RES 90-16 STEVEN OLSEN/ _ •
RESOLUTION N0. 90-16
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A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON,
TO APPOINT STEVEN L. OLSEN AS PROSECUTING ATTORNEY
AND AUTHORTZING A CONTRACT PROVIDING FOR THE TERMS
OF SUCH APPOINTMENT.
WHEREAS, the City Council finds it in the public
interest to confirm the appointment of Steven L. Olsen as
Prosecuting Attorney;
WHEREAS, such appointment is deemed to be in
furtherance. of the health, safety, and welfare of the
.citizens of the City of Winslow;
NOW, THEREFORE, BE IT RESOLVED that:
1. Steven L. Olsen is herewith confirmed to be
appointed as Prosecuting Attorney effective upon the date of
passage hereof, and the appointment shall begin on the
15th day of March 1990.
2. The agreement between the City of Winslow,
Washington, and Steven L. Olsen is attached hereto as
"Exhibit A".
RESOLVED by the City of Winslow, Washington this
15th day of March 1990.
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• --,- -- ~ -ATT:EST/AUTHENTICATE:
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D A JE N UXTON, Cler /T~easurer
APPROVED AS TO FORM:
'+~ , ~ . L/
OD KASEGUMA, ity Attorney
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responsible for provision of a substitute Prosecuting
Attorney during ouch absence,.
8.1 Substitute Prosecuting Attorney shall record
his./her time expended. Payment shall be made by the City to
Olsen as though Dlsen has expended such time, and Olsen shall
be responsible for payment of the substitute,
8.2 Olsen and the City shall. agree upon attorneys
acceptable for such employment before such employment
proceeds.
9.0 Termination-Death or Incapacity. This agreement
shall terminate prior to the term described herein if either
death or incapacity render Olsen incapable of .carrying out
his duties as set forth herein. If Olsen's incapacity to
perform should continue-for a consecutive period of six (b)
weeks,. the City., at its solve option, may terminate this
agreement effective immediately upon written notice,
whereupon the City will be released from all further
obligations to Olsen contained. in this agreement.
10.0 Termination - On Notice ~ Either Party. After
the expiration of six (6) months from execution of this
agreement, either the City or Olsen may, for any reason,
terminate this .agreement upon sixty (60) days written notice
to the other.
11.0. Notices. Any notice required or permitted.
herein shall be deemed ,properly given at the time personally
delivered or mailed postage prepaid and first class, to the
addresses specified on the first page of this agreement.
12.0 Modification. This agreement contains the
entire agreement of the parties. No waiver or modification
of this agreement or of any .covenant, condition or limitation
herein contained shall be valid unless in writing and signed
by both parties.
_ _ `- ~ DATED this :15th day of March 1990.
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_ ,CITY OF WINSLOW
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~., _'By:,` ~S ' J. GRANATO, Mayor Steven. L. Olsen
T/AUTHENTICA
reasurer
AGREEMENT FOR LEGAL SERVICES - 3
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AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made between:
THE CITY OF WINSLOW, a
Washington Municipal Corporation
Winslow, Washington 98110
(hereinafter "The City"),
and
Steven L. Olsen
Attorney At Law
PO Box 1220
Port Townsend, Washington 98368
(hereinafter "Olsen").
WHEREAS the City is desirous of obtaining the
services of an experienced Prosecuting Attorney for its
Municipal Court; and
WHEREAS Olsen is desirous of providing such services;
NOW, THEREFORE,
IN CONSIDERATION of the foregoing and of the mutual
covenants and promises hereafter set forth, the City and
Olsen agree as follows:
1.0 Term. Olsen shall assume the position of
Prosecuting Attorney in Winslow Municipal Court commencing
March 2~ 1990. He shall continue to act as Prosecuting
Attorney for a period of one year(s) under the terms and
conditions herein set forth. At the expiration date of March
20, 1991, this agreement shall be considered renewed for
regular periods of one year, provided neither party submits a
notice of termination prior thereto.
2.0 Scope of Duties. Olsen shall be present, and
represent the interests of the City, for all traffic and
criminal matters heard in Winslow Municipal Court, except
those matters for which his presence is not required in the
sole discretion of the Court.
2.1 Olsen shall, in addition, be responsible for
case preparation, consultation as necessary with victims,
witnesses, police officers, defendants and attorneys, and for
preparation of briefs and argument as required for
proceedings in Winslow Municipal Court and in RALJ
proceedings.
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2.2 Olsen shall be available to advise police
officers and court personnel on matters of criminal law and
procedure.
3.0 Payment ~ the City. Olsen. shall not be an
employee of the City; he shall be an independent contractor.
Olsen shall keep an accurate record of the time. expended in
performance of his duties and shall present an accounting of
such time to the City at the. end of each calendar month. He
shall receive payment., within ten (10) days o£ billing
therefore, as follows:.
First 20 hours each month $50.00 each. hour
Time exceeding 20 hours each month $35.00 each hour
3.1 Olsen shall not be paid for travel time to and
from court proceedings. He shall be entithed to claim a
minimum of one (1) hour for any court proceedings at which he
is present.
3.2 Olsen shall not be paid for clerical or typing
time involved in the performance of his duties, nor shall he
be reimbursed for postage expenses. He shall be reimbursed
for long distance telephone charges, and for continuing legal
education course expenses. relating to his duties under this
agreement up to fifteen (15) credit hours per year.
4.0 Errors/Om'issons Insurance. Olsen shall be a
named insured on the City's policy of errors and omissions
insurance, for liability for his acts and omissions when
acting within the scope of his duties as Prosecuting Attorney
for the City.
5.0 Determination of Legal Sufficiency. Olsen shall
have the authority to determine the. legal sufficiency of any
criminal proceeding in Winslow Municipal Court and to dismiss.
and/or amend same, if, in his sole opinion., the interest of
justice so requires.
6.0 Discovery and Notice to Defendants. The City
shall be responsible for provision of discovery to defendants-
of all required notices to assure their appearance in court.
7.0 Other Emp oyment It is understood by the
parties that Olsen has :other emg.loyment, and that: he is not
precluded from same, so long. as there is not interference
with the performance of his duties as set forth herein.
8.0 Substitution:. In the event: O sen is unable to
perform his duties as set forth herein, by reason of illness
or other circumstances beyond his control., he shall be
AGREEMENT FOR LEGAL SERVICES - 2