HomeMy WebLinkAboutCOW 2005-02-14 Item 4F - Contract - 2005 Legal Services with Kenyon Disend for $378,000 Plus Expenses 7 COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
I CAS NUMBER: 05-022 I ORIGLNAL AGENDA DATE: FEBRUARY 14, 2005 I
AGENDAITEMTITLE Professional Services Contract, Kenyon Disend PLLC
CITEGORY Di assign Makin Radiourn G„L:.,,sc Bit A-:r�nl Acidic Herrirrgl 0:Ler
!Ji D::e 2/14/05 1iRae Dire ill gDse S1gDate Mtg Drae ISfgDte
ISPONSOR Ccrarl N Map Ad/n.5'70 DCD Firm e Fire Legit P& R Pdice PP/ I
SPONSOR'S Proposed Contract for Services for 2005 has been reviewed by Finance and Safety
SLILILkRY Committee.
REVIEWED BY COWMtg. CA&P Corte F&S Corte Transportation Cmre
Utilities Corte Arts Comm. Parks Comm. pl,nninv COMM
DATE: 2/7/05
RECOMMENDATIONS:
SPONSOR/ADMIN. Review and forward to Regular Meeting for approval
GSM MVrrEE Review and forward to COW
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$31,500 /month plus expenses
Fund Source: 000.06.515.200
Connnents:
MTG. DATE 1 RECORD OF COUNCIL ACTION
02/14/05 I
I
MTG. DATE ATTACHMENTS
02/14/05 Memo from Mayor's Office to City Council (w/ proposed contract)
Minutes from 2/7/05 Finance and Safety Committee
I
I I
City of Tukwila
6200 Southcenter Boulevard' Tukwila, Washington 98188
Steven M. Mullet, Mayor
MEMORANDUM
TO: City Council
FROM: Mavor's Office
DATE: February 9, 2005
SUBJECT: Contract with Kenyon Disend
Attached for your review is the proposed 2005 Contract for Legal Services between the
City and Kenyon Disend, PLLC.
The changes in this contract rrom previous years are reflected in the "strikeout" and
underlined" version in your packet. In reviewing billings for 2004, staff detennined that
"special matters" billings totaled more than $85,000. The 2005 contract proposes an
increase in the monthly fee ofS5,522 and provides that the City not be billed for "special
matters" until the accumulated hourly billing for that matter exceeds S5000.
/rab
Phone: 206.433-1800 . City Hall Fax: 206-433-1833 . V/V/Yl.ci.tukwila.V/a.us
DRAFT
Contract No.
COi'\TTRACT FOR LEGAL SERVICES
This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a
non charter 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.
WHEREAS, the City has a need to have certain legal services perfonned for its citizens; and
WHEREAS, the City desires to have the Contractor perfonn such services pursuant to
certain tenns and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions bereinafter contained, the
parties hereto agree as foHows:
I. ~cop" ~nn ~c\1erlll Ie of ~ervice' to \1" Perf onnen hy C;onm.ctor. The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In perfonning such services, the Contractor shall at all times comply
with all federal, state, and local statutes, rules and ordinances applicable to the perfonnance 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 at section 2.03.01
of the City's Personnel Policies. The Contractor shaH request and obtain prior written approval rrom
the City if the scope or schedule is to be modified in any way.
2. Compen,~tion ~nn M"thon ofP~yment 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. Contrnctor BllnE'et. The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement.
4. Dllrntion of A5p"ment. This Agreement shall be in full force and effect for a period
commencing January 1,2005, and ending December 31,2005, unless sooner tenninated pursuant to
paragraph 8 of this Agreement.
5. Tnnepennent Contrnctor. 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
accorded City employees by virtue of the services provided under this Agreement. The City shaH
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not be responsible for withholding or otherwise deducting federal income t<LX 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. Tn<1enmification. The Contractor shall indemnifY, defend and hold hannIess the City, its
officers, agents and employees, rrom and against any and all claims, losses or liability, including
attorney's fees, arising rrom 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 perfonning the work
required by this Agreement. With respect to the perfonnance of this Agreement and as to claims
against the City, its officers, agents and employees, the Contractor expressly waives its immunity
under Title 5 I of the Revised Code of \Vashington, the Industrial Insurance Act, for injuries to its
employees, and agrees that the obligation to indemnifY, defend and hold hannIess 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
rrom 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 rrom the concurrent negligence of the City,
its agents or employees, this obligation to indemnifY, defend and hold hannless is valid and
enforceable only to the extent of the negligence of the Contractor, its officers, agents, and
employees.
