HomeMy WebLinkAboutCOW 2004-02-09 Item 4F - Contract - 2004 Legal Services with Kenyon DisendITEM INFORMATION
0 Q I Original Agenda Date. February 9, 2004
Agenda Item Title: City Attorney Contract with Kenyon Disend PLLC
CAS Number: 04-019
I Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if
known):
Fund Source (if known) General Fund
Meeting Date
COUNCIL AGENDA SYNOPSIS
Meeting Date Prenared by
02/09/04 RAB
Council Admin.x
The Kenyon firm has provided City Attorney services for the city for a number of
years. Services include, but are not limited, general city attorney services, city
prosecution services, paralegal services, and Special Services.
Authorize Mayor to sign agreement
$312,000
Initials
Mayor's feview
jam_
RECORD OF COUNCIL ACTION
Action
APPENDICES
Meeting Date 1 Attachments
02 -09 -04 Memo from Mayor to Finance Safety Committee
Contract for Legal Services
Minutes from Finance Safety Committee dated 2/2/04
Council review
,7 L/1
ITEM NO.
/so
attachment
City of Tukwila
6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor
To: Finance Safety Committee
From: Mayor's Office
Re: City Attorney Contract with Kenyon Disend, PLLC
Date: January 27, 2004
The Kenyon firm has provided City Attorney services for the City for a number of years.
These services include, but are not limited to, general city attorney services, city
prosecution services, paralegal services and special services.
A draft contract for 2004 is attached for your review. With your approval it will be
forwarded to the full City Council for approval.
Phone: 206 433 -1800 City Hall Fax: 206- 433 -1833 www.ci.tukwila.wa.us
and
CONTRACT FOR LEGAL SERVICES
Contract No.
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.
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 Schednle 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 at section
2.03.01 of the City's Personnel Policies. 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 Budget 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, 2004, and ending December 31, 2004, 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. indemnification 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. insurance 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 Agreement. 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. Nntires. 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 T AW: Venue: Attorney's Fees 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 20034.
CITY OF TUKWILA CONTRACTOR:
KENYON DISEND, PLLC
Mayor Steve Mullet
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
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By:
Title:
ADDRESS: 11 Front Street South
Issaquah, Washington 98027
(425) 392-7090
F.XH1TUT A .cCnpF. OF SERVICES
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 attomey 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 F.xecutive cessions 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 staffind
elected officials, and maintenance of between 20 and 25 "office hours" each
week at City Hall, exclusive of prosecutor time;
Provide special clnccec and /nr seminars fnr staff leete� d officials, Roards
and Commissions on issues including, hint not limited to, ethics, conflict of
interest, and the appearance of fairness doctrine
Et. Except as set forth in Section 3, defend litigation brought against the City;
M. Defend or initiate administrative hearings involving the City including, but
not limited to, drug forfeiture and seizure hearings, code enforcement, and
similar matters;
en. Such other general city attorney matters as are assigned;
HI. 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
11. 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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JK. 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;
KL. Regularly consult with and train police department personnel on selected
legal issues, and attend police department administrative staff meetings as
requested;
EM. File 1 1 I IP I _to Superior Court
U f M%Amapal C vuil 1 cumuli, under the. Rules for Appeal of versions of
Courts of Limited Turisdiction "RAI I Appeals to the Court of Appeals
or the Supreme Court, if any, shall be subject to the provisions of paragraph
3, below; and
MN. Such other city prosecution matters as are assigned.
3. Provide City Attorney services for certain litigation and administrative
proceedings, which include but are not limited to:
NO. Initiation of litigation on the City's behalf;
OP. Defense of land 1 Jse Petition Actl UPA Petitions brought against the City;
PQ. Defense, but not initiation, of appeals of criminal matters; and
QR. Representation of City in drug forfeiture or other forfeiture proceedings.
4. Provide Special Services, which include but are not limited to:
RS. Non routine labor /employment and tax law issues. City will maintain its
traditional practice of budgeting labor /employment law services through the
Department of Administrative Services. 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:
ST. General paralegal support for the City Attomey 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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FXHTRTT R COMPF.NSATTn1T ANT) MF.THCIT) OF PAYMENT
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 $25,978.00, 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. For all litigation and administrative proceeding services set forth in paragraph 3 of
Exhibit A, Contractor shall be paid its normal hourly rates for 2003 as set forth below, together with
reimbursement for extraordinary expenses.
Attorney Hourly Rates.
