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City of Tukwila
Community Services
and Safety Committee
Mohamed Abdi, Chair
Thomas McLeod
Tosh Sharp
Distribution:
M. Abdi
T. McLeod
T. Sharp
C. Delostrinos Johnson
Mayor Ekberg
D. Cline
R. Bianchi
C. O’Flaherty
A. Youn
L. Humphrey
AGENDA
MONDAY, MAY 22, 2023 – 5:30 PM
THIS MEETING WILL BE CONDUCTED BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY.
ON-SITE PRESENCE WILL BE IN THE HAZELNUT CONFERENCE ROOM
(6200 SOUTHCENTER BOULEVARD)
THE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THIS
MEETING IS: 1-253-292-9750, Access Code 944274640#
Click here to: Join Microsoft Teams Meeting
For Technical Support during the meeting call: 1-206-433 -7 155.
Item Recommended Action Page
1. BUSINESS AGENDA
a. A contract for prosecution services.
David Cline, City Administrator
b. 2023 1st Quarter Police Department report.
Eric Drever, Police Chief
c. Discussion on Summer 2023 Parks and Recreation,
Special Events & Mobile Recreation Plan.
Pete Mayer, Parks & Recreation Director
2. MISCELLANEOUS
a. Forward to 6/5 Regular
Meeting Consent Agenda.
b. Discussion only.
c. Discussion only.
Pg.1
Pg.11
Pg.17
Next Scheduled Meeting: June 12, 2023
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
Community Services and Safety Committee
FROM: David Cline, City Administrator
BY: Cheryl Thompson, Executive Assistant
DATE: May 16, 2023
SUBJECT: Contract for Prosecution Services
ISSUE
The current contract for Prosecution Services expires June 30, 2023. Attached is a proposed
contract for July 1, 2023 – December 31, 2024.
BACKGROUND
The City contracts for Prosecution Services. For several years the Walls Law Firm provided
prosecution services to the City of Tukwila initially as employees of Kenyon Disend, then by a
subcontract with Kenyon Disend and effective September, 2018 contracting directly with the
firm. In April 2022, the Walls Law Firm brought on Karen Lentz as a subcontractor and Ms.
Lentz was designated as the Tukwila Prosecuting Attorney.
In September 2022 the City published a Request for Proposals for Prosecution Services. The
Walls Law Firm was the only proposal received. City staff prepared a contract for services for
2023-2024 based on the proposal terms. Upon receipt of the contract for services, the Walls
Law Firm indicated a potential change in circumstances regarding a pending judicial
appointment in 2023 could impact the staff designated as the prosecuting attorney for
Tukwila. Therefore, in late 2022 the City amended the term of the 2021-2022 Contract for
Services to extend through June 30, 2023.
As the proposal received in September 2022 is no longer relevant, the City published an
updated Request for Proposals for Prosecution Services on May 9.
DISCUSSION
The City received two responses to the Request for Proposals for Prosecution Services: one
from the Walls Law Firm and one from Karen Lentz, who is interested in contracting directly
with the City rather than subcontracting with the Walls Law Firm. After reviewing the
submitted proposals, the City is recommending we contract with Karen Lentz for Prosecution
Services for July 1, 2023 through December 31, 2024 at the rate of $14,000 per month. Pre-
pandemic we paid $13,500 per month and during the pandemic we negotiated the rate down
1
INFORMATIONAL MEMO
Page 2
to $12,500 per month. The modest increase to $14,000 is reasonable. The additional $1,500
per month will require a $9,000 budget amendment for 2023 and $18,000 for 2024.
RECOMMENDATION
The Committee is being asked to move this contract forward to the consent agenda of the
June 5, 2023 Council Meeting.
ATTACHMENTS
Draft Contract for Prosecution Services for July 1, 2023 – December 31, 2024.
2
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
Lentz Prosecution Services Agreement July 2023-2024 Page 1 of 7
CONTRACT FOR PROSECUTION SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional
municipal code city hereinafter referred to as “the City,” and Karen S. Lentz, PLLC hereinafter referred to as “the
Contractor”.
WHEREAS, the City has determined the need to have certain services performed for its citizens but does
not have the staffing or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and
conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto
agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those
services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set
forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local
statutes, ordinances and rules applicable to the performance of such services. Compliance with these
standards goes to the essence of this Agreement. The Contractor shall request and obtain prior written
approval from the City if the scope of services is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according
to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference.
3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing July 1,
2023 and ending December 31, 2024 unless sooner terminated under the provisions hereinafter specified.
4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered
to create the relationship of employer and employee between the parties hereto. Neither Contractor nor
any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the
services provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance Program,
or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the
Contractor.
