HomeMy WebLinkAbout4364 Resolution - Prosecutorial Services Agreement Amendment No. 1 RESOLUTION NO. 4364
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE
AMENDMENT NO. 1 FOR PROSECUTORIAL SERVICES FOR THE CITY
WITH RIO FOLTZ, PLLC.
WHEREAS, the City of Pasco (City) and Bell, Brown & Rio, PLLC entered into a
Processional Services Agreement on July 23, 2020, to provide prosecutorial services for the City;
and
WHEREAS, Bell, Brown & Rio, PLLC name changed to Brown & Rio, PLLC in 2021,
when Mr. Bell left the practice to accept a judicial appointment; and
WHEREAS,Brown&Rio,PLLC name changed again in March 2023 to Rio Foltz,PLLC,
after Mr. Brown left the practice to pursue judicial opportunities and Ms. Foltz joined the practice;
and
WHEREAS, the current climate for hiring attorneys is extremely difficult. It is expected
the impact of this reality will be exacerbated by the passage of the Washington State Senate Bill
5536 (SB5536), which transfers the onus of prosecuting drug possession cases from felony
prosecutors to municipal and district court prosecutors; and;
WHEREAS, currently a minimum of one and a half prosecutors is needed to effectively
service the City's prosecutorial contract. That number is expected to increase when SB5336
becomes effective this summer to at least two full-time prosecutors; and
WHEREAS, the combination of the shortage of attorneys and inflation in general has
made it difficult to compete with other agencies to attract qualified prosecutors; and
WHEREAS, Amendment No. 1 to the Agreement for Prosecutorial Services is proposed
to amend that agreement consistent with staff's discussion with the Prosecutor as detailed in the
Amendment.
NQW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager of the City of Pasco,Washington, is hereby authorized, empowered
and directed to sign and execute Amendment No. 1 to the Prosecutorial Services Agreement with
Rio Foltz,PLLC on behalf of the City of Pasco; and further,to authorize the City Manager to make
minor substantive changes as necessary to execute the Amendment, attached hereto as Exhibit A.
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Resolution-Amendment to Prosecuting Attorney Agreement- 1
PASSED by the City Council of the City of Pasco, Washington, on this 7�'day of August,
2023.
Blanche Bara�as
Mayor
ATTEST: APPROVED AS TO FORM:
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Debra Barham, CMC Kerr Ferg aw, PLLC
City Clerk City �eys
Resolution-Amendment to Prosecuting Attorney Agreement-2
AMENDMENT NUMBER 1
AGREEMENT FOR PROSECUTORIAL SERVICES
RIO FOLTZ, PLLC
BY THIS AMENDMENT NO. 1, entered into this day of July 2023, between the
City of Pasco, Washington(hereinafter"City") and Rio Foltz, PLLC (hereinafter"Prosecutor")
WHEREAS,Prosecutor is a licensed Attorney in good standing in the State of Washington
who has been selected to perform prosecutorial services under contract with the City; and
WHEREAS, Bell, Brown & Rio, PLLC name changed to Brown & Rio, PLLC in 2021,
when Mr. Bell left the practice to accept a judicial appointment; and
WHEREAS,Brown&Rio,PLLC name changed again in March 2023 to Rio Foltz,PLLC,
after Mr. Brown left the practice to pursue judicial opportunities and semi-retire and Ms. Foltz
joined the practice; and
WHEREAS, the current climate for hiring attorneys is extremely difficult. The impact of
this reality will be exacerbated by the recent passage of Washington State Senate Bill 5536
(SB5536), which transfers the onus of prosecuting drug possession cases from felony prosecutors
to municipal and district court prosecutors; and
WHEREAS, currently a minimum of one and a half prosecutors is needed to effectively
service the City's prosecutorial contract. That number is expected to increase when SB5336
becomes effective this summer to at least two full-time prosecutors; and
WHEREAS, the combination of the shortage of attorneys and inflation in general has
made it difficult to compete with other agencies to attract qualified prosecutors; and
WHEREAS, this Amendment to the Agreement for Prosecutorial Services is proposed to
be amended consistent with staff's discussion with the Prosecutor as detailed below; and
WHEREAS, the City Council after being made fully aware of the facts and after careful
consideration of this issue has agreed to provide additional compensation, as provided in this
Amendment,to account for the passage of SB5536,general inflation,and the shortage of attorneys.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, it is agreed as follow:
Section 1. That Section 2.B shall be and hereby is amended and shall read as follows:
B. The City shall pay to the Prosecutor a base amount of Thirty-Five Thousand
Five Hundred Dollars ($35,500.00) per month. Payments shall be due on
or before the lOth day following each calendar month. Payments shall be
prorated for a partial month. Renegotiation of the terms of this agreement
Amendment No. 1 to Agreement for Prosecutorial Services
Rio Foltz,PLLC- 1
upon the following occurrences: (1) there is a Washington Court Rule
amendment that results in a procedural change in court proceedings, of(2)
there is a change in Court Docket/Schedule as outlined in Exhibit "A." In
addition, Prosecutors shall be paid the sum of Seven Hundred Fifty Dollars
($750)for each case appealed(except for any case noted for reconsideration
at the trial court level). However, if a court of appeals grants the
Prosecutor's motion to dismiss for "Want of Prosecution," then there shall
be no charge to the City for the appeal. Prosecutors shall provide an invoice
to Pasco upon completion of any appeal work.
Section 2. That Section 3 entitled "Term" shall be and hereby is amended and shall read
as follows:
3. TERM.
The Term of this Agreement shall commence on the day of ,
2023. Therea$er, this agreement will automatically continue until either
party provides 60 days' notice of termination. The contract rate of pay will
increase annually by 3% starting July 1, 2024. Said 3% increase shall
remain in place until such time as a successor agreement is negotiated
between the parties.
Section 3. All remaining terms and conditions not inconsistent herewith shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the_day of
, 2023.
CITY OF PASCO: CONSULTANT NAME:
Adam Lincoln, City Manager Michael J Rio, Attorney at Law
Rio Foltz, PLLC
Amendment No. 1 to Agreement for Prosecutorial Services
Rio Foltz,PLLC-2