261329 WH17E - CITY CLERK
PINK f FINANCE COUTICil
B:u�RY,- MAVORTMENT GITY OF SAINT PAIIL File NO. 2f1 �9
' � ��� Council Resolution
� �
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the City Council, pursuant to Laws 1971,
Chapter 33, Extra Session and Section 12.09 of the Gity
Charter, is charged with the duty of ineeting and
negotiating with public employees in appropriate bargaining
units and providing written agreements evidencing the
result of such bargaining; and _ �
WHEREAS, the Council, to carry out the duties and
responsibilities charged thereunder, desires to retain
the services of Mr. Nathan Lipson as a labor rel�ati,ons
consultant to the City Council and the City of Saint P�:ul;
now, therefore, be it
RESOLVED, by the Council of the City of Saint Paul
that it hereby autho�izes and directs the appropriate City
officials to execute an agreement between the City of Saint
Paul and Mr. Nathan Lipson relative to providing consulting
services in the area of labor rela�ions in the form and
manner on file in the office of the City Clerk.
COUIVCILMEN Requested by Department of:
Yeas Bt11'►1@Z' Nays
�Ierr�
Konopatzki In Favor
Levine
Meredith � Against BY
� Roedler
Tedesco
Mme.President Bffti2t' �t A
MAY �6 �� Form Approved by City Attorney
Adopted by Council: Date � —
Cert' ed sed by C ci tary BY / �c° ��'� �
By
Approved withoU Approved by Mayor for Submission to Council
Approved by M or: Date �
' pursuant to Section 6.08
By By
.
PUBLISHED .JUN 1973
� -
CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
May 16, 1973 KENNETH J. FITZPATRICK
. �
�,,�r'
��
To the Members of the Council of
the City of Saint Paul
The Management and Personnel Committee, at its last
meeting, moved approval of an arrangement to phase
out the current labor relations consultants to coin-
cide with the c�ompletion of 1973 bargaining matters
and to retain Mr. Nathan Lipson to deal with 1974
labor relations ma.tters. Accordingly, I received
from the Chairman of the Management and Personnel
Committee a letter requesting this motion be imple-
mented. Since collective bargaining is currently
the responsibility of the City Council under 5ection
12.09 of the City Charter, it will be necessary that
the enclosed resolution be adopted by the City Council
to authorize the administrative officers of the City
to execute an agreement with Mr. Lipson for the per-
forma.nce of consulting services.
Very truly yours,
��:��c�'���
w11171. � �- C:TY [:LERY .
�����; _ �������- (�I 1'Y OI� �AIl� T � ��ITL
� T > Council m � �-�,�-
,��a�,��.- �,E_FA�T�,E�r File NO. ,�".X�� ______.
.+t . � . ..tAVOR
� �-, �'ouncil .�esolu�i�n � �
. - ;
, -
F'rt�s�°,�tcd I3y --� ti..�....�_��� ----- ----- ---____ _-------- _..._.___._
Peferrr>ci "I'o —_---- - Committee: llate ------._-_---. --._�,_____
�1iit of Committee By_ - Date — --- - ___-�. __
WHERF,AS, the City Council, pursuant to Laws 1971,
C,:1:1t�t��r 33, Ext.ra Session and Sect�on 12,09 of the Ci_ty
Gharter, is charged' with the duty of tneet�ng and
ne�otiati_r�g �aith pubiic employees in appropriate bargaining
uni.ts and providing ti�ritten agreements evidencing the
result ot such bargair�ing; and
�vHEREAS, the Ccuncil, to carry out the duti_es and
responsibilzties charged thereunder, desires to retain
the services of Mr, Nathan Lipson as a labor relations
ccnsultant to the City Council anci the City of Saint Pau1;
no��:, theref.ore, be it
RESOLVED, by the Council oL the City of Saint Paul
th��tt it hereby 21�thorizeu and <�irECts the appropriate City
off.;_cia�s to exec�te an agre.e�nent between the City �f Sairlt
Put�i and Mr. Nathar� Lipson relative to providin; consulting
services in the area of labor .relations in the form an�:1
- ��ar�i.er on file in the ofiice of the Clty Clerk. �
- x��-.-
- _,j.. . _J.�,•.•. •�., , � �F^'.lES`.?C ty �EfiQ.:t?7iE!li Gi;
_,
. r , . � � .. ..
1 I
. � _ _ �- -__.
