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HomeMy WebLinkAboutProfessional Services Agreement for City Prosecutor/Criminal Legal ServicesAGREEMENT FOR CITY PROSECUTOR /CRIMINAL LEGAL SERVICES This Agreement for City Prosecutor/Criminal Legal Services (hereinafter referred to 8~` as "Agreement") is made this ~ day of /Udy~~,~.~, 2002, 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 of the laws of the State of Idaho (hereinafter referred to as "Boise") RECITALS 0.1 Pursuant to Idaho Code § 50-204 and Meridian City Code §§ 1-8-1 and 1-8C-1, on August 16, 2002 Meridian requested the submission of proposals from qualified firms to provide certain city prosecutor/criminal legal services to Meridian. A copy of Meridian's Request for Proposals (RFP NO. 02-002) is attached hereto as Exhibit "A"and is incorporated in full herein and is made a part of this Agreement by this reference. 0.2 In response to Meridian's request for proposals, Boise, through the office ofthe Boise City Attorney, submitted a Response dated September 16, 2002, a copy of which is attached hereto as Exhibit "B" and which is incorporated in full herein and is made a part of this Agreement by this reference. 0.3 Among the proposals received in response to Meridian's request for proposals as set forth above, Meridian has deemed the proposal submitted by Boise as the most advantageous to the best interest of Meridian. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound thereby, Meridian and Boise covenant and agree as follows: 1 INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are contractual and binding and are incorporated herein as if set forth in full. 2 DEFINITIONS. In addition to any other definitions set forth in this Agreement, for all purposes of this Agreement the following terms are defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "Fiscal Year" means and refers to Meridian's fiscal year, now beginning October 1 st and ending September 30th of each calendar year, as provided by State law and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for Meridian. 2.2 "MPD" means and refers to the Meridian Police Department. 2.3 "Primary Legal Services" means and refers to all of the following: 2.3.1 Legal services necessary to prosecute all criminal misdemeanors, infractions, and all violations of the City Code of the City of Meridian involving matters occurring within the corporate limits of the City of Meridian, or pursuant to the Memorandum of Understanding between MPD and the Boise Police Department; or initiated by Meridian, or involving the enforcement of Meridian's ordinances and/or Idaho State Law; AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 2 2.3.2 Prosecutorial intake screening and review of all police-generated reports and citations, the timelyfiling of decisions thereon, and prompt notification of decisions to MPD and customer; 2.3.3 Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving MPD concerning infractions and misdemeanors; 2.3.4 Coverage of Meridian's caseload in Family Violence Court; 2.3.5 Provide civil legal advice and guidance to the Meridian Police Chief and MPD; 2.3.6 Provide access to members of the Boise City Attorney's Public Safety/Enterprise team for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under a protocol to be developed with the Meridian Police Chief; 2.3.7 Provide legal services through Boise's dedicated assigned police liaison attorney (as approved by the Meridian Chief of Police) at the MPD facility during normal business hours for not less than sixteen (16) hours per week at such times as determined by the Meridian Police Chief; 2.3.8 Provide prompt written responses to Legal Information Requests approved by the Meridian Police Chief, his designee, or from Meridian's Mayor or City Council; 2.3.9 Routine review and approval of all public records requests received by the MPD (or received by Meridian concerning police matters); AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 3 2.3.10 Provide Meridian with legal training on issues such as search and seizure, public record requests, and civil liability; 2.3.11 Provide further training of MPD personal on other needs (including those identified through the screening process) as requested by the Meridian Police Chief; 2.3.12 Provide MPD with regular legal bulletins, including relevant Idaho, U.S. Supreme Court, and the Ninth Circuit case law and decisions; 2.3.13 Provide victim/witness services in criminal misdemeanors including timely contact with victims (either by telephone or automated letter notice) by a victim/witness coordinator to advise of victim rights on all required 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; and coordination and liaison with prosecutor on the above-mentioned cases; 2.3.14 Provide Meridian with juvenile accountability services for all juveniles with first-time tobacco and alcohol tickets regarding offenses occurring within the corporate limits of the City of Meridian, including staffing at the MPD facility as agreed upon with Meridian's Chief of Police to perform assessments, initial and exit interviews, scheduling of education classes and community service, and formal complaints AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 4 for the tickets of those who do not qualify, who fail to complete the program, or who re-offend within 12 months of the first offense; 2.3.15 For defendants who receive probation (either supervised or unsupervised) as a result of a conviction for a misdemeanor occurring within the corporate limits of the City of Meridian (or defendants who fail to pay fines and restitution), Boise shall monitor such defendants compliance with the terms of probation, and shall take appropriate action (including the initiation and prosecution of probation violation and/or contempt proceedings, requests for issuance of arrest warrants, etc.) in an effort to obtain compliance; and 2.3.16 Provide all other services as set forth in the Response submitted by Boise (Exhibit "B"), excluding Optional Legal Services as defined above. 3 SERVICES PROVIDED BY BOISE. Pursuant to the terms of this Agreement, Boise is hereby appointed by Meridian to perform all Primary Legal Services for Meridian and such other Optional Legal Services as requested by Meridian. 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 twelve thousand six hundred seventy and 00/100ths dollars ($12,670.00) per month. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 5 4.1.1 Payment for Primary Legal Services shall be paid by Meridian to Boise or before the 20`h day of the following month. 4.1.2 In addition to the monthly retainer amount, Meridian shall execute a waiver to transfer the JAIBG grant funds (in the approximate amount of $11,708) previously assigned to Meridian to Boise. 4.2 Compensation for victim/witness services performed by Boise at the request of Meridian shall be paid at the rate of $50.00 per hour for services performed by Boise's victim witness coordinators (who shall be available 24 hours a day 7 days a week and who shall also provide follow-up for all violent misdemeanor crimes), plus reimbursementfor mileage to and from the Boise City victim witness coordinator office and all crime scenes and victims' locations which are located outside Boise City limits. 4.3 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`h of the month, Meridian shall remit payment to Boise by the first business day of the following month. 5 TERM. The term of this Agreement shall commence November 1, 2002 and shall continue until the end of Meridian's current Fiscal year, September 30, 2003, subject to renewal or extension as set forth in this Agreement. 6 REPRESENTATIONS AND WARRANTIES OF BOISE. Boise represents and warrants to Meridian as follows: AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 6 6.1 Authority. Boise has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. 6.2 Performance of Services. Boise agrees to perform all of the services and work set forth in this Agreement in a timely, efficient, and professional manner in accordance with the terms of this Agreement and in compliance with existing laws, ordinances, rules, or regulations of any applicable regulatory authority or governmental body. 6.3 Non-Exclusive Agreement. Boise acknowledges that this Agreement shall not be interpreted to limit Meridian's authorityto retain the services of outside legal counsel to perform any legal services other than Primary Legal Services, whether as a result of Meridian's need for special expertise or otherwise. 7 INSURANCE. For the purposes of this Agreement, Boise shall carry the following types of insurance in at least the per occurrence limits specified below: Coveraae 8 Limits of Liability Professional liability (errors and omissions) Workman's Compensation Employer's Liability General Liability (bodily injury and/or property damage) Automobile bodily injury and/or property damage liability (combined single limit) Statutory limits $1,000,000.00 $1,000,000.00 $1,000,000.00 INDEMNIFICATION. Boise shall indemnify and hold Meridian, and its officers, agents, and employees, harmless from any and all liability, damage, or expense, including attorney fees, which may be brought, claimed, or pursued against Meridian or its representatives arising out of the intentional act, negligence, or omission of Boise or its employees, agents, or representatives. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 7 9 POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties m a y mutually agree to renew or extend the term of this Agreement; however, any such renewal or extension must be in writing. 10 TERMINATION. This agreement may be terminated upon mutual agreement of the parties. Meridian shall also have the right to remove Boise's appointment as Meridian's attorneys in the manner as set forth in Idaho Code § 50-206 and terminate this Agreement, with orwithout cause, at any time, which termination shall be effective upon service of written notice to Boise in the manner as set forth herein. In the event of a termination, Meridian shall remain responsible to pay Boise for all services provided through the date of termination pursuant to the terms of this Agreement. 11 GENERAL PROVISIONS. 11.1 Attorney's Fees. If any action or proceeding is instituted to enforce or construe any provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from any party or parties against whom a judgment is entered, all reasonable attorneys' fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entitled. 11.2 Binding Effect. This Agreement shall be binding upon the heirs, estates, personal representatives, successors, and assigns of the parties. 11.3 Choice of Law. This Agreement will be interpreted in accordance with the laws and statutes of the State of Idaho. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 8 11.4 Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: Notice to Meridian: Robert D. Corrie, Mayor Meridian of Meridian 33 East Idaho Street Meridian, Idaho 83642 AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 9 Notice to Boise: Boise City Attorney City Hall 150 N. Capitol Blvd. P.O. Box 500 Boise, Idaho 83701-0500 11.5 Paragraph Headings. The paragraph headings of this Agreement are for clarity in reading and not intended to limit or expand the contents of the respective paragraphs. 11.6 Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a way as to be effective and valid under applicable law. If a provision of this Agreement is prohibited by, or invalid under applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 11.7 Further Assurances. The parties each for themselves do further covenant to the others to execute any and all other documents necessary to effect the transfers contemplated by this Agreement. 11.8 Time. Time is declared to be of the essence to this Agreement. 11.9 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power, or privilege under this Agreement or the documents referenced in this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, oc privilege. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 10 11.10 No Assignment by Boise. Boise shall not sell, assign, or transfer all or any portion of its interest in this Agreement at any time. 11.11 Hand-written Provisions. Hand-written provisions inserted in this Agreement, and initialed by the parties in ink, shall control all type-written provisions in conflict therewith. 11.12 Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to its subject matter, and constitutes (along with the other documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. 11.13 Execution and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original agreement, but all of which shall be considered one instrument. 11.14 Amendments. This Agreement may not be amended, modified, altered or changed in any respect whatsoever, except by further agreement in writing duly executed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. MERIDIAN: ATTEST: CITY OF By: Sh~~1~/'yLc°~i, ~! William G. Berg, Jr., MeridianiC :. AGREEMENT FOR CITY PROSECUTOR/CRIM~ IDIAN Y:,T.;-.;~ pekiw.l STATE OF IDAHO ) ss. County of Ada ) On this ~ day of Dy~6er , 2002, before me, a Notary Public, personally appeared Robert D. Corrie and 1 known or identified to me to be the persons whose names are subscribe f~ i in air `d foregoing instrument as the Mayor and {~c~.-~~Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. IN WITNESS WJ;~f„~OF, I have h first above writte~~P,~1~BN ~S~f.,~. ~. •. ~ •. ! ~' ~ ~ X. w :~w,~ SUB L 1C ~.' BOISE: •'••;q OF IDP~,.••• affixed my oj~icial seal the day and year Public for Idaho ding at ~'u ~, ,Idaho Commission xpires: oy/aa~ay CITY OF BOISE Mayor ATTEST: By: Its: STATE OF IDAHO ) ss. County of Ada ) On this day of , 2002, before me, a Notary Public, personally appeared H. Brent Coles and known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and ,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. Notary Public for Idaho Residing at ,Idaho My Commission Expires: AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 12 EXHIBIT "A" (Attach copy of Meridian's Request for Proposals [RFP NO. 02-002] here) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 13 CITY OF MERIDIAN RFP NO. 02-002 August 16, 2002 The City of Meridian is requesting proposals f City Prosecutor / Criminal Legal Services for the City of Meridian. arms are invited to submit a proposal in the format outlined in the Request for Proposals. A complete package of requirements necessary to comply with this RFP may be obtained from: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Clarifications to the Request they are submitted in writing least five working days prior clarifications to the require addendum to the proposal. No the City or the consultant. for Proposals will be considered only if and received by Meridian City Clerk at to the proposal opening. All vents will be addressed as a written verbal clarifications will be binding on Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP No. 02-002; City Prosecutor/Criminal Tel Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 by 4:00 p.m. on the 16th day of September, 2002.