09-737Council File # 09-737
Green Sheet # 3072176
RESOLUTI�N
OF,�AI�VT PAUL, MINNESOTA �
Presented by
2 WHEREAS, the City of Saint Paul has the need for lobbying services for the city, and
3 wishes to retain Loclffidge, Grindal, Nauen for those services; and
4
WHEREAS, the proposed lobbying agreement is attached to this resolution; and
7 WHEREAS, pursuant to the Saint Paul Administrative code, Secrion 45.03, as adopted
8 by the City Council on November 24, 2004, requires prior authorization by the City Council for
9 any lobbyist to engage in lobbying activities on behalf of the city; and
10
11 RESOLVED, that the Council of the City of Saint Paul approve of the retention of Lockridge,
12 Grindal, Nauen as City Lobbyists for 2009.
Benanav
Bosh�om
Requested by Depariment of:
��C.ti�efTlG �'�CN�
BY� ��c� G�rzw � �
Thune � Form Approve by City Atto,rney %
` / I BY� --"� chss�v(.Gt� � ��-v^�.s,
Adopted by Council: Date �{ j���iG/ �
Adoprion Certi�fied by Co�l Secretary Form Approved by Mayor for Submission to Council
BY� /Y !//r�_Y" !J�IL,�i7� BY� �`�It'� 1. n� 7E I/( D z. 1. n
Approv y a r.�Dat ? LL V
By:
� Green Sheet Green Sheet
09-737
Green Sheet Green Sheet Green Sheet Green Sheet �
I DepartrnenU�ce/Councii: Date Initiated:
I MO—Mayor'sOffice o,�,��-09 Green Sheet NO: 3072176
�
I Contaet person 8 Phone: I Department Sent To Person Initial/Date
j SaraGrewing 0 aoPsOffice �— —� I,
I 2668527 � 1 ayoPsOffice i Deoartme ntDire� i
Assign 2 'ty Attornev
Must Be on Council Agenda by (Date): Number ( 3 �7syor's O�ce i Ma or/ASSistanf +
For
Routing 4 , ouncil �--- �
Doc. Type: RESOLUTION Order 5 ICiri Clerk � I C�itv Clerk (
E-�ocument Required: Y �
Document Contach
Contact Phone:
Total # of Signature Pages _(Clip NI Locations for Signature)
Action Requested:
The Saint Paul City Council approve of the retention of Loclmdge, Grindal, Nauen as Ciry lobbyists for 2009.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personMrm ever been a city empfoyee?
Yes No
3. Does this person/firtn passess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
InitiaSing Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWges If Approved:
DisadvanWges If Approved:
DisadvanWges If NotApproved:
Total Amount of
Trensaction: CosNRevenue Butlgeted:
Funding Source: Activity Number:
Financial Information:
(Expiain)
Ju1y 7, 2009 6:25 AM Page 1
09-737
Agreement # 02-
Between the City of Saint Paul and Lockridge Grindal Nauen P.L.L.P.
THIS AGREEMENT, made and entered into this day of May, 2009, by and between
the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of
Minnesota, hereinafter referred to as "City," and Lockridge Grindal Nauen P.L.L.P., whose
address is 100 Washington Ave S. Ste 2200, Minneapolis, MN 55401 hereinafter refened to as
"Consultant."
The City and Consultant, in consideration of the mutual terms and conditions, promises,
covenants, and payxnents hereinafter set forth, agree as follows:
SECTION 1.
A. Scope of Services.
Consultant agrees to provide federalkelations services as described in its proposal and letter
dated December 11, 2008, which is attached hereto and incorporated herein as Appendix A. The
specific tasks, deliverables, time lines, etc. that make up these services are as follows:
The City has the following priorities dealing with Congressional Legislation in 2009:
1) In the next federal transportation reauthorization bill the City wants high speed rail
alignment coming from Chicago to St. Paul's Union Depot through Winona and up the
existing track, solidified in law.
2) The City would like federal dollazs to support high speed rail.
3) The City wants the I-94 Corridor, the Riverview Corridor and the Roberts Street Corridor
named in the next federal transportation reauthorization bill as designated transitways, so
as to be eligible for future federal funding.
4) Advocating for conrinued CDBG grant funding for City programs.
