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HomeMy WebLinkAboutAgreement RFP 02-002 City Prosecuter CriminalMAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless CITY OF If'~'~ ~Y1G~1~yI ~l IDAHO LEGAL DEPARTMENT (208) 288-2499 •Fax 288-2501 PARKS & RECREATION (208 888-3579 •Fax 898-5501 PUBLIC WORKS (208) 898-5500 •Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 Ke1thBlyd ~«~~R~~v"'~ ~sn+te PLANNING AND ZONING `1903 (208) 884-5533 •Fax 888-6854 August 22, 2002 Re: 2002 Request for Proposals for City Civil /Criminal Legal Services RFP 02-001 /RFP 02-002 Dear Interested Party Enclosed you will find the City of Meridian Request for Proposals (RFP) as recently advertised. Interested parties are welcomed to submit complete proposals to this office as outlined in the requirements set forth in the RFP. Sincerely ~~ William G. Berg, Jr. City Clerk Enclosure(s) .~. ~,,,. . a' ~ '; -~` ~'„ ;f ~~•{~ 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 •Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 288-1193 Will Berg From: William Nary [VNnary~cityofboise.org] Sent: Tuesday, August 13, 2002 8:51 AM To: bergw~ci.meridian.id.us Subject: RE: RFP's Final Aeridian.Criminal.RMeridian.CiviI.RFP.c P.doc oc We'll try a different one. also have aversion on disc. This is what happens when we use WordPerfect and you guys use Word. CITY OF MERIDIAN RFP NO. August 13, 2002 The City of Meridian is requesting proposals for City Prosecutor/Criminal Legal Services for the City of Meridian. Qualified firms 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with this RFP may be obtained from: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals.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 5 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP City Attorney/Civil 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 day of ALL PROPOSALS MUST BE SIGNED. 2002. No exceptions. 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 SECTION GENERAL 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 5 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP 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-Meridian Police Department, 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. Award of Contract: It is anticipated that the City will contract with one person or a firms 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 October 1, 2002. PROPOSAL SUBMITTAL REQUIREMENTS SCOPE OF WORK: 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, 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; * Rny and all other duties as assigned by the Mayor and/or City Council. I)SUBMITTAL PROCEDURE A) Date & Location Written proposal submittals are due on the of 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 City Prosecutor/Criminal Legal Services. And delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 B)Please submit Five (5) copies of the proposal in a sealed package and identified as follows: 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. 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 serviced must be very detailed and specific to be acceptable. APPENDIX (OPTIONAL) A) Resumes B) Brochures C) Letters of Recommendation D) Other II 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. Will Berg From: William Nary [Wnary~cityofboise.org] Sent: Wednesday, August 14, 2002 4:25 PM To: bergw(~meridiancity.org; corrieb~meridiancity.org; worleym(~meridiancity.org; birdronakikeith(~msn.com; cgmccandlesst~msn.com; ronaldkeithbird(~msn.com; TdeWeerd~msn.com Subject: "Final RFP's" Meridian.CiviI.RFP.fiAeridian.Criminal.RF na12002.... P.fina1.20... I would suggest the Statesman, the Valley, Times and the Press- Tribune for publication. I would assume we would send White, Peterson, a direct mailing. I have received calls from Bieter, Walker, and Werth, and Foley, Freeman, Borton, et.al. for a copy of the proposal. Would we direct mail to all inquiries or should I call them back? Has anyone else received an inquiry that we should send a direct mailing to as well. I would suggest that we send a direct mailing to Ada County, Boise City, and Garden City for the criminal piece too. Our next step would be to establish a panel for review. I have some idea how to accomplish that. Have I missed anything? 