Explanation
The contract between the City and FOP/Capital City Lodge #9 expired December 8, 2008. Pursuant to ordinance 0304-2008, the City engaged the law firm of Baker and Hostetler to provide assistance in negotiating a successor collective bargaining agreement beginning in October 2008. Negotiations required the use of the fact-finding process to achieve resolution. The City also anticipates utilizing Baker and Hostetler LLP should the necessity for mid term bargaining or similar matters related to the implementation of the agreement occur.
The contract between the City of Columbus and CMAGE/CWA Local 4502 expired August 23, 2008. The negotiations between the City and CMAGE/CWA Local 4502 have been ongoing since July 2008.The fact-finding process will also be required to resolve this impasse.
It has been the Human Resources Department's desire to utilize the services of Baker and Hostetler for the negotiations and fact-finding proceedings with FOP/Capital City Lodge #9 and for fact-finding and conciliation proceedings as may be necessary for resolution of the issues involving CMAGE/CWA Local 4502.
The law firm of Baker and Hostetler was solicited to provide assistance in collective bargaining negotiations because of its experience representing the City of Columbus in previous negotiations.
This legislation will authorize the Director of Human Resources to enter into contract with Baker & Hostetler and will further authorize the expenditure of $100,000.00 to compensate the contractor for services rendered in conjunction with the negotiations, fact-finding and conciliation. The competitive bid process would exacerbate an already 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 2010 budget.
Baker and Hostetler's contract compliance number is 340082025.
Title
To authorize the Director of the Department of Human Resources to enter into contract with the law firm of Baker & Hostetler LLP for the purpose of providing ongoing assistance in the negotiation and implementation of the collective bargaining agreement with FOP/Capital City Lodge #9 and to represent the City in fact-finding proceedings with CMAGE/CWA Local 4502; to authorize the expenditure of $100,000.00 from the Employee Benefits Fund; to waive the competitive bidding requirements of the Columbus City Codes; and to declare an emergency. ($100,000.00)
Body
WHEREAS, the collective bargaining contract between the City and FOP/Capital City Lodge #9 expired December 8, 2008; and
WHEREAS, the law firm of Baker & Hostetler has provided ongoing assistance to the City of Columbus in negotiating a successor collective bargaining agreement with FOP/Capital City Lodge #9 since October 2008; and
WHEREAS, the negotiations required the utilization of the fact-finding process; and
WHEREAS, the collective bargaining contract between the City of Columbus and CMAGE/CWA Local 4502 expired August 23, 2008; and
WHEREAS, negotiations with CMAGE/CWA Local 4502 resulted in impasse and required utilization of the fact-finding process to resolve the unresolved issues; and
WHEREAS, it is in the mutual best interest of the City 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
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 for the purpose of providing ongoing assistance in the negotiation and implementation of the collective bargaining agreement with FOP/Capital City Lodge #9 and to represent the City in fact-finding proceedings with CMAGE/CWA Local 4502.
SECTION 2. That the provisions of Chapter 329 of the Columbus City Codes are hereby waived.
SECTION 3. That the expenditure of $100,000.00 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 | Division: 46-02 | OBL 3: 3336 | OCA: 461048
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 or vetoes the same.