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HomeMy WebLinkAbout01-11-2024 - PacketDINA WASHINGTON MEDINA CITY COUNCIL Thursday, January 11, 2024 2:00 PM - REGULAR MEETING AGENDA VISION STATEMENT Medina is a family -friendly, diverse and inclusive community on the shores of Lake Washington. With parks and open spaces, Medina is a quiet and safe small city, with active and highly -engaged residents. Medina honors its heritage while preserving its natural environment and resources for current and future generations. MISSION STATEMENT Ensure efficient delivery of quality public services, act as responsible stewards of Medina's financial and natural resources, celebrate diversity, leverage local talent, and promote the safety, health, and quality of life of those who live, work, and play in Medina. MEDINA, WASHINGTON MEDINA CITY COUNCIL SPECIAL MEETING Hybrid - Virtual/In-Person Thursday, January 11,2024-2:00 PM AGENDA MAYOR I Jessica Rossman DEPUTY MAYOR I Randy Reeves COUNCIL MEMBERS I Joseph Brazen, Jennifer Garone, Harini Gokul, Mac Johnston, Michael Luis CITY MANAGER I Stephen R. Burns ASSISTANT CITY ATTORNEY I Emily Romanenko CITY CLERK I Aimee Kellerman Virtual Meeting Participation The Medina City Council has moved to hybrid meetings, offering both in -person and online meeting participation. In accordance with the direction from Governor Inslee, masking and social distancing will be optional for those participating in person. Meeting ID: 896 5655 1176 Passcode:292145 One tap mobile +12532158782,,89656551176# US (Tacoma) 1. SPECIAL MEETING - CALL TO ORDER / ROLL CALL Council Members Brazen, Garone, Gokul, Johnston, Luis, Reeves, and Rossman 2. SPECIAL MEETING TOPICS 2.1 Interview Panel Orientation — 2:00 PM — 2:15 PM 2.L City Attorney Interview - Ogden Murphy Wallace, PLLC — 2:15 PM — 3:15 PM 2.3 City Attorney Interview - Inslee Best — 3:30 PM - 4:30 PM 3. EXECUTIVE SESSION — Time Estimate: 30 Minutes RCW 42.30.110(1)(g) 0 To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. Council may take action following the Executive Session. 4. ADJOURNMENT Next Regular Meeting: Monday, January 22, 2024 at 5:00 PM. UPCOMING MEETINGS Monday, January 15, 2024 - Martin Luther King Jr. Day - City Hall Closed Monday, January 22, 2024 - City Council Meeting (5:00 PM) Monday, February 12, 2024 - City Council Meeting (5:00 PM) Monday, February 19, 2024 - PresidentsDay - City Hall Closed Monday, February 26, 2024 - City Council Meeting (5:00 PM) Monday, March 11, 2024 - City Council Meeting (5:00 PM) Monday, March 25, 2024 - City Council Meeting (5:00 PM) CERTIFICATION OF POSTING AGENDA The agenda for the Thursday, January 11, 2024 Special Meeting of the Medina City Council was posted and available for review on Wednesday, January 10, 2024 at City Hall of the City of Medina, 501 Evergreen Point Road, Medina, WA 98039. The agenda is also available on the city website at www.medina-wa.gov. 0 AGENDA ITEM 2.2 Andrew Tsoming Member atsoming(c�omwlaw.com (206) 447-2236 A •u Emily Romanenko Member eromanenko@omwlaw.com (206) 454-8321 Jim Haney Member jhaney@omwlaw.com (206) 447-2233 p1j Drew Pollom Associate dpollom@omwlaw.com (206) 447-2268 4 i1;1I,I `;�l1EDINA �,,IIWASHINGTON ' . p ATTORNEYS City of Medina City Attorney Proposal for Services Respectfully submitted by: Emily Romanenko eromanenko@omwlaw.com Ogden Murphy Wallace, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164 (206) 447-7000 1 WWW.OMWLAW,COM Li AGENDA ITEM 2.2 OGDEN MURPHY WALLACE R ', SUBMITTED VIA HAND -DELIVERY December 1, 2023 City of Medina Attn: Aimee Kellerman City Clerk 501 Evergreen Point Road Medina, Washington 98039 Re: Proposal for City Attorney Services Dear Ms. Kellerman: OGDEN MURPHY WALLACE, PLLC 12064477000 OMWLAW.COM 901 FIFTH AVENUE, SUITE 3500 F 206.447.0215 SEATTLE, WA 98164-2536 EMILY F. ROMANENKO 206.447.2250 eromanenko@omwlaw.com It is my pleasure to provide this letter and related enclosures on behalf of Ogden Murphy Wallace, P.L.L.C. ("OMW") to the City of Medina, in response to the City's Request for Proposals for City Attorney Services. OMW currently provides city attorney services to Medina, and we welcome the opportunity to extend our services into 2024 and beyond. As detailed in our proposal, I would serve as the City Attorney and would be assisted by Andrew Tsoming and Drew Pollom as Assistant City Attorneys. Additionally, in recognition of the City's emerging and dynamic land use issues, especially in light of the changing state regulations from Olympia, we are also proposing to be supported by Jim Haney, a member of the firm with over forty years of experience in land use law and land use litigation. Over the last five years, OWM has provided the full range of municipal services to Medina, leveraging our extensive experience working within the municipal environment to better serve the Medina Council, staff and community. As the incumbent provider, we know the issues, the people, and the processes in Medina. We have demonstrated that we listen to your needs, work diligently to achieve your objectives and strive to exceed your expectations. We are an established good fit with the City's team, which will provide continuity and the ability to move forward seamlessly. We are confident in our abilities to continue to manage the complex and routine legal issues facing the City today and tomorrow; moreover, we are open to change and dedicated to continuous improvement. We stand ready to serve the City and meet its dynamic needs and future challenges. Below are OMW's qualification highlights for your consideration: Page 1 of 11 AGENDA ITEM 2.2 Qualification Highlights: • OMW has a deep knowledge of municipal legal issues developed through decades of experience working with cities, towns, counties, and special purpose districts throughout the State of Washington and a proven track record of effectively assisting the Medina team. Highlights from our work with Medina over the last five years include assisting the Development Services Department with contracting, permitting, and land use issues; advising on code enforcement procedures and handling enforcement actions; substantial MMC code updates and new code provisions (e.g. Tree Code and Low Impact Development code); WSDOT LID matters; telecom negotiations; litigating the Fairweather Creek dispute; providing public records act assistance; and more. We have a customer -focused commitment to provide our clients with timely and direct answers to questions, requests for services, and needs for legal guidance. • 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 an exceptional value as we intentionally assign legal tasks in a manner that effectively manages legal costs. • OMW and its Municipal Group have the resources and workforce to consistently provide quality, responsive service to our clients. In addition to the proposed team of myself, Andrew Tsoming, Drew Pollom, and Jim Haney, our Municipal Team also includes Zack Lell, Kari Sand, Karen Sutherland, Greg Rubstello, Daniel Kenny, and Nick Morton. Further, OMW has specialized attorneys in all of the following areas: land use and environmental planning; real estate development; employment and labor relations; public records and public meeting requirements; purchasing and procurement; tax and finance; tribal law; and litigation relating to the foregoing topics. As the enclosed proposal demonstrates in greater detail, if chosen, OMW would continue to provide the City with exceptional and cost-effective representation encompassing the full spectrum of legal services. Thank you for your consideration and the opportunity to submit this proposal. We look forward to hearing from you and hope to continue our successful relationship with Medina. Very truly yours, Ogden Murphy Wallace, P.L.L.C. Emily Romanenko Page 2 of 11 AGENDA ITEM 2.2 Section 1: Experience OMW's most relevant experience is its work as the current City Attorney for the City. Given that we know the issues, people, and processes in the City, we can uniquely provide continuity and a seamless transition. We have developed and will maintain strong relationships with staff and elected officials. Proposed City Attorney Core Team We propose that, if