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Home My WebLink About84-05 RESOLUTION• RESOLUTION NO. 84-05 a A RESOLUTION TO APPROVE A CONTRACT FOR PROFESSIONAL SERVICES WITH CROSS, GUNTER, WITHERSPOON &GALCHUS, P.C. IN A NOT TO EXCEED AMOUNT OF $20,000.00 TO BEGIN REPRESENTATION OF THE CITY IN THE PETER T. REAGAN, ET. AL. V. CITY OF FAYETTEVILLE LAWSUIT WHEREAS, the City had previously selected Cross, Gunter, Witherspoon & Galchus, P.C. to advise the Human Resources Division on labor law issues; and WHEREAS, a professional selection committee again selected Cross, Gunter, Witherspoon & Galchus, P.C. to defend the City in the Peter T. Reagan et. al. v. City Of Fayetteville lawsuit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Contract For Professional Services with Cross, Gunter, Witherspoon & Galchus, P.C. in a not to exceed amount of $20,000.00 (attached as Exhibit A) and authorizes Mayor Coady to sign this contract. PASSED and APPROVED this 19th day of April, 2005. A C>. • 1 Y O•,c •,L,p _U• .� E :FAYETTEVILLE• %iv ;P?ATTEST• ,Ai • KAN�S By: SONDRA SMITH, City Clerk By APPROVED: DAN COODY, May • • CONTRACT FOR PROFESSIONAL SERVICES On this 19i1' day of April 2005, the City of Fayetteville and the law firm of Cross, Gunter, Witherspoon & Galchus, P.C. agree to the following terms and conditions of this contract for professional labor law services: 1. The City of Fayetteville selected Cross, Gunter, Witherspoon & Galchus, P.0 through a professional selection committee process to provide legal services on labor law issues, including defending the City in litigation of labor law issues and consulting with the City on labor law issues. 2. The City of Fayetteville agrees to pay and Cross, Gunter, Witherspoon & Galchus, P.C. agrees to accept the normal hourly rate of the attorneys, law clerks and paralegals of Cross, Gunter, Witherspoon & Galchus, P C. as outlined in its letter of April 12, 2005 to Michele Bechhold (attached as Exhibit "A"). 3. Cross, Gunter. Witherspoon & Galchus, P.C. agrees to submit an itemized monthly statement of services rendered to the City including: description of services rendered, attorney performing the service, hours (to the tenth of an hour) for each such service. and out-of-pocket disbursements. 4. The initially authorized amount of budget for these services is $20,000.00. Cross, Gunter, Witherspoon & Galchus, P.C. agrees not to bill for any services or expenses that would exceed $20,000.00 without prior approval of the Fayetteville City Council. 5. City contracts and documents prepared while performing city contractual work arc subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Cross, Gunter, Witherspoon & Galchus, Y.C. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 6. Cross, Gunter, Witherspoon & Galchus, P.C. agrees to enter its appearance for and represent the City of Fayetteville in Peter T. Reagan, et al v. City of Fayetteville, Case No. 05-5045, Federal District Court in a timely, professional and competent manner and continue such professionally competent representation until the case is resolved, the City of Fayetteville discharges Cross, Gunter, Witherspoon & Galchus, P.0 and substitutes another counsel for lead • • counsel, the City of Fayetteville fails or refuses to pay a proper legal services bill according to this contract, or the City of Fayetteville fails to budget additional funds if the 520,000.00 initial budget is exhausted. 7. The City of Fayetteville agrees to cooperate and assist Cross, Gunter, Witherspoon & Galchus, P.C. during this litigation and the Department of Labor's supervised settlement. Cross, Gunter, Witherspoon & Galchus, P.C. agrees to competently defend and advise the City and to keep the City of Fayetteville regularly and adequately informed of the progress of the litigation, supervised settlement, audit of employee pay practices, etc. 8. The City of Fayetteville retains the right to select its own counsel at all times and may discharge Cross, Gunter_ Witherspoon & Galchus, P C. upon written notice, but shall be responsible to pay for all legal services and related expenses of Cross, Gunter, Witherspoon & Galchus, P.C. up to that point. Once payment for all such legal services