HomeMy WebLinkAboutFIN 2020-02-10 Item 1B - RFP - Request for Proposals Responses for City Attorney ServicesCity of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance Committee
CC: Mayor Ekberg
FROM: David Cline, City Administrator
DATE: February 4, 2020
SUBJECT: Responses to Request for Proposals for City Attorney Services
The City advertised a Request for Qualifications and Proposals for City Attorney Services on December
18, 2019 and January 8, 2020 in the Seattle Times and the Daily Journal of Commerce as well as with
the King County Bar Association and the Minority Bar Associations.
Two firms submitted proposals for consideration: Kenyon Disend, PLLC and Ogden, Murphy, Wallace,
PLLC. Below is a brief summary of the proposed team and fee structure. The attached proposals
provide each firm's qualifications, philosophy and approach to providing attorney services to Tukwila.
Kenyon Disend, PLLC
Ogden Murphy Wallace, PLLC
Proposed City
Mike Kenyon, City Attorney
Kari Sand, City Attorney
Attorney
Lisa Marshall, Deputy City Attorney
Daniel Kenny, Assistant City Attorney
Team
Andrew Tsoming, Assistant City Attorney
Emily Miner, Associate City Attorney
Alexandra Kenyon, Assistant City
Attorney
Proposed
Monday: City Attorney
Monday: City Attorney
Compensation
Tuesday: City Attorney and Asst. City
10:30 AM — 7 PM
Onsite 24
Attorney
Tuesday: City Attorney
Hours per
Wednesday: Asst. City Attorney
9 AM — 5:30 PM
week &
Thursday: Asst. City Attorney
Attendance at
8 AM — 4:30 PM
Regular
Council
Meetings
$29,467 per month
$33,940 per month
$6,800 /wk. x52 weeks/12 months
Per Year @ 24
$407,280 per year
$353,604 per year
Hours per
week
Proposed
$46,840 per month
$51,133 per month
Compensation
($11,200 p/wk. x52 weeks/12 months)
40 hours per
week
Per Year @ 40
$562,080 per year
$613,596 per year
Hours per
week
Both firms have been invited to participate in the next phase of the proposal process which will include
interviews on February 14, 2020 and a presentation to City Council at the February 24, 2020
Committee of the Whole meeting. This item is then scheduled for action by the City Council at the
March 2, 2020 regular meeting.
ATTACHMENTS: Proposals
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January 23, 2020
Cheryl Thompson
City of Tukwila Mayor's Office
6200 Southcenter Blvd.
Tukwila, Washington 98188
Re: Response to Request for Qualifications and Proposals for City Attorney Services
Dear Ms. Thompson:
Thank you for the opportunity to respond to the City of Tukwila's Request for
Qualifications and Proposals for City Attorney Services. It's been our firm's distinct privilege to
serve Tukwila as City Attorneys since 1995. We would be honored to continue in that role, and
we look forward to the opportunity to meet with the Mayor, staff, and members of the City Council
to discuss the City's needs and our qualifications in greater detail.
As requested, please find enclosed our response material, and more specifically an original
and twelve copies of our Statement of Qualifications and Proposal, and an electronic copy provided
on a thumb drive.
Please let us know if you have any questions regarding the enclosed material, or any other
matter. Thank you again.
Very truly yours,
KENYON DISEND, PLLC
G
Michael R. Kenyo
Enclosure
cc: Andrew D. Tsoming
Lisa M. Marshall
Hillary Evans Graber
Alexandra L. Kenyon
Doug F. Mosich
Kenyon Disend, PLLC I The Municipal Law Firm I I I Front Street South I Issaquah, WA 98027-3820 I Tel: (425) 392-7090 I Fax: (425) 392-7071 1 www.kenyondisend.com
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RESPONSE TO REQUEST FOR
QUALIFICATIONS AND PROPOSALS
FOR CITY ATTORNEY SERVICES
January 23, 2020
Kenyon Disend, PLLC I The Municipal Law Firm I I I Front Street South Issaquah, WA 98027-3820 1 Tel: (425) 392-7090 I Fax: (425) 392-7071 I ..kenyondisend.com
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TABLE OF CONTENTS
I.
GENERAL INFORMATION AND CORE VALUES............................................................ I
1I.
CITY ATTORNEY AND TEAM............................................................................................2
Michael R. Kenyon — Proposed City Attorney.........................................................................2
Lisa M. Marshall — Proposed Deputy City Attorney................................................................2
Andrew D. Tsoming — Proposed Assistant City Attorney.......................................................2
Alexandra L. Kenyon — Proposed Assistant City Attorney......................................................3
OtherAttorneys........................................................................................................................3
HillaryEvans Graber....................................................................................................................
3
DougMosich................................................................................................................................
3
LaceyHatch......................................................................................................................4
LondiLindell....................................................................................................................4
Paralegal and Administrative Staff...........................................................................................4
III.
QUALIFICATIONS AND EXPERIENCE..............................................................................5
A. Municipal Legal Advice...................................................................................................5
B. Liability and Risk Management........................................................................................5
C. Litigation...........................................................................................................................6
D. Land Use...........................................................................................................................6
E. Eminent Domain and Right of Way Acquisition..............................................................8
F. Labor and Employment Law..........................................................................................10
G. Code Enforcement..........................................................................................................10
H. Telecommunications, Cable, Open Video, and Private Communications
Issues as Applied to Municipal Governments................................................................I
I
I. Public Construction Law.................................................................................................11
J. Open Public Meetings Act and Public Records Act............................................................11
IV.
METHOD OF PROVIDING SERVICES TO TUKWILA....................................................12
V.
PROPOSED COMPENSATION...........................................................................................13
VI.
ADDITIONAL STATEMENTS AND DISCLOSURES.......................................................13
A. Diversity, Equity and Inclusion......................................................................................13
B. Potential Conflicts of Interest with Tukwila...................................................................14
C. No Litigation in Which Tukwila, Tukwila Employee, or Another
Municipality was a Named Defendant............................................................................14
D. Disclosure of Pending Litigation or Judgments..............................................................14
VII.
REFERENCES......................................................................................................................14
d
I. GENERAL INFORMATION AND CORE VALUES
Mike Kenyon founded Kenyon Disend, PLLC in 1993 for the express purpose of serving
Washington cities. Over the years, we've proudly served as city attorneys and special counsel to
dozens of cities, as well as select counties and other public agencies.
We devote our practice exclusively to municipal law services. Importantly, we do not
represent developers or others who take positions adverse to cities. We never have, and we never
will.
Our firm currently serves as city attorneys for the cities of Cle Elum, Langley, North Bend,
Sammamish, Sultan, and Tukwila, and for the Town of Friday Harbor.
We also provide special counsel services, including litigation, eminent domain, land use,
shoreline permitting, public works, code enforcement, annexations, Growth Management Act
(GMA) compliance, labor and employment including proceedings before the Public Employment
Relations Commission (PERC), telecommunications and cable, public records, open meetings,
public contracting, and a wide variety of other legal services. Our current and recent clients for
special counsel services include Bainbridge Island, Bellevue, Bothell, Burien, Federal Way,
Kennewick, Kirkland, Lacey, Lakewood, Mercer Island, Municipal Research & Services Center
(MRSC), Olympia, Port Angeles, Puyallup, Renton, Richland, Ridgefield, Seattle, Shoreline, Sno-
Isle Libraries, Skykomish, Si View Metropolitan Park District, Spokane, Tacoma, Tenino,
Tumwater, the Washington State Bar Association, and Lewis and Mason Counties.
Our firm's foundation is public service, delivered with integrity, accountability, and
excellence. In providing that service, our firm has been committed for more than 26 years to three
Core Values: Access, Timeliness of Response, and Value.
➢ Access. Our accessibility has always been a hallmark of our service excellence. In the
early days of our firm, before the advent of the internet and cell phones, we outfitted our attorneys
and staff with pagers in order to enhance our accessibility. That commitment continues today with
availability in person at City Hall, and also via cell phone, e-mail, text, and Skype. All of our
attorneys, and all of our valued staff, work full-time on municipal law issues. Tukwila will have
timely access to legal services whenever needed.
➢ Timeliness of Response. We provide timely, thorough responses to legal issues facing
our clients. We move quickly to solve problems efficiently. Tukwila would not be well served if we
provided excellent work product at some point after it was actually needed. We work with our clients
to determine necessary deadlines in advance, and then ensure that our work product is delivered on
time.
➢ Value. Simply stated, you can count on us to deliver high -quality municipal legal services
for a reasonable fee. We're honest, straight -forward, and reliable. We provide our advice in plain
terms, and we've done so since 1993.
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I1. CITY ATTORNEY AND TEAM
If selected by Tukwila to continue to serve as Tukwila's City Attorney, Mike Kenyon
would lead our team and serve as the City Attorney. Lisa Marshall would serve as Deputy City
Attorney, and Andrew Tsoming and Alexandra Kenyon would continue as Assistant City
Attorneys. The Tukwila team would also be supported by a staff of three paralegals with a
combined 63 years of paralegal experience, 52 of which have been exclusively devoted to serving
our municipal clients.
Michael R. Kenyon — Proposed City Attorney.
Mike has been practicing law since 1986. In 1988, Mike first began to serve the City of
Tukwila and has limited his practice exclusively to municipal law since then. Over his career,
Mike has served as city attorney or special counsel for dozens of Washington cities.
Mike's practice includes all areas of municipal law, with a focus on eminent domain, land
use, open public meetings and public records issues, public nuisance abatement matters, and
constitutional law.
Mike is available to attend regular City Council meetings, and other special meetings and
study sessions as needed. During vacation or other leave, Deputy City Attorney Lisa Marshall
would step in. Mike will also continue to regularly be present for office hours and other services
at City Hall, and will otherwise remain available by phone and e-mail.
Lisa M. Marshall — Proposed Deputy City Attorney.
Lisa Marshall recently returned to Kenyon Disend specifically to play a key role in serving
the City of Tukwila. Lisa's legal career now spans 25 years, and began at Kenyon Disend where
she became a partner. Lisa was then recruited by a firm client to serve as the in-house City
Attorney. Lisa's career has included stints as the in-house City Attorney for Newcastle,
Bainbridge Island, and most recently Burien.
Lisa brings another layer of senior leadership, wise counsel, and deep experience in
municipal law to Tukwila. While well -versed across the municipal law spectrum, Lisa emphasizes
the fields of labor and employment, wireless communications, franchise agreements with wireless
carriers, drafting wireless codes, public records and open meetings issues, and land use and State
Environmental Policy Act (SEPA)/National Environmental Policy Act (NEPA) issues including
successful defense of cities' Shoreline Master Programs.
Andrew D. Tsoming — Proposed Assistant City Attorney.
Andrew has served as an Assistant City Attorney for Tukwila since joining Kenyon Disend
in 2018, and has worked on a wide range of issues and opportunities for the City as well as many
of our other clients. Andrew will continue in that important role. Andrew joined Kenyon Disend
after nearly eight years with the Seattle City Attorney's Office, including stints as a Deputy
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Prosecuting Attorney and Precinct Liaison Attorney with the City's Civil Division. As Precinct
Liaison Attorney, Andrew provided legal advice to numerous City departments including fast-
moving issues involving the Seattle Police Department, collaborated with City departments to
address community regulatory issues, and facilitated community and intergovernmental
communication and cooperation.
Alexandra L. Kenyon — Proposed Assistant City Attorney.
