HomeMy WebLinkAboutCOW 2006-01-23 Item 3F - Agreement - 2006 Legal Services with Kenyon Disend COUNCIL AGENDA SYNOPSIS
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ITEM No.
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ITEM INFORMATION
CAS NUMBER: 06-008 I ORIGINAL AGENDA DATE: JANUARY 23, 2006
AGENDA ITEM TITLE Contract for Legal Services with Kenyon Disend PLLC
CATEGORY Discussion Motion Resolution Ordinance BidAvurd PublicHeanng Other
MtgDate 01/23/06 MtgDate MtgDate MtgDate M tgDate MtgDate MtgDate
J SPONSOR Council May r AdmSus DCD (l Finana. Fire Legal P6- R Palace PW
SPONSOR'S Proposed Contract for Legal Services for 2006.
SUMMARY
REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 01/17/2006
RE COMMENDATIONS:
SPONSOR/ADMIN. Review and forward to Regular Meeting for approval.
CONMII'I1mE Review and forward to COW
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$32,760 /month expenses 406.224
Fund Source: 000.06.515.200
Comments
MTG. DATE RECORD OF COUNCIL ACTION
1/23/06
MTG. DATE ATTACHMENTS
01/23/06 Memo from Mayor's Office to City Council (with proposed contract)
Minutes from 01/17 Finance and Safety Committee
City of Tukwila
6200 Southcenter Boulevard · Tukwila, Washington 98188
Steven M. Mullet, Mayor
MEMORANDUM
TO: CIty CouncIl
FROM: Mayor's Office
DATE: January 19,2006
SUBJECT. Contract wIth Kenyon Disend
Attached for your review IS the proposed 2006 Contract for Legal Services between the
CIty and Kenyon Disend, PLLC.
The contract is the same that of last year and c1anfies the fact that day-to-day code
enforcement Issues are part of the base contract, while code enforcement Issues that go
before the Hearing Exammer and Court are considered 'Separate Matters. '
The draft contract is provIded m strikeout and underlme format, with a bar in the margin
of those lines that contam changes. CompensatIOn for legal servIces IS proposed at 4%
over the 2005 contract amount.
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Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us
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Contract No.
CONTRACT FOR LEGAL SERVICES
ThIS Agreement is entered mto by and between the CITY OF TUKWILA, vVashmgton, a
noncharter optIOnal municipal code city heremafter refened to as "the CIty," and KENYON
DISEND, PLLC, heremafter referred to as "the Contractor," whose pnncipal office IS located m
Issaquah, Washmgton.
WHEREAS, the CIty has a need to have certam legal servIces performed for its cItIzens; and
WHEREAS, the City desIres to have the Contractor perform such servIces pursuant to
certam terms and COndItlOns; now, therefore,
IN CONSIDERATION OF the mutual benefits and condItIOns heremafter contained, the
parties hereto agree as follows:
1. Scope and Sched1l1e of ServIces to he Performed hy C:ontractor, The Contractor shall
perform those services described on ExhibIt A attached hereto and incorporated herem 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 apphcable to the performance of such
services and the handhng of any funds used m connection therewIth. Such local rules and
ordmances shall include, but not be hrllited to, the City Code of Ethics, as set forth in Ordmance No.
2068. The Contractor shall request and obtain pnor wntten approval from the CIty if the scope or
schedule is to be modIfied in any way.
2. C:ompensation ::md Method of P;:Jymenf, The City shall pay the Contractor for servIces
rendered according to the rate and method set forth on Exhibit B attached hereto and mcorporated
herein by thIS reference.
3. C:ontractor Rlldget. The Contractor shall apply the funds received under tills Agreement
withm the maximum hmits set forth in thIS Agreement.
4. Dllf;:Jtion of AETeement. This Agreement shall be m full force and effect for a penod
commencmg January 1,200.65, and endmg December 31, 200.65, unless sooner terminated pursuant
to paragraph 8 of this Agreement.
5. Independent Contractor. Contractor and CIty agree that Contractor is an mdependent
contractor WIth respect to the services provIded pursuant to thIs Agreement. Nothing m 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
accorded CIty employees by virtue of the services provided under thIS Agreement. The CIty shall
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not be responsible for wIthholdmg or otherWIse deductmg federal mcome tax or social secunty or
contributmg to the State Industnal Insurance Program, or otherwIse assummg the dutIes of an
employer wIth respect to the Contractor, or any employee of the Contractor.
