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Home My WebLink AboutReg 2020-03-02 Item 6F - Contract - Authorize City Administration to Enter into Contract Negotiations for City Attorney / Legal Servicesnilials Meefiq Datt, Pre aced by Mwyor'r reiliw Council rview 03/02/20 CT LJA 03/16/20 CT ITEM INFORMATION ITEMNO. 6. F. STAFF SPONSOR: DAVID CLINE 03/02/20_ AGF.NDA 1'17?m City Attorney Services Review CA'17,1X-,0RY N Discussion®Motion Ali ,g Dale 03102120 Mtg Dale 03116120 ❑ Resolution Altg Dale ❑ Ordinance Altg Date El Bid.lbpard Al/9 Dale 0 Public Hea?iq Aftg Dale D Other MigDale SPONSOR ElCountil ®Mayor E] FIR E] D CD E] Finance [:] Fir6, ❑Y A' ❑P R Poli P Cour El ' El El c6 El fr/ El si)oNsoRls Review of presentations regarding City Attorney Services SUMMARY Ri-,1'viL1'wj.,'1i) iiy C.O.W. Mtg. r-1 CDN Comm Finance Comm. F-1 Public Safety Comm. F-1 Trans &Infrastructure F-1 Arts Comm. F-1 Parks Comm. El Planning; COM111. DATE: 02/10/20 COMMI-ITI-T CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Commi'l'i ].? I.!" COST IMPACT / FUND SOURCE Exi)i-'1NDI'I'1.JRI-'1 RUIQUMIs1) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/02/20 Forward to next Regular Meeting 03/16/20 MTG. DATE ATTACHMENTS 03/02/20 Informational Memorandum dated 2/19/20 Minutes from the 2/10/20 Finance Committee meeting 03/16/20 No attachments 77 ff.*] City of Tukwila Allan Ekberg, Mayor 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. ILA"ly4 s o 4 W� �Q 90$ City Council Finance Meeting Minutes February 10, 2020 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers Present. Verna Seal, Chair; Kathy Hougardy, Zak Idan Staff Present: Aaron Williams, Juan Padilla, Henry Hash, Hari Ponnekanti, David Cline, Vicky Ca risen, Adam Cox Chair Seal called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contract: ORCA Business Passport Program Staff is seeking Council approval of a contract with King County for employee participation in the ORCA Business Passport Program in the amount of $73,695.00, which is available in the Mayor's Office Green Initiatives budget. Committee Recommendation Unanimous Approval. Forward to February 24, 2020 Special Meeting Consent Agenda. B. Request for Proposals for City Attorney Services Responses The City received two responses to the Request for Proposal for City Attorney Services. Both firms, Kenyon Disend, PLLC and Ogden, Murphy, Wallace, PLLC will present to the Committee of the Whole on February 24, 2020. Committee question(s) requiring follow up • Historical financial data on special services provided by the attorney • Hourly rates for attorney services by Friday for the interviews • Score sheet from the interviews • Recap of the interview process Committee Recommendation Discussion only. C. 42"d Avenue South Bridge Replacement Project Financing Staff is seeking direction on funding forthe 42"d Avenue South Bridge Replacement Project. Committee Recommendation Unanimous approval to authorize staff to go out to full design with funding up to 30% or $1 million and forward recommendation to the February 24, 2020 Committee of the Whole meeting and subsequent March 3, 2020 Regular Meeting. Rl