and expenses has been made, the contents of all files compiled in relation to the City of Fayetteville shall become City property and shall be forwarded to the City without further charge. Cross, Gunter, Witherspoon & Galchus, P.C. may maintain its own copy of all such files turned over to the City. 8. The jurisdiction and venue for any dispute between the parties shall be Washington County Circuit Court. In agreement with all the above terms the City of Fayetteville by Mayor Dan Coody and Cross, Gunter, Witherspoon & Galchus, P.C. by Richard A. Roderick sign their names below. CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. By RICHARD A. RODERICK President By: Attest: CITY OF FAYETTEVILLE COODY Mayor fieat- Sondra Smith, City Clerk ',,vmn'n 11\c".• ace Y OF .'G'''�s • FAYETf EVI L LE 1.4PAAtJSP� ytLM?e ARKANSAS CITY COUNCIL AGENDA MEMO e t5 • (W q /aS dims -kr City Council Meeting of April 19, 2005 1144015P24") 964 (C114.5 TO: Mayor Dan Coody and City Council THRU: Stephen Davis, Finance & Internal Services Directo, FROM: Michele Bechhold, Human Resources Director 6 DATE: April 7, 2005 SUBJECT: Professional Services Agreement with Cross, Gunter, Witherspoon & Galchus, P.C. Recommendation Staff recommends approval of a professional services agreement with Cross, Gunter, Witherspoon & Galchus, P.C. to provide legal services on a retainer basis. Staff wishes to enter into this agreement in order to consult with the firm in their areas of expertise, namely federal and state labor laws. Staff also plans to request the firm to conduct independent reviews from time to time to provide assurance that the City's policies, procedures and practices are in compliance with applicable labor laws. Discussion This area of the law is complex and constantly changing as case law develops from court interpretations and decisions. This request to employ specialized counsel is consistent with the City's established pattem of seeking external counsel in the specialized areas of property and casualty, bond indentures, etc. The City currently coordinates these specialized legal services through the City Attomey's office. Staff will continue that practice upon approval of this agreement. The list below is not all inclusive but represents several of the federal laws that the City must comply with as an employer. State Code also contains labor regulations that employers must abide by. Title VII of the Civil Rights Act Family and Medical Leave Act Americans with Disabilities Act Age Discrimination in Employment Act Fair Labor Standards Act Fair Credit Reporting Act Immigration Reform and Control Act Health Insurance Portability and Accountability Act Uniformed Employment & Re-employment Rights Act Procurement Method This firm was selected following a professional selection method which included the required notification/advertisement process. Budget Impact The Human Resources Program has funds available to pay for these services. Staff is available to answer any questions you may have. • • RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT FOR PROFESSIONAL SERVICES WITH CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. W A NOT TO EXCEED AMOUNT OF $20,000.00 TO BEGIN REPRESENTATION OF THE CITY IN THE PETER T. REAGAN, ET. AL. V. CITY OF FAYETTEVILLE LAWSUIT WHEREAS, the City had previously selected Cross, Gunter, Witherspoon & Galchus, P.C. to advise the Human Resources Division on labor law issues; and WHEREAS, a professional selection committee again selected Cross, Gunter, Witherspoon & Galchus, P.C. to defend the City in the Peter T. Reagan, et. al. v. City Of Fayetteville lawsuit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Contract For Professional Services with Cross, Gunter, Witherspoon & Galchus, P.C. in a not to exceed amount of $20,000.00 (attached as Exhibit A) and authorizes Mayor Coody to sign this contract. PASSED and APPROVED this 19th day of April, 2005. ATTEST. By: SONDRA SMITH, City Clerk APPROVED: ° i/26 g By: DAN COODY, Mayor CROSS, GUN• R, WITHERSPOON & G •HUS, P.C. ATTORNEYS AT LAW LITTLE ROCK/FORT SMITH/FAVETTEVII.LF. 1. Brucc Cross Russell Gunter "' David 13 Vandergtif nn Carolyn B. Witherspoon Donna Smith Galchus Benjamin H. Shipley, 111 Scotty