Alexandra currently serves as an Assistant City Attorney for Tukwila, supporting all City
departments and with an emphasis on public records issues and civil forfeiture matters. Alexandra
also serves as civil forfeiture counsel to Renton, Bellevue, and Kirkland. Now in her fifth year of
municipal law practice, Alexandra is the Cle Elum City Attorney where, among other projects, she
is managing the negotiation of multiple development agreements under which more than 2,000
residential units and nearly 30 acres of commercial and retail development are at issue. She also
handles other special projects for many Kenyon Disend clients, including public records and open
public meetings issues, land use, condemnation, code enforcement, and real and personal property
civil forfeitures.
Other Attorneys.
The proposed Kenyon Disend Team would also be able to call on the experience of Hillary
Evans Graber, Doug Mosich, Londi Lindell, and Lacey Hatch.
Hillary Evans Graber. Hillary brings 16 years of experience to Tukwila. Hillary
joined Kenyon Disend in 2017, after almost nine years in the Civil Division of the Snohomish
County Prosecuting Attorney's Office and four years in private practice. Her diverse practice at
Snohomish County included significant litigation and risk management roles, as well as counsel
and other services to the Human Resources department. Hillary's experience includes regular
advice on labor and personnel matters, managing Equal Employment Opportunity (EEOC) claims,
and litigating employment law cases. During her time with Kenyon Disend, Hillary has rewritten
personnel policies and routinely provided advice regarding employment issues including several
grievances involving Tukwila Police personnel, all of which were resolved without resort to
arbitration. Hillary also has experience negotiating labor agreements with unions and police guilds
on behalf of various municipalities.
Additionally, Hillary defended Snohomish County in a variety of civil litigation
matters, including land use, civil rights, employment, and tort claims in both state and federal
courts and on appeal. Her practice included extensive work with the Snohomish County Sheriff
rewriting and training on use of force and pursuit policies.
Doug Mosich. Doug Mosich is Of Counsel to the firm and began practicing
environmental law in 1988 as an Assistant Attorney General advising the Department of Ecology.
More recently, Doug served for more than 20 years in the Tacoma City Attorney's Office where
he represented and advised clients on a wide range of environmental matters. His work in Tacoma
included negotiating settlements for multi -party Superfund cleanups and contaminated sites,
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municipal stormwater permit appeals before the Pollution Control Hearings Board, resolving
federal enforcement actions, advising clients on the application of environmental laws on Tribal
land, and providing legal support to Tacoma's surface water, sanitary, and solid waste utilities.
While at Kenyon Disend, Doug has advised our clients on the full range of environmental
contamination and liability issues, including negotiated settlements of clean water act citizen suits.
Lacey Hatch. Lacey has been practicing law for nearly 16 years, with a particular
emphasis on land use. After beginning her career at Kenyon Disend, she was recruited by our
client, the City of Bellevue. For 10 years, Lacey was a senior assistant city attorney and senior
legal planner for the City of Bellevue, representing the land use, code enforcement, and utility
departments. As the senior legal planner to the City of Bellevue's Land Use Department, she was
embedded with land use, building, and environmental planners. During Lacey's earlier tenure with
Kenyon Disend, Lacey served as city attorney for the cities of Roslyn and Algona, and assistant
city attorney for Tukwila. In these roles, she handled a myriad of land use issues, including client
advising, project review, code drafting and interpretation, and litigation of all varieties of land use
matters. Lacey is available to us on a contract basis as needed.
Londi Lindell. Londi Lindell has practiced law for 36 years, with more than 20
years' experience as a City Attorney for various Washington cities and additional experience as a
city administrator and deputy city manager. Her principal areas of expertise include employment
law and labor relations, as well as land use. Londi has extensive experience advising cities on
employment discipline and discharge issues. She has used interest -based bargaining in multiple
labor negotiations with great success, and has established excellent working relationships with the
American Federation of State, County and Municipal Employees (ASCME), Teamsters, and
various police and fire bargaining units. Londi has also negotiated, drafted, and handled
grievances regarding various collective bargaining agreements with multiple unions, and regularly
appeared in PERC cases. She has also performed numerous investigations into allegations of
discrimination, sexual harassment, and other employee claims. Londi is available to us on a
contract basis as needed.
With respect to the notation in the RFP to describe special training, all Kenyon Disend
attorneys attend (and present) training on legal and other issues affecting Washington cities. These
training opportunities occur at seminars and conferences sponsored by, among others, the
Washington State Association of Municipal Attorneys (WSAMA), Association of Washington
Cities (AWC), and Washington Cities Insurance Authority (WCIA).
Paralegal and Administrative Staff.
Our attorneys are able to provide high -quality and timely legal services to our clients only
because of the valuable expertise contributed by our efficient and detail -oriented professional
paralegals and staff.
In terms of our staff s resumes, Margaret Starkey leads our Staff Team. Margaret has been
a paralegal for 27 years, including the past 25 years with Kenyon Disend. Sheryl Loewen has been
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a paralegal for 26 years, the last 22 of which have been with Kenyon Disend. Antoinette Mattox
has been a paralegal for 10 years, and is now in her fifth year with the firm.
Another critical member of our Staff Team is Terry Curran, our Client Services
Coordinator. Terry has been with Kenyon Disend for the past 19 years. Terry is available full-
time to respond to client inquiries, and to ensure that our clients' telephone calls are professionally
answered and appropriately addressed. If, for example, Mike Kenyon is not immediately available
to take a Tukwila call or respond to a Tukwila e-mail, Terry will find another attorney to handle it
right then and there.
As with our attorneys, our paralegals devote 100% of their time to municipal law. Our
staff offers substantial value to our clients, routinely performing services for which other firms
would use attorneys at attorney billing rates. The work of our experienced staff adds great value
to our clients.I
III. QUALIFICATIONS AND EXPERIENCE
This firm exists solely to provide timely, professional, and comprehensive legal services to
Washington cities and other public agencies. The following briefly describes a portion of our more
recent experience:
A. Municipal Legal Advice. We currently provide these services on a daily basis to the cities
and towns where we serve as the City Attorney, and to many others on a regular basis where we serve
as special counsel. Our experience includes advice and counsel to mayors, city managers and
administrators, city councils, planning commissions, civil service commissions, parks boards, and
many other advisory bodies. In addition, our service regularly entails advice and counsel to staff in
all city departments.
B. Liability and Risk Management. All of our clients are members of a risk management
pool, and most like Tukwila are members of WCIA. We've worked closely with staff at WCIA
since its formation, and have developed long-standing working relationships there.
Lisa Marshall, proposed as Deputy City Attorney, served as Risk Manager and WCIA
Delegate for both Burien and Bainbridge Island. Lisa managed training of City staff on risk
management requirements including adequate background checks for employees working with
children and vulnerable populations, prevention of workplace harassment, and policies regarding
employees with Commercial Drivers Licenses (CDLs). Lisa also created templates for contracts,
facility leases, and event permits containing appropriate indemnification and hold harmless
language, and implemented processes to ensure the consistent use of those templates.
As described above, all of our attorneys regularly attend (and present) training sponsored
by WCIA, AWC, WSAMA, and other organizations focusing on municipal issues. We then
provide updates on critical issues, specifically including those where tort or other monetary
1 As just one example, our staff logged nearly 1,000 hours working to support the property acquisitions and related
work needed for Tukwila's Public Safety Project.
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liability may exist, through various informal (e.g., e-mail updates) and formal mechanisms (e.g.,
formal training sessions for staff and Council).
C. Litigation. In addition to our regular general counsel services, please consider the
following representative sampling of cases involving general municipal issues in which we have
served as counsel:
• Thurston County v. Cities of Olympia, Lacey, Tumwater, Yelm and Tenino, 193 Wn.2d
102, 440 P.3d 988 (2019). Thurston County sued all of the incorporated cities in the County for
medical costs incurred by felony inmates arrested by City police officers and held in the County jail.
An Attorney General Opinion expressly declared that the Cities were responsible for those medical
costs. On direct review, the Supreme Court affirmed the summary judgment order that we obtained
on behalf of the Cities declining to follow the Attorney General Opinion and assigning those medical
costs to counties, rather than cities, statewide.
• Burns, et al. v. Seattle, et al., 161 Wn.2d 129, 164 P.3d 475. As lead counsel in
superior court and on direct review in the Washington Supreme Court, we successfully defended the
cities of Burien and Tukwila, and coordinated the joint defense efforts of all other suburban cities
named in the suit, in a class action attempt to invalidate fees paid by Seattle City Light to suburban
cities pursuant to a franchise fee agreement. The Supreme Court ruled in our favor, affirming the
Superior Court's summary judgment order of dismissal.
• Primm v. Medina, 160 Wn.2d 268, 157 P.3d 379. In a case where the Washington
Supreme Court on its own motion removed this case from the Court of Appeals in order to rule
directly, we successfully resisted a challenge to the authority of cities to conduct municipal court
services by interlocal agreement.
• Garrett v. Tukwila, 165 Wn.2d 152 196 P.3d 681. In another case where the
Washington Supreme Court bypassed the Court of Appeals, Mr. Garrett appealed a conviction
following a jury trial in Tukwila Municipal Court, alleging that his state and federal constitutional
rights to jury trial were violated because certain jurors resided outside of the Tukwila city limits.
The King County Superior Court granted Mr. Garrett's appeal and reversed the conviction. On
direct review, the Washington Supreme Court reversed and ruled in Tukwila's favor, holding that
the constitution is satisfied when all jurors reside in King County.
D. Land Use. A substantial portion of our practice involves land use matters, including
drafting ordinances, permit processing, administrative hearings, negotiating development agreements,
and litigation.
We regularly provide advice and guidance to city councils, planning agencies, and staff
throughout the review and adoption process. We have significant knowledge and experience working
with SEPA, the GMA, the Shoreline Management Act, zoning codes, and other key statutes and
regulations. The firm has successfully handled numerous matters before the Growth Management
Hearings Board, the Shoreline Hearing Board, the Pollution Control Hearings Board, and other state
appellate boards, as well as LUPA cases in counties around the state.
The firm has been responsible for the conduct of more than 75 contested land use matters over
the past several years. Mike Kenyon and other current Kenyon Disend lawyers were involved in all
of the cases listed below. The first four listed cases were all decided in 2018 or 2019, and all were
handled by Mike Kenyon and Hillary Graber:
• Miller v. City of Sammamish, 447 P.3d 593 (2019). In a unanimous published
opinion, Division One of the Court of Appeals upheld the City of Sammamish's code enforcement
action against homeowners who had systematically filled in and destroyed regulated wetlands on their
property. The Court affirmed the City's $15,000 penalty for environmental damage, as well as
additional daily penalties, rejecting multiple constitutional and other defenses raised by the property
owners.
• Futurewise v. City of Ridgefield, et al., Court of Appeals No. 50406-5-II (2019). We
served as counsel to the City of Ridgefield in successfully resisting a challenge from Futurewise
seeking to overtum the City's annexation of I I I acres, and the associated zoning increasing the
density of the annexed property. In January 2019, the Court of Appeals affirmed the superior court's
decision in Ridgefield's favor.
• Clark County v. Friends of Clark County, et al., Court of Appeals Consolidated Nos.
508-47-8-II and 51745-1-II (2019). We represented the City of Ridgefield as an intervenor in a case
relating to Clark County's Comprehensive Plan. The Court of Appeals agreed with the City's
argument, and reversed the Growth Management Hearings Board's ruling that the County's actions,
as related to Ridgefield's Urban Growth Area (UGA), were out of compliance with the Growth
Management Act.
• Neighbors Against Annexation v. Snohomish County Boundary Review Board, Court
of Appeals No. 76936-7-I (2018). A community organization challenged the annexation by the City
of Sultan of 80 acres of property. We assisted the City with the annexation itself, and represented the
City in the successful defense of the community organization's appeals, first to the Boundary Review
Board, then in Superior Court, and ultimately in the Court of Appeals. The Court's unanimous
decision found that Sultan's annexation was consistent with the GMA and also satisfied the other
statutory criteria necessary for a successful annexation.
