HomeMy WebLinkAboutReg 2007-11-19 Item 7D - Agreement - 2008 Legal Services with Kenyon DisendCAS NUMBER: 07-136
AGENDA ITEM TITLE 2008 Contract with Kenyon Disend, LLC for legal services
C. \1EGORY
SUMMARY
MTG. DATE
11/19/07
COUNCIL AGENDA SYNOPSIS
Lutials
Meetittg Date Prepared by 1 Ma yor's review I Council review
11/19/07 RB ti 1 6..f,7, I
ITEM INFORMATION
i 3i0 I ORIGINAL AGENDA DATE: 11/19/07
Discursiorr Motion l 1 Resolution Ordinance Bid Award 1 1 Public Hearing Other
Mt; Date
Council Ma Adm Svcs DCD n Finance Fire Legal 1 1 Pe:R Police n PIS
itg Date 11/19/07 hltg Date 11/19/07 Mtg Date Altg Date
Mtg Date Mtg Date
Authorize the Mayor to sign a contract with Kenyon Disend, LLC, for 2008 legal services in
the amount of $36,785.00 per month (plus expenses)
The only change from last year is the date from 2007 to 2008 and a 4% increase in the flat
fee and an increase in hourly rates.
RE\'IIi ED BY l f COW Mtg. n CA &P Cmte F &S Cmte 1 1 Transportation Cmte
Utilities Cmte n Arts Comm. 1 l Parks Comm. Planning Comm.
DA 1h: 11/5/07
RECOMMENDATIONS:
SPONSOR /ADMIN Approval of Contract
COMMITTEE Unanimous Approval; Forward to Regular Meeting
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$36,785.00 /month plus expense $422,473
Fund Source: 000.06.515.200
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 11/1/07
Proposed contract with strikethrough changes
Chart delineating fund utilization
Minutes from the Finance and Safety Committee meeting of 11/5/07
ITEM No. 7.D.
APPROPRIATION REQUIRED
City of Tukwila
I T 6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M Mullet, Mayor
908
To: Finance and Safety Committee
/so
attachments
Date: November 1, 2007
From: Mayor's Office:: P.,
RE: 2008 Contract with Kenyon Disend, PLLC
Phone: 206 433 1800 City Hail Fax: 206 433 1833 www.ci.tukwila.wa.us
Please see attached the proposed 2008Contract with Kenyon Disend. PLLC
The only change from last year is the date, which has been changed from 2007 to 2008
(page 1, Section 4, Duration of Agreement), a 4% increase in the flat fee, and an increase
in hourly rates.
It is recommended that this contract be forwarded to the November 19 Regular Meeting
for approval.
This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a
noncharter optional municipal code city hereinafter referred to as "the City," and KENYON
DISEND, PLLC, hereinafter referred to as "the Contractor," whose principal office is located in
Issaquah, Washington.
and
CONTRACT FOR LEGAL SERVICES
Contract No.
WHEREAS, the City has a need to have certain legal services performed for its citizens;
WHEREAS, the City desires to have the Contractor perform such services pursuant to
certain terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
1. Scope and Schedule of Services to he Performed by Contractor The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In performing such services, the Contractor shall at all times comply
with all federal, state, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith. Such local rules and
ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance
No. 2068. The Contractor shall request and obtain prior written approval from the City if the scope
or schedule is to be modified in any way.
2. Compensation and Method of Payment The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated
herein by this reference.
3. Contractor Rlld a -.t The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement.
4. Duration of Agreement This Agreement shall be in full force and effect for a period
commencing January 1, 2 and ending December 31, 2 unless sooner terminated
pursuant to paragraph 8 of this Agreement.