5) The City would like funding from the federal stimulus package on our submitted proj ects
list.
6) The City would like support advocating for any appropriations requests the City submits.
7) City Priorities: In addition, to all the issues previously identified the consultant shall
initiate and direct all efforts and action in support of public policy initiatives / issues as
directed by the City.
8) Direct Initiative: The City wants greater support of its national efforts to advance St.
PauPs federal relations objectives. This includes meeting with City Officials when
traveling to Washington.
9) Monitor/Analysis of transportation, housing, crime first responder and economic
development: These and other issues are crucial for St. Paul to have a comprehensive
understanding of how federal developments and trends will impact the City.
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 minimum the following basic components:
Page 1 of 9
09-737
Thorough Analysis:
The Consultant, working directly with City staff, will carefully and completely analyze
each criticai issue area identified by the City in Section 1.A above, focusing on strategy, likely
action tunetables, real and potential problems as well as advantages of various options, key
players and other pertinent background.
Action Plan:
Using the analysis, the Consultant will work with City staff to prepaze an effective, goal
specific, St. Paul directed government relations strategy.
Primary Source Information:
The Consultant will go beyond conventional sources to get the critical information
directly from decision makers that aze needed to carry out activities in Section 1.A above. The
Consultant will make sure city staff understands 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 assure a successful outcome.
The Consultant will contact them directly, using its knowledge of the issues and close
professional relationships with key people to guide and improve legislation of special concern to
City officials.
The Consultant will send bi-weekly emails to the designated City Project Managers
suimnarizing issues critical to the City. The Consultant will also send monthly written reports
detailing what progress has been made on each individual City outcome.
SECTION 2. Time for Completion.
A. The services rendered by Consultant shall be commenced upon execution
of the Agreement and notification by the City to proceed and will be completed in accordance
with the schedule mutually agreed upon with the City which follows, but no later than one year
from the effective date of this Agreement.
B. ConsulYant shall not proceed with any task without specific authorization from the
Project Manager designated by the City.
C. In the event that there are delays caused by actions of the City or which may be
reasonably requested by the Consultant which can change the completion date, Consultant shall
request an extension of tnne for completion of the project. The Project Manager will review the
request and may grant to the Consultant such extensions of contract time as may be reasonable.
Page 2 of 9
09-737
SECTION 3. Billings and Paymen�
A. That for ConsultanYs faithful performance of this Agreement, the City hereby agrees
to compensate Consultant monthly in an amount not to exceed $4,166.66 (Four Thousand One
Hundred Sixty-Six Dollars and sixty-six cents) for providing services which shall be invoiced at
ConsultanYs standazd hourly rates.
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. Total costs for the project shall not exceed $50,000
(Fifty Thousand Dollazs), which includes reimbursable expenses.
C. Payment of fees may be invoiced monthly for the amount of work completed at the
end of each time period. Consultant shall submit an itemized invoice detailing the hours worked
and the applicable hourly rate to the Project Manager Sazah Erickson. Mileage and
miscellaneous reimbursable expenses will require copies of the receipts to be sent with the
invoice. Upon receipt of the invoice and verification of the charges by the Proj ect Manager, the
City shall make payment to Consultant within thirty (30) days.
D. In the event the Consultant fails to comply with any terms or conditions of the coniract
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 of the City's right to termination as
provided in the sections of this Agreement.
SECTION 4. 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 equally qualified individuals or without the prior written approval of the
City are grounds for terminarion of the Agreement by the City. ConsultanYs principal project
members are:
Emily Gehrman
Dennis McGrann
B. The City has designated Sarah Erickson and Sara Grewing as the Project Managers for
this Agreement, and the individual to whom all communications pertaining to the Agreement
shall be addressed. The Project Managers 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 5: 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 6. Work Products, Records, Dissemination 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.
Page 3 of 9
09-737
"Workproduct" shall mean any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that results from
ConsultanYs services under this Agreement.
"Supporting 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 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 format, belonging to Consultant and pertaining
to work performed under this Agreement.
B. All deliverable work products and supporting documentation that result from the
Consultant's 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, ar interest
in said work products or supporting documentarion vesting in Consultant.
