HomeMy Public PortalAbout2004.08.13 Dunn Law City Prosecutor AgreementCITY PROSECUTOR AGREEMENT
THIS AGREEMENT, dated this 1*- day of WL\— , 2004, is made
between the City of McCall (City) and Dunn Law Office "Ci Prosecutor").
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WHEREAS, the City is a municipal corporation duly organized and existing under the
general laws of the state of Idaho; and,
WHEREAS, the City Prosecutor is a licensed attorney in the State of Idaho with
experience in the prosecution of crimes under the laws of the state of Idaho and the City of
McCall; and,
WHEREAS, the City has created the McCall Police Department employing city
employees and the Valley County Prosecuting Attorney has no statutory duties to prosecute
infractions or misdemeanors when the arresting officer is a McCall Police Officer.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
LEGAL SERVICES TO BE PROVIDED. The City agrees that the City Prosecutor
will represent the City as described herein, and the City Prosecutor agrees to serve, under the title
of City Prosecutor, as criminal prosecutor for the City of McCall and to provide the following
services:
1. Legal representation of the City on all City of McCall misdemeanor criminal matters
and infractions including, but not limited to preparing for and appearing in court at
arraignments, pretrial hearings and motion hearings; assisting McCall Police Officers
with search warrants; responding to crime scenes when necessary; and prosecuting
court and jury trials and appeals to the District Court.
2. Legal research and legal consultations with the City of McCall Police Department;
specifically, the City Prosecutor shall provide training on topical statutory and case
law to the McCall Police Department at mutually agreeable times and places, but not
less than once every two (2) months, and as reasonably requested by the McCall
Police Department.
3. Review of, and consultation with the Police Department regarding, all public records
requests submitted to the City involving the Police Department or Police Department
records; and preparation of responses to the same.
4. Quarterly reports to the City Council via the City Manager and the Chief of Police in
a format to be determined by the City Manager in cooperation with the City
Prosecutor identifying the disposition of all cases forwarded to the City Prosecutor by
the McCall Police Department.
5. On call access 24 hours a day via telephone to answer legal questions posed by
members of the McCall Police Department.
6. Notify the Chief of Police and the City Manager of any recurring concerns relating to
the performance of members of the McCall Police Department that negatively impact
the City Prosecutor's ability to successfully prosecute cases presented.
COMPENSATION. In exchange for performing the services described herein, the City
Prosecutor shall receive the sum of $36,000.00 annually. Said sum shall be payable at the rate of
$3,000 per month and shall be paid to the City Prosecutor following the next McCall City
Council meeting after receipt of a statement for services rendered. The City Prosecutor will not
receive additional compensation for customary expenses associated with the provision of services
hereunder, such as travel, mileage, supplies, long distance phone calls, support staff, legal
research materials or electronic legal research, or other general expenses incurred by the City
Prosecutor; provided that the City Prosecutor is authorized to submit additional expenses
associated with special projects or allowable reimbursement for witnesses to the McCall City
Council for approval, with approval or denial of reimbursement for such expenses solely at the
discretion of the Council. In the event this Agreement is terminated the City shall not be
obligated to pay any fees or charges exceeding the monthly installment through the month of
termination, pro -rated to the effective date of termination.
TERM. The term of this Agreement shall commence on August 1, 2004, and shall
continue unless terminated as provided hereinafter, subject to any applicable duty of the
appropriate City official to make or renew appointment of the City Prosecutor. This Agreement
shall not be construed as obligating the City to provide any payment beyond the current fiscal
year of this agreement or any subsequent single fiscal year.
TERMINATION. This Agreement may be terminated by either party upon providing
written notice of at least thirty (30) days to the other party. Notice under this Agreement shall be
effective when actually delivered. If mailed, notice shall be deemed effective (48) hours after
mailing registered or certified mail, postage prepaid.
NO EMPLOYER/EMPLOYEE RELATIONSHIP. The parties to this agreement
agree that the City Prosecutor shall be considered an independent contractor and that no benefits,
including but not limited to vacation pay, workers' compensation, or professional malpractice or
personal insurance of any kind shall be owed the City Prosecutor.
ENTIRE AGREEMENT. This Agreement contains the entire understanding between
and among the parties and supersedes any prior understandings and agreements among them
respecting the subject matter of this Agreement.
COVENANTS AND NOTICE. The parties hereto covenant, warrant and represent to
each other good faith, complete cooperation, due diligence and honesty in fact in the performance
of all obligations of the parties pursuant to this Agreement. All promises and covenants are
mutual and dependent.
The City Prosecutor shall work directly with the City Chief of Police to ensure that any
issues affecting the expedient and effective enforcement of the law within the City limits are
immediately resolved. The Chief of Police shall immediately inform the City Attorney and City
Manager in the event he or she becomes aware of any situation which presents or could present
liability on behalf of the City or that presents or could present an impediment to the performance
of the duties of any City personnel; the City Prosecutor shall similarly inform the City Attorney,
Chief of Police and City Manager of any situations which present or could present any liability to
the City or that present or could present an impediment to the performance of any of the duties
described herein.
The City Prosecutor shall avoid any conflict of interest under applicable Rules of
Professional Conduct, and shall exercise reasonable efforts to prevent any such conflict from
arising. In the event of a possible conflict of interest, the City Prosecutor covenants and agrees to
immediately advise the City upon learning of the possible conflict and further agrees to resolve
the same in the manner agreed upon by the parties in accordance with applicable Rules of
Professional Conduct.
SEVERABILITY. If any provision of this Agreement, or the application of such
provision to any person or circumstance, shall be held invalid, the remainder of this Agreement,
or the application of such provision to persons or circumstances other than those as to which it is
held invalid, shall not be affected thereby.
APPLICABLE LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Idaho.
IN WITNESS WHEREOF, the parties have set their hands the date and year first above
written.
DATED this
day of
Tina Clark, Deputy City Clerk
, 2004.
CITY OF McCALL, Valley County, Idaho
Kirk Eimers, Mayor
ADDENDUM TO
CITY PROSECUTOR AGREEMENT
THIS Addendum to City Prosecutor Agreement is made between the City of McCall
(City) and Dunn Law Office ("City Prosecutor").
WHEREAS, the City is a municipal corporation duly organized and existing under the
general laws of the state of Idaho; and,
WHEREAS, the City Prosecutor is a licensed attorney in the State of Idaho with
experience in the prosecution of crimes under the laws of the state of Idaho and the City of
McCall; and,
WHEREAS, on or about August 13, 2004 the City and the City Prosecutor entered into
an Agreement for the provision of prosecutor services.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree to amend the City Prosecutor Agreement as follows:
COMPENSATION for said services shall be increased to the sum of $45,000.00
annually, payable at the rate of $3750.00 per month and shall be paid to the City Prosecutor
following the next McCall City Council meeting after receipt of a statement for services
rendered. Said increase shall be effective October 1, 2005.
All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands the date and year first above
written.
DATED this i bEk day of Se. �4e�•.bcr 2005.
CITY OF McCALL, Valley County, Idaho
ATTE,T:
Dan Irwin, City Clerk
DATED this d S`day of
By
Kirk Eimers, Mayor
%th 2005.
DUNN LAW OFFICE