selected, Emily Romanenko will serve as your City Attorney and the primary point of contact. As detailed herein, Emily's areas of emphasis includes land use law, Public Records Act and Open Public Meeting act compliance, public works and procurement, and telecommunication and franchising. Andrew Tsoming, Jim Haney and Drew Pollom will assist Emily Romanenko in providing services and will continue to utilize a collaborative, practical, efficient, and cost-effective approach. Emily Romanenko (Member/City Attorney) — Emily currently serves as the Assistant City Attorney for Medina. In her role as Medina Assistant City Attorney, she has: • Responded to issues and questions from former Planning Manager, Stephanie Keyser, current Development Services Director, Steve Wilcox, as well as Planning Commissioners and Councilmembers regarding a wide variety of land use issues. Questions have ranged from vesting issues, application of recent land use legislation, issuance of land use permits, and interpreting plat requirements. She has met with staff and residents when requested to discuss code requirements and has worked collaboratively with opposing counsel to answer and resolve code interpretation questions. Emily also advised on a variety of code enforcement matters related to land use code violations. • Assisted City staff in drafting and negotiating multiple different agreements. This has included real estate agreements, settlement agreements, construction utility reimbursement agreements, and franchises. She specifically assisted with negotiating and finalizing the MClmetro Franchise Agreement as well as construction agreements for utility work in the right-of-way. • Worked closely with City staff on all things related to wireless issues. She is very familiar with the City's wireless code, having assisted in drafting updates in response to the 2018 FCC Small Cell Order. This work includes assisting staff with reviewing small wireless facility permits and macro facility permits. She also regularly advises the City on changing federal regulations to ensure the City's interests are protected. • Collaborated with City staff to handle complex requests proactively, responsively, and transparently. Emily worked closely with staff to prepare a presentation to Council regarding the City's PRA program. This required becoming familiar with the City's PRA policy and history. Additionally, she met with staff to discuss "best practices" for PRA responses and provided template materials for standardized responses. She has also advised on the appropriate redactions for various documents and records. Page 3 of 11 AGENDA ITEM 2.2 • Provided City Council meeting coverage and participated in the presentation of code amendments, contracts, and policy changes. She has also responded to Councilmember questions outside of meetings regarding various issues (e.g., land use questions, OPMA concerns, and wireless issues). • Advised on code violations and community concerns. Emily has a proactive and practical approach to problem solving that addresses staff concerns, assesses the legal risks following legal research on the issue, and provide guidance for next steps. Emily currently serves as the Town Attorney for Yarrow Point, the City Attorney for Poulsbo, and the Assistant City Attorney for Sammamish, Tukwila, and Normandy Park. These roles and experiences enable Emily to quickly recognize issues, evaluate the range of options and solutions, and select the best course of action in consultation with City Staff. For additional information, please view https://www.omwlaw.com/people/emily-romanenko. Andrew Tsoming (Member/Assistant City Attorney) — Andrew has over 10 years of legal experience and 5 years of general municipal experience. He is currently the City Attorney for Milton, the Assistant City Attorney for Tukwila, and the Assistant Town Attorney for South Prairie. Andrew's work includes advising and representing clients on a wide variety of municipal issues, including constitutional law, land use, contract review and negotiation, interlocal agreements, franchise agreements, code compliance, legal review of police issues, drug forfeitures, ethics, and the Public Records Act. For additional information, please view https://www.oriiwlaw rom/people/andrew-tsomin :. James Haney (Member/Municipal and Land Use Attorney) — Jim has over forty years of experience in general municipal law with an emphasis on land use regulation and litigation, environmental law, condemnation and land acquisition, and public works contracting and construction. Jim began his municipal practice as the Black Diamond City Attorney and South Prairie Town Attorney in 1980. Currently, he is the lead City Attorney for the cities of Bainbridge Island and Redmond. Prior to becoming the Bainbridge Island City Attorney in 2023, Jim served as outside land use counsel for the City for nine years. Jim has also provided land use legal services for the City of Seattle, the City of Gig Harbor, the City of Poulsbo, and our other municipal clients. Jim's land use experience has proven successful in the following Growth Management Hearings Board and Court of Appeals matters: Central Puget Sound Growth Management Hearings Board: • Jha Family. LLC v. City of Redmond, 2018 WL 9801874 (2018) — successfully defended City's decision to leave requested comprehensive plan amendment and rezone off the annual docket. • Pier 67 Capital Partners v. City of Redmond, 2021 WL 5044790 (2021)- successfully defended City's denial of comprehensive plan amendment and rezone request. Page 4 of 11 AGENDA ITEM 2.2 Washington State Court of Appeals, Washington Supreme Court, and U.S. Supreme Court: • Westridge-Issaquah. LLP v. City of Issaquah, 20 Wn. App. 2d 344, 500 P.3d 157 (2021) — successfully defended City's imposition of updated utility connection fees against claim that subdivision was vested to old fees. • PRSM v. City of Bainbridge Island, 24 Wn. App. 2d 1047 (2022) (unpublished), rev. denied, 1 Wn.3d 1014 (2023); petition for writ of certiorari pending in U.S. Supreme Court —successfully defended City's Shoreline Master Program and decision of Growth Board upholding it. For additional information, please view htt s: www.omwlaw.com eo le lames -hang . Drew Pollom (Associate/Municipal Attorney) — Drew is an associate in the firm's Municipal Law practice, assisting clients with a broad range of legal issues. Drew has recently assisted with projects for the City of Medina including but not limited to; code enforcement appeals, memorandums on obligations and regulations as well as several public records projects. For additional information, please view htts://www.omwlaw.com/peop/drew-pollom. Additional OMW Attorneys with Specialized Expertise In addition to the Core Team proposed above, OMW has the resources to provide other attorneys from our Municipal Practice Group for specific matters within their areas of emphasis. All attorneys in OMW's Municipal Team are fully qualified as general practitioners of municipal law and advise our city clients on a wide variety of issues, including land use, public works contracting and construction claims, the Open Public Meetings Act, the Public Records Act, and litigation. OMW attorneys from our other practice areas are available to assist the City with matters in their areas of expertise, including Zach Lell, our resident land use litigator; Karen Sutherland who specializes in all facets of employment and labor law; Kari Lester who has successfully litigated Public Records Act claims for our municipal clients; Jeff Dunbar and Geoff Bridgman who can assist with complex litigation matters; and Athan Tramountanas whose practice focuses on all aspects of public works and construction law. Further information regarding each of these lawyers can be found on OMW's website. OMW Collective Expertise Collectively, OMW's Municipal Team and specialized counsel can assist the City of Medina with the full spectrum of municipal legal services, particularly the following areas: • Land Use and Development. 