- No exceptions. All proposals must be signed. THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGULARITIES IN THE PROPOSALS RECEIVED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CITY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS_A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE. EXHIBIT A CITY OF MERIDIAN RFP NO. 02-002 The City of Meridian is requesting proposals for City Prosecutor / Criminal Legal Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the prop receive must be specifically marked: RFP No. 02-002; City Prosecutor/Criminal Legal Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Clarifications to the Request they are submitted in writing least five working days prior clarifications to the requirea addendum to the proposal. No the City or the consultant. for Proposals will be considered only if and received by Meridian City Clerk at to the proposal opening. All vents will be addressed as a written verbal clarifications will be binding on The successful firm will be required to provide evidence of Professional Liability Insurance (Errors and Omissions), Worker's Compensation Insurance for all employees, and General Liability Insurance in an amount to be determined. Protest of RFP Requirements, Standards, Specifications, or Process: Any Vendor who wishes to protest the requirements, standards, specification or process outlined in this Request for Proposals may submit a written notification to the City of Meridian, to be received no later than five working days prior to the proposal opening. The . notification shall state the exact nature of the protest, describing the location of protested portion or clause in the RFP document and' explaining why the provision should be struck, added, or altered, and contain suggested corrections. The City may deny the protest, require that the RFP be modified, modify the RFP, and/or reject all or part of the protest. Protest of Contractor Selection or Contract Award: Any actual or prospective proposer who is aggrieved in connection with the selection of a contractor or award of the contract may submit a protest to the City of Meridian. The protest shall be submitted within four (4) working days after such aggrieved person knows or should have known the facts, which give rise to the protest. The protest must set forth in specific terms the alleged reason the Vendor selection or contract award is erroneous. Page 1 of 5 City of Meridian RFP No. 02-002 City Pto~ecutor / Criminal Legal Services Award of Contract: It is anticipated that the City will contract with one person or a firm as needed for fiscal year 2002-03 with the possibility of continuing one (1) year extension(s). We appreciate your interest in this project and realize that the development of a proposal is a costly and time-consuming effort. Please be assured your proposal will be thoroughly reviewed and evaluated. It is anticipated that the contract will be awarded effective November 1, 2002. RFP NO. 02-002 CITY PROSECUTOR/CRIMINAL LEGAL SERVICES FOR THE CITY OF MERIDIAN PROPOSAL SUBIrIITTAL REQUIREb~NTS SCOPE OF WORK: The City of Meridian is soliciting proposals to provide Legal Services for Criminal Prosecution. The specific proposal submittal requirements are defined below. The anticipated services will relate primarily to: General Legal Municipal Law including but not limited to the following areas of expertise: General Criminal Prosecution including but not limited to the following services: - Prosecution of all infraction and misdemeanor offenses generated by the Meridian Police Department; - Advise Police Chief on all police related issues to include, but not limited to search and seizure, U.S.C. Section 1983, Idaho Public Records law, arrest and other similar issues to be decided by the Chief of Police; - Assist other prosecuting agencies, as needed pursuant to any existing agreements for prosecution services; - Provide on-site service for legal advice in a method and manner to be determined with the Chief of Police; - In-Court representation of the City of Meridian on all criminal"matters; - Any and all other duties as assigned by the Mayor and/or City Council. Page 2 of 5 .City~of Meridian RFP No. 02-002 City Prosecutor / Criminal Legal Services I SUBMITTAL PROCEDURE A. Date & Location: Written proposal submittals are due on the 16th day of September, 2002 at 4:00 p.m. local time at the office of the City Clerk. The envelope in which the proposal is received must be specifically marked: RFP No. 02-002; City Prosecutor/Criminal Legal Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 B. Please submit Ten (10) copies of the proposal in a sealed package and identified as follows: "SEALED PROPOSAL" "RFP No. 02-002; City Prosecutor/Criminal Legal Services for the City of Meridian" II PROPOSAL FORMAT Written proposals must be clear, concise and formatted as outlined below to allow for consistent and fair evaluation of each submittal. SECTION I Cover Letter/Signature Page - The cover letter should contain an introduction of you/your firm, a summary of its capabilities to perform the services requested, and a summary of your firm's experience in this type of work. It also is suggested that you outline your interest in this project(s) and ability to respond and perform. The cover letter should be signed by a principal of the firm. The signature page shall be completed and returned with your proposal. SECTION II Available Staff and Equipment - This section outlines the experience and expertise your key individuals have relating to the type of projects anticipated. Please designate the individuals that will be assigned, or anticipated to be assigned, to perform the various tasks and duties outlined. A summary of the number of staff people available to support these key individuals also should be provided. Also, •a summary of equipment capabilities such as word processing, FAX machines, and ability to communicate with the City via E-Mail should be provided. Page 3 of 5 • City •of Meridian RFP No. 02-002 City Prosecutor / Criminal Legal Services SECTION III Ability to Provide Responsive Services - The services anticipated by this proposal will, for the most part, be requested on short notice with tight time frames. Please outline your firm's approach and commitment for providing the necessary services in a timely fashion. SECTION IV Cost for Services - Please provide a description of the proposed billing methodology which may be a listing of the personnel (type) to be utilized and the billable rate for each category of staff, a blended rate, retainer, or some other method. SECTION V Description of Prior Experience - Each proposer is requested, without disclosing client sensitive information, to submit a description of prior work done in the area of law for which the proposal is submitted including a description of the preferred method of relating to an institutional client, type and manner of case referral, preferred method of development of case strategy, and historical client cost information. SECTION VI Description of Service to the City - Each,. proposer is requested to describe its methods of determining that matters handled will be timely, professional, and in accordance with City personnel's expectations, that unnecessary activities will be avoided, that ingenuity and resourcefulness by assigned staff encouraged, and how representing parties with interests adverse to the City avoid will be avoided during the contract term. SECTION VII Other (Optional) - This section is provided to allow for any other information, including alternate retainer agreement language you believe is important to be noted as a part of the selection process. This may include alternatives to the services and methods of delivery proposed by this RFP. Alternatives methods of delivery of services must be very detailed and specific to be acceptable. APPENDIX (OPTIONAL) A. Resumes B. Brochures C. Letters of Recommendation D. Other Page 4 of S . City. of Meridi~ri RFP No. 02-002 City Prosecutor / Criminal Legal Services III EVALUATION PROCESS City staff will review and evaluate the responses received against the evaluation criteria listed below. Based on the evaluation of the written proposal by staff, the Contract will be awarded by the City Council. The City Council has final approval and award authority regardless of staff recommendations. A. Evaluation Criteria: The evaluation will be based on the responses received. The City reserves the right to reject any and all responses received if it determines that action to be in its best interest. The following criteria will be considered in evaluating the responses received: 1. Qualifications and Experience of the Firm: This will be evaluated based on the breadth and depth of the firm's recent and relevant experience in the provision of comparable legal services. 2. Qualifications and Experience of the Individuals Who Will Perform the Work: This will be based on the resumes and recent relevant experience~of the attorneys who will be working with the City, especially those senior attorneys responsible for directing the services and advice provided to the City. 3. Demonstrated Understanding of the City's Needs: This will give credit to demonstrated insight; suggested approaches, priorities, or areas of emphasis; and innovative, constructive thinking. 4. Cost: .The City is keenly interested in overall cost control and will evaluate carefully the hypothetical cost estimates provided in response to Section IV. Page 5 of 5 City of Meridian RFP No. 02-002 City Prosecutor / Criminal Legal Services EXHIBfT "B" (Attach copy of Boise's Response dated September 16, 2002) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 14 ~, f SEP i G 200? City of Meridiaz~ City Clerk Office. 'E5 office of Tie C~~ ~~c~~rn~y RESPONSE . RFP No. 02-002 City Prosecutor/Criminal Legal Services for The City of Meridian . EXHIBR B LEGAL DEPARTMENT SUSAN LYNN MIMURA CITY ATTORNEY September 16, 2002 Mr. Will Berg Meridian City Clerk 33 East Idaho Meridian, ID 83642 'tt5 ~ B O I S E C I T Y O F T R E E S H. BRENT COLES MAYOR COUNCIL MEMBERS MIKE WETHERELL VERNON L. BIS7'ERFELDT COUNCIL PRESIDENT PAULA B. FORNEY M. JEROME MAPP JON MASON CouNCIL PRO TEM CAROLYN TERTELING-PAYNE Subject: 1tFP 02-002 -City Prosecutor/Criminal Legal Services for Meridian City Dear Mr. Berg: Thank-you for the opportunity to submit a proposal in response. to Meridian City's RFP for City Prosecutor/Criminal Legal Services. The Boise City Attorney's office is afull-service municipal law firm: As the agency responsible for prosecuting misdemeanors and infractions for the City of Boise, we are highly qualified to .provide these services on behalf of Meridian City as well. Our office mission is "...to be the model public service law_firm and provide high-quality services to our clients and customers in a manner. that is ethical, timely, and responsive." Summary of Firm Experience The Boise City Attorney's office currently has 22 attorney. positions,121ega1 secretary positions, and 7 other support positions. Our prosecutors and staff currently cover six separate criminal Magistrate judges' calendars - in the same Fourth Judicial District as Meridian. Included as an appendix to our proposal is a summary of the experience of our prosecutors, paralegals, and legal secretaries. We have almost 200 years of combined attorney experience. We believe our experience and expertise would be able to suit your needs at a competitive cost. Interest in the Project The Boise City Attorney's office strives for process improvements and opportunities for growth. Boise City also values the ability to work cooperatively with its surrounding municipalities. Both Boise's Police and Legal Departments have cross-deputization relationships with Meridian. We have provided backup to Meridian for years. We are prepared to offer our high-quality prosecutorial and' criminal legal services to Meridian and have the resources to respond to your community's needs. . CITY HALL • 150 N. CAPITOL BOULEVARD • P.O. BOX 500.• BOISE, IDAHO 83701-0500 • 208/384-3870 FAX 208/384-4454 • An Equa! Opportunity Bmployer www.Cltyofbolse:org ..~ PNntN o• r«YCka WPn ~ . Other Information The Boise City Attorney's office is unique in the way that it provides legal services to its customers and clients. While most traditional municipal firms have staff who perform either solely criminal or civil legal work, our office is divided into cross-functional teams that perform both. Six to seven attorneys and three to four legal secretaries are assigned to a team. Working together, each team not only covers two criminal court calendars, but also provides legal services to several internal City customers, such as Planning and Development Services, Public Works, and Police. We believe this diversity in assignments allows us to retain the best-qualified staff for longer periods of time and keep them actively involved, challenged, and satisfied in their assignments. I am excited at the prospect of sharing my staff s talents with Meridian. I want to affirm our commitment to providing excellent customer service and experienroceses, and n w software Unlike many other bidders, we will not need to create protocols, p because these are already in place. Please accept this letter as our interest in this project and this. Request for Proposal as an outline of our ability to respond and perform. Sincerely, Lynn Mimura Boise City Attorney SNIIJdq F r SIGNATURE PAGE Boise City Attorney's Office Proposer Firm 150 North Capitol, Boise ID 83701-0500 Proposer Address 208/3843870 & 208/3844454 Proposer Telephone & Fax Numbers 000022175 Federal Tax ID Number Susan Lynn ivumura Proposer Name Boise City Attorney Proposer Title SECTION II Available Staff and Equipment Available Staff The Boise City Attorney's office proposes to incorporate Meridian City's criminal prosecution cases into its existing cross-functional team structure. Currently, there are three attorney/legal secretary teams that perform criminal prosecution work to cover six criminal court calendars: • Litigation/Screening Team -The Litigation/Screening team is under the leadership of Roger Cockerille, a seasoned attorney with over ten years of experience. The team is responsible for covering the criminal court calendars for both Judge Morden and Judge Watkins. Currently, the team has seven attorneys, three legal secretaries, and one police officer/investigator. The team provides litigation support for the City by providing assistance to attorneys on other teams who maybe handling litigation matters, by handling litigation assigned in-house, or by overseeing the contracts for litigation handled by outside legal counsel. -Its primary customer is the City's Risk Manager, and it provides civil legal advice and guidance for labor relations, union grievances for both • Police and Fire, workers' compensation, and collections. This team is also different in 7 that it performs the screening function for all incoming tickets and citations to determine whether to file criminal chazges. _ • Parks/Plannina & Development Team -William L. M. Nary heads this team with his 17 years of municipal experience. He manages six full-time attorneys and four legal '~ secretazies and also oversees apart-time contract attorney. The team. handles the criminal court calendars for Judges Minder and Swain. Its primary customers aze the Planning & ~ ~ Development Services Department, the Parks Department, the Library, and the Ombudsman. • Public Safety=rprise Team -With five years of experience in both private and public sector law, Elisa Massoth oversees this team. The team covers the criminal court ~~ calendars for Judge Bieter and Judge Schmidt. Currently, the team has six attorneys and ,. ~ three legal secretaries; however, the office would fill both an attorney and a legal secretary position upon awazd of the Meridian City contract. The team's primary customers include the Aviation and Transportation, Public Works, Police, and Fire j Departments. This team also is in chazge of helping to create the new Fourth Judicial District Family Violence Court and integrating that additional court calendaz and method of handling cases into our office. On each of these teams, the attorneys and support staff perform both civil and criminal duties. In addition to the above-mentioned staff; the Boise City Attorney's office also has an . Administrative Support team that~provides support to the office as a whole. Included in that team's responsibilities aze the file management, reception, legal reseazch, and other administrative duties. A summary of the experience of our staff is attached as an appendix to this proposal packet. 