HomeMy WebLinkAboutProfessional Service Agreement with City of Boise for City Prosecutor and Legal Services AddendumEI~IIBI T "A„
ADDENDUM N0.7 TO AGREEMENT FOR
CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
DATED NOVEMBER 1, 2002
This addendum No. 7 is entered into ~~day . ~ 2009 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 Addendums approved in 2003,
2004, 2005, 2006, 2007 and 2008; 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 two thousand six hundred fifteen dollars
($22,b15) per month, with the annual total cost of two hundred seventy-one
thousand three hundred eighty dollars ($271,380).
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. 7 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-2010, attached hereto as Exhibit B.
3. Except as modified by this ,Addendum No. 7, 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, 5 and
6 shall remain in full force and effect.
IT IS SO AGREED.
~TNESS V~;HEREOF, th~± parties have executed this Addendum No. 7 on this
day of ~.~fy? kt(J1,J , 2009.
CITX OF 1VIERIDIAN
BY: LC-~-.r1. ~
~u,r+,~i / ~,,tl~I ~G.~- ATTEST:
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_ S~L ayce .Holman, City Clerk
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CITY OF BOISE ~~'.~"f ~Q.``'~~
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Meridian Addendum Na
Exhibit "B"
CONTRACT EXTENSION - FY-2010
Prosecution and Criminal Legal 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 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 the dedicated assigned Police liaison attorney three half-days
each week;
• Routine review and approval of MPD's public records requests and property dispositions;
• Legal training for Block Training and Advanced Academy on seazch and seizure, trial
prepazation, 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 - $271,380 Monthly Installment - $22,615
i
RESOLUTION 20619
BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE,
JORDAN, SHEALY AND TIBBS
A RESOLUTION APPROVING ADDENDUM NO. 7 TO AN AGREEMENT BY AND
BETWEEN THE CITY OF BOISE CITY (LEGAL DEPARTMENT) AND THE CITY OF
MERIDIAN FOR THE PROVISION OF LEGALIPROSECUTORIAL SERVICES TO
THE CITY OF MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AND ATTEST SAID ADDENDUM NO. 7 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. 7 to an Agreement by and between the City of Boise
City and the City of Meridian, a copy of said Addendum No. 7 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
respective]y execute and attest said Addendum No. 7 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 15thday of
September ,2009.
APPROVED by the Mayor of the City of Boise City, this 15th day of
September ,2009.
APPROVED:
MAYOR David fl. Bieter
ATTEST:
R-260-09