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, SEPA, the Shoreline Management Act, the Regulatory Reform statute, the Appearance of Fairness Doctrine, and other laws governing land use and development in local communities. Our attorneys have represented municipalities in land use litigation at every level of the judiciary, including the United States Supreme Page 5 of 11 Flo AGENDA ITEM 2.2 Court. We have also successfully defended local land use decisions and zoning actions before a variety of administrative tribunals, including the Growth Management Hearings Board, the Shorelines Hearings Board, and the Pollution Control Hearings Board. • Legislative Monitoring and Analysis. Our team monitors, reviews, and analyzes the impact of legislative and regulatory changes to stay abreast of the changing legal landscape. Our substantive knowledge and deep subject matter expertise on all manner of municipal issues ensures that we can provide advice that protects our clients' interests while ensuring compliance with state and federal regulations. • Council, Boards and Commissions Meetings. Attendance at city council meetings, and boards and commissions meetings, is an important aspect of municipal law practice. Each of our municipal attorneys is familiar with the legal requirements of the Open Public Meetings Act, relevant parliamentary procedures, Council Rules of Procedure, and Boards and Commissions bylaws, and the executive/legislative division of responsibility under state law. Our land use expertise is also helpful to clients with quasi-judicial public hearings. We help facilitate orderly, productive public meetings for our client cities and their staff. • Ordinances and Resolutions. A critical function of municipal government is the development and implementation of local legislation. Each of our municipal attorneys' review and draft ordinances and resolutions, and agenda bills as needed, as part of our daily practice. We are 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 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. Our firm's goal is to act proactively to avoid disputes or to work toward resolution before the litigation stage is reached when possible. If litigation becomes necessary, we are ready to vigorously protect your interests. For over 40 years, our lawyers have successfully represented municipalities before a host of courts and administrative tribunals. The range of legal issues implicated in these proceedings is broad, and includes land use permitting and zoning, SEPA determinations, eminent domain, annexation, personnel matters, public records disclosure, public works matters, code enforcement, public nuisance abatement, homeless encampments, gambling ordinances, takings, and substantive due process challenges, among others. • Street, Utility, and LID. We routinely work with clients as they perform street, sewer, and water improvement projects. These services include acquisition of easements and right-of-way, utility coordination, and latecomer agreements. Our attorneys also have expertise in forming local improvement districts and defending challenges to LID assessments. Page 6 of 11 F-11 AGENDA ITEM 2.2 • Contracts, Interlocal Agreements and Real Estate Purchases. Our attorneys recognize that every contract memorializes our client's legal relationship with a third party, and we 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 procurement of equipment and materials. We also routinely prepare interlocal agreements spanning a broad range of issues such as shared municipal services and joint financing programs. We regularly assist with real estate purchase and sale agreements, development agreements, and other documents necessary for real property conveyance and development. • 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 provide periodic training for City staff, which we recommend 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. • Employment. 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 Kari Sand, Karen Sutherland, Jennifer Berry, Julia Norton, and Peggy Rodriguez. Our Employment and Labor Law Practice Group provides advice on all aspects of employment law to our public sector clients, including negotiations with employee bargaining representatives and the drafting and implementation of labor contracts, 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. • Code Enforcement and Nuisance Abatement. We routinely work with clients to resolve code enforcement problems and conduct nuisance abatement. Successful code enforcement requires being proactive and communicative and our office works closely with code enforcement officers and residents to find a way forward to bring properties into code compliance. Our attorneys have expertise in writing warning letters, voluntary compliance agreements, and notices of violation. When voluntary compliance is not achieved, our attorneys have successfully litigated nuisance abatement matters at the administrative (Hearing Examiner), superior court, and appellate levels. • Risk Assessment and Tort Law. OMW routinely provides risk management services to our municipal clients to effectively manage risk exposure based on the client's risk Page 7 of 11 12 AGENDA ITEM 2.2 appetite in each situation. Not all risks are equal, but we are able to assist our clients with identifying, evaluating, analyzing, and mitigating day-to-day and complex risks to ensure the client's success. 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. We are very familiar with the Washington Cities Insurance Authority, of which Medina 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 and manage risk. Section L. IMMCuriuu of Service Provision pope of Wore We propose to perform the full scope of City Attorney services for the City of Medina. This includes, but is not limited to, • Providing day-to-day legal advice, counsel, training, consultation, and opinions to the City Manager and Staff, City Council, and Planning Commission and other advisory bodies. • Advising on land use planning and development issues, code enforcement and litigation, discrimination, construction, assist with purchasing and procurement, draft and review ordinances, resolutions and contract, advise on employment and labor matters, as well as tort issues, and aid in leasing and the purchase and sale of property. • Commitment to attending meetings to furnish legal representation to Council, staff, and any boards and commissions as desired by the City. • Appearing before courts and agencies to represent the City's interests. • Assisting in the implementation of policies, programs, and projects, working cooperatively with WCIA, the municipal prosecutor, and other legal counsel retained for special projects. • Assisting in maintaining awareness of ethical standards and appearance of fairness standards to avoid conflicts of interest and prohibited transactions. • Advising on Open Public Meetings Act and Public Records Act compliance. • Providing any other legal services and tasks assigned by the City Manager. Method of Service Deliver As stated in our cover letter, we welcome the opportunity to continue serving the City of Medina. Having served the City for the last five years, we have demonstrated our ability to effectively collaborate with the City's team and are proud of what we have accomplished together. OMW's core team of Emily Romanenko, Andrew Tsoming, Jim Haney and Drew Pollom — along with our talented group of general municipal and specialized attorneys — is committed to helping the City achieve its goals while maintaining its values. Emily has developed trusted working relationships with City staff and will further integrate her proposed City Attorney team into the City according to the City's preferences. We strive to continuously improve and are receptive to feedback and Page 8 of 11 F13] AGENDA ITEM 2.2 suggestions for how we can best meet the City's needs. We hope to build on our collaboration with the City of Medina in 2024 and beyond. We are a multi -specialty law firm committed to its clients and servicing their legal needs. With this focal point we have been and will continue providing practical, solution -oriented, and cost- effective legal services to Medina. OMW has the depth and breadth of experience to provide the full spectrum of legal services to Medina in an efficient, cost-effective, and comprehensive