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Resolution No. 5741
September 27, 2023
Page 1 of 3
RESOLUTION NO. 5741
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF AUBURN AND FOSTER GARVEY
PC FOR LEGAL SERVICES TO THE CITY
WHEREAS, the City of Auburn is currently in need of legal services while it seeks
to hire a new City Attorney; and
WHEREAS, the City contracted with the law firm of Foster Garvey PC on July 18,
2023 to provide these services; and
WHEREAS, Foster Garvey has capably provided legal advice to the City since the
contract was executed; and
WHEREAS, the contract includes a one-hundred thousand dollar limit for legal
services and the fees and costs for services already rendered have approached that
amount; and
WHEREAS, the City desires to increase the maximum contract amount to enable
continuation of legal services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an amendment to the contract
between the City and Foster Garvey PC increasing the maximum expenditure for legal
services an additional three-hundred thousand dollars, which amendment will be in
substantial conformity with the amendment attached hereto.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this 2nd
day of October, 2023.
CITY OF AUBURN
ANCY B S, MAYO
ATTEST:
Avtjficia
FOY: Sha n Campbell,
City Clerk
APP' 2 Y i
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Harry Boesche,
Acting City Attorney
Resolution No. 5741
September 27,2023
Page 2 of 3
Resolution No. 5741
September 27, 2023
Page 3 of 3
AMENDMENT No. 1
to the CITY OF AUBURN AGREEMENT FOR LEGAL SERVICES
with FOSTER GARVEY PC
This 1st amendment is to an Agreement for legal services between the City of Auburn
and Foster Garvey PC executed on July 18, 2023.
RECITALS
WHEREAS, Foster Garvey’s July 7, 2023 engagement letter limited the amount of fees
and costs billed for legal services to one-hundred thousand dollars; and.
WHEREAS, Foster Garvey PC recently give the City notice, as required by its
engagement letter, that it had incurred nearly eighty-five thousand dollars in fees and
costs; and.
WHEREAS, the City seeks to continue to engage Foster Garvey PC for legal services
beyond the maximum amount stated in the firm’s engagement letter.
AMENDMENT
Now Therefore, for good and valuable consideration, the undersigned parties agree to
amend the third paragraph of the engagement of services letter in the following manner:
No retainer is required. We will bill the City only for the actual fees and costs
incurred in the performance of legal services requested by the City. Fees and
costs billed under this engagement will not exceed $100,000 $400,000, and we
will notify the City when fees and costs incurred have reached eighty-five percent
85%) of that amount. A copy of our Terms for Engagement of Services is
attached. We understand that such services will be directed through the Offices
of the Mayor or by Dana Hinman, Director of Administration.”.
All other provisions of the July 7, 2023 Engagement for Services Letter and the Terms
of Engagement shall remain in full force and effect.
CITY OF AUBURN FOSTER GARVEY
Accepted and confirmed Accepted and confirmed
this ____day of October, 2023 this _____day of October, 2023
Nancy Backus Stephen DiJulio
City of Auburn Mayor Of Counsel
DocuSign Envelope ID: D50A0EC7-616A-4DF9-A0FE-F7BE14FF4B49
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