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HomeMy WebLinkAbout1997-011 .. . - e .. RESOLUTION NO. 97-11 APPROVAL OF AN AMENDED LOBBYIST CONTRACT BETWEEN THE CITY OF STILL WATER AND LEGISLATIVE ASSOCIATES, INC. BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement to provide consulting services, Exhibit A, is hereby approved, and the appropriate city staff is authorized to sign said Agreement. Adopted by the City Council this 7th day of January, 1997. ~ ATTEST: " . . . CONSULTANT CONTRACT This contract is made January 7, 1997, between the City of Stillwater, a Home Rule Charter City of the third class, existing under the laws of the State of Minnesota, with offices at 216 North 4th Street, Stillwater, Minnesota 55082, "City", and Legislative Associates, Inc., 7920 Towerbell Court, Annandale, Virginia 22003, "Consultant". RECITALS The City desires to retain the services of the Consultant to obtain Federal and State support for the repair of the erosion of the levee wall located in Lowell Par~, adjacent to the St. Croix River National Scenic River Way and related development projects in the City and to secure funding for a new National Guard Armory. Consultant agrees to perform these services for the City under the terms and conditions set forth in this Contract. In consideration of the mutual promises set forth herein, it is agreed between the City and the Consultant as follows: SECTION I. NATURE OF WORK Consultant will perform the following consulting and advisory services on behalf of the City: A. FLOOD CONTROL PROJECT 1. To seek the transfer of an additional $2.125 million in Federal funding for Stage II of the project to extend the levee wall 1,200 feet North of the existing levee wall: a. To work with and secure the approval of the U.S. Army Corps of Engineers at Headquarters in Washington, D.C., the Regional Office in Chicago, and the District Office in St. Paul, to facilitate the necessary transfer of funds; b. To secure the required support of the House and Senate Appropriations Committees; c. To increase the Federal share of Stage II project costs to a total of $2.625 million, and a total project Stage II cost of $3.5 million. 2. To see a provision in the FY 1998 Appropriations Act for the following purposes: a. control project; To provide the $2.125 million needed for the completion of Stage II of the flood b. To provide $.7 million to develop the plans and specifications for Stage III (the flood wall construction) of the project; Page 1 . . I . c. $5.725 million. To increase the total federal appropriation for the project from $2.9 million to 3. To seek a favorable finding in the Corps of Engineers study to justify the financial cost/benefit ratio to the City of Stillwater in the construction of the Stage III flood wall by the following actions: a. By gaining the support of the U.S. House and Senate Authorizing Committees; b. By obtaining precedents for the use of historical sites as extraordinary conditions in the evaluation of the financial benefits of the flood wall construction; c. By working closely with the study team to assure the best advantages possible for the approval of the flood wall construction; d. By working with the Headquarters and Regional Office officials of the U.S. Corps of Engineers to assure a favorable approval of the study. 4. To maintain contacts and keep the Minnesota Congressional Delegation, the Minnesota State Legislature members, and the Minnesota Department of Natural Resources (DNR) officials informed of changes, problems, and progress in levee funding at the Federal level, and to work with State officials for additional State matching funds. B. GENERAL SERVICES General service work will require prior authorization of the City Council. C. NATIONAL GUARD ARMORY PROJECT 1. To seek the authorization of the Stillwater Armory Project in the House and Senate Military Construction bills at a total project cost of $3.612 million; $2.695 million in Federal funds, and $.917 in State funding. 2. To seek the appropriation of $2.8 million in Federal funds in the House and Senate Appropriation bills for FY 1996. 3. Legislature. To seek the appropriation of $.928 million 10 State funds through the Minnesota 4. To work with the Minnesota Department of Military Affairs, the Minnesota National Guard, the National Guard Bureau of the U.S. Department of Defense, and other State and Local organizations. 5. To utilize the offices and capabilities of the Minnesota Congressional Delegation, and to coordinate their efforts to obtain the needed legislation action. 6. To meet with the Congressional leaders and staff of the eight committees that are responsible for the legislative action needed to obtain funding for the armory project. 7. To prepare all written materials for the City, the Minnesota Delegation, and others contributing their support for the project. Page 2 , . . . 8. To elicit additional support from Local and State organizations. 9. To follow the legislative process, attending Congressional hearings, meeting with Committee Members, and being responsive to questions and inquiries that may arise. D. INTERST ATE BRIDGE 1. Seek approval of the new interstate bridge including possible legislation to remove authority of National Park Service over projec~. 2. To utilize the office of the Minnesota Congressional Delegation and to coordinate their efforts to obtain the needed action. 3. Prepare written materials for the City, the Minnesota Delegation and others contributing support to the project. 4. To follow the governmental process with regard to the project and to be responsive to inquiries as they arise. SECTION II. PLACE OF WORK It is understood that Consultant services will be rendered largely at the City of Washington, District of Columbia and at the State Capitol of Minnesota and not in the Office of the City. SECTION III. TIME DEVOTED TO WORK The City will rely upon the Consultant to put forth such effort as is reasonably necessary to fulfill the spirit and purpose of the Contract. SECTION IV. COMPENSATION 1. The City will pay to the Consultant as follows: a. For general services at the rate of $65.00 per hour. b. For Federal legislative action on Section I., A., services related to the Flood Control Project during the months from January 1, 1997, through December 31, 1997, at the rate of $65.00 per hour not to exceed 45 hours per month. c. For State legislative action on Section I., A., services related to the Flood Control Project at the rate of $65.00 per hour not to exceed 30 hours per month beginning January 1, 1997, through May 31, 1997. Page 3 , . . . d. For Federal and State action on Section L, C., services related to the National Guard Armory Project at the rate of $65.00 per hour not to exceed 10 hours per month from December 31, 1996, through December 31, 1997. If, however, an Authorization Bill is not successful, the Consultant must notify the City and this section of the Contract will be reevaluated and further services on the project possibly eliminated. e. For Federal and State action for Section L, D., services related to the interstate bridge, at the rate of $65.00 per .hour not to exceed 30 hours per month from January 1, 1997, through March 31, 1997. f. Ordinary and necessary business expenses incurred by the Consultant and attributable to the work will be reimbursed in an amount not to exceed $100.00 per month unless prior written approval is given by the City. SECTION V. DURATION This Contract will be effective from January 1, 1997, through December 31, 1997. SECTION VI. STATUS OF CONSULTANT This Contract calls for the performance of the services of the Consultant as an independent contractor and the Consultant will not be considered an employee of the City for any purpose. SECTION VII. INDEMNIFICATION Any and all claims that arise or may arise against the Contractor, its agents, servants or employees as a consequence of any act or omission on the part of the Consultant or its agents, servants or employees while engaged in the performance of this Contract shall in no way be the obligation or responsibility of the City. Consultant shall indemnify, hold hannless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be inquired to pay, arising out of or by reason of any negligence or willful act or omission of the Consultant, its agents, servants or employees, in the execution, performance or failure to adequately perform Consultant's obligations under this Contract. SECTION VIII. AUTHORITY The City hereby grants to the Consultant all authority reasonably necessary to pursue and achieve the objectives of this Contract. Page 4 " r . e . . I IN WITNESS WHEREOF, the parties h~lVe set their hands this 7th day of January, 1997. Page 5 CITY OF STILLWATER BY~ . Ie, Mayor By ~&-J;; 0,o.J...->] .' orli Weldon, City Clerk LE<i~SLf TIVE ~OCIj\:rES; INC. B~_=-1.:d -- Edwin E. Cain, Its President