• Puget Western, Inc. v. City of North Bend, CPSGMHB No. 16-3-0001 (2016). North
Bend currently hosts the only commercial truck stop and service center in King County. The truck
stop is along I-90, and I-90 is defined as an essential public facility (EPF) under state law. The
proponent for a second truck stop challenged the City's zoning regulation prohibiting additional truck
stops, citing to studies prepared by WSDOT and other authorities to support the argument that
additional commercial truck stops were necessary to support and serve freight mobility along I-90.
In a 3 — 0 decision, the Growth Management Hearings Board rejected this argument, and upheld the
validity of the City's ordinance under the GMA.
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• Kinderace, LLC, v. City of Sammamish, 194 Wn. App. 835,379 P.3d 135 (2016), cent
denied, 137 S.Ct. 2338, 198 L.Ed.2d 755 (2017). In this case, we successfully defended the City's
denial of a Reasonable Use Exception (RUE) for a parcel encumbered by a stream and its buffers.
The property owner had previously utilized a portion of the parcel as a storm water detention pond in
order to accommodate commercial development on an adjoining parcel, and sought to use the
remainder by means of an approved boundary line adjustment. The developer appealed the RUE
denial under LUPA, and also filed a separate "takings" lawsuit. We successfully defended the City's
position before the Hearing Examiner, the King County Superior Court, the Court of Appeals, the
Washington State Supreme Court, and the United States Supreme Court.
0 BD Lawson Partners, LP et al. v. Central Puget Sound Growth Management
Hearings Board, 65 Wn. App. 677, 269 P.3d 300 (Div. I 2011); rev. denied 173 Wn.2d 1036
(2012). In this complex land use decision, we represented the City of Black Diamond when it
issued two Master Planned Development (MPD) Permit approvals for a total of 6,000 residential
units and over one million square feet of commercial space. A citizen group challenged the MPD
Permit approvals before both the Growth Management Hearings Board and in superior court. After
the Growth Management Hearings Board initially ruled that it had jurisdiction over the case, the
Court of Appeals adopted our arguments and reversed, ruling that project opponents were barred
from collaterally attacking prior legislative policy decisions during a permit appeal. The Supreme
Court denied review.
• Toward Responsible Development v. City of Black Diamond. In this companion
case to BD Lawson Partners, we also defended a LUPA petition challenging the City's approval
of the same two MPD Permits and the adequacy of the Final Environmental Impact Statements on
which they were based. The LUPA petition included civil rights claims under 42 U.S.C. §1983.
Part of the case was removed to federal court, and the LUPA claims remained in state court. The
federal court dismissed that portion of the case on our motion, the Superior Court also dismissed
the LUPA petition.
• Heller v. Bellevue, 147 Wn. App. 46, 194 P.3d 264. We defended a City stop -work
order issued to halt work on a commercial remodel in excess of that allowed by the applicable
building code. We assumed the City's defense on appeal, after the trial court had ruled against the
City on the property owner's LUPA petition which invalidated the stop -work order. On appeal,
we persuaded the Court of Appeals to reverse the trial court's erroneous ruling, and obtained a
published decision reaffirming cities' rights to invalidate improperly granted building permits.
E. Eminent Domain and Right of Way Acquisition. Over the recent past, we have been
involved in the acquisition of dozens of properties by successful negotiation, and dozens more by
eminent domain litigation. Mike Kenyon has always served as our firm's lead on condemnation
matters. Representative recent cases include:
• Kirkland Fire Station 24 Project. In a unanimous decision in favor of the City of
Kirkland, the Court of Appeals affirmed the trial court's adjudication of public use and necessity
related to property acquired through eminent domain for use as a new fire station and fire training
facility. The Washington State Supreme Court unanimously denied the subsequent Petition for
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Review filed by a national drug store chain that vigorously opposed the site selected by the City
Council for the new fire station.
• Bellevue NE 4`' Extension Improvements. We represented the City of Bellevue
regarding this important transportation improvement project that involved acquisitions in eminent
domain from several significant commercial property owners including Best Buy, Home Depot,
the Port of Seattle, Sound Transit, and Burlington Northern Railroad.
• Bellevue 1201h Avenue NE Improvements. We successfully represented the City of
Bellevue in completing the Phase 1 and Phase 2 acquisitions. These acquisitions involved
multiple petitions in eminent domain impacting operating commercial and retail properties,
including luxury auto dealerships and fully developed office parks.
• Bellevue — Bellefield Pump Station Capacity Improvement Project. We represented
the City of Bellevue in successfully acquiring by eminent domain property rights necessary for
the Public Works Department's sewer improvement project.
• City of Bellevue Spring District Project. We advised the City of Bellevue on issues
connected with the dedication of property necessary for construction of Spring Boulevard to serve
and provide access to the adjacent REI headquarters, Sound Transit light rail stop, and related
projects in the Spring District.
• Puyallup — 39" Avenue Extension. We successfully negotiated with five
commercial property owners for multi -million dollar total acquisitions necessary for construction
of a new five lane street in the heart of the South Hill retail corridor, and obtained a highly
favorable verdict after trial with the sixth property owner. The project involved complex
negotiations with WSDOT and private property owners in order to resolve multi -million dollar
claims by the property owners that the project substantially impaired access to and from a state
route and city streets. Our services also resulted in the successful relocation and retention within
the City of an operating bank and large home improvement center.
• Newcastle — Coal Creek Parkway and Transit Center Projects. We represented
Newcastle in this regionally significant project involving the completion of a four -lane arterial,
which provides substantial congestion relief for traffic that would otherwise use Interstate 405.
0 Sammamish — 244`' Avenue Extension Project. We represented Sammamish in the
acquisition by both voluntary negotiation and eminent domain of four parcels to complete this
important new north -south arterial necessary to relieve significant peak hour traffic congestion.
• Tukwila Public Safety Plan Projects. We of course represented the City of Tukwila
in the acquisition and condemnation of 13 separate properties to facilitate the Public Safety Project.
While former Kenyon Disend attorneys played key roles in our work, they called on Mike Kenyon
to take the lead or consult on the most sensitive or controversial aspects. Mike Kenyon and
Margaret Starkey developed and implemented our firm's standard operating procedures for
eminent domain litigation. Those procedures were utilized for the PSP acquisitions.
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F. Labor and Employment Law. Our firm has substantial experience with employment
litigation, employment investigations (e.g., workplace harassment complaints), union negotiations
and representation petitions, grievance and disciplinary matters, PERC hearings, and Civil Service
Commission matters. We have served as bargaining representative for Black Diamond, Duvall,
DuPont, North Bend, and Orting in collective bargaining with police, fire and general bargaining
units.
As city attorneys and special counsel to dozens of cities, all of our attorneys are regularly
engaged with various aspects of human resources and employment law and the negotiation and
implementation of collective bargaining agreements. With respect to union negotiations, certain
of our clients prefer us at the table, and others prefer that we draft and revise contracts and
otherwise participate in a background role.
As described in the lawyer biography sections at pages 3 and 4, above, both Hillary Graber
and Londi Lindell have extensive and particularized experience over many years in these specific
areas.
G. Code Enforcement. As city attorneys, our firm has extensive experience in code
enforcement, both at the district court and superior court levels. We negotiate resolutions in the
vast majority of code enforcement matters we encounter every year. In the unusual cases where
negotiations are unsuccessful, we are well equipped to litigate these issues. In addition to our
long-standing code enforcement work for Tukwila, three significant cases include:
• City of Burien v. VIP Lounge, Inc. In an abatement action involving a chronic
nuisance at an unlicensed business that experienced multiple episodes of criminal activity and
repeated noise violations, the trial court granted our initial request for a Temporary Restraining Order
and our subsequent Motion for Summary Judgment and a Permanent Injunction, enjoining the
business from operating anywhere within the City. We successfully obtained an Order obligating
both the business and the property owner to pay for the City's costs of abatement and legal expenses,
as well as daily penalties set forth in City code. The Court further ordered the property to remain
closed to the public for a period of one year.
Between 2017 and December 2019, our firm has obtained judgments totaling nearly
$550,000.00 on various code enforcement cases for the City of Burien.
• Burien v. Lipscomb. The City filed a lawsuit for nuisance abatement against the
property owners of an apartment complex for multiple violations of the municipal code, housing code,
and building code. We obtained an injunction requiring the evacuation and relocation of the
apartment tenants, and also recovered $200,000 for the City in costs and penalties.
• Bothell v. Suarez and Flanagan. Similar to the Burien v. Lipscomb matter, the City
filed a lawsuit for nuisance abatement against the property owners of an apartment complex for
multiple violations of the municipal code, housing code, and building code. The City obtained an
injunction and other relief, including the evacuation and relocation of the apartment tenants. The
10
apartment complex was then rehabilitated in compliance with all applicable code provisions. The
City prevailed on summary judgment, and the Court entered a Judgment in favor of the City and
against the property owners for almost $90,000 in costs and penalties. The Court of Appeals affirmed
the Judgment in the City's favor.
H. Telecommunications Cable Open Video and Private Communications Issues as
Applied to Municipal Governments. We have advised numerous cities on telecommunications,
cable, and private communication issues and related right-of-way management issues. Lisa
Marshall brings a wealth of knowledge to our firm in this area, based in part on her experience
working for T-Mobile and subsequent related legal services for cities. We regularly draft and
negotiate franchise agreements and agreements for use of a city's institutional network. We are
routinely involved in negotiation of cable and telecommunication franchise agreements and site
lease agreements for placement of wireless communication facilities, as well as other common
carrier public rights -of -way issues.
I. Public Construction Law. Given the breadth of our municipal practice, we are routinely
involved with the pre -design, design, construction, and maintenance of public works projects of many
sizes and types. Our experience includes numerous street projects, a waste water treatment plant
reconstruction and expansion, acquisition and construction of several city halls and community
centers, and much more. A few representative examples of the firm's experience include:
• Titan Earthwork, LLC v. City of Federal Way, 200 Wn. App. 746 (2017). After a
subcontractor struck a PSE powerline while excavating as part of a City of Federal Way
intersection improvement project, the City's general contractor sued the City seeking to recover
the money that it paid to PSE as damages. We represented the City and prevailed at summary
judgment and on appeal.
• We were counsel for multi -million dollar acquisitions and property assemblages for
significant downtown redevelopment projects in Burien, Tukwila, Kenmore, and Sammamish.
0 We served as counsel for the City of Tukwila on the Sound Transit Light Rail
project which involved the construction of a 1.6 mile light rail line and light rail station in Tukwila.
The project required development of multiple agreements for the use and occupancy of the public
right-of-way for construction and operation of the light rail line and related relocation of public
utilities.
• We served as counsel to several cities on the formation of various street and utility
local improvement districts, as well as on subsequent appeals of assessments and reassessments,
and foreclosures of properties with delinquent assessments.
J. Open Public Meetings Act and Public Records Act. Given the exclusive municipal
nature of our practice, we advise clients on a routine basis regarding the application of the Open Public
Meetings Act (OPMA) and the Public Records Act (PRA), and their exceptions and exemptions. Our
finn provides regular training to public agencies and public officials regarding these Acts, and
members of our firm serve as guest lecturers on these issues.
11
. •
Mike Kenyon represents MRSC on public records issues and litigation, and Alexandra
Kenyon was selected by the Sno-Isle Libraries to serve specifically as its public records counsel.
Alexandra has been assisting Tukwila on public records matters for several years. A few
representative examples are set forth below, all of which included substantial briefing and oral
argument in the Court of Appeals by Mike Kenyon:
• Block v. City of Gold Bar. Plaintiff alleged that the City violated the PRA by failing
to properly respond to her requests for public records. The case was dismissed on the City's
motion to dismiss for Plaintiff's failure to comply with the Court's order for sanctions. The trial
court's dismissal was affirmed by Division One of the Court of Appeals.
