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HomeMy WebLinkAboutItem 2j - City's defense attorney rate increasec�'Lr A., � y) i TO: Honorable Mayor and City Council MEMORANDUM Office of the City Attorney Date: February 4, 2014 FROM: Stephen P. Deitsch, City Attorney By: Lisa Mussenden, Chief Deputy City Clerk/Records Manager SUBJECT: PROPOSED HOURLY RATE INCREASE FROM THE CITY'S DEFENSE ATTORNEY FIRM CARPENTER ROTHANS & DUMONT Recommendation: Approve SUMMARY The City's defense attorneys, Carpenter Rothans & Dumont, have requested an hourly rate increase from $175 to $195 effective January 15, 2014. They have indicated that they recognize budget constraints facing all municipalities; however, they have indicated that over the past few years, they have experienced a significant increase in their overhead including monthly rent, employee health insurance premiums, workers' compensation premiums, and general liability premiums, among others. The proposed rate increase is reasonable and will remain less than many other similar firms. BACKGROUND The law firm of Carpenter Rothans & Dumont has been the City's defense attorneys for more than 25 years and have generally done excellent tort claims and legal defense work on behalf of the City and its employees. A review of City records indicates that the firm's last rate increase was three (3) years ago. The proposed amendment to the Professional Services Agreement with Carpenter Rothans & Dumont which addresses the rate increase has been reviewed by the City Attorney and has been approved as to form. Carpenter Rothans & Dumont Proposed Rate Increase February 4, 2014 Page 2 of 2 FISCAL IMPACT The fiscal impact at this time is undetermined due to the uncertain nature of the work performed by this firm. These services are only utilized when a case has been filed against the City which requires significant legal defense and this firm is one of several available to be assigned depending on the nature of the case. There are sufficient funds in the budget for this proposed increase for the remainder of the fiscal year. RECOMMENDED ACTION It is recommended that the City Council authorize and direct the City Manager to execute an amendment to the Professional Services Agreement between the City and Carpenter Rothans & Dumont for an hourly rate increase from $175 to $195 effective January 15, 2014. Approved_ Dominic Lazza City Manager