HomeMy WebLinkAboutCOW 2010-11-22 Item 4I - Agreement - 2011-2012 Legal Services with Kenyon Disend for $35,500 Per Month Plus Expenses `"'t q w COUNCIL AGENDA SYNOPSIS
T 'y InztzaIs ITEM No.
l 47 y I Meeting Date Prepared by Mayor' view 1 oz -mczl review
I 11/22/10 51 L
1 12/06/10 1 51 1 1 1
ITEM INFORMATION
CAS NUMBER. 10-140 'ORIGINAL AGENDA DATE: NOVEMBER 22, 2010
AGI?NDi\ In MTrrLE Contract for Legal Services with Kenyon Disend PLLC
C. \1'I,GORY DiscuJsZOnn Motion n Resolution I Ordinance I 1 Bid Award 1 1 Public Hearing Other
M Date 11/22/10 Mtg Date 12/6/10 Mtg Date Mfg Date Mtg Date Mtg Date Mtg Date
(SP ONSOR I 1 Council Mayor Adm Svcs n DCD Finance I I Fire n Legal 1 I P &R Police I 1 PTV
SPONSOR'S The current contract for legal services expires 12/31/10. The proposed 2011 -2012
SUMMARY contract for general city attorney, prosecutor and paralegal services is $35,500 a month,
plus expenses. This reduced rate offers a monthly savings of $4,286.00.
RI? \'I1 ?WED BY n COW Mtg. CA &P Cmte F &S Cmte 1 I Transportation Cmte
I 1 Utilities Cmte Arts Comm. 1 I Parks Comm. I I Planning Comm.
DATE: 11/16/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Review and approval
COMMITTEE unanimous Approval, Forward to the Committee of the Whole
COST .IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$35,500 /month expenses
Fund Source: 000.06.515.200
Comments
MTG. DATE ,RECORD OF COUNCIL. ACTION
11/22/10
MTG. DATE ATTACHMENTS
11/22/10 Informational memorandum dated 11/08/10
Contract with Kenyon Disend
Minutes from the Finance Safety Committee meeting of 11/16/10
12/06/10
14 y
150
i Ir-q IP-
JII\Cit yofTukwlla
a Jim Haggerton, Mayor
_-9o a INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Steve Lancaster
DATE: November 8, 2010
SUBJECT. Contract for Legal Services, 2011 -2012
ISSUE
The current contract for legal services provided by Kenyon Disend PLLC expires December 31,
2010. Attached is a proposed contract for 2011 -2012.
BACKGROUND
The City of Tukwila contracts for legal services including
o General city attorney services;
Prosecution services,
Litigation and contested administrative proceedings;
9 Paralegal services; and
"Special services" (services not otherwise specified).
DISCUSSION
Under the current and proposed contracts, general city attorney, prosecutor and paralegal
services are provided at a flat monthly rate. Litigation, contested administrative proceedings
and "special services" are subject to prior approval and are billed at the hourly rates of
contractor staff involved Contractor's hourly rates are attached to the proposed 2011 -2012
contract.
The 2010 flat rate for general city attorney and prosecutor services under the current contract is
$39,786 per month The flat rate for both 2011 and 2012 under the proposed new contract is
$35,500 for a monthly savings of $4286 ($51,432 per year).
RECOMMENDATION
It is recommended that this contract be forwarded to the November 22, 2010 Committee-of-the
Whole meeting for discussion, and the December 6, 2010 Regular Meeting for approval
ATTACHMENTS
Draft Contract for Legal Services
151
152
Contract No.
CONTRACT FOR LEGAL SERVICES
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 perfoinied for its citizens;
and
WHEREAS, the City desires to have the Contractor perfoim 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 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 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, 2011, and ending December 31, 2012, unless sooner teiiiiinated 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
KenyonDisend20l 1 2012 Contract
153
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. 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
KenyonDisend20l 1 2012 Contract
154
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 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 2010.
