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HomeMy WebLinkAboutCOW 2020-02-24 Item 2 - Presentation - Request for Proposals for City Attorney ServicesCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council CC: Mayor Ekberg FROM: David Cline, City Administrator Juan Padilla, Human Resources Director DATE: February 19, 2020 SUBJECT: Responses to Request for Proposals for City Attorney Services BACKGROUND The City advertised a Request for Qualifications and Proposals for City Attorney Services (RFP) 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. Please refer to the February 10, 2020 Finance Committee packet to review the proposals that outline 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 Hourly Rate Mike Kenyon - $350.00 Kari Sand - $300-$350 Schedule Lisa Marshall - $300.00 Daniel Kenny - $300 - $350 Andrew Tsoming - $175.00 Emily Miner - $250 - $275 Alexandra Kenyon - $175.00 INFORMATIONAL MEMO Page 2 DISCUSSION The RFP's were reviewed at the February 10, 2020 Finance Committee meeting where Councilmembers provided input on the interview questions and about the overall process going forward. On February 14, 2020 the City interviewed both firms. The Interview Panel consisted of Council President De'Sean Quinn, City Administrator David Cline, Police Chief Bruce Linton, Finance Director Vicky Carlsen, Community Development Director Jack Pace, and Human Resources Director Juan Padilla. Both firms have a long history of providing municipal city attorney services in this region and both have experienced lead attorneys who would be the City's main point of contact. Both firms also identified two to three other attorneys who would provide additional services. The following criteria were used to rate the firms: • Advanced knowledge of all municipal government legal issues. • Availability of attorneys proposed to provide attorney services. • Billing rates of attorneys proposed to provide attorney services. • Advanced understanding of employment law. • Advanced understanding of Washington State land use law. • Advanced understanding of public disclosure. • Proposed fee structure. • Qualifications of key staff that will be assigned to the City. • Reference results. After two hours of interviews and discussion amongst the interview panel, both firms were fairly tied across these criteria. This confirms the original expectation that either firm would provide good legal advice and support to the City. City staff committed to checking references during this week and will provide this information to the Council in the following week. Both firms will be presenting at the February 24 Committee of the Whole meeting and will be available to answer questions after the presentation. On March 2, 2020 the Council will have an opportunity to give direction to City Administration to enter into contract negotiations with one of these firms. The contract will return for Council discussion and approval at the March 16, 2020 Regular Meeting. RECOMMENDATION The City has two highly qualified firms to choose from and will need to decide which firm best meets the City's needs at this time. Based on Ms. Sand's specialty in employment law and her experience as an in-house City Attorney, as well as Ogden Murphy Wallace having a larger firm with more attorneys on staff, the interview panel recommends Council authorize City Administration to negotiate a contract for legal services with Ogden Murphy Wallace. There is a benefit from having a new and different perspective on legal services to ensure that the City is continually providing high quality services. Ogden Murphy Wallace has provided good legal support for several cities within the Puget Sound area for more than 30 years. Some of the areas which the panel believes could benefit from a new perspective include personnel policies, contracting, and land use. The interview panel also recommends a regular review of attorney services. This process has highlighted the need for the City to be more diligent in reviewing its city attorney services on a more regular basis to ensure these services are meeting current and long-term needs. 2 Kari L. Sand Daniel P. Kenny Emily F. Miner OGDEN MUN PHY I WALLA C E ATTORNEYS The Right Team for Tukwila 0 Team Lead Team Member Team Member • Labor Law Negotiation and • Constitutional Rights Public Records Act Representation • Telecommunications Compliance • Land Use Litigation • Clear Communicator • IT Contracting and • Proactive and Solutions Negotiation Oriented • Collaborative Approach ors 12 municipal attorneys dedicated to the City of Tul<Wila © 40 additional attorneys providing services in specialized practice areas: Corporate & T L �nsactions ® Real Estate 8! Land Use ® Environmental ® Litigation Workplace Investigations ® Cyber Security Construction ® Labor & Employment Sean,iless integration into the Ci-L"y's team ® Options -based advice ® Pro/con risk analyses ® Preparedness ® Responsiveness Practical guidance Creative solutions 3 cn • 3 days a weep • 8 hours a day ® 4 days a week • 8 hours a day 6 0 • 5 days a week • 8 hours a day u�. I MX/ � 1 sir ^r i /8<l 4 low I O M• Ar fill-III J .- TUKWILA T M TUKWILA' t� t�nr 1� i �. _� + �► . v 767TL. Sand ksand@omwiaw.com 206.447.2250 ; Daniel P. Kenny dpkenny@omwlaw.com�' 206.447.2258 Emily F. Miner eminer@omwlaw.com - 206.447.8321 err" .` _� .1 � z.!' rig•, . _. ..