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HomeMy WebLinkAboutBell Brown Rio Atty at Law - Amendment 1 to Prosecutorial Svs Agreement AMENDMENT NO. 1 TO AGREEMENT FOR PROSECUTORIAL SERVICES THIS AMENDMENTto that certain Agreement for Prosecutorial Services, dated June 6, 2012 and 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. The parties agree that certain sections of the Agreement shall be amended to read as follows; 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 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. 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 Five Hundred Dollars ($9,500) Ten •_ a a per month from the effective date of this amendment through June 30, 2014 for the first two years; Nine Thousand Seven-Hundred Fifty Dollars ($9350) Ten Thousand Seven Hundred Fifty Dollars ($10,750) per month from July 1, 2014 through June 30, 2015 for third--year•, and Ten Eleven Thousand Dollars ($10,000 x3000)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. 3, TERM: The term of this Amendment shall begin , _ . - , November 15, 2012. The Agreement shall be in effect through wing June 30,2016. Either party may terminate this Agreement after one(1) year upon sixty(60) days written notice. IL All other provisions of the Agreement shall remain as currently written. CITY 1F P, CO ,o zo if-'2‘. II..� , , Gary 1rutchfiel• y Manager Date j PROSECUTOR: BELL,BROWN & RIO LLC // .077, i :y, Date ('Ade/ . ! . i .