Executive/Council Action Form (ECAF)
ITEM TITLE:
Title
Motion 23-126, approving third amendment to 2021 Contract for Legal Services
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DEPARTMENT: PROSECUTING ATTORNEY
ORIGINATOR: ELLEN HAGEY
EXECUTIVE RECOMMENDATION: Ken Klein 3/22/23
PURPOSE: To obtain Council approval of a 3rd amendment to a Contract for Legal Services with Theron A. “Ted” Buck of Frey Buck, P.S., regarding the Dold matter (C20-027).
BACKGROUND: The Prosecuting Attorney’s Office (PAO) entered into a contract with Frey Buck P.S. on February 12, 2021, to provide legal services for up to $50,000, related to the Dold matter. Subsequently, the Council approved the first amendment on February 11, 2022, that authorized legal services provided by Frey Buck for up to $100,000. The Council approved a second amendment on August 25, 2022, that authorized legal services provided by Frey Buck P.S. for up to $300,000. The litigation of and resolution to the Dold matter are taking longer than initially anticipated. Accordingly, the third amendment with Frey Buck P.S. authorizes legal services for up to $425,000.
FISCAL IMPLICATIONS:
EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU |
CURRENT YR |
2ND YR |
1ST 6 YRS |
506-5124714609 Insurance Defense Fund |
$125,000.00 |
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TOTAL |
$125,000.00 |
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REVENUE: FUND, AGY, ORG, REV, SOURCE |
CURRENT YR |
2ND YR |
1ST 6 YRS |
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TOTAL |
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DEPARTMENT FISCAL IMPACT NOTES: There are no fiscal impacts to the PAO’s 2023 authorized budget, as these litigation expenses are drawn from the County’s Insurance Defense Fund.
CONTRACT INFORMATION:
ORIGINAL |
x |
CONTRACT# |
Original |
AMOUNT |
$50,000.00 |
AMENDMENT |
x |
CONTRACT# |
1st Amended Contract |
AMOUNT |
$100,000.00 |
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AMENDMENT |
x |
CONTRACT# |
2nd Amended Contract |
AMOUNT |
$300,000.00 |
AMENDMENT |
x |
CONTRACT# |
3rd Amended Contract |
AMOUNT |
$425,000.00 |
Contract Period
ORIGINAL |
START |
February 12, 2021 |
END |
Until litigation concludes |
AMENDMENT |
START |
February 11, 2022 |
END |
Until litigation concludes |
AMENDMENT |
START |
August 25, 2022 |
END |
Until litigation concludes |
AMENDMENT |
START |
When Council approves |
END |
Until litigation concludes |
OTHER DEPARTMENTAL REVIEW/COMMENTS: Review/approved by: Risk Management (Sheila Barker (3/21/23) and Finance (Nathan Kennedy 3/22/23).