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HomeMy WebLinkAboutReg 2018-11-19 Item 3C.3 - Agreement - 2019-2020 Legal Services with Kenyon Disend for $33,940 per Month Plus ExpensesCOUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review Council review 11/19/18 CT ITEM INFORMATION ITEM No. 3C.3 STAFF SPONSOR: DAVID CLINE ORIGINAL AGINDA DATE: 11/19/18 AGENDA ITEm TITLE 2019-2020 Contract with Kenyon Disend PLLC for Legal Services CATF(;ORY Discussion ilitsDate II Motion 11/19/18 Ell Resolution Mtg Date El Ordinance AftgDate Bid Award Mtg Date Ell Public Hearing MigDate El Other AltgDate ilAgDate SPONSOR Council i1Mayor EIHR EIDCD Finance Fire TS EIP&R .Police RIF ECourt SPONSOR' S The current contract for legal services expires December 31, 2018. The 2019-2020 contract SUMMARY increases the flat rate by 1.5 percent to $33,940 per month, to account for cost of living adjustments and modest increases in attorney billing rates. i-t_i;vii:wi:,I) BY C.O.W. Mtg. CDN Comm Trans &Infrastructure Arts Comm. DATE: 11/06/18 II Finance Comm. El Public Safety Comm. Comm. 0 Planning Comm. CHAIR: QUINN El Parks COmmi 1'1 EE RECOMMENDATIONS: SPoNsoR/ADmiN. Co iMiii'iL Mayor's Office Unanimous Approval; Forward to 11/19/18 Consent Agenda COST IMPACT / FUND SOURCE EXPUNDITURE RUQUIR11) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 10/26/2018 Draft Contract for Legal Services Minutes from 11/06/18 Finance Committee 33 34 TO: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Mayor Ekberg Public Safety Committee FROM: David Cline, City Administrator DATE: October 26, 2018 SUBJECT: Kenyon Disend, PLLC 2019-2020 Contract for Legal Services ISSUE The current contract for Legal Services provided by Kenyon Disend expires December 31, 2018. The proposed contract for 2019-2020 is attached. BACKGROUND The City of Tukwila contracts with Kenyon Disend for the following legal services: • General City Attorney Services; • Public Records Support Services; • Litigation and contested administrative proceedings; • Special services - specialized municipal law services authorized by the City; and • Paralegal Services. DISCUSSION Under the current and proposed contracts, general City Attorney 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 the staff involved. Hourly rates are attached to the proposed 2019 -2020 contract. The 2017 -2018 flat rate for general City Attorney and Prosecution services was $46,436 per month. Effective September 1, 2018 Kenyon Disend discontinued providing Prosecution Services and flat monthly rate for was reduced to $33,436. The 2019 -2020 contract increases the flat rate to $33,940 per month. This reflects a 1.5 percent increase to account for cost of living adjustments and modest increases in attorney billing rates. RECOMMENDATION The Committee is being asked to move this item forward to the consent agenda of the November 19, 2018 City Council Meeting for approval and authorization for execution by the Mayor. ATTACHMENTS Draft 2019-2020 Contract for Legal Services 35 36 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR LEGAL SERVICES Contract Number: 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. Scope 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 rates and methods 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, 2019, and ending December31, 2020, 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 Kenyon Disend 2019-2020 Page 1 of 7 37 benefits 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 either party giving the other party thirty (30) days written notice of its 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 underthis 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 Kenyon Disend 2019-2020 Page 2 of 7 38 incorporated by written amendments to this Agreement and with the consent of the City Council. 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 , 2018. CITY OF TUKWILA CONTRACTOR: KENYON DISEND, PLLC By: By: Mayor Allan Ekberg ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk Michael R. Kenyon Managing Member ADDRESS: 11 Front Street South Issaquah, Washington 98027 (425) 392-7090 Kenyon Disend 2019-2020 Page 3 of 7 39 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. 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 and executive sessions scheduled for regular meetings of the City Council; B. Prepare or review ordinances, resolutions, contracts, interlocal agreements, and other city documents or materials as requested; C. 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; D. 