Executive/Council Action Form (ECAF)
 
 
ITEM TITLE:
Title
Motion 22-488, approving 3rd Amendment to 2020 Contract for Legal Services 
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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  | 
    | 
| 
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| 
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| 
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| 
 TOTAL  | 
 $50,000  | 
 $100,000  | 
    | 
 
 
| 
 REVENUE: FUND, AGY, ORG, REV, SOURCE  | 
 CURRENT YR  | 
 2ND YR  | 
 1ST 6 YRS  | 
| 
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    | 
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| 
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 TOTAL  | 
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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