HomeMy WebLinkAboutTerry Tanner Raymond Hui - Prosecutorial Services tn-rg-tyro
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 HUI, hereinafter referred to
as"Prosecutors", for the purpose of providing prosecutorial services for the City of Pasco.
1. 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
6. Jury Trials and Trial Readiness Hearings
7. Post-trial motions and hearings
8. Appeals
9. Police Department day to day counsel and training as needed.
(Prosecutors will e-mail the Police Chief and Patrol Captain with any concems relating
to police duties or functions. The Patrol Captain or Police Chief shall contact the
Prosecutors if they would like to meet to discuss these concerns or provide training to
the police department.)
10, Response to criminal-related questions from the public that cannot be answered by
administrative staff;
B. Be prompt in attendance for all required dockets,hearings and trials as outlined on the
attached"Exhibit A", "Pasco Municipal Court Prosecutor Schedule". Such schedule may be
changed from time to time to meet the needs of the Court upon mutual agreement of the parties.
C. 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;
D. Personally provide the prosecution services and 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 unforseen 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
E, 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, work crew, etc. Prosecutors shall obtain Pasco's approval prior to
implementing any program for alternate dispositions involving charitable contributions.
F. 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.
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 the Prosecutors the sum of Eight-Thousand Five Hundred Dollars ($8,500)per
month for the first year and Eight-Thousand Seven Hundred and Fifty Dollars ($8,750)per
month for the second year. Payments shall be due on or before the I Oti day following each
calendar month. Payments shall be prorated for partial months_ In addition,Prosecutors shall be
paid the sum of Six Hundred Dollars ($600) 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.
3. Term. The term of this Agreement shall be for two(2) years, beginning June 19,
2006,and ending June 18,2008. 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,
S
6. Insurance and Indemnifcalion, 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 o services hereunder, the Prosecutors shall submit evidence that such insurance is
in force an �t such insurance will not be canceied without first giving thirty(30) days written
notice to th (jity o' asco.
Sy:
Gary rutchfield�j
Title: ity Manager
Date;
Terry M. Tanner
Date:
Raymond ui.—
Date: _ _
"Exhibit A"
PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE
Monday Tuesday Wednesday Thursday Friday
Traffic Pre-Trials In-Custody In-Custodv Trial Readiness
8:30 AM. to 8:30 AM to 10:00 AM to 10:00 AM to 9:00 AM to
12:00 NOON 12:00 NOON 12:00 NOON 12:00 NOON 12:00 NOON
ODD DAYS
(AM)
MOTION
9:10 AM to
12:00 NOON
EVEN DAYS
Pre-Trials Arraignment Jurv-Trials
1:00 PM to 1:30 PM to 9:00 AM to
5:00 PM 5:00 PM 5:00 PM
EVEN DAYS
(PM)
f