Shively M. Stephen Bingham Allen C. Dobson Richard A Roderick Mark T. McCarty Annanrary Dougherty Susan Keller Kendall" Melissa Mciunkins Duke Brian A. Vandiver Andrew B Faulkner James Thomas Keet Brandon W. Lacy Danna .1 Young April 12, 2005 Michele Bechhold City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Labor and Employment Legal Services Dear Michele: www cgwg.com 101 West Mountain Drive, Suite 200 Fayetteville, AR 72701 Telephone (479) 443-6978 Fax (479)443-7697 Resident in Fort Smith Office ' Resident in Northwest Arkansas (Fayetteville) I" Member of Arkansas and Texas Bars All Others Arkansas Bar We are pleased that you have selected Cross, Gunter, Witherspoon & Galchus, P.C., to advise the City of miscellaneous labor and employment matters as needed and to represent the City in the most recent action brought pursuant to the Fair Labor Standards Act. We will submit to you monthly statements, which itcmize the time expended on your behalf, a description of the services rendered, and the attorney performing the services. Each statement will also request reimbursement of any actual out-of-pocket disbursements, such as photocopies, expended by this firm in connection with our representation. Payment of our statement is due within thirty (30) days. My rate is $ 145 per hour. Donna Galchus, a director in our Little Rock office will also be working on these matters. Donna's hourly rate is $ 220 per hour. On occasion, the assistance of another attorney from our firm may be needed, and their rates vary from $120-$270 per hour for 2005. As is our custom, we will attempt, to the extent possible, to use paralegals and law clerks for items, which would appear not to require our attention. Our law firm reviews the rates for each of its attorneys at the beginning of each year and adjusts those rates as appropriate. Thus, any services rendered after the beginning of each year may reflect an increase in rates. We reserve the right to withdraw from this engagement upon reasonable notice to you when any fees or expenses are past due or in other appropriate circumstances. • • CONTRACT FOR PROFESSIONAL SERVICES On this day of April 2005, the City of Fayetteville and the law firm of Cross, Gunter, Witherspoon & Galchus, P.C. agree to the following terms and conditions of this contract for professional labor law services: 1. The City of Fayetteville selected Cross, Gunter, Witherspoon & Galchus, P.0 through a professional selection committee process to provide legal services on labor law issues, including defending the City in litigation of labor law issues and consulting with the City on labor law issues. 2. The City of Fayetteville agrees to pay and Cross, Gunter, Witherspoon & Galchus, P.C. agrees to accept the normal hourly rate of the attorneys, law clerks and paralegals of Cross, Gunter, Witherspoon & Galchus, P C. as outlined in its letter of April 12, 2005 to Michele Bechhold (attached as Exhibit "A"). 3. Cross, Gunter, Witherspoon & Galchus, P.C. agrees to submit an itemized monthly statement of services rendered to the City including: description of services rendered, attorney performing the service, hours (to the tenth of an hour) for each such service, and out-of-pocket disbursements. 4. The initially authorized amount of budget for these services is $20,000.00. Cross, Gunter, Witherspoon & Galchus, P.C. agrees not to bill for any services or expenses that would exceed $20,000.00 without prior approval of the Fayetteville City Council. 5. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Cross, Gunter, Witherspoon & Galchus, P.C. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 6. Cross, Gunter, Witherspoon & Galchus, P.C. agrees to enter its appearance for and represent the City of Fayetteville in Peter T. Reagan, et al v. City of Fayetteville, Case No. 05-5045, Federal District Court in a timely, professional and competent manner and continue such professionally competent representation until the case is resolved, the City of Fayetteville discharges Cross, Gunter, Witherspoon & Galchus, P.0 and substitutes another counsel for lead • • counsel, the City of Fayetteville fails or refuses to pay a proper legal services bill according to this contract, or the City of Fayetteville fails to budget additional funds if the 520,000.00 initial budget is exhausted. 