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HomeMy WebLinkAboutAgreement for Prosecution Services with Anna L. Rooney Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Kukulski, City Manager Greg Sullivan, City Attorney SUBJECT: Decision on Agreement for Prosecution Services with Anna L. Rooney for Prosecution of Domestic Violence MEETING DATE: August 3, 2009 AGENDA ITEM TYPE: Regular Agenda RECOMMENDATION: Authorize City Manager to sign the Agreement for Prosecution Services with Anna L. Rooney for prosecution of domestic violence pending approval of indemnification and insurance provisions by the Montana Municipal Interlocal Authority (MMIA). BACKGROUND: The City Attorney’s Office presents this Agreement for Professional Services for your consideration and decision. We ask you approve the City Manager’s decision to sign this contract pending approval by the Montana Municipal Interlocal Authority (MMIA) of provisions related to indemnification and insurance requirements. Those provisions are highlighted on the Agreement (see pg. 5, §§ 7 and 8). Authorizing the City Manager to enter into this Agreement will provide for a contract attorney to provide additional prosecution services for crimes related to domestic violence. Ms. Rooney was selected after two releases of a request for Statement of Qualifications, an extensive interview process involving three members of the City Attorney’s Office, Lt. Rich McLane, and Jan Brownell, Director of the Gallatin County Victim/Witness program, and a thorough background check. The contract is completely grant funded and is a component of the Gallatin Project Consortium. The Agreement has a six-month review period to evaluate the contractor’s performance and expires on September 30, 2010 due to the expiration of the grant funds. If grant funds are available beyond September 30, 2010, the Agreement may be extended. As you will see, the contract provides for funds for 20-hours per week of service at an hourly rate of $33.00 per hour. 314 The Gallatin Project Consortium (Consortium) is a partnership between professional and volunteer members of the criminal justice system and community non-profit organizations and serves all of Gallatin County, Montana. The project is focused on a collaborative team approach to providing services to victims of domestic and sexual violence, their children who are also affected, and victims of dating violence and stalking. The core Consortium partners include the Victim/Witness Assistance Program, the Network Against Sexual and Domestic Violence, the Bozeman Police Department, the Bozeman City Attorney’s Office, Hearts and Homes Family Resource Center, and The Gallatin County Court Appointed Special Advocate/Guardian Ad Litem Program. The purpose of the Consortium is to address domestic violence and child victimization as interrelated issues, to provide victims with a range of coordinated, previously unavailable services, and to ensure the best opportunity for their safety and long-term success. The project is also committed to maintaining established law enforcement protocols thorough domestic violence investigations to ensure offenders are held appropriately accountable. All activities undertaken by the Consortium will be with the goals of victim safety and offender accountability as the ultimate guiding principles. Under the direction and supervision of the Bozeman City Attorney’s office, the contract prosecutor will provide prosecution services in the Bozeman Municipal Court regarding domestic abuse, misdemeanor sexual assault, stalking, and violation of protective/restraining orders. In addition, the contract prosecutor will represent the Bozeman City Attorney’s Office in the Consortium including attending meetings of the project partners and educating partners on legal aspects of the Consortium’s goals and objectives. FISCAL EFFECTS: As stated above, the project is completely grant funded by the United States Department of Justice. No general fund monies will be required and the grant cannot be used to supplant existing employees. Grant funds will not be available after September 30, 2010 and continuation of the contract is contingent upon successful grant renewal at that time. ALTERNATIVES: As suggested by the City Commission. Attachments: Agreement for Professional Services with Anna L. Rooney. Report compiled on: July 29, 2009 315 AGREEMENT FOR PROSECUTION SERVICES Page 1 of 6 AGREEMENT FOR PROSECUTION SERVICES THIS AGREEMENT, effective this ____ day of ______________, 2009, by and between the CITY OF BOZEMAN, a municipal corporation of the state of Montana, with principal offices at 121 North Rouse Avenue, Bozeman, Montana 59715, and with a mailing address of: PO Box 1230, Bozeman, MT 59771-1230, hereinafter referred to as the “CITY” and Anna L. Rooney, Attorney at Law, whose address is ___________________, hereinafter referred to as the “CONTRACTOR”. WHEREAS, the City of Bozeman has determined it is in the best interest of effective administration of justice to retain legal counsel to assist in the representation of the City of Bozeman in the prosecution of Domestic Violence criminal matters before the Bozeman Municipal Court, the District Court of Gallatin County, and the Montana Supreme Court; and, WHEREAS, the Contractor, who is an attorney duly licensed to practice law in the State of Montana, desires to represent the City in its needs; and NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and terms contained herein, it is hereby agreed as follows: 1. Professional Services to be Performed: A. The Contractor shall attend before the Municipal Court and prosecute all assigned misdemeanor Domestic Violence (DV) crimes and related case work (to include Partner Family Member Assault; Violation of Order of Protection; Stalking; Sexual Assault; and related crimes) on behalf of the City of Bozeman. B. The Contractor agrees to work such hours each month as the Municipal Court shall be in operation according to the assigned DV case load. The hours worked shall not exceed 80 hours in a month unless both parties have agreed in advance to exceed 80 hours in a particular period. 