HomeMy WebLinkAboutR-76-11324.0
i2/ 6t76 titgatuttom No, _.r76- .132 .� ,..
A =Mortal AUTHORIZING THE CITY MANAGER
To EWER INTO AN AGREEMENT FOR THE
EM LOVMENT OF LABOR LAW COUNSEL WITH THE
LAW FIRM OF SEYFARTH, SHAW, FAIRWEATHER
AND GERALDSON FOR A PERIOD OF ONE YEAR
COMMENCING ON December 16, 1976 •
, 1977,
TO PERFORM SUCH SPECIAL LEGAL SERVICES AS
THE CITY MANAGER AND CITY ATTORNEY MAY
DETERMINE TO BE IN THE BEST INTERESTS
OF THE CITY; SUBJECT TO THE TERMS AND
CONDITIONS AS MAY BE AGREED TO BY THE
PARTIES AND THE CHARTER OF THE CITY OF
MIAMI, SUBJECT TO SAID FIRM OPENING AN
OFFICE IN THE CITY OF MIAMI, FLORIDA;
AUTHORIZING FUNDS THEREFOR FROM THE
CONTINGENCY ACCOUNT OF THE GENERAL FUND,
SUCH FUNDS NOT TO EXCEED $10,000.
WHEREAS, there exist special problems in the
AND TERMINATING December 16.
OF THE CITY OF MIAMI, FLORIDA:
Section 1, The City Manager
enter
ie.d of labor law and labor relations involving collective
bargaining, unfair labor practice charges and related matters
which require specialized expertise in the practice of labor
law; and
WHEREAS, the City Manager and the City Attorney
have determined that the law firm of SEYFARTH, SHAW, FAIRWEATHER
AND GERALDSON is competent to serve as special counsel for the
City of Miami in connection with these matters; and
WHEREAS, the fees shall be paid to said law firm.
in exchange for its services on an "as needed" basis, based
upon a maximum flat rate of from $45 to $75 per hour, depending
upon the particular attorney utilized,
Charter and Code of the City of Miami,
in compliance with the
Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
"DOCUMENT INDEX
ITEM NO.
is hereby authorized
into an agreement for the employment of labor law
counsel with the law firm of SEYFARTH, SHAW, FAIRWEATHER AND
;I,ASON for a period
f one year commencing on
rr
CITY COMMISSION
MEETING OF
DEC 1 6 1976
RESOLUTION N0.7o ' ' .. f
REMARKS:.....
• •
t.ttmtRR .6..197_ _ _ _.._..�,...�....
DECEM8ER 161
, and terminatihq
1977, to perform such
special legal services as the City Manager and the City
Attorney may determine to be in the best interests of
the City; subject to the terms and conditions as may be
agreed to by the parties and the Charter of the City of
Miami, subject to said firm opening an office in the City
OE Miami, Florida, with funds therefor hereby authorized
from the Contingency Account of the General Fund, such
funds not to exceed $10,000.
PASSED AND ADOPTED this 16th day of December,
976
ATTEST:
C Y CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
Assistant City Attorney
MAURICE A, FERRE
APP';-vED AS TO FO AND CORR TNESS:
EORGE F.
CITY ATTO
X, JR.
MAYOR
/ 5o
1 (1t
HONORABLE MEMBERS OP THE
CITY COMM1S;iiON
orge it . Knox, Jr.
City Alorney
4,4
17y c r MIA . reontUA
IN-rt tt,orric.L t,9EMONANDUM
aat�: becember 1b ) 1D7t
b,:tmet: Labor Counsel. bn Contract Basis
rtril F�cE:::
;dCLOSUn
ttesoiution Authorizing
Use of Counsel
(2)
In accordance with your previous instructions and subsequent
conferences with the City ?tanager, I am recommending adoption
of the attached resolution providing
Tffor
rc'the
uuse
niaf Special
Counsel in the field of Labor Law.
need
for 'such services, due to an overall question of unit determina-
tion as it affects civilian employees, pending unfair labor
practice charges filed by the American Federation of State,
County and Municipal Employees, and an arbitration case concern-
ing the Police Department. Significant differences, between a prior
similar agreement and the herein Agreement, are as follows:
1. T}1C prior agreement included a monthly retainer fee of $250
at an hourly rate of $60 as additional services were needed;
the proposed Agreement provides for no retainer fee but anding
Sliding scale of a flat hourly rate from $45 to $75,
depe'Upon the principal attorney utilized on the particular problem
at hand.
The herein Agr.ec:roent also includes a section which woulc: cover
per diem expenses up to the amount provided for by City rules
and regulations.
The herein Agreement contains an automatic renewal period for
one year in the absence of service of written notice of can-
cellation by either party.
