Executive/Council Action Form (ECAF)
ITEM TITLE:
Title
Motion 22-396, authorizing the Snohomish County Executive to sign a contract amendment with Joyce Ziker Partners, PLLC for legal services for environmental claims in and around the southeast area of the Snohomish County Airport
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DEPARTMENT: Airport
ORIGINATOR: Nickolis Landgraff
EXECUTIVE RECOMMENDATION: Ken Klein (Reviewed/approved 9/16/22)
PURPOSE: Obtain approval of Amendment No. 3 to contract for Legal consulting services regarding environmental issues and advice.
BACKGROUND: .
• Long term tenants of the Snohomish County Airport may have caused or contributed to hazardous waste, substances, pollutants and contaminants on Airport property.
• Specialized legal advice, consultation and representation for potential legal action, remedies and damages is necessitated by such tenancy and environmental issues.
• Snohomish County has entered into a legal professional services agreement with Joyce Ziker Partners, PLLC for consultation and initial advice in December 2019 regarding the Airport in and around the southeast area of the Airport and tangential locations, not to exceed $25,000. Amendment No. 1 revised the names of the attorneys at Joyce Ziker Partners, PLLC providing services. Amendment No. 2 provided additional compensation of $125,000 for a contract amount of $150,000.
• Continuing advice from Joyce Ziker Partners, PLLC is critical to potential legal action, remedies and damages is necessitated by such tenancy and environmental issues.
• Amendment No. 3 provides additional compensation of $30,000 not to exceed a total contract amount of $180,000 without further approval, and includes an attorney hourly rate adjustment, the first since contract inception.
FISCAL IMPLICATIONS:
|
EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU |
CURRENT YR |
2ND YR |
1ST 6 YRS |
|
410.52168010.4101 Professional Services |
$10,000 |
$20,000 |
$30,000 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL |
$10,000 |
$20,000 |
$30,000 |
|
REVENUE: FUND, AGY, ORG, REV, SOURCE |
CURRENT YR |
2ND YR |
1ST 6 YRS |
|
410.321680.0800 Fund Balance |
$10,000 |
$20,000 |
$30,000 |
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|
|
|
|
|
|
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|
|
|
|
|
|
|
|
TOTAL |
$10,000 |
$20,000 |
$30,000 |
DEPARTMENT FISCAL IMPACT NOTES: The airport has sufficient funds in the current year budget and planned accordingly in future years. Please note there is no Amendment No. 1 below.
CONTRACT INFORMATION:
|
ORIGINAL |
X |
CONTRACT# |
Joyce Ziker Partners, PLLC |
AMOUNT |
$25,000 |
|
AMENDMENT #1 |
X |
CONTRACT# |
Joyce Ziker Partners, PLLC |
|
$125,000 |
|
AMENDMENT #2 |
X |
CONTRACT# |
Joyce Ziker Partners, PLLC |
AMOUNT |
$30,000 |
Contract Period
|
ORIGINAL |
START |
12/27/2019 |
END |
NA |
|
AMENDMENT #1 |
START |
7/31/2020 |
END |
NA |
|
AMENDMENT #2 |
START |
8/31/2022 |
END |
NA |
OTHER DEPARTMENTAL REVIEW/COMMENTS: Reviewed/approved by Risk Management (Sheila Barker 9/16/22), Prosecuting Attorney as to form only (Michelle Corsi 9/15/22) and Finance (Nathan Kennedy 9/16/22)