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HomeMy WebLinkAboutReg 2020-04-06 Item 5C - Contract - 2020 City Attorney Services with Ogden Murphy Wallace PLLC for $32,000 Per MonthCOUNCIL AGENDA SYNOPSIS Initials Meefinga Date Prepared by Mayor's review Council review 04/06/20 CT ITEM INFORMATION ITEM NO. 5.C. STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 04/06/20 AGENDA ITEM TITLE 2020 Contract with Ogden Murphy Wallace for City Attorney Services CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 04106120 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Otber Mtg Date SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑Pik ❑Court SPONSOR'S The proposed contract provides general City Attorney Services for a flat rate of $32,000 per SLTMNLARY month for the remainder of 2020. REVIE','ED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/06/20 MTG. DATE ATTACHMENTS 04/06/20 Informational Memorandum dated 3/17/20 Draft Contract for Services 27 W. City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council CC: Mayor Ekberg FROM: David Cline, City Administrator DATE: March 17, 2020 SUBJECT: Contract for City Attorney Services ISSUE Council has authorized Administration to negotiate a contract with Ogden Murphy Wallace PLLC for City Attorney services. The proposed contract is attached. DISCUSSION Under the proposed contract, general City Attorney services are provided at the flat monthly rate of $32,000 per month; while litigation, contested administrative proceedings and special services are subject to prior approval and are billed at the hourly rates of the staff involved. Hourly rates are listed in Exhibit B to the contract. The term of the contract goes through December 31, 2020 in conjunction with the current budget cycle. This will also be a time for the City Attorney to assess service needs so that we can make any necessary adjustments as we negotiate terms for the 2021-2022 contract which we will plan to bring to Council for approval in Quarter 4 2020. RECOMMENDATION Council is being asked to approve the proposed contract and authorize the Mayor to execute said contract. ATTACHMENTS Draft 2020 Contract for Legal Services 29 30 OGDEN MURPHY WALLACE, PLLC T 206 447.7000 OMWLAW.COM 901 FIFTH AVENUE, SUITE 3500 F 206,447.0215 SEATTLE, WA 98164-2008 KAKI L. SAND ksatid@omwlaw.com March 17, 2020 Mayor Allan Ekberg City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Re; Engagement Letter for City Attorney Services Dear Mayor Ekberg: Thank you for engaging our firm to be of assistance as your City Attorney from April 15, 2020 through December 31, 2020. The purpose of this letter is to confirm how our services will be provided and to welcome you to representation by our firm. Terms of Engagement In our representation of clients, we think it is critical that our clients and the firm share the same understanding of the attorney -client relationship. To that end, enclosed is a copy of our Standard Terms of Engagement. The Terms of Engagement describe more particularly how we will serve you. This engagement letter and the Terms of Engagement set forth our agreement with you. Please review them carefully and if you understand and agree to both documents, please sign the enclosed copy of this letter where indicated and return it to us. Please let us know if you have any questions or comments regarding our relationship. Legal Fees We will provide city attorney services up to approximately 28-hours per week, consistent with Exhibit A, the Scope of Services. I will serve as City Attorney and will be on -site at Tukwila City Hall on Mondays and Tuesdays, as reflected in greater detail in the table on the next page, and Member Daniel Kenny and Associate Emily Miner will be otherwise available, either on -site or remotely, as appropriate. Invoice statements will be sent monthly via regular mail, unless you request otherwise. As supervising attorney, I will be responsible for seeing that the work is carried out in an efficient and economical manner, I will be assisted by other attorneys and legal assistants in our office. They are all bound to you by the same duties of loyalty and confidentiality that binds me. KZS2098758,DOCX',1199910.001111/ 1 IM Mayor Allan Ekberg March 17, 2020 Page 2 Hours of Work Staffing Model Rate Member: 2 Da s / Associate: 1.5 Days 8-hrs/day M, Tu Flat monthly rate of (16 hours), KLS: 2 days (Mon / Tu) $32,000 for general plus 12 hours DPK or EFM: —1.5 days (flexible) services; other fees (28-hrs per month) anticipated, as explained below, The flat monthly billing rate will be $32,000 per month for city attorney "General Services," as specified in Exhibits A (Scope of Services) and B (Compensation and Method of Payment). For representation on "Separate Services," such as administrative and judicial appeals, litigation, and other project/site-specific land use work, as specified in Exhibits A and B, the Member billing rate will be $350 per hour, and the Associate billing rate will be $275 per hour. For representation on "Special Services" that are eligible for reimbursement to the City from an applicant (e.g., franchise), as well as telecommunications work (e.g., small cell ROW agreements, pole leases, etc.) will be billed at $385 per hour for Members and $285 per hour for Associates. We will not bill for travel time to and from Tukwila City Hall. Travel to other locations for City -related business outside of regular office hours will be billed at applicable hourly rates (e.g., travel to the Kent Regional Justice Center or the King County Courthouse for the Friday motion calendar). Based on the proposed flat month rate staffing model for city attorney general services, we propose that you seek Council authority for the remainder of 2020 (April 15, 2020 through December 31, 2020) in the amount of up to $275,000. We appreciate your expression of confidence in Ogden Murphy Wallace, P.L.L.C. and would like to assure you that we will do our best to provide you with high quality legal services. If you have any questions or concerns during the course of our relationship, we encourage you to raise them with me or our Managing Member, Geoffrey J. Bridgman or our Chair, Donald W. Black. If