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File #: 2022-1191    Version: 1
Type: Motion Status: Approved
File created: 11/14/2022 In control: General Legislative Session
On agenda: 12/14/2022 Final action: 12/14/2022
Title: Motion 22-488, approving 3rd Amendment to 2020 Contract for Legal Services
Attachments: 1. Motion 22-488, 2. Staff Report, 3. 3rd Amendment - SIGNED, 4. Contract, 5. 1st Amendment, 6. 2nd Amendment, 7. Motion Assignment Slip

 

 

Executive/Council Action Form (ECAF)

 

 

ITEM TITLE:

Title

Motion 22-488, approving 3rd Amendment to 2020 Contract for Legal Services

body

DEPARTMENT:  Prosecuting Attorney

 

ORIGINATOR:  Ellen Hagey

 

EXECUTIVE RECOMMENDATION:  Approved by Ken Klein 11/15/22

 

PURPOSE: For the County Council to pass a motion authorizing the Executive to approve a 3rd amendment to a contract for legal services with Simmons Sweeney Freimund Smith Tardiff PLLC (formerly known as Freimund Tardiff), regarding the Aradon matter.

 

BACKGROUND: The Prosecuting Attorney entered into a contract with Allison Croft of Freimund Tardiff PLLC on 8/25/2020, for legal services related to a lawsuit, Aradon, et al v Snohomish County (C20-064).  Aggregate fees for attorney services were not to exceed $50,000. On 3/18/2021, the Council approved the 1st amendment to the contract which permitted the retention of Chia-Yu Chiang as co-counsel with Freimund Tardiff PLLC.  On 2/23/2022, the Council approved the 2nd amendment to the contract which allowed aggregate fees for attorney services to not exceed $100,000.  As litigation is ongoing and expected to continue for the foreseeable future, this 3rd amendment to the contract allows aggregate fees for attorney services to not exceed $250,000.  It also acknowledges the law firm’s new name - the result of a merger earlier this year --  as Simmons Sweeney Freimund Smith Tardiff PLLC.

 

FISCAL IMPLICATIONS:

EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU

CURRENT YR

2ND YR

1ST 6 YRS

506-5124714609 (insurance defense fund)

$50,000

$100,000

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

$50,000

$100,000

 

 

 

REVENUE: FUND, AGY, ORG, REV, SOURCE

CURRENT YR

2ND YR

1ST 6 YRS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

 

 

 

 

DEPARTMENT FISCAL IMPACT NOTES:  Click or tap here to enter text.

 

CONTRACT INFORMATION:

ORIGINAL

X

CONTRACT#

 

AMOUNT

Up to $50,000

AMENDMENT-1

X

CONTRACT#

 

AMOUNT

No change

AMENDMENT-2

X

CONTRACT#

 

AMOUNT

Up to $100,000

AMENDMENT-3

X

CONTRACT#

 

AMOUNT

Up to $250,000

 

Contract Period

ORIGINAL

START

8/25/2020

END

On-going

AMENDMENT-1

START

3/18/2021

END

On-going

AMENDMENT-2

START

2/23/2022

END

On-going

AMENDMENT-3

START

TBD

 

TBD

 

OTHER DEPARTMENTAL REVIEW/COMMENTS:  Reviewed/approved by Risk - Shelia Barker 11/15/22 and Finance - Nathan Kennedy 11/15/22