HomeMy WebLinkAboutTerry Tanner - Prosecutorial Services RECEIVED
JUN 2 4 2000
AGREEMENT FOR PROSECUTORIAL SERVICES Cfn,CLERK'S O�F7crr
THIS AGREEMENT is entered into by and between the CITY OF PASCO,hereinafter
referred to as "Pasco", and TERRY M. TANNER, hereinafter referred to as"Prosecutor", for the
purpose of providing prosecutorial services for the City of Pasco.
1. PROSECUTOR 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
Z. 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 concerns
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.)
14. 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 signator 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 Prosecutor the sum of Nine'Thousand Dollars($9,000) per month for the first year
and Nine Thousand Two-Hundred Fifty Dollars ($9,250) per month for the second year. Payments
shall be due on or before the 10`h day following each calendar month. Payments shall be prorated for
partial month. Renegotiation of the terms of this agreement upon the following occurrences: (1)there
is a Washington Court Rule amendment that results in a procedural change in court proceedings, or
(2)there is a change in Court Docket/Schedule as outlined in Exhibit 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.
3. Term. The term of this Agreement shall be for two(2)years,beginning June 19, 2008,
and ending June 18,2010. 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.
6. Insurance and Indemnification. 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.
CITY O P CO
2-- (', 1 ? -4P
Gary C ch Ity—Ma*er Date
PROS CUTORS
T M. Tanner Date
"Exhibit A"
PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE
Monday Tuesday Wednesday Thursday Friday
Traffic Pre-Trials In-Custod In-Custody Trial
Readiness
8:30 AM to 8:30 AM to 10:00 AM to 10:00 AM to
12:00 12:00 NOON 12:00 12:00 9:00 AM to
NOON NOON NOON 12:00
NOON
(AM) ODD DAYS
MOTION
9:10 am TO
12:00 noon
Even days
Pre-Trials Arraiinment Jury-Trials
1:00 PM to 1:30 PM to 9:00 AM to
5:00 PM 5:00 PM 5:00 PM
EVEN
(PM) DAYS