SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving the Amended Engagement Letter with Lyons Gaddis
Department
DEPARTMENT: Town Manager's Office
Presenter
PRESENTER(S): Kendra Carberry, Town Attorney
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Time
TIME ESTIMATE: 0 minutes
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For time estimate: please put 0 for Consent items.
Fiscal
FISCAL SUMMARY: NA
Policy
POLICY ISSUES:
The Town Council is required to approve all legal counsel contracts.
Recommendation
STAFF RECOMMENDATION:
Approve amended letter of engagement with Lyons Gaddis to add additional scope of work for construction contract review.
Body
SUMMARY/KEY POINTS
Lyons Gaddis already provides the Town with legal services related to water law; this amended letter of engagement would also allow staff to use Lyons Gaddis for construction contract review.
BACKGROUND OF SUBJECT MATTER:
Section 1-6-4 of the Erie Municipal Code authorizes the Town Attorney to contract with other properly licensed and qualified attorneys for legal services that may require specialized legal work, such as water law or bond law, and also in cases of conflict. As noted above, Lyons Gaddis serves as the Town’s legal counsel retained to represent the Town’s interests with regard to waters rights matters.
Construction contracts have become a more complicated area of the law. The Town is starting work on several especially large utility and facility construction projects and the Town Attorney wishes to contract for legal counsel with relevant experience to review and assist with contracts in this area. Town staff identified John Chiml, an attorney with Lyons Gaddis, who has significant experience in this area. Town Attorney Carberry interviewed Chiml and confirmed his experience in this area and is confident he could help the Town. Under the terms of this engagement, Chiml will have primary responsibility for supervising the work for the Town’s review and analysis of construction contracts and related matter.
priorities
TOWN COUNCIL PRIORITY(S) ADDRESSED:
☐ Traffic & Road Infrastructure
☐ Growth & Development
☐ Water Cost & Availability
☐ Affordable & Diverse Housing
☐ Increased Commercial Development
☐ Responsible Oil & Gas Development
☐ Preservation of Open Space
☐ Recreation & Community Amenities
☐ Multi-Modal Focus
attachments
ATTACHMENT(S):
1. Resolution
2. Letter of Engagement Amendment