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HomeMy WebLinkAboutReso 2011-1789 RESOLUTION NO. 2011-J.:1.f3q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA RATIFYING AN AGREEMENT TO RETAIN THE SERVICES OF THE LAW FIRM OF HOLLAND AND KNIGHT AND SPECIFICALLY MICHAEL PRENDERGAST, ESQ. TO CONDUCT CERTAIN INVESTIGA TIONS IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND ($30,000.00); AUTHORIZING THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Attorney has retained the services of the law firm of Holland and Knight to provide legal services in connection with certain investigations; and WHEREAS, the law firm of Holland and Knight is highly qualified to represent the City as special counsels to the City; and WHEREAS, the City Commission wishes to accept the terms and conditions outlined in the agreement to retain the services of Holland and Knight in an amount not to exceed Thirty Thousand ($30,000.00) attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratifying the Retainer Agreement. The Retainer Agreement with Holland and Knight attached hereto as Exhibit "A" is hereby ratified. Section 2. Authorization of the City Attorney. The City Attorney is hereby authorized to do all things necessary to effectuate this agreement. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 20th day of October 2011 ?) ..... \ ATTEST: v,,'> ~A~ Jane A. Hines, CMC, City Clerk RatifYing an Agreement with Holland & Knight. APPROVED AS TO FORM AND LEG S I IENCY: Vote: S...o Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl Moved by: \l \ c... t/\~rW -WM-W Seconded by: ~~ GI\:TTO ~~Y es) _(Yes) ~(Yes) ~Yes) ~(Yes) RatifYing an Agreement with Holland & Knight. _(No) _(No) _(No) _(No) _(No) Holland & Knight 701 Brickell Avenue, Suite 3000 I Miami, FL 33131 I T 305.374.8500 I F 305.789.7799 Holland & Knight LLP I www.hklaw.com Marilyn J. Holifield 305 789 7730 ma ri Iyn. holifield@hklaw.com September 13,2011 Hans Ottinot, Esq. City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Holland & Knight LLP Representation Dear Hans: Thank you for retaining Holland & Knight LLP to represent the City of Sunny Isles Beach in connection with the investigation regarding potential employee conduct. We appreciate the opportunity to work with you on this matter. The purpose of this letter is to confirm our engagement as counsel for this matter. The fees and costs incurred by Holland & Knight LLP in handling this matter will be paid by City of Sunny Isles Beach and will be billed in accordance with the standard billing and collection policies which have previously been negotiated and agreed upon between you and Holland & Knight LLP. Michael Prendergast, Esq., whose billing rate is $350.00 per hour, will be primarily responsible, and Susan Nix, Investigator whose rate is $200.00 per hour, will assist. Michael is head of our employment group in Jacksonville and has expertise in representing public employers. The City will defray the cost of Michael's travel and lodging expenses. For this matter my billing rate is $375.00 per hour. Sincerely yours, # 10607390 vI Holland & Knight - Extended Biography for Michael G. "Mike" Prendergast Holland & Knight PRACTICES Litigation Labor, Employment and Benefits Civil Rights, Discrimination and Retaliation ERISA, Employee Benefits and Executive Compensation Labor Relations for Management Non-Competes, Trade Secrets and Defecting Employees OSHA, Workplace Safety and Whistleblower Claims Religious Institutions EDUCATION University of Florida Levin College of Law, J.D., with honors University of Florida, B.S. BAR ADMISSIONS Florida Michael G. "Mike" Prendergast Partner Jacksonville t: 904-798-5401 e: Michael. Prendergast@hklaw.com Michael Prendergast leads the Labor and Employment Group in the firm's Jacksonville office. Mr. Prendergast represents private and public sector employers in employment litigation in state and federal court and before various administrative agencies. Mr. Prendergast also helps employers resolve employment issues by developing practical solutions that comply with the growing number of laws and regulations that impact the workplace. Mr. Prendergast has represented employers in several manufacturing, retail and service industries, including construction, transportation, shipyards, paper and paper products, automotive, healthcare, food distribution, grocery and beverage. Mr. Prendergast's experience includes advising employers and litigating claims regarding union avoidance, collective bargaining, arbitration, employment discrimination, sexual and other forms of harassment, disability issues, affirmative action, family and medical leave, minimum wage, overtime and child labor laws, reductions in force (including employee notification requirements), non-compete, confidentiality and trade secret issues, public and private sector whistleblower claims, workplace safety and health, and various work- related constitutional and common law claims. Mr. Prendergast assists government