper facilities for such
inspection, audit or copying.
Section 13. FEDERAL RESTRICTION5 AND DISCLOSURE
REQUII2EMEI3TS.
Tlus section is included to ensure compliance with federal restrictions and disclosure
requirements found at 31 U.S.C. 1352. With respect to tlus Contract, LS&D will not haue any
contact with any of the following persons:
A. any officer or employee of any federal agency; or
B. any member of Congress; or
C. any officer or employee of Congress; or
D. any employee of a member of Congress;
in connection with any of the following matters related to the City:
A. the awarding of any federal contract; or
B. tbe making of any federal grant; or
C. the making of anp federalloan; or
D. the entering into of any cooperative agreement; or
E. the continuation, renewal, amendment, or modification of any of the preceding
matters;
unless specifically authorized to do so by the Labor Negotiator.
If any such contact occurs, LS&D will immediately report it to the Labor Negotiator.
i767asi ot 5
99-yy�
IN WITNESS WHEREOF, the City and LS&D have caused this contract to be executed
on the respective dates set forth below.
OFFICE OF LABOR RELATIONS
CITY OF ST. PAUL
Date: �'� � � ��S
BY�_ fA��s.:�Cs--�� ,;.
Mary`gL-SKearney „
Director
LEONARD, STREBT AND DEINARD
PROFESSIONAL ASSOCIATION
Date: �—/ � � � By:__��a� f��%�c'Z'V
Robert Zegl h
Shareholder
Date: � �'� �
APPROVED AS TO FORM:
,- ' <� ��
By: t.�'�=''"�' ,: '-.
Craig M. Ayers �
Shareholder
B9 � � �'"'"-c"
i tor o the Department of
Finance & Management Services
176�431.01 6
g9-yy�
CITY OF SAINT PALTL
OFFICE OF LABOR RELATIONS
400 City Hall Annex
25 West Fourth Street
St. Paul, MN 55 1 02-1 63 1
Telephone: (651)266-6495
Facsimile: (651)292-7656
CONTRACT FOR LABOR CONSULTING SERVICES
CONTRACT NO.:
MATTER: Labor and Consulting Services
CONTRACT AMOLJNT: (See Below)
This contract is made and entered into by and between the Office of Labor Relations, City
of St. Paul, 400 City Hall Annex, 25 West Fourth Street, St. Paui, Minnesota 55102-1631 (herein
refened to as the "Labor Negotiator") and Leonard, Street and Deinard, P.A. (herein referred to
as "LS&D") for the purpose of providing labor consulting services as an Independent Contractor
in the areas of labor relations and contract negotiations.
THE ABOVE-NAMED PARTIES hereby agree as follows:
Section 1. RECITALS AND REPItESENTATIONS.
The Labor Negotiator wishes to retain LS&D as an Independent Contractor to render the
iabor consuhing services described below.
LS&D is desirous of performing such services and represents that it is experienced in
matters relating to the labor consulting contractor services described betow, is capa6le of
perfornung them, and that the person executing tlus contract is authorized to do so.
Section 2. SCOPE OF SERVICES.
A. LS&D will through it selection of the appropriate means and manner provide labor
consulting services to the Office of Labor Relations in connection with the following matters:
1. Provide labor analysis and labor advising on labor relations and contract
negotiation matters, including labor contract administration, azbitration, labor contract
negotiation, human resource practices and related administrative and non-litigation proceedings
which aze contracted to LS&D.
1767431 O1
9�—��c�
2. Present or advocate on behalf of the City with respect to contract
negotiations, arbitrations, unit hearings, or other non-legal matters which aze contracted to
LS&D.
3. Research and formulate non-legal opinions or advice and positions on the
above-noted matters.
4. Provide individual and/or group training or assistance to the Labor
Negotiator and/or her staff or designated City officials and employees as directed for the purpose
of acquiring advanced skills in representing the City in labor relations matters.
5. Perform other non-legal labor relations/collective bargaining tasks
contracted to LS&D.
B. The labor consulting services authorized by tlus contract include, without
limitation, non-legal research and preparation of advisory memoranda necessary to successfully
complete contracted projects.
C. The labor relations services authorized under this contract shall inciude only those
consulting services initiated or requested, either orally or in writing, by the Labor Negotiator or
such other persons as may be designated, in writing, by the Labor Negotiator.
Section 3. SERVICES PRIOR TO CONTRACT DATE.
The parties understand that certain labor relations consulting services, in connection with
the subject matter of tbis contract, may have been rendered by LS&D prior to the date of this
contract at the request of the Labor Negotiator. Such services are payable under this contract,
but do not include any matters related to the formation and execution of the Contract.
Section 4. L5&D PERSONNEL.
Mr. Craig M. Ayers, Esq. shall serve as LS&D's representative and assume primary
responsibility for coordinating all labor consulting services with the Labor Negotiator. It is
understood by the parties that LS&D may assign responsibility to employees in its employment to
efficiently perform the labor consulting services, subject to objection and removal of other
personnel by the Labor Negotiator.
Services under this contract shall be performed only by employees employed by LS&D
and no services, including retention of associate counsel, consuitants or e�perts, shall be
authorized or subcontracted without prior approval of the Labor Negotiator.
LS&D represents that it and all employees providing labor consulting services under tlus
contract are covered by professionalliability insurance adequate for the protection of the City of
St. Paul with regard to the services provided.
176�431.01 2
99-yyl
Section 5. TOTAL COMPENSATION.
The City of St. Paul agrees to pay LS&D's fees at $140.00 per how for services rendered.
Hourly charges aze billed in quarter hour increments.
In addition to this compensation, the City agrees to reimburse LS&D for the actual cost of
all out-of-pocket expenses and disbursements. Any e�penses and disbursements wluch aze
anticipated to be of a substantial cost must be authorized or approved in advance by the Labor
Negotiator. Long-distance telephone calls and long-distance faac transmissions, but not local calls
or local calls or local faxing or receipts of f�es, aze reimbursed at actual cost.
