For City Council Meeting [November 27, 2018]
TO: Honorable Mayor and City Council
APPROVAL: Ahmad R. Ansari, Interim City Administrator
FROM: Fred Galante, City Attorney
Title
Request that the City Council Approve the First Amendment to the Agreement for City Attorney Services Increasing Hourly Billing Rates.
(ACTION)
Body
BACKGROUND:
On January 28, 2014, the City Attorney's office, Aleshire & Wynder, LLP ("Firm") and the City entered into the "Agreement for Legal Services" ("Agreement") included as Attachment 1. The Firm has not requested any increase to its hourly rates since its approval almost 5 years ago. Since that time, the cost of living (CPI) has risen by approximately 12.3%, as demonstrated by the index shown on Attachment 2, measuring October 2013 through and including October 2018 increases.
At its September 26, 2018 adjourned closed session, the City Council performed an evaluation of the Firm's performance and provided its feedback, at which time, the City Council approved having an amendment to the Agreement return to open session for approval.
ANALYSIS/DISCUSSION:
If a straight CPI increase were calculated to keep up with CPI increases, the 12.3% amount would equate to $20.65/hour increase for services charged at the $175 rate and $21.83/hour for the $185 rate. For the calendar year commencing 2020, another approximately $5-6/hour would apply under a likely CPI increase. The proposed rate increases described below would be less than the amount needed to keep up with CPI. Instead, the increase would be phased-in for an average increase to each of the rates charged to the City and described below of approximately $15/hour, commencing January 1, 2019 and then approximately $10/hour on January, 2020. The City Attorney would agree not to seek an increase for at least another 3 years.
The only rates that would be increased by a higher percentage would be those that are reimbursed by third parties and paralegal and law clerk rates, w...
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