contractors in preparing and updating affirmative action programs and responding to desk audits conducted by the Office of Federal Contract Compliance Programs. Mr. Prendergast has represented employers in OFCCP investigations and defended employers in OFCCP claims seeking class-wide relief. Mr. Prendergast provides supervisory training to help employers remain union free and has represented clients in representation and unfair labor practice cases before the National Labor Relations Board and the Florida Public Employee Relations Commission. Mr. Prendergast has represented private and public sector clients in collective bargaining, assisted private sector clients in responding to strikes and strike-related violence, and advised public sector clients regarding the State of Florida's impasse procedures. Mr. Prendergast represents employers at OSHA inspections, assists employers in responding to OSHA citations and defends employers in administrative litigation before the Occupational Safety and Heath Review Commission. Mr. Prendergast's OSHA experience includes cases involving workplace fatalities and OSHA's attempt to impose substantial fines and mitigation obligations on employers http://www.hklaw.com/id77 /extended 1 /biosmgprendergast/ Page 1 of2 9/16/2011 Holland & Knight - Extended Biography for Michael G. "Mike" Prendergast accused of willful violations. Mr. Prendergast defends public sector clients facing equal protection, free speech, due process and political patronage claims and has assisted public officials sued in their individual capacities in avoiding liability based on qualified or absolute immunity. Mr. Prendergast has represented public sector employers facing removal from office based on claims of election-related misconduct or other allegations of misfeasance or malfeasance. This has included representation in claims filed with the Florida Commission on Ethics and investigations by the governor's office and Florida Department of Law Enforcement. PROFESSIONAL HONORS & AWARDS · The Best Lawyers in America guide, Employment Law - Management, 2009-2012 . The Best Lawyers in America guide, Labor Law - Management, 2009-2012 . Recognized by Jacksonville Magazine as one of the "250 Best Lawyers of 2010" in Employment and Labor Law MEMBERSHIPS . The Florida Bar, Labor and Employment Law Section, Local Government Law Section · Jacksonville Bar Association . Federal Bar Association . American Bar Association · Rotary Club of West Jacksonville . United Way of Northeast Florida . Jacksonville Urban League · University of Florida, Department of Psychology Advisory Board . Phi Beta Kappa COURT ADMISSIONS . United States Supreme Court · United States Court of Appeals for the Eleventh Circuit · United States District Courts for Northern, Middle and Southern Districts of Florida SPEAKING ENGAGEMENTS · "Agricultural Exemption and other Wage and Hour Issues Affecting Agricultural Workers," The Florida Bar Agricultural Update Seminar, Gainesville, FL, November 20, 2009 http://www.hklaw.com/id77 /extended l/biosmgprendergast/ Page 2 of2 9/16/2011 TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis Thaler, Vice Mayor Isaac Aelion, Commissioner Jeanette Gatto, Commissioner George "Bud" Scholl, Commissioner Alan J. Cohen, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM The Honorable City commissinW Hans Ottinot, City Attorney Uf\V October 20, 2011 Ratifying an Agreement to Retain the Services of the Law Firm of Holland and Knight RECOMMENDATION: The Resolution is presented for your consideration. REASONS: To assist me with certain investigations I retained the services of the law firm of Holland and Knight and specifically attorney Michael Prendergast. He has expertise in representing public and private employers in matters relating to employee's conduct. The Attached letter agreement between the City and Holland and Knight is before you to ratify. Please also note that the fees for the services should not exceed Thirty Thousand Dollars (30,000.00). Also attached is a brief biography for Mr. Prendergast. HO:jb /attachment Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMVRANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 10/2012011 RE: Ratifying an Agreement to Retain the Services of the Law Firm of Holland and Knight RECOMMENDATION: The Resolution is presented for your consideration. REASONS: To assist me with certain investigations I retained the services of the law firm of Holland and Knight and specifically attorney Michael Prendergast. He has expertise in representing public and private employers in matters relating to employee's conduct. The Attached letter agreement between the City and Holland and Knight is before you to ratify. Please also note that the fees for the services should not exceed Thirty Thousand Dollars (30,000.00). Also attached is a brief biography for Mr. Prendergast. A TT ACHMENTS: . Resolution http://sibagenda.sibfl.net/agendalPreview.aspx?I temID=622&MeetingID=0&MeetingDat... 10/1412011