Westlaw reseazch shall be reimbursed at actual cost to LS&D. Clerical services, printing
or publishing costs aze not reimbursed unless the Labor Negotiator requests greater than 10
copies, in which case the City agrees to pay $25 per page. The Labor Negotiator has the option
of copying materials beyond 10 copies at its own cost.
LS&D agrees to provide the Labor Negotiator with montlily billings, currently mailed
after the 15th of each month. The billings shall be detailed, identifying personnel utilized on
services, hours charged, City staff consulted and contain a clear description of work performed.
Expenses shall be similarly detailed.
Section 6. TERM ANA TERMINATION OF CON'1RACT.
The term of tlus contract is from March _, 1999 to March _, 2000; however, LS&D
or the Labor Negotiator may terminate this contract at any time by providing written notice of
such termination at least fifteen (15) calendar days prior to the effective date of such termination.
Upon termination LS&D shall furnish to the Labor Negotiator copies or duplicate
originals of all documents or memoranda prepared for the City and not previously furnished, and
a11 work in progress.
Upon terxnination LS&D shall be entitled to compensation for a11 services performed and
reimbursement for the actual cost of all out-of-pocket expenses and disbursements made under
the contract prior to the effective date of the ternunation.
Section 7. FINDINGS CONFIDENTIAL.
Any information, data, reports, records, or other materials given to or prepared or
assembled by LS&D under this contract shall be kept confidential and LS&D shall not make any
of this materiai auailable to any individual or organization without prior approval of the Labor
Negotiator.
1767431 O1
99-4�f�
If any data on individuals is made available to LS&D by the City pursuant to tlus contract,
LS&D shall maintain any such data in accordance with the Minnesota Government Data Practices
Act, Minnesota Statutes, chapter 13 and other statutory provisions applicable to the data.
Section 8. REPORTS.
Copies of all memoranda, conespondence, and other work products prepazed or
assembled by LS&D under this conuact will be fonvazded to the Lahor Negotiator.
Section 9. CONFLICT OF INTEREST.
LS&D certifies that it has diwlged to the City any and a11 actual ar potential conflicts of
interest within the meaning of the Minnesota Rules of Professional Conduct. LS&D wili
immediately diwlge to the Labor Negotiator any actual or potential conflict of interest in wluch it
becomes aware during the term of tlus contract.
Further, LS&D certifies that to the best of its knowledge no City employee has any
pecuniary interest in the business of LS&D or with tiris contract and no person associated with
LS&D has any interest that would conflict in any manner or degree with the perforivance of ttns
contract.
Section 10. AFFIRMATIVE ACTION/CERTIFICATE OF COMPLIANCE.
If this contract is for a sum in excess of $50,000.00 and because LS&D has had more than
20 full-time employees in the State of Minnesota at any time during the previous 12 months,
LS&D represents that it has an affirmative action plan for the employment of minority persons,
women, and the disabled that has been approved by the Minnesota Commissioner of Human
Rights. Upon request, LS&D will promptly provide the Labor Negotiator with a copy of the
Certificate of Compliance from the Commissioner of Humau Rights signifying that LS&D has an
approved affirmative action plan.
Section 11. EQUAL EMPLOYMENT pPPORTUNITY.
LS&D agrees not to discriminate against any employee or applicant for employment
because of race, color, religion, se� or national origin and to take affirmative action to assure that
applicants and employees are treated equally with respect to all forms of employment, rates of
pay, training and other forms of compensation.
Section 12. AUDIT.
LS&D agrees to keep and maintain books, records, documents, and other evidence
pertinent to its performance under tlus contract in accordance with generaliy accepted accounting
principles. L5&D shall maintain such books, records, documents and other evidence until the
latest of the following occurs:
»s�asi o� 4
q9-yy,
A. Complete performance of this contract; or
B. Tbree (3) years from the date of final payment under this contract; or
C. If any litigation, claim, or audit is commenced during said three (3) year period,
when all such litigation, claims or audits have been resolved.
During the time of such maintenance, authorized representatives of the City shall have
access during normal business hows to all such books, records, documents and evidence for the
purpose of inspection, audit and copying. LS&D shall provide proper facilities for such
inspection, audit or copying,
Section 13. FEDERAL RESTRICTIONS AND DISCLOSURE
REQUIItEMENTS.
This section is included to ensure compliance with federal restrictions and disclosure
requirements found at 31 U.S.C. 1352. With respect to this Contract, LS&D will not ha�e any
contact with any of the foilowing persons:
A. any officer or employee of any federal agency; or
B. any member of Congress; or
C. any officer or employee of Congress; or
D. any employee of a member of Congress;
in connection with any of the following matters related to the City:
A. the awarding of any federal contract; or
B. the making of any federal grant; or
C. the making of any federal loan; or
D. the entering into of any cooperative agreement; or
E. the continuation, renewal, amendment, or modification of any of the preceding
matters;
unless specifically authorized to do so by the Labor Negotiator.
If any such contact occurs, LS&D will immediately report it to the Labor Negotiator.
176"/431 Ol 5
99-yy
IN WITNESS WHEREOF, the City and LS&D have caused this contract to be executed
on the respective dates set forth below.
OFFICE OF LABOR RELATIONS
CITY OF ST. PAUL
Date: � -a-3 !��/
Date: �—� 7
� �
Date: '� j f �L1 �
By: ����o r�
Mary . earney
Director
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
By: `
Ro ert Zeglo c
Shareholder
�
Craig M.
APPROVED AS TO FORM:
Assis t City Attome
-�,�3 ,`tti
By: �`r'��� �` ��
Di or of t e Department of
Finance & Management Services
1767431.01
ORIGiNAI.
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented
Referred To
Council File # qQ�
Green Sheet #_63934_
Committee Date
/D
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 Contract between the City of Saint Paul and Craig Ayers of Leonard, Street and Deinard, P.A., for labor
consulting services.