4~ The Boise City Attorney's office proposes to offer civil legal advice and guidance to the Meridian Police Chief and Meridian Police Department (MPD) by assigning the Public Safety/Liaison team. In addition to having a dedicated Police liaison attorney who we propose will be onsite at Meridian's Police Department Building for two days each week, the team will provide the Chief with 24-hour on-call support seven days a week as well as specialized training upon request. Available Equipment The Boise City Attorney's office is a fully automated office. Each staff member has a personal computer on their desk, and all PCs are upgraded and replaced on a three-year cycle. The computers are linked to the Citywide network, which uses GroupWise 5 for its calendaring and messaging. This system also permits entities and individuals outside the City to communicate with our staff by a-mail. While most staff currently use the Corel WordPerfect Suite for their word processing, spreadsheet, and presentation needs, the intent is to have all staff using Microsoft Office within the next two years. Our staff utilize PowerPoint presentations for courtroom exhibits and presentations. The office also has an automated file management system which barcodes and tracks files, as well as an automated victun/witness case management system that prints out victim and witness notifications automatically. We also contract with Ada County to utilize the AS400, which currently provides calendaring and activity for the Fourth Judicial Court. The office has contracted for electronic research with Westlaw that includes all Idaho databases : (case law, legislative documents, administrative rules, attorney general opinions, etc.), as well as 3 all other state appellate cases. In addition, we have access to the Ninth Circuit Court of Appeals, i all Idaho federal cases, the United States Supreme Court cases, and United States statutes. We also have many other electronic support systems, including facsimile machines, printers, and copiers. 5 SECTION III Ability to Provide Reponsive Services The Boise City Attorney's office prides itself for its current prosecutorial efforts on behalf of the City of Boise. We are prepared to provide the same high-quality prosecution services on Meridian City's behalf as well. We currently have across-deputization relationship with Meridian and already provide backup and support for legal services, including prosecution of conflict cases. We aze familiaz with and understand the Ada County Magistrate Court's systems, timeframes, court clerks, and judges. Integrating Meridian City's workload into our current practice would be transparent to defendants, attorneys, judges, and the public. - We provide legal services in a unique and distinctive manner -through cross-functional teams. Everyone on the team practices both civil and criminal work, to some degree. We believe this diversity in work assignments has lead to greater job satisfaction and improved the quality of work produced by our staff. Our office structure and management culture allow for greater participation, self-direction, and input. In addition, the concept of teaming has individual performers looking at the bigger picture and seeing how their individual actions may affect more than just themselves. Where one or two attorneys in a small practice may spread themselves too thin trying to cover.multiple functions and courtrooms, our teams allow us to better manage and balance our resources. The cross-functionality ensures that every team member has exposure to knowledge and skills in relevant subjects such as public records, liability, employment law, federal employment requirements, and contracts. The teaming establishes norms and consistency'in practice among staff so that any one attorney can look at a file initially prepped by another attorney and feel comfortable walking into court to handle the case. Again, this increases our ability to be responsive. and timely. We also have a distinct advantage over other firms because we have access to the Ada County's AS400 criminal justice system. This system schedules and tracks the Court's activities by s defendant and case. This access permits us to run reports to ensure that we have the most up-to- date information on the cases we handle. Rather than.relying only upon the trial settings, which arrive by mail, our staff have the ability to immediately look up a defendant or a case and ~' determine whether something has changed at their individual desktops. and at a worksite in the Ada County Courthouse. __ Y 6 SECTION IV Cost for Services n ~, As an existing governmental law firm, the Boise City Attorney's office has the ability to offer to Meridian a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primary Leal Services Primary prosecutorial legal services would include: • Prosecutorial intake screening and review of all police-generated reports and citations • .Timely filing decision and notification back to police and customer; • Prosecution of infractions 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. new caseload in Family Violence Court: Primary civil legal advice and guidance to the Meridian Police Chief and MPD would include: • Access to members of the Public Safety/Enterprisetxcm for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under a protocol to be developed with the Meridian Police Chief; • 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 aad approval of the MPD's public records requests; • Superior legal training for Block Training, Advanced Academy, on search and seizure, public record requests, and civil liability, • , 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. Basic Victim/Witness services would include; • Timely contact with victims (either by telephone or_ automated letter notice) by a victim/witness coordinator to advise of victim rights on all required 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. - 152 04 ~Vionthl Installment $12,670 a~ Annual Cost $~~~ Y . ~. r Optional Services Boise City also is offering two optional services to Meridian: • On-call victim/witness services (24/7) and follow-up for all violent crimes including sexual assault, rape, and domestic violence-related cases (both felony and misdemeanor) as described before. $50/hour + mileage to and from the crime scene, victims' locations, or court • Juvenile Accountability Services for all juveniles with first-time tobacco and alcohol tickets, including two afternoons each week onsite for assessments, initial and exit interviews, scheduling of education classes and community service, and formal complaints for the tickets of those who do not qualify, who fail to complete the program, or who re-offend within 12 months of the fast offense. In order to implement this portion, Meridian City only would need to sign over its $11,708 JA~BG dollars to Boise Cit} ,Boise City would cover the required match of $1,301. FFY01 JAIBG dollars - $11,708* *Federal dollars assigned from Meridian City to Boise City 8 ,' SECTION V Description of Prior Experience Prior Experience The Boise City Attorney's office offers tremendous experience in the prosecutorial practice of law. The overall legal experience of our attorneys ranges from a minimum of 1 year to a maximum of 27 years. Every attorney and every legal secretary in our office has performed both civil and criminal work. While our criminal practice primarily prosecutes misdemeanors and infractions, we have 12 attorneys who have prosecuted felony cases. In addition, we currently have Memorandums. of Agreement with the surrounding agencies to permit our attorneys to prosecute on behalf of Meridian, Gazden City, and Ada County. Therefore, our staff has continuously provided backup support in prosecuting cases on behalf of Meridian. Preferred Method of Relatinu to an.Institutional Client Since we already provide support to an "institutional client" (i.e., the State of Idaho in prosecution cases or the Boise City Council and Mayor in civil matters), we are familiaz with the particulaz requirements for a governmental client. For those Meridian citations and reports where prosecution is declined, the Boise City Attorney's office will issue written notices to the defendants, victims, and the investigating officer as. appropriate. We aze prepared to submit a quarterly written report summarizing those statistics as well as to identify training needs and offer written feedback to the:Meridian Police Chief on those needs identified during the screening process (i.e., appropriate report writing, appropriate investigation, etc.). While most criminal cases are routine, there maybe particular criminal matters that aze considered "high profile" because they may be of a sensitive nature and/or have media interest. There will be times when Meridian's Mayor and City Council and/or its Police Ctuef need to be kept informed about the status and resolution of these types~of issues. This office is committed to reporting on these types of cases in a manner that best suits the needs of Meridian City, including as-needed telephone calls, monthly or quarterly written reports, and/or Council presentations. On more routine criminal cases, the Boise City Attorney's office is willing to track and report the number of Meridian City criminal cases that it handles o~ a monthly basis. As for other legal advice and guidance to the Meridian Police Chief, the Meridian Mayor, and the Meridian City Council with regard to criminal prosecution matters, the Boise City Attorney's office will report on a monthly basis the number of hours dedicated to these administrative matters and provide a quarterly report summarizing the number and status of outstanding and closed Legal Information Requests. 9 Type and Manner of Case Referral Upon execution of the contract, the Boise City Attorney's office would begin providing prosecutorial services as well as civil/administrative to Meridian City: Screening -Boise City has contacted the Ada County Records Manager and can finalize arrangements to have them deliver all non-arrest, not-cited reports and all citations to the Boise City Attorney's office along with Boise City's documents. These would be forwarded to the Screening team, where the support staff person would order all the necessary reports and documents to present a packet to the screening attorney. If needed, the screening attorney would assign the matter to the screening investigator for further investigation. Once the packet is complete, the screening attorney would make a decision and notify Meridian and the involved parties on whether the case will be filed. Prosecution of Infraction and Misdemeanor Cases -Boise City has contacted the Ada County Clerks and can finalize arrangements so that as soon as the Clerk of the Court assigns a case number for a Meridian matter and begins setting dates, the court clerks would route all Meridiaa cases directly to Boise City. The Meridian cases would be assigned to the various teams by judge. • Prosecution on Behalf of Other Prosecuting Agencies -Upon receipt of a written conflict letter from another agency on a Meridian City case, the Boise City Attorney's office would take the necessary steps to transfer the case appropriately. • Advice to Meridian Police Chief -The civiUadministrative support for Meridian Police Chief would be assigned to the Public Safety/Enterprisetenm, and a primary Police liaison attorney would be identified with the Chief s input and approval. The team leader and primary liaison attorney would work directly with the Police Chief to identify the best method of referring specific issues and matters. The team would provide 24-hour, 7-day coverage to the Police Chief utilizing cell phones and pagers, and the assigned Police liaison would provide two full days per week of onsite legal advice at the Meridian police facility. ~ . •~ Advice and Training to Meridian Police Department -Upon receipt of a written Legal Information Request from the Meridian Police Chief, the Public Safety/Enterprise team leader would provide a written confirmation assigning an attorney and describing the scope of the request, and the anticipated due date. • In-Court Representation -The Boise City Attorney's office would cover Meridian's criminal case matters to the same standards as Boise's. • Any and All Other Duties -Upon receipt of a written Legal Information Request from the Mayor and/or Meridian~City Council, the Boise City Attorney would provide a written confirmation assigning the appropriate attorney, confirming the scope of the request, and proposing a due date. 10 Preferred Method of Development of Case Strate~y For most routine criminal cases, the paperwork initially comes to the legal secretary, where it is organized and made into a case file. The legal secretary also orders any additional items (i. e., videotapes, audiotapes, reports, etc.) and then prepares discovery response on behalf of the handling attorney. The handling attorney then generally reviews the file, performs an initial factual review, requests any additional information, and calculates a proposed offer. On more complex matters, the handling attorney may seek the advice and guidance of a mentoring attorney or a team leader. Historical Client Cost Information The City of Boise generates and prosecutes the majority of the criminal misdemeanors and infractions for the Fourth Judicial Magistrate Court. Over the past four years, our office has provided the following hours in criminal prosecution: FY-98 FY-99 FY-00 FY-01 15,053 18,656 20,874 22,224 The office has devoted another 15,902 hours to criminal prosecution efforts through June 2002. Our office also has provided the following hours dedicated to providing civil legal advice and guidance to the Boise Police Department: FY-98 FY-99 FY-00 FY-01 819 1,899 1,601 1,261 The office has spent another 1,659 hours through June 2002 for providing Police legal services. In addition, the Boise City Atkorney's Office overall Department expenses over the last four years have been: Expenses FY 98 FY 99 FY-00 FY-01 Personal Services 1,908,561 2,151,418 2,360,184 ~ 2,873,624 M&O 409,080 453,365 569,859 1,108,760 Equipment 42,258 35,788 45,346 53,307 Total 2,359,899 2,640,571 2,975,389 4,035,691 11 SECTION VI Description of Service to the City As described in this proposal, the Boise City Attorney's office is dedicated to providing high- quality legal services in a manner that is ethical, timely, and responsive. Our cross-functional approach to law practice is unique and provides intellectual challenge, personal growth, and better customer service for both the clients and the customers of the office. Our organizational structure permits us to cover all six of the Magistrate court calendars plus the new Family Violence Court. We will provide individual, one-on-one customer service to your Meridian Police Department. We pride ourselves on our work product and our legal services. Our commitment is to continuous improvement, and so we constantly work on our quality assurance and process improvement efforts. We work closely with our customers. to ensure they understand the pros and cons of any particulaz action to ensure that we avoid unnecessary activities. We also embrace creativity and, ingenuity by rewazding it in the workplace on both an individual and a team level. We strive to be professional and ethical in all that we do, and we have high standazds to which we aze committed. As a governmental law firm, we understand the concept of being cost- conscious and recognize that we remain public servants who act for the best interests of the City as embodied in our Mayor and City Council. We consider that our services. must have value for our customers, our community, and the taxpayers. We would continue that effort on behalf of your City as well. We are particulazly sensitive to concerns about conflicts of interest, and our staff are routinely trained on ethics and on identifying parties with interests, which are adverse to the City of Boise. Our process can easily be broadened to include. recognition of those issues that aze adverse to Meridian City. In any situation where there may be a conflict between the interests. of the two cities, we are prepared to utilize one of our existing outside legal counsel contracts to provide. specific counsel for Meridian City. 12 SECTION VII Other Information Boise City already is actively working with the Fourth Judicial Court as it develops its new Family Violence court. This will be a courtroom