7. Tn~ll1"'mce. The Contractor shall procure and maintain in full force throughout the
duration of this Agreement professional liability insurance with a minimum coverage of S I ,000,000
per claim and 53,000,000 aggregate. Contractor shall provide evidence of such coverage in a
manner and fonn acceptable to the City in the City's sole discretion. Cancellation of the required
insurance shall automatically result in termination of this Agreement.
8. Tennination. 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 tenninate the same.
9. Di~crimination Prohihited. 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. A~,iV'ment and SlIhcontrnct. The Contractor shall not assign or subcontract any portion
of the services contemplated by this Agreement without the \vritten consent of the City.
II. Entire Arreement. 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. Noticc<. Notices to the City ofTukwila shall be sent to the following address:
City Clerk
City ofTukwila
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. ApplicHhle THW: Vcnne:' Attorney's Fcc-'. 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 tenn 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
,2005.
CITY OF TUKWILA
cmrrRACTOR:
KENYON DISEND, PLLC
Mayor Steve Mullet
By:
Title:
ATIEST/AUTHENTICATED:
ADDRESS: II Front Street South
Issaquah, Washington 98027
(425) 392-7090
Jane E. Cantu, City Clerk
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FXHffiTT A -- Sr:OPF OF SFRVTr:FS
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 senices, 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 \v'hole, 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 fOnTI 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;
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, including 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, detennine 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 ~1]r1 df'tr-nri appeals of municipal court decisions to S"J'~' ;v. Cu." ,
uudu l~h.. Ru1......':'I 101 AVF<--dJ vf D.....\...;;);oJl~ of COu11~ uj~ L~l}Jjt.....J .r UJ ;5~;d;vJt
("R_-\Lr~)_ App...ab tu !.~1!".. Cow!. of ~-\PIA{\l.... 01 Gte SUJ)leIW... C0U1l. if dU~\-.
silal1 L(. ~uL_il..\'...i ~o till.... }lj(h~;)jOIl'-' UfJ1J.hl~lapIl::L LI"..:o\',; and
N. Such other city prosecution matters as are assigned.
3. Provide City Attorney services for Let ta;a litigation and con!p,(po administrative I
proceedings, which include but are not limited to:
O. Initiation "no defe,,,1' of litigation ,,"d rnTlT1"!1'O "om;I1;,;!"'!;,"1' prnc1',>oill:?'
on the City's behalf Cnnfr:Wil1r ,h~1i hf' comppn;;;~terl t~.)J' "l1c1.1 11ti~J~tion ~nd
rontp,tf"d ;l(hllinlqnni\-r lW()Cf't:"rlin~, ::\<;;; ~rp~rMf" \'bttc-r.;;; Jlnrlt'r ~l;'H-~~Tl'?'ph "")
ofF'dlihli R:-
r. 01..-1(:1:,,(. vr~<!!~,,-~ L-.'J.I.... r'Ci;l;OIl .';d ~tl;t;ulI;" bH1u:;;lll d~a;lI.,CIi rIlc--E-ity:-
Q. DGtclI::'c. JUl.1Ut jll;lla:';~):', Ufd~IJl,-.-d:::, ofU;IlI;lIdl Jlldh,.....I~. d.ud
R. Rei)] \.r.':!....lIlal~uIl OfC;l.\ ;to GllI.::- [;.-'0 r;;...;tUl '" VI olln....1 1"'''-11 t~;l...1I \.; pi V..... c I...,J; ',-=-:'.
4. Provide Special Services, which include but are not limited to:
5. ?~O,huul;,,~ O,b1',. speri"I;7eo 1111111;,;p"1 b\\' ,e,,'jres: prov;oe," hn,,"e,'e,.
.thatJabol/....III}Jlo:dll.....lIl cHId [d.\ Jaw ;;):)h\..;). C~t} n;n 1IItl;lIld;li ;ts-ua0;i:;Onat
pltld~\...c ofLuJ.:;\...i.;IJ,t; l<1bOl -......IJ,}J~O}IIICHlIQx. ;)1.:.1 \ ;\..C'; 11uOu.2-h l~l""" D.....~Z1ll:II'-'"l
of Adluil,;,t."l;" SC";L". Aany such Special Services shall first be
authorized by the Mayor, and shall be subject to paragraph 3 of Exhibit B
regarding compensation.
5. Provide paralegal services, which include but are not limited to:
'FQ. General paralegal support for the City Attorney and for the prosecuting
attorney equivalent to one FTE.
