HomeMy WebLinkAboutEllerd Indigent Defense Addendum 1 to PSA ADDENDUM NO. 1
TO
PROFESSIONAL SERVICE AGREEMENT
For Legal Representation o£ Indigent D¢f¢ndanta
B¢ior¢ the Pasco Municipal Court
THIS ADDENDUM i entered into, eff dive November 17, 2010, by and between the
City o{ pasco, a Municipal Corporation, hereinaRer referred to a "City", and Heidi Ellerd,
attorney authorized to practice law va tlae State o{ Washington5 hereinaRer re£ed to as
"Attorney".
WHEREAS, the parties to this Addendum have previously entered into an agreement £or
certain Professional Sere iee Agee nt £or Rae rendering of legal representation of indigeat
Persons charged wiRv misd¢rrveanors or gross misdemeanors in ttve Pasco Municipal Court; and
WHEREAS, the parties recognize ttvc importance o{ responsible use and custody o£
video and audio recorded evidence relevant to cnmanal proceedings in the City a Pasco; and
WHEREAS, the parties desire to amend that certain Pro{ssional Services Agreement by
adding the additional responsibilities, rights, and duties contained herein.
NOW, THEREFORE, the parties do agree as follows:
1 . Tkve City may from time to time be in possession of video or audio r corded
vidence relevant to a mal proceeding in which Attorney represents the criminal def dance
The City may From time to time provide such relevant video or audio evidence upon request o{
Attorney, or as otherwise required by law.
2. The Attorney in taking possession o{ any such evidence recognizes and agrees to
the Following terms and condirions:
A. The video/audio evidence is protected by Federal copyright law.
B. The video/audio evidence remains the property o{ the City eFPasco.
C_ 'I'Ive video/audio vidence shall not be used nection with any
endeavor action other than use as vnvestigative material aced evidence an relevant criminal
proceedings.
D. To mane n additional copies of the evidence provided by the City
Pursuant to this Agreement, v eluding copying o{ the evidence to a computer, eemputey hard
drive, o any other type of storage device o medium including, but not limited to Rash media,
videos/audio tape, DVD ROM, or CD ROM r
E. To not publicly disseminate the information provided, including public
displays o£ the provided audio/video evidence.
F. To return the video/audio evidence to the City within thirty (30) days £rotn
final disposition o£ the matter. Where a guilty plea is entered, the plea date shall be the date or
final disposition. Where an appeal is Sled, the evidence will be remmed within thirty (30) days
o£thc appeal becoming final.
G. The duplicate copy will be delivered to the Attorney in person or by legal
tnesscthger, and can then be returned to the City in the same matter.
3 . This addendum shall be incorporated into the original Agreement and read with it
as to create o e Agreement By entering into this Agreement, the parties do not iatcad to ara the
r alter any provisions o£ the original Agreement, but do, hereby, add these additional rights and
responsibilities.
4. All other provisions or the original Agreement ar comporated herein including
but not limited, those provisions relating to the term o£ the Agreement and dispute resolution.
CITY F ASC
Gary rnmhfiela, ager
ATT$S fX0 AFPR S TO FORM
Debaraa 1-. Clark, City C71er 1< Leland 13 Kerr, City Attorney
ATT012NEY=
� ( iGLt
Attorney oC
Heidi Ellerd, orney At Law