5. Independent Contractor Contractor and City agree that Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits
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accorded City employees by virtue of the services provided under this Agreement. The City shall
not be responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
6. Tndemnification The Contractor shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, including
attorney's fees, arising from injury or death to persons or damage to property occasioned by any act,
omission or failure of the Contractor, its officers, agents and employees, in performing the work
required by this Agreement. With respect to the performance of this Agreement and as to claims
against the City, its officers, agents and employees, the Contractor expressly waives its immunity
under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in
this paragraph extends to any claim brought by or on behalf of any employee of the Contractor.
This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage
resulting from the sole negligence of the City, its agents and employees. To the extent any of the
damages referenced by this paragraph were caused by or resulted from the concurrent negligence of
the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and
employees.
7. Tnsurance The Contractor shall procure and maintain in full force throughout the
duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000
per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a
manner and form acceptable to the City in the City's sole discretion. Cancellation of the required
insurance shall automatically result in termination of this Agreement.
8. Termination This Agreement may at any time be terminated by the City giving to the
Contractor thirty (30) days written notice of the City's intention to terminate the same.
9. Discrimination Prohibited The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be provided
under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital
status or presence of any sensory, mental or physical handicap.
10. Assignment and Subcontract The Contractor shall not assign or subcontract any
portion of the services contemplated by this Agreement without the written consent of the City.
11. Entire A greement This Agreement contains the entire agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement,
shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the
agreement. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement and with the consent of the City Council.
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12. Notices Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
13. Applicable Law: venue: Attorney's Feec. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit.
DATED this day of 20062007
CITY OF TUKWILA CONTRACTOR:
KENYON DISEND, PLLC
Mayor Steve Mullet
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
By:
Title:
ADDRESS: 11 Front Street South
Issaquah, Washington 98027
(425) 392 -7090
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F.XHTRTT A sr-Dm OF SF,R VICES
Contractor agrees to provide a level of service equal to or greater than the level of service
provided by an in -house city attorney office consisting of one city attorney and one assistant city
attorney /prosecutor.
In particular, Contractor agrees to:
1. Provide general city attorney services, which include but are not limited to:
A. Attend regular meetings of the City Council;
B. Attend Executive Sessions and special meetings of the City Council,
Committee of the Whole, Committee meetings, and meetings of City Boards
and Commissions, upon request;
C. Prepare or review ordinances, resolutions, contracts, interlocal agreements,
and other city documents or materials;
D. Practice "preventative law" in the form of regular consultation with staff and
elected officials, and maintenance of between 20 and 25 "office hours" each
week at City Hall, exclusive of prosecutor time;
E. Provide special classes and/or seminars for staff, elected officials, Boards,
and Commissions on issues including, but not limited to, ethics, conflict of
interest, and the appearance of fairness doctrine.
F. Except as set forth in Section 3, defend litigation brought against the City;
G. Defend or initiate administrative hearings involving the City including, but
not limited to, drug forfeiture and seizure hearings, code enforcement, and
similar matters;
H. Such other general city attorney matters as are assigned;
I. Provision of pagers and cellular telephones to all attorneys employed by
Contractor, and a list of such pager and telephone numbers to the City; and
J. Comprehensive Internet and remote access capability, including e -mail,
linking Contractor's office with City Hall.
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2. Provide city prosecution services, which include but are not limited to:
K. Review, determine filing decision, and file all Tukwila Police Department
reports involving misdemeanor and gross misdemeanor crimes, and
represent the City on all contested traffic hearings;
L. Regularly consult with and train police department personnel on selected
legal issues, and attend police department administrative staff meetings as
requested;
M. File and defend appeals of municipal court decisions; and
N. Such other city prosecution matters as are assigned.
3. Provide City Attorney services for litigation and contested administrative
proceedings, which include but are not limited to:
O. Initiation and defense of litigation and contested administrative proceedings
on the City's behalf. Contractor shall be compensated for such litigation and
contested administrative proceedings as Separate Matters under paragraph 2
of Exhibit B.