Requested by Department of.
Office of Labor Relations
By: �w 04 ��-e–°—�
Form Approved by Ci Attorney � p
s �� , ° �.f" s �„1 g�
co����
�
Approved by : Date �JIJ Ul� f[�-(C(�C __
By: !
Adopted by Council: Date
�
Adoprion Certified by Council Secretary
!�'
- �.
' DEPARTMENT/OFFICE/COUNCIL: �
LABOR RELATIONS
CONTACC PERSON & PHONE:
JUI,IE KRAUS 266-6513
MUST BE ON COUNCIL AGEFDA BY (DATE)
TOTAL k OF SIGNATURE
DATE INI'C(ATED G�EN SHEET No.: 63934 �Q ��11'
May 11, 1999 � �
INITIAL/DATE INITIAL/DATE
ASSIGN 1 DEPART[vfENl' DIR. �'F< 4 CITY COUNCIL
N[7hIBER 2 CITY ATl'ORNEY � CITY CLERK
FOR BUDGET DIR. � FIN. & MGT. SERVICE DIR.
ROUTING 3 MAYOR (OR ASST.) ,
ORDER
ALL LOCATTONS FOR SIGNAIL�RE)
acizox �QtrESx�n: Approval of contract with Craig Ayers and Leonazd, Street and Deinard, P.A.. for labor
consuitin¢ services.
RECOMMENDA7'IONS: Approve (A) or Reject (R)
PLANNING COMhIISSION _CIVIL SERVICE COMMISSION
CIB COMNIITTEE
STAFF
DI5IRICT COURT
SUPPORTS WI-IICH COUNCIL OBJECTIVE�
PERSONAL SERVICE COi3TRACTS M135T ANSWER TFIE FOLLOWING
QUESTIONS:
1. Has this persodfitm ever worked undec a wnVact for tkiis depamnent?
Yu No
2. Has this person/fiIm ever been a city employee?
Yes No
3. Dces this persodfum possess a skill not notmally possessed by any cucrent city employee?
Yes No
Explaio ali yes answers on separate sheet and attac6 to green sheet
IIv1TIA1'ING PROBLEM, ISSUE, OPPORTi7Ni1']' (Who, W6at, When, Where, Why):
Labor Relations is completing the 1999-2000 round of negotiations. Vacancies e�st in key staff positions. To
finish negotiations in a timely manner short-term labor consulting is needed.
ADVANTAGESIFAPPROVED.
Work will be completed in a timely manner thus avoiding unnecessary tension between unions and City
management.
DISADVAN'CAGES IF A.PPROVED
None
DISADVANTAGES IF NOT APPROVED.
Important matters will be unduly delayed, or may not be accomplished.
ToT.v.aMOVrrroF rxnxsacriox: Approxunately $35,000
�sre so�cE: GL-001
�:°s .,_':': `.�::_'.�.,_.v.. `��.,, w.
�`s,��° � � °���'�
.
COST/REVENUE BUDGETED:
AGTIVI7'Y NUMBER: OOI G I
FINANCIAL INFORMATION: (EICPLAII�
Revenue will come from current salary savings and encumbered salary savings.
April 22, 1999
Ms Mary H. Keamey
City of St. Paul -- Office of Labor Relations
400 City Hal1 Annex
25 West 4th Street
St. Paul, MN 55102-1632
Re: Summary_of Tasks and Projects
Dear Mary.
LEONARD, STRBET AND DEINARD
°1q-y��
PAOFESSIOtiAL ASSOCIAilON
Direct Dial
(612)335-1859
cma1859@leonard.com
As we discussed recently, the following is a list of tasks and projects that I am working on for the
City of St. Paul -- Office of Labor Relations and their status:
1
Unit Clarification Petition for Radio
Communications Technicians
Resolved
2.
3
0
:
�
Q
7
Unit Ciarification Petition for 911
Dispatchers/Telecommunicators
Unit Clarification Petition far Lega1
Assistants and Law Clerks
Resolved
Law Clerks Resolved; hearing
completed; brief due SIl 1/99
Negotiation of Labor Agreement with Met with Business Manager; reseazch
Painters Local 61 done by 7.5.; should finalize next week
Negotiation of Labor Agreement with Met 4(20; should finalize next week
Pipefitters Local 455
Negotiation of Labor Agreement with
Electricians Local 110
Met once with union and again on 4(21
with 7ohn Maczko; two more meetings
set
Negotiation of Labor Agreement with Awaiting statting date from Lany
Cement Masons Bennett
I$O $OO�LH FIFTH $ZREET $UITE 2j00 MINNEAPOLIS� ]b11NNESOZA SSG02 �L 6Z2-jj$'1500 FAX 612-jj$'26j]
LAW OFFICES IN MSNN£APOLIS� SAiNT PAUL AND MANRAIO
Ms. Mary H. Keazney ``' 4 y �
April 22, 1999
Page 2
8. NegotiaUons of Labor Agreement with Met twice; two more meetings set
10.
Manual and Maintenance Supervisors
Negotiation of Labor Agreement of
AFSCME Legal Unit
Meeting set for 4/29 with Clayton
Robinson; mediation set for 5/6/99
Possible Litigation of Essentiality in
Improperly Passed Law
Awaiting decision to proceed
Sincerely,
L , STREET AND DEINARD
Craig M. Ayers
CMA/kdb' �,9s,sz
r,
q9-�t�E 1
CITY OF SAINT PAUL
OFFICE OF LABOR RELATIONS
400 City Hall Annex
25 West Fourth Street
St. Paul, MN 5 5 102-163 1
Telephone: (651)266-6495
Facsimile: (651)292-7656
CONTRACT FOR LABOR CONSULTING SERVICES
CONTRACT NO.:
MATTER: Labor and Consuiting Services
CONTRACT AMOLTNT: (See Below)
This contract is made and entered into by and between the Office of Labor Relations, City
of St. Paul, 400 City Hall Annex, 25 West Fourth Sueet, St. Paul, Minnesota 55102-1631 (herein
referred to as the "Labor Negotiator") and Leonard, Street and Deinard, P.A. (herein referred to
as "LS&D") for the purpose of providing labor consulting services as an Independent Contractor
in the areas of labor relations and contract negotiations.