Michael R. Kenyon
Bruce L. Disend
Shelley M. Kerslake
Sandra S. Meadowcroft
Joe Schultz
Steve King
Heidi Brosius
Kerri A. Bergland
Mindy Rostami
Paralegal Hourly Rates.
$185.00
$185.00
$165.00
$160.00
$135.00
$135.00
$125.00
$125.00
$125.00
Margaret C. Starkey $70.00
Sheryl S. Loewen $60.00
Pam M. Odegard $55.00
Shelly McKee $55.00
Carol Bradford $55.00
Mary Eichelberger $55.00
Cathy Tenorio $55.00
Terry Cox $55.00
Kim Obermeyer $55.00
J egpl Interns. $80.00
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
February 2, 2004
Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson
Keith Haines, Rhonda Berry, Lucy Lauterbach
1. Ground Rules Dave stated basic precepts he would like the committee to follow. These
include being recognized by the chair, sticking to the subject, and not adding agenda items at the
last minute except in the most dire straits. The other members agreed. Information.
2. City Attorney Contract with Kenyon Disend The City has had a relationship with the
Kenyon Disend firm for many years. The contract this year is little changed from past years,
although the fees did go up 4 or $12,000 in the annual cost. The monthly services will cost
$25,978 /month. Their fee did not increase between 2002 and 2003. The Committee had few
comments beyond asking that acronyms be defined Dennis asked that Shelley provide training
on ethics issues such as conflict of interest, but Rhonda noted that training could probably be
given by our insurance agency, Washington Cities Insurance Agency (WCIA). The Committee
added executive sessions under the section detailing what meetings the City Attorney should
attend. Recommend contract to COW.
DRAFT
3. Martin Durkan Contract Jamie Durkan is the consultant who works on issues in Olympia
and has worked on some Sound Transit issues in the past. This year he is working on streamlined
sales tax and retiree medical insurance for us. He works in response to direction from the
mayor's office. In a change from last year, this contract only covers 6 months of work rather than
a year's work. The Committee was satisfied that he would only do the work necessary for the
legislature this year. Recommend contract to COW.
4. Interlocal Agreement for Jail Administration When the cities first started to send prisoners
to Yakima for jail, an interlocal was drawn up. Since then it has been refined, worked on by both
policy makers and professional writing teams, and is now quite clear and easy to understand.
Dennis thought the way the agreement specifies the integration of staff and elected officials was
a model for how this kind of agreement should be written. Rhonda explained how the different
layers work together. Though Tukwila is one of the 39 cities in the Jail Oversight Assembly and
Jail Operations Group, we are not on the Jail Administration Group. The Committee approved
the governance model. Recommend to COW.
5. Puget Sound Law Enforcement Information Exchange (LinX) Since 2001Tukwila has
been part of a RAIN system that shares automated information in a network among Tukwila,
Bellevue, and King County. A proposal to greatly expand that group has been made, and the new
group would be called LinX Keith is co -chair of this initiative which involves southern agencies
such as Kitsap County, Bremerton, Poulsbo, and the Naval Criminal Investigative Service.
Bainbridge, Everett, Seattle, the Seattle Port and Snohomish as well as the State Patrol are also
included in LinX King County will be invited to join in Phase 2. The proposal is to build a
system that would standardize the various and different crime reporting systems of each police
agency. Booking photos from jail will be another useful feature of the system. Microsoft is
donating programs so far, but would like some funding to take it over. The agencies will share
DRAFT
information on crimes and criminals that could be useful in looking at crime on a regional basis.
Dennis had several issues with the proposal, including the lack of oversight by any elected
officials and the use of information subject to privacy laws that the ACLU could be concerned
about. Keith assured the Committee members that LinX doesn't gather intelligence, but rather
reports on crimes and criminal information that would be available to an authorized person who
asked Dennis also thought one section allowed a small number of people to change policies.
Some of Dennis' questions are answered in a procedure manual that's being developed. Keith
thought the FBI could be asked to join, and to pay part of the costs. Paying for the system will
require funding through a grant or other method. Joan asked about use of the system by officers.
Officers will be able to access basic information from their cars, but more detailed information
will need to be gathered at a bigger computer. If our cars got more sophisticated equipment they
could access more information from the field. Joan asked if this project would require more staff.
Keith said his new computer person will be a big help, but no new additional staff is needed.
Keith will check some of these issues back to the LinX group, but the contract is now at all the
other agencies. Reschedule.
Committee chair approval