It is proposed that they Special Counsel will only be utilized on
an "as needed" basis and principally for the major problems wherein
Adverse decisions could have a significant impact upon the interests
of the City. Although under the supervision of theiCity Attorney's
Office, the Special Counsel will be immediately
Labor relations Staff of the City Manager's Office.
GFK/RFC/rb
"SUPPORTIVE
IVE
DOC,UM[NT'S
FOLLOW"
IMMI
mmmm
MEEK
1 0:
50
erti' or MIAMI, FLORIDA
iNtItttibtfrict 1,41:-...MO RANUUM
HONOWAsn MtMilng OP T118
CITY Co1•i:iISSiO
'or. ge % . I'nox ,
City At orney
bAtl:: t3edembeg 16
butlAct= Labor Coutisej. Oh Contract t3asis
1'Oa-.11tt :
ft4cLbsUil :r:
Resolution Authorizing
Use of Counsel
(2)
In accordance with your previous instructions and subsequent.
conferences with the City tianager, I am recommending adoption
of the attached resolution providing fur the use of Special
Counsel in the field of Labor Late. There is an immediate need
for such services, due to an overall question of unit determina-
tion as it affects civilian employees, pending unfair labor
practice charges filed by the American Federation or State,
County and Municipal T;mp].oyees, and an arbitration case gconcern-
Sigdifferences between a prior
ing the Police Department..
similar agreement and the herein Agreement, arc as follows:
1. The prior agreement included a monthly retainer fee of $250
at an hourly rate of $60 as additional services were needed;
the proposed i greement provides for no reti i.ner fee but a
...sliding scale of a flat hourly rate from $45 to $75, depending
'.upon the principal attorney utilized on the particular problem
at hand.
The herein Agreement also includes a section which woulr covet
per diem expenses up to the amount provided for by City rules
-and regulations,
The herein 2\gr cement contains an automatic renewal period for
one year in the absence of service of written notice of can-
•
cellat.1on by either party.
It is propo:'ed that the Special. Counsel will only be utilized on
an "as needed" basis and principally for the major problems wherein
adverse decisions could have a :1cinifictint impact upon the interests
of the City. Although under the supervision of the City Attorney' s
Office, the Special Counsel will be immediately available to the
Labor Relations Staff of the City Manager's Office.
GFK/I:FC/rb
"SUPPORTIVE
DOCUMENTS
FOLLOW"
TO:
It OM.
CO if or MIAMI. I LOt2IDA
ltdtl~t7 t51= 1GI MEMoliAtJUUM
George 1A 1 1<itoct .t rto
City Attorney
Detl 12. 1vtie11ce
Labor Relations Officer
itAtt. December 8, 1976
Outside Labor Gott
Consistent with our instructions front the City Conurlission and subsequent
conversations between Mr. Alvarez and tnyself, I am forwarding the proposed
Resolution and Contract for labor Law Services to be provided by the firm of
Seyfarth, Shaw, Fairweather and Gcraldson. There are a substantial number
of area:; where we anticipate immediate need, particularly in the overall
question of unit determination as it affects the civilian employees, pending
unfair labor practice charges filed by the American Fedcration of State, County
Municipal Employees, and an arbitration case in the Police Department.
The basic resolution and contract are almost identical to the ones drawn by
yourself in 197.1 when you were an assistant. City attorney. The significant dif-
ferenc•cc between the previous agreement and resolution fur outside labor counsel
is the fact that the previous agreement included a rnonth)y r etainer fee of
$250.00 and an hourly rate of $60.00 per hour as additional service was needed.
'I'hc proposed I:esol.tttion and Agreement provide that there will be no retainer
fee and there wi11 be a sliding scale of a flat hourly rate from $.45. 00 to $75. 00
an hour depending upon the principal attorney utilized on the particular problem
at hand.
The Agreement also includes a section which would cover per diem expenses up
to the amount provided for by City rules and regulations. While the firm of
Seyfarth, Thaw, Fairweather and Geraldsun has its principal office in Chicago,
Illinois, the firth will be opening; an office in Florida on or about March 1, 1977.
It would be my thinking that the outside labor counsel firm would be only utilized
on an as -needed basis; and principally for tltt, inajor problems wherein adverse
decisions could have :c significant impact upon the City.
Further, it is clearly understood by the outside labor counsel that the City Attor-
ney has direction of ;tl1 attorney:; employed by the City and would work in cooper-
ation with the City AAttorney's Office during such time as they were providing out-
side labor law counsel to the Labor Relations staff of the City Manager.
