Explanation
BACKGROUND: The collective bargaining agreements between the City and AFSCME Locals 1632 and 2191(American Federation of State, County and Municipal Employees) expires on March 31, 2008. The contract between the City and FOP/Capital City Lodge #9 expires on December 8, 2008. It is imperative that negotiations for a successor agreement commence as expeditiously as possible in order to hasten the likelihood of a resolution and avoid a potentially protracted process.
The law firm of Baker and Hosteler, contract compliance #340082025 has been solicited to provide assistance in collective bargaining negotiations because of its experience representing the City of Columbus in previous negotiations. With Baker's assistance the City has successfully resolved the 2002 FOP negotiations, and has resolved the 2004 IAFF and 2005 AFSCME negotiations without the need for third party intervention.
This legislation will authorize the Director of Human Resources to enter into contract with Baker & Hostetler and will further authorize the appropriation of $240,000.00 to compensate the contractor for services rendered in conjunction with the negotiations. The competitive bid process would exacerbate an already potentially protracted process and would not be conducive to bringing the negotiations to closure in an expeditious fashion. Therefore, competitive bidding requirements are being waived.
Fiscal Impact: These funds are budgeted within the Department of Human Resources 2008 budget.
Title
To authorize the Director of the Department of Human Resources to enter into contract with the law firm of Baker & Hostetler for the purpose of providing assistance as may be necessary to negotiate successor collective bargaining agreements with AFSCME Locals 1632 and 2191 and FOP/Capital City Lodge #9; to authorize the expenditure of $240,000.00 from the Employee Benefits Fund; to waive the competitive bid requirements of the Columbus City code. ; and to declare an emergency ($240,000.00).
Body
WHEREAS, the collective bargaining contracts between the City and AFSCME Locals 1632 and 2191 expires on March 31, 2008; and
WHEREAS, the collective bargaining contract between the City and FOP/Capital City Lodge #9 expires December 8, 2008; and
WHEREAS, the law firm of Baker & Hostetler has provided effective assistance in preparing for and negotiating previous collective bargaining contracts for the City; and
WHEREAS, it is in the mutual best interest of the City and AFSCME 1632 and the FOP/Capital City Lodge #9 to finalize collective bargaining negotiations as expeditiously as possible, therefore requiring the waiver of the competitive bidding provisions set forth in the Columbus City Codes; and now, therefore;
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to enter into contract with Baker & Hostetler in order to finalize collective bargaining negotiations as soon as possible, thereby preserving the public health, peace, property, safety and welfare; Now therefore;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Human Resources is hereby authorized to enter into a contract with Baker & Hostetler to assist the City in negotiating successor collective bargaining agreements with AFSCME Locals 1632 and 2191 and FOP/Capital City Lodge #9.
SECTION 2. That the provisions of Chapter 329.10 of the Columbus City Codes be waived.
SECTION 3. That the expenditure of $240,000.00 or so much thereof as may be necessary is hereby authorized to be expended from the Employee Benefits Fund as follows:
Fund: Employee Benefits Fund 502 | Department: Human Resources 46-01 | OBL 3: 3336 | OCA: 450882
SECTION 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.