07-475Council File # 0 �'J
Green Sheet # ?y,j�(7
Presented By
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
��
RESOLVED, the Council hereby approves the attached Agreement for Legal Services by and
between the Public Housing Agency of the City of Saint Paul and the City of Saint Paul, and
authorizes the proper city officials to execute the same.
Requested byDeparhnentof
✓ � ` ��� 1 �' � LYD! 1� �
/
/�
BY: ��� \
Fam
�
Fom
BY:
� ��Z/� BY
Apprwed by Mayor ate _
�
Adopfion Certified by Counci] Secretary
�O
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
0?-Lf7S
C.A �ityAttomey
Contact Person & Phone:
Jerty Hendridcson
266-8720
Must Be on
06-JUN-07
Doc. Type: RESOLItTION
E-0ocument Required: Y
Dxume�k Contact Karen Doumany
Contact Phone: 266-87'16
18-MAY-07
y
Assign
Number
For
Routing
Order
ToWI # of Signature Pages _(Clip NI Locations for Signature)
Green Sheet NO: 3039890
0 ' Attorn
1 ' Attornev De entD'uector
4 onnN
5 ' Clerk Ci C�erk
Adoption of resolution authorizing Agreement for Legal Services for the Public Eiousing Agency of the City of Saint Paul.
iaauons: approve �A� or rt
Planning Commission
CIB Committee
Civil Service Commission
1. Has this persoNfirtn ever worked under a contract for this deparlment?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
curtent ciry employee? •
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, OppoRunity (Who, Whaf, When, Where, Why):
Since 1977, the Office of the City Attomey (CAO) has provided legal service for the Public Housing Agency of the City of Saint Paul
(PHA) under a series of Ageements for Legal Service. The attached agreement is the 2007 update to allow this representation to
continue on essentially the same terms as previously. Non-substan6ve admendments aze included. ,
AdvanWges If Approved:
The CAO will continue to provide expert legal advice to the PHA in a cost-effective manner.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
The PHA would have to spend more for qualified legal services.
Trensaction:
Funding Source:
Financial Information:
(Facplain)
Activity Number.
�oynci!
��� `n
�r �1 9 �ll��l'
<QDI
CosdRevenue Budgeted:
May 18, 2007 11:20 AM Page 1
o�-���
PHA Contract No. 08009
MNI-1 et al
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT entered into this 15th day of May, 2007, by and between the
PUBLIC HOUSING AGENCY OF
THE CTTY OF SAINT PAUL, a public body
corporate and poliric, duly created, organized and
existing under the laws of the State of Minnesota,
hereinafter referred to as the "PHA"
C:� � 'I
CITY OF SAINT PAUL, acting by
and through the OFFICE OF THE CITY
ATTORNEY, hereinafter referred to as the "CITY"
or "CITY ATTORNEY".
WHEREAS, the PHA has need far legal services and the CITY ATTORNEY can provide
experienced personnel far these services; and
WHEREAS, the CTTY and the PHA desire to enter into an Agreement to allow the CTTY
ATTORNEY to provide the PHA with legal services of knowledgeable and experienced staff
persons for PHA work.
NOW, THEREFORE, in consideration ofthe covenants and the several conditions
hereinafter set forth, and subject to the approval of the City Council of the CITY, the PHA Board
of Commissioners, the CITY and the PHA do hereby mutually agree as follows:
I. Commencement of Apxeement. This Agreement shali commence immediately upon the
date of execution and shall remain in effect until ternunated by either party according to
the terms of this Agreement. The provisions of Contract No. 98070, shall tezminate upon
commencement of this Agreement.
II. Le�al Services To Be Pzovided � the CITY ATTORNEY.
a. One full time attorney experienced in PHA requirements and a half-time legal
assistant or law clerk will be regulazly assigned to provide legal services for the
benefit of the PHA under this Agreement. The selection of the attorney to be
assigned to this position shall be made jointly by the City Attorney and the
Executive Director of the PHA.
