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HomeMy WebLinkAboutBell Brown Rio Restated Prosecutorial Svs Agreement 02.07.18RESTATED AGREEMENT FOR PROSECUTORIAL SERVICES THIS AGREEMENT, entered into this -.4day of &73 _ 2018 by and between the City of Pasco, (hereinafter referred to as "City"), and Bell, Brown, & Rio, PLLC, Attorneys at Law, hereinafter called the "Prosecutor"). RECITALS: WHEREAS The City and Prosecutor entered into an agreement for prosecutorial services beginning July 1, 2016. WHEREAS the City has been providing and staffing a full-time legal assistant to perform certain services as outlined in the agreement. These services include maintaining case files, preparing required pleadings, subpoenas, warrants, and complaints, and preparing civil infraction and criminal cases for court hearings and answering administrative questions about civil infractions and criminal cases. WHEREAS the City and the Prosecutor now agree that the Prosecutor will provide the full- time legal assistant to provide the services as previously provided by the City. NOW THEREFORE the City and Prosecutor agree to amend the agreement to read as follows: I. 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. Be prompt in attendance for all required dockets, hearings and trials as outlined on the attached Exhibit "A" "Pasco Municipal Court Prosecutor Schedule." Such Restated Agreement for Prosecutorial Services, tenn to 6/30/2020 Page 1 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 City. 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. 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 City'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. G. Maintain an office with office space available to accommodate visitors and staffing current office is located at 410 N. Neal Street, Suite A, Kennewick, WA). H. Provide a full-time legal assistant which shall perform the following services: 1. Assemble and maintain civil infraction and criminal case files. 2. Answer administrative questions about civil infractions and criminal cases. 3. Prepare subpoenas, warrants, complaints and all other necessary legal documents and pleadings. 4. Prepare civil infraction and criminal cases for court hearings. 5. Upon the completion of the prosecution of criminal and civil infraction matters at the completion of any probation period) all files shall be returned to the City for storage. H. CITY SHALL: A. Pay all subpoena service and postage costs, and costs required for prosecution of criminal and civil infraction cases prosecuted by Prosecutor. Restated Agreement for Prosecutorial Services, term to 6/30/2020 Page 2 B. Beginning February 1, 2018, pay to Prosecutor the sum of Eighteen Thousand Five -Hundred Dollars ($18,500) per month; beginning July 1, 2018, the sum of Nineteen Thousand Two -Hundred Fifty Dollars ($19,250); and, beginning July 1, 2019, Twenty Thousand Dollars ($20,000). 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. C. Pay, within ten (10) days of the execution of this Restated Agreement, the sum of Six Thousand two hundred fifty dollars ($6,250) to Prosecutor, as compensation for the cost of the transition from the City's office space to Prosecutor's office; moving including files, filing cabinets and review of records for retention or destruction as well as for paralegal work completed under this agreement, during the month of January 2018. D. Provide, as compensation to Prosecutor, all file cabinets currently in the Pasco Prosecutor's Office in consideration that this agreement was engaged between the parties on short notice. Said file cabinets shall become the property of Prosecutor upon termination of this agreement. E. Provide to Prosecutor printing of all offer/discovery demand documents which are necessary from time to time as the case load demands. F. Through the Pasco Police Department, provide to Prosecutor, two copies of the following, if existing, for each case filed, whether for a criminal or a civil infraction: 1. Police Reports 2. Videos 3. Photos (in color) 4. 911 call recording or records III. TERM: The term of this Agreement shall end June 30, 2020. Either party may terminate this Agreement after one (1) year upon sixty (60) days written notice. IV. 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 Restated Agreement for Prosecutorial Services, term to 6/30/2020 Page 3 said additional compensation, Prosecutors may terminate this Agreement upon ninety 90) days written notice. V. INDEPENDENT CONTRACTORS: Prosecutors shall be independent contractors and not employees of Pasco. VI. 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. All Files Created by Prosecutor for the prosecution of criminal and civil infraction cases pursuant to this agreement remain the property of the City and shall be returned to the City upon the termination of said agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF PASCO, WASHINGTON F V MIAM PROSECUTOR Michael J. Rio, P ecutor Bell, Brown & Irio, PLLC Date a - a - 2-01cy Date Restated Agreement for Prosecutorial Services, term to 6/30/2020 Page 4