06-553Presented
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CITY
Council File #�3
Green Sheet # O G.$
RESOLUTION
SAINT PAUL, MINNESOTA /a
WHEREAS, the City of Saint Paul has the need for lobbying services for the city and wishes to retain Lockridae,
Grindal,lVauen, P.L.L.P. for those services; and
WFIEREAS, the proposed lobbying a�eement is attached to this resolution; and
WHEREAS, pursuant to the Saint Paul Administrative Code, Section 45.03, as adopted by the City Council,
November 24, 2004, requires prior authorization by the City Council for any lobbyist to engage in lobbying
Acrivities on behalf of the city; and
RESOLVED, that the Council of the City of Saint Paul approve the retention of Loclaidge, Griudal, Nauen,
as City Lobbyists for 2006.
Benanav
Bostrom
Harris
Helgen
Thune
Adopted by Council: Date
✓
✓
✓
✓
Adoption Certified by Council Secretary
BY= / /'/�! . `/lS�i2_
Approved rFay r: Date �—��j—�
BY� ii �
Requested by Depaztment of:
B
Form
B
Form
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Deparhnentlofficekouncil: Date Initiated:
Mo -�o�s�ce o�-��� Green Sheet NO: 3030965
CoahCt Pe�son 8 Phone: Deoartrnent Sent To Person IniliallDate
Mn Mulholland �/ 0 a Y ce
on Council Agenda
ContractType:
RE-RESOLUTION
Number 2 - A e
For
Routing 3 a or' OtHce Ma r/ t
Order 4 ancil
5 ' Clerk Gl' Clerk
Total # of Signature Pages _(Clip All LoCations for Signature)
Council Resolution to accept a lobbying ageement with Lockridge, Grindal, Nauen for the year 2006.
itlations: Appro�e (A) or R
Planning Commission
CIB Committee
Citil Service Commission
Personal Service Contracts MustMswerthe Following Questions:
1. Has this person/firtn eeer worked under a contract for this departmerrt?
Yes No
2. Has this persoNfirtn e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill not normally possessed by any
current city employee?
Yes No
Expiain all yes answers on separete sheet and attach to green sheet
In@iating Problem, Issues, Opporlunity (Who, What, When, Where, Why):
� . �
Advantages IfApproved:
Disativanta5�es IfApproved:
, 1 _ � � . .
Disadvantages If Not Approved:
TransaaGOn:
Funding Source:
Financiai h�fiormation:
(Explain)
CosNRevenue Budgeted:
Activity Number:
June 7, 2006 8:14 PM Page 1
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AGREEMEN'I` BETWEEN
THE CITY OF SAINT PAUL AND
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
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— THIS AGREEMENT, made and entered into this 1 st day of February, 2006, by and
between the City of Saint Paul, Minnesota, a municipal corporation under laws of the State of
Minnesota, hereinafter referred to as City, and Lockridge Crrindal Nauen P.L.L.P., whose address
is Suite 2200, 100 Washington Avenue South, Minneapolis, MN 55401, hereinafter referred to as
Consultant.
The City and Consultant, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, agree as follows:
SECTION I.
A. Scope of Services.
• Monitor the House and Senate Public Safety Committees for issues relevant to the City
• Monitor the House and Senate Commerce Committees for issues relevant to the City
• Monitor the House and Senate I,ocal Govemment Committees for issues relevant to the
City
• Momtor a11 bill introductions for bills relevant to the City
• Provide back-up monitoring in the House and Senate Tas Committees as requested
• Monitor all rele�ant House and Senate Floor Sessions
• Identify opportunities to amend language related to the fake ID 'assue
• Identify opporiunities to amend language related to the homeless sex offender issue
• Provide timely written and oral reports to City contacts as requested
B. Lockridge Grindal Nauen's Approach to Lobbying.
The Consultant will build a precise, cost-effective, City-directed program that
accomplishes the City's goals. This program includes at least four basic components:
Thorough Analysis:
The Consultant, working directly with City staff, will carefully and completely analyze
each critical issue azea identified by the City in Section I.A above, focusing on strategy, likely
acfion timetables, real and potenrial problems as well as advantages of various options, key
players and other pertinent background.
Action Plan:
Using that analysis, the Consultant will wark with City staff to prepaze an effective, goal-
specifiq St. Paul directed government relations strategy.
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Primary Source Information:
_ The Consultant will_go b�ond_conventionaLsQUtces_to get_thac�-info��tie� ---------
directly from deeision makers that is needed to carty out activities in Secfion I.A above. The
Consultant will make sure city staff understand the implications of pending decisions and
work with the city in deteimining the best course of acrion.