dedicated to addressing families with violence in the home that have both pending criminal and civil cases. While representatives from Meridian have not been able to join the discussions so far during the development, Boise City is willing and able to represent Meridian's interests in this new approach as well as staff the new courtroom that will be required. Boise City also prides itself on its efforts to develop and track good statistical data that helps determine whether it is providing the services in the best way possible. We periodically review our closed cases for both Driving Under the Influence (DUI) and Domestic Violence-related (DV) charges and develop statistics to evaluate our success in prosecuting these types of cases. We are proud to note that our conviction rate for DUIs is over 87% and we dismiss fewer than 2% of the cases. On DV cases, we have an overall conviction rate of 77%, with fewer than 23% of. the cases dismissed. We believe this type of statistical information is not only indicative of the quality service we will provide to your City, but also is vital information that your City can use in managing this contract. Boise City offers basic victim/witness services as part of its package. Our victim/witness coordinators serve as a liaison between the victims/witnesses of crimes and the prosecutors. They help victims to understand their rights and assist them through the court process. They also provide victims with short-term crisis intervention, long-term community resources, and vital .community information to assist them with their assessed and implied needs. This service has proven invaluable for Boise City, and we expect that it would provide the same benefit to Meridian City as well. As an add-on service, Boise City is prepare to offer on-call victim/witness services for both misdemeanor and felony domestic violence cases as well as for sexual assault, rape, and other violent crimes... After piloting an on-call program for misdemeanor domestic violence cases, Boise determined that providing an onsite person who could immediately assist victims with . crisis intervention and assist officers in their initial investigation was a valuable service. Boise had already determined that on-call victim/witaess services for felony cases were invaluable in assisting police to investigate violent and~traumatic crimes. As another add-on to its overall prosecutorial services, Boise City is prepared to provide juvenile accountability diversion services as well. The Juvenile Accountability Program is a federal grant-funded program to divert juveniles out of the overburdened criminal justice system. ~It affers a unique opportunity for juveniles with first-time tobacco and alcohol violations to dispose of their citations without going to court. Instead, juveniles and their parents are assessed and referred to community resources and education classes..While a number of the tickets are referred to Ada County's Youth Court program (a peer-based diversion process), the remaining ones are handled in-house. The JA coordinator works with the juvenile and their parents to ensure that both are equally accountable, requiring them all to sign a contract. agreeing not to use tobacco, alcohol, or illegal substances throughout the diversion process. The juvenile admits their guilt, and the ticket is held rather than filed witli~the court. As part of the diversion, the .. 13 r r juvenile is required to attend substance abuse education classes, perform community service within the City to give back to the community, and provide a written essay about the experience. If there is a need, the juvenile and his parents are referred to other community resources, such as counseling. If a juvenile fails to complete all the requirements of the diversion or re-offends within one year, then the citation is filed with the Court. According to the Association of Idaho Cities (AIC), Meridian City had submitted an Intent to. Use form; however, your City had not submitted the necessary follow-up paperwork to accept the grant by the necessary deadline. Our conversations with AIC indicate that despite the delay, if Meridian immediately signs a waiver to "pass through" their assigned JAIBG funds to Boise City, we can begin handling cases on your behalf as proposed here. Both of these options are ongoing services that our office already provides to its current customers and can easily incorporate into the services that Meridian could use. 14 APPENDIX A Staff Qualifications Public Safety/Liaison Team Elisa G. Massoth, Assistant City Attorney/Team Leader J.D., University of Idaho College of Law, May 1997 Assistant City Attorney/Team Leader, Boise City Attorney's Office, Apri12001-Present Attorney, Moffatt Thomas, May 2000-Apri12001 Assistant City Attorney, Boise City Attorney's Office, April 1998-May 2000 District Court Law Clerk, Honorable Judge Horton, August 1997-April 1998 Judicial Advisor, U of I Student Advisory Services, August 1996-May 1997 Legal Intern, Oregon Coalition Against Domestic & Sexual Violence, June 1995-July 1995 Paul J. Fitzer, Assistant City Attorney J.D., Southern Methodist University School ofLaw, May 1997- Assistant City Attorney, Boise City Attorney's Office, Apri11998-Present Legal Intern, Ada County Prosecuting Attorney's Office, May 1997-January 1998 Legal Extern, U.S. Environmental Protection Agency, Summer/Fa111996 Legal Extern, U.S. District Court -Northern District of Texas;. Summer 1995 Janet Kennett, Legal Secretary Legal Secretary, Boise City Attorney's Office, July 2001-Present Jill B. Musser, Assistant City Attorney/BPD Legal Advisor J.D., Washington University School of Law,1990 Assistant City Attorney, Boise City Attorney's Office, February 1996-Present Deputy Prosecuting Attorney, Ada County Prosecutor's Office, August 1990-November 1994 Volunteer Intern, King Couaty Prosecuting Attorney's Office, Summer 1989 Urban Law program, Washington University School of Law, Spring 1990 Marlene Nothling, Legal Secretary Legal Secretary, Boise City Attorney's Office, 2001-Present Senior Customer Specialist, PeopleFirst.Com, 2001 Paralegal, Collection House (Australia), 1996-2000 Paralegal, Jones King Lawyers (Australia), 1993-1996 Douglas K. Strickling, Assistant City Attorney J.D., University of Idaho, 1984 Assistant City Attorney, Boise City Attorney's Office, 1984-Present 15 { Alison Stieglitz Tate, Assistant City Attorney J.D., University of Idaho, 1995 Assistant City Attorney, Boise City Attorney's Office, February 2002-Present Prosecuting Attorney, Garden City, October 2000-February 2002 Deputy Attorney General, State of Idaho, October 1998-October 2000 Associate, Gordon Law Offices, October 1997-October 1998 Deputy Public Defender, Ada County Public Defender's Office, June 1996-October 1997 Law Clerk, Honorable Thomas F. Neville, June 1995-June 1996 Michelle Eisenbeiss-Taylor, Legal. Secretary Legal Secretary, Boise City Attorney's Office, 1993-Present Secretary/Receptionist, Hoff Forest Products, 1989-1993 Matt Wilde, Assistant City Attorney Assistant City Attorney, Boise City Attorney's Office, August 1996-Present Parks/Planning_& Development Team William L. ~M. Nary, Assistant City Attorney/Team Leader J.D., University of Idaho, 1985 Assistant City Attorney, Boise City Attorney's Office, 1989-Present Partner, Ambrose Fitzgerald & Crookston, 1985-1989- Prosecutor, Meridian City, 1985-1989 Ted Baird, Assistant City Attorney J.D./MBA., Willamette University, 1988 Assistant City Attorney, Boise City Attorney's Office, March 2000-Present Associate Attorney, Ramis & Crew Law Firm, September 1994Ju1y 1996 Assistant City Attorney, City of Beaverton, January 1993-September 1994 Assistant City Attorney, Boise City Attorney's Office, February 1991-January 1993 Associate Attorney,. Yturri Rose Law Firm, July 1988-July 1990 Emily Kane, Assistant City Attorney J.D. & Environmental & Natural Resource Law Certificate, Northwestern School of Law of Lewis & Clark College, 2000 Assistant City Attorney, Boise City Attorney's Office, September 2001-Present Judicial Clerk, The Honorable Daniel Meehl, June 2000-September 2001 Legal Intern, Department of Interior-Indian Law Section, May 1999-August 1999 Legal Intern, Lewis & Ciark Legal Clinic, August 1999-December 1999 Law Clerk, Schroeder Law Offices, May 1998-April .1999 16 R. Stephen Rutherford, Assistant City Attorney J.D., University of Idaho College of Law, 1996 Assistant City Attorney, Boise City Attorney's Office, November 1999-Present Meridian Prosecuting Attorney, White, Peterson, Pruss, Morrow & Gigray, August 1998- November 1999 Public Defender, Ada County Public Defender's Office, September 1996-August 1998 Teresa Sobotka, Assistant City Attorney J.D., University of Idaho, 1987 Assistant City Attorney, Boise City Attorney's Office, 1993-Present Prosecutor, Garden City, 1992-1993 Special Prosecutor, Ada/Elmore/Payette/Idaho/Canyon/Gem/Washington/Adams/Valley Counties, 1989-1992 Deputy Attorney General, State of Idaho Attorney General's Office (H&W), 1987-1991 Mary Watson Tyree, Assistant City Attorney Assistant City Attorney, Boise City Attorney's Office, 2001-Present James F. Wickham, Assistant City Attorney J.D., University of California, Hastings College of Law, 1974 Assistant City Attorney, Boise City Attorney's Office, October 1988-Present Associate, Hams & Sutton, .March 1987~eptember 1988 Deputy Attorney General, State of Idaho Attorney General's Office (H&W), November 1980-February 1987 Attorney, Private General Practice, February 1979-October 1980 Assistant Attorney General, State of Idaho Attorney General's Office (H&W), September 1975-January 1979 Law Clerk, Rhodes & Sherrod, June 1973-May 1974 Liti~ation/Screening,Team_ Roger E. Cockerille, Assistant City Attomey/Team Leader J.D., University of Wyoming College of Law, 1992 Assistant City Attorney, Boise City Attorney's Office, 1997-Present Associate, Lathrop & Rutledge, 1993-1996 Law Clerk, U.S. District Court -Wyoming, 1992-1993 Student Director, Prosecution Assistance Clinic, 1991-1992 17 i. r Rondee Blessing, Assistant City Attorney J.D., University of Idaho College of Law, May 1998 Assistant City Attorney, Boise City Attorney's Office, January 2000-Present Law Clerk, The Honorable Daniel T. Eismann, August 1998-December 1999 Student Prosecutor, University of Idaho Student Advisory Services, August 1997-May 1998 Law Clerk, Manweiler, Bevis & Cameron, May 1997-August 1997 Kevin Borger, Assistant City Attorney J.D., Washburn University of Topeka, 1986 Assistant City Attorney, Boise City Attorney's Office, 1991-Present Attorney, Solo Practitioner, 1988-1991 Associate Attorney, Meuleman & Miller, 1986-1988 James Scott Dowdy, Assistant City Attorney J.D., University of South Dakota, School of Law, 1999 Assistant City Attorney, Boise City Attorney's Office, July 2000-Present Judicial Law Clerk, The Honorable Nathan Higer, August 1999-July 2000 Legal Intern, Moscow City Attorney, January 1999-Apri11999 Extern, Office of the U.S. Attorney General -Idaho, May 1998-July 1998 Randall S. Grove, Assistant City Attorney 7.D., University of Washington School of Law, 1991 Assistant City Attorney, Boise City Attorney's Office, 1997-Present Deputy Prosecuting Attorney, Canyon County Prosecuting Attorney's Office, 1994-1997 Deputy Prosecuting Attorney, Ada County Prosecutor's Office, 1991-1994 Legal Intern, U.S. Attorney-Washington, 1990 Scott B. Muir,. Assistant City Attorney J.D., University of Idaho, College of Law, 1990 Assistant City Attorney, Boise City Attorney's Office, January 2001-Present Deputy Attorney. General, State of Idaho Attorney General's Office (Finance), September 1997-January 2001 Deputy Attorney General, State of Idaho Attorney General's Office (Insurance), January 1996-September 1997 Attorney, Quane, Smith, Howard & Hull, June 1990-January 1996 J. Paige Wilkins, Assistant City Attorney J.D., University of Idaho; College of Law, 2000 Assistant City Attorney, Boise City Attorney's Off ce, October 2000-Present Appellate Clinic Intern, University of Idaho Legal Aid Clinic, 1999-2000 Extern; .The Honorable Jim D. Pappas, Summer 1999 18 . . L ~; •. Administrative Team Michelle Albertson, Paralegal Legal Assistant Certification, 2001 Paralegal, Boise City Attorney's Office, May 2002-Present Legal Secretary, Boise City Attorney's Office, December 1997-May 2002 Senior Secretary/Accounting Specialist, Boise Fire Department, August 1991-December -1997 Secretary IUCourt Clerk I, Chandler City Court, April 1986-June 1991 Legal Secretary, Whipple & Byington Law Office, June 1982-March 1986 Debbie G. Allen, Paralegal ADPS, The Pazalegal Institute, 1998 Paralegal, Boise City Attorney's Office, December 1999-Present Paralegal, Department of Environmental Quality, March 1998-December 1999 Administrative Legal Assistant, Department of Health & Human Services, October 1997- Mazch 1998 Human Resources Associate, Montana State Fund, Mazch 1997-October .1997 Paralegal, Wewer Law Firm, September 1996-Mazch 1997 Administrative Assistant/Pazalegal, Federal Defenders of Montana, September 1993- September 1996 - Administrative Assistant II, Montana Depaztment of Revenue, April 1990-September.1993 Office Manager/L,egal Secretary, O'Brien Law Office; May 1985-April 1990 Legal SecretazyBookkeeper, .McClain & Dowdall, November 1984-May 1985 Legal SecretaryBookkeeper, Morales, Volinkaty & Harr, March 1979-November 1984 Legal Secretazy, Tipp, Hoven & Skjelset, February 1978-February 1979 19 ~. r. E APPENDIX B Memorandum re~ardin~ JAIBG Funds for Meridian 20~ September 13, 2002 T~~: Matthew 1-Iayacs, 7uveczilc AccountaUility Coordinator, City of Boise City of Nteridiatt From: Justin Qliver Rucn, Association of Idaho Cities 1;e: 2001 Juve~tilc Accountability incentive Blocl: Grant '1'hc purpose of this memo is to summarize wnversations I have had with Allan Miller of the l'3epartnient of Jilvenile Corrections (1~JC) concerning the possiUility ofthe City of Meridian waiving their 20017Ai13G funds to the City of Boise for a juvenile accoun[ability program. Miller said that such a waiver could still be accomplished for the 2001 Brant, and that DJC would encourabe such an arrangement so that the funds are ulilizrd. Tha City of Meridian will need to complete a waiver form, which must subsequently be accepted by the City of l3oise. If you have aay further questions, do not hesitate to give me a call. RESOLUTION # OZ-3~~ BY THE COUNCIL: BIRD, DE WEERD, MCCANDLESS, NARY A RESOLUTION RATIFYING THE MAYOR AND CITY CLERK'S SIGNATURE AND APPROVING THE AGREEMENT FOR THE APPOINTMENT OF THE CITY OF BOISE TO PERFORM PROSECUTORIAL AND POLICE LEGAL ADVISOR DUTIES FOR THE CITY OF MERIDIAN; DESIGNATING THE CITY OF BOISE CITY ATTORNEY OR HER DESIGNEES TO REPRESENT THE CITY OF MERIDIAN IN ALL CRIMINAL MATTERS BEFORE COURTS OF THE 3RD AND 4T" JUDICIAL DISTRICTS AS PROSECUTING ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS the City of Meridian had publicized a Request for Proposals in September of 2002 for prosecutorial services to be performed; and WHEREAS after submittal and presentation to the Meridian City Council the City Attorney's office for the City of Boise was selected to perform that service for fiscal year ending September 30~, 2003; and WHEREAS pursuant to the Agreement the City Attorney of the City of Boise and her designees are hereby appointed and authorized by Idaho Code §50-204 to act as Prosecuting agency for all criminal matters and Police Legal Advisor for the City of Meridian until September 30, 2003 unless terminated or extended consistent with the terms of the Agreement NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Agreement by and between the City of Boise City and the City of Meridian, a copy of said Agreement 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 have signed said agreement to be in Page 1 of 2 conformance with the starting date of the Agreement of November 1, 2002, we ratify said signatures on behalf of the City of Meridian. 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 Meridian, Idaho, this 6 ~~ day of ~ovr ~. b.e f 2002. ' ~~. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ `~ day of / ~ ~ rig ~"', ~ 2 ~ , 2002. APP O ED: 0 ERT D. CORR -MAYOR `\\\~\~111111tff!/I/~~/ .ATTEST: ``~~.~~y OF ~q~g~~,~'''', ~,~°R'q rF ~, o ~-- .~%~ ~ - BLAL WILLIAM G. BERG, JR. - CI CLERK y `~ :~~ '9 UST iS't , ~ ~ ~'~~ ~ . Page 2 of 2 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Resolution No. OZ - pass d by the City Council of the City of Meridian, on this 6''`~ day of olie`rr. ~i(,, 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. ``~~~~~~~~~~,ur!-,,,,~~ TF '. ~ O 8~~' 1~/ILLIAM G. BERG, JR. '9~ ~~ ~9 P . STATE OF IDAHO, '~~~''~~ii~ i.ii u~ti~~`~~~~``` SS. County of Ada, ) On this ~ day of 1 IAy~-'~l , in the year 2002, before me, the undersigned, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .••••••. _~,rr ~,. e:= ~.r • .~ ~: (SEAL) r ; ~ f . . :~~ j9?°ljgL1G~.0: ••~pg~.• •...... Notary Public of Idaho Commission Expires: p ~(-- 2~'-nS CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN r f RESOLUTION 17303 BY THE COUNCIL: - ~ BISTERFELDT, FORNEY, MAPP, MASON ~~'"`' ~I~RT~LING-PAYNE AND WETHERELL -•, ~ ~_ ,:. A RESOLUTION RATa~~~(IN, ~HE MAYOR' ~ SIGNATURE AND APPROVING THE AGREEMENT FOR Tldff APIV~II~I~N ~ THE CITY OF BOISE LEGAL DEPARTMENT TO F~ERFORM PROSET RIAL AND POLICE LEGAL ADVISOR DUTIES FOR THE CIT1F'-0F MERIDIAI~~` ~ D PROVIDING AN EFFECTIVE DATE. w^ ,v - WHEREAS the Cit~`b ad publicized a Request for Proposals in September of 2002 for prosecutorial services to be performed; and WHEREAS after submittal and presentation to the Meridian City Council the City Attorney's office for the City of Boise was selected to perform that service for fiscal year ending September 30, 2003; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Agreement by and between the City of Boise City and the City of Meridian, a copy of said Agreement 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 has signed said agreement to be in conformance with the starting date of the Agreement of November 1, 2002, we ratify said signature and authorize the Clerk to execute and attest said Agreement 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. R-487-02 ADOPTED by the Council of the City of Boise City, Idaho, this 5th day of November , 2002. APPROVED by the Mayor of the City of Boise City, this 5th day of November 2002. APPROVED: MAYOR ATTEST: CITY CLERK AGREEMENT FOR CITY PROSECUTOR /CRIMINAL LEGAL SERVICES This Agreement for City Prosecutor/Criminal Legal Services (hereinafter referred to as "Agreement") is made this ~~day of vex t , 2002, 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 of the laws of the State of Idaho (hereinafter referred to as "Boise"). RECITALS 0.1 Pursuantto Idaho Code § 50-204 and Meridian City Code §§ 1-8-1 and 1-8C-1, on August 16, 2002 Meridian requested the submission of proposals from qualified firms to provide certain city prosecutor/criminal legal services to Meridian. , A copy of Meridian's Request for Proposals (RFP NO. 02-002) is attached hereto as Exhibit "A° and is incorporated in full herein and is made a part of this Agreement by this reference. 0.2 In responseto Meridian's requestfor proposals, Boise, through the office ofthe Boise City Attorney, submitted a Response dated September 16, 2002, a copy of which is attached hereto as Exhibit "B° and which is incorporated in full herein and is made a part of this Agreement by this reference. 0.3 Among the proposals received in response to Meridian's request for proposals as set forth above, Meridian has deemed the proposal submitted by Boise as the most advantageous to the best interest of Meridian. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound thereby, Meridian and Boise covenant and agree as follows: 1 INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are contractual and binding and are incorporated herein as if set forth in full. 2 DEFINITIONS. In addition to any other definitions set forth in this Agreement, for all purposes of this Agreement the following terms are defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "Fiscal Year" means and refers to Meridian's fiscal year, now beginning October 1 st and ending September 30th of each calendar year, as provided by State law and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for Meridian. 2.2 "MPD" means and refers to the Meridian Police Department. 2.3 "Primary Legal Services" means and refers to all of the following: 2.3.1 Legal services necessary to prosecute alt criminal misdemeanors, infractions, and all violations of the City Code of the City of Meridian involving matters occurring within the corporate limits of the City of Meridian, or pursuant to the Memorandum of Understanding between MPD and the Boise Police Department; or initiated by Meridian, or involving the enforcement of Meridian's ordinances and/or Idaho State Law; AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 2 2.3.2 Prosecutorial intake screening and review of all police-generated reports and citations, the timely filing of decisions thereon, and prompt notification of decisions to MPD and customer; 2.3.3 Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving MPD concerning infractions and misdemeanors; 2.3.4 Coverage of Meridian's caseload in Family Violence Court; 2.3.5 Provide civil legal advice and guidance to the Meridian Police Chief. and MPD; 2.3.6 Provide access to members of the Boise City Attorney's Public Safety/Enterprise team for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under a protocol to be developed with the Meridian Police Chief; 2.3.7 Provide legal services through Boise's dedicated assigned police liaison attorney (as approved by the Meridian Chief of Police) at the MPD facility during normal business hours for not less than sixteen (16) hours per week at such times as determined by the Meridian Police Chief; 2.3.8 Provide prompt written responses to Legal Information Requests approved by the Meridian Police Chief, his designee, or from Meridian's Mayor or City Council; 2.3.9 Routine review and approval of all public records requests received by the MPD (or received by Meridian concerning police matters); AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 3 2.3.10 Provide Meridian with legal training on issues such as search and seizure, public record requests, and civil liability; 2.3.11 Provide further training of MPD personal on other needs (including those identified through the screening process) as requested by the Meridian Police Chief; 2.3.12 Provide MPD with regular legal bulletins, including relevant Idaho, U.S. Supreme Court, and the Ninth Circuit case law and decisions; 2.3.13 Provide victim/witness services in criminal misdemeanors including timely contact with victims (either by telephone or automated letter notice) by a victim/witness coordinator to advise of victim rights on all required 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; and coordination and liaison with prosecutor on the above-mentioned cases; 2.3.14 Provide Meridian with juvenile accountability services for all juveniles with first-time tobacco and alcohol tickets regarding offenses occurring within the corporate limits of the City of Meridian, including staffing at the MPD facility as agreed upon with Meridian's Chief of Police to perform assessments, initial and exit interviews, scheduling of education classes and community service, and formal complaints AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 4 for the tickets of those who do not qualify, who fail to complete the program, or who re-offend within 12 months of the first offense; 2.3.15 For defendants who receive probation (either supervised or unsupervised) as a result of a conviction for a misdemeanor occurring within the corporate limits of the City of Meridian (or defendants who fail to pay fines and restitution), Boise shall monitor such defendants compliance with the terms of probation, and shall take appropriate action (including the initiation and prosecution of probation violation and/or contempt proceedings, requests for issuance of arrest warrants, etc.) in an effort to obtain compliance; and 2.3.16 Provide all other services as set forth in the Response submitted by Boise (Exhibit "B"), excluding Optional Legal Services as defined above. 3 SERVICES PROVI DED BY BOISE. Pursuant to the terms of this Agreement, Boise is hereby appointed by Meridian to perform all Primary Legal Services for Meridian and such other Optional Legal Services as requested by Meridian. 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 twelve thousand six hundred seventy and 00/100ths dollars ($12,670.00) per month. AGREEMENT FOR CITY PROSECUTORICRIMINAL LEGAL SERVICES Page 5 4.1.1 Payment for Primary Legal Services shall be paid by Meridian to Boise or before the 20'h day of the following month. 4.1.2 In addition to the monthly retainer amount, Meridian shall execute a waiver to transfer the JAIBG grant funds (in the approximate amount of $11,708) previously assigned to Meridian to Boise. 4.2 Compensation for victim/witness services performed by Boise at the request of Meridian shall be paid at the rate of $50.00 per hour for services performed by Boise's victim witness coordinators (who shall be available 24 hours a day 7 days a week and who shall also provide follow-up for all violent misdemeanor crimes), plus reimbursementfor mileage to and from the Boise City victim witness coordinator office and all crime scenes and victims' locations which are located outside Boise City limits. 4.3 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. 5 TERM. The term of this Agreement shall commence November 1, 2002 and shall continue until the end of Meridian's current Fiscal year, September 30, 2003, subject to renewal or extension as set forth in this Agreement. 6 REPRESENTATIONS AND WARRANTIES OF BOISE. Boise represents and warrants to Meridian as follows: AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 6 6.1 Authority. Boise has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. 6.2 Performance of Services. Boise agrees to perform all of the services and work set forth in this Agreement in a timely, efficient, and professional manner in accordance with the terms of this Agreement and in compliance with existing laws, ordinances, rules, or regulations of any applicable regulatory authority or governmental body. 6.3 Non-Exclusive Agreement. Boise acknowledges that this Agreement shall not be interpreted to limit Meridian's authorityto retain the services of outside legal counsel to perform any legal services other than Primary Legal Services, whether as a result of Meridian's need for special expertise or otherwise. 7 INSURANCE. Forthe purposes of this Agreement, Boise shall carry the following types of insurance in at least the per occurrence limits specified below: Coverage 8 Limits of Liability Professional liability (errors and omissions) Workman's Compensation Employer's Liability General Liability (bodily injury and/or property damage) Automobile bodily injury and/or property damage liability (combined single limit) Statutory limits $1,000,000.00 $1,000,000.00 $1,000,000.00 INDEMNIFICATION. Boise shall indemnify and hold Meridian, and its officers, agents, and employees, harmless from any and all liability, damage, or expense, including attorney fees, which may be brought, claimed, or pursued against Meridian or its representatives arising out of the intentional act, negligence, or omission of Boise or its employees, agents, or representatives. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 7 9 POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties m a y mutually agree to renew or extend the term of this Agreement; however, any such renewal or extension must be in writing. 10 TERMINATION. This agreement may be terminated upon mutual agreement of the parties. Meridian shall also have the right to remove Boise's appointment as Meridian's attorneys in the manner as set forth in Idaho Code § 50-206 and terminate this Agreement, with orwithout cause, at any time, which termination shall be effective upon service of written notice to Boise in the manner as set forth herein. In the event of a termination, Meridian shall remain responsible to pay Boise for all services provided through the date of termination pursuant to the terms of this Agreement. 11 GENERAL PROVISIONS. 11.1 Attorney's Fees. If any action or proceeding is instituted ~to enforce or construe any provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from any party or parties against whom a judgment is entered, all reasonable attorneys' fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entitled. 11.2 Binding Effect. This Agreement shall be binding upon the heirs, estates, personal representatives, successors, and assigns of the parties. 11.3 Choice of Law. This Agreement will be interpreted in accordance with the laws and statutes of the State of Idaho. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 8 11.4 Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: Notice to Meridian: Robert D. Corrie, Mayor Meridian of Meridian 33 East Idaho Street Meridian, Idaho 83642 AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 9 Notice to Boise: Boise City Attorney City Hall 150 N. Capitol Blvd. P.O. Box 500 Boise, Idaho 83701-0500 11.5 Paragraph Headin4s. The paragraph headings of this Agreement are for clarity in reading and not intended to limit or expand the contents of the respective paragraphs. 11.6 Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a way as to be effective and valid under applicable law. If a provision of this Agreement is prohibited by, or invalid under applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 11.7 Further~Assurances. The parties each for themselves do further covenant to the others to execute any and all other documents necessary to effect the transfers contemplated by this Agreement. 11.8 Time. Time is declared to be of the essence to this Agreement. 11.9 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power, or privilege under this Agreement or the documents referenced in this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 10 11.10 No Assignment by Boise. Boise shall not sell, assign, or transfer all or any portion of its interest in this Agreement at any time. 11.11 Hand-written Provisions. Hand-written provisions inserted in this Agreement, and initialed by the parties in ink, shall control all type-written provisions in conflict therewith. 11.12 Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to its subject matter, and constitutes (along with the other documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. 11.13 Execution and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original agreement, but all of which shall be considered one instrument. 11.14 Amendments. This Agreement may not be amended, modified, altered or changed in any respect whatsoever, except by further agreement in writing duly executed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. MERIDIAN: CITY OF By: ATTEST: ,~~•- G`' `"'-9 ~, ~~ ~?G~~~TF y' O s By: h~ - ~ William G. Berg, Jr., Meridi ~ CI ~o~ ,9~,9 ~` T 1SZ • 1 ~ ,~ AGREEMENT FOR CITY PROSECUTOR/CRIN( L~~1/ICES Page 11 STATE OF IDAHO ) ss. County of Ada ) On this ~ day of D~~o der , 2002, before me, a Notary Public, personally appeared Robert D. Corrie and known or identified to me to be the persons whose names are subscribed~i a iii h9n and foregoing instrument as the Mayor and Imo,,;, ~C~~Clerk, respectively, of the City of Meridian, and who acknowledged to me that they ~~``~~''11°°""~~ executed the same for the City of Meridian. IN WITNESS Ux~I~EQF, I have hereun~Q affixed myoffic~ial seal the day and year first above writte ;~•,.•~~~1CN L.~s~,'•.,~,' * : 1'SOTA :'~ ~. ~.~ ; ~ ~' AvB LIC ~~ ., ' r ~~ ~j o !!- • BOISE: ''••...F.ID...