0 Block, et al. v. City of Gold Bar and Gold Bar City Council. Plaintiffs claimed that
the City Council violated the OPMA by unlawfully voting during an executive session. This case
was dismissed on the City's motion for summary judgment and the dismissal was upheld by
Division One of the Court of Appeals.
• Block v. City of Gold Bar, 189 Wn. App. 262 (Div. 12015). Plaintiff claimed the
City violated the PRA by failing to adequately search for public records, improperly redacting
and withholding records under the attorney -client and work product privileges, and failing to
adequately identify exempt records on the City's exemption logs. The case was dismissed on
cross -motions for summary judgment. Division One of the Court of Appeals upheld the dismissal
in its published opinion.
• Forbes v. Gold Bar, 171 Wn. App. 857, 288 P.3d 384 (2012). Citizen alleged
violations of the PRA, claiming the City of Gold Bar failed to timely respond to her requests for
public records. Plaintiff also alleged that purely personal e-mails of the City's elected officials
maintained in personal e-mail accounts were subject to disclosure under the PRA. The superior
court entered summary judgment in the City's favor, plaintiff appealed, and the Court of Appeals
affirmed that dismissal.
• Clawson v. Corman. A sitting City Councilmember (and practicing attorney) filed
suit against fellow Councilmembers, alleging violations of the OPMA. We successfully moved to
dismiss this case on summary judgment. The plaintiff Councilmember appealed the dismissal, and
the Court of Appeals affirmed the superior court's order of summary judgment in favor of our
Councilmember clients.
IV. METHOD OF PROVIDING SERVICES TO TUKWILA
Fundamentally, Kenyon Disend will continue to provide legal services to Tukwila by
continuing to adhere to our long-standing Core Values: Access, Timeliness of Response, and
Value. To all of us at Kenyon Disend, adherence to and implementation of our Core Values has
been the singular touchstone of our success and longevity. If Mike is not available, Lisa will be;
if Lisa is not available, Andrew or Alexandra will be.
12
50
For Tukwila, this means that we will remain readily accessible and responsive to the legal
needs of the Mayor, City Council, and Staff. We'll always provide our best legal advice, based on
our best judgment and analysis. We'll do so at times knowing that some may be pleased and others
displeased with that advice, but we'll nonetheless give you our best legal advice. In addition to
our legal advice, we'll also provide counsel on the many practical and "business" decisions that
the City faces, and the interrelated risk analysis associated at times with those practical and
business decisions.
We'll continue to do so from our office suite in the 6300 Building, our law office in
Issaquah, and from our home offices in a timely and professional manner. We'll respond to legal
services requests as needed, and we'll take the initiative as needed.
V. PROPOSED COMPENSATION
We are proud of our long history of service to Tukwila, and equally proud of our long
history of staffing the City Attorney's office with talented and capable lawyers and professional
staff. With this proposal, Kenyon Disend is proposing Mike Kenyon and Lisa Marshall and their
combined 60-years of experience to lead our team, without any increase in fees.
Kenyon Disend currently provides attorney coverage at City Hall for at least 24 hours
weekly as well as other attorney hours worked offsite, for a monthly flat fee of $33,940. Our
contract also provides for hourly billings on litigation and other defined matters. We are not
proposing any adjustment to our current contract to continue to provide the current level of service.
Staffing of the City Attorney office 40 hours weekly would constitute a 60% increase in
the level of service. For this increased level of service, we would propose a 38% increase in the
monthly flat fee to $46,840. No other changes are proposed.
Finally, we remain open to negotiating other fee arrangements that the City may find
preferable (e.g., 32 hours weekly).
VI. ADDITIONAL STATEMENTS AND DISCLOSURES
In further response to the City's Proposal Requirements, Kenyon Disend makes the
following additional statements and disclosures:
A. Diversity, Equity and Inclusion. Active support for diversity, equity, and inclusion is
a hallmark in Tukwila, and also across our entire client base of cities and other public agencies.
We support those values because it's the right thing to do, and because it helps us to better
understand and serve our clients. We affirmatively welcome and embrace different viewpoints
and approaches. Internally, we practice "safe communications" at regular meetings of all firm
personnel — anyone can say virtually anything to anybody else, as long as it's done professionally
and respectfully. Disagreement is not a vice or reason for concern. Our current firm demographics
reflect various ethnic backgrounds, and we strive in our hiring practices to reach out to candidates
of all types with a broad range of legal and non -legal experience.
13
51
B. Potential Conflicts of Interest with Tukwila. Our representation of other existing
clients does not cause or create any known conflicts of interest with Tukwila.
C. No Litigation in Which Tukwila Tukwila Employee, or Another Municipality was a
Named Defendant. Kenyon Disend has never filed litigation in which Tukwila or a Tukwila
employee was a named defendant, or in which another municipality was a named defendant.
D. Disclosure of Pending Litigation or Judgments. There is no pending litigation against
Kenyon Disend or its attorneys, nor have any judgments been rendered against Kenyon Disend or
its attorneys, in any matter relating to professional activities of the firm. With respect to complaints
filed with the Washington State Bar Association, a resident of the City of Gold Bar named Anne
Block filed complaints against current and former Kenyon Disend attorneys related to our
successful defense of her many lawsuits against Gold Bar and its officials. Anne Block has never
been a client of our firm. All of her complaints were summarily dismissed by the Bar Association,
and both the state and federal courts have entered "vexatious litigant" orders against her.
VII. REFERENCES2
Ken Hearing
North Bend Mayor (2005 — 2020)
Phone: (425) 681-7899
E-Mail: Khearina2yahoo.com
Kevin Raymond
Kirkland City Attorney
123 Fifth Avenue
Kirkland, Washington 98033
Phone: (425) 587-3031
E-mail: KRaymond2wkirklandwa.aov
Flannary Collins
MRSC Managing Attorney
Municipal Research & Services Center
2601 4th Avenue, Suite 800
Seattle, Washington 98121-1280
Phone: (206) 625-1300
E-mail: fcollins(a mrsc.org
Duncan Wilson
Friday Harbor City Administrator
P.O. Box 219
60 Second Street
Friday Harbor, Washington 98250
Phone: (360) 378-2810, Ext. 226
E-mail: duncanw a,fridayharbonora
Tim Callison
Langley Mayor
P.O. Box 366
112 Second Street
Langley, Washington 98260
Phone: (360) 221-4246, Ext. 12
E-mail: mayor@,,langle wa.orQ
Z We would have included recently retired North Bend City Administrator Londi Lindell and former Burien City
Attorney Lisa Marshall as references with substantial recent experience retaining our firm. Both Londi and Lisa,
however, are now part of our team proposed here to serve Tukwila.
14
52
Michael R. Kenyon
phone: 425.392.7090 x 2197
Mike@KenyonDisend.com
Paralegal Contact
Margaret@KenyonDiscnd.com
Experience & Practice Area
Mike Kenyon co-founded Kenyon Disend, PLLC in 1993. Mike's practice includes all areas of municipal law, with a focus on eminent
domain, land use, open public meetings and public records issues, public nuisance abatement matters, and constitutional law. Mike
serves as the Acting City Attorney for Tukwila, and as the City Attorney for Sammamish, Langley and Friday Harbor.
Education
University of Puget Sound, J.D., cum laude, 1985
Western Washington University, B.A., cum laude, 1981
Admitted to Practice
Washington, 1986
U.S. District Court, Western District of Washington, 1986
U.S. District Court, Eastern District of Washington, 2009
U.S. Court of Appeals, Ninth Circuit
United States Supreme Court, 1992
Professional Activities
Washington State Association of Municipal Attorneys
Washington State Bar Association
King County Superior Court Arbitrator
Municipal Courts Options Group
King County Executive's Task Force on Inquest Proceedings
The Dean's Advocacy Council, Western Washington University
Athletic Director's Council, Western Washington University
Frequent guest speaker and lecturer on municipal issues
Michael R. Kenyon
Kenyon Disend, PLLC
11 Front Street South
Issaquah, Washington 98027-3820
www.kenyondisend.com
53
Lisa M. Marshall
phone: 425.392.7090 x 2195
Lisa@KenyonDisend.com
Paralegal Contact
Margaret@KenyonDisend.com
Experience & Practice Area
Lisa began her legal career in 1994. After 10 years with Kenyon Disend, Lisa accepted an in-house City Attorney position. She has
served in that capacity for the cities of Newcastle, Bainbridge Island, and most recently Burien. Lisa has broad experience in all
aspects of municipal law, with a particular emphasis on negotiating labor agreements, dealing with a broad range of employment
issues including significant experience with the Americans with Disabilities Act and the Family Medical Leave Act, land use and
SEPA/NEPA issues, franchise agreements with wireless carriers, drafting wireless codes, public records, and open meeting issues.
In addition, Lisa worked for T-Mobile for two years negotiating contracts for the network engineering division of the company. Prior
to becoming an attorney, Lisa spent five years at the Boeing Company negotiating defense contracts with the U.S. Navy.
Education
University of Puget Sound School of Law, J.D., cum laude, 1994
Pacific Lutheran University, B.A., cum laude, 1985
Admitted to Practice
Washington, 1994
U.S. District Court, Western District of Washington, 1995
Professional Activities
Washington State Association of Municipal Attorneys
Washington State Bar Association
2012 Amicus Award, Northwest Immigrant Rights Project
Lisa M. Marshall
Kenyon Disend, PLLC
11 Front Street South
Issaquah, Washington 98027-3820
54
www.kenyondisend.com
Andrew D. Tsoming
phone: 425.392.7090 x 2211
Andrew@KenyonDisend.com
Paralegal Contact
Margaret@kenyondisend.com
Experience & Practice Area
Andrew joined Kenyon Disend after nearly eight years with the Seattle City Attorney's Office, including stints as a Deputy Prosecuting
Attorney and Precinct Liaison Attorney with the City's Civil Division. As Precinct Liaison Attorney, Andrew provided legal advice to
numerous City departments including fast-moving issues involving the Seattle Police Department, collaborated with City
departments to address community regulatory issues, and facilitated community and intergovernmental communication and
cooperation.
Andrew now serves numerous Kenyon Disend municipal clients on the full range of municipal law issues and opportunities, and as
an Assistant City Attorney for Tukwila.
Education
Seattle University School of Law, J.D., cum laude, 2010
University of Washington, B.A., 2007
Admitted to Practice
Washington, 2010
Professional Activities
Washington State Association of Municipal Attorneys
Washington State Bar Association
William L. Dwyer Inns of Court
Asian Bar Association of Washington
Andrew D. Tsoming
Kenyon Disend, PLLC
11 Front Street South
Issaquah, Washington 98027-3820
www.kenyondisend.com
55
Alexandra L. Kenyon
phone: 425.392.7090 x 2193
Alexandra@KenyonDisend.com
Paralegal Contact
Antoinette@KenyonDisend.com
Experience & Practice Area
After graduating cum laude from Seattle University School of Law and becoming a member of the Washington State Bar in 2015,
Kenyon Disend welcomed Alexandra as an associate attorney. While in law school, Alexandra served as a Law Clerk at Kenyon
Disend and worked on a wide range of municipal law issues. Alexandra handles special projects for many Kenyon Disend clients,
with an emphasis on public records and open public meetings issues, condemnation, code enforcement, and real and personal
property civil forfeitures. She currently serves as the Cle Elum City Attorney and as an Assistant City Attorney for Tukwila.