Direct Contact:
The Consultant will utilize a two-pronged approach for St. Paul. The Consuitant will put
the City into d'uect contact with decision makers in the Administrafion, Congress and Federal
agencies, making certain that City staff and officials meet with the right people, at the right
time, to help assure a successful outcome.
And, the Consultant will contact them directly, using its laiowledge of the issues and
close professional relationships witt� key people to guide and improve legislation of special
concern to City officials.
C. The services rendered by Consultant shall be commenced upon execution of the
Agreement and notification by the City to proceed, and shall be completed in
accordance with the schedule mutually agreed upon with the City, and in no event
later than one year from the effec6ve date of this Agreement.
D. Consultant shall not proceed with any task without specific authorization from the
Project Manager designated by the City.
SECTION 2. Billings and Payment.
A. That for Consultant's faithful performance of this Agreement, the City hereby
agrees to compensate Consultant in the amounts and according to the schedule
that follows.
$1,818.18 per month. Total cost of the contract shall be $20,000.
B. In addirion to payment for professional fees, Client shall pay Consultant for a11
reasonable incidental expenses incurred by Consultant on C1ienYs behalf. Client
agrees to pay any lobbyist principal and lobbyist registration fees imposed by the
state.
C. The above amounts shall fully compensate Consultant for all work and associated
costs. The City will honor no claim for services and/or costs provided by the
Consultant not specifically provided for in this Agreement.
D. Consultant shall submit an itemized invoice each month. Upon receipt of the
invoice and verification of the charges by the Proj ect Manager, the Ciry shall
make payment to Consultant within twenty (20) days.
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E. In the event the Consultant fails to comply with any terms or conditions of the
contract, or to provide in any manner the work or services as agreed to herein, the
City reseroes the right to withhold any__payment until_1he_Cit�is_sarisf ed r?� +
corrective action has been taken or completed. This oprion is in addition to and
not in lieu of the City's right to termination as provided in the sections of this
Agreement.
SECTION 3. Project Management.
A. The City requires the Consultant to assign specific individuals as principal project
members and to assure that the major work and coordination will remain the
responsibility of these individuals during the term of the Agreement. Removal of
any principal project member without replacement by equaily qualified
individuals or without the priar written approval of the City is grounds far
termination of the Agreement by the City. ConsultanYs principal project members
are: H. Theodore Grindal, Kathleen Micheletti, Douglas Stang and R. Reid
LeBeau.
B. The City has designated Ann Mulholland, Chief of Staff as the Project Manager
for this Agreement, and the individual to whom all communications pertaining to
the Agreement shail be addressed. The Project Manager shall have the authority to
transmit instructions, receive information, and intetpret and define the City's
policy and decisions pertinent to the work covered by ttus Agreement.
SECTION 4. City Responsibilities.
A. The City agrees to provide Consultant with access to any information from City
documents, staff, and other sources needed by Consultant to complete the work
described herein.
SECTION 5. Work Products, Records, Aissemination of Information.
A. For purposes of this Agreement, the following words and phrases shall have the
meanings set forth in this section, except where the context clearly indicates that a
different meaning is intended.
"Work product" shall mean any report, recommendation, paper, presentation,
drawing, demonstration, or other materials, whether in written, electronic, or other
format that results from Consultant's services under this Agreement.
"Supportzng documentation " shall mean any surveys, questionnaires, notes,
research, papers, analyses, whether in written, electronic, or in other format and
other evidences used to generate any and all wark performed and work products
generated under this Agreement.
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"Business records" shall mean any books, documents, papers, account records
and other evidences, whether written, electronic, or in other forms, belonging to
Consultant and pertaining to work performed under this Agreement.
B. All deliverable work products and supporting documentation that result from the
ConsultanYs services under this Agreement shall be delivered to the City and shall
become the property of the City after final payment is made to the Consultant with
no right, title, or interest in said work products or supporting documentation
vesting in Consultant.
C. The Consultant agrees not to release, transmit, or otherwise disseminate
information associated with or generated as a result of the work performed under
this Agreement without prior knowledge and written consent of the City.
D. In the even of termination, all documents finished or unfinished, and supporting
documentation prepared by the Consultant under this Agreement, shall be
delivered to the City by Consultant by the termination date and there shall be no
further obligation of the City to Consultant except for payxnent of amounts due
and owing for work performed and expenses incurred to the date and time of
termination.
E. The Consultant agrees to maintain all business records in such a manner as will
readily conform to the terms of this Agreement and to make such materials
available at its office at all reasonable times during this Agreement period and for
six (6) years from the date of the final payment under the contract for audit or
inspection by the City, the Auditor of the State of Minnesota, or other duly
authorized representarive.