••. No ry ublic for Idaho R idi at rtd ' ~ ,Idaho My mmission Expires: o y z%7 CITY OF BOISE Coles; Mayor ATTEST: By: ItS: City Clerk STATE OF IDAHO ) ss. County of Ada ) On this 5th day of November , 2002, before me, a Notary Public, personally appeared H. Brent Coles and Annette 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. Notary Public for Idaho Residing at Nampa ,Idaho My Commission Expires: 6-14-05 AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 12 EXHIBIT "A" (Attach copy of Meridian's Request for Proposals [RFP NO. 02-002] here) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 13 CITY OF MERIDIAN RFP NO. 02-002 August 16, 2002 The City of Meridian is requesting proposals f City Prosecutor / Criminal Legal Services for the City of Meridian. arms are invited to submit a proposal in the format outlined in the Request for Proposals. A complete package of requirements necessary to comply with this RFP may be obtained from: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. Submit 10 copies of the proposal with the ,project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP No. 02-002; City prosecutor/Criminal, Legal Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 by 4:00 p.m. on the 16th day of September, 2002.. No exceptions. All proposals must be signed. THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGULARITIES IN THE PROPOSALS RECEIVED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CITY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE. EXHIBIT A CITY OF MERIDIAN RFP NO. 02-002 The City of Meridian is requesting proposals for City Prosecutor / Criminal Legal Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the prop eceive must be specifically marked: RFP No. 02-002; City Prosecutor/Criminal Legal Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. The successful firm will be required to provide evidence of Professional Liability Insurance (Errors and Omissions), Worker's Compensation Insurance for all employees, and General Liability Insurance in an amount to be determined. Protest of RFP Requirements, Standards, Specifications, or Process: Any Vendor who wishes to protest the requirements, standards, specification or process outlined in this Request for Proposals may submit a written notification to the City of Meridian, to be received no later than five working days prior to the proposal opening. The notification shall state the exact nature of the protest, describing the location of protested portion or clause in the RFP document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The City may deny the protest, require that the RFP be modified, modify the RFP, and/or reject all or part of the protest. Protest of Contractor Selection or Contract Award: Any actual or prospective proposer who is aggrieved in connection with the selection of a contractor or award of the contract may submit a protest to the City of Meridian. The protest shall be submitted within four (4) working days after such aggrieved person knows or should have known the facts, which give rise to the protest. The protest must set forth in specific terms the alleged reason the_Vendor selection or contract award is erroneous. Page 1 of S City of Meridian RFP No:~02-002 City Prosecutor / Criminal Legal Services Award of Contract: It is anticipated that the City will contract with one person or a firm as needed for fiscal year 2002-03 with the possibility of continuing one (1) year extension(s). We appreciate your interest in this project and realize that the development of a proposal is a costly and time-consuming effort. Please be assured your proposal will be thoroughly reviewed and evaluated. It is anticipated that the contract will be awarded effective November 1, 2002. RFP NO. 02-002 CITY PROSECUTOR/CRIMINAL LEGAL SERVICES FOR THE CITY OF MERIDIAN PROPOSAL SUHi~IITTAL REQUIREMENTS SCOPE OF WORK: The City of Meridian is soliciting proposals to provide Legal Services for Criminal Prosecution. The specific proposal submittal requirements are defined below. The anticipated services will relate primarily to: General Legal Municipal Law including but not limited to the following areas of expertise: General Criminal Prosecution including but not limited to the following services: - Prosecution of all infraction and misdemeanor offenses generated by the Meridian Police Department; - Advise Police Chief on all police related issues to include, but not limited to search and seizure, U.S.C. Section 1983, Idaho Public Records law, arrest and other similar issues to be decided by the Chief of Police; - Assist other prosecuting agencies, as needed pursuant to any existing agreements for prosecution services; - Provide on-site service for legal advice in a method and manner to be determined with the Chief of Police; - In-Court representation of the City of Meridian on all criminal 'matters; - Any and all other duties as assigned by the Mayor and/or City Council. . ~• Page 2 of 5 .~ .City'of Meridian . •RFP No. 02-002 City Prosecutor / Criminal Legal Services I SUBMITTAL PROCEDURE A. Date & Location: Written proposal submittals are due on the 16th day of September, 2002 at 4:00 p.m. local time at the office of the City Clerk. The envelope in which the proposal is received must be specifically marked: RFP No. 02-002; City Prosecutor/Criminal Legal Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 B. Please submit Ten (10) copies of the proposal in a sealed package and identified as follows: "SEALED PROPOSAL'. "RFP No. 02-002; City Prosecutor/Criminal Legal Services for the City of Meridian" II PROPOSAL FOFi1~T Written proposals must be clear, concise and formatted as outlined below to allow for consistent and fair evaluation of each submittal. SECTION ~ Cover Letter/Signature Page - The cover letter should contain an introduction of you/your firm, a stuamnary of its capabilities to perform the services requested, and a stm¢aary of your firm's experience~in this type of work. It also is suggested that you outline your interest in this project(s) and ability to respond and perform. The cover letter should be signed by a principal of the firm. The signature page shall be completed and returned with your proposal. SECTION II Available Staff and Equipment - This section outlines the experience and expertise your key individuals have relating to the type of projects anticipated. Please designate the individuals that will be assigned, or anticipated to be assigned, to perform the various tasks and duties outlined. A summary of the number of staff people available to support these key individuals also should be provided. Also, ~a summary of equipment capabilities such as word processing, FAX machines, and ability to communicate with the City via E-Mail should be provided. Page 3 of 5 City 'of lseridian RFP No. 02-002 City Prosecutor / Criminal Legal Services SECTION III Ability to Provide Responsive Services - The services anticipated by this proposal will, for the most part, be requested on short notice with tight time frames. Please outline your firm's approach and commitment for providing the necessary services in a timely fashion. SECTION IV Cost for Services - Please provide a description of the proposed billing methodology which may be a listing of the personnel (type) to be utilized and the billable rate for each category of staff, a blended rate, retainer, or some other method. SECTION V Description of Prior Experience - Each proposer is requested, without disclosing client sensitive information, to submit a description of prior work done in the area of law for which the proposal is submitted including a description of the preferred method of relating to an institutional client, type and manner of case referral, preferred method of development of case strategy, and historical client cost information. SECTION VI Description of Service to the City - Each,. proposer is requested to describe its methods of determining that matters handled will be timely, professional, and in accordance with City personnel's expectations, that unnecessary activities will be avoided, that ingenuity and resourcefulness by assigned staff encouraged, and how representing parties with interests adverse to the City avoid will be avoided during the contract term. SECTION VII Other (Optional) - This section is provided to allow for any other information, including alternate retainer agreement language you believe is important to be noted as a part of the selection process. This may include alternatives to the services and methods of delivery proposed by this RFP. Alternatives methods of delivery of services must be very detailed and specific to be acceptable. APPENDIX (OPTIONAL) A. Resumes B. Brochures ~. Letters of Recommendation D. Other ~ .~ ' Page 4~ of 5 City. of Meridia~ri RFP No. 02-002 City Prosecutor / Criminal Legal Services III EVALUATION PROCESS City staff will review and evaluate the responses received against the evaluation criteria listed below. Based on the evaluation of the written proposal by staff, the Contract will be awarded by the City Council. The City Council has final approval and award authority regardless of staff recommendations. A. Evaluation Criteria: The evaluation will be based on the responses received. The City reserves the right to reject any and all responses received if it determines that action to be in its best interest. The following criteria will be considered in evaluating the responses received: 1. Qualifications and Experience of the Firm: This will be evaluated based on the breadth and depth of the firm's recent and relevant experience in the provision of comparable legal services. 2. Qualifications and Experience of the Individuals Who Will Perform the Work: This will be based on the resumes and recent relevant experience~of the attorneys who will be working with the City, especially those senior attorneys responsible for directing the services and advice provided to the City. 3. Demonstrated Understanding of the City's Needs: This will give credit to demonstrated insight; suggested approaches, priorities, or areas of emphasis; .and innovative, constructive thinking. 4. Cost: .The City is keenly interested in overall cost control and will evaluate carefully the hypothetical cost estimates provided in response to Section IV. Page 5 of 5 City of Meridian RFP No. 02-002 City Prosecutor / Ciiminal Legal Services EXHIBIT "B" (Attach copy of Boise's Response dated September 16, 2002) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 14 i CITY QF 'T&:E~E,S~ O~~~Cre ~~'I'~it' RESPONSE . ~~CF,~T~1~.. SEP 1 G 200?. City of Meridian City Clerk nffiec. RFP No. 02-002 City Prosecutor/Crimfnal Legal Services for The City of Meridian EXHIBIT B -~3. LEGAL DEPARTMENT SUSAN LYNN MIMURA CITY ATTORNEY September 16, 2002 Mr. Will Berg Meridian City Clerk 33 East Idaho Meridian, ID 83642 't11 B O I S E C I T Y O F TREE 5 H. BRENT COLES M.~YOR COUNCIL MEMBERS MIKE WETHERELL VERNON L BISTERFELDT COUNCIL PRESIDENT PAULA B. FORNEY M. )EROME MAPP SON MASON COUNCIL PRO TEM CAROLYN TERTELINGPAYNE Subject: ItFP 02-002 -City Prosecutor/Criminal Legal Services for Meridian City Dear Mr. Berg: Thaak-you for the opportunity to submit a proposal in response. to Meridian City's RFP for City Prosecutor/CYiminal Legal Services. The Boise City Attorney's office is afull-service municipal law firm: As the agency responsible for prosecuting misdemeanors and infractions~for the City of Boise, we are highly qualified to .provide these services on behalf of Meridian City as well. Our office mission is "...to be the model public service law.firm and provide high-quality services to our clients and customers in a manner that is ethical, timely, and responsive: ' Summary of~perience The Boise City Attorney's office currently has 22 attorney. positions, 121ega1.secretarypos1tions, and 7 other support positions. Our prosecutors and staff currently cover six separate criminal Magistrate judges' calendars - in the same Fourth Judicial District as Meridian. Included as an . appendix to our proposal is a summary of the experience of our prosecutors, paralegals, and legal • secretaries. We have almost 200 years of combined attorney experience. We believe our experience and expertise would be able to suit your needs at a competitive cost. Interest in the Project The Boise City Attorney's office strives for process improvements and opportunities for growth. Boise City also values the ability to work cooperatively with its surrounding municipalities. Both Boise's Police and Legal Departments have cross-deputization relationships with Meridian. We have provided backup to Meridian for years. We are prepared to offer our high-quality prosecutorial and criminal legal services to Meridian and have the resources to respond to your cortunuruty's needs. -- _ ..-i ~ • 208 384 3870 . CITY HALL • ISO N. CAPITOL BOULEVARD •,P.O. BOX 500.• BOISE, IDAHO 837101-0500, / FAX 208/384-4454 • An Equpa! Opporturt(ty Bmp(oyei www.cltyofbDise:org ..A FAQ N nclck! NtMY ~Y . _ Other Information The Boise City Attorney's office is unique in the way that it provides legal services to its customers and clients. While most traditional municipal firms have staff who perform either solely criminal or civil legal work, our office is divided into cross-functional teams that perform both. Six to seven attorneys and three to four legal secretaries aze assigned to a team. Working together, each team not only covers two criminal court calendars, but also provides legal services to several internal City customers, such as Planning and Development Services, Public Works, and Police. We believe this diversity in assignments allows us to retain the best-qualified staff for longer periods of time and keep them actively involved, challenged, and satisfied in their assignments. I am excited at the prospect of sharing my staff s talents with Meridian. I want to affirm our commitment to providing excellent customer service and experience with little disruption. Unlike many other bidders, we will not need to create protocols, processes, and new soflwaze because these are already in place. Please accept this letter as our interest in this project and this Request for Proposal as an outline of our ability to respond and perform. Sincerely, Lynn Mimura Boise City Attorney SMLdq SIGNATURE PAGE Dusan Lynn ivumura Proposer Name Boise City Attorney Proposer Title Boise City Attorney's Office Proposer Fum 150 North Capitol Boise ID 83701-0500 Proposer Address 208/384-3870 & 208/384-4454 • Proposer Telephone.& Fax Numbers 000022175 Federal Tax ID Number t SECTION II Available Staff and Equipment Available Staff The Boise City Attorney's office proposes to incorporate Meridian City's criminal prosecution cases into its existing cross-functional team structure. Currently, there are three attorney/legal secretary teams that perform criminal prosecution work to cover six criminal court calendars: Litigation/Screening Team -The Litigation/Screening team is under the leadership of Roger Cockerille, a seasoned attorney with over ten years of experience. The team is responsible for covering the criminal court calendars for both Judge Morden and Judge Watkins. Currently, the team has seven attorneys, three legal secretaries, and one police officer/investigator. The team provides litigation support for the City by providing assistance to attorneys on other teams who may be handling litigation matters, by handling litigation assigned in-house, or by overseeing the contracts for litigation handled by outside legal counsel. Its primary customer is the City's Risk Manager, and it provides civil legal advice and guidance for labor relations, union grievances for both Police and Fire, workers' compensation, and collections. This team is also different in that it performs the screening function for all incoming tickets and citations to determine whether to file criminal charges. - . • Parks/Plannina & Development Team -William L. M, Nary heads this team with his 17 years of municipal experience. He manages six full time attorneys and four legal secretaries and also oversees a part time contract attorney. 