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10-12-10 Special Workshop MtgCITY COMMISSION r' "' `~' "' ' ` " CITY OF DELRAY BEACH, FLORIDA SPECIAL/WORKSHOP MEETING -TUESDAY, OCTOBER 12, 2010 ~!~ ~r~tne~~~r~ 6:00 P.M. DELRAY BEACH CITY HALL FIRST FLOOR CONFERENCE ~ i ROOM ,. .,,, . w The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Nelson S. McDuffie has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: APPOINTMENT OF OUTSIDE LABOR COUNSEL: Consider approval of Allen, Norton and Blue as outside labor/employment counsel to the City of Delray Beach. WORKSHOP AGENDA 1. Discussion of Seacrest Soccer Complex Maintenance Agreement with the Delray Beach Athletic Club 2. Commission Comments Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 6, 2010 SUBJECT: AGENDA ITEM SP.1 - SPECIAL/WORKSHOP MEETING OF OCTOBER 12, 2010 APPOINTMENT OF LABOR COUNSEL ITEM BEFORE COMMISSION Approval of the appointment of the law firm of Allen, Norton and Blue as labor/employment counsel to the City of Delray Beach at the rate of $210.00 per hour. BACKGROUND City staff recently conducted interviews regarding labor/employment law firms to handle the City's labor/employment issues, which could include general labor/employment matters, union negotiations, impasse hearings, civil service hearings, arbitration hearings and employment/union litigation matters as well as possible appeals. While all of the firms interviewed were well qualified, one firm, Allen Norton and Blue has more of a presence in Palm Beach County. The firm represents numerous other municipalities in Palm Beach County as well as the Palm Beach County Sheriff's Office. RECOMMENDATION The City Attorney's Office recommends approval. Shutt, Brian From: Sent: To: Cc: Subject: Attachments: R. Brian Shutt, Esq. City Attorney's Off ce City of Delray Beach 24(? N.W. 1St Avenue Delray Beach, FL 33444 Dear Brian: Lisle Gonzalez [Ionzalez@anblaw.com] Tuesday, September 28, 2010 6:00 PM Shutt, Brian Peter Sampo EMAIL FROM PETER L. SAMPO -Professional Services Agreement wl retainer info {City of Delray Beach}.DOC Professional Services Agreement w/ retainer info {City of Delray Beach}.DOC It will be our distinct pleasure to meet with you and your City Manager this Friday about possible representation of the City of Delray Beach with respect to labor and employment matters. As we discussed,. I am forwarding some information about our firm and the retainer program to you in advance of our meeting. Our firm is a boutique management labor and employment firm with offices in Miami, Tampa, Orlando, Jacksonville and Tallahassee. We represent both public and private sector clients and in that regard we: Handle elections and campaigns when unions initially ask to become certified for a group of public employees. 2. Act as chief negotiator in collective bargaining negotiations. 3. Represent the CEO in special magistrate and legislative body hearings conducted as part of the FS Chapter 447 impasse procedure. 4. Handle executive sessions with reference to collective bargaining. 5. Give advice as to and handle due process and liberty interest hearings. 6. Prepare and review personnel policies and. handbooks. 7. Engage with management and City attorneys in preventive maintenance review and consultation to assist in the pre-decision investigation and decision making in potential disciplinary action to "pre-try" the case and insure procedural requirements are met, 8. Handle arbitrations over discipline, management rights, policy violations and other issues subject to the arbitration provision of collective bargaining. agreements. ~. Handle all farms of employment-related administrative charges and litigation in judicial, arbitration and administrative forums. I could go on but I feel the above gives you a pretty good idea of the breadth of our experience. In addition, we offer our clients the benef is of our retainer program as described in the attached Professional Services Retainer Agreement. As far as representative public sector clients, we represent many public employers in Palm Beach, Broward and Dade Counties as well as along the entire East Cnast ofFlorida from St. Augustine to Key West. I have listed below a few from Palm Beach County as follows: Palm Beach County Sheriff City of Lake Worth City of Boca Raton City of Atlantis Village of Royal Palm Beach City of Palm Beach Gardens Palm Beach State College Town of Palm Beach Town of Palm Beach Shores In addition to the entities listed above, we represent over 60 other cities; 22 counties, 14 school boards, 14 fire districts, a number of the Sheriffs of the various counties in Florida., numerous Florida community colleges, hospitals and special districts. I look forward to the opportunity to meet with you and yaur City Manager this Friday at 9:00 a.m. Meanwhile, if you wish, please feel free to review the additional information an our firm websrte, www_anblaw:com. Sincerely, Peter L. Sampa z Robert L. Norton - A11en Norton & Blue, P.A. Our Offices Jacksonvipe 804.562.4480 Miami 345.445.7801 Orlando 407.571.2152 Tallahassee 850.561.3503 Tampa 813.251.1210 Search I Back To Home Robert L, Norton Partner Miami Office 121 Majorca Avenue Suite 300 Coral Gables, Florida 33134 Phone: 305.445.T8D 1 Fax: 305.442.1578 mortan~anblaw.cnm Professional Experience • 38 Years of practice in Labor and l_mplcyment law ^ Managing Partner of the Firm for approximately the last twenty years Professional Recognition and Assoc€ation~ • The Florida Bar Assdiation + Florida Bar Board certifted in Labor and Empioyment Law Listed as one of "The Best Lawyers in America" for over 10 years + Listed as one of the "Florida.'s Tap Lawyers" in Florida Monthly • Listed on Florida Trend Magazines "Legal Elite° • Listed vn South Florida Legal Guide 'Top Lawyers" • Martindale Hubbell AV Rating Gourt Admissions • U.S. District Courtfor the 5oulhem, Middle and Narthem Districts of Florida • U.S. Court of App®als far the 111h, 4~ and 5~ Circuits Educat€on • University of Florida (B.S. in Advertising, 1967) • University of Florida Levin College of Law (JA., 1970) :: BBGk Page 2 of 2 The firm's attorneys are admitted to practice in the State of Florida. The hiring of a sawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free wriften information about our qualifications and experience. O 20D5 Allen Norton & Blue, P.A. • PaperStreet Web Design http://anblaw.com/attorneysdetail.php?name_frst=Robert+I,.&name last=Norton 1Q181201Q MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: October 7, 2010 SUBJECT: AGENDA ITEM WS.1 - SPECIAL/WORKSHOP MEETING OF OCTOBER 12, 2010 SEACREST SOCCER COMPLEX -PROPOSED MAINTENANCE AGREEMENT ITEM BEFORE COMMISSION Proposal from Delray Beach Athletic Club (DBAC) to enter into a Maintenance Agreement with the City of Delray Beach to provide field maintenance at the Seacrest Soccer Complex. BACKGROUND The proposal would have the DBAC mow, fertilize, and maintain the turf in the same manner, style and quality as we currently have. The City would continue to maintain common turf areas (area outside the playing field), restrooms, building, and trash pick-up. The DBAC would be the primary scheduler of the fields and provide an on-site field marshal any time that the fields are in use. This agreement would be contingent on modifying our agreement with Sports Turf One, the City's current maintenance contractor. RECOMMENDATION City Commission discretion.