C. 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 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 terminarion date and there shall be no further obligarion of the City to
Consultant except for payment of amounts due and owing for work performed and expenses
incurred to the date and time of terminarion.
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, Minnesota Government Data
Practice Act , and in particulaz Minn. Stat.§§ 13.05, subd. 6 and 11; and 13.37, subd. 1(b) and
Minn. Stat §§ 138.17 and 15.17. All of the data created, collected, received, stored, used,
maintained, or disseminated by the Consultant in performing functions under this Agreement is
subject to the requirements of the Minnesota Government Data Practices Act and Consultant
must comply with those requirements as if it were a governmental entity. If any provision of this
Agreement is in conflict with the Minnesota Government Data Practices Act or other Minnesota
state laws, state law shall control.
SECTION 7. Equal Opportunity Employment.
A. Pursuant to Chapter 183 of the Saint Paul Legislative Code and its nnplementing
rules, Consultant will not discriminate against any empioyee or applicant for employment for
work under this Agreement because of race, creed, religion, color, sex, sexual or affectional
orientation, national origin, anceshy, familial status, age, disability, marital status, or status with
regard to public assistance and will take affirmative steps to ensure that applicants are employed
and employees are treated during employment without regard to the same.
Page 4 of 9
09-'737
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising, layoff or temunation; rates of pay ar their forms
of compensation; and selection for training, including apprenticeship.
SECTION 8. Compliance with Applicable Law.
A. Consultant agrees to comply with all federal, state, and local laws or ordinances, and
all applicable rules, regulations, and standazds established by any agency of such governmental
units, wluch are 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 requued.
SECTION 9. 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, ar 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 ar have a direct financial interest in any sale, lease, or coniract with the City."
C. Consultant agrees that, should any conflict ar 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 10. Iasurance.
A. Consultant shall be required to carry insurance of the kind and in the amounts shown
below for the life of the contract. Certificates far General Liability Insurance should state that the
City of Saint Paul, its officials, employees, agents and representatives are Additional Insureds.
1. General or Business Liability Insurance
$1,200,000 per occurrence
$2,000,000 aggregate per project
$2,000,000 products/completed operations total limit
$1,200,000 personal injury and advertising
Effective July 1, 2009:
$1,500,000 per occutrence
$2,000,000 aggregate per project
$2,000,000 products/completed operations total limit
$1,500,000 personal injury and advertising
Policy must include an"all services, products, or completed operations" endorsement when
appropriate.
2. Automobile Insurance-(When Commercial vehicles are used in connection with a
contract)
a. Bodily Injury $ 750,000 per person
Page 5 of 9
09-737
$1,000,000 per accident
b. Properiy Damage not less than $50,000 per accident
Coverage shall include: hired, non-owned and owned auto
Automobile Insurance — (When Personal vehicles are used in connection with a contract,
the City is not required to be named as Additional Insured, but proof of insurance is
required prior to commencement of activities.)
a. Bodily Injury $30,000 per person
$60,000 per accident
b. Property Damage $20,000 per accident
Automobile Insurance — (When Rental vehicles are used in connection with a contract,
the Contractor shall either purchase insurance from the rental agency, or provide City
with proof of insurance as stated above.
3. Worker's Compensation and Employer's Liability
a. Worker's Compensation per Minnesota Statutes
b. Employer's Liability shall have minimum limits of $500,000 per accident;
$500,000 per employee; $500,000 per disease policy limit.
c. Contractors with 10 or fewer employees who do not haue Worker's Compensation
coverage are required to provide the City with a letter verifying their number of
employees and a statement that they do not carry this coverage.
4. Professional Liability Insurance (is required when a contract is for service for which
professional liability insurance is available for purchase.)
a. $1,000,000 per occurrence
b. $2,000,000 aggregate
General Insurance Requirements
a. All policies shall be written on an occurrence basis or as acceptable to the City.
