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R-01-07-26-14B2 - 7/26/2001 RESOLUTION NO. R-01-07-26-14132 WHEREAS, the City of Round Rock desires to retain professional consulting services for the implementation of Civil Service for Fire Department personnel, and WHEREAS, Karger Key Barnes, & Springer, L.L. P. has submitted a letter of agreement to provide said services, and WHEREAS, the City Council wishes to enter into said letter of agreement with Karger Key Barnes, & Springer, L.L. P. , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a letter of agreement with Karger Key Barnes, & Springer, L.L. P. for the implementation of Civil Service for Fire Department personnel, a copy of same being attached hereto and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act . RESOLVED this 26th day of July ROB A. STLUKA, JfV, Mayor : City of Round Rock, Texas MSTA., s J ANNE LAND, City Secretary 0:\WPDOCS\RESOLUTI\R10726B2.WPD/SC RECEIVED JUL-2 0 2001 KARGER KEY BARNES 8 SPRINGER, LLP THE REPRES ENTADTION OF MANAGEMENT IN MATTERS INVOLVING LABOR, PERSONNEL AND GOVERNMENTAL DALLAS RELATIONS JAMES C. K A R G E R (karger@Laborcounsel.net) STEPHEN C. KEY (key@Laborcounsel.net) FORT WORTH HERSHELL L. BARNES, JR. (barnes@Laborcounsel.net) D A R R E N H A R R I N G TO N (hamngton@Laborcounsel.net) B E TT Y E S. SPRINGER (springer@Laborcounsel.net) MICHAEL P. H U TC H E N S (hutchens@Laborcounsel.net) LU P H A M (pham@Laborcounsel.net) MARK A. C O H E N (Cohen@Laborco(jnsel.net) JULIE B. ROSS (foss@Laborcounsel.net) OF COUNSEL - IMMIGRATION JULIA M. VASOUEZ (vasquez@Laborcounsel.net) July 25, 2001 Ms. Teresa Bledsoe VIA FAX NO.512.218.5493 Director of Human Resources and Director of Civil Service City of Round Rock 2221 E. Main Street Round Rock, TX 78664 Re: Proposal for Providing Consulting Services Dear Teresa: In response to your e-mail of July 5, 2001, following is a description of the services that Karger Key Barnes & Springer, L.L.P.,proposes to provide to the City of Round Rock in regard to its implementation of Chapter 143 of the Texas Local Government Code. We will provide all legal services and advice you or the City should require in regard to implementing civil service. This would include,but is not limited to,reviewing and making recommendations for revisions to Local Civil Service Rules, reviewing the classification recommendations to be submitted to the Civil Service Commission,training Civil Service Commissioners on their duties and responsibilities and providing advice to you on an as-needed basis as you work toward implementation of civil service. We can continue to work with you and other members of the City's staff after implementation of civil service,advising as to the legal requirements of testing,promotions,disciplinary actions,or any other areas of concern. We are prepared to provide these services on the schedule you have suggested, with all the required items to be in place by no later than October 25, 2001. I plan to do this work myself. I may, however, be assisted by other attorneys in my firm who frequently work under my direction with other Chapter 143 cities. I have attached biographical sketches of those attorneys who may be called upon to assist me in providing services to the City of Round Rock. The City will provide for our review a draft of the Civil Service Rules and Regulations and a copy of the classification system, which will be presented to the Commission. We will provide services to the City on an hourly fee basis. My hourly rate is$200,and the other attorneys who may work on the City's behalf are billed at $180 per hour. We itemize and bill TANDY TOWER TWO,300 WEST THIRD STREET,SUITE 1700,FORT WORTH,TEXAS 76102 TELEPHONE(817)336-7500 FACSIMILE(817)336-7511 r Ms. Teresa Bledsoe July 25, 2001 Page 2 other costs, incurred on the City's behalf,separately. We invoice on a monthly basis,and our billing period is generally from the 21 S`of the month to the 201'of the next month. If there is any change in the scope of the services which the City should ask us to provide,we would discuss and agree on any change in the above rates before beginning the work. Karger Key Barnes & Springer, L.L.P. provides legal services to civil service cities throughout Texas in an efficient and economical manner. We strive to provide that same level of service to your City. This is the complete agreement between the City of Round Rock and the law firm. If this letter accurately describes the terms of our engagement,please sign and return the enclosed copy to me. Sincerely, Bettye S. Springer J On Behalf on Karger Key Barnes & Springer, LLP sprin er(u,laborcounsel.net Writer's Direct Dial (817) 336-7513 ACCEPTANCE BY CITY OF ROUND ROCK: of Round ock hereby agrees to the above terms. R A. Stluka Jr. Mayor, City of Round Rock Date: ,/ - ol�o -o l 4 817-336-7513 817-336-7511 fax springer@laborcounsel.net Bettye S.Springer AREAS OF Ms. Springer is certified as a specialist in labor and employment law by the Texas EXPERIENCE Board of Legal Specialization. Springer practices exclusively in management Management Labor and labor and employment law and represents employers in both the public and Employment Law private sectors. EDUCATION J.D. DePaul College of Ms. Springer's practice has included: Law, 1978,M.P.A. in Public Administration, . Training managers and supervisors on effective employment practices. University of Kansas, 1971 B.A. in Government, . Counseling clients on preventing employee claims and litigation. American University, Washington,D.C. . Investigating employee complaints. MEMBERSHIPS Fort Worth Human