HomeMy WebLinkAboutAddendum No. 5 to Agreement with City of Boise for Prosecution and Criminal Legal ServicesRESOLUTION 20015
BY THE COUNCIL: ~ BISTERFELDT, CLEGG, EBERLE,
JORDAN, SHEALY AND TIBBS
A RESOLUTION APPROVING ADDENDUM NO. S TO AN AGREEMENT BY
AND BETWEEN THE CITY OF BOISE CITY (LEGAL DEPARTMENT) AND
THE CITY OF MERIDIAN FOR THE PROVISION OF LEGAL/
PROSECUTORIAL SERVICES TO THE CITY OF MERIDIAN;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND
ATTEST SAID ADDENDUM NO. S ON BEHALF OF BOISE CITY; AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCIL OF THE CITY OF BOISE CITY, IDAHO:
Section 1. That Addendum No. 5 to an Agreement by and between the City of
Boise City and the City of Meridian, a copy of said Addendum No. 5 marked Exhibit
"A" 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. 5 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 City, Idaho this 4th day of
~~ , 2008.
R-101-08
APPROVED by the Mayor of the City of Boise City, this 4th day of
t~Axca .2008.
CITY OF BOISE
To: Mayor and Council
FROM: Steve Rutherford
ORDINANCE or RESOLUTION NUMBER:
DATE: February 26, 2008
SUBJECT: Meridian City Prosecution Services Contract
ACTION REQUIRED: Approval
RECOMMENDATION:
FISCAL IMPACTBUDGET IMPLICATIONS: Meridian City will pay the City of
Boise $20,115 per month for prosecution and criminal legal services for the 2008 fiscal
year. The annual amount of the contract is $241,380. This amount is calculated to fully
cover the cost of providing this service.
BACKGROUND: The City Attorney's Office negotiated this contract late summer and
fall of 2007. Meridian accepted the terms of the attached contract in the adoption of their
2008 budget. This contract, while somewhat delayed, is a formalization of the existing
relationship. Due to mutual oversight of this office and Meridian City, this contract is
just now coming to you for approval.
ATTACHMENTS: Resolution, Addendum Number 5 to the 2002 Agreement for
Prosecution Services, and Contract Extension - FY-2008.
EXHIBIT "A"
ADDENDUM NO. S TO AGREEMENT FOR
CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
DATED NOVEMBER 1, 2002
This addendum No. 5 is entered into 4th day ~~ , 2008 by and
between the City of Meridian (hereinafter referred to as "Meridian"), and the City of
Boise, (hereinafter referred to as "Boise"), for the purpose of 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 prosecutorial/criminal legal services to Meridian; and
Whereas, the agreement was extended and modified by Addendurns approved in 2003,
2004, 2005 and 2006; and
Whereas, Meridian and Boise desire to modify certain terms of the agreement related to
the amount of payment; and
Whereas, Meridian and Boise desire to extend the agreement as modified for an
additional one (1) year term.
Now, therefore, in consideration of the foregoing, Meridian and Boise agree to amend
that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, .
2002 as follows:
1. That Section 4 of the Agreement is hereby modified to read as follows:
4. PAYMENT FOR SERVICES. Meridian agrees to pay Boise for services
rendered pursuant to the terms of this Agreement 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 one hundred fifteen dollars
($20,115) per month, with the annual total cost of two hundred forty-one
thousand three hundred eighty dollars ($241,380).
4.1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or .
before the 20~' day 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
(including all out-of-pocket expenses). Provided the invoice is received.by the
5`" of the month, Meridian shall remit payment to Boise by the first business day
of the following month.
Meridian Addendum No. 5 Page 1
2. That section 9 of the Agreement is 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 provided in the Contract Extension
- FY-2008, attached hereto as Exhibit "B"
3. Except as modified by this Addendum No. 5, 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 Nos. 1, 2, 3 and 4,
shall remain in full force and effect. _.
IT IS SO AGREED.
IN WITNESS WHEREOF, the parties have executed this Addendum No. 5 on this
4th day of ~~ , 2008.
CITY OF MERIDIAN
BY: ~ ~G~,.e~iJ
Mayor T e Weerd
ATTEST:
BY:
Jaycee
CITY OF BOISE
BY:
i
ATTEST:
Meri
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79- W 9 ~ '1 P
BY.
Annette P. Moo y, City erk
2
EXHIBIT "B"
CONTRACT EXTENSION - FY-2008
Prosecution and Criminal Leal 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 prosecutorial legal services include:
• 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;
• Coverage of the additional caseloads in the new crunnal courtrooms assigned by the
Trial Court Administrator.
Primary civil legal advice and guidance to the Meridian Police Chief and MPD include:
• Access to members of the Public Safety Division 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 half-days
each week;
• Routine review and approval of the MPD's public records requests and property
dispositions;
• Superior legal training for flock 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.
Annual Cost - $241,380 Monthly Installment - $20,115