1. The hours worked shall include trial/hearing preparation and actual trial/hearing time. Trials or hearings may extend beyond the normal hours of the Court and Contractor is responsible for making appropriate arrangements 316 AGREEMENT FOR PROSECUTION SERVICES Page 2 of 6 with the City when coverage is required. This includes illness and other scheduling conflicts. 2. The Contractor shall track the number of hours worked in any given month and shall maintain such other tracking deemed necessary and appropriate so as to facilitate reporting under the Gallatin Project Grant. 3. Contractor shall be responsible for all trials, hearings scheduled (including motion hearings, sentencing/restitution hearings, and revocation hearings), as well as all changes of plea or other matters which may be scheduled by the Court related to the DV case load. Contractor shall report any conflicts to the Supervising Attorney or the City Attorney to insure all DV cases are appropriately covered. Primary responsibility of the Contractor shall be for cases set for hearing or trial. 4. The City Attorney’s Office will be responsible for scheduling, in conjunction with the Contractor as required. 5. Contractor understands trials and other matters may be continued by the Court with little notice to the City or Contractor. C. The Contractor understands and agrees to maintain the City Attorney’s Office policies regarding case management, disposition, and sentencing. The Supervising Attorney shall provide the Contractor with a bail schedule, sentencing guidelines, and related information regarding policies and procedures. Consultation with the Supervising Attorney as to deviation from these policies shall be considered part of the Contractor’s ethical due diligence. D. The Contractor shall coordinate with the City Attorney’s Office for files, production of evidence, and related issues, coordinate with Victim Services through the Victim Services Office, and coordinate with the Bozeman Police Department and Montana State University Police Department regarding officer availability, coordinate service of subpoenas, and case disposition as warranted. Difficulties shall be reported to the City Attorney’s Office immediately for assistance as may be available to meet these needs. (Contractor understands all support for prosecution shall be provided by the City Attorney’s Office staff unless other arrangements are made with the consent of the City Attorney’s Office.) E. The City Attorney’s Office shall maintain responsibility for acquiring police reports, constructing files and responding to requests for production of evidence. Construction of files will include preparation of subpoenas and other documents as necessary. Subpoena service shall be handled by the citing agency. All Changes of 317 AGREEMENT FOR PROSECUTION SERVICES Page 3 of 6 Plea should have details as to plea agreements either in a letter or email. Defense counsel is responsible for written plea agreements and Waiver of Rights forms. The Prosecutor shall, when negotiating with a Pro Se defendant, prepare a Notice of Plea which includes the terms of a the plea agreement, for the defendant’s signature, along with a Waiver of Rights form, to be filed with the Court prior to the change of plea whenever practicable. If any file, upon review by the Contractor, appears to be lacking this information, it may be provided via e-mail or fax upon notice of the lack of the material. F. Motion responses will be the responsibility of the Prosecutor assigned to the case, which includes the Contractor. Research to respond to motions is the responsibility of the Contractor, and may be facilitated by the City Attorney’s Office brief bank and other resources. The Contractor will prepare motion responses consistent with the established brief format used by the City Attorney’s Office. Contractor will also make appropriate notations in the file as to which witnesses will be necessary for any hearing associated with a motion when the response is filed. Appeal issues shall be determined on a case-by-case basis. G. Contractor shall arrange to pick up or review assigned case files prior to the trial date. All files, while in the possession of Contractor, shall be maintained and shall be open for inspection upon prior arrangement with any defendant or defense counsel in conformance with discovery requirements. Contractor may remove the files from City Hall, but if removed, a list shall be left with City Attorney’s Office staff in order to track the file. It is Contractor’s responsibility to review relevant statutes and be prepared for trial. Files shall be returned upon conclusion of the trial with appropriate notations as to the outcome, any continuances, or other actions required for the file. Files may be reviewed at any time during business hours by the Contractor at City Hall. Space will be made available, along with access to sample jury instructions as necessary. H. The City shall provide the Contractor with a key to the office space located at the Law & Justice Center used by the City Attorney’s Office. This space may be used for consultation with witnesses or officers, storage of items while the Contractor is in Municipal Court Department 1, and for other uses as warranted. The office is a shared space used for all members of the City Attorney’s Office. I. The Contractor may make use of available space at City Hall, such as the Law Library or conference rooms, as those spaces might be available, for the purpose of meeting with witnesses prior to trial. Contractor shall work with staff at the City Attorney’s Office to make appropriate arrangements when scheduling interviews outside Court times. 