5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries
and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine
that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of
the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor’s liability
3
Lentz Prosecution Services Agreement July 2023-2024 Page 2 of 7
hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, their agents, representatives, employees or
subcontractors. Contractor’s maintenance of insurance, its scope of coverage and limits as required herein
shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or
otherwise limit the City’s recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability: The Contractor shall procure and maintain in full force throughout the
duration of this Agreement Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance
shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on
Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability: Waived.
3. Workers’ Compensation: The Contractor shall procure and maintain Workers’ Compensation
coverage as required by the Industrial Insurance laws of the State of Washington.
4. Professional Liability Insurance: The Contractor shall procure and maintain in full force throughout
the duration of this Agreement Professional Liability insurance with a minimum coverage of
$2,000,000 per claim and $2,000,000 aggregate. Contractor shall provide evidence of such coverage
in a manner and form acceptable to the City in the City’s sole discretion. Cancellation of the
required insurance shall automatically result in termination of this Agreement.
B. Other Insurance Provision. The Contractor’s Automobile Liability and Commercial General Liability
insurance policies are to contain or be endorsed to contain that they shall be primary insurance with
respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor’s insurance and shall not contribute with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of the
work.
4
Lentz Prosecution Services Agreement July 2023-2024 Page 3 of 7
E. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work
with written notice of any policy cancellation, within two business days of their receipt of such notice.
7. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature
expended and services performed in the performance of this Agreement and other such records as may
be deemed necessary by the City to ensure the performance of this Agreement and to ensure
compliance with the Public Records Act, chapter 42.56 RCW.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement
shall be subject at all times to inspection, review or audit by law during the performance of this Agreement,
to the extent permitted by law.
9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty
(30) days written notice of the City’s intention to terminate the same. Failure to provide products on
schedule may result in contract termination. If the Contractor’s insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
10. Discrimination Prohibited. The Contractor, with regard to the work performed by it under this Agreement,
will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex,
sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any
other protected class status under state or federal law, in the selection and retention of employees or
procurement of materials or supplies.
11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services
contemplated by this Agreement without the written consent of the City. If the Contractor is unable to
attend Court due to illness, vacation or unforeseen circumstances, she will make arrangements with a
qualified attorney to cover in her absence. If coverage is needed for more than 5 consecutive Court days,
the Contractor will obtain written approval from the City.
12. Entire Agreement. This Agreement, together with attachments or addenda, represents the entire and
integrated Agreement between the City and the Contractor and supersedes all prior negotiations,
representations, or agreements written or oral. No amendment or modification of this Agreement shall be
of any force or effect unless it is in writing and signed by the parties.
13. Notices.
Notices to the City of Tukwila shall be sent to the following address:
City Administrator, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
5
Lentz Prosecution Services Agreement July 2023-2024 Page 4 of 7
Notices to the Contractor shall be sent to the following address:
Karen S. Lentz, PLLC
10410 163rd Court NE
Redmond WA 98052
14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof
and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their
sense and context are reasonably intended to survive the completion, expiration or cancellation of this
Agreement, shall survive termination of this Agreement.
15. Applicable Law; Venue; Attorney’s Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding
is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue
shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled
to its attorney’s fees and costs of suit.
DATED this _____ day of ____________________________, 2023.
CITY OF TUKWILA CONTRACTOR
____________________________________ _____________________________________
Allan Ekberg, Mayor Karen S. Lentz, WSBA# 50396
ATTEST/AUTHENTICATED:
____________________________________ _______________________________________
Christy O’Flaherty, City Clerk
APPROVED AS TO FORM:
___________________________________
Kari L. Sand, City Attorney
6
Lentz Prosecution Services Agreement July 2023-2024 Page 5 of 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 Prosecuting Attorney. Karen S. Lentz is the designated attorney that will serve as the City Prosecutor. Any
changes in this designation must be approved in advance by the City.
1. Police Report Review. Review all Tukwila Police Reports involving misdemeanor and gross misdemeanor
crimes, make decision as to filing of criminal charges or referral for pre-filing diversion in alignment with
City policies and in consultation with the Tukwila Police.
2. Court Appearances. Appear at all criminal calendars in Tukwila Municipal Court on behalf of the City of
Tukwila including but not limited to: in-custody/out-of-custody arraignments, pretrial hearings and
motions, readiness hearings, bench trials, jury trials, sentencings, review hearings, tow hearings and
contested traffic and parking infraction hearings when the offender is represented by an attorney.
Represent the City in appeals in connection with criminal misdemeanor and gross misdemeanor cases.
3. Case Preparation. Conduct investigations, contact witnesses, advise victims regarding their rights and
responsibilities, coordinate with the victim advocate when appropriate, conduct plea bargain
negotiations and make appropriate plea offers consistent with the laws and regulations as well as City of
Tukwila standards and policies, make sentencing and bail recommendations to the Court, prepare and
present legal memoranda, subpoenas, jury instructions and other related materials, argue motions,
represent the City at restitution hearings, bench trials and jury trials.