. � Y'd'_'" —------ -----
� 4
.. .. �'
..w . � :,�a_ � B, ----- --- _--- _ � _..,.__
- � --- ..� __-------
7i� ��;:.� . .F_.._8� - . _ ..._
� �
yl, t. . ._ . i��rs. +r'A V �I'17 2 L/ ��Vf Y 1�'�. . :1��+�vit'�`J ;l� r� .�..J A.�V.:.ic
-,.
_.
1 - - � ' � �
�.< <.� � ,;�„
- -�
, . ---___— --
_ � %�
• l:' `�,� �, �,,-!_: .% . ,,°,. ,�J ,; tSi /.� °��c _ � �._, _._�_ _��
, �� . � �
/ ° ,l/
.�
_�.. _
�z� � �%A�-��-/ �� �'��/. �'�
. _ .� .- - - >_
, .....
_ :
'�'1'. .- �-�T" -.. i -� �- ,�'��J4f�f•z' ='?�L."c .S�.ty {l�T�r'7a;. .�;i�i��F": tlf t��.:ty'ii fftT :a���Cf!lcrY`�tt }'� r�nt11?C:� . . . .
�
,1 r 7Y.t:i '�.( ;�.'.����il: `).}�i � .
�* _ �
. . ..___.._ . ..... .._.._____' .._. _� ..�_�._.._,.
..._..� _._ __ .__.._ ...._—�.�..
.7.: .... µ ../..�; L� .- e�•.�r_S ... ._. ��� ....... . ... ... . . . .
_.L i �i� �.[ .. '�;T� . . � � .
' s
r
)
�
A G R E E M E N T
THIS AGREEMENT, Made and entered into this day
of , 1973, by and between the City of
Saint Paul, a municipal corporati,on organized and existing
under th� laws of the State of Minn�sota, :hereinafter
called "City", and Nathan Lipson, an individua�., hereinafter
called "Associate',';
WITNESSETH:
tidHEREAS, City pursuant to Laws 1971, Chapter 33, Extra
Session, is charged with the duty of ineeting and negotiating
with public employees in appropriate bargaining units and,
further, for providing written agreements evidencing the
result of such bargaining; and
WHEREAS, Associate offers consulting services in th e
area of labor relations and is experienced and qualif ied in
the handling of negotiations with public employees and the
preparation of written collective bargaining agreements; and
WHEREAS, Associate is w�lling to act as consultant to
City on such labor relations ma.tters as City may designate in
accordance with his best and most efticient methods;
'r
. ,
NOW, THEREFORE, for and in consideration of the
respective agreements herein contained, the parties
agree as follows:
l. The City hereby employs and engages Associate
as consultant to the City for the purpose of aiding and
assisting City in its labor negotiations with public �
employees as such are required pursuant to Laws 1971,
Chapter 33, Extra Session, and such other laws. and ordi-
nances as may be adopted by the governing body of City
pursuant to Charter, associate' s general duties in that
capacity to be such as ma.y be determined by City. Such
duties shall include, but shall not be limited to, the
offering of advice and consultation on:
a. The establishment by City in collective
bargaining agreements of rights, responsibilities,
procedures and limitations regarding public empioy-
ment relationships which shall provide further
protection of the rights of the public employee,
the public employer and the public at large.
b. The planning and coordination of negotia-
tions between City and public employees in appropriate
bargaining units, including necessary advice, strategy
and plans for conducting fruitful negotiation sessions
in the best interests of the City and the public.
c. Attendance at negotiation sessions between
-2-
_�
City and public employees in appropriate bargaining
units, including active participation in such
negotiations to the extent deemed necessary by City.
d. The preparation of collective bargaining
agreements in written form evidencing the result of
negotiations between the City and its public employees.
e. Such other labor relations advice and con-
sultation as is deemed necessary by City to assure the
achievement of orderly and peaceful relations between
City and its employees.
2. The term of employment hereunder shall be for a
period not to exceed twelve months from the effective date
of this agreement. _
3. As compensation for such consulting services as
Associate renders hereunder, Associate shall be paid a con-
sultant' s fee of Fifty Dollars ($50.00) per hour for services
rendered by Associate and Twenty-Five Dollars ($25.00) per
hour for services rendered by Associate' s assistants when
approved in advance by City. Approval shali be obtained by
written memorandum from the Management and Personnel Committee
of the City Council, which memorandum shall set forth the
particulars of the services to be rendered by Associate.
