HomeMy WebLinkAboutAddendum No. 2 with City of Boise for Prosecution and Legal Services
RESOLUTION NO. .18499
BY THE COUNCIL:
BISTERFELDT, CLEGG, EBERLE, JORDAN,
MAPP AND SHEALY
A RESOLUTION APPROVING ADDENDUM NO.2 TO AN
AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (LEGAL
DEPARTMENT) AND THE CITY OF MERIDIAN TO EXTEND
PROSECUTORIAL AND POLICE LEGAL ADVISOR SERVICES TO
MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AND ATTEST SAID ADDENDUM NO.2 ON BEHALF OF BOISE CITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 1,2002, the City of Boise and the City of Meridian
entered into an agreement for Boise to provide prosecutorial and police legal advisor
services to Meridian; and
WHEREAS, the City of Boise and the City of Meridian have agreed to an
extension and modification to the terms of the original agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCIL OF THE CITY OF BOISE CITY, IDAHO:
Section 1. That Addendum No.2 to the Agreement by and between the City of
Boise City and the City of Meridian, a copy of said Addendum No.2 marked Exhibit "A"
being attached hereto and incorporated herein by reference, be, and the same is hereby,
approved as to both form and content.
Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to
respectively execute and attest said Addendum No.2 for and on behalf ofthe City of
Boise City.
Section 3. That this Resolution shall bein full force and effect immediately upon
its adoption and approval.
ADOPTED by the Council of the City of Boise, Idaho, this 25th
January, 2005.
day of
!:/legaldoc/resolutions & ordinances/resosl2004/meridian resolution.doc
R-496-04
APPROVED by the Mayor of the City of Boise, Idaho this
January, 2005.
25th
day of
ATTEST:
MPR~
MAYOR
!:/legaldoc/resolutions & ordinances/resos/2004/meridian reso!ution.d~c
R-496-04
EXHIBIT "A"
ADDENDUM NO.2 TO AGREEMENT FOR
CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
DATED NOVEMBER 1, 2002
The following is an addendum to that certain Agreement Jor City Prosecutor/Criminal
Legal Services between the City of Meridian, a municipal corporation organized and existing by
virtue of the laws of the State ofIdaho (hereinafter referred to as "Meridian"), and the City of
Boise, a municipal corporation organized and existing by virtue of the laws of the State pfIdaho
(hereinafter referred to as "Boise"), specifically to the sections pertaining to 4.1, 4.1.2, and 4.2
Payment for Services, which are subsequent to entering into the original Agreement for City
Attorney/Civil Legal Services dated November 1, 2002.
The parties hereto agree as follows:
1. Pursuant to the Payment ForServices under Section 4.1 of the original
Agreement, Section 4.1 is modified to read as follows:
4.1
As compensation for all Primary Legal Services, including all out-of-
pocket expenses incurred by Boise in performing the Primary Legal
Services, Meridian shall pay Boise the total sum of fourteen thousand,
three hundred seventy and 00/1 OOths dollars ($14,370) per month, with the
annual total cost of $172,440.
2. Pursuant to the Payment For Services under Section 4.1.2 of the original
Agreement, Section 4.1.2 is hereby deleted, since Meridian has chosen to opt out of the JAIBG
program.
3. Pursuant to the Payment For Services under Section 4.2 of the original
Agreement, Section 4.2 is modified to read as follows:
4.2
Compensation for on-call victim/witness services performed by Boise at
the request of Meridian shall.be paid at the rate of $52.00 per hour for
services performed by Boise's victim/witness cooqiinators (who shall be
available 24 hours a day, 7 days a week, and who shall also provide
follow-up for all violent misdemeanor crimes), plus reimbursement for
mileage to and from the Boise City victim/witness coordinator office, to
and.from the crime scene, victims' locations, or court, in the amount of
Boise's applicable mileage rate ($0.0365 per mile as of December 6,
2004).
Meridian Addendum No.2
Page I
4. Pursuant to Insurance under Section 7 of the original Agreement, Section 7 is
modified to read as follows:
Professional liability (errors and omissions)
*First $400,000 is self-insured
$5,000,000*
5. Pursuant to Indemnification under Section 8 of the original Agreement, Section 8
is modified to read as follows:
INDEMNIFICATION AND HOLD HARMLESS. Boise shall defend,
indemnify, and hold Meridian and its officers, agents, and employees harmless
from any and all claims, demands, liability, losses, damages, costs, or expenses,
including attorney fees, which may be brought, claimed, or pursued against
Meridian arising out of any negligent, willful, or otherwise wrongful act or
omission of Boise or its officers, agents, and employees.
Meridian shall defend, indemnify, and hold Boise and its officers, agents, and
employees harmless from any and all claims, demands, liability, losses, damages,
costs, or expenses, including attorney fees, which may be brought, claimed, or
pursued against Boise arising out of any negligent, willful, or otherwise wrongful
act or omission of Meridian or its officers, agents, and employees.
6. Pursuant to Possible Extension of Term of Agreement under Section 9 of the
original Agreement, Section 9 is modified to read as follows:
POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties have
mutually agreed to renew or extend the term of this Agreement automatically with
the details to be specified in writing within 30 days of the end of the last contract
renewal. If Meridian intends to terminate the contract at the end of the contract
period, they will provide Boise with a 60-day written notice.
7. Pursuant to Termination under Section 10 of the original Agreement, Section 10
is modified to read as follows:
TERMINATION. This agreement may be terminated upon mutual agreement of
the parties. In addition, both parties shall have the right to terminate the
agreement upon a 60-day written notice to the other party. In the event of a
termination, Meridian shall remain responsible to pay Boise for all services
provided through the date of termination pursuant to the terms of this Agreement.
8. Except as modified by this Addendum No.2, the original Agreement For City
Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated
November 1, 2002, is hereby ratified and confirmed.
Meridian Addendum No.2
Page 2
IT IS SO AGREED.
IN WITNESS WHEREOF, the parties have executed this Addendum No.2 on this
2')tb day of bnn"TY , 200Jt.
5
MERIDIAN:
CITY OF MERIDIAN
BY:
ATTEST:
BOISE:
:~B~
Mayor David Bieter
ATTEST:
Meridian Addendum No.2
Page 3
STATE OF IDAHO)
County of Ada, )
ss:
;2Øo5
On this ~../-"'- day of -ebfAA WM, before me, a Notary Public,
personally appeared Tammy de Weerd and Willi G. Berg, Jr., known or identified to me to be
the persons whose names are subscribed to the within and foregoing instrument as the Mayor and
City Clerk, respectively, of the City of Meridian, and who acknowledged to me that they
executed the same for the City of Meridian.
IN WITNESS WHEREOF; I have hereunto affixed my official seal the day and year first
above written.
(SEAL)
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STATE OF IDAHO)
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County of Ada,
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On this 25th day of January , 20Q¡}, before me, a Notary Public,
personally appeared David Bieter and Annette P. Mooney, known or identified to me to be the
persons whose names are subscribed to the within and foregoing instrument as the Mayor and
City Clerk, respectively, of the City of Boise, and who acknowledged to me that they executed
the same for the City of Boise.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first
above written.
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Meridian Addendum No.2
Page 4
Idaho
6-14-05