07-322Suspension - 4J04/07
Council File # 07- 322
Green Sheet # 3038376
RESOLUTION
SAINT PAUL, MiNNESOTA
Presented
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WIlEREAS, the City of Saint Paul has the need for federal legislative setvices consultants foz the ciry and wishes to
ietain I,ockridge, Grindal, Nauen, Professional Association, for those services; and
WHEREAS, the proposed lobbying ageement is attached to flus resolurion; and
WI�REAS, pursuant to the Saint Paul Admiuistrative Code, Section 45.03, as adopted by the City Council on
November 24, 2004, requires prior authorization by the City Council for any lobbyist to engage in lobbying
Activities on behalf of the city; and
RESOLVED, that the Council of the City of Saint Paul approve the retenrion of Loclaidge, Grindal, Nauen,
Professional Associafion, as federal legislative services consultants.
Requested by Department of.
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Adoprion Certified by C� cil Secretary
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Approv d ay . Date �
By:
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Form Apprcve � by Ciry Att
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Form Approved by Mayor for Submission to �Council
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Adopted by Council: Date ����D'1
07-322
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MO — MayorsOffice
ConWCt Person 8 Phone:
Michael Wilhelmi
26Cr852I
Must Be on Council Aaen
Doc. Type: RESOLUTION
E•DOCUmentRequired: N
Document Contact:
Cor�taet Phone:
04-APR-07
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Assign
Number
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Green Sheet NO: 3038376
0 or's Office �
1 e or•sO�ce De arLwentDirector
2 ' Attorne
3 oCs OtSce Ma or/ASSistaut
4 ouncl
5 ' Clexk Ci Clerk
The City Council approve of the Coun,cil Resolution to appmve of lilring Lockridge, Grindal, Nauen as Federal Legislaflve lobbyists
for 2007. Attached is a copy of their professional services agreement.
dations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
'I. Has this person/firtn ever worked under a contract for this depaRment?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain a44 yes answers on separate sheet and attach to green sheet
Initiafing Probtem,l5sues, Opportunity �Who, What, When, Where, Why):
Advantages HApproved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Finaneiai lnformation:
(Explain)
Activity Number:
CosURevenue Budgeted:
April 4, 2007 10:32 AM Page 1
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AGREEMENT BETWEEN
THE CITY OF SAINT PAUL AND
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
THIS AGREEMENT, made and entered into this 1 st day of January, 2007, by arid between
the City of Saint Paul, Minnesota, a municipal corporation under laws of the State of Minnesota,
hereinafter referred to as City, and Loclaidge Grindal 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 considerarion of the mutual terms and conditions, promises,
covenants, and payinents hereinafter set forth, agree as follows:
SECTION I.
A. Scope of Services.
• Central Corridor: This transit corridor linking the downtowns of St. Paul and Minneapolis
has vast potential and the endorsement of Ramsey County and the Metro Transitways
Development Board. Securing federal funding for this project will involve working.with the
House and Senate Transportation and Appropriations committees.
Union Depot project: This unique nature of this project and the fact that it is a top priority for
the City make it one that will require considerable time and resources. Challenges include
working with the Congressional Delegation and the United States Postal Service to relocate
postal operations from the Depot. Also vital will be securing federal transportation funding
for restoration of the Depot, as well as monitoring overall federal railroad dollars and the
health of Amtrak.
Biotechnology investment: The City would like to investigate and implement a plan to
attract biotechnology invesrinent to St. Paul. This requires coordinating efforts with the
National Institutes of Health and private biotechnology consortia.
. Law Enforcement Programs: The City of St. Paul is responsible for providing law
enforcement protection within the city. These efforts are affected by changes in federal
funding for state and local law enforcement programs. The City may atso seek specific
appropriations for law enforcement purposes, including technology, enforcement programs
and other needs as appropriate.
Appropriarions far transportation and economic development projects: including ongoing
efforts to secure federal dollazs to support or develop projects as requested by the City.
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The City of St. Paul has been a narional leader in utilizing Brownfields grants to cleanup
polluted sites since the program's inceprion. These grants have been instrumental in
allowing the City to put valuable property back into use for economic development, as well
as protect the health of its residents. The City wishes to explore federal support for other
iniriatives intended to manage or reduce human impact on the environment.
The City of St. Paul, like large cities through the United States, has expended funds for local
homeland defense in the wake of the present terrorist threat. The need for local security
funding will increase dramatically as the City prepazes to host the Republican Narional
Convention in 2008. The City aiixiously anticipates federal support for first responders,
homeland defense, and other needs associated with hosting a national political convenfion..
The Depariment of Justice has recently proposed to eliminate or severely cut programs that
aze important aids to local law enforcement in Minnesota, including the Community Oriented
Policing Services (COPS), COPS Technology, Byrne 7ustice Assistance Grant Program and
other programs. The elimination or reduction in funding to local law enforcement requires
diligent efforts to increase or maintain appropriate levels of funding.
