HomeMy WebLinkAbout5760 RESOLUTION NO. 5760
A,RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE THE SECOND 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 ("Foster
Garvey") on July 18, 2023 to provide these services ("the Legal Services Contract"); and
WHEREAS, Foster Garvey has capably provided legal advice to the City since the
contract was executed; and
WHEREAS, the Legal Services Contract included a not-to-exceed amount of one
hundred thousand dollars for legal services and the fees and costs for such services; and
WHEREAS, on October 2, 202 the Council authorized the Mayor to execute an
amendment to the Legal Services Contract for an additional three hundred thousand
dollars; and
WHEREAS, the due to ongoing litigation and other pending matters, pursuant to
terms of the engagement letter Foster Garvey recently provided the City notice that fees
and costs incurred had reached eighty-five percent(85%) of the Legal Services Contract's
not-to-exceed amount; and
WHEREAS, the City's need for legal services continues while the search for a new
city attorney remains ongoing; and
Resolution No.5670
March 18,2024
Page 1 of 4 Rev.2020
FG: 102472015.2
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 under the Legal Services Contract by an additional five hundred thousand dollars
($500,000.00), 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 18th day of March, 2024.
CITY OF AUBURN
NCY BA US
NA , MAYO
ATTEST: APPOVED A '1
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Shawn Campbell, MMC, City Clerk Harry : ((ting City Attorney
Resolution No.5670
March 18,2024
Page 2 of 4 Rev.2020
FG: 102472015.2
AMENDMENT No. 2
to the CITY OF AUBURN AGREEMENT FOR LEGAL SERVICES
with FOSTER GARVEY PC
This 2nd amendment is to an Agreement for legal services between the City of Auburn
and Foster Garvey PC ("Foster Garvey") executed on July 18, 2023.
RECITALS
WHEREAS, Foster Garvey's engagement letter dated July 7, 2023 and accepted by
Mayor Nancy Backus on July 18, 2023 ("Engagement Letter") limited the amount of fees
and costs billed for legal services to one hundred thousand dollars; and
WHEREAS, on October 2, 2023 the City Council approved an extension of the
maximum contracted amount for fees and costs billed for legal services by an additional
three hundred thousand dollars.
WHEREAS, pursuant to terms of the Engagement Letter, Foster Garvey provided the
City notice that fees and costs incurred had reached eighty-five percent (85%) of the
engagement letter's not-to-exceed amount; and
WHEREAS, the City desires to continue to engage Foster Garvey for legal services,
beyond the maximum amount stated in 1st Amendment for Legal Services with Foster
Garvey PC.
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 $900,000,
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.".
Resolution No. 5670
March 18,2024
Page 3 of 4 Rev.2020
FG: 102472015.2
All other provisions of the July 7, 2023 Engagement Letter and the Terms of
Engagement shall remain in full force and effect.
CITY OF AUBURN FOSTER GARVEY
Accepted and confirmed Accepte and confirmed
this \9P"day of March, 2024 this day of March, 2024
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Nancy Ba,JULBob Sterbank
City of Aublmlie ayor Of Counsel
Resolution No. 5670
March 18,2024
Page 4 of 4 Rev.2020
FG: 102472015.2