HomeMy WebLinkAboutSwinburnson Indigent Defense - PSA Addendum 1 ADDENDUM NO. 1
TO
PROFESSIONAL SERVICE AGREEMENT
For Legal Representation of Indigent Defendants
B¢for¢ the Pasco Municipal Court
THIS ADDENDUM is entered into, effective November 17, 2010, by and between the
City of Pasco, Municipal Corporation, hereinafter re{rred to as "City", and Ryan
Swiaba=son, attorney authorized to practice law in the State o£ Washington, hereinafter ref ed
to as "Attorney/'.
WHEREAS, the parties to this Addendum have previously entered into an agreement for
certain Professional Service Agreement £or rive rendering o£ legal representation o£ indigo-nt
persons charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court; and
WHEREAS, the parties r cognize the importance o£ responsible u e and custody or
video and audio recorded evidence relevant to cvammal proceedings is the City of Pasco; and
WHEREAS the parties desire to amend that certain Professional Services Agreement by
adding Ste additional responsibilities, rights, and duties contained herein.
NOW. THEI2EFORE the parties do agree as follows:
1 . "I'lve City may {orn time to time be in possession or video or audio r orded
vidence relevant to a criminal proceeding ia which Attorney represents the c vnal defendant.
The City may from time to time provide such relevant video or audio eviden a upon request o£
Attorney, or as otherwise required by law.
2. The Attorney in taking possession of any such evidence recognizes and agrees to
the {Mowing terms and conditions:
A. The video/audio evidence is protected by Federal copyright law.
8. The video/audio evidence remains the property o£ the City of Pasco.
C. The video/audio evidence shall not be used ia with any
endeavor action other Haan use as investigative material and evidence it relevant criminal
proceedings.
D. To rnaRe n additional copies or the evidrnce provided by the City
pursuant to this Agreement, including copying o£ the evidence to a mputer, computer hard
drive,
o y any other type of storage device or medium including, but not limited to flash media,
videos audio tape, DVD ROM, or CD ROM.
E. To not publicly disseminate ttae information provided, including public
displays of the provided audio/video evidence.
F. To return the video/audio evidence to 13 City within thirty (30) days from
Snal disposition o£ the matter. Where a guilty plea is entered, the plea date shall be the date or
Snal disposition. Where an appeal is Sled, the evidence will be returned within thirty (30) days
o£ the appeal becoming Seal.
G. The duplicate copy will be delivered to the Attorney in person or by legal
messenger, and can thou be returned to tite City in the same matter.
3. This addendum shall be incorporated into the original Agreement and read with it
as to create one Agreement By entering into 8 is Agreement, the parties do not intend to amend
or alter any provisions o£ the original Agreement, but do, hereby, add these additional rights and
responsibilities.
4. All other provisions o£ the dgittal Agreement are incorporated herein including,
but not limited, those provisions relating to the term o£the Agreement and dispute resolution.
CITY P SC
Gary tc eld, anager
A T ST- APS TO FORM
o Q D —�,.-
Debra L. C ark, City Clerk— City Attorney
ATTO
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