Advising clients on all employment related federal and state laws Resource Management (FLSA, FMLA,ADA,Title VII,E.O. 11246...) Association-Vice President, Texas Municipal Human Resources Association, Representing cities in civil service arbitrations. Texas City Attorneys Association,National Negotiating collective bargaining agreements and advising about Public Employer Labor contract interpretation. Relations Association PUBLICATIONS • Litigating complex employment law issues, including constitutional "Sexual Harassment: claims. Practical Guidelines for Ms. Springer represents: Preventing Sexual 0Cities and counties across the State of Texas Harassment in Your • Private sector clients, including: Company," "Avoiding the -manufacturing Nightmare" for the Risk -mining and Benefits Journal, and -health care "Nine Years Later: An -retail service Unwelcome Return to the Fair Labor Standards Act" KARGER KEY BARNES &SPRINGER, LLP 300 West Third, Suite 1700,Fort Worth,Texas 76102 817-336-7505 Julia Maria Vasquez 817-336-7511 fax Ms. Vasquez practices exclusively in management labor and employment law vasquez@laborcounsel.net and represents employers in both the public and private sectors. AREAS OF EXPERIENCE Ms. Vasquez'practice emphasizes all aspects of labor and employment law,and Management Labor and has included: Employment Law . Representing employers in employment discrimination matters, Federal Criminal Law wrongful discharge claims, wage and hour issues, sexual harassment EDUCATION investigations, arbitration proceedings in union and non-union J.D.University of workplaces,and NLRB proceedings. Tennessee, 1989 B.A. Baylor University, . Drafting employment policies, employee manuals, and employee 1986 handbooks for private and public sector employers. Licensed in Texas, Tennessee,and South • Training managers and supervisors on effective employment practices. Carolina MEMBERSHIPS • Drafting, implementing and managing the Family and Medical Leave American Bar Association Program for a major private sector employer in Tarrant County. American Bar Association, Labor and Employment Section Negotiating collective bargaining agreements, including drafting American Bar Association, contract language and advising management regarding contract Litigation Section interpretation and compliance. Tarrant County Bar Association 0Representing management in over thirty labor arbitrations. Tarrant County Bar Association,Labor and & Representing Cities in proceedings before the Civil Service Commission Employment Section, and in Civil Service arbitrations. Special Projects Committee Tarrant County Women's • Litigating complex employment issues. Bar Association Committee Member, • Representing the United States Government in Special and General American Bar Association, Courts-Martial while on active duty in the Air Force. National Labor Relations Board Practice and KARGER KEY BARNES & SPRINGER, LLP Procedures 300 West Third, Suite 1700, Fort Worth,Texas 76102 MARTHA M. ROSE 817-336-7517 817-336-7511 fax rose@laborcounsel.net Areas of Experience: Management Labor and Employment Law Education: University of Texas School of Law, 1988 Texas A&M University,BBA,Accounting, Cum Laude, 1977 Memberships: Lubbock Human Resource Management Association Fort Worth Human Resource Management Association Ms. Rose practices exclusively in management labor and employment law. Rose practiced employment law for several years as In House Counsel for Plains Cotton Cooperative Association. She was then the Director of Human Resources for Covenant Health System in Lubbock, Texas, with employment law as her area of expertise. Covenant has 3 hospitals and 32 clinics, with approximately 6,500 employees. Ms. Rose also served as County Attorney in Lamb County from 1989 to 1993. During that time she handled all felony and misdemeanor litigation on behalf of the County. Ms. Rose's practice includes: Training managers and supervisors on various employment law issues. • Investigating employee complaints; including sexual harassment complaints. Advising and monitoring compliance with federal and state employment laws. (ADA,FMLA,Title VII,FLSA);Auditing Human Resource systems. Representing clients in Unemployment hearings and EEOC hearings and mediations. • Drafting effective employee handbooks and policy and procedures manuals. • Counseling managers and supervisors concerning involuntary terminations and the prevention of related employee claims and litigation. • Courtroom defense of employment-related claims. Ms. Rose represents: Private sector clients, including: health care manufacturing • retail service DATE: July 20, 2001, 2001 SUBJECT: City Council Meeting—July 26, 2001 ITEM: * 14.B.2. Consider a resolution authorizing the Mayor to execute a letter of agreement with Karger Key Barnes & Springer, L.L.P.for the implementation of Civil Service for Fire Department personnel. Resource: Teresa Bledsoe, Human Resources Director History: On May 5, the citizens of Round Rock voted in a Civil Service for the Round Rock Fire Department. While Civil Service is governed by Section 143, there is much work involved in writing rules, guidelines, developing a communications strategy and implementing the changes that will take effect as a result. Most critical is assisting the commission in developing rules, which compile with the law and training commission staff and other relevant individuals. Funding: Cost: $15,000—$20,000 Source of Funds: General Operating Budget Outside Resources: Karger Key Barnes & Springer Impact/Benefit: Ensures legal compliance. Public Comment: N/A Sponsor: N/A