TO: Committee of the Whole - Finance, Administration, and Communications
FROM: Mayor Angela Birney
DEPARTMENT DIRECTOR CONTACT(S):
|
Executive |
Rebecca Mueller, City Attorney |
425-556-2198 |
DEPARTMENT STAFF:
TITLE:
title
On-Call & Continuing Legal Services Contract with Foster & Garvey
OVERVIEW STATEMENT:
recommendation
RMC 2.36.050 provides that the City Council may employ additional counsel to assist the City Attorney in superior court actions, financing arrangements or other proceedings. The compensation for these services shall be set by the Council at the time of the employment of the additional counsel. However, Council has also adopted resolutions granting the mayor and delegates the power to execute contracts within specified dollar limits. Signing authority is noted in Council Resolutions No. 1608 and 1604. (Originally No. 1503). Consistent with ordinance RMC 2.36.050 and these resolutions, outside legal services generally fall under the city’s professional services contracts up to a monetary threshold.
In alignment with the above, and for reasons including: the land-use and municipal law expertise of Mr. Sterbank, historical representation of the city in other matters, and the strict (often urgent) deadlines of legal proceedings, Foster & Garvey’s current legal representation was approved via sole source justification consistent with the city’s purchasing policies for the Plausible Products matter. Foster & Garvey is an existing City vendor for specialty legal services, and has the experience and expertise needed to effectively represent the City in this litigation matter. The City Attorney’s Office is seeking council approval for Mr. Sterbank’ s representation beyond the scope of the sole source justification process pertaining to any remaining items in the Plausible Products’ matter, as well as expansion of the scope of services for on-call services. This contract will be overseen at an operational level, including administration and budget, through the City Attorney’s Office, at the hourly rates provided in the engagement letter to be accepted by Council.
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☒ Additional Background Information/Description of Proposal Attached
REQUESTED ACTION:
☐ Receive Information ☒ Provide Direction ☐ Approve
REQUEST RATIONALE:
• Relevant Plans/Policies:
N/A
• Required:
RMC 2.36.050 provides that the City Council may employ additional counsel to assist the City Attorney in superior court actions, financing arrangements or other proceedings. The compensation for these services shall be set by the Council at the time of the employment of the additional counsel. However, Council has also adopted resolutions granting the mayor and delegates the power to execute contracts within specified dollar limits. Signing authority is noted in Council Resolutions No. 1608 and 1604. (Originally No. 1503). Generally, items beyond the scope of delegation need council approval.
• Council Request:
N/A
• Other Key Facts:
N/A
OUTCOMES:
The City would continue to have expert legal representation to effectively handle the legal matter and Council approval to pay incoming invoices. Expansion of on-call services minimizes time and resources to locate, consult with, and bring an additional firm onboard for matters that require outside counsel assistance.
COMMUNITY/STAKEHOLDER OUTREACH AND INVOLVEMENT:
• Timeline (previous or planned):
N/A
• Outreach Methods and Results:
N/A
• Feedback Summary:
N/A
BUDGET IMPACT:
Total Cost:
To be managed within the current and projected ’26-’27 legal services & litigation line items within the City Attorney’s Office budget
Approved in current biennial budget: ☒ Yes ☐ No ☐ N/A
Budget Offer Number:
0000290
Budget Priority:
Strategic and Responsive
Other budget impacts or additional costs: ☐ Yes ☒ No ☐ N/A
If yes, explain:
N/A
Funding source(s):
N/A
Budget/Funding Constraints:
N/A
☐ Additional budget details attached
COUNCIL REVIEW:
Previous Contact(s)
|
Date |
Meeting |
Requested Action |
|
N/A |
Item has not been presented to Council |
N/A |
Proposed Upcoming Contact(s)
|
Date |
Meeting |
Requested Action |
|
11/2/2026 |
Special Meeting |
Approve |
Time Constraints:
Ongoing legal items
ANTICIPATED RESULT IF NOT APPROVED:
The City would not have current legal representation to effectively resolve this legal matter. Other ongoing on-call services minimize time and resources to locate, consult with, and bring an additional firm onboard for matters that require outside counsel assistance.
ATTACHMENTS:
Attachment A: Foster & Garvey Engagement Letter
Attachment B: RPC 1.7 F&G Standard Terms of Engagement