318 AGREEMENT FOR PROSECUTION SERVICES Page 4 of 6 J. Contractor and City shall be able to exchange information, up to and including Court Orders originating from the Bozeman Municipal Court, briefs, correspondences, and other documents, via email according to the current rules of the Eighteenth Judicial District Court unless and until the Bozeman Municipal Court shall establish court rules which may differ from those of the District Court. Contractor is advised the City is able to scan documents when necessary for distribution via email. 2. Time of Performance/Review of Agreement: The term of this agreement shall begin August 4, 2009, and shall continue for six (6) months or until the end of the grant cycle, whichever comes first. Prior to the expiration of this six (6) month period, the Contractor’s performance under this Agreement shall be reviewed by the City Attorney and the City Attorney shall decide whether to continue with this Agreement. The City Attorney may consider any relevant information in determining whether to continue with this Agreement including the ability of the Contractor to fulfill purposes of the Gallatin Project Grant, the efficacy of the contract arrangement and other issues as may be relevant at the time. Under no circumstances will this Agreement extend beyond the expiration of the current Gallatin Grant, set to expire September 30, 2010. The Contractor shall maintain a license to practice law in the State of Montana during the entire time period under this Agreement. Contractor shall notify the City Attorney immediately regarding any allegations of wrongdoing regarding the Contractor’s performance. Failure to maintain a license to practice law in Montana or the commencement of disciplinary proceedings by the Montana Bar Association against the Contractor shall unconditionally grant the City the right to immediately terminate this Agreement without notice. 3. Payment: The City shall pay to the Contractor, and the Contractor agrees to accept as full payment for the professional services furnished under this agreement, a rate of $33.00 per hour for time spent as approved by the City Attorney on assigned cases. The Contractor shall track the hours worked. The Contractor shall submit monthly statements to the City Attorney’s Office in accordance with the City’s warrants payable procedures. No expenses shall be paid to the Contractor outside the agreement amount absent prior written approval from the City Attorney. 4. Independent Contractor: It is understood and agreed that the Contractor is a professional person and that the relationship created by this agreement is that of an independent contractor. Contractor is not an employee of City, and is not entitled to the benefits provided by City to its employees, including but not limited to, group insurance and pension plan. Contractor may practice his/her profession for others during those periods when Contractor is not performing work under this agreement for City as long as such representation is done so in full compliance with the Montana Rules of Professional Conduct. Contractor’s limitations on employment are only those which Contractor’s ethical obligation to the client, City of Bozeman would preclude, including those obligations due to Contractor’s services as a 319 AGREEMENT FOR PROSECUTION SERVICES Page 5 of 6 prosecutor. As an independent contractor, Contractor is required to provide the necessary equipment to perform the services required herein except as provided by the City Attorney’s Office. To the extent the Contractor does not have certain specialized equipment or resources, the use of the City’s resources may be obtained as necessary to ethically perform the obligations of the contract. 5. Assignment/Substitute: Neither this agreement nor any interest herein, or claim hereunder, shall be assigned or transferred by Contractor to any party or parties. The Contractor shall be responsible for coordinating with the City Prosecutor regarding cases assigned and any conflicts which may arise during the performance of the contract. 6. Notice of Claim(s): The Contractor shall immediately notify the City of any claim, demand, complaint, or cause of action filed, delivered, or served on the Contractor during the term of this Agreement. This includes but is not limited to any demands for discovery in a criminal case or notice of appeal which is served on the Contractor. 7. Indemnification: Contractor shall hold harmless, and indemnify City, its officers and employees against all liability or loss, and against all claims or actions based on or arising out of damage or injury (including death) to persons or property caused by Contractor in the performance of this agreement, or based on any violation of any statute, ordinance, or regulation by Contractor. Contractor shall also indemnify City against all liability and loss in connection with, and shall assume full responsibility for, payment of all federal, state, and local taxes on contributions imposed or required under unemployment insurance, social security and income tax laws, with respect to Contractor’s employees engaged in performance of the agreement. The City shall indemnify contractor for the same caused by the City. 8. Insurance/Additional Covered Party Status: The Contractor shall maintain throughout the term of this Agreement, at Contractor’s sole expense, legal liability insurance. 9. Modification/Amendments: The parties agree that any amendment or modification of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and 320 AGREEMENT FOR PROSECUTION SERVICES Page 6 of 6 year first above written. CONTRACTOR: By: __________________________ Date: ________ ANNA L. ROONEY CITY OF BOZEMAN By: ________________________________ CHRIS KUKULSKI, City Manager Attest: ____________________________ STACY ULLMEN, CMC Clerk of Commission Approved as to Form: ___________________________________ Greg Sullivan, City Attorney 321