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