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6. It is understood and agreed that the City Attorney shall not provide private legal
services to any employee of the City ofTulmila during the term of this agreement,
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FXHTRTTR -- COMPFNSATlON A1'\'Di\JfF.THOD OFPAYMFNT
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 $11 ~n(r ':;.9-;-8.00, plus extraordinary
expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery
costs, parking, mileage costs other than to and trom 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, fa.'(, or long-distance telephone charges.
2. fur--;;~ll litigation and administrative proceeding services set forth in paragraph 3 of
Exhibit A ,1-::.11 hf" rOJl.;;;!,-lf'r~"'d to hr"" ')f'!,~1r:1fe \-bttt',,,,:- _Contractor shall m~int~in 1t.:;: Cn1Tf'nr !""'r:1C,1('("
of !Tr"'i\.idin~ In(EndlJ;l! nlnnrhiy hll1in~ __b1kmr.nts tor r~ch S{'r~r~tf' :\-i:nter Sf'!1<ll";1re \ll11f>r;;;, 111.-":171
(:.1) e:K'h i!\divi{hl;l~ f'l\-il ;'ctiop filprl h~; or :1~:1in;;;,t thf' riiy. (h) ;111 nimin:11 ap!If';1fo::. c()IL.:>('ri\"t"'i~.' fi!t"[i
by or ~~_~i"1"; thr rity :H1n 1f');1U dni:? or nih~'=>r t~")rtpjhlJY' P1:lfti"'r-.; cf'il1fYtivf'ly filf'd hy fF t=l~;li'l..::;t rb.-:
lit;., \Ontr;1ctClT "";111 inc1ndf': \Vlinin the n1onth!y tl~t ti;>e :mrl ..halt not f\Tlwr\\.-j;;;;p hi!Lthe r-liy tor
the tlr-~r ~-; nno r"p,-'11(h'd ('Ir~ :1ny <::;p:1~r;r!"f' \ i~ttf>T :lS C'np1pl'led M rnntJ";)('tor'" n{)rrl,:~f h(); ~rly r,-.ft-'(:.
for '0(6 Tht-'ri.-..:.n,'r ;1nd f0!" e;}rh ';;;!lC'h '("'pi;r~'c 7vfmt,--'r lPnIr:1r"tor ;;:;h:11i be paid its normal hourly
rates for 2005 1-d1!~h i~;:."t' h.et\'.,..,.(.:~ \1........::; ;:ly,;,i ;:;';'19';: ~n1. ;"Jft):~-1CY:': ;1n(1 hr>~.\,:'r~1 '-\.::;:.:;; ~lPd ~-:-.;:_~.
""c2.h:ocJ.k .,- ,,:i i~,.th--hc:c"", together with reimbursement for extraordinary expenses.~,:.:
int~m" d....~H he. hdi",d at:1I1 hourly r;lfp not 10 ~Xl'f'Prl SX":;
;;'1hllll( :.- I I'III"~.: ;{"1r~.....
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3. Special Service-s, if any, shall first be approved by the Mayor and City Council after
negotiation regarding (I) 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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CO.J-i'n<-L C
Finance and Safety Committee
February 7, 2005
Present:
Dennis Robertson, Chair; Pam Carter, Dave Fenton
Dave Haynes, Viki Jessop, Jane Cantu, Shelley Kerslake, Rhonda Berry,
Darlene Heskett, Kevin Fuhrer, Nick Olivas, Lucy Lauterbach
1. Court Security Bids Darlene briefed the Committee regarding proposals for security
services for Tukwila Municipal Court. Seven companies were contacted and three responded.
The most complete and least expensive proposal was from Securitas, which provides court
security in Kirkland. Kirkland reports being very happy with their services. Securitas will
provide one guard that will be on duty all day. That guard will be on duty from 8:30 to 4:30 p.m.
and will eat lunch at hisfher station. 'The guard will be unarmed, will perform a \'isual check of
briefcases, purses and backpacks, and will have a wand to check people who set off the alarm
when walking through the security arch.
Darlene will draft a contract for services with Securitas and review the operational plan with the
police. She did not think she could do it for next week's COW, but will work to get a contract as
soon as practicable. Recommend contract to Council: bring to Committee only if timing
works.
2. Revisions to COPCAB Ordinance Police want to amend the Community Oriented Policing
Citizen Advisory Board (COP CAB) ordinance to allow a resident to fill a position if a business
person cannot be found, and to change reporting requirements from quarterly to annually. Two
business persons are to be on the Board, but if that is noqf6ssible; one resi-dent can fill in for one.
business person. Pam C also suggested by removing the requirement for COPCAB minutes to go
to City Council. Recommend ordinance to COW.