'The team, handles the criminal court calendars fpr Judges Minder and Swain. Its prunary customers are the Planning & Development Services Department, the Parks Department, the Library, and the Ombudsman. • public Safety/Enterprise Team -With five years of experience in both private and public sector law, Elisa Massoth oversees this team. The team covers the criminal court calendars for Judge Bieter and Judge Schmidt. Gtiurently, the team has six attorneys and three legal secretaries; however,'the office would fill both an attorney and a legal secretary position upon award of the Meridian City contract. The team's primary ? customers include the Aviation and Transportation, Public Works, Police, and Fire Departments. This team also is in charge of helping to create the new Fourth Judicial District Family Violence Court and integrating that additional court calendar and method of handling cases into our office. . On each of these teams, the attorneys and support staff perform both civil and criminal duties. In addition to the above-mentioned staff the Boise City Attorney's office also has an . Administrative Support team that'provides support to the office as awhole.- Included in that team's responsibilities are the file management, reception, legal research; and other administrative duties. A summary of the experience of our staff is attached as an appendix to this proposal packet. 4- The Boise City Attorney's office proposes to offer civil legal advice and guidance to the Meridian Police Chief and Meridian Police Department (MPD) by assigning the Public Safety/Liaison team. In addition to having a dedicated Police liaison attorney who we propose will be onsite at Meridian's Police Department Building for two days each week, the team will provide the Chief with 24-hour on-call support seven days a week as well as specialized training upon request. Available Equipment The Boise City Attorney's office is a fully automated office. Each staff member has a personal computer on their desk, and all PCs aze upgraded and replaced on a three-yeaz cycle. The computers are linked to the Citywide network, which uses GroupWise 5 for its calendazing and messaging. This system also permits entities and individuals outside the City to communicate with our staff by a-mail. While most staff currently use the Corel WordPerfect Suite for their word processing, spreadsheet, and presentation needs, the intent is to have all staff using Microsoft Office within the next two years. Our staffutilize PowerPoint presentations for courtroom exhibits and presentations. The office also has an automated file management system which barcodes and tracks files, as well as an automated victim/witness case management system that prints out victim and witness notifications automatically.. We also contract with Ada County to utilize the AS400, which currently provides calendaring and activity for the Fourth Judicial Court: . The office has contracted for electronic research with Westlaw that includes all Idaho databases s (case law, legislative documents, administrative rules, attorney general opinions, etc.), as well as .~ all other state appellate cases. In addition, we have access to the Ninth Circuit Court of Appeals, . t all Idaho federal cases, the United States Supreme Court cases, and United States statutes. i We also have many other electronic support systems, including facsimile machines, printers, and copiers. 5 SECTION III Ability to Provide Reponsive Services The Boise City Attorney's office prides itself for its current prosecutorial efforts on behalf of the City of Boise. We are prepared to provide the same high-quality prosecution services on Meridian City's behalf as well. We currently have across-deputization relationship with Meridian and already provide backup and support for legal services, including prosecution of conflict cases. We are familiar with and understand the Ada County Magistrate Court's systems, timeframes, court clerks, and judges. Integrating Meridian City's workload into our current practice would be transparent to defendants, attorneys, judges, and the public. We provide legal services in a unique and distinctive manner -through cross-functional teams. Everyone on the team practices both civil and criminal wgrk, to some degree. We believe this diversity in work assignments has lead to greater job satisfaction and improved the quality of work produced by our staff. Our office structure and management culture allow for greater participation, self-direction, and input. In addition, the concept of teaming has individual performers looking at the bigger picture and seeing how their individual acti i~a ~ay~ Ives too than just themselves. Where one or two attorneys in a small practice may sp thin trying to cover multiple functions and courtrooms, our teams allow us to better manage and balance our resources. The cross-functionality ensures that_every team member has exposure to knowledge and skills in relevant subjects such as public records, liability, employment law, federal employment requirements, and contracts. The teaming establishes norms and consistency'in practice among staff so that any one attorney can look at a file initially prepped by another attorney and feel comfortable walking into court to handle the case. Again, this . increases our ability to be responsive and timely. We' also have a distinct advantage over other firms because we have access to the Ada County's AS400 criminal justice system. This system schedules and tracks the Court s activities by ' ~ ~ ~ run npons to ensure that we have the most up-to- defendant and case. This access perm n the trial settings, which date information on the cases we handle. Rather than.relying only upo give by mail, our staff have the ability to immediately look up a defendant or a case and ~~ ~ determine whether something has changed at lieu individual desktops. and at a worksite in the Ada County Courthouse. 6' ~~ ~~~ SECTION IV Cost for Services As an existing governmental law firm, the Boise City Attorney's office has the ability to offer to Meridian 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 would include: • Prosecutorial intake screening and review of all police-generated reports and citations • Timely filing decision and notification back to police and customer, • Prosecution of infractions 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 new caseload in Family Violence Court: n Primary civil legal advice and guidance to the Meridian Police Chief and MPD would include: ~' Access to members of the Public Safety/F.nterprise team for immediate assistance 24 ~, hours a day, 7 days a week through cell phone and/or pager under a protocol to be developed with the Meridian Police Chief; . • On-site -legal seFVices 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; . . • Superior legal training for Block Training, Advanced Academy, on starch and seizure, public record requests, and civil liability, •, Training~on other needs (including those identified through the screening process) by request of the Meridian Police Ctiie~ . . . Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth Circuit. ~ ... . Basic Victim/VVitness services would include; • . Timely contact with victuns (either by telephone or automated letter notice) by a victnn/witness coordinator to advise of victim rights on all required cases; • Preparation of victims~vvitnesses for domestic violence-related cases (domestic assault, domestic battery, violation of no contact order, violation of protection order, stallcing,~ 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. ~ . onthl Installment ~ $12,670 a~ Annual Cost - $152 04 ~ M Y . . ~ Oational Services Boise City also is offering two optional services to Meridian: • On-call victim/witness services (24/7) and follow-up for all violent crimes including sexual assault, rape, and domestic violence-related cases (both felony and misdemeanor) as described before. $50/hour + mileage to and from the crime scene, victims' locations, or court • Juvenile Accountability Services for all juveniles with first-time tobacco and alcohol tickets, including two afternoons each week onsite for assessments, initial and exit interviews, scheduling of education classes and community service, and formal complaints for the tickets of those who do not qualify, who fail to complete the program, or who re-offend within 12 months of the first offense. In order to implement this portion, Meridian City only would need to sign over its $11,708 JA~BG dollars to Boise City; Boise City would cover the ~ match of $1,301. FFY01 JAIBG dollars - 511,708* . *Federal dollars assigned from Meridian City to Boise City 8 SECTION V Description of Prior Experience Prior Experience The Boise City Attorney's office offers tremendous experience in the prosecutorial practice of law. The overall legal experience of our attorneys ranges from a minimum of 1 year to a maximum of 27 years. Every attorney and every legal secretary in our office has performed both civil and criminal work. While our criminal practice primarily prosecutes misdemeanors and infractions, we have 12 attorneys who have prosecuted felony cases. In addition, we currently have Memorandums. of Agreement with the surrounding agencies to permit our attorneys to prosecute on behalf of Meridian, Garden City, and Ada County. Therefore, our staff has continuously provided backup support in prosecuting cases on behalf of Meridian. Preferred Method of Relating to an.Institutional Client Since we already provide support to an "institutional client" (i.e., the State of Idaho in prosecution cases or the Boise City Council and Mayor in civil matters), we are familiar with the particular requirements for a governmental client. For those Meridian citations and reports where prosecution is declined, the Boise City Attorney's office will~issue written notices to the defendants, victims, and the investigating officer as. appropriate. We are prepared to submit a quarterly written report summarizing those statistics as well as to identify training needs and offer written feedback to the:Meridian Police Chief on those needs identified during the screening process (~.e., appropriate report writing, appropriate investigation, etc.). .. While most criminal cases are routine, there may be particular criminal matters that are considered .`high profile" because they may be of a sensitive nature and/or have media interest. There will be times when Meridian's Mayor and City Council and/or its Police Chief need to be kept informed about the status and resolution of these types~of issues. This office is committed to reporting oa these types of cases in a manner that best suits the needs of Meridian City, including as-needed telephone calls, monthly or quarterly written reports, and/or Council presentations. On more routine criminal cases, the Boise City Attorney's office is willing to track and report the number of Meridian City criminal cases that it handles ou a monthly basis. As for other legal advice and guidance to the Meridian Police Chief, the Meridian Mayor, and the Meridian City Council with regard to criminal prosecution matters, the Boise City Attorney's office will report on a monthly basis the number of hours dedicated to these administrative matters and provide a quarterly report sumrarizing the number and status of outstanding and closed Legal Information Requests. . 9 Type and Manner of Case Referral Upon execution of the contract, the Boise City Attorney's office would begin providing prosecutorial services as well as civiUadministrative to Meridian City: Screening -Boise City has contacted the Ada County Records Manager and can finalize arrangements to have them deliver all non-arrest, not-cited reports and all citations to the Boise City Attorney's office along with Boise City's documents. These would be forwarded to the Screening team, where the support staff person would order all the necessary reports and documents to present a packet to the screening attorney. If needed, the screening attorney would assign the matter to the screening investigator for further investigation. Once the packet is complete, the screening attorney would make a decision and notify Meridian and the involved parties on whether the case will be filed. Prosecution of Infraction and Misdemeanor Cases -Boise City has contacted the Ada County Clerks and can finalize arrangements so that as soon as the Clerk of the Court assigns a case number for a Meridian matter and begins setting dates, the court clerks would route all Meridian cases directly to Boise City. The Meridian cases would be assigned to the various teams by judge. • Prosecution on Behalf of Other Prosecuting Agencies - Upon receipt of a written conflict letter from another agency on a Meridian City case, the Boise City Attorney's office would take the necessary steps to transfer the case appropriately. • Advice to Meridian Police Chief -The civiUadministrative support for Meridian Police Chief would'be assigned to the Public Safety/Enterprisetenm, and a Primary Police liaison attorney would be identified with the Chief s input and approval. The team leader and primary liaison attorney would work directly with the Police Chief to identify the best method of referring specific issues and matters. The team would provide 24hour, 7-day coverage to the Police Chief utilizing cell phones and pagers, and the assigned Police liaison would provide two full days per week of onsite legal advice at the Meridian police facility. . • ~ Advice and Training to Meridian Police Department - Upon receipt of a written Legal Information Request from the Meridian Police Chief the Public Safety/Enterprise team leader would provide a written confirmation assigning an attorney and descnbing the scope of the request, and the anticipated due date. • In-Court Representation -The Boise City Attorney's office would cover Meridian's criminal case matters to the same standards as Boise's. • Any and All Other Duties - Upon receipt of a written Legal Information Request from the Mayorand/or Meridian~City Council, the Boise City Attorney would provide a written confirmation assigning the appropriate attorney, confirming the scope of the request, and proposing a due date. . 