Res 2014-106/Approving a Contract Prosecutor Agreement with Mr. Douglas Montgomery for Professional Legal Services in the San Marcos Municipal Court of Record at the rate of $60.00 per hour

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CONTRACT PROSECUTOR AGREEMENT This Contract Prosecutor Agreement ( "Agreement" herein) is made and entered effective August 5, 2014 by and between Douglas G. Montgomery ( "Prosecutor" herein), an attorney licensed to practice law in the State of Texas, doing business at 329 South Guadalupe, Suite 213, San Marcos, Texas 78666, and the City of San Marcos, Texas ( "City" herein), a home rule municipal corporation, doing business at 630 East Hopkins, San Marcos, Texas 78666. For and in consideration of the mutual agreements exchanged herein, Prosecutor and City hereby contract as follows: City hereby engages Prosecutor to perform and Prosecutor agrees to perform professional legal services consisting of prosecution of Class C misdemeanor cases and other matters filed in the San Marcos Municipal Court and cases appealed from that Court to the Hays County Courts at Law. Prosecutor is engaged as an independent contractor of City. 2. Prosecutor agrees to exercise his independent professional judgment and apply his legal knowledge, training, and experience to perform the duties of prosecutor to the best of his ability in accordance with the law and subject to the duty to serve the interests of justice. 3. Prosecutor agrees to make himself available at least one day per week, if necessary, to meet with complainants and witnesses who wish to file Class C misdemeanor charges in matters arising from acts or omissions alleged to have occurred within the corporate limits of the City of San Marcos or on City -owned property located in the City's extraterritorial jurisdiction. City shall, at Prosecutor's request, make an office available for such interviews and provide support staff necessary to schedule such interviews. 4. Prosecutor agrees to promptly notify the San Marcos City Attorney's Office and the Clerk of the San Marcos Municipal Court, or her deputy, of any known scheduling conflicts that will prevent Prosecutor from attending a scheduled docket in the San Marcos Municipal Court or in the Hays County Court at Law. 5. Prosecutor agrees to promptly notify the San Marcos City Attorney's Office if a legal conflict of interest prevents Prosecutor from prosecuting a case. In order to provide as much notice as possible, Prosecutor agrees to regularly check the municipal court's motion dockets and trial dockets for potential legal conflicts of interest. 6. Prosecutor and City anticipate that it will take approximately 20 to 25 hours per week to satisfactorily perform the professional services required under this