Town of Erie
File #: 23-516    Version: 1 Name:
Type: Consent Agenda Status: Agenda Ready
File created: 10/10/2023 In control: Town Council
On agenda: 11/14/2023 Final action:
Title: A Resolution of the Board of Trustees of the Town of Erie Approving the Third Amendment to Professional Services Agreement with Hoffmann, Parker, Wilson & Carberry, P.C. to Increase the Hourly Compensation Rate
Attachments: 1. Resolution 23-120, 2. Third Amendment to Professional Services Agreement

SUBJECT: 

Title

A Resolution of the Board of Trustees of the Town of Erie Approving the Third Amendment to Professional Services Agreement with Hoffmann, Parker, Wilson & Carberry, P.C. to Increase the Hourly Compensation Rate

Body

 

DEPARTMENT:                        Legal

Department

 

PRESENTER(S):                       Kendra Carberry, Town Attorney

First Name, Last Name, Title

 

 

FISCAL SUMMARY:

Cost as Recommended:                                           $ 30 per hour increase

Balance Available:                                                                 $ 340,000

Budget Line Item Number:                       100-20-210-560000-000000

New Appropriation Required:                       No

 

POLICY ISSUES:

Approving this amendment would be consistent with the Town’s policy for employee compensation where we annually adjust the compensation for each position to reflect market conditions.

 

STAFF RECOMMENDATION:

Recommendation

Adopt Resolution Approving the Third Amendment.

End

 

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

The Board of Trustees approved the original Professional Services Agreement with the Town Attorney's firm (Hoffmann, Parker, Wilson & Carberry, P.C.), in 2018. At that time, the hourly rate for general legal services was $195/hour, and it remained at that rate through 2021. In 2019, the Board approved an amendment to the Professional Services Agreement to add litigation services at $275/hour. The Board amended the Agreement a second time in 2021, so that, effective Jan. 1, 2022, the hourly rate for general legal services increased from $195/hour to $215/hour. If approved, this Third Amendment would increase the hourly rate from $215/hour to $245/hour for general legal services and from $275/hour to $300/hour for litigation services.

 

The increased rate is consistent with other area municipalities with contracted municipal attorneys (as opposed to in-house, salaried attorneys) and reflects cost increases necessary to retain skilled legal counsel and their staff. The comparable rates are as follows, with some effective already and others effective on Jan. 1, 2024:

 

                     Superior: $245/hour

                     Louisville: $248/hour

                     Lafayette: $250/hour

                     Dacono: $248/hour

                     Firestone: $248/hour

                     Bennett: $248/hour

 

BOARD PRIORITY(S) ADDRESSED:

ü                     Safe and Healthy Community

ü                     Effective Governance

ü                     Fiscally Responsible

 

ATTACHMENT(S):                      

1.                     Resolution 23-120

2.                     Third Amendment to Professional Services Agreement