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HomeMy Public PortalAboutAB 04-135 attch - Larry Dunn Prosecuting attorneyCITY PROSECUTOR AGREEMENT THIS AGREEMENT, dated this _____ day of _________________, 2004, 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, 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: 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. 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. 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. 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. On call access 24 hours a day via telephone to answer legal questions posed by members of the McCall Police Department. 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 ____________________, 2004. CITY OF McCALL, Valley County, Idaho By___________________________ Kirk Eimers, Mayor ATTEST: ________________________________ Tina Clark, Deputy City Clerk DATED this ____ day of ___________________, 2004. DUNN LAW OFFICE By__________________________________ Larry M. Dunn, Esq.