(;l o r gt.'. l.'r Ititiok,
ltl ltt;llt of the
for 1)c't•t'iltbt.'r .,1
1)I0\1 /1101
cc: .I, At
December 8, 1916
1y ttt.ge that We het tlli s bit the Agt!tidi
Willi rietsitle legal coullscl tnay final i tut].
CONTRACT FOR LABOR LAW SERVICES
,ttEtNtENT made and entered into this
1976, by and between THE CITY OF MIAMI, a municipal
co 'poratiori located in Dade County, Florida, (hereinafter referred to as the "City"),
party of the first part, and the law firth of SEYFARTH, SHAW, F AIRWVEATHER,'
GERALDSON, (hereinafter referred to as The Firm), party of the second part, and
WHEREAS, pursuant to Resolution No,
has authorized and directed the City Manager and the City Clerk to enter into a
contract with the law firm of SEYFARTH, SHAW, FAIRWEATHER, GERALDSON
for Labor Law Services for a period of one (1) year, commencing
1976 and terminating , 197 ; and
WHEREAS, the party of the second part has agreed to provide continuing
advice and consultations written or oral, either at a mutually agreed upon site or by
telephone in matters relating solely to Labor Law and Labor Relations, that is
matters bearing on day-to-day relations with Unions, Collective Bargaining, Contract
Administration, Grievance Handling, Arbitration, Labor Disputes, and other employ-
ment subjects, such as requirements of Equal Employment Opportunity (Civil Rights)
and Occupational Safety and Health Act; advice pertaining to Labor Law matters may
be rendered to any appropriate Department or Departments of the Office of the City
Manager; or, if requested, to the Law Department of the City of Miami; and
WHEREAS, the party of the second part has agreed, upon the request of
the City, to attend collective bargaining negotiations, handle arbitrations arising
out of grievances or impasse negotiations, and to handle any litigation or adminis-
trative agency proceedings involving Labor Law, and/or Labor Relations, and all
circumstances relating to Labor Law and/or Labor Relations, where extended legal
time will be required; and
WHEREAS, the party of the second part has agreed to perform these legal
services in accordance with the policies, rules, regulations, and control and direction
of the City of Miami.
NOW, THEREFORE, in consideration of the mutual covenants and agree- —
ments he 'eiinafter set forth, the parties hereto covenant and agree as follows;
w
V
F.
the City Commission
•�:
• •
Till.: FIRM AGREES:
That it will provide continuing advice and consultation to the
City in matters relating solely to Labor Law and Labor Regulations, ir►cltrdiri,
but not limited to, matters bearing upon day-to-day relations with Unions, Collet=
tive bargaining, Contract Administration, Grievance handling, Arbitration, Labor
Disputes, matters bearing upon wage regulation, and any employment subjects
which may arise pursuant to Federal, State, or Local Legislation; such advice
may be rendered to any appropriate department, or departments of the Office of
the City Manager, or to the Law Department of the City of Miami.
. That the firm, upon the request of the City, shall handle all
circumstances of a legal nature pertaining, to Labor Law and/or Labor Relations
where extended legal time shall be required including but not limited to attendance
at collective bargaining negotiations, arbitrations arising out of grievances or
impasse negotiations, any litigation or administrative agency proceeding, and any
legal research which would be required to adequately protect the City's legal inter-
ests.
be %$40.
That the amount of compensation to be paid to the firm 's
00 per hour to $75. 00 per hour on the basis of the applicable hourly rate of
the particular attorney performing the services.
B. Incidental expenses of such nature as are authorized by the
Citywould be reimbursed according to maximum amounts provided by applicable
law.
That checks for these services shall be nailed to the firm at
such address as The Firm may, in writing, direct by letter to the Finance Director
of the City of Mia ni.
3 BOTH PARTIES AGREE;
A. That all services to be performed by The Fire shall be in
accordance with the polhc
City of Miami.
es, rules, regulations and control and direction of 1
'at tl e term of this Contract shall be for ore 11) year bow
and ending on botl lnclusiv
ning
MOW
)
C, That this Contract may be cancelled by either party hereto
subjedt tel giving thirty (30) days notice of intention to cancel said Contract.
b. That within sixty (60) days before the anniversary date of this
Contract, either party may serve written notice upon the other party to modify or
terminate this Agreement. In the absence of such written notice of intent, this
Agreement shall be renewed automatically for an additional period of one (1) year,
beginning on the Anniversary date of this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be executed in their names by the persons thereunto legally qualified and autho-
rised, all as of the day and year hereinabove first written.
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
ATTEST:
City Manager
City Clerk
�� .y. y�r
S YFARTH, SHAW, FAIRWEATHER,
GERALDSON
WITNESSE
�J • f'
;7
As to the Party of the Second Part
APPROVED AS TO FORM AND CORRECTNESS
age F. Knox, J x,
City Attorney