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
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..... \
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