R Consultant agrees to abide strictly by Chapter 13 of the Minnesota Statutes
(Minnesota Government Data Practice Act) as well as any other applicable
federal, state, and local laws or ordinances, and all applicable rules, regulations,
and standards established by any agency of such governmental units which are
now or hereafter promulgated insofar as they related to the Consultant's
performance of the provisions of this Agreement. Consultant agrees to provide
information pursuant to Minnesota Statutes, Chapter 13.05.
SECTION 6. Equal Opportunity Employment.
A. Consultant will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex,
age, or national origin and will take affirmafive steps to ensure that applicants are
employed and employees aze treated during employment without regard to race,
color, religion, sex, age, or national origin. This provision shall include, but not
be limited to the following: employxnent, upgrading, demotion, or transfer,
recnxiUnent advertising, layoff or termination, rates of payor their forms (of
compensation, and selection for training, including apprenticeship.
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SECTION 7. Compliance With Applicable Law.
A. Consultant agrees to comply with all federal, state, and local laws or ordinances,
and all �licable rule� re�ulations, and_sYandazds.estaUlislied h"�ge�y e€---- --
such governmental units, which aze now or hereafter promulgated insofar as they
relate to the ConsultanYs performance of the provisions of this Agreement It shall
be the obligation of the Consultant to apply for, pay for, and obtain all permits
and/or licenses required. "I'his Agreement is in compliance with City of Saint Paul
Administrarive Code, Chapter 45.
B. The Parties may mutually agree that Consultant will be responsible for filing
various campaign finance reports with the state from rime to time. In the event
that the Parties agree that Consultant will file these reports, Client shall maintain
records in sufficient detail to accurately complete each report and shall make such
recotds available to Consultant at least five (5) days prior to any reporting
deadline
SECTION 8. Conflict of Interest.
A. Consultant agrees that it will not contract for or accept employment for the
perfonnance of any work or services with any individual, business, coxporafion, or
government unit that would create a conflict of interest in the performance of its
obligations pursuant to this Agreement with the City.
B. ConsultanYs acceptance of this Agreement indicates compliance with Chapter
24.03 of the Saint Paul Administrative Code: Except as permitted by law, no City
official or employee shall be a party to or have a direct financial interest in any
sale, lease, or contract with the City.
C. Consultant agrees that, should any conflict or potential conflict of interest become
known, Consultant will advise the Purchasing Systems Manager of the situation
so that a determination can be made about ConsultanYs ability to continue
performing services under the Agreement.
SECTION 9. Independent Contractor.
A. It is agreed by the parties that, at all times and for all purposes within the scope of
the Agreement, the relationship of the Consultant to the City is that of
independent contractor and not that of employee. No statement contained in this
Agreement shall be construed so as to find Consultant an employee of the City,
and Consultant sha11 be entitled to none of the rights, privileges, or benefits of
Saint Paul employees.
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SECTION 10. Subcontracting.
A. The Consultant agees not to enter into any subcontracts for any of the work
contemplated under this A�reement w_ithout obtaiuingprio��vriYYenap}�soyal_of__—_—__— --
the City. -- -- -- —
SECTION 11. Hold Harmless.
A. The Consultant shall indemnify, save and hold harmless, protect, and defend the
City, its officers, agents, and employees from all claims, acrions ar suits of any
character brought for or on account of any claimed or alleged injuries or damages
received by any person or property, including the City, resulting from any act or
omission by any person employed by Consultant in carrying out the terms of this
Agreement.
SECTION 12. Assignment.
A. The City and the Consultant each binds itself and its successors, legal
representatives, and assigns of such other party with respeet to all covenants of
this Agreement, and neither the City nar the Consultant will assign or transfer
their interest in this Agreement without the written consent of the other.
SECTION 13. Termination.
A. This Agreement will continue in full force and effect until December 31, 2006
unless either party terminates it at an earlier date. Either party to this Agreement
may terminate it by giving no less than ninety (90) days written notice of the
intent to terminate to the other party.
B. With Cause. The City reserves the right to tenninate this Agreement if the
Consultant violates any of the texms ar does noC fulfill, in a timely and proper
manner, its obligations under this Agreement as determined by the City. In the
event that the City exercises its right to withhold payment or terminate under this
Section, it shall submit written norice to the Consultant, specifying the extent of
such withholding or temiination under this SecUon, the reasons therefore, and the
date upon which such withholding or termination becomes effective. i3pon receipt
of such notice, the Consultant sha11 take all actions necessary to disconrinue
further commitments of funds to the extend that they relate to the ternunated
portions of this Agreement.