1 Will Berg From: William Nary [Wnary~cityofboise.org] Sent: Tuesday, August 13, 2002 8:51 AM To: bergw(3~ci.meridian.id.us Subject: RE: RFP's Final Aeridian.Criminal.Rf4leridian.CiviI.RFP.c P.d~ oc We'l1 try a different one. I also have aversion on disc. This is what happens when we use WordPerfect and you guys use Word. Will Berg From: William Nary [V1lnary(83cityofboise.org) Sent: Tuesday, August 73, 2002 8:36 AM To: bergw~ci.meridian.id.us; bergwtZ~meridiancity.org Subject: Fwd: RFP's Final 0 RFP's Final (16.0 KB) Here is the proposed RFP's see if they will open in this format. Page 1 of 1 Will Berg From: Tammy de Weeni Sent: Friday, August 09, 2002 5:36 PM To: Bill Nary; WII Berg Subject: Fw: Aug 13, 2002 Workshop Agenda Oops, I meant to copy you on this and sent it before I did it. FYI - t. - Original Message - From: Tammy de Weerd Sent: Friday, August 09, 2002 5:34 PM To: Sharon Smith Subject: Re: Aug 13, 2002 Workshop Agenda Thanks, Sharon, for the agenda. Hate to add to it, but got a note and just got off the phone with Bill Nary about adding 'discussion of Legal Services RFP'. We would like to add that to the agenda before the Mayor's report. I am sorry for the extra work this might cause. Thanks, Tammy -Original Message ---- From: Sharon Smith Sent: Friday, August 09, 2002 5:14 PM To: Anita Overiin (E-main; Bill Nary (E-mail); Bill Nichols (E-mail); Brad Hawkins-Clark (E-main; Brad Watson (E-main; Brian O. (E-main; Bruce Freckleton (E-main; Cherie McCandless (E-main; Dave McKinnon (E-main; Dean W. (E-main; Diane Stewart (E-main; Gary Smith (E-main; Janice Smith (E-rr~in; Jean Moore (E-main; Jeny Centers (E-main; Jessica Johnson; Jim Johnson (E-main; Karie Glenn (E-main; Keith Bird (E-mail); Keith Borup (E-main; Kenny Bowers (E-mail); Kristy Vigil (E-main; Larry Sale (E-main; Marlene St. George (E- main; Mike Worley (E-main; Nick Wollen (E-main; Nina Barton (E-main; Randy Donath (E-main; Rick Clinton (E-main; Shari Stiles (E-main; Sonya Allen (E-main; Stacy Kilchenmann (E-main; Steve Siddoway (E-main; Tammy deWeerd (E-main; Tara Green; Terry Little (E-mail); Tom Kuntz (E-main; Will Berg Subject: Aug 13, 2002 Workshop Agenda Thanks! Sharon Smith Meridian City Clerk's Office Ph. 888-4433 ext 210 Get more from the Web. FREE MSN Explorer download : htt explorer.msn.com Get more from the Web. FREE MSN Explorer download : http://explorer.msn.com 8/9/2002 Wiil Berg From: Will Berg [berOw(d~ci.meridian.id.us] Sent: Thursday, August 22, 2002 3:20 PM To: 'trw~whitepeterson.com' Subject: RFP for attorney Attorney Civil RFP Attorney Civil RFP Attorney Criminal Attorney Criminal 8-02 notice... 8-02.doc RFP 8-02 not... RFP 8-02.doc... For Your Information Wi11 Berg From: III Berg [bergw(~ci.meridian.id.usj Sent: Thursday, August 22, 2002 3:16 PM To: Bill Nichols (E-mail) Subject: RFP for attorney L Attorney Civil RFP Attorney Civil RFP Attorney Criminal Attorney Criminal 8-02 notice... 8-02.doc RFP 8-02 not.. RFP 8-02.doc... For Your Information Will Berg From: William Nary [Wnary(8,~cityofboise.org] Sent: Wednesday, August 14, 2002 4:25 PM To: bergw(d~meridiancity.or+g; corrieb~meridiancity.org; worleymr~meridiancity.org; birdronaldkeith~msn.com; cgmccandless~msn.com; ronaldkeithbircit~msn.com; TdeWeerd(t~msn.com Subject: "Final RFP's" ~5 ~~ Meridian.CiviI.RFP.fiAeridian.Criminal. RF na12002.... P.fina1.20... I would suggest the Statesman, the Valley, Times and the Press- Tribune for publication. I would assume we would send White, Peterson, a direct mailing. I have received calls from Bieter, Walker, and Werth, and Foley, Freeman, Borton, et.al. fora copy of the proposal. Would we direct mail to all inquiries or should I call them