TI ABOVE-NAMED PARTIES hereby agree as follows:
Section 1. RECITALS AND REPRESENTATIONS.
The Labor Negotiator wishes to retain LS&D as an Independent Contractor to render the
labor consulting services described below.
LS&D is desirous of performing such services and represents that it is e�erienced in
matters relating to the labor consulting contractor services described below, is capable of
performing them, and that the person executing tius contract is authorized to do so.
Section 2. SCOPE OF SERVICES.
A. LS&D will through it selection of the appropriate means and manner provide labor
consulting services to the Office of Labor Relations in connection with the following matters:
1. Provide labor analysis and labor advising on labor relations and contract
negotiation matters, including labor contract administration, arbitration, labor contract
negotiation, human resource practices and related adminis±rative and non-litigation proceedings
which are contracted to LS&D.
1767431.01
J
q�t -44�
2. Present or advocate on behalf of the City with respect to contract
negotiations, arbitrations, unit hearings, or other non-legal matters wluch aze contracted to
LS&D.
3. Reseazch and formulate non-legal opinions or advice and positions on the
above-noted matters.
4. Provide individual andJor group training or assistance to the Labor
Negotiator and/or her staff or designated City officials and employees as directed for the purpose
of acquiring advanced skills in representing the City in labor relations matters.
5. Perform other non-legal labor relationsicollective bargaining tasks
contracted to LS&D.
B. The labor consulting services authorized by tlus contract include, without
limitation, non-legai research and prepazation of advisory memoranda necessary to successfully
complete contracted projects.
C. The labor relations services authorized under tlus contract shall include only those
consulting services initiated or requested, either orally or in writing, by the Labor Negotiator or
such other persons as may be designated, in writing, by the Labor I3egotiator.
Section 3. SER'VICES PRIOR TO CONTRACT DATE.
The parties understand that certain labor relations consulting services, in connection with
the subject matter of this contract, may have been rendered by LS&D prior to the date of this
contract at the request of the Labor Negotiator. Such services aze payable under this contract,
but do not include any matters related to the formation and execution ofthe Contract.
Section 4. LS&D PERSONNEL.
Mr. Craig M. Ayers, Esq. shall serve as LS&D's representative and assume primary
responsibility for coordinating all labor consulting services with the Labor Negotiator. It is
understood by the parties that LS&D may assign responsibility to employees in its employment to
efficiently perform the labor consulting services, subject to objection and removal of other
personnel by the Labor Negotiator.
Services under this contract shall be performed only by employees employed by LS&D
and no services, including retention of associate counsel, consultants or experts, sha11 be
authozized or subcontracted without prior approval of the Labor Negotiator.
LS&D represents that it and all employees providing labor consulting services under tlris
contract are covered by professional liability insurance adequate for the protection of the City of
St. Paul with regard to the services provided.
n6�ast oi 2
r
— 1 `���\
Section 5. TOTAL COMPENSATION.
The City of St. Paul agrees to pay LS&D's fees at $140.00 per hour for services rendered.
Hourly charges aze billed in quarter hour increments.
In addition to this compensation, the City agrees to reimburse LS&D for the actual cost of
all out-of-pocket e�penses and disbursements. Any expenses and disbursements wluch are
anticipated to be of a substantial cost must be authorized or approved in advance by the Labor
Negotiator. Long-distance telephone calis and long-distance faY transmissions, but not local calls
or local calls or local faxing or receipts of faYes, are reimbursed at actual cost.
Westlaw research shall be reimbursed at actual cost to LS&D. Clerical services, printing
or publishing costs are not reimbursed unless the Labor Negotiator requests greater than 10
copies, in which case the City agrees to pay $.25 per page. The Labor Negotiator has the option
of copying materials beyond 10 copies at its own cost.
LS&D agrees to provide the Labor Negotiator with monthly billings, currently mailed
after the 15th of each month. The billings shall be detailed, idenufying personnel utilized on
services, hours chazged, City staff consulted and contain a clear description of work performed.
Expenses shall be similazly detailed.
Section 6. TERM AND TERMINATION OF CONTRACT.
The term of tfus contract is from March _, 1999 to March ,, 2000; however, LS&D
or the Labor Negotiator may ternunate this contract at any time by providing written notice of
such termination at least fifteen (15) calendar days prior to the effective date of such termination.
Upon termination LS&D shall fiunish to the Labor Negotiator copies or duplicate
originals of all documents or memoranda prepared for the City and not previously furnished, and
all work in progress.
Upon termination LS&D shall be entitled to compensation for all services performed and
reimbursement for tbe actual cost of all out-of-pocket expenses and disbursements made under
the contract prior to the effective date of the termination.
Section 7. FINAINGS CONFIDENTIAL.
Any information, data, reports, records, or other materials given to or prepared or
assembled by LS&D under tlus contract shall be kept coafidential and LS&D shail not make any
of this materiai a�ailable to any individuai or organization without prior approval of the Labor
Negotiator.
1767431 07 3
!
°fq �yy�
If any data on individuals is made auailable to LS&D by the City pursuant to tlus contract,
LS&D shall maintain any such data in accordance with the Minuesota Government Data Practices
Act, Minnesota Statutes, chapter 13 and other statutory provisions applicable to the data.
Section 8, REPORTS.
Copies of all memoranda, conespondence, and other work products prepazed or
assembled by LS&D under this contract will be forwazded to the Labor Negotiator.
Section 9. CONFLICT OF INTEREST.
