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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 Rio Foltz,PLLC-2