RES 87-03 PROSECUTING ATTORNEY MITTET RESOLUTION NO. 87-03
A RESOLUTION APPROVING AN AGREEMENT APPOINTING
MARION MITTET AS CITY PROSECUTING ATTORNEY.
WHEREAS, the City Council of the City of Winslow, Washington,
feels it is in the best interest of providing for the health,
safety, and welfare of the citizens of Winslow to enter into
an agreement appointing Marion J. Mittet as City Prosecuting
Attorney; and
WHEREAS, the laws of the State of Washington allow such
agreements;
NOW, THEREFORE, be it resolved by the Council of the City of
Winslow, Washington, as follows:
The proposed agreement (Exhibit A attached hereto)
appointing Marion J. Mittet as City Prosecuting
Attorney is hereby approved.
PASSED BY THE COUNCIL of the City of Winslow, Washington,
this S~h day of January, 1987.
ALICE B. TAWR~SEY~
MAYOR
ATTEST:
CLERK/TREASURER
RESOLUTION NO. 87-03
EXHIBIT A
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made between:
THE CITY OF WINSLOW, a
Washington Municipal Corporation
City Hall
Winslow, Washington 98110,
(hereinafter "The City"),
and
MARION J. MITTET
Attorney at Law
8907 Tracyton Blvd., N. W.
Bremerton, Washington 98310,
(hereinafter "Mittet").
WHEREAS the City is desirous of obtaining the services of an
experienced prosecuting attorney for its Municipal Court; and
WHEREAS Mittet 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 Mittet agree
as follows:
1~0 Term. Mittet shall assume the position of Prosecuting
Attorney in Winslow Municipal Court commencing JANUARY l, lqA7 ,
1987. She 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 DECEMBER 31, 1987 , 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. Mittet shall be present, and represent
the intrests of the City, for all traffic and criminal matters heard
in Winslow Municipal Court, except those matters for which her
presence is not required in the sole discretion of the Court.
2.1 Mittet shall, in addition, be responsible for
case preparation, consultation as necessary with victims, witnesses,
police officers, defendants and attorneys, and for prepration of
briefs, memoranda, and argument as required for proceedings in Winslow
Municipal Court and in RALJ proceedings.
AGREEMENT FOR LEGAL SERVICES - 1
2.2 Mittet shall be available to advise police
officers and court personnel on matters of criminal law and procedure.
3.0 Payment by the City. Mittet shall not be an employee
of the City; she shall be an independent contractor. Mittet shall
keep an accurate record of the time expended in performance of her
duties and shall present an accounting of such time to the City at the
end of each calendar month. She shall receive payment, within ten
(10) days of 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 Mittet shall not be paid for travel time to and
from court proceedings. She shall be entitled to claim a minimum of
one (1) hour for any court proceedings at which she is present.
3.2 Mittet shall not be paid for clerical or typing
time involved in the performance of her duties, nor shall she be
reimbursed for postage expenses. She shall be reimbursed for long
distance telephone charges, and for continuing legal education course
expenses relating to her duties under this agreement up to fifteen
(15) credit hours per year.
4.0 Errors and Omissions Insurance. Mittet shall be a
named insured on the City's policy of errors and omissions insurance,
for liability for her acts and omissions when acting within the scope
of her duties as Prosecuting Attorney for the City.
5.0 Determination of Legal Sufficiency. Mittet 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 her 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 and for the
provision to defendants of all required notices to assure their
appearance in court.
7.0 Other Employment. It is understood by the parties that
Mittet has other employment~ and that she is not precluded from same
so long as there is not interference with the performance of her
duties as set forth herein.
8.0 Substitution. In the event Mittet is unable to perform
her duties as set forth herein by reason of illness or other
circumstances beyond her control, she shall be responsible for
provision of a substitute Prosecuting Attorney during such absence.
AGREEMENT FOR LEGAL SERVICES - 2
Mittet and the City shall agree upon a pool of attorneys acceptable
for such employment.
8.1 Substitute Prosecuting Attorneys shall record
their time expended. Payment shall be made by the City to Mittet as
though Mittet had expended such time, and Mittet shall be responsible
for payment of the substitute.
9.0 Termination--Death or Incapacity. This agreement shall
terminate prior to the term described herein if either death or
incapacity render Mittet incapable of carrying out her duties as set
forth herein. If Mittet's incapacity to perform should continue for a
consecutive period of six (6) weeks, the City, at its sole option, may
terminate this agreement effective immediately upon written notice,
whereupon the City will be released from all further obligations to
Mittet contained in this agreement.
10.0 Termination--On Notice by Either Party. After the
expiration of six (6) months from execution of this agreement, either
the City or Mittet 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 of the parties.
DATED this 2nd day of FEBRUARY , 1987
CITY OF WINSLOW
: Alice Tauresey, ~yor
'MARION J. MITTET
,--)
ATTEST:
DONNA JEAN BUXTON, Clerk/Treasurer
AGREEMENT FOR LEGAL SERVICES - 3