HomeMy WebLinkAboutReg 2020-11-16 Item 4C - Contract - 2021-2022 City Attorney Services with Ogden Murphy Wallace PLLC for $33,000 per Month (Plus Expenses)COUNCIL AGENDA SYNOPSIS
---------------------------------- Initials
Meetinga Date Prepared by Mayor's review Council review
11/16/2020 CT
ITEM INFORMATION
ITEMNO.
4.C.
STAFF SPONSOR: DAVID CLINE
ORIGINAL AGENDA DATE: 11/16/20
AGENDA ITEM TITLE 2021-2022 Contract with Ogden Murphy Wallace for City Attorney Services
CATEGORY ® Discussion
,Utg Date
® Motion
Utg Date 11/16/20
❑ Resolution
Utg Date
❑ Ordinance
Utg Date
❑ BidAward
Utg Date
❑ Public Hearing
Utg Date
❑Other
Utg Date
SPONSOR ❑ Council ® Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ Pcj�°R ❑ Police ❑ Pim
SPONSOR'S The current contract for City Attorney services expires December 31, 2020. The 2021-
SLTM IARY 2022 contract maintains City Attorney Services at 28 hours per week for a flat monthly
rate of $33,000 per month.
REVIE','ED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety- ® Finance Com ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 10/26/2020 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMNaTTEE Unanimous Approval; Forward to 11/16/2020 Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$396,000 per yr $396,000 per yr $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/16/20
MTG. DATE
ATTACHMENTS
11/16/20
Informational Memorandum dated 10/19/2020
Draft 2021-2022 Contract for Services
Minutes from 10/26/2020 Finance Committee Meeting
2
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
Finance Committee
FROM: David Cline, City Administrator
BY: Cheryl Thompson, Executive Assistant
DATE: October 19, 2020
SUBJECT: Contract for City Attorney Services
ISSUE
The current contract for City Attorney Services provided by Ogden Murphy Wallace expires
December 31, 2020. The proposed contract for 2021-2022 is attached.
DISCUSSION
Ogden Murphy Wallace began providing City Attorney Services to the City of Tukwila in April
2020. Under the proposed contract, general City Attorney services are maintained at 28 hours
per week at the flat monthly rate of $33,000 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.
RECOMMENDATION
The Committee is being asked to move this contract forward to the consent agenda of the
November 16, 2020 City Council Meeting for approval and authorization for execution by the
Mayor.
ATTACHMENTS
Draft 2021-2022 Contract for Legal Services
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OG[JEN MURPHY WALLACE, PLLC T206,447.7000 OMWLAW.COM
907 FIF°"FH AVENUE, SUITE 3500 F 206-44%,0215
SEATTLE, WA 98164-2008
W
A ( 1 1 1 1 Y
KARI L. SAND
206.447.2250
ksand@omwlaw.com
October 15, 2020
SENT VIAE MAIL ONLY
Mayor Allan Ekberg
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
All an.Ekberg@TukwilaWA.wv
Re: Engagement Letter for City Attorney Services through December 31, 2022
Dear Mayor Ekberg:
My team at OMW and I appreciate the opportunity to be of continued service as City Attorney for the
City of Tukwila from January 1, 2021 through December 31, 2022. The purpose of this letter is to
confirm how our services will be provided.
Terms of Enmement
In our representation of clients, we think it is critical that our clients and the firm share the same
understanding of the attomey-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 available, either in-person or
remotely, as needed and consistent with COVID-19 protocols. Further and consistent with the
COVID-19 phased re -opening plan, I 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 Associates
Emily Miner and Andrew Tsoming will be otherwise available, either on-site or remotely, as
appropriate. Invoice statements will be sent monthly via regular mail or e-mail, unless you request
otherwise. As supervising attorney, I will be responsible for seeing that the work is carried out in an
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Mayor Allan Ekberg
October 15, 2020
Page 2
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.