Education
Seattle University School of Law, J.D., cum laude, 2015
University of Washington, B.A.. 2011
Admitted to Practice
Washington, 2015
Professional Activities
Washington State Association of Municipal Attorneys
Washington State Bar Association
Alexandra L. Kenyon
Kenyon Disend, PLLC
11 Front Street South
www.kenyondisend.com
Issaquah, Washington 98027-3820
56
Hillary E. Graber
phone: 425.392.7090 x 2206
Hillary@KenyonDisend.com
Paralegal Contact
Sheryl@KenyonDisend.com
Experience & Practice Area
Hillary joined Kenyon Disend after practicing eight years as a deputy prosecuting attorney in the Civil Division of the Snohomish
County Prosecuting Attorney's Office and four years in private practice. Her diverse practice at Snohomish County included both
litigation and risk management roles. She defended the County in a variety of civil matters, including land use, civil rights,
employment, and tort claims in both state and federal courts and on appeal.
While in law school at the University of Washington, Hillary worked for the Washington State Attorney General and the King County
Prosecuting Attorney's Office. She also had an externship with Supreme Court Justice Bobbe Bridge. After law school, Hillary spent
one year clerking for Superior Court Judge Gerald L. Knight.
Hillary now litigates on behalf of numerous Kenyon Disend municipal clients and serves as the City Attorney for Sultan.
Education
University of Washington School of Law, J.D., 2004
Colby College, B.A., magna cum laude, 2001
Admitted to Practice
Washington, 2004
U.S. District Court, Western District of Washington, 2005
Ninth Circuit Court of Appeals, 2007
Professional Activities
Washington State Association of Municipal Attorneys
Washington State Bar Association
Mother Attorneys Mentoring Association of Seattle
WSBA Disciplinary Committee, Chair of Review Committee 1
WSBA Civil Litigation Rules Drafting Taskforce, Member
WSBA Court Rules and Procedures Committee, Chair (2012-2015)
Hillary E. Graber
Kenyon Disend, PLLC
11 Front Street South
Issaquah, Washington 98027-3820
www.kenyondisend.com
57
Doug F. Mosich
Of Counsel
phone: 425.392.7090
Doug@Kenyondisend.com
Paralegal Contact
Margaret@KenyonDisend.com
Experience & Practice Area
Doug Mosich is Of Counsel to the firm and began practicing environmental law in 1988, as an Assistant Attorney General advising the
Department of Ecology. More recently, Doug served in the Tacoma City Attorney's Office where he represented and advised clients
on a wide range of environmental matters. His work in Tacoma included negotiating settlements for multi -party Superfund
cleanups and contaminated sites, municipal stormwater permit appeals before the Pollution Control Hearings Board, resolving
federal enforcement actions, advising clients on the application of environmental laws on Tribal land, and providing legal support to
Tacoma's surface water, sanitary and solid waste utilities. Doug has also negotiated settlements of clean water act citizen suit actions
for public clients.
Edification
Seattle University School of Law, J.D., 1988
Seattle Pacific University, B.A., 1978
Admitted to Practice
State of Washington, 1988
United States District Court for Western District of Washington, 1989
Professional Activities
Washington State Bar Association
Volunteer, Northwest Justice Project
Doug F. Mosich
Kenyon Disend, PLLC
11 Front Street South
www.kenyondisend.com
Issaquah, Washington 98027-3820
58
KENYON DISEND STAFF RESUME
(Left to Right: Sheryl Loewen; Antoinette Mattox; Terry Curran; and Margaret Starkey)
Margaret Starkey, Sr. Paralegal
Margaret a KenyonDisend.com — 425.392.7090, Ext. 2207
Margaret has been a paralegal for 27 years, including the past 25 years with Kenyon Disend. She
graduated with High Honors from the University of California, Santa Barbara in 1991. Prior to joining
Kenyon Disend, she worked for two years at a Seattle firm. In addition to leading our Staff Team and
assisting Mike Kenyon in the firm's management, she has extensive experience assisting our attorneys
with appellate and other significant briefing, condemnations, code revisions, contracts, and numerous
other paralegal responsibilities often unique to the practice of municipal law.
Sheryl Loewen, Paralegal
Sheryl@KenyonDisend.com — 425.392.7090, Ext. 2201
Sheryl has been a paralegal for 26 years, the past 22 of which have been with Kenyon Disend. She earned
her Paralegal Certificate from Fresno City College in 1986. Sheryl went on to work as a litigation
paralegal in Fresno before moving to Washington state and working for a Seattle firm. When Margaret
Starkey went on maternity leave in 1997, Sheryl stepped in as a temporary employee; Sheryl proved her
value to the firm during that time, and was offered a permanent job with Kenyon Disend thereafter. In
addition to the full range of paralegal duties that come with supporting city attorneys, Sheryl has extensive
experience with administrative and LUPA records, hearing examiner matters, and LUPA litigation.
Terry Curran, Client Services Coordinator
Terry RwKenyonDisend.com — 425.392.7090, Ext. 2192
Terry has just entered her 20t' year of employment at Kenyon Disend. Prior to joining Kenyon Disend,
Terry spent 15 years in the travel industry where she developed her exceptional customer service,
administrative, bookkeeping and leadership abilities. She is available full-time to respond to client
inquiries, and she also serves as the firm's bookkeeper. Terry personally answers the majority of all client
telephone calls and ensures that each one is professionally answered and appropriately addressed.
Antoinette Mattox, Paralegal
Antoinette@KenyonDisend.com — 425.392.7090, Ext. 2196
Antoinette has been a paralegal for 10 years, and has just entered her fifth year with Kenyon Disend.
Antoinette earned her A.A. from Mohave Community College in Lake Havasu City, Arizona in 2008.
Before joining our team, she was a litigation paralegal for a Bellevue law firm. In addition to the full
range of paralegal duties that come with supporting city attorneys, Antoinette is particularly experienced
with assisting our attorneys with public records requests and code enforcement matters.
59
PROPOSAL FOR TUKWILA
CITY ATTORNEY SERVICES
Submitted by:
Kari L. Sand Daniel P. Kenny Emily F. Miner
ksand@omwlaw.com dpkenny@omwlaw.com eminer@omwlaw.com
Ogden Murphy Wallace, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164-2008
Phone: (206) 447-7000
Fax: (206) 447-0215
62
OLDEN
MURPHY
WALLACE
ATTORNEYS
SUBMITTED VIA HAND -DELIVERY
January 24, 2020
City of Tukwila
ATTN: Cheryl Thompson
City of Tukwila Mayor's Office
6200 Southcenter Blvd.
Tukwila, WA 98118
Re: Proposal for City Attorney Services
Dear Ms. Thompson:
OGDEN MURPHY WALLACE, PLLC
901 FIFTH AVENUE, SUITE 3500
SEATTLE, WA 98164-2008
T 206.447.7000 OMWLAW.COM
F 206.447.0215
KARI L. SAND
ksand@omwlaw.com
It is our pleasure to provide this Letter of Submittal and related enclosures on behalf of Ogden Murphy Wallace,
P.L.L.C. ("OMW") to the City of Tukwila ("City"), regarding the Request for Qualifications and Proposals for City
Attorney Services. I am a Member -level (partner) attorney in the firm's Municipal Practice Group, and I lead a
team of highly qualified municipal attorneys prepared to meet the City of Tukwila's legal needs.
OMW has been part of the Pacific Northwest legal community since 1902, with approximately 60 attorneys in
offices in Seattle and Wenatchee. We are a leader in the municipal practice, serving a diverse group of
municipalities as general counsel and providing services to numerous other public agencies on a project -specific
basis. As detailed in our submission, OMW is uniquely situated to provide the City with a full range of municipal
services because of our background working within a municipal environment and our direct experience advising
all manner of municipal clients. As a result of our collective experience, we have a wealth of experience to draw
on to solve the complex and day-to-day legal issues of the City.
We have prepared this submittal to highlight how we anticipate providing services. If we are chosen, I will be
the primary contact for the City and will be supported by Member Daniel Kenny and Associate Emily Miner.
Qualification Highlights:
• OMW has the knowledge of municipal government legal issues developed through extensive experience
working with cities, towns, counties, fire districts, and special purpose districts throughout the State of
Washington. This experience assures our clients of timely and direct answers to questions, requests for
services, and needs for legal direction.
OMW proactively applies our extensive, collective municipal practice experience to our clients' current
matters. This ensures a high degree of efficiency in our delivery of services and significantly reduces
legal costs.
OGDEN MURPHY WALLACE, PLLC CITY OFTUKWILA— CityAttorneyServices Proposal
OMWLAW.COM
63
OMW has the bench strength to provide quality, responsive service to our clients at all times through a
Municipal Practice Group that includes eleven attorneys in our Seattle office. In addition to myself,
Daniel Kenny, and Emily Miner, OMW's municipal group includes Karen Sutherland, Zach Lell, Greg
Rubstello, Jim Haney, Scott Snyder, Elana Zana, Scott Missall, and Kate Hambley, who all stand ready to
assist the City as needed.
As the enclosed proposal demonstrates in greater detail, OMW will provide the City with exceptional, cost-
effective representation encompassing the full spectrum of municlpal law issues.
Thank you for your consideration and the opportunity to submit this proposal. We look forward to hearing from
you as the first step in what will hopefully be a long and successful relationship with the City of Tukwila.
Very truly yours,
Ogden Murphy Wallace, P.L.L.C.
Kari L. Sand
Municipal Group Member
OGDEN MURPHY WALLACE, PLLC
OMWLAW.COM
CITY OF TUKWILA— City Attorney Services Proposal
M
A. Statement of Qualifications
Proposed City Attorney Team
Our proposed City Attorney Team includes Member Kari Sand as lead City Attorney and primary point of contact
for the City. Fellow Member Daniel Kenny and Associate Emily Miner will also be on the team as Assistant City
Attorneys. Including a lower -cost, Associate -level attorney on the team who is available to City staff helps to
cost-effectively manage the City's legal expenses while assuring quality control through the supervision of a firm
Member.
• Kari Sand - 22 years in municipal law with an emphasis on land use, condemnation, employment and
labor law, and local finance and taxation matters.
• Daniel Kenny - 7 years in municipal law with an emphasis on telecommunications and cable franchises,
and first amendment matters.
• Emily Miner - 3 years in municipal law with an emphasis on land use and telecommunications matters.
In addition to the City Attorney Team proposed above, our firm has the resources to provide specialty attorneys
such as Scott Snyder, a Member who specializes in all aspects of labor relations; Karen Sutherland, Chair of the
Employment and Labor Law Group; Beth Van Moppes a Member who specializes in workplace investigations
and compliance regulation; Elana Zana, a Member who specializes in telecommunications and other franchise
matters; and Athan Tramountanas, a Member who specializes in construction and public contracting, and who
is currently providing legal services to the City.
Scone of Services
Ogden Murphy Wallace, P.L.L.C. ("OMW") has been a member of the Pacific Northwest legal community since
1902. Since our founding, the firm has grown to over 60 lawyers with offices in Seattle and Wenatchee. Today
OMW is a multi -specialty law firm committed to its clients and servicing their legal needs. With this focal point
we can provide practical, solution -oriented, and cost-effective legal services to municipal corporations,
businesses, and individuals. The firm's primary practice groups are our municipal, business, and litigation.
OMW's Municipal Practice Group represents a diverse group of municipalities as general counsel and provides
services to numerous other public agencies on a project -specific basis. We are general counsel for the
cities/towns of Algona, Brewster, Bridgeport, Burien, Carnation, Clyde Hill, Deer Park, Gig Harbor, Grand Coulee,
Hunts Point, Issaquah, Lake Stevens, Medina, Mill Creek, Milton, Mukilteo, Monroe, Normandy Park, Pomeroy,
Poulsbo, Redmond, Rock Island, Woodway, and Yarrow Point. In addition, we represent fire districts and regional
fire authorities, and provide legal services to various housing authorities and park, water/sewer, and public
hospital districts.
