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HomeMy WebLinkAboutAddendum No. 6 to Prosecution Services Agreement with City of Boise for Prosecution and Criminal Legal ServicesRESOLUTION 20271 BY THE COUNCIL: ~ BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS A RESOLUTION APPROVING ADDENDUM N0.6 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 N0.6 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. 6 to an Agreement by and between the City of Boise City and the City of Meridian, a copy of said Addendum No. 6 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. 6 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 23rd day of September ,2008. APPROVED by the Mayor of the City of Boise City, this 23rd ~y of September ,2008. T: ~~ ~ t.i. ~~ -John E. Fav APPROVED: rte..,. MAYOR -Devi H. Bieter R-36{1-08 EXHIBIT "A" ADDENDUM NO, b TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002 This addendum No. 6 is entered into 23rd day September , 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 prosecutoriaVeriminal legal services to Meridian; and Whereas, the agreement was extended and modified by Addendums approved in 2003, 2004, 2005, 2006 and 2007; 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 one thousand three hundred twelve dollars ($21,312} per month, with the annual total cost of two hundred fifty-five thousand seven hundred forty-four dollars ($255,744). 4.1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or before the 20a' 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 Sa' of the month, Meridian shall remit payment to Boise by the first business day of the following month. Meridian Addendum No. b 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-2009, attached hereto as Exhibit "B" 3. Except as modified by this Addendum No. 6, 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, 4, and 5 shall remain in full force and effect. IT IS SO AGREED. IN TNESS WHEREO ,the parties have executed this Addendum No. 5 on this ~fdday of se~f'Q/Y~~P~1` 2008. CITY OF MERIDIAN 7 BY: sr1'~ Mayor T y de Weerd CITY OF BOISE BY: Mayor David Bieter ,~,~,~~~ut~ry~ ATTEST: ~,~.~ O~ MF.~j~! ~.,~'~ ~' ~~', ,~o BY: _ Jaycee loran, Fity rk 90,9 r ts'~ •, ~ ~~: QOUMY ~P ~Q~ Meridian Addendum No. 6 EXHIBIT "B" CONTRACT EXTENSION - FY-2009 Prosecution aad Criminal L al ervi a for the Ci of Meridian Cost for Services The Boise City Attorney's office proposes to continue to oiler 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 criminal 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 a rotation of police attorneys three half-days each week; • Routine review and approval of MPD's public records requests and properly dispositions; • 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. Annual Cost - $255,744 Monthly Installment - $21,312 CITY OF BOISE To: Mayor and Council FROM: Jodi Nafzger, Assistant City Attorney ORDINANCE or RESOLUTION NUMBER: DATE: September 15, 2008 SUBJECT: Meridian City Prosecution Services Contract Extension ACTION REQUIRED: Approval of resolution for contract extension for Meridian prosecution and police advisor services for f scal year 2009. FISCAL IMPACT/BUDGET IMPLICATIONS: Meridian City will pay the City of Boise $21,312 per month. The total annual amount will be $255,744. This represents an overall bid increase of 5.8%, which includes the new case management system, adding another half-day {for a total of 3 half-days) of on-site attorney advice by a rotation of 2-3 police attorneys, and increased travel costs. BACKGROUND: The City Attorney's Office presented the contract extension proposal to the Meridian City Council on July 9, 2008. The proposal was again met with much satisfaction and Meridian has accepted the terms of the attached contract in the adoption of their 2009 budget. ATTACHMENTS: Resolution, Addendum No. 6 to the 2002 Agreement for Prosecution Services, and Contract Extension - FY-2009.