Hours of Work Staffing Model Rate
Member: 2 Days / Associate: 1.5 Days
8-hrs/day M, Tu Flat monthly rate of
(16 hours), KLS: 2 days (Mon / Tu) $33,000 for general
plus 12 hours DPK, EFM or ADT: —1.5 days services; other fees
(28-hrs per week) (flexible) anticipated, as
explained below.
The flat monthly billing rate will be $33,000 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).
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 WALLACE, P.L.L.C.
Kari L. Sand
KLS:kco
Enclosure — OMW Standard Terms of Engagement
cc: Vicki Carlsen, Finance Director
Mayor Allan Ekberg
October 15, 2020
Page 3
I HEREBY ACCEPT AND AGREE TO the foregoing letter and the attached Standard Terms of
Engagement this day of October, 2020.
By:
Print Name: Allan Ekberg
Its: Mayor
Date:
rA
Mayor Allan Ekberg
October 15, 2020
Page 4
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 January; however, our current rates are locked in until December
31, 2022. 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.
Rl
Mayor Allan Ekberg
October 15, 2020
Page 5
Legal services would be billed monthly, 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.
TPrminntinn
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
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Mayor Allan Ekberg
October 15, 2020
Page 6
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
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.
IN
Mayor Allan Ekberg
October 15, 2020
Page 7
EXHIBIT A -SCOPE OF SERVICES
Contractor agrees to provide a level of service equal to or greater than the level of service
provided by an in-house city attorney working approximately 28 hours per week. Kari L. Sand is
the designated member of Ogden Murphy Wallace that will serve as the City Attorney. 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
outside of the regular office hours for that attorney, including but not limited to
If
Mayor Allan Ekberg
October 15, 2020
Page 8
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 2021-2022 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
2021-2022 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.
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Mayor Allan Ekberg
October 15, 2020
Page 9
EXHIBIT B -COMPENSATION AND METHOD OF PAYMENT
1. City Attorney General Services. For 2021-2022, all city attorney general services set
forth in Section 1 of Exhibit A, Contractor shall be paid a flat monthly fee of $33,000, 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.
2. City-Attornev-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.
2021-2022
Hourly Rates for Separate Services (Section 2)
Member
$350/hour
Associates
$275/hour
3. 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 2021-2022 as set
forth below.
2021-2022
Hourly Rates for Special Services (Section 3)
Member
$385/hour
Associates
$285/hour
Paralegal services for all matters will be billed at $140/hour.
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Ell
Counci/members Present.• Verna Seal, Chair; Kathy Hougardy, Zak Idan
Staff Present: David Cline, Vicky Carlsen, Tony Cullerton, Laurel Humphrey
Chair Seal called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Contract: 2021-2022 City Attorney Services
Staff is seeking Council approval of a contract with Ogden Murphy Wallace for attorney services
for 2021-2022. General services will be billed at a flat monthly rate of $33,000 and other matters
will be billed hourly as described in the memo.
Committee Recommendation
Unanimous approval. Forward to November 16, 2020 Regular Consent Agenda.
B. Contract: 2021-2022 Prosecution Services
Staff is seeking Council approval of a contract with the Walls Law Firm for prosecution
services in the amount of $12,500 per month.
Committee Recommendation
Unanimous approval. Forward to November 16, 2020 Regular Consent Agenda.
C. Contract: 2021-2022 Public Defense Services
Staff is seeking approval of a contract with Kirshenbaum & Goss for public defender services
in the amount of $29,100 per month.
Committee Recommendation
Unanimous approval. Forward to November 16, 2020 Regular Consent Agenda.
D. Tax Levy Legislation
Staff is seeking Council approval of ordinances to increase the regular tax levy from 20120
and adopt the general and excess property tax levy for 2021.
Committee Recommendation
Unanimous approval. Forward to November 9, 2020 Committee of the Whole for Public
Hearing.
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