Page 1 of 6
D7-�7S
PHA Contract No. 08009
MNl-1 et al
b. At any time during the term of this Agreement that the Execufive Direcfor
determines that the attomey assigned to represent the PHA is not performing in a
satisfactory manner, the Execufive Director may consult with the City Attorney to
begin a new selection process.
c. The CITY ATTORNEY retains the right to reassign the attomey assigned to the
PHA, in which case another attorney will be selected as provided in section II. a.
of this AGREEMENT FOR LEGAL SERVICES.
d. Other attorneys may be assigned on a part-time basis as may be needed, as
determined jointly by the CTTY ATTORNEY and the PHA, except that such joint
determination shall not be required if in the opSnion of the City Attorney there is a
necessity for a part-time assignment due to unforeseen circumstances whereby the
regulaziy assigned full time attorney is incapacitated by a prolonged illness ar is
otherwise unavailable for an extended period of time.
e. ClericaUsecretarial staff services in support of the work of the attorney(s) and
legal assistant or law clerk shall be provided by the CITY ATTORNEY.
f. Such other technical assistance as may be deemed appropriate by the CITY
ATTORNEY and the PHA in order to provide legal services required by the PHA
shall be pzovided by the CITY ATTORNEY.
g. Whenever engaged in the performance of any work or services on behalf of the
PHA under this Agreement, the CITY ATTORNEY employees under this section
shall be deemed to be representatives of the PHA.
h. Any representation of the PHA by the CITY ATTOIZNEY which the CTTY
ATTORNEY detexmines may create a conflict of interest shall be referred to the
PFIA for appointment of outside counsel. The deternunafion of such conflict of
interest is within the sole discretion of the City Attomey and shall be determined
in accordance with applicable Rules of Professional Conduct.
Nothing in this pazagraph or eisewhere in this Agreement shall preclude
the PHA from employing such other and additional legal counsel as it determines
to be necessary and in its best interests.
III. Reimbursement for Services.
a. For 2007, effective May 15, 2007, and continuing until such time as this
Agreement is ternunated or amended, the PHA sha11 pay, upon proper billing by
the CITY, for ]egal services as follows:
Page 2 of 6
��-��s
PHA Contract No. 08009
MNl-I et al
For the full time attorney, an amount equal to the full tnne attomey's full
salary and benefits (e.g., FICA, Medical Insurance, Retuement Programs,
Workers' Compensafion, Unemployment Compensation, Vacation Leave,
Sick L,eave, Holidays, etc.), including any increases in salary or benefits as
the full time attorney may be entitled to receive because of union
negotiated contractual obligations or raises the attorney may eam.
The calculation of the cost of benefits shall be determined
by the CITY according to a formula utilized by the Office of Financial
Sezvices. The formula is datemuned quarterly by adding all expenditures
for employee benefits (other than worker's compensafion and
unemployment compensation costs, which are directly billed according to
the individual employee), divided by the total amount of salaries paid.
This yields a quarterly fringe percentage which is then applied to actual
salary costs for the quarter.
For the law clerk or legal assistant assigned to perfoxxn services for the
benefit of the PHA on a half-time basis, one half (%z) of an amount equal
to the law clerk's or legal assistanYs full salary and benefits (e.g., FICA,
Medical Tnsurance, Retirement Programs, Workers' Compensation,
Unempioyment Compensation, Vacation Leave, Sick Leave, Holidays,
etc.), including any increases in salary or benefits as the law clerk or legal
assistant may be entitled to receive because of union negotiated
contractual obiigations or raises the law clerk or legal assistant may earn,
plus an amount equal to the actual cost of mileage paid to the law clerk or
legai assistant for PHA-related work.
In addition to the amounts in paragraphs 1 and 2 of this Section III, an
amount equal to 25 per cent of the total of the amounts in paragraphs 1
and 2 to cover overhead costs. Overhead costs inciude secretarial,
copying, postage, library, on-line computer legal research services, office
rent, equipment, etc.
4. For any attorney on the staff of the CITY ATTORNEY, except the
regularly assigned full tune attorney, who performs legal services for the
PHA under circumstances provided in Section II of this Agreement, an
amount equal to the current billing rate paid to the PHA attomey based on
hislher current salary.
5. The cost of any technical assistance referred to in Section II., Paragraph f.,
shall be billed at the actual cost to the CTTI' ATTORNEY, as evidenced
Page 3 of 6
�
D �-�7S
PHA Contract No. 08009
MNl-1 et al
IN WITNESS WHEREOF, the PHA and the CTTY ATT'ORNEY have executed this Agreement
the day and year first written above.
PUBLIC HOU5ING AGENCY OF
In the Presence Of: THE CTTY OF SAIlVT PAIJL
By:
Its ontracting O fi er
By: /i ,0
�s Exec ' e D rector
Tn the Presence Of: CITY OF SAINT PAi7L
:
�
Its Mayor or Designee
Its Director of Office of Financial Services
By:
Its City Attomey or Aesignee
Page 6 of 6