C. In the event of termination, the City will pay Consultant for all services actually,
timely, and faithfully rendered up to the receipt of the notice of termination and
thereafter until the date of texmination. The Consultant will deliver all work
products and supporting documentation developed up to the time of teiminarion
priar to the City rendering final payment for service.
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SECTION 14. Default by Consultant
A. Tn the event Consultant fails or neglects to comply with any term or condition of
tlus A eement or to rovide the s_e_ryices statedlietein,_CiYy �hati haVexhe.r-jgl}t,—__
— --- — — — � -- --� -- ---
after written norice, to cease payment hereunder. This remedy shall be in addition
to any other remedies, including termination, available to the City in law or
equity. The City shall be entitled to recover reasonable attomey's fees and costs of
collection associated with enforcing its rights hereunder.
SECTION 15. Amendment or Changes to Agreement.
A. City or Consultant may request changes that would increase, decrease, or
otherwise modify the Scope of Services. Such changes and method of
compensation must be authorized in wriring in advance by the City.
B. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when reduced to writing and duly signed by the
parties.
C. Modifications or additional schedules shall not be construed to adversely affect
vested rights or causes of action which have accnxed prior to the effective date of
such amendment, modificafion, or supplement. The term this Agreement as used
herein sha11 be deemed to include any future amendments, modifications, and
additional schedules made in accordance herewith.
D. The parties agree to renegotiate this agreement if the legislature goes into any
special sessions and Client requests active lobbying services on any issues during
any such special session.
SECTION 16. Notices.
A. Except as otherwise stated in this Agreement, any notice or demand to be given
under this Agreement shall be delivered in person or deposited in United States
Certified Mail, Rehun Receipt Requested. Any notices or other communications
shall be addressed as follows:
To City:
Ann Mulholland
390 City Ha11
15 West Kellogg Blvd.
Saint Paul, MN 55102
To Consultant:
Hany E. Gallaher
Lockridge Grindal Nauen P.L.L.P
Suite 2200
100 Washington Avenue S.
Minneapolis, MN 55401
SECTION 17. Waiver.
A. Any fault of a party to assert any right under this Agreement shall not constitute a
waiver or a termination of that right, this Agreement, or any of this AgreemenPs
provisions.
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SECTION 18. Survival of Obligations.
A. The respective obligations of the City and Consultant under these terms and
__conditions, which_� their nature would continue beyond_the�erm�nar;nn,
� cancellafion, or expiration hereof, shall survive terminafion, cancellation or
expiration hereof.
B. If a court or governmental agency with proper jurisdiction deternunes that this
Agreement, or a provision herein is unlawful, this Agreement or that provision,
shall terminate. If a provision is so terminated but the parties legally,
commercially, and practicably can continue this Agreement without the
ternunated provision, the remainder of this Agreement shall continue in effect.
SECTION 19. Interpretafion of Agreement, Venue.
A. This Agreement shall be interpreted and construed according to the laws of the
State of Minnesota. All litigation related to this Agreement shall be venued in the
District Court of the County of Rannsey, Second Judicial District, State of
Minnesota.
SECTION 20. Force Majeure.
A. Neither the City nor the Consultant shall be held responsible for performance if its
performance is prevented by acts or events beyond the party's reasonable control,
including, but not limited to: severe weather and storms, earthquake ar other
natural occunences, sh and other labor unrest, power failures, electrical power
surges or current fluctuations, nucleaz or other civil militasy emergencies,
or acts of legislative, judicial, executive, or administrative authorities.
SECTION 21. Insurance.
A. Consultant shall maintain insurance at the levels specified on the attached
declaration pages throughout the term of the Agreement.
SECTION 22. Entire Agreement.
A. It is understood and agreed that this entire Agreement supersedes all oral
agreements and negofiations between the parties relating to the subject matters
herein.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and
year first above written.
^ For the City of Saint Paul:
For
Assistant City Attorney
, Mayor
$y H� E. Gallaher
Its M aine Partner
TazpayerID: 41-1340615
Director
Office of Financial 5ervices
Consultant
IN WITNESS WHEREOF, the duly authorized representative of L,ockridge Grindal
Nauen, P.L.L.P. hereto have executed this Agreement this�5"rday of�G� 2006.
CAROL SCHULTZ MRAZ �'�'� � "`"'
Noffiry PubliaMinnesoW NOt3Ty PUb1iC
— M cmm+s�� �no.w� s�, ao�o
Clty
IN WITNESS WHEREOF, the duly authorized representatives of the City of St. Paul hereto have
executed this Agreement this _ day of , 2006.
Notary Public
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