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HomeMy WebLinkAboutAgreement with City of Boise for Prosecution and Criminal Legal Services ~ ~ ~;~ :ti,f): ~.~ :(., ~~ i..: [ai:. -:.}: ~ t~i f,J: RESOLUTION 19285 ;;: BY THE COUNCIL: I BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND~1!BBS ~ i;:: ~ . 4 to an a r.ii ~ i content. execute attest ~ 3. 1.::1 ~ ~.1 10th . ~ 10th ~ ~ ~ ~'.:-'.~ R-389..06 ~~: :,.: ;~ ::.:: ~ ~~ ~ ~ ~i . ~ :.=. fA ~ It.( ~ ..., Io:i: if 1 ffl e EXHIBIT "A'; ~ ~ ~ ;~ ~ ~ ADDENDUM NO.4 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1.2002 a'i ~ ~ ....11 ~ :~ ~ ft. This addendum No. 4 is entered into 19th day October , 2006 by ~d --r:r-- between the City of Meridian (hereinafter referred to as "Meridian"), and the City of Boise, (hereinafter referred to as "Boise"), for the purpose on amending and extending an Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002. ... ~ ::~ :! Whereas, on November 1, 2002 Meridian and Boise entered into an agreement for Boise to provide certain prosecutoriaVcriminallegal services to Meridian; and ... Whereas, the agreement was extended and modified by Addendums approved in 2003, 2004 and 2005; and -:.~ Whereas, Meridian and Boise desire to modify or repeal certain terms of the agreement related to the provision of victim witness and juvenile accountability services; and~ t:.._ Whereas, Meridian and fBoise desire to extend the a~reement as modified for an '/j additional one (1) year term. Now, therefore, in consideration of the foregoing, Meridiaq and Boise agree to amend that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002 as follows: l,;!i ~ 1. That section 2.1.13 r;lated to the provision of victim/witness services is hereby deleted in its entirety. m ):.:( 2. That section 2.1.14 related to the provision of juvenile accountability services is hereby deleted in its entirety. itlli 3. That section 2.3.7 of the agreement is hereby modified to read as follows: :"1 Provide legal services through Boise's dedicated police liaison attorney (as approved by the Meridian Chief of Police) during normal business hours for not less than sixteen (16) hour~ per week at such times and locations as determined by the Meridian Police C:Bief; 4. That section 4 of the agreement is hereby modified to read as follows: ;:it 4. ~,' PAYMENT FOR SERVICES. Meridian agrees to pay Boise for servIces ren~~red pursuant to the terms of this Agreement as follows: ffi Meridian Addendum N<JJ. 3 "'". ~ Page 1 ,~ i~ ~ iti t:' rt: =: i'!: ;;"J fi ''-{,~ J2~ ..~~ ;~,= :-:.~ 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 sixteen thousand six hundred and eighty-three dollars ($16,683) per month, With the annual total cost of two hundred thousand one hundred and ninety six dollars ($200,196). ~.') :.. . ....:-::-: ;i 4.1.1 Payment of Primary Legal Services shall~pe paid by Meridian to Boise on or before the 20th d~y of the following month. ~ 4.1.2 Boise shall provide Meridian with a monthly itemized invoice of all services\~ performed at the request of Meridian beyond the Primary Legal Services (includiyg all out-of-pocket expenses). Provided the invoice is receiyed by the 5th of the month, Meridian shall remit payment to Boise by the first business day of the following month. :,~ := (1 ,.~: ~.. V'~ 5. That section 9 of the Agreement i~ hereby modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties mutually agree to renew or extend the term of this Agreement, as proyidedjn the Contract Extension - FY-2007, attached hereto as Exhibit~\~~" -~ 6. Except as modified by this Addendum No.4, the original Agreement for City Prosecutor/Criminal Legal Services between the City o~ Meridian and the ~ity of Boise dated Novembef~ 1, 2002, which incorporates Addendums Nos. 1, 2 and 3, shall remain in full force and effect. ,.. ~~ ~4 ~,.: IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No.3 on this . ~J)th day of October 2006. ,~. :>> .....:...:,:=:--:::-:-:".:;:;: ~ /~ : CITY OF MERIDIAN ..... ~:. Meridian Addendum No.3 ..~: Page 2 ~.: . .~. ~~~~::-:- #: ~:4: ~~ -40 ~:'?-l ) :~: ~ . " . . On this .. _ _ ._: day of , 2006, before me, a Notary Public, . ~ ................1- _,2,.. :-> h personally appear~~ Tammy de Weerd and W~lliam 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, ~d who acknowledged to me that they executed the same for the City of Meridian. :~: ~"'i. ~:. 'I.~. CITY OF BOISE ~.. ~ STATE OF IDAHO) .~: ss: County of Ada, ....-.': f ~ ~~ .,,'" ... ioE. ATTEST: :~ ~ :~: ;~ ~ IN WIlNESS WHEREOF, I have hereunto affixed. my official seal the gay and year first above written. (SEAL) Meridian Addendum No.3 Page 3 ~ :-;:., .-- . No\ary Public for Idaho R@siding at: My-:-:~qpunission Expires: >. :-.-! :....: ~{ 5....1 for "4-. ~ ~ lit ~ :: :t.= " CONTRACT EXTENSION - FY-2007 ~ Prosecution and Criminal Le~aI Service for the Citv of Meridian ~-Cost for Services ~ If.~ I; 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 :.)}: ((I; Primary prosecutoriallegal services include: ~ ~ 11.'11 !) :;r:. · Prosecutorial intake screening and review of all police-generated misdemeanor reports and citations; ~ · Timely filing decision and. notification back to MPD and customer; · ...Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; ~ )~ ~ Primary civil legal advice and guidance to the Meridian Police Chief and MPD include: ~<1 ~ . . !. . . .:- . . Access to members of the Public Safety Division for immediate assistance 24 hours a day, 7 days a week through cell phone and/or p:9-ger under MPD's protocol; .x. On-site legal services by the dedicated assigned Police liaison attorney two half-days each week; ~-(1 Routine review and approval of the MPD's public records requests and propertY dispositions; ... !;ij: Superior legal training for Block Training and Advanced Academy on search and seizure, trial preparation, investigations, and domestic violence; · ~ Training on other needs (including those identified through the screening process) by request of the Meridian Police Chief; . ~ Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth Circuit. ~ ~ ,~ II.~ s: I'i ~, Annual Cost - $200,196 Monthly Installment - $16,683 m m1 g ~ ~~ ....J); ;"1. ~ 1.1