The URL can be used to link to this page

Home My WebLink AboutAddendum No. 3 with City of Boise for Prosecution and Legal Services RESOLUTION NO. 18787 BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, MAPPANDSHEALY A RESOLUTION APPROVING ADDENDUM NO.3 TO AN AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (LEGAL DEPARTMENT) AND THE CITY OF MERIDIAN TO EXTEND PROSECUTORlAL AND POLICE LEGAL ADVISOR SERVICES TO MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID ADDENDUM NO.3 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.3 to the Agreement by and between the City of Boise City and the City of Meridian, a copy of said Addendum No.3 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.3 for and on behalf of the City of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise, Idaho, this 27th day of September, 2005. I:/Legal Divisions/Legal Public Safety DivisionIResos 2005/Meridian Resolution R-305-05 27th APPROVED by the Mayor of the City of Boise, Idaho this September, 2005. ATTEST: day of A~ MAYOR I:/Legal Divisions/Legal Public Safety DivisionlResos 2005/Meridian Resolution R-305-05 EXHIBIT" A" ADDENDUM NO.3 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1,2002 The following is an addendum to that certain Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "Meridian"), and the City of Boise, a municipal corporation organized and existing by virtue ofthe laws of the State ofIdaho (hereinafterreferred to as "Boise"), specifically to the sections pertaining to 4,1 Payment for Services and 9 Possible Extension of Term of Agreement, 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 For Services 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 twenty thousand, forty and OOIlOOths dollars ($20,040) per month, with the annual total cost of $240,480. 2. Pursuant to Possible Extension of Term of Agreement under Section 9 ofthe original Agreement, Section 9 is modi'fied to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties have mutually agreed to renew or extend the term of this Agreement, as provided in the Contract Extension - FY-2006, mar~ed Exhibit "B" attached hereto. 3. Except as modified by this Addendum No, 3, the original Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums No.1 and 2, is hereby ratified and confirmed. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No.3 on this 27th day of September , 2005. Meridian Addendum No.3 . Pagel MERIDIAN: CITY OF MERIDIAN ATTEST: ~, {l~c:e /1J-(g-p5' BOISE: BY: Mayor David Bieter ATTEST: \..,' Meridian Addendum No.3 Page2 STATE OF IDAHO) ss: County of Ada, ) On this / 8ft'lday of () tfohot. ,2005, before me, a Notary Public, personally appeared Tammy de Weerd and William 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) 'lllIllll"oa"o . 'II 01\T a.. ~. -~'!~ . 9 ~""'~T .. .."..../ ~ 0 J:.. 'II" 0-"" 1II : : , u U I , II 1II , , iii (I , , lit . ' / 0 .~l~"~1fJ~~o... eilpj OF ~~. O"IItIilSlile S h aJl dl18wu-.jfu Notary Public for Idaho J . Residing at: "11u Lh t( J (). My Commission Expires: 10.... Pfi - It STATE OF IDAHO) ss: County of Ada, ) On this 27th day of September ,2005 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. ~~~.u QI ~teQfq'q ~......, \) RR 0 w: 'f$" .,..,... ~ aee"".eo J' V: "'~ (SEAL) ! Q.J..~.o. 0.". ~ \ ~ ~: ~OT A.~,~ "\ 'tot ::LQ: .r ot.e: :: s= D CJ:tGCD : 0 :: i: . :~: \.tJl: ~o PUB L\C l i \. :,?\ 00., eGo 0 ~ ""<'! .",)> .0"00009" ~ ..~ "'''''''' 'S 0 F to to- .......... q"'qg....n....... r, ) \'j J. ./ 0/''1\ 'I'U\ \, Notary Publici ',r Idaho ! (/ Residing at: Ca dwell, Idaho My Commissio'ri Expires: 6-14-11 Meridian Addendum No.3 Page3 EXHIBIT "B" CONTRACT EXTENSION - FY-2006 Prosecution and Criminal Leeal Service for the City of Meridian Cost for Services The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primary Legal Services Primary prosecutoriallegal services include: · Prosecutorial intake screening and review of all police-generated reports and citations; · Timely filing decision and notification back to MPD and customer; · Prosecution ofinfTactions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; · Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving MPD, including infractions, misdemeanors, and felony cases; · Coverage of the caseload in Family Violence Court. Primary civil legal advice and guidance to the Meridian Police Chief and MPD include: · Access to members of the Public Safety/Enterprise team for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under MPD's protocol; · On-site legal services by the dedicated assigned Police liaison attorney two days each week; · Written responses to Legal Information Requests approved by the Meridian Police Chief; · Routine review and approval of the MPD's public records requests and property dispositions; · Superior legal training for Block Training, Advanced Academy, on search and seizure, public record requests, property dispositions, internal affairs, and civil liability; · Training on other needs (including those identified through the screening process) by request ofthe Meridian Police Chief; · Regular legal bulletins, including Idaho case law, D.S, Supreme Court, and the Ninth Cir.cuit. Basic Victim/Witness services include: · Timely contact with victims (either by telephone or automated letter notice) by a victim/witness coordinator to advise of victim rights on all assumed cases; · Preparation of victims/witnesses for domestic violence-related cases (domestic assault, domestic battery, violation of no contact order, violation of protection order, stalking, telephone harassment when associated with one of the preceding, and malicious injury to property when associated with one of the preceding) and all cases with restitution; · Coordination and liaison with prosecutor on the above-mentioned cases. Annual Cost -$240,480 Optional Services Monthly Installment - $20,040 Boise City also provides this optional service to Meridian: · On-call victim/witness services (2417) for both misdemeanor and felony domestic violence-related cases and any other violent crimes, including sexual assault, rape, etc. $52/hour + mileage to and from the crime scene, victims' locations, or court *Mileage will correspond with the City of Boise's mileage rate (currently $0. 0365/mile)