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HomeMy WebLinkAboutReg 2003-07-07 Item 6B - Contract Amendment - Change Name to Kenyon Disend PLLCCAS Number: 03-093 Original Agenda Date: July 7, 2003 Agenda Item Title: Amendment to AG 03 003 with Kenyon Disend, PLLC Original Sponsor: Timeline: Sponsor's Summary: Meeting Date 07 -07 -03 07 -07 -03 Initials Meeting Date Prepared by 1 Mayor's review 1 Council review 07 -07 -03 B. Baker I ar Council Admin. Mayor's Office ITEM NO. In light of recent reorganizations and personnel changes within the law firm of Kenyon Dornay Marshall, the senior partners of that firm have met. In that meeting, it was decided the firm name would be changed to Kenyon Disend, PLLC. The Contract for Legal Services (within this package) is merely a housekeeping item to inform the Council of the change and allowing the Mayor to sign the amendment as presented. No other changes are presented or requested. Recommendations: Sponsor: Approve the proposed amended contract showing name change Committee: *Finance and Safety Committee to consider item at their 07- 07 -03, 5:15 p.m. meeting Administration: Same as sponsor I Cost Impact (if known): $24,978.72 per month Fund Source (if known): General Fund Action nts Memorandum to Finance Safety Committee Members dated 07 -01 -03 Proposed Amended Contract 03- 003(a) with Kenyon Disend, PLLC k x wt City of Tukwila s 1908 To: Finance Safety Committee From: Mayor's Office RE: Contract for Legal Services Date: July 1, 2003 Attached for your consideration is a Contract for Legal Services with the law firm of KENYON DISEND, PLLC. This new contract is being presented as a "housekeeping" matter, as the firm's name has changed and therefore a new contract is required. All other portions of the contract remain the same as the contract currently in place. Mike Kenyon will attend the Finance and Safety Committee meeting on July 7 to answer any questions you may have. RAB /so 6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor s.�az� wwwci.tukwila.wa.us CONTRACT FOR LEGAL SERVICES n ra £a` 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 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. Scone and Schedule of Services to be 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, 2003, and ending December 31, 2003, 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 accorded City employees by virtue of the services provided under this Agreement. The City shall 1 \Fsl\sys\ APPS \MUNI\MCSclient contracts \Tukwila 2003 Kenyon Disend.doc/MCS/06/30/03 ORIGINAL 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 attomey'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. Assienment 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. -2— \\FsI\systAPPSUIUNM1CS\client contracts \Tukwila 2003 Kenyon Disend.doc/MCS/06/30 /03 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. Annlicable Law: 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 Mayor Steve Mullet ATTEST /AUTHENTICATED: Jane E. Cantu, City Clerk By: Title: -3 \Fsl'sys\APPS\MUNI\MCS\client contracts \Tukwila 2003 Kenyon Disend.doc/MCS/06/30iO3 2003. CITY OF TUKWILA CONTRACTOR: KENYON DISEND, PLLC 4 fl4 /41,19-. l' v ADDRESS: 11 Front Street South Issaquah, Washington 98027 (425) 392-7090 EXHIBIT A SCOPE 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 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 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 maintenance of between 20 and 25 "office hours" each week at City Hall, exclusive of prosecutor time; E. Defend litigation brought against the City; F. Defend or initiate administrative hearings involving the City including, but not limited to, drug forfeiture and seizure hearings, code enforcement, and similar matters; G. Such other general city attorney matters as are assigned; H. 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 I. 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: J. 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; -4— WFsI \sys\APPS\MUNAMCS\client contracts \Tukwila 2003 Kenyon Disend.doc/MCSi06/30 /03 K. Regularly consult with and train police department personnel on selected legal issues, and attend police department administrative staff meetings as requested; L. File or respond to appeals to Superior Court of Municipal Court decisions. Appeals to the Court of Appeals or the Supreme Court, if any, shall be subject to the provisions of paragraph 3, below; and M. 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: N. Initiation, but not defense, of litigation on the City's behalf; 0. Defense, but not initiation, of appeals of criminal matters; and P. Representation of City in drug forfeiture or other forfeiture proceedings. 4. Provide Special Services, which include but are not limited to: Q. Non routine labor /employment and tax Mw 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: R. 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. 5 \\FsI\sys\APPS\MUNPMCS\client contracts \Tukwila 2003 Kenyon Disend.doc/MCSI06/30/03 EXHIBIT B COMPENSATION AND METHOD 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 $24,978.72, 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 Margita A. Dornay Joe Schultz Heidi Brosius Steve King Kerri A. Bergland Mindy Rostami Paralegal Hourly Rates: Margaret C. Starkey Sheryl S. Loewen Pam M. Odegard Shelly McKee Carol Bradford Mary Eichelberger Cathy Tenorio Terry Cox $175.00 $175.00 $155.00 $130.00 $120.00 $120.00 $120.00 $120.00 $65.00 $55.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 Legal Interns: $75.00 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. C:\ W MDO W S\Desktop\Bob\DepntyUcenyon/T/07 /07103 -6—