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 .