manner consistent with the City's goals and values. Our firm's responsiveness to the needs of our clients is a point of professional pride for our attorneys. Our attorneys will be able to meet any reasonable level of availability Medina may require. As your lead attorney, Emily Romanenko will be available via email, text, cell, or fax. She is available to attend meetings on short notice and can be reached promptly by phone. In the event Emily is unavailability due to illness, vacation, or trials, Assistant City Attorney Andrew Tsoming and Drew Pollom will be available for meeting coverage. Philosonhu nnrd Annrnarh Our philosophy is to provide our public entity clients with the highest quality legal services at an affordable price. We recognize that municipalities, particularly under today's economic circumstances, must receive efficient and effective representation on a fixed annual budget. We work with our clients to help them utilize our services efficiently and to manage their legal services to stay within their means. We strive to provide our clients with legal services that help them accomplish their goals. We collaborate and communicate with our clients to be sure that we fully understand what they are trying to accomplish, and we then set about finding a way to accomplish that end within legal means. We tailor our work product to meet the City's needs and preferences. This allows us to have a nuanced and tailored approach depending on the nature and complexity of the particular issue involved. For routine and relatively simple issues, our initial response typically includes a substantive answer to the client's inquiry. For more complex or long-term matters requiring consultation with third parties or research (e.g., preparing for union contract negotiations, drafting pleadings, briefs, contracts, or personnel policies, preparation of formal legal opinions, etc.), the initial response is sometimes formatted as an acknowledgement of the client's request and an estimated timeframe for completing the necessary work. We are sensitive to our clients' needs for timely assistance and we can generally meet any reasonable deadline. Uniqueness As stated above, Emily Romanenko will be the lead City Attorney and primary point of contact; however, the proposed City Attorney team, and the entire firm, stand ready to assist the City as needed. Where appropriate, Emily will delegate and assign specific matters to other attorneys in the firm. This will enable the City to benefit from the specialized knowledge of OMW's various attorneys and practice groups whenever such expertise is needed. It will also ensure that less senior attorneys with lower billing rates will be assigned to perform routine, less complex tasks that do not require the direct attention of a firm Member. We believe that we are uniquely qualified to and prepared to serve the City and our goal will be to ensure we provide the City with Page 9 of 11 F14] AGENDA ITEM 2.2 the highest level of client service, with the most efficient allocation of resources. section 3. rroposeu ree .3tructure Our proposed rates are highly competitive with other Puget Sound area law firms with municipal practices. Additionally, OMW has demonstrated its ability over the last year to effectively manage legal services to achieve overall cost savings for the City. Based on our service model, we propose to continue providing general legal services at a standard hourly rate arrangement, which will increase by the greater of CPI or 4% effective January 1st each year. 2024 Hourly Billing Rates: General Legal Services (meeting attendance, ordinance and resolution drafting, routine consultations, and all work not defined as "Specialty Services" below) Member $330 Associate $285 Paralegal $170 Specialty Legal Services (real estate transactions, project -specific land use work, development agreement negotiations, franchise negotiations, and litigation including appeals) Member _ $415 Associate $320 Paralegal $190 Travel Time Travel time for City -related business will be billed at applicable hourly rates, with a $75.00 discount applied. Miscellaneous Expenses The firm does not charge for normal clerical or secretarial work. Costs will be charged and reimbursed for the following: 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 provide monthly invoices for services performed in the prior month. OMW's invoice will show the service provided described in a manner sensitive to protecting the attorney -client privilege, the date, the person providing the service, and the time expended in tenths of an hour increments. OMW will work with the City to develop and implement a billing and invoicing process 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, franchise negotiations, etc.) that arises. Page 10 of 11 F15] AGENDA ITEM 2.2 Section 4. Statement if Contract Compliance OMW maintains adequate insurance coverage at all times. If selected, we would be pleased to provide the City of Medina with appropriate proof of insurance indicating a minimum of $2,000,000 per occurrence or claim in both liability and errors and omissions coverage. Section 5. References Katy Kinney Harris Town of Yarrow Point Mayor 4030 95th Ave NE Yarrow Point, WA (425) 786-6099 1 mayor@yarrowpointwa.gov Mayor Harris currently works with Emily, who handles the town's complete range of day-to-day legal needs in her capacity as Town Attorney. Emily also attends Council meetings, board and commission sessions, and offers advice on land use planning and litigation strategy. Carol Helland City of Redmond Director of Planning and Community Development P.O. Box 97101, Mail Stop 4SPL 15960 NE 85th Street, Redmond, WA 98052 (425) 554-2107 1 .ianaLLreamona.go Ms. Helland has worked with Jim on many land use projects for the City of Redmond, including comprehensive plan amendments, rezones, development regulations, project permits, and land use appeals. Nora Gierloff City of Tukwila Director of Community Development 6200 Southcenter Boulevard, Tukwila, WA 98188 (206) 431-3686 1 .gieriuiI L 1UIcwnawd.„uv Ms. Gierloff has worked with Emily and Andrew on numerous land use planning and projects, including code enforcement matters, since OMW began providing city attorney services to Tukwila in April of 2020. Additional references are available upon request. Page 11 of 11 16 I N S LE E Skyline Tower Jen Atto tt AGENDA ITEM 2.3 Suite 1500 BEST 10900 NE 4th Street Dir: 42204 jrobertson@insleebest.com Bellevue, WA 98004 Attorneys at Law Charlotte A. Archer Kay L. Brossard November 28, 2023 Curtis J. Chambers Marcia Hyunjin Cho City of Medina AnnaLisa C. Danysh Attn: Aimee Kellerman, City Clerk Daniel G. Findley 501 Evergreen Point Road Eric C. Frimodt J. Todd Henry P.O. Box 144 Anneliese E. Johnson Medina WA 98039 Rosemary A. Larson David J. Lawyer Re: Proposal for Contract City Attorney Services Mark S. Leen James C. McGuire Dear Ms. Kellerman: Kathryn Felice Peterson Christopher W. Pirnke Dawn F. Reitan Inslee, Best, Doezie & Ryder, P.S. is pleased to submit six copies of the enclosed Jennifer S. Robertson proposal to provide general legal services to the City of Medina. We believe that our Randi L. Shaffer extensive experience in the areas of law affecting municipalities make us particularly Daniel N. Shin well qualified to provide legal services to Medina. In addition, our close vicinity to Gregory L. Ursich Medina City Hall (our office is located just minutes away in Downtown Bellevue) Katherine F. Weber means that it will be expedient for us to serve Medina in person at office hours (if Brett N. Wiese Juliana U. Wong requested), Council meetings, staff meetings, Planning Commission meetings, etc. Jessica N. Yu As described in the enclosed proposal, our experienced firm and our experienced Municipal Group are well -suited to fit the needs of Medina. Our firm has a deep bench of attorneys skilled in all areas that impact your community, from labor and employment to cyber security to land use to intellectual property. We propose Jennifer Robertson serve as the lead City Attorney and Curtis J. Chambers serve as the Assistant City Attorney. Ms. Robertson is an experienced municipal attorney who has successfully