HomeMy WebLinkAboutRio Foltz, PLLC Amendment 1 to 2020-2024 Prosecutorial Services Agr AMENDMENT NUMBER 1
AGREEMENT FOR PROSECITTORIAL SERVICES
RIO FOLTZ,PLLC
BY THIS AMENDIVIENT NO. 1, entered into this 7�'day of August 2023, between the
City of Pasco,Washington(hereinafter"City")and Rio Foltz,PLLC{hereinafter"`Prosecutor")
WHEREAS,Prosecutor is a licensed Attorney in goo.d 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 Z021,
when Mr.Bell left the practice to accept a judicial appointment;and
WHEREAS,Brown&Rio,PLLC narne changed again in March 2023 to Rio Foltz,PLLC,
after Mr. Brown left the practice to pursue judicial opportunities and semi-retire and Ms. F�oltz
joined the practice;and
WHEREAS,the current climate for hiring attorneys is extremely difficult. The impact of
this rea(ity 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 prosecutars
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 prosecutars;and
WHEREAS, the cornbination 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 far Prosecutorial Services is proposed to
be amended consistent with staf�s discuss�on with the Prosecutor as detailed below;and
WHEREAS,the City Council after being rnade fulty 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 arnended 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 l Oth 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 proeeedings,of(2)
there is a change in Court Docket/Schedule as outlined in Earhibit"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.
Seetion 2. That Sectian 3 entitled"Term" sha(I be and hereby is amended and shall read
as follows:
3. TERM.
The Term of this Agreement shall commence on July 1. 2020 to June 30,
2024. Thereafter, 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. .
Seetion 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 7"' day of
August,2023.
CITY OF PASCO: , CONSULTANT NAME:
G'�C . ' /� , � - -
Ada l..incoln,City ?'V� nager - Michael J Rio,A rney at Law
Rio Foltz,PLLC
Amendment No. 1 to Agreement for Prosecutorial Services
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