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HomeMy WebLinkAboutTanner and Hui - Prosecutorial Services 69 _ 6 AGREEMENT FOR PROSECUTORIAL SERVICES THIS AGREEMENT is entered into by and between the CITY OF PASCO, hereinafter referred to as "Pasco', and TERRY M. TANNER and RAYMOND G. HUI, hereinafter referred to as "Prosecutors", for the purpose of providing prosecutorial services for the City of Pasco. 11 PROSECUTORS SHALL: A. Provide complete municipal misdemeanor, gross misdemeanor, and civil infraction prosecutions for all cases filed in the Pasco Municipal Court and other related services including: 1 . Arraignment Docket representation 2. Incarceration Docket representation 3. Negotiation and resolution of fines and forfeiture 4. Bench Trials and hearings 5 . Pre-trial hearings and settlement conferences 6. Jury Trials 7. Post-trial motions and hearings 8 . Appeals 9. Police Department day to day counsel and training as needed. 10. Response to criminal-related questions from the public that cannot be answered by administrative staff; B . Designate a contact who shall be responsible for: 1 . Complaint review and response 2. Review and evaluation of quality of service 3 . Periodic reports to the City administration; C. Personally provide the prosecution services and shall divide the representation to ensure full-time coverage as well as substitute, conflict, and additionally required coverage to allow multiple actions to proceed when necessary. In the event Prosecutors wish to hire additional attorneys other than the signators to this Agreement to perform services, Prosecutors shall obtain advance approval from Pasco. This provision shall not apply in the event of unforeseen circumstances where Prosecutors are temporarily unable to perform. Prosecutors shall be responsible for assuring that qualified attorneys are present in Court at all times necessary; and D. Use established practices and policies to recommend utilization of alternatives to incarceration as appropriate. Such alternatives shall include but not be limited to electronic home monitoring, community service, etc. E. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court and shall complete seven hours of continuing legal education within each calendar year in courses relating to prosecution. 1• �8W' 4 i 2. PASCO SHALL., A. Maintain a City Prosecutor's Office with office space available for the prosecutor at least ten hours per week. B . Employ a full-time Legal Assistant on-site at the City Prosecutor' s Office providing: 1 . Case management and file maintenance 2. Subpoena issuance and return of service 3 . Witness contact 4. Docket preparation. C. Employ a part-time clerical assistant for correspondence and document preparation. D. Pay all subpoena and service costs and costs of required reports for prosecution. E. Pay to Prosecutor the sum of Eight Thousand Dollars ($8,000) per month. Payments shall be due on or before the 10`h day following each calendar month. Payments shall be prorated for partial month. In addition, Prosecutors shall be paid the sum of Five Hundred Dollars ($500) for each case appealed under this contract. Prosecutors shall provide an invoice to Pasco upon completion of the appeal work. 3. TERM. The term of this Agreement shall be for two (2) years, beginning June 19, 2004, and ending June 18, 2006. Either party may terminate this Agreement after one ( 1 ) year upon sixty (60) days written notice. 4. CASELOAD. In the event the workload (as indicated by number of case filings and number of represented cases) exceeds the prior year' s workload by fifteen percent (15%) or more, Prosecutors may request additional compensation. If no agreement is reached concerning said additional compensation, Prosecutors may terminate this Agreement upon ninety (90) days written notice. 5. INDEPENDENT CONTRACTORS. Prosecutors shall be independent contractors and not employees of Pasco. CI ;rue O Gar y M ager Date PRS Terry M. T nner Date L Raymond G. i. ~ -- Date AMENDMENT NO, 1 TO AGREEMENT FOR PROSECUTORIAL SERVICES June 19 12004 Whereas, the City of Pasco, Washington, a municipal corporation, hereinafter referred to as "Pasco', and TERRY M. TANNER and RAYMOND G. HUI, hereinafter referred to as "Prosecutors", did on June 19 , 2004, enter into that certain agreement between Pasco and the Prosecutors, for the purpose of providing prosecutorial services for the City of Pasco; and Now, Therefore, Pasco and Prosecutors agree to amend the original agreement dated June 19 2004, by adding a new section to read as follows: 6. INSURANCE AND INDEMNIFICTION. During the term of this Agreement, the Prosecutors shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Prosecutors in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have policy limits of Two Hundred Fifty Thousand Dollars ($250,000.00) or more. At the time of commencement of the performance of services hereunder, the Prosecutors shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty (30) days written notice to the City of Pasco. All other terms and conditions of the original agreement shall remain as written. CITY 0 A O Gar el , City Ma ager Date PROSECUTOR Terry Tanner Date Raymo . Hui Date