LS&D certifies that it has divulged to the City any and all actual or potential conflicts of
interest within the meaning of the Minnesota Rules of Professional Conduct. LS&D will
immediately divulge to the Labor Negotiator any actuai or potential conflict of interest in which it
becomes awaze during the term of this contract.
Further, LS&D certifies that to the best of its knowledge no City employee has any
pecuniary interest in the business of LS&D or with tius contract and no person associated with
LS&D has any interest that would conflict in any manner or degree with the performance of tlus
contract.
Section 10. AFFII2MAfiIVE ACTION/CERTIFICATE OF COMPLIANCE.
If tlus contract is for a sum in excess of $50,000.00 and because LS&D has had more than
20 full-time employees in the State of Minnesota at any time during the previous 12 months,
LS&D represents that it has an affirmative action plan far the employment of minority persons,
women, and the disabled that has been approved by the Minnesota Commissioner of Human
Rights. Upon request, LS&D wiii promptly provide the Labor Negotiator with a copy of the
Certificate of Compliance from the Commissioner of Human Rights signifying that LS&D has an
approved affirmative action plan.
Section I1. EQUAL EMPLOYMENT OPPORTUNITY.
LS&D agrees not to discruninate against any employee or applicant for employment
because of race, color, religion, sex, or national origin aud to take affirmative action to assure that
applicants and employees aze treated equally with respect to all forms of employment, rates of
pay, training and other forms of compensation.
Section 12. AUDIT.
LS&D agrees to keep and maintain books, records, documents, and other evidence
pertinent to its performance under tlus contract in accordance with generally accepted accounting
principles. LS&D shall maintain such books, records, documents and other evidence until the
latest of the following occurs:
1764431.01 4
q� -yy�
A. Complete per£ormance of tlus contract; or
B. Three (3) yeazs from the date of final payment under this contract; or
C. If any litigation, claim, or audit is commenced during said three (3) yeaz period,
when all such litigatioq claims or audits haue been resolved.
During the time of such maintenance, authorized representatives of the City shall have
access during normal business hours to all such books, records, documents and evidettce for the
purpose of inspection, audit and copying. LS&D shall provide proper facilities for such
inspection, audit or copying.
Section 13. FEDERAL RESTRICTIONS AND DISCLOSURE
REQUIItEMENTS.
This section is included to ensure compliance with federal restrictions and disclosure
requirements found at 31 U.S.C. 1352. With respect to this Contract, LS&D will not have any
contact with any of the £ollowing persons:
A. any officer or employee of any federal agency; or
B. any member of Congress; or
C. any officer or empioyee of Congress; or
D. any employee of a member of Congress;
in connection with any of the following matters related to the City:
A. the awarding of any federal contract; or
B. the making of any federal grant; or
C. the making of any federal loan; or
D. the entering into of any cooperative agreement; or
E. the continuation, renewal, amendment, or modification of any of the preceding
matters;
unless specifically authorized to do so by the Labor Negotiator.
If any such contact occurs, LS&D will immediately report it to the Labor Negotiator.
1767431.01 5
�q-44�
IN WIT'NESS WHEREOF, the City and LS&D have caused this contract to be executed
on the respective dates set forth below.
OFFICE OF LABOR RELATIONS
CITY OF ST. PAUL
Date �— �
By: � � �U__�--�
Mary . eamey V —
Director
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
Date: — 3 I 7 - % � B ,�`
Ro rt Zeglo c�
Shareholder
n
Date: � �� � �
APPROVED AS TO FORM:
--�
, �' �
' �4,=' -�'_
B�:_ _�. ����
Craig M. Ayers/'
Shareholder L..✓�
BY� � �-3�
Di or of t e Department of �
Finance & Management Services
176743101
9�-�►yl
CITY OF SAINT PAUL
OFFICE OF LABOR RELATIONS
400 City Hall Annex
25 West Fourth Street
St. Paul, MN 55102-1631
Telephone: (651)266-6495
Facsimile: (651)292-7656
CONTRACT FOR LABOR CONSULTING SERVICES
CONTRACT NO.:
MATTER: Labor and Consulting Services
CONTRACT AMOLTNT: (See Below)
This contract is made and entered into by and between the Office of Labor Relations, City
of St. Paul, 400 City Ha11 Annex, 25 West Fourth Street, St. Paul, Minnesota 5 5 102-1 63 1 (herein
referred to as the "Labor Negotiator") and Leonazd, Street and Deinazd, P,A. (herein referred to
as "LS&D") for the puzpose of providing labor consulting services as an Independent Contractor
in the areas of labor relations and contract negotiations.
THE ABOVE-NAMED PARTTE5 hereby agree as follows:
Section 1. RECITALS AND REPRESENTATIONS.
The Labor Negotiator wishes to retain LS&D as an Independent Contractor to render the
labor consulting services described below.
LS&D is desirous of perfornung such services and represents that it is experienced in
matters relating to the labor consulting contractor services described below, is capable of
performing them, and that the person executing this contract is authorized to do so.
Section 2. SCOPE OF SERVICES.
A. LS&D will through it selection of the appropriate means and manuer provide labor
consulting servlces to the Office of Labor Relations in connection with the following matters:
1. Provide labor analysis and labor advising on labor relations and contract
negotiation matters, including labor contract administration, arbitration, labor contract
negotiation, human resource practices and related administrative and non-litigation proceedings
wluch aze contracted to LS&D,
1�67431 O1
9q-yy!
2. Present or advocate on behalf of the City with respect to contract
negotiations, arbitrations, unit hearings, or other non-legal matters wlaich aze contracted to
LS&D.
3. Reseazch and formulate non-legal opuuons or advice and positions on the
above-noted matters.
4. Provide individual and/or group training or assistance to the Labor
Negotiator and/or her staff or designated City officials and employees as directed for the purpose
of acquiring advanced skills in representing the City in labor relations matters.
5. Perform other non-legal labor relations/collective bargaining tasks
contracted to LS&D.
B. The labor consulting services authorized by this contract include, without
limitation, non-legal research and prepazation of advisory memoranda necessary to successfully
complete contracted projects.