represented Washington cities for over 25 years. Mr. Chambers is a seasoned attorney, exceptional at resolving tough code enforcement matters, and highly skilled as both a municipal advisor and litigator. Further, the City would have access to our entire Municipal Group and full -service law firm, allowing the City to benefit from our substantial experience serving cities and providing legal services to municipalities. Attorneys in the Municipal Group have a history and tradition of working cooperatively with each client to provide excellent, cost-efficient, and timely service. We would welcome the opportunity to represent Medina. Thank you for the opportunity to share information with you about our firm. We wish the City every success in serving the community of Medina. If you need supplemental information or wish to schedule an interview, please contact me at (425) 450-4204. Inslee Best Doezie & Ryder P.S. 10779853.1-099998- 0098 Main: 425.455.1234 Fax: 425.635.7720 insleebest.com 17 City of Medina November 28, 2023 Page 2 of 2 We appreciate the opportunity to be considered by Medina for these services. Sincerely, RYDER, P.S. 10779853.1 - 099998 - 0098 AGENDA ITEM 2.3 18 AGENDA ITEM 2.3 INSLEE BEST Proposal for Contracted City Attorney — General Municipal Legal Services City of Medina, Washington From: INSLEE, BEST, DOEZIE & RYDER, P.S. 10900 NE 4th Street, Suite 1500 Bellevue, WA 98004 Contact Person: Jennifer S. Robertson Phone: (425) 450-4204 Fax: (425) 635-7720 jobertsoma insleebest.com Presented to: City of Medina Attn: Aimee Kellerman, City Clerk 501 Evergreen Point Road P.O. Box 144 Medina, WA 98039 December 1, 2023 -1- 10768129.3 - 099998 - 0098 19 AGENDA ITEM 2.3 A. INTRODUCTION TO THE FIRM AND ATTORNEYS Inslee Best is a full -service law firm of 28 attorneys providing a wide range of legal services to its municipal clients located throughout the Pacific Northwest. These services include municipal, real estate, construction, environmental and land use, labor and employment, taxation, intellectual property, bankruptcy, general business, general litigation, and mediation. To better serve municipal clients, Inslee Best has formed a Municipal Group, comprised of seven attorneys with practices focusing on the representation of municipalities, and four other attorneys who provide services to municipalities in their specific areas of law. The Municipal Group attorneys serve as City Attorney for the Cities of Bonney Lake, Brier, Kenmore, Newcastle, Orting, Pacific, Port Orchard, Ruston, and Vader. We have represented the City of Bainbridge as Special Legal Counsel on a variety of matters, and the Cities of Kirkland, Anacortes, and Twisp as Special Legal Counsel on land use matters. In addition, attorneys in the Municipal Group have served as general and special counsel to many other cities and agencies, including Redmond, Sammamish, Duvall, Covington, Clyde Hill, Hunts Point, Black Diamond, North Bend, Everett, Ellensburg, Gig Harbor, Kent, Lakewood, Mukilteo, Mount Vernon, Mountlake Terrace, Blaine, Tukwila, Puyallup, Friday Harbor, Roy, Sumas, Olympia, Vancouver, the Seattle Public Safety Service Commission, various entities through AWC-RMSA insurance, Renton Housing Authority, King County Housing Authority, over 30 water -sewer districts, a flood control district, and two conservation districts. Jennifer Robertson, Charlotte Archer, Eric Frimodt, Rosemary Larson, Dawn Reitan, Curtis Chambers, and Chris Pirnke are the attorneys in the Municipal Group who focus their practices primarily or exclusively on municipal law. In the area of municipal law, these attorneys have extensive experience representing public agencies in Washington. Through our representation of municipalities, we have gained extensive experience in all aspects of municipal law, including the following areas: Intergovernmental contracting Open public meetings Ordinance/resolution drafting Personnel and labor relations Competitive bidding and construction Boundary Review Board matters Mergers, consolidations and assumptions Annexations Real estate/easement transactions Interlocal Agreements Land Use and permitting SEPA Compliance with COVID emergency orders Public liability Public records disclosure Moratoria and interim official controls Litigation, mediation, and arbitration Finance and taxes Eminent domain (condemnations) Developer extension agreements Lien foreclosures Local improvement districts Utilities rate setting, connection fees, and taxes Growth Management Act compliance Development Agreements Public Ethics Rules In addition, the firm's attorneys with experience in pertinent areas of law to municipalities work closely with the Municipal Group. Kathy Weber assists the firm's municipal clients in employment and labor law matters. Curtis Chambers and Chris Pirnke provide legal services in -2- 10768129.3 - 099998 - 0098 20 AGENDA ITEM 2.3 the areas of construction and public works, as well as general litigation. Kay Brossard and Daniel Shin provides legal services in the area of real estate. The firm also has a robust intellectual property practice group, and the firm's clients benefit from that knowledge base as well. B. PROPOSAL AND QUALIFICATIONS OF FIRM AND ATTORNEYS Firm's Approach to Representing Municipalities. Inslee Best's Municipal Group is guided by the following philosophy: provide high quality and timely services at a reasonable cost. To accomplish these goals, the attorneys in the Municipal Group focus on two implementing principles: maintain excellent communications with the client and utilize appropriate attorneys whenever possible. By applying this philosophy, the Municipal Group has an exceptional record in retaining our municipal clients. Depending on staff levels, budget constraints, types of projects and resident expectations, the legal needs of public clients differ widely. For this reason, constant and open communication between the client and the lead attorney is critical to the successful delivery of legal services. To foster good communication, the Municipal Group attorneys listen carefully. Usually, a client has a general understanding of the desired outcome of a situation and has a preferred way to reach the outcome. By listening carefully and conversing with, not at, a client, the attorneys can guide the client to an appropriate response and conclusion that is cost effective. Open communication must also occur through targeted and efficient contact. A lead attorney should be familiar with most of the legal subject areas encountered by a public client and should be proficient in them. The client should be able to call the lead attorney and receive answers to most questions over the telephone. Therefore, the Municipal Group has a policy of answering all telephone calls or emails the same day, with the goal of answering them within two hours. To be responsive, a lead attorney must be available in the office. Nothing is more frustrating to a client than to learn that the attorney is in an all -day meeting, deposition, or trial. In order to increase our office availability, the Municipal Group's lead attorneys delegate to appropriate attorneys all work that can be efficiently and appropriately performed by them. Examples of candidates for delegation are lawsuits, in-depth and complicated issues in a particular area of law, and legal research. However, lead attorneys still need to be gone from the office at times. Therefore, trained backup attorneys, including other Municipal Group partners, are available whenever a lead attorney is absent. These attorneys have the experience and background to answer most of the questions and handle most of the urgent matters. As attorneys who primarily provide services to public clients, the Municipal Group recognizes the importance to municipalities of adhering to a budget. Thus, we strive to keep our clients' legal costs to the minimum necessary to accomplish their goals. We have found that cost containment can be accomplished through a number of techniques that do not in any way diminish the result achieved for the client. For instance, appropriate delegation of work, whether to an attorney with substantial prior experience in a pertinent area of law or to an associate who can provide services on a routine matter at a lower cost, decreases a client's legal costs. Moreover, the negotiation of disputes to a resolution that meets the client's goals reduces or eliminates litigation costs. -3- 10768129.3 -099998- 0098 F21 AGENDA ITEM 2.3 Specific Proposal and Qualifications. As detailed below, we propose that Jennifer Robertson serve as the primary City Attorney, and that Curtis Chambers serve as Assistant City Attorney. They will be assisted by the other attorneys in the Municipal Group, and non -Municipal Group attorneys where appropriate due to their experience and expertise with the advance consent of Medina. 