CITY OF TUKWILA CONTRACTOR:
KENYON DISEND, PLLC
By:
Mayor Jim Haggerton Title:
ATTEST /AUTHENTICATED: ADDRESS: 11 Front Street South
Issaquah, Washington 98027
(425) 392 -7090
Christy O'Flaherty, City Clerk
-3
KenyonDisend201 1 2012 Contract
155
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 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 as requested;
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 cellular telephones to all attorneys employed by Contractor, and
a list of such telephone numbers to the City; and
J. Comprehensive Internet and remote access capability, including e-mail,
linking Contractor's office with City Hall.
-4
KenyonDisend2011 2012 Contract
156
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.
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 of the City of Tukwila during the term of this agreement.
-5
KenyonDisend20l 1 2012 Contract
157
EXHIBIT B COMPENSATION AND METHOD OF PAYMENT
1. For 2011, 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 $35,500.00, plus extraordinary
expenses. For 2012, 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 $35,500.00, 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. 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, (d) all significant projects
which require specialized knowledge and hours expended outside of the regular office hours for
that attorney; and (e) 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
2011 and 2012. Thereafter, and for each such Separate Matter, Contractor shall be paid its normal
hourly rates for 2011 and 2012. A copy of Contractor's hourly rates for 2011 is attached hereto.
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.
-6
KenyonDisend20l 1 2012 Contract
158
KENYON DISEND, PLLC
HOURLY RATE SCHEDULE FOR YEAR 2011
ATTORNEYS:
Partners and Senior Attorneys:
Michael R. Kenyon $255.00
Bruce L. Disend $255.00
Shelley M. Kerslake $225.00
Chris D. Bacha $225.00
Bob C. Sterbank $225.00
Margaret J. King $220.00
Kari L. Sand $210.00
Associate Attorney s:
Renee G. Walls $170.00
Sara B. Springer $145.00
Rachel B. Turpin $110.00
PARALEGALS:
Margaret C. Starkey $105.00
Sheryl A. Loewen 95.00
Pam M. Odegard 90.00
Shelly Crossland 90.00
Mary Eichelberger 90.00
Terry Cox 90.00
Kathy Swoyer 90.00
LEGAL INTERNS: $105.00
-7
KenyonDisend2011 2012 Contract
159
160
p
y City of Tukwila
d Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
November 16, 2010 5:00 p.m.; Conference Room ##3
PRESENT
Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Dennis Robertson (filling in for Kathy Hougardy)
Staff: Shawn Hunstock, Peggy McCarthy, Steve Lancaster and Kimberly Matej
Guest: Chuck Parrish
CALL TO ORDER: Chair Quinn called the meeting to order at 5:07 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. 2011 -12 Leval Services Contract: Kenyon Disend. PLLC
Staff is seeking Council approval to enter into contract with Kenyon Dispend, LLC for legal services to
be provided during the 2011 -12 biennium.
With the exception of the changes listed below, the essential components of the legal services contract
remain the same as in past years.
x
Contract has been reduced by $50,000 per year for basic services
No longer guarantees the use of pagers for communication
Hourly rate schedule increase per employee of 4 -6% (does not affect overall contract amount)
New category added in Exhibit B: Compensation and Method of Payment, Section 2, Item D
significant projects which require specialized knowledge
A project example of the last bulleted item above is the legal work that was completed on the Shoreline
Master Program (SMP). Work related to the SMP was billed as a separate matter; however, Kenyon
Disend requested clarification for such projects in the new contract.
In regards to Exhibit A: Scope of Services, Item 4, Special Services, Acting Committee Member
Robertson requested a copy of all special matters and issues that were attended to by Kenyon Disend as
outlined in their invoices submitted to the City during 2009 and 2010. Committee Chair Quinn requested
that this same information come forward to Finance Safety so that Committee Members could identify
and anticipate future liability. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 22 COW
FOR DISCUSSION.
B. Legislation: 2011 Property Tax Levy
Staff is seeking Council approval of an ordinance increasing the City's Regular Property Tax Levy from
the previous year; an ordinance levying the General Taxes and a resolution declaring a finding of
substantial need relating to the Property Tax Levy.
Shawn Hunstock reported that today the King County Assessor released an update for Tukwila's assessed
values which reports an increase in both assessed valuation (now $4,839,390,773) and annexation value
from values originally published. This means that the levy rate needed for 2011 has decreased slightly
from what is reported in the memo to Committee. The new rate is $2.78 which reflects a 4.51% increase
from last year.
161
162