you agree with the provisions of this engagement letter and the attached Terms and Conditions, please sign where indicated below and return to me. We look forward to working with you. Very truly yours, OGDEN MURPHY A�LACE, PLLC r Kari L. Sand Enclosure — OMW Standard Terms of Engagement {KZS2098758.DOCX;1/99910.001111/ } 32 Mayor Allan Ekberg March 17, 2020 Page 3 I HEREBY ACCEPT AND AGREE TO the foregoing letter and the attached Standard Terms of Engagement this day of March, 2020. By: — Print Name: Allan Ekberg Its: Mavor Date: {KZS2098758.DOCX;1199910.001111/ } 33 34 OGDEN MURPHY WALLACE, P.L.L.C. STANDARD TERMS OF ENGAGEMENT General Rates The usual basis for determining our fees is the time expended by attorneys and paralegals of the firm. The rates for our services presently range from $170 to $515 per hour and change from time to time without notice, usually in September; however, our current rates are locked in until September 2021. Our current rate schedule is always available upon request. Whenever it is appropriate, we will use associate attorneys, law clerks or legal assistants in our office to keep your costs as low as possible. Other Factors in Rates Although time expended and costs incurred are usually the sole basis for determining our fees, by mutual agreement billings to you for legal services may, in some instances, be based on a more comprehensive evaluation of the reasonable value of the firm's services. The firm is committed to charging reasonable fees for its services. In certain situations, factors other than the amount of time required will have a significant bearing on the reasonable value of the services performed, Such factors include; the novelty and complexity of the questions involved; the skill required to provide proper legal representation; familiarity with the specific areas of law involved; the preclusion of other engagements caused by your work; the magnitude of the matter; the results achieved; customary fees for similar legal services; time limitations imposed by you or by circumstances; and the extent to which office forms and procedures have produced a high quality product efficiently. In circumstances where our fees will be based on or include factors other than our normal hourly charges and costs, we will notify you promptly and prior to proceeding. Any basic document fee that we may charge in your business matters has been and will be set in light of these various factors. Billing Fees and Costs The City will not be charged for normal clerical or secretarial work, the expense of which has been calculated into our 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. We will bill the City monthly for services performed. Our bill will show the service provided, the date, the person providing the service, and the time expended in tenths of an hour. We 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. (KZS2098758.DOCX;1/99910.001111/ ) 35 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. Payment; Interest You agree to make payment within thirty (30) days of receipt of our monthly statement. Outstanding balances that are not paid when due will accrue interest at the rate of one percent compounded monthly from the date of invoice until paid. Termination You may terminate our representation at any time, with or without cause, by notifying us. Upon such action, all fees and expenses incurred before the termination are due to the Firm. If such termination occurs, your original papers will be returned to you promptly upon receipt of payment for outstanding fees and costs. If you wish to have a paper or electronic copy of your file at the conclusion of our representation, we will provide it to you at the current copy rate per page then in effect. Confidentiality and Electronic Communications We owe a duty of confidentiality to all of our clients. Accordingly, you acknowledge that we will not be required to disclose to you, or to use on your behalf, any information in our possession with respect to which we owe a duty of confidentiality to another current or former client. In addition, unless you advise us to use some other form of communication, we intend to use various communications devices in the normal course (which may include wired or wireless e-mail, cellular telephones, voice over Internet and electronic data/document web sites) to communicate with and send or make available documents to you and others. Absent special arrangements or circumstances, we do not employ encryption technologies in our electronic communications. Although there is some security risk with the current technology, we believe the benefits from using this technology outweigh the risk of accidental disclosure. By agreeing to engage us as your attorneys, you consent to the use of these communication methods without encryption. Dispute Resolution If you disagree with the amount of our fee, please take up the question with your principal attorney contact or with the firm's Managing Member. Typically, such disagreements are resolved to the satisfaction of both sides with little inconvenience or formality. Any disputes relating to these Terms of Engagement or the accompanying engagement letter (collectively this "agreement") or the amount of legal fees related thereto, will be submitted to arbitration through the American Arbitration Association (the "AAA") in Seattle, Washington, according to its then -effective rules, and Ogden Murphy Wallace, P.L.L.C., and you agree to be bound by the results of such arbitration. Please be aware that by agreeing to arbitration, you are waiving the right to a trial by jury and your right to appeal, that the arbitrator will be bound by the AAA rules and not by state or federal law, and that discovery will be limited to what is allowed under the AAA rules. Arbitration fees and expenses shall be borne equally by the parties. In the event of non-payment such that we pursue collection of your account, you agree to pay the costs of collecting the debt, including court costs and fees, and a (KZ32098758. DOCX;1 /99910.001111 / ) 36 reasonable attorney's fee. Withdrawal We reserve the right to withdraw from representing you if, for any reason, our fees are not timely paid in