1. Jennifer Robertson has served as general legal counsel to cities and special purpose districts for over 25 years. She has also served several cities as special counsel in land use matters. She currently serves as the City Attorney for the Cities of Bonney Lake, Ruston, and Vader, and specialty land use counsel for the City of Port Orchard. She further assists as counsel for several of the firm's other agency clients and does land use and other work for cities insured by AWC-RMSA. Jennifer has experience in all aspects of municipal law, including open meetings, public records disclosure, conflicts of interest and the municipal code of ethics, land use and zoning, environmental and SETA compliance, finance, contracts and interlocal agreements, franchises, utility and rate issues, eminent domain, employment, administrative procedures, code enforcement, public works and bidding, development agreements, real estate, and code and statutory interpretation. Jennifer has drafted, reviewed, and analyzed hundreds of local resolutions, ordinances and code provisions covering a wide variety of legislative topics, including zoning, critical areas, environmental, shorelines, franchises, finance, telecommunications, utilities, and administrative procedures. In addition, she has worked extensively with her municipal clients on issues related to Public Records Act response, Open Public Meetings Act compliance, and ethics/conflicts of interest issues. Jennifer's municipal practice has included a wide variety of land use issues. She assists planning departments with drafting and revising development regulations, with the comprehensive planning process, and with permit processing and other land use approvals. She has negotiated, drafted, and reviewed a number of development agreements. She has represented cities before hearing examiners and courts on matters such as code enforcement appeals and land use decision appeals (primarily under the Land Use Petition Act), abatement of dangerous buildings and other code enforcement matters, and takings and other constitutional claims. In addition, Jennifer has been a policy maker for the City of Bellevue since 2003, serving 6 years on the Bellevue Planning Commission and 14 years on the Bellevue City Council. She did not run for re-election this year, so her time as a Bellevue Council Member will end on December 31, 2023. Her extensive involvement in regional committees as a Councilmember also means that she is well informed about issues that impact cities in King County and within the PSRC area. Thus, her 20 years of work for Bellevue provides her with a broader view of municipal issues and helps her provide better guidance to and advocacy for her clients. 2. Curtis Chambers is a member of Inslee Best's Municipal Group and has been practicing law in Washington since 2010. Curtis serves as the City Attorney for the City of Newcastle, supports the Firm's other city clients, serves as general counsel for a number of water and sewer districts, and other local government agencies by providing a full range of legal services, -4- 10768129.3 -099998- 0098 22 AGENDA ITEM 2.3 including drafting and reviewing ordinances and resolutions; advising city councils, boards of commissioners, and staff; drafting and reviewing contracts and interlocal agreements; advising on public works projects, including surety, bonding, and insurance matters; and advising on land use decisions and development regulations. He represents municipal entities in trial and appellate courts on a wide range of litigation, including contract and property disputes. Curtis also represents municipalities at the agency level, by, for example, defending actions in front of the Growth Management Hearings Board. Curtis is also active in code enforcement, from removal of junk vehicles to the abatement of dangerous buildings. More Information on Relevant Areas of Firm's Leval Expertise. Through their representation of cities and special purpose districts, Inslee Best attorneys have gained extensive experience in all areas of law that impact municipalities. This section summarizes our experience in some of the most pertinent areas of law. 1. Land Use and Environmental. As attorneys for municipalities, many of which are experiencing significant development activity, Inslee Best has developed extensive knowledge and experience in a wide range of land use and environmental matters, from assisting City staff in processing applications for large subdivisions or commercial redevelopment projects, to defending city land use approval decisions before the administrative agencies and courts, or city comprehensive plans and development regulations before the Growth Management Hearings Board, and all levels of code enforcement. Jennifer has extensive experience will all aspects of land use law. Curtis has extensive experience with land use litigation and all aspects of code enforcement, including chronic nuisance abatement. As a firm, we have been called on to prepare or review all types of land use and environmental ordinances, including ordinances relating to building codes (fire, building, plumbing, mechanical, abatement of dangerous buildings, and energy codes), street vacations, SEPA, critical areas, shoreline management master programs, subdivisions, impact fees, boundary line adjustments, planned unit developments, zoning codes and storm, sewer and water utilities. By writing and reviewing these laws, we have also become familiar with the principles and case authority governing them. We reviewed and revised draft ordinances implementing the Land Use Regulatory Reform Act (1995), which required us to analyze the entire land use permit application processes of clients in view of the new requirements of the Act. We prepared one of the first school impact fee ordinances in the State and have worked on numerous impact fee ordinances since that time. We further have prepared ordinances on high profile topics such as telecommunication facilities, adult businesses, development moratoria and interim official controls. Recently, we have also been updating our clients' code regarding permanent supportive housing, missing middle housing, emergency housing, accessory dwelling units, as well as source control and sewer pretreatment programs. Our land use work has involved the full spectrum of environmental review under SEPA regulations, critical areas ordinances, shoreline master programs, and planned action ordinances. We have reviewed countless SEPA environmental documents, from draft mitigated determinations of non -significance to environmental impact statements, and none of them has been successfully -5- 10768129.3 - 099998 - 0098 23 AGENDA ITEM 2.3 challenged in court or in administrative agencies. We have developed SEPA notices for clients. We have worked on shoreline substantial development permit matters. An interesting aspect of our critical areas ordinance work has been assisting cities to develop procedures for granting reasonable use exceptions to stringent sensitive areas requirements, in order to avoid takings. One of the most challenging yet satisfying aspects of our land use practice has been working with planning department staff to resolve the full range of issues that arise during land use permit processing. On a daily basis, we advise planners and building officials on the unusual issues that arise in the thousands of applications that are processed. We have written hundreds of legal opinions on a wide array of issues such as vesting, impact fees, variances, lot aggregations, nuisances, plat requirements, mitigation, setbacks, sign codes, nonconforming uses and structures, authority to regulate state development, and general statutory and code interpretation. We also have assisted cities in developing comprehensive plan policies and development regulations for downtown and general redevelopment, such as sub -area plans, vision plans and design guidelines. We have also assisted cities in negotiating, drafting, and processing development agreements under Chapter 36.70B RCW. We have been involved in many appeals from decisions of planning department directors, hearing examiners and city councils. We are experienced in representing municipalities before courts, boundary review boards, shorelines hearings boards, and growth management hearings boards. Many of the decisions involved highly controversial projects and several parties, including citizens groups and other agencies. 