Representing a municipality requires a diverse knowledge of municipal law and a fundamental understanding of
how cities operate. The individual and firm experience of working with governmental entities allows OMW to
provide this service at the highest level for the City of Tukwila. One of the significant benefits of retaining OMW
is our ability to employ an integrated approach to client representation, drawing upon the expertise of attorneys
from our employment, business, tax, healthcare, and litigation practice groups when a particular legal issue
requires knowledge or experience in these areas.
As will be discussed further in Section E, Statement of Proposed Legal Services, Kari Sand will be available to
attend and participate at all regularly scheduled City Council meetings, as well as all other scheduled meetings
OGDEN MURPHY WALLACE, PLLC CITY OFTUKWILA— CityAttorneyServicesProposal
OMWLAW.COM
65
where legal counsel is requested. In the event of unavailability for meetings outside of the regularly scheduled
Board meetings or absences due to illness, vacation, or trials, Member Daniel Kenny or Associate Emily Miner
will be available as back up.
We propose to perform the legal services identified in the "Scope of Services" section of the RFP. Specifically,
OMW's Municipal Practice Group can assist the City of Tukwila with expertise in each of the following areas:
• Public Works and Capital Projects. OMW's municipal attorneys have extensive experience dealing with
capital improvement projects including public works facilities of all sizes, park development and
redevelopment projects, and numerous road improvement projects. We have participated in major
design/build projects such as the Algona City Hall, Edmonds Public Safety Building, Mill Creek Town
Center, Poulsbo City Hall, Redmond City Hall, Senior Center and Public Safety buildings. We assisted
throughout the process as Edmonds and Monroe upgraded their sewer treatment plants. We have also
advised on innovative public/private partnerships such as the construction of a fire station in Issaquah
as a part of the Gilman Village development and the construction of public facilities in the City of
Monroe's North Kelsey project.
• Employment Matters. As further detailed in Section F, OMW's Employment and Labor Law Group is a
leader in employment law and workplace relations in the Pacific Northwest, primarily due to our
emphasis on preventive practices such as workplace investigations, training, policy development and
implementation, and alternate dispute resolution. The Employment and Labor Law Group includes Chair
Karen Sutherland, Member Beth Van Moppes, and Associates Tara Park and VaLiesha Brown. They
provide all aspects of employment law services to our public sector clients, including negotiations with
employee bargaining representatives, as well as defending our public sector clients in agency
proceedings such as EEOC complaints and PERC proceedings, and assisting them in risk management
decisions to avoid litigation. We represent our public sector clients in grievance arbitrations, interest
arbitrations, and in lawsuits regarding labor and employment issues in state and federal court.
• Growth Management, Land Use and Zoning. Our municipal attorneys are well -versed in all aspects of
Washington law related to zoning, planning and project permitting, with detailed knowledge of the
Growth Management Act, the Planning Enabling Act, the Land Use Petition Act, the Shoreline
Management Act, the Regulatory Reform statute, the Appearance of Fairness Doctrine, and all other
laws governing land use and development in local communities. Our attorneys have represented
municipalities in land use litigation at every level of the state and federal judiciary, including the United
States Supreme Court. We have successfully defended local land use decisions and zoning actions before
a variety of administrative tribunals, including hearing examiners, the Growth Management Hearings
Board and the Pollution and Shorelines Hearings Boards.
• Environmental Law. Land use and public works often implicate environmental issues. Our attorneys
help clients navigate the maze of federal, state, and local environmental regulations. We draft
environmental regulatory programs, negotiate prospective purchaser agreements, and assess and
manage environmental risks. We are familiar with shorelines and SEPA issues and litigate them
frequently in the courts and before administrative tribunals.
• Development Agreements, Interlocal Agreements and Franchise Agreements. Our attorneys recognize
that every contract memorializes our client's legal relationship with a third party, and we carefully
review all aspects of each proposed agreement to ensure that the client's legal interests will be
adequately protected. Our attorneys are familiar with the legal requirements governing competitive
bidding, contracting with professional service providers and the procurement of equipment and
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materials. We routinely prepare interlocal agreements spanning a broad range of issues such as shared
municipal services and joint financing programs. We also regularly assist with easements, licenses,
deeds, Real Estate Purchase and Sale Agreements, development agreements, and other documents
necessaryfor real property conveyance and development. Our attorneys have extensive experience with
all facets of lease and franchise negotiations, drafting and enforcement with operators in the cable,
telecommunications, utility and wireless communication industries, as well as experience drafting and
enforcing related municipal codes.
• Ordinances and Resolutions. A critical function of municipal government is the development and
implementation of local legislation. Each of our municipal attorneys is experienced in the review and
drafting of agenda bills, ordinances and resolutions. We are keenly aware of the legal form requirements
for these documents, and our substantive understanding of municipal law enables us to assist clients in
crafting clear, concise, well -organized agenda bills, ordinances and resolutions that will effectively
advance the legislative intent of the city council. Our approach to preparing local legislation is to verify
that a particular document is defensible in both form and substance.
• Litigation. OMW's goal is to proactively and productively avoid disputes, and achieve favorable and
cost-effective resolutions before the litigation stage. If litigation becomes necessary, however, we stand
ready to fight vigorously to protect our clients' interests. For over 50 years, our lawyers have successfully
represented municipalities before numerous courts and administrative tribunals. The range of legal
issues implicated in these proceedings is extensive and includes land use permitting and zoning, SEPA
determinations, eminent domain, annexation, labor and personnel matters, public records disclosure,
public works matters, contract enforcement, code enforcement, public nuisance abatement, homeless
encampments, gambling ordinances, takings and substantive due process challenges, among many
others.
• Street, Utility, LID. We routinely work with clients as they perform street, sewer, and water
improvement projects. Our services include acquisition of easements and right-of-way, utility
coordination, and latecomer agreements. Our attorneys have expertise in forming local improvement
districts and defending challenges to LID assessments.
• Eminent Domain. When negotiations for acquisition of property are ultimately unsuccessful, our
condemnation and eminent domain attorneys are available to assist the City as needed, from initiating
the condemnation process through all levels of litigation and appeal. Our attorneys regularly assist with
condemnations relating to roadways, water and sewer lines, parks, and other public infrastructure.
Through our interdisciplinary approach, we can anticipate and effectively address every issue that may
arise during a condemnation process.
• Public Records Requests. We assist our clients daily with Public Records Act compliance, whether
advising on the requirements for timelines and responses or assisting with the many exemptions from
disclosure found within the PRA and other laws. Our attorneys can also assist with the actual processing
of requests in the event the City lacks adequate staffing resources. We can provide periodic training for
City staff, which we recommend in order to ensure effective customer service and to reduce the
likelihood of penalties stemming from an inadvertent mistake. In the event of legal challenges arising
out of the record disclosure process, our attorneys can assist with defense or mitigation as appropriate.
Representative Public Record Act cases include:
o Successfully defended claims against a city alleging failure to provide responsive records and
further alleging delay with claimed penalty of $11 million. For a request that had been
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overlooked, significantly reduced penalty award to $1,688. Rufin v. City of Seattle, King County
Superior Court Cause No. 14-2-32054-0.
o Assisted a city in responding to inappropriate motion to enjoin release of non-exempt record
requested by third party under Public Records Act brought in a criminal case. State of
Washington v. Lehtinen, King County Cause No. 13-1-13093-5.
o Successfully defended claims against City alleging failure to provide responsive records. Tupper
v. City of Edmonds, Snohomish County Superior Court Cause No. 10-2-03735-5.
o Successfully defended all claims against a city alleging denial of access to responsive records,
failure to provide adequate explanations for records withheld, and improper withholding of
entire records. Sammamish Plateau Water and Sewer District v. City of Issaquah, King County
Superior Court Cause No. 08--03156-0 SEA.
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B. Resumes of Proposed City Attorney Team Members
ow
Kari L. Sand
Member
Seattle Office
T 206.447.2250
F 206.447.0215
ksand@omwlaw.com
BIOGRAPHY
Kari values the unique and diverse challenges and opportunities facing cities and other public sector agencies
and strives to attain her clients' goals in a collaborative, high professional manner. She enjoys helping city
leaders solve problems and improve the lives of the residents they serve. Her clients appreciate her thorough
approach and ability to quickly assimilate information and relate to their issues. She is dedicated to achieving
successful outcomes through her enthusiasm and ability to effectively navigate complete situations. As a
Member of the firm's Municipal Practice Group, her practice focuses on all areas of municipal law, with an
emphasis on land use, condemnation, employment and labor law, and local finance and taxation matters. For
over twenty years, Kari has served as general and special counsel advising numerous cities on a variety of
issues with excellent results. Prior to joining OMW, she was the in-house City Attorney for the City of Mercer
Island. Prior to that, she represented numerous Puget Sound cities with the Kenyon Disend PLLC firm and was
also in-house at the City of Tacoma.
Born in Vancouver, Washington, Karl received her B.A. in Political Science from the University of Washington
in 1993 and her J.D. from the University of Oregon School of Law in 1997, where she was the Operations Editor
of the Oregon Law Review. In her free time, Kari enjoys travel, sporting events, walking her two dogs and
socializing with family and friends.
PRACTICE AREAS
Municipal, Land Use, Employment and Labor Law, Litigation
ASSOCIATION MEMBERSHIPS
Washington State Bar Association
Washington State Association of Municipal Attorneys
EDUCATION
J.D., University of Oregon School of Law, 1997
B.A., University of Washington, Political Science, cum laude, 1993
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_. _'�i�.� �.. ter.=�� �. . _ . _ _.�. � .�'\'� Y� �•µ� __ _ __ _ -
Daniel P. Kenny
Member
O �w Seattle Office
T 206.447.7000
F 206.447.0215
dpkenny@omwlaw.com
BIOGRAPHY
Daniel P. Kenny is a Member in the firm's Municipal Practice Group. His broad practice encompasses all facets
of municipal representation, ranging from litigation to land use to public works construction. He has specific
experience with the constitutional issues implicated by local sign regulations and has been a featured presenter
on sign code topics. Daniel also advises municipalities on telecommunications related matters, working with
them to negotiate telecommunications and cable franchises, lease agreements, pole attachment agreements,
drafting right of way use ordinances and zoning codes.
Daniel received his B.A. in Environmental Studies With an emphasis in business from the University of Southern
California and his J.D. from Seattle University School of Law. During law school, Daniel chaired the Seattle
University Law School Moot Court Board and was a member of the board's national moot court team and
competed at the National Moot Court Competition. Throughout law school Daniel completed clerkships at the
U.S. Environmental Protection Agency and the U.S. Department of Justice. Daniel was the Notes and
Comments Editor for the Seattle Journal of Environmental Law.
Directly following graduation from law school Daniel clerked for Judge Sharon Armstrong (ret.), senior judge of
the King County Superior Court. Prior to joining OMW, Daniel worked at a civil litigation firm defending
municipalities in a range of constitutional cases in both State and Federal Court. Daniel is admitted to practice
in Washington, U.S. District Court for the Western and Eastern Districts of Washington, and the U.S. Court of
Appeals, Ninth Circuit.
PRACTICE AREAS
Municipal
ASSOCIATION MEMBERSHIPS
Washington State Bar Association
Washington State Association of Municipal Attorneys
U.S. District Court (Eastern & Western Washington)
Ninth Circuit Court of Appeals
EDUCATION
J.D., Seattle University School of Law, 2011
B.A., University of Southern California, Environmental Studies, 2005
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VIM
k
Emily F. Miner
Associate
Seattle Office
T 206.454.8321
F 206A47.0215
eminer@omwlaw.com
BIOGRAPHY
Emily Miner is part of OMW's Municipal and Telecommunications Practice Groups and handles a variety of
municipal matters for the firm's clients, with special emphasis on land use issues.