• Telecommunicarions reform: Recent proposals to reform the process of local
telecommunications franchising and local management of public rights-of-way represent a
serious challenge to the sovereignty of local governments. The City of St. Paul opposes any
effort to erode the independence of local governments in utiliries management.
• City Priorities: In addition to all the issues previously identified the consultant shall initiate
and direct all efforts and action is support of public policy initiatives / issues as directed by
the City.
• Direct Iniriative: The City wants greater support of its national efforts to advance St. Paul's
federal relations objecfives. This includes meering with City Officials when traveling to
Washington.
• Monitor/Analysis of transportation, housing, crime, first responder and economic
development: These and other issues are critical for St. Paul to have a comprehensive
understanding of how federal developments and trends will impact the City.
S. Lockridge Grindal Nauen's Approach to Lobbying.
The Consultant will build a precise, cost-effecfive, City-directed program that accomplishes
the City's goals. This program includes at least four basic components:
Thorough Analysis:
The Consultant, working directly with Ciry staff, will carefully and completely analyze each
critical issue area identified by the City in Section LA above, focusing on strategy, likely action
timetables, real and potential problems as well as advantages ofvarious options, keyplayers and
other pertinent background.
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a�tion Plan:
Using that analysis, the Consultant will work with City staff to prepare an effective, goal-
specifiq St. Paul directed government relations strategy.
Primary Source Information:
The Consultant will go beyond conventional sources to aet the crirical information directly
from decision makers that is needed to cany out activities in Secrion I.A above. The Consultant
will make sure City staffunderstands the implications of pending decisions and work with the
city in determining the best course of action.
Direct Contact:
The Consultant will utilize a two-pronged approach for St. Paul. The Consultant will put the
City into direct contact with decision makers in the Administration, Congress and Federal
agencies, making certain that City staff and officials meet with the right people, at the right time,
to help ass�e a successful outcome.
Further, the Consultant will contact decision makers directly, using its knowledge of the
issues and close professional relationships with key peopie to guide and improve legislarion of
special concern to City officials.
C. The services rendered by Consultant shall be commenced upon execution ofthe 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
effecrive date of this Agreement.
D. Consultant shall not proceed with any task without speeific authorization from the Projeet
Manager designated by the City.
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SECTION 2. Billings and Payment.
A. That for Consultant's faithful performance ofthis Agreement, the City hereby a�ees
to compensate Consultant in the amounts and according to the schedule that follows.
$4,166.66 per month. Total cost of the contract shall be $49,999.92. All incidental or
other expenses shall be born solely by the consultant.
B. 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.
C. Consultant shall submit an itemized invoice each month. Upon receipt ofthe invoice
and verificafion of the charges by the Project Manager, the City shall make payment
to Consultant within thiriy (30) days.
D. 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 reserves the right to withhold any payment until the City is satisfied that
corrective action has been taken or completed. This option is in addition to and not
in lieu ofthe City's right to termination as provided in the secfions ofthis 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 ofthe Agreement. Removal of any
principal project member without replacement by equally qualified individuals or
without the prior written approval of the City is grounds for termination of the
Agreement by the City. ConsultanYs principal project member is: Dennis McCrrann.
B. The City has designated Michael Wilhelmi, Director ofintergovenunental Relations,
as the Project Manager for this Agreement, and the individual to whom all
communications pertaining to the Agreement shall be addressed. The Project
Manager shall have the authority to transmit instructions, receive information, and
interpret and define the City's policy and decisions pertinent to the work covered by
this Agreement.
SECTION 4. CiTy Responsibilities.
A. The City agrees to provide Consultant with access to any informafion from City
documents, staff, and other sources needed by Consultant to complete the work
described herein.
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SECTION �. Work Products, Records, Disseminafion of Information.
A. For purposes of this A�eement, the following words and phrases shall have the
meanings set forth in this secrion, except where the context clearly indicates that a
different meaning is intended.
"Work product" shall mean any report, recommendarion, paper, presentarion,
drawing, demonstration, or other materials, whether in written, electroniq or other
format that results from Consultant's services under this Agreement.
"Supporting documentation " shall mean any surveys, quesrionnaires, notes, research,
papers, analyses, whether in written, electronic, or in other format and other
evidences used to generate any and all work performed and work products generated
under this Agreement.
"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
ConsultanPs services under this Agreement shall be delivered to the City and shall
become the property ofthe City after final payment is made to the Consultant with no
right, title, or interest in said work products ar 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 event of terminarion, all documents finished or unfinished, and supporting
documentation prepazed 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 payment of amounts due and owing
for work performed and expenses incurred to the date and rime 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 representative.
F. Consultant agrees to abide strictly by Chapter 13 of the Minnesota Statutes
(Minnesota Governuient Data Practice Act) as well as any other applicable federal,
state, and local laws or ordinances, and all applicable rules, regularions, and
standards established by any agency of such goveznmental 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 informafion pursuant to
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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, relia on, sex, age, or national
origin and will take affirmative steps to ensure that applicants are employed and
employees are 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: employment, upgrading, demotion, or transfer, recruitment advertising,
layoff or termination, rates of pay or their forms (of compensation, and selection for
training, including apprenticeship.
