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