4. Provide Special Services, which include but are not limited to:
P. Other specialized municipal law services; provided, however, that any such
Special Services shall first be authorized by the Mayor, and shall be subject
to paragraph 3 of Exhibit B regarding compensation.
S. Provide paralegal services, which include but are not limited to:
Q.
General paralegal support for the City Attorney and for the prosecuting
attorney equivalent to one FTE.
6. It is understood and agreed that the City Attorney shall not provide private legal
services to any employee of the City of Tukwila during the term of this agreement.
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FNNTRTT B CY)MPFNSATTON ANT) MRTHOT) C)F PAYMF,NT
1. For all general city attorney and city prosecutor services set forth in paragraphs 1 and 2
of Exhibit A, Contractor shall be paid a flat monthly fee of $35,37036,7X5, plus extraordinary
expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery
costs, parking, mileage costs other than to and from City Hall or other locations within the City, and
other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not
include routine photocopying, fax, or long distance telephone charges.
2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit
A shall be considered to be Separate Matters. Contractor shall maintain its current practice of
providing individual monthly billing statements for each Separate Matter. Separate Matters mean
(a) each individual civil action filed by or against the City, except that multiple condemnation
lawsuits related to the same project shall constitute only one Separate Matter, (b) all Code
Enforcement matters collectively conducted before the Hearing Examiner or in Court, but not
including general code enforcement services which shall be included in Contractor's flat monthly
fee, (c) all criminal appeals collectively filed by or against the City, and (d) all drug or other
forfeiture matters collectively filed by or against the City. Contractor shall include within the
monthly flat fee, and shall not otherwise bill the City for, the first $5,000 expended on any Separate
Matter as computed at Contractor's normal hourly rates for 2007 700R Thereafter, and for each
such Separate Matter, Contractor shall be paid its nouual hourly rates for 20072008 which range
between $130140 and $225235 for attorneys and between $75$0 and $9095 for paralegals, together
with reimbursement for extraordinary expenses. Legal interns shall be billed at an hourly rate not to
exceed $9095.
3. Special Services, if any, shall first be approved by the Mayor and City Council after
negotiation regarding (1) whether additional compensation is fair and equitable for such Special
Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such
Special Services.
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ATTORNEYS:
Partners and Senior Attorneys
Michael R. Kenyon
Bruce L. Disend
Shelley M. Kerslake
Chris D. Bacha
Sandra S. Meadowcroft
Marg fret J King
Karl Sand
Associate Attorneys.
J uTh c p 1 i B. LG Vaft $170
K ali all $170.00
HC1d1 B1usiu $155.00
Kern A. J1J1ge115C1i $1 55.
Tuu c ui
l rui l c15500
I tci BCCkwit $150.00
al.Gy 1V14ULli..
R CUCC YY 413
Muiu�a B ui.,k
K Il alu y
Peter Beckwith
Renee Wall
Kathy Hardy
PARALEGALS:
KENYON DISEND, PLLC
HOURLY RATE SCHEDULE FOR YEAR 211072008
$225 ?1 5.00
$225215.00
$-i- 95205.00
95205.00
90204.00
200 00
190 00
150.00
$140.00
$130.00
Margaret C. Starkey $9095.00
Sheryl A. Loewen $$885.00
Pam M. Odegard $7580.00
Shelly Crossland $3
Nikki M Ciatei $75.00
Mary Eichelberger $75R0.00
Terry Cox $58.0.00
$130.00Amy Jo Pearsall $165 00
!160 00
$150 00
140 00
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Kim Obermayer
Kathy Swoyer
LEGAL INTERNS:
$750.00
$7580.00
$9095.00
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LITIGATION STATUS
2008 LEGAL SERVICES
KENYON DISEND
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Finance Safety Committee Minutes November 5. 2007 Pace 2
BUDGET
PAGES
Revenues 1 -25
Police 83 98
Fire 99 -116
Attachment A
Attachment B
Attachment C
CIP
PAGES
VII IX
X
XI -XIV
C. Seismic Hazard Screening Report
Staff reviewed preliminary seismic screening results for a total of 11 City facilities as conducted
by Reid Middleton. This initial screening process only accessed the rough structural details of
each facility and does not include detailed structural analysis, seismic retrofit designs or relative
cost estimates.