~3.
Kenvon Disend Contract
There have traditionally been two parts to a Kenyon contract: the general city attorney services
portion and an hourly portion. The service portion includes regular office hours, preparation and
lor review of ordinances, resolutions, contracts, and other city documents or materials,
prosecution services, and a host of other services. The hourly portion covers special matters
such as lawsuits originating from code enforcement actions, appeals ofTukwila Municipal Court
decisions, and other non-routine matters. Fees for hourly billings for special matters exceeded
S85,000 in 2004. The contract proposed for 2005 increases the monthly rate to the Kenyon firm
from $25,978 to S31,500 and eliminates hourly billing for special matters until charges incurred
for each individual matter exceed S5,000.
Pam asked that the Council receive quarterly or semi-annual updates on significant legal issues,
as well as a summary oflegal fees incurred if possible.
Recommend contract to CO\V.
."
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(in final fonn)
Contract No.
CONTRACT FOR LEGAL SERVICES
This Agreement is entered into by and between the CITY OF TUK.\VILA, 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,
WHEREAS, the City has a need to have certain legal services perfonned for its citizens;
and
WHEREAS, the City desires to have the Contractor perfonn such services pursuant to
certain tenns and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
1. ~cope Hnrl ~cherlllle of ~ervic". to he PerformPii hy Contrnr.tor. The Contractor shall
perfonn those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In perfonning such services, the Contractor shall at all times comply
with all federal, state, and local statutes, rules and ordinances applicable to the perfonnance 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. Comp"".Mion Hnrl Metnorl 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. Contrnctor Rllrlgi't. The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement.
4, Dllrntion of Agrp.P.1TIent_ This Agreement shall be in full force and effect for a period
commencing January 1, 2005, and ending December 31, 2005, unless sooner tenninated pursuant to
paragraph 8 of this Agreement.
5. Tnrlp.penrlent Contrnctor, 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
accorded City employees by virtue of the services provided under this Agreement. The City shall
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not be responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or othenvise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
6. Tnnp.mnjfj"ation, 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 perfonning 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 employee<;. 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. Tnsl1rnn"p.. The Contractor shall procure and maintain in full force throughout the
duration of this Agreement professional liability insurance with a minimum coverage ofS1,000,OOO
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 tennination of this Agreement.
8. Tennination. This Agreement may at any time be tenninated by the City giving to the
Contractor thirty (30) days written notice of the City's intention to tenninate the same.
9. Dj""rimination Prohihiten. 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 ann Sl1h".ontTad 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 AETp.p.ment. This Agreement contains the entire agreement between the parties
hereto and no other Agreements, oral or othenvise, 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 \vith 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 ofTukwila
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. AppIicahle T >iW; Venue; Attorney's Fee,. 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 tenn 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
,2005.
CITY OF TUKWILA
Cmn'RACTOR:
KENYONDISEND, PLLC
Mayor Steve Mullet
By:
Title:
ATIEST/AUTIIENTICATED:
ADDRESS: 11 Front Street South
Issaquah, Washington 98027
(425) 392-7090
Jane E. Cantu, City Clerk
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EXHTRlT A -- SrOPE OF SERVWFS
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 la,,?' 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;
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, including e-mail,
linking Contractor's office with City Hall.
2. Provide city prosecution senices, which include but are not limited to:
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K. Review, determine filing decision, and file all Tu1.'wila 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.
5. 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 ofthe City of Tu1..'"i!a during the term oftbis agreement.
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F.XHTRIT R -- rmvfPRNS A TTON A'1\JT) MFTHOD OF P A YNffi1\.1T
1. For all general city attorney and city prosecutor services set forth in paragraphs I and 2
of Exhibit A, Contractor shall be paid a flat monthly fee of S31 ,500, plus extraordinary expenses.
Extraordinary expenses shall include court filing fees, deposition and other discovery costs,
parking, mileage costs other than to and ITOm 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, (b) all criminal appeals collectively filed
by or against the City, and (c) 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 S5,000 expended on any Separate Matter as computed at Contractor's nonnal hourly rates
for 2005. Thereafter, and for each such Separate Matter, Contractor shall be paid its nonnal hourly
rates for 2005 which range between $125 and $195 for attorneys and between $55 and S75 for
paralegals, together with reimbursement for extraordinary expenses, Legal interns shall be billed at
an hourly rate not to exceed $S5.
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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