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HomeMy WebLinkAboutCSS 2024-10-14 Item 1A - Contract - 2025-2026 Prosecution Services with Karen Lentz PLLCTO: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Mayor McLeod Community Services and Safety Committee FROM: Marty Wine City Administrator BY: Cheryl Thompson Executive Coordinator DATE: September 30, 2024 SUBJECT: 2025-2026 Contract for Prosecution Services ISSUE The current contract for prosecution services expires December 31, 2024. The proposed contract for 2025-2026 is attached. BACKGROUND The City has contracted with Karen Lentz PLLC for Prosecution Services since July 1, 2023, through a Request for Proposals process conducted in May 2023. Prior to contracting with the City, Ms. Lentz served as the Tukwila Prosecuting Attorney since April 2022 as a subcontractor with the Walls Law Firm. DISCUSSION The City currently pays Ms. Lentz $14,000 per month for prosecution services and provides supporting resources for case management. The 2025-2026 contract increases monthly compensation by approximately 3.2% each calendar year paying $14,450 per month in 2025 and $14,900 per month in 2026 and continues to provide supporting resources for case management, legal research and evidence access. The attached agreement has been reviewed by the City Attorney's Office. RECOMMENDATION The Committee is being asked to move this contract forward to the consent agenda of the October 21, 2024, Council Meeting. ATTACHMENTS Draft Contract for Prosecution Services for 2025-2026 1 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 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 conditionafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed services described on Exhibit A attached hereto an forth. In performing such services, the Contractor shall a statutes, ordinances and rules applicable t standards goes to the essence of this Agreem approval from the City if the scope of s ices is o ontr tor. The ontractor shall perform those ted herein by this reference as if fully set times comply with all Federal, State, and local of such services. Compliance with these or shall request and obtain prior written d in any way. 2. Com • ensation and Method of P e City .11 pay the Contractor for services rendered according to the rate and method set forth . ► . - ed hereto and incorporated herein by this reference. 3. Duration of Agreeme 1, 2025, and endin specified. hall be in full force and effect for a period commencing January 202:, unless sooner terminated under the provisions hereinafter 4. Independent Contractor. actor 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 Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 1 of 8 3 the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability 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 forthe 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 insure of the types and with the limits described below: 1. Automobile Liability: Waived. The Contractor ack required for the provision of services and any tr agreement. 2. Commercial General Liability: Waived. 3. Workers' Compensation: The Contra coverage as required by the In• trial 4. Professional Liabilit I the duration of this Ag $2,000,000 per cla. in a manner a required ins B. Other Insurance Pro insurance policies are to edge ,at use of a motor vehicles is not to and fro 'urt is outside the scope of this e and maintain Workers' Compensation ce la of the State of Washington. or shall procure and maintain in full force throughout al Liability insurance with a minimum coverage of 000 aggregate. Contractor shall provide evidence of such coverage to the City in the City's sole discretion. Cancellation of the mati ally result in termination of this Agreement. e Contractor's Automobile Liability and Commercial General Liability ain 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. 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. Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 2 of 8 4 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, chapter42.56 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 b e City giving to the Contractor thirty (30) days written notice of the City's intention to terminate e. Failure to provide products on schedule may result in contract termination. If the Contr c •r's in nce coverage is canceled for any reason, the City shall have the right to terminate this Agent imme• -ly. 10. Discrimination Prohibited. The Contractor, with reg o ork performed by it under this Agreement, will not discriminate on the grounds of race, religion, cre olor, national origin, age, veteran status, sex, sexual orientation, gender identity, marital st. • itical tion, the presence of any disability, or any other protected class status under state or f-► th selection and retention of employees or procurement of materials or supplies 11. Assignment and Subcontract. contemplated by this Agreemen attend Court due to illne qualified attorney to c the Contractor will not assign or subcontract any portion of the services en consent of the City. If the Contractor is unable to unforeseen circumstances, she will make arrangements with a If coverage is needed for more than 5 consecutive Court days, rovfrom the City. 12. Entire Agreement. This -e t, together with attachments or addenda, represents the entire and integrated Agreement bet : 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 Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 3 of 8 5 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 specifi lly understand and agree that venue shall be properly laid in King County, Washington. The prevailin ty in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Kari L. Sand, City Attorney CTOR aren Lentz, WSBA# 50396 Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 4 of 8 6 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. 3. Appeals. The City shall pay the Attorney an additional sum of $80 r appeal filed with the King County Superior Court in connection with criminal misdemeanor andisdemeanor cases. 4. Conflict Counsel. In the event prosecution of a defenda reunder rai conflict of interest, the City will provide a conflict prosecutor at no cost to the Co ctor. 5. Case Preparation. Conduct investigations, contact witne advise victims regarding their rights and responsibilities, coordinate with the victim as - hen opriate, conduct plea bargain negotiations and make appropriate plea offer 'th e laws and regulations as well as City of Tukwila standards and policies, make - mtencin, .ail r-commendations to the Court, prepare and present legal memoranda, subpoe .,j nstru ons and other related materials, argue motions, represent the City at restitution . rings nch tri and jury trials. 6. Administrative Functions. and parking hearings s files shall remain pr Agreement or upon re State document retention functions relating to criminal prosecution and contested traffic maintenance of files, and completion of discovery requests. All and hall be returned to the City upon termination of this y. Contractor shall retain all records in accordance with Washington 7. 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. 8. Resources. The City will provide the Contractor with the following resources for use while conducting business on behalf of the City: • A City cell phone for use in communicating with police officers; • A City laptop; • Access to Prosecute by Karpel case management software; • Access to Axon Evidence Justice Services; • Access to LexisNexis for legal research; Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 5 of 8 7 9. Policy Revisions and Tukwila Municipal Code Amendments. Contractor will communicate and coordinate with City Administration on any requested policy revisions or municipal code amendments. 10. 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. 11. 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. Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 6 of 8 8 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. Base Compensation. For 2025, all prosecution services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $14,450, plus allowed expenses. For 2026, all prosecution services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $14,900, plus allowed expenses. Allowed expenses shall include record requests to other courts for use in prosecution. 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. Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 7 of 8 9 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 , Lentz Prosecution Services Agreement 2025-2026 DRAFT Page 8 of 8 10