Certificate of insurance must indicate if the policy is issued on a claims-made or
occurrence basis. All certificates of insurance shail provide that the Division of
Contract and Analysis Services be given not less than (30) days prior written notice of
cancellation, non-renewal or any material changes in the policy, including, but not
limited to, coverage amounts. Agent must state on the certificate if company carries
errors and omissions coverage.
b. The Consultant may not commence � work until Certificates of Insurance covering
all of the insurance required for this project is approved and the Project manager has
issued a notice to proceed. Insurance must remain in place for the duration of the
oria nal contract and any extension periods.
a The City reserves the right to review ConsultanYs insurance policies at any time to
verify that City requirements haue been met.
d. Notrring shall preclude the City from requiring Consultant to purchase and provide
Page 6 of 9
09-737
evidence of addirional insurance if the scope of services change, if the amount of the
contract is significantly increased, or if the exposure to the City or its citizens is
deemed to have increased.
e) Satisfaction of policy limits required above for General Liability and Automobile
Liability Insurance, may be met with the purchase of an umbrella or excess policy.
Any excess or umbrella policy shall be written on an occurrence basis, and if such
policy is not written by the same insurance carrier, the proof of underlying policies
shall be provided with any certificate of insurance.
SECTION ll. 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 shall be entitled to none of the rights,
privileges, or benefits of Saint Paul employees.
SECTION 12. 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.
SECTION 13. Hold Harmless.
A. The Consultant shall indemnify, save and hold harxnless, 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 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 14. Assignment.
A. The City and the Consultant each binds itself and its successors, legal representatives,
and assigns of such other party, 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 15. Termination.
A. This Agreement will continue in full force and effect until completion of the project as
described herein unless either party terminates it at an earlier date. Either party 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 fulfill, in a timely and proper manner, its obligations under
this Agreement as deternuned by the City. In the event that the City exercises its right to
withhold payment or terminate under this Section, it shall submit written notice to the Consuitant
specifying the extent of such withholding or termination under this Section, the reasons
therefore, and the date upon which such withholding or termination becomes effective. Upon
receipt of such notice, the Consultant shall take all actions necessary to discontinue further
commitments of funds to the extent that they relate to the terminated portions of this Agreement.
Page 7 of 4
09-737
C. In the event of temunarion, the City will pay Consultant for all services actually,
tnnely, and faithfully rendered up to the receipt of the notice of texmination and thereafter unril
the date of tenuination. The Consultant will deliver all work products and supporting
documentation developed up to the time of ternunation prior to the City rendering fmal payment
for service.
SECTION 16: Default by Consultant
A. In the event Consultant fails or neglects to comply with any term or condirion of this
Agreement or to provide the services stated herein, City shall have the right, after written notice,
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 attorney's fees and costs of collection associated with enforcing its rights hereunder.
SECTION 17. 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 A�eemenY' as used herein shall be deemed to
include any future amendments, modifications, and addirional schedules made in accordance
herewith.
SECTION 18. Notices.
A. Except as otherwise stated in this Agreement, any notice or demand to be given under
this Agreement sha11 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:
Sarah Brickson
City of Saint Paul
390 City HalUCourt House
15 West Kellogg Blvd.
Saint Paul, MN 55102
SECTION 19. Waiver.
To Consultant:
Emily Gehrman
Lockridge Grindal Nauen, P.L.L.P
1000 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
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 AgreemenYs provisions.
SECTION 20. Survival of Obligations.
A. The respective obligations of the City and Consultant under these terms and
conditions, which by their nature would continue beyond the termination, cancellation, or
expiration hereof, shall survive ternunation, cancellation or expirarion 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.
Page 8 of 9
09-737
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 21. Interpretation of Agreement, Venue.
A. This Agreement sha11 be interpreted and construed according to the laws of the State
of Minnesota. All litigarion related to tlus Agreement shall be venued in the District Court of the
County of Ramsey, Second Judicial District, State of Minnesota.
SECTION 22. Force Majeure.
A. Neither the City nor the Consultant shall be held responsible for performance if its
perforxnance 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 fluctuations, nucleaz ar other
civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities.
SECTION 23. Entire Agreement.
A. It is understood and agreed that this entire Agreement supersedes all oral agreements
and negotiations between the parties relating to the subject matters herein.
IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this
Agreement, the day and year first above written.
For the City of Saint Paul: For Consultant:
Approved as to form:
Assistant City Attomey
Executed:
Mayor or Designee
Director, Office of Financial Services
Readus Fletcher, Deputy Director
Department of Human Rights
Its
Taxpayer ID:
Funding:
Activity #
CAS/RAR/5-7-09
Page 9 of 9