6. Tnc1emmficMlon. The Contractor shallmdemmfy, defend and hold haImless the CIty, its
officers, agents and employees, from and agamst any and all claims, losses or lIabIlIty, mcludmg
attorney's fees, ansing from mJury or death to persons or damage to property occasIOned by any act,
omISSIOn or failure of the Contractor, its officers, agents and employees, III performmg 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 immumty
under TItle 51 of the RevIsed Code of Washington, the Industrial Insurance Act, for IllJunes to ItS
employees, and agrees that the oblIgation to mdemmfy, defend and hold harmless provided for m
this paragraph extends to any clmm brought by or on behalf of any employee of the Contractor. ThIS
waiver IS mutually negotlated by the partIes. ThIS paragraph shall not apply to any damage resultmg
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. Tnsl1nmce. The Contractor shall procure and maintam m full force throughout the
duratIOn of this Agreement professIOnal lIabilIty msurance wIth a mmimum coverage of $1,000,000
per clmm and $3,000,000 aggregate. Contractor shall provIde eVIdence of such coverage m a
manner and form acceptable to the City m the City's sole dIscretIOn. CancellatIOn of the required
msurance shall automatlcally result in terminatIOn of thIS Agreement.
8. TennimltlOn. ThIS Agreement may at any tIme be termmated by the City gIving to the
Contractor thirty (30) days wntten notice ofthe CIty'S intentIOn to terminate the same.
9. Dlscrimm::Jtion Pronihitec1. The Contractor shall not dIscnmmate 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, rehglOn, creed, sex, age, natlOnal origin, mantal status or
presence of any sensory, mental or physical handicap.
10. AssiVlment ::Jnc1 Sllhcontract. 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 AEfeement. This Agreement contams the entlre 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 bmd any of the parties hereto. EIther party may request changes m the
agreement. Proposed changes whIch are mutually agreed upon shall be mcorporated by \vntten
amendments to this Agreement and wIth the consent of the City Council.
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12 Not1ces. NotIces to the CIty of Tukwila shall be sent to the followmg address
City Clerk
City ofTukwlla
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. Applicahle L~w; Vemle;\ Attorney's Fees. ThIs Agreement shall be governed by and
construed in accordance wIth the laws of the State of Washmgton. In the event any smt, arbItratIOn,
or other proceeding is mstltuted to enforce any term of this Agreement, the parties specIfically
understand and agree that venue shall be properly laid m Kmg County, Washington. The prevailmg
party in any such action shall be entitled to its attorney's fees and costs of smt.
DATED this _ day of
,2005.
CITY OF TUKWILA
CONTRACTOR:
KENYON DISEND, PLLC
By'
TItle:
Mayor Steve Mullet
A TTEST/AUTHENTICA TED:
ADDRESS: 11 Front Street South
Issaquah, Washington 98027
(425) 392-7090
Jane E. Cantu, City Clerk
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FXffiBTT A -- SC:OPF OF SFRVTC:FS
Contractor agrees to provIde a level of serVIce equal to or greater than the level of serVIce
provIded by an m-house CIty attorney office consIstmg 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 ofthe City Council;
B. Attend Executlve Sessions and special meetmgs of the City Council,
CommIttee of the Whole, CommIttee meetings, and meetmgs of City Boards
and CommIssIons, upon request;
C. Prepare or reVIew ordmances, resolutIOns, contracts, mterlocal agreements,
and other CIty documents or matenals;
D. Practice "preventatlve law" m the form of regular consultatIOn wIth staff and
elected officials, and mamtenance of between 20 and 25 "office hours" each
week at City Hall, exclusIve of prosecutor tlme;
E. ProvIde special classes and/or semmars for staff, elected officials, Boards,
and Commissions on Issues includmg, but not lImIted to, ethIcs, conflIct of
interest, and the appearance of fairness doctrine.
F. Except as set forth m Section 3, defend lItigatIOn brought against the City;
G. Defend or initiate admmIstrative hearings involving the City mcludmg, but
not lllruted to, drug forfeIture and seizure hearings, code enforcement, and
similar matters;
H. Such other general CIty attorney matters as are assIgned,
1. 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, mcludmg e-mail,
linking Contractor's office wIth City Hall.
2. Provide city prosecution services, which include but are not limited to:
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K. Review, detenmne filmg decIsIOn, and file all Tukwila PolIce Department
reports involvmg mIsdemeanor and gross mIsdemeanor cnmes, and represent
the City on all contested traffic heanngs,
L Regularly consult wIth and tram polIce department personnel on selected
legal issues, and attend police department admmistratIve staff meetmgs as
requested;
M. FIle and defend appeals of mumcIpal court decIsions, and
N. Such other CIt)r prosecutIOn matters as are assIgned.
3. Provide City Attorney services for litigation and contested administrative
proceedings, which include but are not limited to:
O. ImtiatIOn and defense of lItIgatIOn and contested admmIstratIVe proceedmgs
on the CIty'S behalf. Contractor shall be compensated for such litIgatIOn and
contested admmIstratIVe proceedmgs 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 regardmg compensatIOn.