C. The labor relations services authorized under tlus contract shall include only those
consulting services initiated or requested, either orally or in writing, by the Labor Negotiator or
such other persons as may be designated, in writing, by the Labor Negotiatar.
5ection 3. SERVICES PRIOR TO CONTRACT DATE.
The parties understand that certain labor relations consulting services, in connection with
the subject matter of this contract, may have been rendered by LS&D prior to the date of tlus
contract at the request of the Labor Negotiator. Such seroices aze payable under this contract,
but do not include any matters related to the formation and execution of the Contract.
Section 4. LS&D PERSONNEL.
Mr. Craig M. Ayers, Esq. shall serve as LS&D's representative and assume primary
responsibility for coordinating all labor consuiting services with the Labor Negotiator. It is
understood by the parties that LS&A may assign responsibility to employees in its employment to
efficiently perform the labor consulting services, subject to objection and removal of other
personnel by the Labor Negotiator.
Services under tlus contract sha11 be performed only by employees employed by LS&D
and no services, including retention of associate counsel, consultants or experts, shall be
authorized or subcontracted without prior approval ofthe Labor Negotiator.
LS&D represents that it and a11 empioyees providing ]abor consulting services under t}us
contract are covered by professional liability insurance adequate for the protection of the City of
St. Paul with regard to the services provided.
1767431 O1 2
q4'���
Section 5. TOTAL COMPENSATION.
The Ciry of St. Paul agrees to pay LS&D's fees at $140.00 per hour for services rendered.
Hourly charges are billed in quarter hour increments.
In addition to this compensation, the City agrees to reimburse LS&D for the actual cost of
a11 out-of-pocket e�enses and disbursements. Any e�penses and disbursements wluch aze
anticipated to be of a substantial cost must be authorized or approved in advance by the Labor
Negotiator. Long-distance telephone calls and long-distance fas transmissions, but not local calls
or Iocal calls or 1oca1 fa�ng or receipts of f�es, aze reimbursed at actual cost.
Westlaw research shail be reimbursed at actual cost to LS&D. Clerical services, printing
or publishing costs aze not reimhursed unless the Labor Negotiator requests greater than 10
copies, in which case the City agrees to pay $.25 per page. The Labor Negotiator has the option
of copying materials beyond 10 copies at its own cost.
LS&D agrees to provide the Labor Negotiator with montlily billings, currentiy mailed
after the 15th of each month. The billings shall be detailed, identifying personnel utilized on
services, hours charged, City staff consulted and contain a clear description of work performed.
Expenses shall be similazly detailed.
Section 6. TERM AND TERMINATION OF CONTRACT.
The term of this contract is from March ___, 1999 to March ,, 2000; however, LS&D
or the Labor Negotiator may terminate this contract at any time by providing written notice of
such termination at least fifteen (15) calendar days prior to the effective date of such termination.
Upon termination LS&D shail furnish to the Labor Negotiator copies or duplicate
originals of al1 documents or memoranda prepared for the City and not previously furvished, and
a11 work in progress.
Upon ternunation LS&D shall be entitled to compensation for all services performed and
reimbursement for the actual cost of a11 out-of-pocket e�enses and disbursements made under
the contract prior to the effective date of the ternunation.
Section 7. FINDINGS CONFIDENTIAL.
Any information, data, reports, records, or other materials given to or prepared or
assembled by LS&D under this contract shall be kept confidential and LS&D shalt not make any
of this material available to any individual or organization without prior approval of the Labor
Negotiator.
1767431.01 3
99-'�y �
If any data on individuals is made available to LS&D by the Ciry pursuant to this contract,
LS&D shall maintain any such data in accordance with the Minnesota Government Data Practices
Act, Minnesota Statutes, chapter 13 and other statutory provisions applicable to the data.
Section 8. REPORTS.
Copies of all memoranda, coirespondence, and other work products prepared or
assembled by LS&D under this contract will be forvrazded to the Labor Negotiator.
Section 9. CONFLICT OF INTEREST.
LS&D certifies that it has diwlged to the City any and all actual or potentiai conflicts of
interest witlun the meaning of the Minnesota Rules of Professionai Conduct. LS&D will
immediately diwlge to the Labor Negotiator any actual or potential conflict of interest in which it
becomes aware during the term of this contract.
Further, LS&D certifies that to the best of its knowledge no City employee has any
pecuniary interest in the business of LS&D or with tlus contract and no person associated with
LS&D has any interest that would conflict in any manner or degree with the performance of this
contract.
Section 10. AFFIRMATIVE ACTION/CERTTTICATE OF COMPLIANCE.
If this contract is for a sum in excess of $SO,OOO.Q� and because LS&D has had moze than
20 full-time empioyees in the State of Minnesota at any time during the previous 12 months,
LS&D represents that it has an a�rmative action plan for the empioyment of minority persons,
women, and the disabled that has been approved by the Minnesota Commissioner of Human
Rights. Upon request, LS&D will promptly provide the Labor Negotiator with a copy of the
Certificate of Compliance from the Commissioner of Humau Rights signifying that LS&D has an
approved affumative action plan.
Section 11. EQUAL EMPLOYMENT OPPORTUNITY.
LS&D agrees not to discrnninate against any employee or applicant for employment
because of race, color, religion, sex, or national origin and to take affirmative action to assure that
applicants and employees are treated equally with respect to all forms of employment, rates of
pay, training and other forms of compensatioa
Section 12. AUDIT.
LS&D agrees to keep and maintain books, records, documents, and other evidence
pertinent to its performance under this contract in accordance with generally accepted accounting
principles. LS&D sha11 maintain such books, records, documents and other evidence until the
latest of the following occurs:
i�6�asi oi 4
99 �
A. Complete performance of tlus contract; or
B. Three (3) yeazs from the date of final payment under this contract; or
C. If any litigation, claim, or audit is commenced during said three (3) year period,
when al1 such litigation, claims or audits have been resolved.
