HomeMy WebLinkAboutBell Brown Rio Atty at Law - Prosecutorial Services AGREEMENT FOR PROSECUTORIAL SERVICES
THIS AGREEMENT is entered into by and between the CITY OF PASCO, hereinafter
referred to as "Pasco," and Bell, Brown & Rio, PLLC, 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
2. Incarceration Docket representation
3. Negotiation of sentences and forfeiture orders of the Court
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.)
10. Response to criminal-related questions from the public that cannot be
answered by administrative staff.
B. Employ a part-time clerical assistant for correspondence and document
preparation.
C. 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.
D. 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
E. 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
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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.
F. 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.
G. 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. Pay all subpoena and service costs and costs of required reports for prosecution.
D. Pay to Prosecutor the sum of Ten Thousand Four-Hundred Dollars ($10,400) per
month for the first two years; Ten Thousand Seven-Hundred Fifty Dollars
($10,750) per month for the third year; and Eleven Thousand Dollars ($11,000)
per month for the fourth year. Payments shall be due on or before the 10th 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.
Prosecutorial Services Agreement—Page 2
3. TERM:
The term of this Agreement shall be for four (4) years, beginning July 1, 2012, and
ending June 30, 2016. 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 •F PAS• •
Gary t'rut d, 'ty j anager Date
PROSECUTOR
6
J Ri ttorney at Law Date
Bell, Brown & Rio, PLLC
Prosecutorial Services Agreement—Page 3
Exhibit "A"
PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE
(Schedule is subject to change during term of Agreement)
Traffic Pre-Trials
Monday 8:30 am to 12:00 pm* 1:30 pm to 5:00 pm
Pre-Trials Arraignment
Tuesday 8:30 am to 12:00 pm 1:30 pm to 5:00 pm
In-Custody Jury-Trials
Wednesday 10:00 am to 12:00 pm 9:00 am to 5:00 pm
even days
In-Custody In-Custody Arraignment/
Probation Violation
Thursday 10:00 am to 12:00 pm
1:30 pm to 3:30 pm
or as needed
Trial Readiness
9:00 am to 12:00 pm
odd days
Friday Motion
9:00 am to 12:00 pm
even days
*Currently, two prosecuting attorneys are scheduled for Monday am docket;
Subject to change.
Prosecutorial Services Agreement—Page 4