The City agrees to pay Associate Five Hundred Dallars
($500.00) per month as a retainer for each mo-nth of service
^3_
rendered hereunder in accordance with City' s general payment
procedures. Any differences between the retainer a�d hours
worked shall be balanced quarterly and appropriate credit
shall be ma.de. If Associate' s statement of hours exceeds
the sum of the retainer, then City shall pay Associate the
difference between the retainer and the sum of the hours
worked. Tf Assaci�te' s statement of hours is less than the
sum of the retainer, the difference shall be credited to the
payment of retainer in the next quarter.
Associate shall render to City monthly a statement of
hours by Associate and Associate' s assistants, along with a
report of the progress and status of the labor relations
services performed. Such report shall be rendered to the
Management and Personnel Committee of the City Council.
Associate shall keep the Management and Personnel Committee
of the Council fully informed of all developments on a current
basis and shall receive assignments, advzce and direc�ion from
said Committee.
4. Associate shall not. be considered an employee of the
City and shall be entitled to none of the benefits usually
accorded a regular City employee, including but not limited
to such items as severance pay, health and welfare insurance
benefits, retirement credits, workmen' s compens'ation coverage
or other benefits norma.11y considered to be employee fringe
benefits for any regular City employee.
,
..rt
S. Associate shall be deemed an independent contractor
for the purposes of this agreement and shall not be su�jec�
to any existing civil service provisions, protections or
benefits accorded regular City employees, and Associate
hereby expressly waives all rights to benefits accorded
present City employees and hereby acknowledges that he is
entitled to ma.k� no claim against City except for compensa�ion
for services rendered as herein provided.
6. Associate agrees, in accordance with Minnesota
Statutes 181.59, that in the hiring of common or skilled
labor for the performance of any work under this agreement,
he will not, by reason of race, creed, color or sex, discriminate
against any person who is a citizen of the United States and
who is qualified and available to perform the work to which such
employment relates. Associate agrees that this agreement may
be cancelled or terminated by th� City and all stim.s due or to -
become due hereunder shall be forfeited for a second or ang
subsequent violation of the terms and conditions herein.
7. Associate understands and agrees that he wiZl perform
no legal services nor engage in any legal business with the
City as a result of or in relation to this agreement.
8. This agreement may be cancelled or terminated by
either party hereto upon thirty (30) days written notice to
the other party without the giving of any reason therefor.
City reserves the right to terminate this contract at any
-5-
� �
' •
time for eause. Upon receipt of notice of termination for
cause, no claims tor payment will be allowed b�yond� the - �
date of notification of intent to so terminate.
9. This document contains the entire agreement between
the parties hereto. '�here were no inducements or representa-
tions leading to the execution hereof except as herein
contained�
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the day and year first above
written.
Form Approved: CITY' �OF SAINT PAUL
Deputy City Attorney � Mayor
Approved as. _to _Form . Director - Department of �
_ _ , . ,
and Execution: Finance & Management Services
Deputy City Attorney Nathan Lipson
_6_
y _.\\ .. ...... . ... . � _^
A G R E E M E N T
THIS AGREENIENT, Niade and entered into this day
of S 1973, by and between the City of
Saint Paul, a mu�icipal corporation organized and existing
under th� la��rs of the State of Minr,.esota, hereinafter
called "City", and Na�.har9. Li.pson, an individua�., hereinaf ter
called "Associ�.te'';
�JITNES SETH:
' tiJHEKEAS, City pursuant to Laws I971, C'napter 33, Extra
Session, is charged wi.th the duty of ineeting and nega�iatin�
with public employees �.n appropriate bargaining units and,
furt�er, for providing written agreements evidencing the
z�esult of such bargaining; and
WHEREAS, Associate offers consultir�g services in the
area oi labor re3_ations and is experienced and qualif ied in
the handling of negotiations wit;h public enployees and the
preparation of ��rrit�en collective bargaining agreemez�ts; and
WHEREAS, Associate is �v�lling to act as consultar.t to
City on such labor relat:ions matters as City may designate in
accordance �,Tith his best and most ef�icien� methods;
` _ _
_ _,
_� _ -.,�
, ._
.,�-..
. . _
City and public employees in appropriate bargaining
units, including active participation in such
negotiations to the extent deemed necessary by City.
d. The preparation of col.lective bargaining
ag�eemen�s in �c�rritt�r� form evidencing the result of
negotiations between the City and its public employees.
e. Such other labor relations advzce and con-
sultation as is deemed necessary by City to assure the
achievement of orderly and peacefu.l relations between
City and its employFes.