During the time of such maintenance, authorized representatives of the City shall have
access during normal business hours to all such books, records, documents and evidence for the
purpose of inspection, audit and copying. LS&D shall provide proper facilities for such
inspection, audit or copying.
Section 13. FEDERAL RESTRICTION5 AND DISCLOSURE
REQUII2EMEI3TS.
Tlus section is included to ensure compliance with federal restrictions and disclosure
requirements found at 31 U.S.C. 1352. With respect to tlus Contract, LS&D will not haue any
contact with any of the following persons:
A. any officer or employee of any federal agency; or
B. any member of Congress; or
C. any officer or employee of Congress; or
D. any employee of a member of Congress;
in connection with any of the following matters related to the City:
A. the awarding of any federal contract; or
B. tbe making of any federal grant; or
C. the making of anp federalloan; or
D. the entering into of any cooperative agreement; or
E. the continuation, renewal, amendment, or modification of any of the preceding
matters;
unless specifically authorized to do so by the Labor Negotiator.
If any such contact occurs, LS&D will immediately report it to the Labor Negotiator.
i767asi ot 5
99-yy�
IN WITNESS WHEREOF, the City and LS&D have caused this contract to be executed
on the respective dates set forth below.
OFFICE OF LABOR RELATIONS
CITY OF ST. PAUL
Date: �'� � � ��S
BY�_ fA��s.: �
Mary`gL-SKearney „�
Director
LEONARD, STREBT AND DEINARD
PROFESSIONAL ASSOCIATION
Date: �—/ � � � By:__��a� f��%�c'Z'V
Robert Zegl h
Shareholder
Date: � �'� �
APPROVED AS TO FORM:
,- ' <� ��
By: t.�'�=''"�' ,: '-.
Craig M. Ayers �
Shareholder
B9 � � �'"'"-c"
i tor o the Department of
Finance & Management Services
176�431.01 6
g9-yy�
CITY OF SAINT PALTL
OFFICE OF LABOR RELATIONS
400 City Hall Annex
25 West Fourth Street
St. Paul, MN 55 1 02-1 63 1
Telephone: (651)266-6495
Facsimile: (651)292-7656
CONTRACT FOR LABOR CONSULTING SERVICES
CONTRACT NO.:
MATTER: Labor and Consulting Services
CONTRACT AMOLJNT: (See Below)
This contract is made and entered into by and between the Office of Labor Relations, City
of St. Paul, 400 City Hall Annex, 25 West Fourth Street, St. Paui, Minnesota 55102-1631 (herein
refened to as the "Labor Negotiator") and Leonard, Street and Deinard, P.A. (herein referred to
as "LS&D") for the purpose of providing labor consulting services as an Independent Contractor
in the areas of labor relations and contract negotiations.
THE ABOVE-NAMED PARTIES hereby agree as follows:
Section 1. RECITALS AND REPItESENTATIONS.
The Labor Negotiator wishes to retain LS&D as an Independent Contractor to render the
iabor consuhing services described below.
LS&D is desirous of performing such services and represents that it is experienced in
matters relating to the labor consulting contractor services described betow, is capa6le of
perfornung them, and that the person executing tlus contract is authorized to do so.
Section 2. SCOPE OF SERVICES.
A. LS&D will through it selection of the appropriate means and manner provide labor
consulting services to the Office of Labor Relations in connection with the following matters:
1. Provide labor analysis and labor advising on labor relations and contract
negotiation matters, including labor contract administration, azbitration, labor contract
negotiation, human resource practices and related administrative and non-litigation proceedings
which aze contracted to LS&D.
1767431 O1
9�—��c�
2. Present or advocate on behalf of the City with respect to contract
negotiations, arbitrations, unit hearings, or other non-legal matters which aze contracted to
LS&D.
3. Research and formulate non-legal opinions or advice and positions on the
above-noted matters.
4. Provide individual and/or group training or assistance to the Labor
Negotiator and/or her staff or designated City officials and employees as directed for the purpose
of acquiring advanced skills in representing the City in labor relations matters.
5. Perform other non-legal labor relations/collective bargaining tasks
contracted to LS&D.
B. The labor consulting services authorized by tlus contract include, without
limitation, non-legal research and preparation of advisory memoranda necessary to successfully
complete contracted projects.
C. The labor relations services authorized under this contract shall inciude only those
consulting services initiated or requested, either orally or in writing, by the Labor Negotiator or
such other persons as may be designated, in writing, by the Labor Negotiator.
Section 3. SERVICES PRIOR TO CONTRACT DATE.
The parties understand that certain labor relations consulting services, in connection with
the subject matter of tbis contract, may have been rendered by LS&D prior to the date of this
contract at the request of the Labor Negotiator. Such services are payable under this contract,
but do not include any matters related to the formation and execution of the Contract.
Section 4. L5&D PERSONNEL.
Mr. Craig M. Ayers, Esq. shall serve as LS&D's representative and assume primary
responsibility for coordinating all labor consulting services with the Labor Negotiator. It is
understood by the parties that LS&D may assign responsibility to employees in its employment to
efficiently perform the labor consulting services, subject to objection and removal of other
personnel by the Labor Negotiator.
Services under this contract shall be performed only by employees employed by LS&D
and no services, including retention of associate counsel, consuitants or e�perts, shall be
authorized or subcontracted without prior approval of the Labor Negotiator.
LS&D represents that it and all employees providing labor consulting services under tlus
contract are covered by professionalliability insurance adequate for the protection of the City of
St. Paul with regard to the services provided.
176�431.01 2
99-yyl
Section 5. TOTAL COMPENSATION.
The City of St. Paul agrees to pay LS&D's fees at $140.00 per how for services rendered.
Hourly charges aze billed in quarter hour increments.