This initial screening allowed each building to be assessed a structural score to predict the
probability of that building collapsing for a Maximum Considered Earthquake. The score is
applied as an exponent to the number 10 (i.e.: a building with a score of 2 would have a 1 in 100
chance of collapse, a score of 3 would have a 1 in 1,000 chance of collapse, etc.). This initial
screening process does not account for a building's use or importance.
These evaluation results have triggered a staff recommendation to move forward with conducting
the next step of in -depth seismic evaluation for all buildings that have a structural score of 2.5 or
Less. Additionally, due to the critical use associated with City Hall and Fire Station 53, staff
recommends the in -depth assessment of these buildings regardless their structural scores (both
are rated higher than 2.5). DISCUSSION/INFORMATIONAL ONLY.
D. Seismic Hazard Analysis Consultant Agreement Supplemental Agreement No. 3
Based on the information presented in the prior agenda item, staff is requesting full Council
approval to enter into Supplemental Agreement No. 3 with Reid Middleton for Seismic Hazard
Analysis Services in the amount of $208,414.
This next step in the analysis will look at soil assessment, structural features and detailed
identification of appropriate changes to bring assessed buildings up to seismic code requirements.
The analysis will also identify the cost effectiveness of making building upgrades versus building
replacement, as well as prioritizing buildings as far as needing repair /replacement. Staff
commented that this project is funded through the 303 Fund. UNANIMOUS APPROVAL.
FORWARD TO NOVEMBER 19 REGULAR.
E. Contract Renewal for 2008 Kenvon Law Firm
Staff explained that this contract is practically the same as years past with the exception of
increases in hourly rates and staffing changes for attorneys. A majority of associate attorneys left
the firm due to a mass hiring of attorneys by the City of Seattle.
Dennis requested the inclusion of a chart in the full Council agenda packet that outlines the funds
the City expects to spend for legal services this year and in 2008. Staff commented that although
day to day services have a tendency to be consistent, this number can be difficult to predict due to
the variance of special matters.
Finance Safety Committee Minutes
November 5, 2007 Page 3
Joan expressed her desire for the attendance of the City Attorney at COW meetings in addition to
regular Council meetings. However, she does realize the additional costs associated with this
request. Rhonda commented that a City Attorney can be available for COW's with ample
notification. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR.
F. Contract Renewal for 2008 Kirshenbaum Goss for Public Defender Services
This is a renewal contract for public defender services. The contract will be for a three year
period commencing on January 1, 2007, and remaining in effect through December 31, 2010.
The compensation for the contract will be renewed annually with the appropriate Consumer Price
Index adjustments taken into consideration. Staff commented that the City has not exceeded the
monthly flat rate compensation for public defender services. UNANIMOUS APPROVAL.
FORWARD TO NOVEMBER 19 REGULAR.
G. Contract Renewal for 2008 M. J. Durkan for Lobbvina Services
Item moved to November 19 Finance and Safety Committee meeting due to time constraints at
current meeting. MOVE TO NOVEMBER 19 FINANCE SAFETY COMMITTEE.
H. Contract Renewal for 2008 Ball Janik for Lobbvina Services
Item moved to November 19 Finance and Safety Committee meeting due to time constraints at
current meeting. MOVE TO NOVEMBER 19 FINANCE SAFETY COMMITTEE.
M. ANNOUNCEMENTS
No announcements.
IV. MISCELLANEOUS
Meeting adjourned at 6:48 p.m.
Next meeting: Monday, November 19, 2007 5:00 p.m. Conference Room 3.
J /,v1 Committee Chair Approval
Minutes by KAM