Prior to joining OMW, Emily worked for a preeminent local land use law firm. While in law school, she externed
with the Seattle City Attorney's Office in the Land Use Group and was a summer associate for the Short
Cressman & Burgess law firm. Emily's practice focuses on permitting, entitlements and enforcement actions,
administrative hearings, negotiating franchises and leases, as well as a full range of municipal issues including
public law and procedure, management and operational issues, and related litigation.
Emily received her B.S. in Political Science from the University of Oregon and her J.D. from Seattle University
School of Law.
PRACTICE AREAS
Municipal
Telecommunications
ASSOCIATION MEMBERSHIPS
American Bar Association
Washington State Bar Association
King County Bar Association
Washington State Association of Municipal Attorneys
EDUCATION
J.D., Seattle University School of Law, 2017
B.S., University of Oregon, Political Science, 2012
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C. Firm History
OMW has been a leading law firm in the Pacific Northwest region for 118 years, with our headquarters located
in Seattle and a second office located in Wenatchee. Since the firm's inception in 1902, OMW has grown to
become one of the largest law firms in the state, yet we have always maintained the kind of personal attention
to client issues that Mr. Raymond D. Ogden provided when he first opened his office doors.
We have developed our reputation over the years by putting a great deal of effort into making the legal affairs
of clients as smooth and unexceptional as possible. However, when problems develop or clients become
involved in disputes, the firm's well established and well -regarded litigators are available to assist in resolving
the dispute.
While the firm's client roster has grown significantly to include individuals, businesses of all sizes, and numerous
Northwest municipalities, we continued to foster our relationships with our first clients including City of
Redmond (client since 1980), the City of Poulsbo (client since 1982), the City of Issaquah (client since 1983), and
the City of Mukilteo (client since 1988).
In the second century of the firm's existence, we continue to provide responsive personal attention and effective
solutions to meet our clients' needs. Today, we represent more Washington cities than any other law firm in the
Northwest. We are proud of our long-standing client relationships and commitment to client satisfaction.
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D. Staff Resumes
Linda Sutton I Municipal Legal Assistant
Ms. Sutton is a legal assistant with OMW's Municipal Practice Group. In addition to working with the firm's
business and litigation departments, she is a legal assistant to Emily Miner and Scott Missall. In total, Ms. Sutton
has over 51 years of legal assistant experience.
Ms. Sutton manages litigation cases in both judicial and administrative courts, communicating directly with the
court and hearing examiners as needed. Additionally, she assists with routine municipal matters including
scheduling council meetings, coordinating on public records requests, and drafting preliminary documents.
Erin Kelly I Municipal Legal Assistant
Ms. Kelly is legal assistant with OMW's Municipal Practice Group. She is a trusted legal assistant to Kate Hambley,
Jim Haney, Greg Rubstello, and Kari Sand. Ms. Kelly brings a strong background in municipal experience to the
legal assistant group.
Prior to joining OMW, she worked as a legal assistant for two other local law firms. Ms. Kelly has a deep
understanding of Washington state court e-filing systems and legal processes. Prior to working in Washington,
Ms. Kelly worked for 12 years in various public sector positions of Australian government and law.
Gloria Zak I Municipal Legal Assistant
Ms. Zak is legal assistant with OMW's Municipal Practice Group. She is a trusted legal assistant to Daniel Kenny,
Zach Lell, and Scott Snyder. In total, Ms. Zak has over 40 years of legal assistant experience.
Prior to joining OMW, she was a legal assistant for 10 years at several King County area law firms where she
assisted a variety of legal practices including insurance defense, construction law, and corporate law. Prior to
working in Washington state, Ms. Zak worked as a legal assistant with litigation attorneys in District of Columbia
and the Commonwealth of Virginia.
Chris Collison I Paralegal
Mr. Collison is an OMW corporate paralegal. In total, he has 19 years of paralegal and legal assistant experience.
Prior to joining OMW, Mr. Collison was a paralegal at two other Seattle law firms. He is well -versed in many
fields of legal work, including corporate law, estate planning, litigation, nonprofit corporate law, and real estate
law.
Emily Magee I Data Coordinator
Ms. Magee is a data coordinator with OMW. Ms. Magee is entrusted with the organization and maintenance of
both physical and electronic data, files, and case materials as well as the tracking status of all OMW cases.
Prior to joining OMW, Ms. Magee received other data optimization related experience through positions at two
different IT companies as well as from her educational background at Western Washington University where
she studied Management Information Systems. She possesses a deep understanding of data analytics and
database management.
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E. Statement of Proposed Legal Services
We propose to provide on -site legal services in the form of office hours, in addition to providing coverage for
City Council meetings and other meetings, as well as responding to the City's additional needs outside of our
proposed office hours.
Office Hours
As further indicated below, we propose to provide on -site "office -hours" at Tukwila City Hall a minimum of 3
days per week and up to 5 days a week, with the days divided between the proposed City Attorney Team
Members. Below are three proposed schedules that could be customized based on the City's preferences (note:
all proposed schedules assume a half-hour lunch break).
Option 1 1 3 days per week 1 24 hours
Monday: Ms. Sand will provide office hours from 10:30am-7pm, and attendance at Council meetings
Tuesday: Ms. Sand will provide office hours from 9am-5:30pm
Thursday: Ms. Miner will provide office hours from 8am-4:30pm
Option 2 1 4 days per week 1 32 hours
Monday: Ms. Sand will provide office hours from 10:30am-7pm, and attendance at Council meetings
Tuesday: Ms. Sand will provide office hours from 9am-5:30pm
Wednesday: Ms. Miner will provide office hours from 8am-4:30pm
Thursday: Ms. Miner will provide office hours from 8am-4:30pm
Option 3 1 5 days per week 1 40 hours
Monday: Ms. Sand will provide office hours from 10:30am-7pm, and attendance at Council meetings
Tuesday: Ms. Sand will provide office hours from 9am-5:30pm
Wednesday: Ms. Miner will provide office hours from 8am-4:30pm
Thursday: Ms. Miner will provide office hours from 8am-4:30pm
Friday: Mr. Kenny will provide office hours from 8am-4:30pm
Meeting Coverage
In addition to office hours, Karl Sand will be available to provide coverage for all regularly scheduled City Council
meetings, as well as all other scheduled meetings where legal counsel is requested. In the event of unavailability
for meetings outside of the regularly scheduled Council meetings or absences due to illness, vacation, or trials,
Member Daniel Kenny or Associate Emily Miner will be available as back up.
It is our highest priority to make our attorneys available and to work cooperatively and responsively with the
staff and elected and appointed representatives of our client cities. The timely handling of phone calls, email
requests, and attendance at scheduled meetings is of the utmost importance to the daily practice of our
municipal attorneys. Due to the potential for traffic and other prior scheduling commitments, we request, when
possible, a lead-time of one to two hours for attorneys to attend unscheduled, urgent, or ad -hoc meetings in -
person. In the alternative, one of our City Attorney Team Members will be available for video and telephone
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conferences with minimal advance notice. Be assured that we take pride in our accessibility, and we will strive
to be available whenever needed.
Additional Needs
We anticipate that there will be needs outside regular office hours. To accommodate that need, we proposed
that our core City Attorney Team consist of three attorneys. This allows our Team to adjust to the needs of the
City and respond accordingly.
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F. Specialized Experience Regarding Labor & Employment Law
Employment Law
OMW's Employment and Labor Law Group is a leader in employment law and workplace relations in the Pacific
Northwest, primarily due to our emphasis on preventive practices such as workplace investigations, training,
policy development and implementation, and alternate dispute resolution. Kari Sand will provide day-to-day,
practical advice on all aspects of the employer -employee relationship and we defend our clients in litigation and
agency proceedings should the need arise. Examples of the areas where we provide employment law advice
include:
• Bullying
•
Performance issues
• Civil Service
•
Responding to third -party complaints
• Classification and Compensation Studies
•
Severance agreements
• COBRA
•
Sick and Safe Leave
• Dispute avoidance advice
•
Strategizing on employee issues
• Drug/alcohol abuse
•
Theft
• Employment agreements
•
Unemployment hearings
• Employee discipline
•
Use of social media, email, and the internet
• Employee recruitment and hiring
•
Wage and hour laws
• Family and Medical Leave Act
•
Workers Compensation
• First Amendment issues
•
Workplace investigations
• Garrity rights
•
Workplace policies
• HIPAA
•
Workplace privacy
• Job descriptions
•
Workplace violence
• LEOFF
•
Wrongful termination
• Loudermill hearings
•
Training on all of the above
• Name -clearing hearings
Labor Law
OMW's Employment and Labor Law Group has also provided labor law services to a wide range of employers in
both the public and private sectors, including the Cities of Clyde Hill, Mill Creek, Mukilteo, Poulsbo, and Redmond
in addition to our other municipal clients such as King County Fire District No. 45, and Chelan -Douglas PTBA. Our
municipal labor law services include:
• Duty to bargain
• Grievances
• Interest arbitrations
• Labor-management committees
• Negotiating, drafting and interpreting collective bargaining agreements, letters of agreement, and
memorandums of understanding
• Unfair labor practice claims
• Unit clarification proceedings
• Use of bulletin boards, email, and other employer communication resources by unions
• Training on all of the above
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Discrimination
OMW's Employment and Labor Law Group also has extensive experience in discrimination law, which comes
from not only providing our clients with advice on discrimination matters, but also from chairing and speaking
at continuing legal education courses to train lawyers on the discrimination laws and serving as a hearing officer
in agency proceedings that involve allegations of discrimination. Examples of the areas where we provide
discrimination law advice include:
• Americans with Disabilities Act (ADA) compliance and defense
• Age Discrimination in Employment Act (ADEA) compliance and defense
• Discrimination based on protected status (e.g., because of age, sex, marital status, sexual orientation,
race, creed, color, national origin, honorably discharged veteran or military status, disability, etc.)
• EEOC and Human Rights Commission proceedings
• Equal Pay Act compliance and defense
• Harassment, including sexual harassment
• Implicit bias
• Pregnancy leave and accommodation requirements
• Reasonable accommodation of disabilities
• Reasonable accommodation of religious beliefs
• Retaliation
• Washington's Laws against Discrimination (WLAD)
• Training on all of the above
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G. Experience Reducing Liability & Exposure
OMW consistently works with its municipal clients to effectively manage risk exposure based on the client's risk
appetite in each situation. Not all risks are equal. For example, the risk associated with allowing a volunteer to
drive a city -owned van without a completed background check is quite different from the risk associated with
the purchase of real property known to be contaminated with solvent chemicals from a dry-cleaning business.
Risk management is about more than minimizing negative outcomes; it is also about determining an acceptable
level of risk to achieve objectives and capitalize on opportunities that cities encounter. Where a client lands on
the risk spectrum depends on each unique situation. We typically advise our city clients to take a balanced risk
approach, where potential negative impacts and completion of city goals and objectives are given equal
consideration. Regardless of a client's particular risk appetite, we recognize our role as advisors, not decision -
makers.
Depending on the situation at issue, OMW asks relevant questions to better understand and assess the situation
relative to the client's goals. We are very familiar with the Washington Cities Insurance Authority, of which
Tukwila is a member, and the COMPACT requirements for its risk pool member cities. We routinely and carefully
review contract provisions and revise them, or recommend further revisions, as appropriate under the
circumstances to effectively reduce a client's exposure to liability. Overall, OMW uniquely tailors its legal advice
to align with the risk tolerance of our client cities in any given situation.