In addition to this compensation, the City agrees to reimburse LS&D for the actual cost of
all out-of-pocket expenses and disbursements. Any e�penses and disbursements wluch aze
anticipated to be of a substantial cost must be authorized or approved in advance by the Labor
Negotiator. Long-distance telephone calls and long-distance faac transmissions, but not local calls
or local calls or local faxing or receipts of f�es, aze reimbursed at actual cost.
Westlaw reseazch shall be reimbursed at actual cost to LS&D. Clerical services, printing
or publishing costs aze not reimbursed unless the Labor Negotiator requests greater than 10
copies, in which case the City agrees to pay $25 per page. The Labor Negotiator has the option
of copying materials beyond 10 copies at its own cost.
LS&D agrees to provide the Labor Negotiator with montlily billings, currently mailed
after the 15th of each month. The billings shall be detailed, identifying personnel utilized on
services, hours charged, City staff consulted and contain a clear description of work performed.
Expenses shall be similarly detailed.
Section 6. TERM ANA TERMINATION OF CON'1RACT.
The term of tlus contract is from March _, 1999 to March _, 2000; however, LS&D
or the Labor Negotiator may terminate this contract at any time by providing written notice of
such termination at least fifteen (15) calendar days prior to the effective date of such termination.
Upon termination LS&D shall furnish to the Labor Negotiator copies or duplicate
originals of all documents or memoranda prepared for the City and not previously furnished, and
a11 work in progress.
Upon terxnination LS&D shall be entitled to compensation for a11 services performed and
reimbursement for the actual cost of all out-of-pocket expenses and disbursements made under
the contract prior to the effective date of the ternunation.
Section 7. FINDINGS CONFIDENTIAL.
Any information, data, reports, records, or other materials given to or prepared or
assembled by LS&D under this contract shall be kept confidential and LS&D shall not make any
of this materiai auailable to any individual or organization without prior approval of the Labor
Negotiator.
1767431 O1
99-4�f�
If any data on individuals is made available to LS&D by the City pursuant to tlus contract,
LS&D shall maintain any such data in accordance with the Minnesota Government Data Practices
Act, Minnesota Statutes, chapter 13 and other statutory provisions applicable to the data.
Section 8. REPORTS.
Copies of all memoranda, conespondence, and other work products prepazed or
assembled by LS&D under this conuact will be fonvazded to the Lahor Negotiator.
Section 9. CONFLICT OF INTEREST.
LS&D certifies that it has diwlged to the City any and a11 actual ar potential conflicts of
interest within the meaning of the Minnesota Rules of Professional Conduct. LS&D wili
immediately diwlge to the Labor Negotiator any actual or potential conflict of interest in wluch it
becomes aware during the term of tlus contract.
Further, LS&D certifies that to the best of its knowledge no City employee has any
pecuniary interest in the business of LS&D or with tiris contract and no person associated with
LS&D has any interest that would conflict in any manner or degree with the perforivance of ttns
contract.
Section 10. AFFIRMATIVE ACTION/CERTIFICATE OF COMPLIANCE.
If this contract is for a sum in excess of $50,000.00 and because LS&D has had more than
20 full-time employees in the State of Minnesota at any time during the previous 12 months,
LS&D represents that it has an affirmative action plan for the employment of minority persons,
women, and the disabled that has been approved by the Minnesota Commissioner of Human
Rights. Upon request, LS&D will promptly provide the Labor Negotiator with a copy of the
Certificate of Compliance from the Commissioner of Humau Rights signifying that LS&D has an
approved affirmative action plan.
Section 11. EQUAL EMPLOYMENT pPPORTUNITY.
LS&D agrees not to discriminate against any employee or applicant for employment
because of race, color, religion, se� or national origin and to take affirmative action to assure that
applicants and employees are treated equally with respect to all forms of employment, rates of
pay, training and other forms of compensation.
Section 12. AUDIT.
LS&D agrees to keep and maintain books, records, documents, and other evidence
pertinent to its performance under tlus contract in accordance with generaliy accepted accounting
principles. L5&D shall maintain such books, records, documents and other evidence until the
latest of the following occurs:
»s�asi o� 4
q9-yy,
A. Complete performance of this contract; or
B. Tbree (3) years from the date of final payment under this contract; or
C. If any litigation, claim, or audit is commenced during said three (3) year period,
when all such litigation, claims or audits have been resolved.
During the time of such maintenance, authorized representatives of the City shall have
access during normal business hows to all such books, records, documents and evidence for the
purpose of inspection, audit and copying. LS&D shall provide proper facilities for such
inspection, audit or copying,
Section 13. FEDERAL RESTRICTIONS AND DISCLOSURE
REQUIItEMENTS.
This section is included to ensure compliance with federal restrictions and disclosure
requirements found at 31 U.S.C. 1352. With respect to this Contract, LS&D will not ha�e any
contact with any of the foilowing persons:
A. any officer or employee of any federal agency; or
B. any member of Congress; or
C. any officer or employee of Congress; or
D. any employee of a member of Congress;
in connection with any of the following matters related to the City:
A. the awarding of any federal contract; or
B. the making of any federal grant; or
C. the making of any federal loan; or
D. the entering into of any cooperative agreement; or
E. the continuation, renewal, amendment, or modification of any of the preceding
matters;
unless specifically authorized to do so by the Labor Negotiator.
If any such contact occurs, LS&D will immediately report it to the Labor Negotiator.
176"/431 Ol 5
99-yy
IN WITNESS WHEREOF, the City and LS&D have caused this contract to be executed
on the respective dates set forth below.
OFFICE OF LABOR RELATIONS
CITY OF ST. PAUL
Date: � -a-3 !��/
Date: �—� 7
� �
Date: '� j f �L1 �
By: ����o r�
Mary . earney
Director
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
By: `
Ro ert Zeglo c
Shareholder
�
Craig M.
APPROVED AS TO FORM:
Assis t City Attome
-�,�3 ,`tti
By: �`r'��� �` ��
Di or of t e Department of
Finance & Management Services
1767431.01