back? Has anyone else received an inquiry that we should send a direct mailing to as well. I would suggest that we send a direct mailing to Ada County, Boise City, and Garden City for the criminal piece too. Our next step would be to establish a panel for review. I have some idea how to accomplish that. Have I missed anything? Anita Overlin From: William Nary [Wnary~cityofboise.org] Sent: Wednesday, August 21, 2002 8:30 AM To: corrieb@meridiancity.org; birdronaldkeith~msn.com; cgmccandless@msn.com; ronaldkeithbird@msn.com; TdeWeerd@msn.com; wFn@WhitePeterson.com Cc: PartnersLWhitePeterson.com Subject: Stip to terminate legalsvcs.term i nation.st iP.s-o... I'm re-sending the document in the WORD format. Please let me know if we have an agreement for next Tuesday so we can have a reso authorizing the Mayor to sign and Clerk to attest. 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Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary '' ~~, ~~ "~ ;~' CITY OF ~,~~~,'~~~~ ~- ~-.,c - ~- ~ _\ a\ ert~lcn .E:f ;, IDAHO j ~ ~. LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500•Fax 887-1297 Cherie McCandless ti~ ~ BUILDING DEPARTMENT cF,~,T ~% (208) 887-2211 • Fax 887-1297 Keith Bird eR ~a~T ,~~1-! R RIRF Vr~ SINCE PLANNING AND ZONING '' ieoa (208) 884-5533 • Fax 888-6854 .FACSIMILE COVER SHEET TO FAX NUMBER: ¢ 72 - Z ~ ~ ~ DATE: ~- ¢ -~ Z- DELI VER T0: Sh a w sz TITLE /DEPARTMENT.' Ganz. a'-e ~ Ci ~ ADDRESS: CONFIDENTIAL YES: NO: TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): ~ FROM: CITY OF MERIDIAN -CITY CLERK'S OFFICE FAX # (208) 888-4298 NAME: WILL BERG TITLE /DEPARTMENT.- CI TY CLERK COMMENTS: /2G[~J~Oa/h th~c e w't CC~y rret~~ ~ ~ .ee~~ c e,rr/~cef 200% ~ Zoo Z ~'`~ ~c.u Cu,l~ ,Do/.tee.. ~,oa-:.~~~f ~. C~f~ l~a~ ~~B -6.6?8 PLEASE CALL (208) 888-4433 IF YOU DO NOT RECEI VE ALL FAX TRANSACTIONS SUCCESSFULLY. THANK YOU. 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (308) 888-4433 • Fax (308) 887-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 884-8733 ** TX CONFIRMATION REPORT ** AS OF SEP 05 '02 14:55 PAGE. 01 CITY OF MERIDIAN DATE TIME TOiFROM 07 09105 14:53 1 208 472 2998 MODE MINiSEC PGS EC--S 01'58" 007 CMD# STATUS 066 OK MAYOR '~' ' Robert p. Corrie - • ~ • _ ~ ~' ~ ~1~r ~_. I• f 'r LEGAL DEPARTMBNT (208) 288-2499 - Faz 2x8.2501 CITY COUNCIL MEMBERS T Ctrv pF j'°d~' -.- <• _ ~'`', ~~~ ~ • ~~~ PgRKS & RECREATION (208 858.3579 • Fax 898-5501 ammy dcWeerd eri i~n \ William L. M. Nuy ~ fDAHO t~ PUBLIC WORKS (208) 898.5500 •F~x 857.1297 Chcnc McCandlcss ~'~ ~ BUILDING DEPgRTtyENT Kcith Bird v ' (206) 887-2211 • Fax 887.1297 ~~'X~ ~y~j PLANNINGAND'LONING (208) SS4-5533 • Frx 838-G854 FACSIMILE COVER SHEET CONFIDENTIAL YES: NO: TO FAX NUMBER: '¢ ~2- - ~ 9 ~ fj DATE: / " ~ ~O Z~ DELIVER TO: :Sfzawn_ TITLE / DEPARTMENT.• G~ R~~h- ~~ ~j~,Y~ ~~ ~ ADDRESS: TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET).- 6 FROM.• CITY OF MERIDIAN -CITY CLERK'S OFFICE FAX # (208) 888-4218 NAME.• W1LL BERG TITLE/DEPARTMENT.- CITY CLERK COMMENTS: /2~,op~/h ~h: G w~- ~~G~ /.ec~,,.,~ ~ -~e~a.~ 4 errirce.l Zoo~~ Zvo Z_ f~ Y ~~ ~Gc.~ ,QO~Ge ~~`'rP < ~ a a° ~pi8 ~~~ PLEASE CALL (208) 888-44331E YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. THANK YOU. (-'08) 888-sA33 • p~ ~ '3 EAST IDAHp . MERIDIAN, IDANO 83642 (_08) SS7.4S); .City C)crk Officc Fax (208) 888-4?Ig Human Rescwrces The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 Account # ,~ LEGAL,oADVERTISING PROOF OF PUBLICATION OE2763 X722745 Attention. 