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Agenda Item 8EAGENDA ITEM # 8E JULY 11, 2011 CITY ATTORNEY REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Labor attorney DATE: July 5, 2011 SUBMITTED BY: Alan C. Jensen, City Attorney ..._ � _ � 'E: X111► 1� The City has used the services of various outside attorneys over the years in certain specialized areas of the law, including labor and employment law. Questions arise occasionally from various department heads and employees regarding the rights and responsibilities of city employees, union issues, and the like. It is in the City's best interest to have an experienced labor attorney who specializes in representing management and government entities to answer such questions, and to represent the City, when necessary, in grievance hearings and any court matters related to labor and employment issues. Jim Hanson, George Foster and I have discussed this matter and recently met with John F. Dickinson, a labor and employment lawyer with the firm of Constangy, Brooks & Smith in Jacksonville. John has well over 30 years experience in the labor and employment law field, represents many other governmental agencies, has a substantial amount of information and resources available to him from all the offices in his firm, and has previously provided services to the City. He has offered his services at a very competitive rate. Jim, George and I concur that John would be a good fit to provide services to the City in the labor and employment law field. BUDGET: Legal services. RECOMMENDATION: To approve the attached representation agreement with John Dickinson and his firm and authorize the City Manager to sign it. ATTACHMENT: Proposed representation agreement. REVIEWED BY CITY MANAGED: AGENDA ITEM # 8E JULY 11, 2011 BROOKS & SMITH, LLP 200 WEST FORSYTH STREET, SUITE 1700 POST OFFICE Box 41099 (32203 -1099) JACKSONVILLE, FLORIDA 32202 TELEPHONE (904) 356 -8900 • FACSIMILE (904) 356 -8200 Wcvw.constangy.com jdickinson @constangy.com June 14, 2011 VIA EMAIL AND U.S. MAIL Mr. Jim Hanson City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: Engagement Letter - Advice General Services Dear Mr. Hanson: This will confirm that the City of Atlantic Beach has retained Constangy, Brooks &: Smith, LLP to assist in general labor and employment law matters. This engagement letter sets forth the scope and terms of our services. We know you have a choice when selecting counsel, so we would like to take a moment and thank you for your business and let you know that we look forward to working with you. Our Service Philosophy We serve our clients through our firm's Service Philosophy, which is available on our firm's web site at www.constangy.com We also provide our clients this unique service pledge: We assure you that as a client of Constangy, Brooks & Smith, LLP, you will receive cost - effective legal services delivered in a timely manner. We promise to involve you and communicate with you regularly. We cannot guarantee outcomes, but we do assure your satisfaction with our service. If Constangy, Brooks & Smith, LLP, does not peJ form to your satisfaction, please let its know promptly. We will make every effort to resolve the issue to Your satisfaction. Our Client Relationship Focus We find that the most mutually beneficial attorney - client relationships are those based on a complete understanding of the client's business goals and industry. As we work with you, we will make every effort to provide legal advice ATLANTA, GA ASHEVILLE, NO AUSTIN, TX BIRMINGHAM, AL BOSTON, MA CHICAGO, IL COLUMBIA, SC FAIRFAX, VA GREENVILLE, SC JACKSONVILLE, FL KANSAS CITY, MO LAKELAND, FL LOS ANGELES COUNTY, CA MACON, GA MILWAUKEE, WI NASHVILLE, TN TAMPA, FL VENTURA COUNTY, CA WINSTON- SALEM, NC AGENDA ITEM # 8E JULY 11, 2011 Mr. Jim Hanson June 14, 2011 Page 2 and counseling services in the context of your business goals and get to know your City better as we develop a longstanding relationship. Scope Our general labor and employment advice and counseling service includes all legal advice and counseling where you request our assistance that is not covered in a separate engagement letter. The goal of our general labor and employment law advice and counseling service is to maximize management discretion while ensuring compliance with the wide range of labor and employment laws, regulations, and court decisions that frequently change the legal landscape in the workplace. We have found that addressing issues before they arise or as promptly as possible can often reduce the chances of an individual suing the employer or filing a charge or complaint with a govermnent agency. We also represent clients in defending lawsuits or responding to government investigations, so please let us know immediately if you are served with a lawsuit or notified of a government investigation and we will be glad to assist you. Staffing I will be the primary attorney working with you, so it is my responsibility to make sure you are receiving high quality legal services in a cost - effective manner. It is also my responsibility to be available to you in a timely and responsive manner, which is why I make my office number, cell phone number and e -mail address available to you at any time and why I return calls within one business day, if not the same day. If, however, I am unavailable for any reason due to other obligations, please feel free to contact any of my colleagues in the Jacksonville office for assistance. Generally, I recommend you contact Lori Mans if I am not available, though you should feel free to contact anyone else as well. My legal assistant, Pam Patton, is also available to assist you in getting the service you need at any time. Fees For our general labor and employment advice and counseling service, we bill by the hour at our normal hourly service rates. My normal hourly rate for 2011 will be $250.00. Lori's hourly rate for 2011 is $195.00. We do not bill for after -hours travel time, but it may be necessary to bill for travel time during regular workday hours if we cannot otherwise schedule the travel. We periodically review our rates for cost - effectiveness and normally make any changes in January of each year. Expenses In addition to our fees, we bill clients for certain expenses, such as travel, lodging, outsourced copying, and overnight couriers. Unlike most law firms, however, we do not bill for in -house copying, long distance telephone calls, faxes, postage, or computer usage. This is a substantial cost - saving feature of working with us. We believe such costs are overhead costs that should not be billed to clients. Billing. We send monthly invoices for our fees and expenses, which contain detailed descriptions of the work performed and expenses incurred so that you can make a meaningful assessment of our value. We request payment upon receipt and, pursuant to the requirements AGENDA ITEM # 8E JULY 11, 2011 Mr. Jim Hanson June 14, 2011 Page 3 of some state bar associations, we must also in you that we reserve the right to terminate our services or representation for failure to pay our invoices in a timely manner. Limitation Our representation of the City in general labor and employment matters will not extend to representing other entities or individuals employed by or associated with the City, unless specifically requested by you and documented by separate written agreement. This limitation is necessary to make certain that we avoid any potential conflicts of interest which may exist between you and your City and other persons and entities. Other Services We are proud to offer a full range of workplace legal compliance and representation services to clients, including services in employment litigation, labor relations (including union -free programs), employee benefits, wage and hour compliance, non - compete and other restrictive covenant agreements, business immigration, workplace safety, affirmative action plans, and class action lawsuit defense, among others. If you need any further information or wish to discuss those services further, please let us know. Firm Seminars and Publications We believe an educated client is in the best position to minimize possible workplace legal issues. Accordingly, we offer client -only seminars and publications from time to time to help our clients stay updated on legal developments that affect their businesses and workplaces. We will add you to our mailing list for such seminars and publications. If there are any other individuals in your organization that you wish to add to our firm mailing list, please indicate below. Sincerely, 6 Jo F. Dickinson JFD /pp cc: Alan Jensen, Esquire AGENDA ITEM # SE JULY 11, 2011 Mr, Jim Hanson June 14, 2011 Page 4 I have read and understand the above letter setting forth our obligations concerning the payment of legal fees to the firm of CONSTANGY, BROOKS & SMITH, LLP, and agree to be bound by the terms of this letter. DATE: IC Title: In addition to myself, please add the following individual(s) to the firm's mailing and e -mail distribution lists: Name Title E -Mail Address (some newsletters are sent only via e -mail) Name Title E -Mail Address (some newsletters are sent only via e -mail)