2. Employment Inslee Best's attorneys have extensive experience advising municipal clients on labor and employment issues, serving as general counsel to agencies throughout Washington. In addition, shareholder Kathy Weber has over 20 years of experience and works closely with municipalities, including cities, water -sewer districts, fire districts and other special purpose districts, on a wide variety of employment, personnel, and labor matters. Charlotte Archer frequently advises the firm's clients on these issues, has served as special counsel to the cities of North Bend and Tukwila on employment issues, and has successfully litigated employment matters on behalf of public agencies throughout her 10 -year career. Curtis Chambers has likewise litigated numerous employment matters, resulting in favorable outcomes for his clients. Both Kathy and Charlotte have extensive experience in advising municipalities on public employment and personnel issues, including but not limited to: hiring, separation and termination of employment, wage and hour issues, employee benefits, discrimination issues, disciplinary measures, employment policies and rules, employee rights and privacy, occupational safety and health issues, worker's compensation and public disclosure requirements as they apply to personnel records. They also regularly advise and represent municipal employers in labor matters, including union elections, labor grievances, unfair labor practice charges, collective bargaining and the decertification process. Charlotte likewise advises current clients on labor issues, including collective bargaining. Charlotte and Kathy regularly guide employer clients through -6- 10768129.3 - 099998 - 0098 24 AGENDA ITEM 2.3 sensitive workplace investigations, and Kathy also frequently serves as an independent investigator in workplace investigations. Kathy and Charlotte spend a significant amount of time helping clients avoid labor and employment problems. They educate employees, particularly supervisors, on employment topics, which results in fewer employment claims and a harmonious work environment. They also frequently organize seminars and training for clients covering areas such as COVID-19 response strategies, sexual harassment, the Americans with Disabilities Act, family medical leave, and federal and state wage and hour requirements, including maintaining exempt classifications for employees. They work with clients to take preventive measures designed to reduce potential employment exposure. If, however, a claim is brought by an employee against a client, the Firm has the expertise to defend the claim and to respond quickly and effectively as employment issues arise, and work closely with insurance -appointed defense counsel where applicable. As a team well versed in municipal law and well as labor and employment law, both Kathy and Charlotte understand and appreciate the employment nuances that public entities face. Furthermore, they have the resources and collective wisdom of the firm's Municipal Group when municipal issues and employment issues overlap. 3. Construction/Public Works Inslee Best has developed a substantial construction and development practice. The Municipal Group attorneys are experienced with issues surrounding public works projects. Construction Group attorneys assist the Municipal Group depending upon the nature of the project. Due to the number of municipal entities that we represent, a significant portion of our Construction Group's work involves representation of public owners on public works projects. The Construction Group's services to municipalities span the entire public works process, including site acquisition and permitting; preparation and interpretation of contracts; advice on compliance with public works statutes and regulations including alternative public works contracting procedures, prevailing wages, intergovernmental disposition of property, and architectural and engineering contracts; advice on the bidding process, bid disputes and issues of non -responsive bids; legal opinions on the merits of claims arising during construction; negotiation of claims in a prompt manner to insure successful, timely project completion; and, when necessary, mediation, arbitration or litigation of the myriad of disputes that arise in the public works context. The Group also successfully defended, at both trial and appeal, a utility district on a water reservoir project that involved an issue of first impression for the Washington State Supreme Court as to whether adjacent owners are entitled to compensation for view impacts. Chris Pirnke often assists municipal clients on public works contracting, bidding and construction issues. Chris has 9 years of extensive experience in construction law, including litigation of claims. He regularly counsels our municipal clients with regard to bid protests and other construction issues. Chris and Curtis all have extensive experience in assisting municipalities with public works, public bidding, and construction contracting and project management. -7- 10768129.3 - 099998 - 0098 25 AGENDA ITEM 2.3 4. Real Property Transactions Kay Brossard, a member of the Municipal Group whose practice focuses on transactional real estate issues, including easements, license agreements and purchases. In addition, the Business Transaction Group is available to assist our municipal clients with real property transactions. The Business Group attorneys have extensive experience in all aspects of large real estate development, leasing, and maintenance projects, which has proven invaluable to our municipal clients. The Business Group attorneys also have had extensive involvement in planning, structuring, negotiating and drafting agreements necessary to acquire and develop all types of land development projects. In connection with these projects, the Business Group attorneys have been legal counsel in charge of negotiating and drafting real property purchase and sale agreements; option agreements; ground leases; project development agreements; architectural design agreements; construction contracts; joint venture and partnership agreements; long term facility leases; and management agreements. The Business Group attorneys assisted Bainbridge Island in acquiring a large number of open space parcels, pursuant to a bond issuance authorized by that City's voters. 5. Police Issues Several of our clients have their own police departments, while some contract with King County for services. Police issues are complex and often need guidance from an expert attorney. Charlotte Archer works closely with public safety department leadership on every aspect of their work, providing counsel on issues ranging from policy development and implementation to labor relations issues and Civil Service Commission hearings. The firm strives to keep abreast of the ever-changing legal landscape for law enforcement in Washington, pushing out legislative updates and policy recommendations as new laws emerge. Charlotte is experienced in navigating issues involving mutual aid and multi -jurisdiction taskforce efforts, engagement with the unhoused community and homestead issues, and the Certification Division of Washington's Criminal Justice Training Commission, including investigative processes and decertification proceedings. Charlotte serves as the Chair of the Washington State Association of Municipal Attorneys' Association's Amicus Committee and, in that capacity, she has authored numerous briefs at the state and federal level pertaining to public safety issues. As a result of her experience in this area, Charlotte has a deep understanding of the law enforcement community in Washington and beyond, which enables her to advise her clients on key issues. 