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H. Commitment to Diversity, Equity, & Inclusion within the Firm
OMW fully supports the City of Tukwila's restated commitment to being diverse, tolerant and inclusive as set
forth in Resolution No. 1970. We continuously strive to incorporate these values within our firm's culture.
OMW has taken concrete steps to increase women and minority ownership of our law firm. In recent years,
ownership has increased from one WMBE equity ownerto seven WMBE equity owners, and our firm is steadfast
in continuing this trend. Additionally, nearly half of our Municipal Practice Group attorneys who joined OMW in
the last two years were women, and over 69% of the firm's overall hires in the last two years were women. We
also recently created a committee to focus on the evolution of the workforce and one of the primary objectives
is to recommend policies and initiatives that encourages diversity (gender, race, generational, LGBTQ+, etc.)
throughout staff and ownership.
To continue attracting and retaining top notch attorneys, OMW provides flexible work opportunities through
our Balanced Hours program, which provides significant financial and career support to attorneys who take time
off and/or work a reduced schedule in order to spend time with their children. Our attorneys have had a strong
presence in organizations such as MAMAS (Mother Attorneys Mentoring Association of Seattle), Washington
Women Lawyers, Legal Voice (formerly the Northwest Women's Law Center), Junior League of Seattle, and MBA
Women International.
Our strategy to attract more minority candidates includes sponsoring and attending events hosted by minority
bar associations and working within such organizations. For example, our lawyers are members of the Filipino
Lawyers of Washington, the Loren Miller Bar Association, and the Asian Bar Association of Washington. We also
participate in the UW Law School Mentor Program to foster relationships with a wide range of students. OMW
also participates in outreach initiatives sponsored by organizations to increase diversity. These initiatives are not
limited to lawyers but rather focused on including a broader community and cultural outreach. For example,
OMW serves as a Career Partner for the Highline School District and provides internships and Career Day
opportunities for its students who are low-income and people of color. We also participate in the race and social
justice initiatives undertaken by the Northwest African Art Museum and the Seattle Art Museum's Complex
Exchange programs, the Wing Luke Museum, and the World Affairs Council's programs that allow local residents
to host visitors from other cultural and racial backgrounds.
We continue to monitor opportunities to increase diversity in our workforce. In addition, we continue to raise
awareness about the value of diversity within our firm, encourage participation in community activities that
support these core values, and focus on building our skills at mentoring and developing our attorneys and staff.
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1. References
Steve Lancaster (Ret.)
City of Mercer Island I Former Interim City Manager
City of Tukwila I Former City Administrator and Community Development Director
sklancaster9@gmail.coi 1253-653-9085
Kari Sand worked with Mr. Lancaster when he served as the Interim City Manager for the City of Mercer Island
in 2017 while she was the in-house Mercer Island City Attorney. She also worked with Mr. Lancaster for many
years during his tenure as the City of Tukwila Community Development Director and later the City Administrator
and Kari served as an Assistant City Attorney.
Jessi Bon
City of Mercer Island Interim City Manager
_ 206-275-7660
Kari Sand currently works with Jessi Bon as special counsel on various projects for the City of Mercer Island. They
worked together during Kari's tenure as the in-house Mercer Island City Attorney and at the City of Sammamish
while Ms. Bon was the Parks & Recreation Director and Kari served as an Assistant City Attorney.
Jeff Langhelm
City of Gig Harbor I Public Works Director
vofgigharbor.ne� 1 253-851-6170
Daniel Kenny has worked as the City of Gig Harbor City Attorney since early 2019. For approximately 4 years
before that, Daniel supported the previous City Attorney Angela Summerfield prior to her retirement. Daniel
works with Mr. Langhelm in managing and addressing the City's needs.
David Osaki
City of Mukilteo I Community Development Director
dosaki@mukiiteowa.go,_ 1 425-263-8042
Daniel Kenny has worked with the City of Mukilteo for approximately 4.5 years. Daniel began working for the
City in a supporting role to former City Attorney Angela Summerfield (now retired) and has since taken over lead
City Attorney responsibilities as of early 2019.
Michael Sauerwein
City of Medina I City Manager
rnsauerwein@medina-wa.g,._ 1425-233-6412
Emily Miner has worked with the City of Medina for approximately 2 years. Emily works for the City as Assistant
City Attorney, handling City Council meetings as well as various board and commission meetings and assists in
responding to a full range of the City's legal needs. Kari Sand also worked with Mr. Sauerwein during her tenure
as the Medina City Attorney from January 2011 through May 2015.
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J. Conflicts of Interest
OMW does not currently represent any entity or individual that could create a conflict of interest for the City of
Tukwila.
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Upon information and belief, OMW has not filed any litigation involving the City of Tukwila or its employees.
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L. Litigation Defense
There are a range of situations where a municipality may have been named a defendant in an action filed by
OMW. One example includes actions OMW filed on behalf of other municipalities such as annexations or
boundary line adjustments. Additionally, OMW has represented a range of clients on matters that may have
required filing suit against a municipality such as a fire district, hospital district, school district or other municipal
corporation. This type of litigation includes actions filed on behalf of construction companies, Native American
Tribes, or taxation matters filed for corporate entities.
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M. Disclosure of Pending Litigation, Judgments, & Complaints with Bar Associations
OMW and a former Member were named in a litigation matter that has recently been closed, with the
complaint against the former Member removed.
See Leishman v. Ogden Murphy Wallace, P.L.L.C. and Patrick Pearce, King County Superior Court No. 17-2-
11921-1 SEA and Washington State Court of Appeals No. 77754-8-I.
There are no current complaints against OMW attorneys pending with the Washington State Bar Association.
OGDEN MURPHY WALLACE, PLLC
OMWLAW.COM
CITY OF TUKWILA— City Attorney Services Proposal
N. Other Relevant Professional Experience
Kari L. Sand
Representative Experience,
Thompson v. City of Mercer Island, 193 Wn. App. 653 (2016) — The City of Mercer Island successfully
defended its approval of a preliminary short plat application by two challengers, arguing that one failed
to exhaust administrative remedies and the other lacked standing. In a Land Use Petition Act appeal,
Division I of the Washington State Court of Appeals agreed with the city's lack of standing arguments
and held the city's motion to dismiss was timely.
PSE, Inc. v. Bellingham, 163 Wn. App. 329 (2011) —Taxpayer utility, PSE, protested the city's imposition
of utility tax on certain revenue streams. Finding in the city's favor, Division I held that PSE's gross
revenues from selling electric light and power to customers living within Bellingham — including revenue
from sales of steam, late payment fees, billing initiation charges, and connection and reconnection
charges — were subject to city utility tax even though the taxpayer defined such activities as "non -utility."
Tukwila Sch. Dist. No. 406 v. Tukwila, 140 Wn. App. 735 (2007) — Successfully defended school district's
action challenging a city's storm and surface water utility charge as an unlawful tax, seeking a declaratory
judgment and tax refund. Consistent with the city's position, Division I held the primary purpose of the
charge was to regulate runoff, supporting a finding that the charge was a regulatory fee, not a tax.
Daniel P. Kenny
Publications and Presentations:
• Presenter, "The Evolution of Cellular Technologies: From Towers to 5G Wireless Deployments,"
Washington Association of Prosecuting Attorneys (WAPA) — Summer Training Program, June 2019
• Co -Presenter, "FCC New Small Cell Order & What It Means for Washington Cities," OMW Webinar,
October 2018
• Presenter, "Legal Implications of Reed v. Town of Gilbert to Local Sign Codes," Planning Association of
Washington (PAW) Boot Camp - Lake Stevens, December 2017; Lacey, March 2017; Mercer Island, June
2016; Lacey, April 2016
• Presenter, "Legal Implications of Reed v. Town of Gilbert to Local Sign Codes," Washington Association
of Code Enforcers (WACE) - Annual Fall Conference, 2015
• Presenter, "Legal Implications of Reed v. Town of Gilbert to Local Sign Codes," Washington State
Association of Municipal Attorneys (WSAMA) - Annual Fall Conference, 2015
Emily F. Miner
Publications and Presentations:
• Presenter, "Initiative and Referendum Powers Revisited," Washington State Association of Municipal
Attorneys, October 2019
• Co -Presenter, "Telecom Legal Update 2019," Washington Association of Telecommunications Officers
and Advisors, May 2019
• Co -Author, "Tribal Treaty Rights and Natural Resource Protection: The Next Chapter United States v.
Washington —The Culverts Case," American Indian Law Journal: Vol. 7 :, Iss. 2, Article 3., May 2019
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OMWLAW.COM
CITY OF TUKWILA— City Attorney Services Proposal
• Author, "New Training Requirements for Contractors Bidding on Public Works Contracts", KCBA Bar
Bulletin, March 2019
• Author, "Ninth Circuit Rules on Homeless Camping", KCBA Bar Bulletin, November 2018
• Co -Presenter, "FCC New Small Cell Order & What It Means for Washington Cities". OMW Webinar,
October 2018
• Co -Author, "Treaty Rights and Natural Resources, The Next Chapter: United States v. Washington — The
Culvert's Case," The Water Report #174, August 2018
OGDEN MURPHY WALLACE, PLLC
OMWLAW.COM
CITY OF TUKWILA — City Attorney Services Proposal
0
O. Proposed Compensation Options
Fees and Billing Structure
Our proposed rates are highly competitive with other Puget Sound area law firms with municipal practices.
Based on our service model, we propose the following rate structure as a standard hourly fee arrangement for
general legal services, which will be adjusted annually effective January 15Y by the highest Seattle -Tacoma -
Bremerton CPI':
Rate Schedule
For on -site in Tukwila office hours, we propose the below options at a flat rate cost per week. We would initially
suggest using the 24 hour per week option, with the ability for the City to increase hours as desired.
Service Options
Member/Associate Split
Flat Rate Cost per Week
24 hours a week
Member: 2 Days / Associate: 1 Day
$6,800
32 hours a week
Member: 2 Days / Associate: 2 Days
$8,800
40 hours a week
Member: 3 Days / Associate: 2 Days
$11,200
For general work outside of office hours, we propose the following rate structure on a per hour basis:
Billing Category Rate
Member $300/hour
Associates $250/hour
For project/site-specific/land use, real estate legal services, including administrative/judicial appeals
Billing Category Rate
Member $350/hour
Associates $275/hour
Work eligible for reimbursement to the City from an applicant or entity (e.g., franchise work)
Billing Category Rate
Member $385/hour
Associates $285/hour
Paralegal services for all matters will be billed at $140/hour.
Travel Time
OMW will not charge for travel time to and from Tukwila City Hall. Additional travel time for City -related business
outside regular office hours will be billed at applicable hourly rates.
' Based on the potential start date of our engagement, the first annual adjustment will not occur until January of 2021.
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CITY OF TUKWILA— City Attorney Services Proposal
Miscellaneous Expenses
The City will not be charged for normal clerical or secretarial work, the expense of which has been calculated into
OMW's hourly rates for attorneys. Reimbursement will be made by the City for expenditures related to court costs
and fees, copying, postage, computer -aided legal research when conducted on behalf of the City, mileage, and
parking. Other expenses shall be reimbursed when authorized in advance by the City.
Billing Format
OMW will bill the City monthly for services performed. OMW's bill will show the service provided, the date, the
person providing the service, and the time expended in tenths of an hour.
OMW will work with the City to develop and implement a billing and invoicing framework that meets the City's
needs. At the City's preference, individual billing numbers can be established for each department, as well as for any
specialty matter (e.g. litigation, contract negotiations, etc.) that arises. Legal services would be billed on a monthly
basis and each invoice would include a billing narrative for every time entry sensitive to protecting the
attorney/client privilege.
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CITY OF TUKWILA — City Attorney Services Proposal