5. Provide paralegal services, which include but are not limited to:
Q. General paralegal support for the CIty Attorney and for the prosecutmg
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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EXHTRTT B -- C:OMPENSA TTON A l\TD METHOD OF PAYMENT
I. For all general CIty attomey and CIty prosecutor servIces set forth m paragraphs I and 2 of
Exhibit A, Contractor shall be paid a flat monthly fee of $ t-;-5OO [c81clll (jterl 8S
eXlstlllE fee of11)00 pIlls 4% lllcre(jse of); 1)60
, !, plus
extraordinary expenses. Extraordmary expenses shall mclude court filmg fees, deposItion and other
dIscovery costs, parkmg, mileage costs other than to and from City Hall or other locatIOns wIthm
the City, and other simIlar expenses advanced by Contractor on City's behalf. Extraordmary
expenses shall not include routine photocopymg, fax, or long-dIstance telephone charges.
2. All lItigatIOn and admmIsttatIve proceedmg servIces set forth m paragraph 3 of ExhibIt A
shall be considered to be Separate Matters. Contractor shall mamtam ItS current practIce of
provIdmg individual monthly billmg statements for each Separate Matter. Separate Matters mean
(a) each indIvIdual cIvil action filed by or agamst the CIty, except th(jt mllltlple conoemn;JtJon
Imvsllits relMeo to the S;Jme project sh;Jll constItute only one Sepmo;Jte M;Jtter, (h) all C:orle
Enforcement m;Jtters collectIvely conrlllcterl hefore the He;Jnng EX;Jminer or 111 C:oll1i, hllt not
inclllrllllg Eener;Jl corle enforcement serVlces whICh sh;Jll he inclmlerl 111 C:ontr;Jctor's fl;Jt monthly
fee.-(bc) all crimmal appeals collectIvely filed by or agamst the CIty, and (de) all drug or other
forfeIture matters collectively filed by or agamst the City. Contractor shall mclude 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 nonnal hourly rates for 200,-,'. Thereafter, and for each such
Separate Matter, Contractor shall be paid Its normal hourly rates for 2005-.6 which range between
$125 and $t952il5. for attorneys and between $55 and $ROT5 for paralegals, together with
reimbursement for extraordmary expenses. Legal mtems shall be bIlled at an hourly rate not to
exceed $85.
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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Finance and Safety Committee
January 17, 2006
Present:
Pam Carter, Chair; Jim Haggerton, Verna Griffin
Rhonda Berry, NIck Olivas, Kevm Fuhrer, Lucy Lauterbach; Chuck Pamsh
* 1. Contract for Le~al Services with Kenvon Disend The committee considered the 2006
contract with the Kenyon Disend firm. The contract is simIlar to past years' contracts, and
includes a 4% increase in fees. Rhonda said one issue Council Members have raised in the past
concerned havmg the City Attorney aVailable at COvV meetings. Although the City Attorney
attends Regular Meetings, she can attend COW meetings ifrequested to attend, though it would
help if she were notified far ahead o~tIme so schedules could accommodate the meetmg.
Because code enforcement is becoming more proactIve, more time may be needed for this Issue
by the City Attorney's office. Jim H asked ifthe City Attorney gets involved with elected
officials' ethics issues. Rhonda said they cover employees, but it would depend on the
circumstances of the situation whether they could represent the City Councilor Mayor. Jim said
and others agreed Kenyon Disend has done a good job for the City and their increase is
reasonable. Committee approval; recommend contract to COvV.
2. Contract with Ball Janik LLC The Ball Janik contract is also similar to last year's contract,
although it has a revised scope of work. Rhonda said Ball Janik's advice is for Tukwila to spread
its requests for fundmg more broadly than just for transportation projects. The committee thought
that was a good idea. One idea they suggested was to reach immigrants in the Tukwila
community who don't speak English with informatIOn about emergency preparedness. That
could be more of a FEMA issue, though Rhonda said she would ask about it. Committee
approval: recommend contract to COvV.
3. Contract with lVI.J. Durkan The 2006 contract for Jamie Durkan is very similar to the 2005
contract. The choice was to have a one-year contract, and to end it when the City felt it was time.
Alternatively, it could be a six-month contract with extensions if necessary. The committee
members agreed a one-year contract was appropriate. Besides the state legIslative work Jamie
does for the City, he can also be informative about Seattle and King County issues that are being
worked on in advance of public announcements. When talking about reporting from Jamie, the
committee thought some reporting was good, but did not want it to be too detailed if not much is
happening. Full Committee approval; recommend contract to cavv.
4. Fire Truck Purchases The Fire Department has two aged fire pumper trucks and an aerial
ladder truck that all need to be replaced. Sound Transit is buying the city the ladder truck, but
there are inadequate funds in the budget to buy two pumper trucks. Equipment to outfit the
trucks will also be needed, especially new mobile radIos. Although one option would be to buy
the two trucks in 2006, there is not enough money in the 107 Fund Fire Equipment Cumulative
Reserve fund. The other optIOn would be to order them both but take delIvery on one of the two
in January, 2007 so 2007 funds can be used. There are two Issues WIth funding: purchasing the
two trucks when not enough funds are available, and putting more general fund money annually
mto the Fund 107 fund so future fire trucks can be paid for. Nick recommended buying the