Committee debates liquidated-damages language, reporting and timeline for Wells Law Firm amendment

Committee members discussed draft amendments to the City of Edmonds's contract with the Wells Law Firm after council directed staff to address a backlog of prosecutorial work. The discussion focused on whether to include a liquidated-damages clause, how to calculate a reasonable amount, reporting requirements, and a timeline for council consideration.

City staff attorney Sharon explained liquidated damages are intended as an agreed, reasonable compensation for breaches that are hard to quantify and said the $1,000-per-month figure in the draft is a placeholder. Sharon and outside counsel Angela Tinker (referenced in discussion) proposed alternatives: tie the damages amount to the cost of backlog work (for example, equal to what the city would pay for contractors to complete backlog tasks) and limit liquidated damages as an exclusive remedy for a defined notice period (60 days), after which the city could pursue other remedies such as restitution or equitable relief.

Sharon said the goal is to provide a backstop so the backlog is cleared in a timely fashion while avoiding clauses a court might deem punitive. Committee members also discussed requiring the law firm to hire or assign a dedicated attorney to address the backlog and to report staffing and progress to HR; Council Member Susan asked that the city's Legal Assessment Committee be copied on status reports for awareness. Sharon said staff will craft revised language incorporating those ideas.

Council President Neil recommended scheduling the finalized amendment for full-council consideration on Feb. 4 to allow more drafting time; Sharon said the firm's agreement to the final language is required before placement on the agenda. The committee did not adopt a final liquidated-damages amount in committee; staff will return with revised contract language and an updated recommendation.