4. Administrative Functions. Administrative functions relating to criminal prosecution and contested traffic
and parking hearings such as creation and maintenance of files, and completion of discovery requests. All
files shall remain property of the City and shall be returned to the City upon termination of this
Agreement or upon request by the City. Contractor shall retain all records in accordance with Washington
State document retention laws.
5. Police Department Support. Advise the Tukwila Police Department on the conduct of investigations,
search warrants, trial preparations and related matters. Provide legal research, training and assistance to
the Tukwila Police Department including statutory interpretation, enforcement issues and case decisions.
Attend police department administrative staff meetings as requested. The Prosecutor shall be reasonably
available for night and weekend contact by police personnel.
6. Training. Contractor agrees to attend seven (7) hours of prosecution focused training each year. This
requirement also applies to all associate counsel. Each Attorney will submit a copy of their Continuing
Legal Education (CLE) Credits transcript from the Washington State Bar Association (WSBA) with the
Annual Report.
7. Reporting. Contractor agrees to submit the following reports:
• Monthly Statistics Reports: This report shall take substantially the same form as that attached hereto
as Exhibit C and shall be submitted with the monthly invoice.
• Annual Report: This report will detail the number of cases filed for the year, the number of cases
referred for pre-filing diversion, the number of cases where pre-filing diversion was successfully
completed, the number of cases where stipulated orders of continuance or deferred prosecution was
agreed to, and the number of cases dismissed.
7
Lentz Prosecution Services Agreement July 2023-2024 Page 6 of 7
EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT
1. Base Compensation. For all prosecution services set forth in Exhibit A, Contractor shall be paid a flat
monthly fee of $14,000.
2. Invoices. The Contractor shall invoice the City by the tenth day of each month for the previous month
services.
3. Community Court or Additional Court Calendars. The Tukwila Municipal Court is researching implementation
of a Community Court. If a Community Court or additional court calendars are implemented during the term
of this contract, the impact to provision of prosecution services will be assessed and compensation will be
negotiated and adjusted accordingly.
8
Lentz Prosecution Services Agreement July 2023-2024 Page 7 of 7
EXHIBIT C – PROSECUTION MONTHLY REPORT
CASES
New Filings
Cases Declined
PRE-FILING DIVERSION
Referred for pre-filing diversion
Successful completion of pre-filing diversion
DISPOSITIONS
Deferred Prosecution
SOC/ Pre-Trial Diversion Agreement
DWLS 3 Amended to Infraction
Dismissals prior to Readiness
TRIALS SET TRIED
Stipulated Facts Trial
Bench Trial
Jury Trial
Dismissals – Post Readiness/Day of Trial
9
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16
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: Pete Mayer, Parks & Recreation Director
DATE: May 11, 2023
SUBJECT: Summer 2023 Parks & Recreation Programs, Special Events & Mobile Recreation
Plan
BACKGROUND
The Parks & Recreation Department is preparing for a busy 2023 summer season that features new
and expanded activities, music and events and mobile programming throughout the city.
DISCUSSION
Building on past successes, the Tukwila Parks and Recreation Department is planning new offerings,
including expanded special events like movie nights and concerts and mobile recreation providing
afternoon, evening and weekend programs and activities. Staff are working to activate parks and
neighborhood areas throughout the city- particularly in areas that have been underserved in the past.
Currently (and subject to change), our special event schedule includes, but is not limited to:
First Fridays at Foster Golf Links:
Concert and Movie (6/2, 7/7, & 8/4)
Family Fitness Day (6/10 – Cascade
View Park)
Sullivan Center Lunchtime Concerts
(6/14, 7/12, & 8/16)
Juneteenth (6/17 – Sullivan Center)
Bark in the Park (7/20 – Crestview Park)
National Night Out (8/1 – PD
coordinating locations)
Touch-A-Truck (8/19 – Southcenter)
Back to School Beach Bash (8/26 –
Joseph Foster Memorial Park)
Building upon our successful location-based Summer Playground Program (continuing at Crestview
Park Monday through Thursday) staff have designed a more far-reaching five-day-a-week Mobile
Recreation Program, which will feature staff and free activities and programs into the late
afternoon/early evening and on weekends. Locations include parks and neighborhood hubs, including:
Day AM PM
Wednesday Sullivan Center Foster Memorial Park
Thursday Crystal Springs Park Riverton Park
Friday Cascade View Park Cascade View Park
Saturday Tukwila Park Duwamish Hill Preserve
Sunday Tukwila Pantry Hazelnut Park
RECOMMENDATION
No recommendation requested at this time; item is for discussion only.
ATTACHMENTS
A --- Parks & Recreation Summer 2023 PowerPoint Presentation
17
18
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26