6. Public Records and Open Public Meetings Act This office has worked extensively with cities and special districts on assisting, training and drafting policies relating to the Public Records Act, codified at Chapter 42.56 RCW (PRA). Almost on a weekly basis, we assist agency staff on numerous legal issues that arise under the PRA. In addition, this office has drafted PRA legislative policies and provided training to staff and officials. Our attorneys routinely present at conferences for elected officials and other attorneys on these issues, including the Municipal Research and Services Center and the Association of Washington Cities. -8- 10768129.3-099998- 0098 26 AGENDA ITEM 2.3 More specifically, Jennifer and Curtis routinely assist staff in responding to public records requests, including drafting 5 -day letters, identifying adequate searches, reviewing potential exempt records, drafting exemption logs for exempt records, drafting third -party notice letters, and helping staff to efficiently produce responsive records to a request. Jennifer has provided training to city staff, planning commissions, and city councils on the PRA. She frequently works with staff to develop procedures and policies with the goal of avoiding PRA claims. C. STATEMENT OF CONTRACT COMPLIANCE The firm has an insurance policy with $2,000,000 per occurrence coverage, plus an additional umbrella policy. The firm also carries Errors and Omissions coverage with $4,000,000 per occurrence coverage. D. CLIENT REFERENCES AND REPRESENTATIVE CLIENTS •`qiN,1I zi irr Bruce Hopkins, Mayor Nick Bond, Community Development Director City of Ruston City of Port Orchard 5219 N. Shirley Street 216 Prospect Street Ruston, WA 98407 Port Orchard, WA 98366 BruceH mrustonwa.org nhond cityofportorchard.us (253) 759-3544 (360) 876-7049 Jason Sullivan, Development Services Manager City of Bonney Lake 9002 Main St E Bonney Lake, WA 98391 sullivani,(i r'i.bonnev-lake.wa.us (253) 447-4355 Scott Pingel, City Manager City of Newcastle Newcastle City Hall 12835 Newcastle Way, Ste. 200 Newcastle, WA 98056 (425) 649-4444 Joe Schey, Mayor City of Vader 317 Eighth Street PO Box 189 Vader, WA 98593 Jschey.cityof ader a gmail.com (360) 295-3222 Randall M. Black General Manager Lakewood Water District 11900 Gravelly Lake Dr SW Lakewood, WA 98499 (253) 588-4423 10 10768129.3 - 099998 - 0098 27 AGENDA ITEM 2.3 E. FEE PROPOSAL We propose to provide legal services to Medina based on a straight hourly fee structure which we feel is best suited to the types of legal services to be provided. In addition, the Firm bills through costs such as postage, filing fees, and the like as well as other routine out-of-pocket expenses incurred on the City's behalf. A proposed Fee Schedule is below. The names of the attorneys most likely to work with Medina are identified in the Fee Schedule. Since the bulk of the legal services will be performed by members of our Municipal Group, we have identified a special "municipal rate" that is less than what we would normally charge our private clients. The Municipal. Group rates will remain firm through the end of 2024. If legal assistance is needed from partners outside of the Municipal Group (e.g., for construction litigation, personnel/employment, or large business or real estate transactions) all other partners and contract attorneys would charge their regular hourly rates less 10%, subject to client approval. Any fees that are charged through from the City to other parties (i.e., development work, franchise review, etc.) will be charged at our standard rates. Inslee Best bills on a monthly basis. All invoices summarize the date and description of legal services performed, the attorney performing the services, the time spent on the services, and the charge for the services. INSLEE, BEST, DOEZIE & RYDER, P.S. Attorney Billing Rates for 2023 and 2024 ATTORNEYS HOURLY RATES Jennifer Robertson $ 325 Curtis Chambers $ 325 Charlotte Archer $ 325 Dawn Reitan $ 325 Kay Brossard $ 325 Chris Pirnke $ 325 Other municipal group partners (if added) $ 325 Municipal associates $ 245 Other firm partners 10% less than regular firm rates, rounded to next lowest $5 increment, adjusted annually Fees charged to other parties (i.e., developers, franchisees, etc.) Regular firm rates -10- 10768129.3 - 099998 - 0098 28 AGENDA ITEM 2.3 INSLEE BEST Jennifer's primary practice focus is municipal and land use law. Over the course of her career, Jennifer has served as legal counsel to over 20 Washington municipalities and has spent the majority of her career working for and on behalf of cities, including advising on land use and zoning regulations, SEPA, permitting, utilities, franchise agreements, contracts, interlocal agreements, real estate, public works construction, competitive bidding issues, and the Open Public Meetings Act/Public Records Act. In addition to serving municipalities as an attorney, Jennifer has also held a number of appointed or elective positions in city government. She has served the City of Bellevue as a regional representative, a planning commissioner, and as a four -term city councilmember. Her wide -range of experience gives her a 360 -degree view of municipal issues, which provides her clients with a more comprehensive advice on a broader array of topics. Education • J.D., Willamette University, cum laude, 1993 • B.S., University of Puget Sound, 1990 Professional & Civic Involvement • Bellevue City Councilmember (2009 -present) • AWC Large Cities Advisory Committee, Board Member • King County Eastside Transportation Partnership, Board Member • King County Regional Transit Committee, Board Member • PSRC Transportation Policy Board, Board Member • PSRC Executive Board, Board Member (Alt.) • Washington State Bar Association, Member • Washington State Association of Municipal Attorneys, Member Honors, Awards & Special Recognition • Lifetime Achievement Award, Bellevue Chamber of Commerce, 2023 • Dynamic Woman Leader, 425 Business, July 2017 • Doris Bronson Morrill Award for Distinguished Service, October 2015 Inslee Best Doezie & Ryder 425-455-1234 10900 NE 4th Street Skyline Tower, Suite 1500 Bellevue, Washington 98004 www.insleebest.com 29 AGENDA ITEM 2.3 INSLEE BEST As a partner at Inslee Best, Curtis' practice encompasses a large range of civil, transaction and litigation issues, with a focus on municipal, construction, and employment law. Curtis acts as general and special counsel for a number of municipal agencies around the State, and assists municipalities in all aspects of law, including OPMA and PRA issues, as well as contract drafting, eminent domain, property acquisition, administrative appeals, litigation, and appellate work. Curtis is an experienced negotiator, and has obtained favorable results for his client at mediation, in arbitration, and at trial. The experience of representing a diverse client group — from municipalities to individuals to Fortune 500 companies — has given Curtis the ability to efficiently identify the needs of his client and propose cost effective and common sense solutions. Education • J.D., Seattle University School of Law, cum laude, 2010 • B.A., Western Washington University, 2003 Publications & Presentations • Co -Author, Understanding New Fuel Standards (2016) Bar/Court Admissions • Admitted Washington, 2010 • Admitted U.S. District Court, 2013 Professional & Civic Involvement • East King County Bar Association, Member • King County Bar Association, Member • Washington State Bar Association, Member Honors, Awards & Special Recognition Named Rising Star by Super Lawyers, 2016, 2017, 2018, 2019 and 2020 Inslee Best Doezie & Ryder 425-455-1234 10900 NE 4th Street Skyline Tower, Suite 1500 Bellevue, Washington 98004 www.insleebest.com 30