accordance with this agreement, or for any other appropriate cause, as determined by the firm in accordance with applicable law and the Rules of Professional Conduct. Disclaimer You acknowledge that we have made no guarantees regarding the disposition, outcome, or results of your legal or business matters, and all expressions we have made relevant thereto are only our opinions as lawyers based upon the information available to us at the time. Our beginning work on your behalf will constitute your acceptance of this agreement unless we receive a written objection from you within ten (10) days of the date of the accompanying engagement letter. Independent Advice Since the Engagement Agreement is legally binding and affects your legal rights, you may wish to seek the advice of independent counsel prior to executing it. Conclusion Thank you for retaining our firm. We look forward to working with you. (KZS2098758.D0CX;1/99910.001111/ ) 37 EXHIBITA--SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in-house city attorney working approximately 28 hours per week. Kari L. Sand is the designated memberof Ogden Murphy Wallacethatwill serve asthe CityAttorney. Any changes in this position must be approved in advance by the City. 1. Flat Rate Fee for City Attorney General Services Contractor agrees to provide general city attorney services, for a flat fee, including but not limited to: A. Attending regular meetings of the City Council and executive sessions scheduled for regular meetings of the City Council and, upon request, attending special meetings of the City Council, meetings of the Committee of the Whole, other Committee meetings, and meetings of City Boards and Commissions. B. Preparation and/or review of contracts, interlocal agreements, resolutions and ordinances and other city documents or materials as requested. C. Practice "preventative law" in the form of regular consultation with Mayor, City Councilmembers, City Administrator and staff. D. Except as set forth in Section 2, defend and manage (for WCIA-related matters) litigation brought against the City. E. Providing legal advice relating to the Public Records Act and public records requests, including review and redaction of records and preparation and review of exemption logs, as requested. F. As requested, providing special classes and/or seminars for staff, elected officials, Boards, and Commissions on issues including, but not limited to, the PRA, OPMA, ethics, conflicts of interest, and the appearance of fairness doctrine. G. Such other general city attorney matters as are assigned. H. Work up to approximately 28 hours/week and work on -site Mondays and Tuesdays (approximately 16 hours) at City Hall. I. Maintain comprehensive Internet and remote access capability, including e-mail, linking Contractor's office with City Hall. J. It is incumbent upon the City, in partnership with the City Attorney, to manage the general services within the estimated 28-hour work week staffing model. 2. Provide City Attorney Separate Services for litigation and contested administrative proceedings, which include but are not limited to: A. Each individual civil action filed by or against the City, except matters for which WCIA has assigned primary, lead defense counsel, which the City Attorney shall manage as part of general city attorney services, and except that multiple condemnation lawsuits related to the same project shall constitute only one Separate Matter; B. All Code Enforcement matters conducted before the Hearing Examiner or in Court, but not including general code enforcement services, which shall be included in Contractor's flat monthly fee; C. All significant projects which require specialized knowledge and hours expended {KZS2105787.DOCX;1/99925.000013/ 9 W. outside of the regular office hours for that attorney, including but not limited to franchise negotiations and telecommunications (small cell ROW agreements, pole leases, etc.), which are Special Services; and D. All drug or other forfeiture matters collectively filed by or against the City. For each such Separate Matter, Contractor shall be paid hourly rates for 2020 as set forth in Section 2 of Exhibit B. 3. Provide City Attorney Special Services, which include but are not limited to: Other specialized municipal law services, including but not limited to franchise negotiations and telecommunications work (e.g., small cell ROW agreements, pole leases, etc.); provided, however, that any such Special Services shall first be authorized by the City, and for each such Special Services matter, Contractor shall be paid hourly rates for 2020 as set forth in Section 3 of Exhibit B. it is understood and agreed that the City Attorney shall not provide private legal services to any employee of the City of Tukwila during the term of this agreement. { KZS2105787. DOCX;1 /99925.000013/ ) IM EXHIBIT B -- COMPENSATION AND METHOD OF PAYMENT 1. City Attorney General Services. For 2020, for all city attorney general services set forth in Section 1 of Exhibit A, Contractor shall be paid a flat monthly fee of $32,000, plus extraordinary expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery costs, parking, mileage costs other than to and from City Hall or other locations within the City, and other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not include routine photocopying, fax, or long- distance telephone charges. City Attorney Separate Services. All litigation and administrative proceeding services set forth in Section 2 of Exhibit A shall be considered Separate Services. Contractor shall maintain its current practice of providing individual monthly billing statements for each Separate Services matter, and for all other work billed hourly pursuant to this Agreement. 2020 Hourly Rates for Separate Services (Section 2) Member $350/hour Associates $275/hour City Attorney Special Services. Special Services shall first be authorized by the City. For each Special Services matter, Contractor shall be paid hourly rates for 2020 as set forth below. 2020 Hourly Rates for Special Services (Section 3) Member $385/hour Associates $285/hour Paralegal services for all matters will be billed at $140/hour. {KZS2105787.DOCX;1/99925.000013/ }