10 Preferred Method of Development of Case Strate~v For most routine criminal cases, the paperwork initially comes to the legal secretary, where it is organized and made into a case file. The legal secretary also orders any additional items (i.e., videotapes, audiotapes, reports, etc.) and then prepares discovery response on behalf of the handling attorney. The handling attorney then generally reviews the file, performs an initial factual review, requests any additional information, and calculates a proposed offer. On more complex matters, the handling attorney may seek the advice and guidance of a mentoring attorney or a team leader. Historical Client Cost Information The City of Boise generates and prosecutes the majority of the criminal misdemeanors and infiactions for the Fourth Judicial Magistrate Court. Over the past four years, our office has provided the following hours in criminal Prosecution: FY-98 FY 99 FY-00 FY-01 15,053 18,656 20,874 22,224 The office has devoted another 15,902 hours to criminal prosecution efforts through June 2002. Our office also has provided the following hours dedicated to providing civil legal advice and guidance to the Boise Police Department: FY-98 FY 99 FY-00 ~ FY-01 819 1,899 1,601 1,261 The office has spent another 1,659 hours through June 2002 for providing Police legal services. In addition, the Boise City Attrorney's Office overall Department expenses over the last four years have been: . Ezpenses FY 98 FY 99 ~ FY-00 Personal Services 1,908,561 2,151,418 2,360,184 M&O 409,080 453,365 569,859 Equipment 42,258 35,788 45,346 Total 2,359,899 2,640,571 2,975,389 FY-01 2,873,624 1,108,760 53,307 4,035,691 11 SECTION VI Description of Service to the City As described in this proposal, the Boise City Attorney's office is dedicated to providing high- quality legal services in a manner that is ethical, timely, and responsive. Our cross-functional approach to law practice is unique and provides intellectual challenge, personal growth, and better customer service for both the clients and the customers of the office. Our organizational structure permits us to cover all six of the Magistrate court calendars plus the new Family Violence Court. We will provide individual, one-on-one customer service to your Meridian Police Department. We pride ourselves on our work product and our legal services. Our commitment is to continuous improvement, and so we constantly work on our quality assurance and process improvement efforts. We work closely with our customers to ensure they understand the pros and cons of any particular action to ensure that we avoid unnecessary activities. We also embrace creativity and ingenuity by rewarding it in the workplace on both an individual and a team level. We strive to be professional and ethical in all that we do, and we have high standards to which we are committed, As a governmental law 5rm, we understand the concept of being cost- conscious and recognize that we remain Public servants who act for the best interests of the City as embodied in our Mayor and City Council. We consider that our services. must have value for our customers, our community, and the taxpayers. We would continue that effort on behalf of your City as well. We are particularly sensitive to concerns about conflicts of interest, and our staff are routinely trained on ethics and on identifying parties with interests, which are adverse to the City of Boise. Our process can easily be broadened to include. recognition of those issues that are adverse to Meridian City. In any situation where there may be a conflict between the interests of the two cities, we are prepared to utilize one of our existing outside legal counsel contracts to provide. specific counsel for Meridian City. 12 SECTION VII Other Information Boise City already is actively working with the Fourth Judicial Court as it develops its new Family Violence court. This will be a courtroom dedicated to addressing families with violence in the home that have both pending criminal and civil cases. While representatives from Meridian have not been able to join the discussions so far during the development, Boise City is willing and able to represent Meridian's interests in this new approach as well as staff the new courtroom that will be required. Boise City also prides itself on -its efforts to develop and track good statistical data that helps determine whether it is providing the services in the best way possible. We periodically review our closed cases for both Driving Under the Influence (DUI) and Domestic Violence-related (DV) charges and develop statistics to evaluate our success in prosecuting these types of cases. We are proud to note that our conviction rate for DUIs is over 87% and we dismiss fewer than 2% of the cases. On DV cases, we have an overall conviction rate of 77%, with fewer than 23% of the cases dismissed. We believe this type of statistical information is not only indicative of the quality service we will provide to your City, but also is vital information that your City can use in managing this contract Boise City offers basic victim/witaess services as part of its package.. Our victim%witness . coordinators serve as a liaison between the victims/witnesses of crimes and the prosecutors. They help victims to understand their rights and assist them through the court process. They also provide victims with short-tens crisis intervention, long-term community resources, and vital .community information to assist them with their assessed and implied needs. This service has proven invaluable for Boise City, and we expect that it would provide the same benefit to Meridian City as well. As an add-on service, Boise City is prepare to offer on-call victim/witness services for both misdemeanor and felony domestic violence cases as well as for sexual assault, rape, and other violent crimes .After piloting an on-call Program for misdemeanor domestic violence cases, Boise determined that providing an onsite person who could immediately assist victims with . crisis intervention and assist officers in their initial investigation was a valuable service. Boise had already determined that on-call victim/witness services for felony cases were invaluable in assisting police to investigate violent and~traumatic crimes. As another add-on to its overall prosecutorial services, Boise City is prepared to provide juvenile accountability diversion services as well. The Juvenile Accountability Program is a federal grant funded program to divert juveniles out of the overburdened criminal justice system. ~It offers a unique opportunity for juveniles with first-time tobacco and alcohol violations to dispose of their citations without going to court. Instead, juveniles and their parents are assessed and referred to community resources and education classes..While a number of the tickets are referred to Ada County's Youth Court program (a peer-based diversion process), the remaining ones are handled in-house. The JA coordinator works with the juvenile and their parents to ensure that both are equally accountable, requiring them all to sign a contract agreeing not to use tobacco, alcohol,:or illegal substances throughout the diversion process. The juvenile admits their guilt, and the ticket is held rather than filed witli~the court. As part of the diversion, the .~ ~ 13 juvenile is required to attend substance abuse education classes, perform community service within the City to give back to the community, and provide a written essay about the experience. If there is a need, the juvenile and his parents are referred to other community resources, such as counseling. If a juvenile fails to complete all the requirements of the diversion or re-offends within one year, then the citation is filed with the Court. According to the Association of Idaho Cities (AIC), Meridian City had submitted an Intent to Use form; however, your City had not submitted the- necessary follow-up paperwork to accept the grant by the necessary deadline. Our conversations with AIC indicate that despite the delay, if Meridian immediately signs a waiver to "pass through" their assigned JAIBG funds to Boise City, we can begin handling cases on your behalf as proposed here. Both of these options are ongoing services that our office already provides to its current customers and can easily incorporate into the services that Meridian could use. 14 1 i APPENDIX A Staff Qualifications Public Safety/Liaison Team Elisa G. Massoth, Assistant City Attorney/Team Leader J.D., University of Idaho College of Law, May 1997 Assistant City Attorney/Team Leader, Boise City Attorney's Office, Apri12001-Present Attorney, Moffatt Thomas, May 2000-Apri12001 Assistant City Attorney, Boise City Attorney's Office, April 1998-May 2000 District Court Law Clerk, Honorable Judge Horton, August 1997-April 1998 Judicial Advisor, U of I Student Advisory Services, August 1996-May 1997 Legal Intern, Oregon Coalition Against Domestic & Sexual Violence, June 1995-July 1995 Paul J. Fitzer, Assistant City Attorney J.D., Southern Methodist University School of Law, May 1997 _ Assistant City Attorney, Boise City Attorney's Office, Apri11998-Present Legal Intern, Ada County prosecuting Attorney's Office, May 1997-January 1998 ~ . Legal Extern, U.S. Environmental Protection Agency, Summer/Fall 1996. Legal Extern, U.S. District Court -Northern District of Texas;. Summer 1995 Janet Kensett, Legal Secretary Legal Secretary, Boise City Attorney's Office, July 2001-Present Jill B. Musser, Assistant City Attorney/BPD Legal Advisor J.D., Washington University School of Law,1990 . Assistant City Attorney, Boise City Attorney's Office, February 1996-Present Deputy prosecuting Attorney, Ada County Prosecutor's Office, August 1990-November 1994 Volunteer Intern, King County Prosecuting Attorney's Office, Summer 1989 Urban Law program, Washington University School of Law, Spring 1990 Marlene Nothling, Legal Secretary Legal Secretary, Boise City Attorney's Office, 2001-Present . Senior Customer Specialist, PeopleFirst.Com, 2001 ~ . Paralegal, Collection House (Australia), 1996-2000 Paralegal, Jones King Lawyers (Australia), 1993-1996 . Douglas K. Strickling, Assistant City Attorney J.D., University of Idaho, 1984 Assistant City Attorney, Boise City Attorney's Office, 1984-Present _ .. . 15 t Alison Stieglitz Tate, Assistant City Attorney J.D., University of Idaho, 1995 Assistant City Attorney, Boise City Attorney's Office, February 2002-Present Prosecuting Attorney, Garden City, October 2000-February 2002 Deputy Attorney General, State of Idaho, October 1998-October 2000 Associate, Gordon Law Offices, October 1997-October 1998 Deputy Public Defender, Ada County Public Defender's Office, June 1996-October 1997 Law Clerk, Honorable Thomas F. Neville, June 1995-June 1996 Michelle Eisenbeiss-Taylor, Legal Secretary Legal Secretary, Boise City Attorney's Office, 1993-Present Secretary/Receptionist, Hoff Forest Products, 1989-1993 Matt Wilde, Assistant City Attorney Assistant City Attorney, Boise City Attorney's Office, August 1996-Present Parks/Plannin~ & Development Team William- L. -M. Nary, Assistant City AttorneyrTeam Leader J.D., University of Idaho,1985 Assistant City Attorney, Boise City Attorney's Office, 1989-Present- Partner, Ambrose Fitzgerald & Crookston,1985-1989- Pmsecutor, Meridian City, 1985-1989 Ted Baird, Assistant City Attorney J.D./1vIBA., Willamette University, -1988 ~ . Assistant City Attorney, Boise City Attorney's Office, March 2000-Present - Associate Attorney, Ramie & Crew Law Firm, September 1994-July 1996 Assistant City Attorney, City of Beaverton, January 1993-September 1994 Assistant City Attorney, Boise City Attorney's Office; February 1991-January 1993 Associate Attorney,- Yturri Rose Law Finn, July 1988-July 1990 - Emily Kane, Assistant City Attorney J.D. & Environmental & Natural Resource Law Certificate, Northwestern School of Law of Lewis & Clark College, 2000 Assistant City Attorney, Boise City Attorney's Office, September 2001-Present - Judicial Clerk, The Honorable Daniel Meehl, June 2000-September 2001 Legal Intern, Department of Interior-Indian Law Section, May 1999-August 1999 Legal Intern, Lewis & Clark Legal Clinic, August 1999-December 1999 Law Cleric, Schroeder Law Offices, May 1998-Apri11999 -. 16~ R. Stephen Rutherford, Assistant City Attorney J.D., University of Idaho College of Law, 1996 Assistant City Attorney, Boise City Attorney's Office, November 1999-Present Meridian Prosecuting Attorney, White, Peterson, Pruss, Morrow & Gigray, August 1998- November 1999 Public Defender, Ada County Public Defender's Office, September 1996-August 1998 Teresa Sobotlca, Assistant City Attorney J.D., University of Idaho, 1987 Assistant City Attorney, Boise City Attorney's Office, 1993-Present Prosecutor, Garden City, 1992-1993 Special Prosecutor, Ada/Elmore/PayetteJIdaho/Canyon/Gem/Washington/Adams/Valley Counties, 1989-1992 Deputy Attorney General, State of Idaho Attorney. General's Office (H&W), 1987-1991 Mary Watson Tyree, Assistant City Attorney Assistant City Attorney, Boise City Attorney's Office, 2001-Present James F. Wickham, Assistant City Attorney J.D., University of California, Hastings College of Law; 1974 Assistant City Attorney, Boise City Attorney's Office, October 1988-Present Associate, Harris & Sutton,.March 1987~eptember 1988 Deputy Attorney General, State of Idaho Attorney General's Office (H&W), November 1980-February 1987 Attorney, private General Practice, February 1979-October 1980 Assistant Attorney General, State of Idaho Attorney General's Office (H&W), September 1975-January 1979 Law Clerk, Rhodes & Shenod, June 1973 May X974 Litigation/Screenin~Team Roger E. Cockerille, Assistant City Attorney/Team Leader J.D., University of Wyoming College of Law,1992 Assistant City Attorney, Boise City Attorney's Office, 1997-Present Associate, Lathrop & Rutledge,1993-1996 Lava Clerk, U.S. District Court -Wyoming, 1992-1993 Student Director, Prosecution Assistance Clinic, 1991-1992 17 Rondee Blessing, Assistant City Attorney J.D., University of Idaho College of Law, May 1998 Assistant City Attorney, Boise City Attorney's Office, January 2000-Present Law Clerk, The Honorable Daniel T. Eismann, August 1998-December 1999 Student Prosecutor, University of Idaho Student Advisory Services, August 1997-May 1998 Law Clerk, Manweiler, Bevis & Cameron, May 1997-August 1997 Kevin Borger, Assistant City Attorney J.D., Washburn University of Topeka, 1986 Assistant City Attorney, Boise City Attorney's Office, 1991-Present Attorney, Solo Practitioner, 1988-1991 Associate Attorney, Meuleman & Miller, 1986-1988 James Scott Dowdy, Assistant City Attorney J.D., University of South Dakota, School of Law, 1999 Assistant City Attorney, Boise City Attorney's Office, July 2000-Present Judicial Law Clerk, 'The Honorable Nathan Higer, August 1999-July 2000 Legal lutern, Moscow City Attorney, January 1999-Apri11999 Extern, Office of the U.S. Attorney General -Idaho, May 1998-July 1998 Randall S. Grove, Assistant City Attorney J.D., University of Washington School of Law,1991 Assistant City Attorney, Boise City Attorney's Office,1997-Present Deputy Prosecuting Attorney, Canyon County Prosecuting Attorney's Office, 19941997 Deputy Prosecuting Attom~y, Ada County Prosecutor's Offce,1991-1994 Legal Intern, U.S. Attorney-Washingta~n,1990 Scott B. Muir,. Assistant City Attorney J.D., University of Idaho, College of Law, 1990 Assistant City Attorney, Boise City Attorney's Office, January 2001-Present Deputy Attomey.General, State of Idaho Attorney General's Office (Finance), September 1997-January 2001 Deputy Attorney General, State of Idaho Attorney General's Office (Insurance), Jaauary 1996-September 1997 Attorney, Quane, Smith, Howard & Hull, June 1990-January 1996 J. Paige Wilkins, Assistant City Attorney J.D., University of Idaho; College of Law, 2000 Assistant City Attorney, Boise City Attorney's Office, October 2000-Present Appellate Clinic Intern, University of Idaho Legal Aid-Clinic, 1999-2000 Extern; .The Honorable Jim D. Pappas, Summer 1999 ~ . .18 ~ ... • t Administrative Team Michelle Albertson, Paralegal Legal Assistant Certification, 2001 Paralegal, Boise City Attorney's Office, May 2002-Present Legal Secretary, Boise City Attorney's Office, December 1997-May 2002 Senior Secretary/Accounting Specialist, Boise Fire Department, August 1991-December 1997 Secretary II/Court Clerk I, Chandler City Court, April 1986-June 1991 Legal Secretary, Whipple & Byington Law Office, June 1982-March 1986 Debbie G. Allen, Paralegal ADPS, The Paralegal Institute, 1998 Paralegal, Boise City Attorney's Office, December 1999-Present Paralegal, Department of Environmental Quality, March 1998-December 1999 Administrative Legal Assistant, Department of Health & Human Services, October 1997- March 1998 Human Resources Associate, Montana State Fund, March 1997-October 1997 Paralegal, Wewer Law Firm, September 1996-March 1997 Administrative Assistant/Paralegal, Federal Defenders of Montana, September 1993- September 1996 Administrative Assistant II, Montana Department of Revenue, Apri11990-September.1993 Office Maaager/L.egal Secretary, O'Brien Law Office, May 1985 Apri11990 Legal Secretary/Bookkeeper, .McClain & Dowdall, November 1984May 1985 Legal Secretary/Booklceeper, Morales, Volinkaty & Harr, March 1979-November 1984 Legal Secretary, Tipp, Hoven & Skjelsey February 1978-February 1979 19 w ~ ~ APPENDIX B Memorandum regarding JAIBG Funds for Meridian 20~~ '• [ September 13, 200? Tc): Matthew Haynes, Juvenile Accountability Coordinator, City oCBoisc City of Meridian From: Justin Qliver Rucn, Association of Idaho Cities Re: 2001 Juvenile Accountability incentive Blocl: Grant The purpose of this memo is to summarize conversations I have had with Allan Miller of the ~opartnicnt of Juvenile C:orractions (D7C) concerning the possibility of the Lily of Meridian waiving their 20017Ai13G funds to the City of Boise for a juvenilo accoa~tlability program. Miller said that such a waiver could still be accomplished for tlic 200t Brant, and that DJC would encourage such an arrangement so that tl~e funds Rre utilized. 'Tha City of Meridian will nccci to complete a waiver form, which must subsequently bs acu~pted by the City of 13oise. If you have any further questions, do not hesitate to give me a call.