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File #: 2023-0306    Version: 1
Type: Motion Status: Approved
File created: 3/21/2023 In control: General Legislative Session
On agenda: 4/5/2023 Final action: 4/5/2023
Title: Motion 23-126, approving third amendment to 2021 Contract for Legal Services
Attachments: 1. Motion 23-126, 2. Staff Report, 3. Third Amended Contract - SIGNED, 4. Motion Assignment Slip

 

 

Executive/Council Action Form (ECAF)

 

 

ITEM TITLE:

Title

Motion 23-126, approving third amendment to 2021 Contract for Legal Services

body

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

$125,000.00

 

 

 

 

REVENUE: FUND, AGY, ORG, REV, SOURCE

CURRENT YR

2ND YR

1ST 6 YRS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

 

 

 

 

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

 

 

 

 

 

 

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).