2. The term of employment hereunder shall be for a
perio� not ta exc�:ed t�aelve months from the effective date
ot this agreement.
3. As compensati.on for sucn consulting services as
A�;sociate renders hereunder, Associate shall be paid a con-
sultant' s fee c:f Fifty Do31��.rs ($50.00) �e:� hcur for services
rendered by Associate and Twenty-Five Dollars ($25 .00) per
hour for services rendered by Associate' s assistants iahen
approved in advance by City. Approval sha11 be obtained by
written memorandum fro�r� the Management and Personnel Committee
of the City Courtcil, which memorandum sha11 set forth the
particulars of the services to be rendered by� Associate.
The City agrees to pay Associate Five Hundred Dollars
($500.00) per month as a retainer for each month of service
. -3-
.
rendered hereunder in accordance with City' s general payment
procedures. Any differences between the retainer arid hours
worked shall be balanced quarterly and appropriate credit
shall be made. If Assacia�.�' s statement of hours exceeds
the sum of the retainer, then City sha].l pay Associate the
difference between the retainer and the sum of the hours
worked� T� Associate` s st��.err�ent of hours is less than the
sun� of the r�tai.ner, the di.ffetence shall be credite�. to the
paymerlt of retainer in the next quarter.
Associate shall render to City monthly a statenent of
hr..}�.��:: ?�y Associa�e and �' ssoci.:��:,: ' s assistants, alon�; witrA ,�.
report of the progress and status of the labor relations
services performed. Such repor� siiall be rendered �o the
Management and �,�Lsonnel Committee of the City Council.
tis�ociate shall keep the Management and Personnel Committee
of the Council fully informed o� all developments on a current
basis and shall receive assignments, advice ar.d direc�ion from
said Committee.
4. Associate shall not be considered an employee of tre
City and shall be entitled ta none of the benefits usually
accorded a regular City employee, including but not limited
to such items as severance pay, health and welfare insurarice
benefits, retirement credits, workmen' s compen�ation coverage
or other benefits norma.11y considered to be employee fringe
benefits for any reguTar City employee.
_,�_ ,�_ _
� --....__. _�- -�
. _,_
5. Associate shall be deemed an independent contractor
for the purposes of this agreement and shall not be subjec�
to any exi.sting civil service provisions, protections or
benefits ac.carded regular City employees, and Associate
hereby expressly waives a11 rights to benefits accorded
prese�t City employees and hereby acknowledges that he is
entitled t� make no claim agains�. City except for compensation
for services rend��ed as herein provided.
6. Associate agrees, in accordance with Minnesota
�tatutes 1�:1.5� , that in the hiring of com��n.on or skilled
� a'�or for the performanc� o� �,ny work under this agreertent,
h� �vill not�s by reason of race, creed, color or sex, discriminate
against any person who is a citizen of the Ur�.ited States and
��no is qualified and avail.able to perform the work to which sucn
er.�ployment relates � Associat� agrees that this agreement may
�� ,ar,,celled or terminated by th� City and al1 sums du� or to
�ec�mP due hereunder shall be forf_eited for a second or any
subsequent violation oi the terms and conditions herein.
7 . Associ.ate unde?-stands and agrees that he will perforrr�
no legal services nor engage in any legal business with the
City as a result of or in relation to this agreement.
8. This agreement ma.y be cancelled or terminated by
either party hereto upon thirty (30) days written notice to
the other party `vithout the giving of any reason therefor.
City reserves the right to terminate this contract at any
,
-5-
. ,. . �
s
time for eause. Upon receipt of notice of termination for
cause, no claims for paym�nt will be allowed beyond the
date of notification of intent to so terminate.
9. This document contains the entire agreement between
the parties hereto. There were no inducements or representa-
tions leading to the execution hereof except as herein
contair�ed.
IN WITNESS WHEREOF, the parties hereto have caused this
. ag .r.ee:nent to be executed as of the day and year first above
�Tritt�n.
I'orm Approved: CITY" OF SAINT PAUL
Deputy� City Attorney ` Mayor
ti�,•proved as t�> _Form Director - Department of
an� Execution: Finance � I�lanagem�nt S?rvices
Deputy City Attorney Nathan Lipson
_6_