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Home My WebLink AboutFS 2007-01-16 Item 2F - Agreement - 2007 Legal Services with Kenyon Disend PLLC CilA Alry 6200 Southcenter Boulevard · TukwiZa, Washington 98188 Steven M. Mullet, Mayor To: Finance and Safety Committee From: Mayor's Office ~""',..., RE: 2007 Contract with Kenyon Disend, PLLC Date: January 10,2007 Please see attached the proposed 2007 Contract \'lith Kenyon Disend, PLLC.. The only change from last year is the date, which has been changed from 2006 to 2007 (page 1, 8th paragraph, Duration of Agreement), a 4% increase in the flat fee, and an increase in hourly rates. It is recommended that this contract can be forwarded to the Regular City Council Meeting on January 16th for approval. Iso attachments 3c; ! Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us KENYON DISENDj PLLC Rhonda Berry, City Administrator Shelley Kerslake, City Attome~ December 28,2006 MICHAEL R. KENYON BRUCE L. DISEND SANDRA S. MEADOWCROFf SHELLEY M. KERSLAKE CHRIS D. BACHA HEIDI L. BROSIUS KERR! A. JORGENSEN TO: FROM: DATE: THE MUNICIPAL LA W FrRAi 11 FRONT STREET SOUTH ISSAQUAH, .W ASHINGTON 98027-3820 W'V\V.KENYONDISEND.COM (425) 392-7090 . (206) 628-9059 FAX (425) 392-7071 CITY OF TUK\VILA lVlElVI 0 RAl\1]) UNI RE: 2007 Contract for Legal Services LACEY L. MADCHE PETER B. BECKWITH THO},1AS J. GUILFOIL RENEE G. \;V;...LLS JOSEPH B. LEVAN KARl L. SAND MONICA A. BUCK KATHRYN J. HARDY Attached please find the 2007 contract for legal services. As we discussed, the only changes from last year's contract are a 4% increase in the flat fee and an increase in hourly rates. Please let me know if you have any questions or concerns. !.fa Document61PlI2I28/06 SERVING WASHINGTON CITIES SINCE 1993 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 performed for its citizens; and 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. ~cope ~nrl ~dlerllJle of ~ervices to he l>erfonnerl hy t.ontr~dOT:. The Contractor shall perform those services described on E~bit A attached hereto and L'1corporated 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 \"Titten approval from the City if the scope or schedule is to be modified in any way. 2. t.ompens~tion ::Jnrl M efhorl of l>::Jyment. 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. t.ontr::Jdor R1H'Ieet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. DmMion of Aereement. This Agreement shall be in full force and effect for a period commencing January 1, 2007, and ending December 31, 2007, unless sooner terminated pursuant to paragraph 8 of this Agreement. 5. Tnrlepenrlent (;ontr::Jdor. 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- 1; C:\Tukwil. 2007 Kenyon Disend.doclP/12l28/06 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. Tnnemnific::Ition. 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. Tnsllr::lnce. The Contractor shall procure and maintain in full force throughout the duration ofthis Agreement professional liability insurance with a minimum coverage of$I,OOO,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 termination of this Agreement. 8. Terrnimtion. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice ofthe City's intention to terminate the same. 9. Discrimin::ltion "Pmhihiten. 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 ::Inn SllhcontT::Id. 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 Aereement. 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. 1); - 2- C':\Tukwila 2007 Kenyon Disenddoc/P!l2I28/06 12. N()tice~. 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. Applic8hle Lm,v; VeT1l1e; Att()mey'~ Fee~. This Agreement shall be governed by and construed in accordance with the laws of the State of\Vashington. 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, \Vashington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this _ day of ,2006. CITY OF TUKWILA CONTRACTOR: KENyON DISEND, PLLC Mayor Steve Mullet By: Title: ATTEST/AUTHENTICATED: ADDRESS: 11 Front Street South Issaquah, Washington 98027 (425) 392-7090 Jane E. Cantu, City Clerk - 3- </3 C:iTukv,ila 2007 Kenyon Disend_doc/Pfl2!28!06 FXHTRTT A -- S(;OPF OF SFRVT(;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 services, "vhich 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 ofthe 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 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. 14 -4- G:\C'ity AltomeylSHELLEY\Tukwila 2007 Kenyon DisencidoclPl12/28/06 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 ofExhibitB. 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, lvhich 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. 15 - 5- G:\Ciry AllomeylSHELLE.Y\Tukwila 20')7 Kenyon DisencidocJP/12!28/06 EXHTRTT R -- r;OMPENS ATTON A 1\.Tf) METHOD OF P A Yi"fFNT 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 $35,370, 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, and (d) 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 2007. Thereafter, and for each such Separate Matter, Contractor shall be paid its normal hourly rates for 2007 which range between $130 and $225 for attorneys and ben.veen $75 and $90 for paralegals, together with reimbursement for extraordinary expenses. Legal interns shall be billed at an hourly rate not to exceed $90. 3. Special Services, if any, shall first be approved by the Mayor and City Council after negotiation regarding (1) \vhether 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. 4L7 -6- G:\City Attomey\SHELLEY\Tub'o11a 2007 Kenyon DisenddocfPl12128/06 KENYON DISEND, PLLC HOURLY RATE SCHEDULE FOR YEAR 2007 ATTORNEYS: "Pintners imcl Senior Attorneys: Michael R. Kenyon Bruce L. Disend Shelley M. Kerslake Chris D. Bacha Sandra S. Meadowcroft $225.00 $225.00 $195.00 $195.00 $190.00 Associ ilte Attorneys: Joseph B. Levan Kari Sand Heidi Brosius Kerri A. Jorgensen Tom Guilfoil Peter Beckwith Lacey Madche Renee vValls Monica Buck Kathy Hardy $170.00 $170.00 $155.00 $155.00 $155.00 $150.00 $150.00 $140.00 $130.00 $130.00 PARALEGALS: Margaret C. Starkey Sheryl A. Loewen Pam M. Odegard Shelly Crossland Nikki Meister Mary Eichelberger Terry Cox Kim Oberrnayer Kathy Swoyer $90.00 $80.00 $75.00 $75.00 $75.00 $75.00 $75.00 $75.00 $75.00 LEGAL INTERNS: $90.00 -7 - </7 G:\City AttomeySHELLEY\Ttllcwil. 2007 Kenyon Disemidoc/P/12128/06