EXECUTIVE/COUNCIL APPROVAL FORM EXECUTIVE

Transcription

1 EXECUTIVE/COUNCIL APPROVAL FORM MANAGEMENT ROUTING: TO~. C UNCIL CHAIRPERSON: Dave Somers /, S OHOMISH COUNTY COUNCIL ~p...b 0 EXEC. DIR. Marcia lsenbera t., DlRECTOIVELECTED Mark Roe EXE~UTIVE RECOMMENDATION: DEPARTMEJ'\T Prosecuting Attorney --.:fl_ Approve No Recommendation DlV. MGR. DIVISION Jason Cummings Civil ORIGINATOR Aaron Perez DATE January ~492 DOCUMENT TYPE: BUDGET ACTION: Emergency Appropriation Supplemental Appropriation Budget Transfer X CONTRACT: New X Amendment DOCUMENT I AGENDA TITLE: Amemdment No.3 to Contract for Legal Services GRANT APPLICATION ORDINANCE Amendment to Ord. PLAN OTHER Metion fur Reappeintment APPROVAL AUTHORITY: EXECUTIVE COUNCIL X HAl\DLI::\G: NORMAL EXPEDITE DEADLINE PURPOSE: JAYNE L. FREEMAN, of the law firm of Keating, Bucklin & McCormack, Inc., P.S I acting as independent counsel for and representing Mark Ericks in the matter of Heather Oie v. Snohomish County, eta!., King County Superior Court Cause No.lS SEA. BACKGROUND: On March 9, 2015 a lawsuit was filed in King County Superior Court naming defendants Snohomish County and Snohomish County Employee Mark Ericks. The lawsuit alleges discrimination, retaliation, violation of the Equal Pay Act and local government Whistleblower Act and intential and negligent infliction of emotional distress. The Snohomish County Prosecuting Attorney's office has determined there may be an actual or perceived conflict of interest in representing County employee Mark Ericks. As a result, it has become necessary to hire counsel to provide representation of Mark Ericks.

2 FISCAL IMPLICATIONS: EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU CURRENTYR 2NDYR 1ST 6 YRS I TOTAL REVENUE: FUND AGY ORG REV SOURCE CURRENTYR 2NDYR 1ST 6 YRS I TOTAL DLP;\RT\lEI\:T FISCAL IMPACT NOTES: Contract funding was included in the 2015 budget and will be a part of future budget expenditures. BUDGET REVIEW: Analyst Administrator Recommend Approval CONTRACT INFORMA TIONI ORIGINAL _1 2 3_ CONTRACT CONTRACT $15,000 $30,000 $50,000 $100,000 CONTRACT PERIOD: ORIGINAL Start Start 3/17/15 ACT PROJECT TITLE Amendment 3 to Contract for Legal Services End End ( 0:\ RACTOR NA\H: & ADDRESS (City/State only): Jayne L. Freeman PPROVFD: RISK MANAGEMENT Yes No N~ \ COMMENTS PROSECUTING ATTY- AS TO FORM: Yes v/ No OTHER DEPARTMENTAL REVIEW I COMMENTS: NON-ELECTRONIC ATTACHMENTS: Amendment No. 3 to Contract for Legal Services(Jayne L Freeman) Motion to Approve Amendment No. 3 to Contract for Legal Services(Jayne L Freeman) 2

3 SNOHOMISH COUNTY COUNCIL Snohomish County, Washington MOTION NO APPROVING NO. 3 TO CONTRACT FOR LEGAL SERVICES WHEREAS, on March 9, 2015, a lawsuit was filed in King County Superior Court naming defendants Snohomish County and Snohomish County Employee Mark Ericks; and WHEREAS, the Snohomish County Prosecuting Attorney's office has determined there may be an actual or perceived conflict of interest in representing County employee Mark Ericks and as a result, it has become necessary to hire counsel to provide representation of Mark Ericks; and WHEREAS, the County, through the Snohomish County Prosecuting Attorney, entered into a contract with JAYNE L. FREEMAN, of the law firm of Keating, Bucklin & McCormack, Inc., P.S, to provide representation of a county employee in a lawsuit filed in King County Superior Court Case No SEA; and WHEREAS, the initial contract with JAYNE L. FREEMAN, of the law firm of Keating, Bucklin & McCormack, Inc., P.S allowed for services not to exceed $15, 000; and WHEREAS, on June 15, 2015, the contract was amended to allow services not to exceed $30, 000; and WHEREAS, the contract was subsequently amended on September 24, 2015 to allow for services not to exceed $50,000; and WHEREAS, the Snohomish County Prosecutor and the County Council anticipate the legal fees related to this lawsuit will continue through trial scheduled for April 11, 2016; NOW, THEREFORE, ON MOTION, the Snohomish County Council authorizes the County Executive to sign the attached Amendment No. 3 to the Contract for Legal Services (Tort Litigation) with JAYNE L. FREEMAN, of the law firm of Keating, Bucklin & McCormack, Inc., P.S, in an amount not to exceed $100,000. PASSED this day of January, SNOHOMISH COUNTY COUNCIL Snohomish County, Washington ATTEST: Council Chair Asst. Clerk of the Council

4 No.3 TO SEPTEMBER 24, 2015 CONTRACT FOR LEGAL SERVICES (TORT LITIGATIO:N> WHEREAS, Snohomish County, through the office of the Prosecuting Attorney (hereinafter referred to as "County''), and Jayne L. Freeman of the law fum of Keating, Bucklin & McCormack, Inc., P.S., (hereinafter referred to as "Attorney"), originally entered into a Contract for Legal Services on March 17, 2015, a first amended contract on June 15, 2015, and a second amended contract on September 24, 2015 for the representation of Mark Bricks in the matter of Heather Oie v. Snohomish County, eta/.; and NOW, THEREFORE, the parties agree as follows: A. Section ill of the Contract for Legal Services (Tort Litigation), executed on March 17, 2015, shall be amended to read: ill. FEES AND EXPENSES The County shall pay Attorney for services provided relating to the above described services at Attorney's standard billing rate for such services, provided such rate does not exceed $ per hour, plus reasonable expenses. The Attorney may delegate services to other counsel in the firm or legal assistants employed by Attorney to assist her in providing legal services under this agreement in a cost effective manner, provided that other counsel and legal assistants shall work at the specific direction and subject to the approval of Attorney. The aggregate fee for Attorney's services shall not exceed $100, without the prior written consent of Snohomish County. The term "reasonable expenses'' shall include filing fees, witness fees, travel expenses, copying, long distance telephone calls, prepaxation of transcripts, expenses of depositions, and other incidental expenses at cost to the Attorney, but does not include ordinary overhead such as office, secretary, or paralegal expenses, stationary costs, and other expenses not directly incident to a specific request for services. B. All other terms and conditions of the Contract For Legal Services, executed on March 17, 2015, shall remain in effect as written aud executed. C. This Agreement shall govern services rendered after the date of the execution of this Agreement and shall also apply to eligible services/work (and approved costs) performed before the date of execution of this Agreement. Ill Ill No.3 to CONTRACT FOR LEGAL SERV1CES- 1 JAYNE L. FREEMAN {CIS-020]

5 d this day of January 2016 SNOHOMISH COUNTY MARKK.ROE '=jj!i}l<o Approved as to Form: fyyi,,i;_~~ ~(}'t~ag Deputy Prosecuting Attorney f.bt&. No.3 to CONTRACT FOR LEGAL SERVICES 2 JAYNE L. FREEMAN [ClS-020]