7. The City of Fayetteville agrees to cooperate and assist Cross, Gunter, Witherspoon & Galchus, P.C. during this litigation and the Department of Labor's supervised settlement. Cross, Gunter, Witherspoon & Galchus, P.C. agrees to competently defend and advise the City and to keep the City of Fayetteville regularly and adequately informed of the progress of the litigation, supervised settlement, audit of employee pay practices, etc. 8. The City of Fayetteville retains the nght to select its own counsel at all times and may discharge Cross, Gunter, Witherspoon & Galchus, P.C. upon written notice, but shall be responsible to pay for all legal services and related expenses of Cross, Gunter, Witherspoon & Galchus, P.C. up to that point. Once payment for all such legal services and expenses has been made, the contents of all files compiled in relation to the City of Fayetteville shall become City property and shall be forwarded to the City without further charge. Cross, Gunter, Witherspoon & Galchus, P.C. may maintain its own copy of all such files turned over to the City. 8. The junsdiction and venue for any dispute between the parties shall be Washington County Circuit Court. In agreement with all the above terms the City of Fayetteville by Mayor Dan Coody and Cross, Gunter, Witherspoon & Galchus, P.C. by Donna Smith Galchus sign their names below. CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. CITY OF FAYETTEVILLE By: By: DONNA SMITH GALCHUS DAN COODY Mayor Title Attest: Sondra Smith, City Clerk Michele Bechhold Submitted By • City of Fayetteville • Staff Review Form City Council Agenda Items Contracts 19 -Apr -05 City Council Meeting Date Human Resources Division Action Required: Finance & Internal Services Department To approve a professional services agreement with Cross, Gunter, Witherspoon & Galchus for a not -to -exceed amount of $20,000.00 for legal services. 520,000.00 Cost of this request 1010.1210.5314.01 Account Number Project Number $ 260,349.00 Category/Project Budget (2005) 77,000.00 Services & Charges Program Category / Project Name Human Resources Funds Used to Date Program / Project Category Name 183,349.00 General Fund Remaining Balance Fund Name Budgeted Item X Budget Adjustment Attached Department'Director City Att Mayor Previous Ordinance or Resolution # 4--/ Z -0.5 Original Contract Date: Date Original Contract Number: 4- 1 4- Of Date Date Received in City Clerk's Office Received in Mayor's Office Comments: Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Rovlsed art Ird'e �•^^� D i tion !Requester Pam Ferguson n 2 a 11 0 N Vendor #: 13130 City Of Fayetteville (Not a Purchase Order) esu p- L Legal Services 1 Lot 20,000.00 $20,000.00 1010.1210.5314.01 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Quaff nut Vendor Name: Cross, Gunter, Witherspoon & Galchus c a o_ N N C 0 Unit Cost Extended Cost Account Numbers Requester's Employee #: 2134 Zip Code: (Ship to code: 60 Fob Point: - I O E N O O O O x C V aN a 4/0 O O Co O Project/Subproject # !Inventory # !Fixed Asset # IT 0 o R. N m Taxable—–IOuotes Attached Yes:_ No: x Yes: ' No: {I rtd _ I P.0 Number: !Expected Delivery Date: ---- • O C c a a m d N 0 O O N • • • MILESTONES FOR DEPARTMENT OF LABOR SUPERVISED SETTLEMENT PROCESS New World Systems Programmers On-site Cross, Gunter, Witherspoon & Galchus Legal Services Agreement To City Council Timekeepers trained on Remote Entry of Payroll Remote Entry Process Goes Live Processes and Practices Reviewed by DOL Implementation of DOL recommendations into the payroll process Calculation of any back wages due DOL review and approval of back wage calculations DOL supervises the settlement process April 12, 2005 Page 2 • • We look forward to assisting City in this matter. If you have any questions concerning the terms and conditions, please contact me. Sincerely, Susan Keller Kendall Clarice Pearman Res84-05 From: Clarice Pearman To: Bechhold, Michele Subject: Res84-05 Attached is a copy of the resolution and contract passed by City Council April 19, 2005 for Cross, Gunter, Witherspoon & Galchus. Thanks. Clarice CC: Deaton, Vicki Page 1