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; E. Except as set forth in Section 3, 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. Comprehensive Internet and remote access capability, including e-mail, linking Contractor's office with City Hall; I. Oversight and coordination of the City Clerk's Office; and J. Provide legal advice relating to the Public Records Act and public records requests. Kenyon Disend 2019-2020 Page 4 of 7 40 2. Attend Other Meetings as Requested. A. Attend special meetings of the City Council, meetings of the Committee of the Whole, other Committee meetings, and meetings of City Boards and Commissions upon request. Contractor shall be compensated for attendance at such meetings as set forth in paragraph 4 of Exhibit B. 3. Public Records Request Redaction and Processing. A. Review and redact records requested pursuant to public records requests and prepare exemption logs. Contractor shall be compensated for such services as set forth in paragraph 5 of Exhibit B. 4. Provide City Attorney services for litigation and contested administrative proceedings, which include but are not limited to: A. 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. 5. Provide Special Services, which include but are not limited to: A. Other specialized municipal law services, including but not limited to franchise negotiations; provided, however, that any such Special Services, other than franchise agreement negotiations, shall first be authorized by the City, and shall be subject to paragraph 3 of Exhibit B regarding compensation. 6. Provide paralegal services, which include but are not limited to: A. General paralegal support for the City Attorney. 7. 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. Kenyon Disend 2019-2020 Page 5 of 7 41 EXHIBIT B -- COMPENSATION AND METHOD OF PAYMENT 1. For 2019-20, for all general city attorney services set forth in paragraph 1 of Exhibit A, Contractor shall be paid a flat monthly fee of $33,940.00, 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, and for all other work billed hourly pursuant to this Agreement. 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 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 significant projects which require specialized knowledge and hours expended outside of the regular office hours for that attorney, including but not limited to franchise negotiations; and (d) all drug or other forfeiture matters collectively filed by or against the City. For each such Separate Matter, Contractor shall be paid its normal hourly rates for 2019 and 2020. Rates for 2019 shall be provided to the City by October 1, 2018. 3. Special Services, other than franchise agreement negotiations, shall first be approved by the City 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. 4. Attendance at other meetings as requested, as set forth in paragraph 2 of Exhibit Ashall be billed at Contractor's normal hourly rates for 2019 and 2020. 5. Public records request redaction and processing (including exemption logs) shall be billed at Contractor's normal hourly rates for 2019 and 2020. Kenyon Disend 2019-2020 Page 6 of 7 42 KENYON DISEND, PLLC 2019 HOURLY RATE SCHEDULE FOR CITY ATTORNEY SERVICES ATTORNEYS: Michael R. Kenyon Kim Adams Pratt David A. Linehan Hillary E. Graber Rachel B. Turpin Eileen M. Keiffer Ann Marie Soto Charlotte A. Archer Alexandra L. Kenyon Of Counsel: Doug F. Mosich PARALEGALS: Margaret C. Starkey Sheryl A. Loewen Mary L. Maughan Terry T. Curran Antoinette M. Mattox $350.00 $300.00 $300.00 $230.00 $215.00 $215.00 $215.00 $215.00 $165.00 $300.00 $145.00 $130.00 $130.00 $130.00 $120.00 Kenyon Disend 2019-2020 Page 7 of 7 43 44 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes November 6, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Peggy McCarthy, Vicky Carlsen, Bruce Linton, Chris Flores CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. MAYOR'S OFFICE CONTRACTS AND AGREEMENTS Staff is seeking Council approval of the following contracts and agreements: Prosecution Services Contract with the Walls Law Firm for a flat rate of $13,100 per month, which is a 3% reduction from their current monthly rate. Public Defense Services Contract with Kirshenbaum & Goss, Inc. for a flat rate of $30,600 per month for 2019 and 2020, which is a reduction from the 2017-2018 rate of $32,600. City Attorney Services Contract with Kenyon Disend for general City Attorney services, public records support, litigation and contested administrative proceedings, specialized services, and paralegal services in the amount of $33,940 per month. Lease Agreement with Sound Cities Association Renewed lease agreement with Sound Cities Association for office space in the 6300 Building for a base rent of $24,820.00 in 2019 and $25,550 in 2020. In addition to the base rent, SCA will pay leasehold excise tax at the rate of 12.84%. Provisions also include internet services for $100/month, payment of long distance and toll calls, and after-hours emergency callouts or other agreed upon project work at a flat rate of $150/hour. Lease Agreement with Alliance One Renewed lease agreement with Alliance One Management Receivables for space in the court area at a rate of $930/month, which represents a 3.33% increase. In addition to the monthly rent, Alliance One will pay leasehold excise tax at the rate of 12.84%. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. 45