SECTION 7. Compliance With Applicable Law.
A. Consultant agrees to comply with all 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 relate to
the Consultant's 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. This Agreement is in compliance with City of Saint Paul
Administrative Code, Chapter 45.
SECTION 8. Conflict of Interest.
A. Consultant agrees that it will not contract for or accept employment for the
performance of any work or services with any individual, business, corporation, or
government unit that would create a conflict of interest in the performance of its
obligations pursuant to this Agreement with the City.
B. Consultanfs 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 City Project Manager of the situation so that a
determination can be made about Consultant's abilityto conrinue performing services
under the Agreement.
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SECTION 9. Independent Contractor.
A. It is agreed by the parties that, at all rimes and for all purposes within the scope ofthe
Agreement, the relarionship of the Consultant to the City is that of independent
contractor and not that of employee. No statement contained in this A� sha11
be construed so as to find Consultant an employee of the City, and Consultant shall
be entitled to none of the rights, privileges, or benefits of Saint Paul employees.
SECTION 10. Subcontracting.
A. The Consultant agrees not to enter into any subcontracts for any of the work
contemplated under this Agreement without obtaining prior written approval of the
City Project Manager.
SECTION 11. Hold Harmless.
A. The Consultant shall indemnify, save and hold hannless, protect, and defend the City,
its officers, agents, and employees from all claims, actions or suits of any character
brought for or on account of any claimed or alleged in}uries 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 representarives,
and assigns of such other pariy with respect to all covenants of this Agreement, and
neither the City nor 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, 2007 unless
either party terminates it at an eazlier date. Either parly to this Agreement may
terminate it by giving no less than thirty (30) days written notice of the intent to
terminate to the other party.
B. With Cause. The City reserves the right to terminate this Agreement if the Consultant
violates any of the terms or does not fuifill, 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 Secrion, it shall submit
written notice to the Consultant, specifying the extent of such withholding or
termination under this Secrion, the reasons therefore, and the date upon which such
withholding or termination becomes effective. Upon receipt of such notice, the
Consultant shail take all actions necessary to discontinue further commitments of
funds to the extent that they relate to the terminated portions of this Agreement.
C. In the event of termination, the City will pay Consultant for all services actually,
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timely, and faithfully rendered up to the receipt of the notice of terminarion and
thereafter until the date of terminarion. T'he Consultant will deliver all work products
and supporting documentation developed up to the time of termination prior to the
City rendering final payment for service.
SECTION 14. Default by Consultant.
A. In the event Consultant fails or neglects to comply with any term or condition of this
Agreement or to provide the services stated herein, City shall have the right, after
written norice, to cease payment hereunder. This remedy shall be in addifion to any
other remedies, including terminarion, auailable to the City in law or equity. The City
shall be entitled to recover reasonable attorney'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 writing 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 accrued prior to the effective date of
such amendment, modification, or supplement. The term this Agreement_ as used
herein shall be deemed to include any future amendments, modificarions, and
addirional schedules made in accordance herewith.
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, Return Receipt Requested. Any notices or other communications shall be
addressed as follows:
To City: To Consultant:
Michael Wilhelmi
City of Saint Paul
320 City Hall
15 West Kellogg Blvd.
Saint Paul, NIN 55102
Harry E. Gallaher
Lockridge Grindal Nauen P.L.L.P
Suite 2200
100 Washington Avenue S.
Minneapolis, MN 55401
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SECTION 17. Waiver.
A. Any fault of a party to assert any right under this Agreement shall not consritute a
waiver or a termination of that right, this A�eement, or any of this A�eement's
provisions.
SECTION 18. Survival of Obligations.
A. The respective obligarions of the City and Consultant under these terms and
conditions, which by their nature would continue beyond the terminarion,
cancellation, or expiration hereof, shall survive termination, cancellation or
expiration hereof.
B. If a court or governmental agency with proper jurisdiction determines 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 terminated provision, the
remainder of this Agreement shall continue in effect.
SECTION 19. Interpretation of Agreement, Venue.
A. This Agreement shall be interpreted and construed according to the laws ofthe State
of Minnesota. All litigation related to this Agreement shall be venued in the District
Court of the County of Ramsey, 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 or other natural
occurrences, strikes and other labor unrest, power failures, electrical power surges or
current fluctuarions, nuclear or other civil military emergencies, or acts oflegislative,
judicial, execurive, or administrarive authorities.
SECTION 21. Insurance.
A. Consultant sha11 maintain insurance at the levels specified on the attached declaration
pages throughout the tetm of the Agreement.
SECTION 22. Enrire Agreement.
A. It is understood and agreed that this entire Agreement supersedes a11 oral agreements
and negotiarions 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 Consultant:
Assistant City Attorney By Hany E. Gallaher
Its Managing Partner
� TaxpayerID: 41-1340615
Office of the Mayor
Director
Office of Financial Services
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