1MLL BERG CITY OF MERIDIAN 33 EAST IDAHO ST. MERIDIAN, ID 83642 RFP NO. 02-001 AUGUST 24, 2002 2X41 74.75 14311 LEGAL NOTICE CITY OF MERIDUW 16, 2002 R N0.02-0O1 The CiN of Meridian is requestin& proposals for City Attorney / CtvA Lead Servkes, Qualified fauns are nvited to submR a proposal in the format outlined an tfie Request for Proposals. A complete package of requirements necessary to compy wiM this RFP may be obtained from: WR Berg Meridian City Clerk 33 E. ktaho Meridian, ID 83642 Any proposal may be witl~drawn prat to the above scheduled tans for the opening of the proposals. Clarifications to the Retest for Proposals w~l be considered ony 'if they are submitted in writing and received by Meridian City Clerk at least five working days error to the proposal opening. All clarifications to the requiremerifs wiq be addressed as a written addendum to the proposal. No verbal clarifications wiN be binding on the CRy or the consultant . Submit 10 copies of the proposal with the~ ppr ' ct title Cleary indicated. The envelope in which the proposal is received must be specifical marked: RFP No. 02-001; ciRy Attorney/CIvY Lepl for the ctq, of , And delivered to: VIriR Berg Me 3nd3iarEi. clerk Meridian, ID 83642 by 4.00 p.m. on the 16th day of September, 2002. No exceptions.. AA proposals 'must be signed. !THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS TO 'WANE AND IRREGULARITIES IN THE PROPOSALS RECENED, AND TO ACCEPT THE I'RO- POSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CfTY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDUW CfTY CODE. ,. u Pub. Aug.. 24, 2002. __ . _ _. -- --_-___.__, 14311 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The /daho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: ONE consecutive weekly single consecutive daily ~ odd skip insertion(s) .Ss COUNTY OFADA ) beginning issue of: AUGUST 2 4 , 2002 ending issue of: AUGUST 2 4 , 2002 J STATE OF IDAHO ) On this 2 6 day of AUGUST in the year of 2002 +•+++~~~•. ' • before me, a Notar Public, ersonall a y p Y ppeared bef ore me ~, HEll~jps '•,~ ,•~•`~ ` ••••• ' p Janice Hildreth known or identified to me to be the erson ~~• ~ti•••• '•. ~~ •% •• ~ ~ • whose name subscribed to the within instrument, and being ,n :bY me first duly sworn, declared that the statements therein ; ~OTq~, ' * ~ ~ 1" ~ :are true, and acknowledged to me that she executed the same • . . ~. ~ ~ • ~° ~ I~ / ~ • %,~ gl••.•••1e,.• ~O ~` ~, ~ ~ . Notary Public for aho '. 0 F I~ ~~ Residing at: ,ao- 5c ,Idaho `''~•...++~~`` My Commission expires: C ~/2/~0 8 _- ! ''// S~ ~~ ~~~~~h~ 2 ~~ ~ o a ,~0~ ©~o l~ ~~ o i ~~Z. .~ ~ ~.~,. GvG~T/~ MEMORANDUM C/TY OF MER/D/AN C/TY CLERK'S OFFICE TO: Department Heads- Mike Worley Gary Smith Pauline Skeggs Brad Hawkins-Clark Stacy Kilchenmann FROM; William G. Berg, Jr. .~GGl~ DATE: Wednesday, September 78, 2002 RE: RFP for Legal Services On Tuesday, September 77, 2002 the City Council at the City Council meeting decided that they would like your input on the selection of the criminal and civil legal services for the City of Meridian. Enclosed are the proposals, which 1 have received. There are three proposals for the criminal services and three proposals for the civil services. Please respond to the Mayor and City Council (via throuoh me) in writing by Friday, September 27th. The City Council will be having proposals presented to them on Monday, September 30th and Wednesday, October 2nd at 6:00 pm which they would like your attendance. They also would like to stress that they consider these proposals as confidential materials and are not to be duplicated or passed around to anyone. You are to examine the documents, make a written response by September 27th and return the documents to me after the presentations. If you have any questions, please contact me immediately. Thank you. . . Memo To: Mayor Corrie Counalrrran Keth B'rd Counciwanan Tammy de Weerd COUI'1C~ApCYldr1 Cherie McCarlClles From: Stacy Kilchenmann-;"Financial Director CC: Will Berg Date: 9/19/2002 Re: Legal RFP RECEI~TE SEP 2 0 ?~~ City of Meridian City Clerk Offie.~- This memo and the attached Excel spreadsheet are my response to the request for input regarding the legal services contract. I put together a cost comparison matrix. In addition I have some narrative comments. I also noted that the RFP did not contain any type of scoring system for the evaluation criteria. We would need to assign a weight and value to each criterion to defend and justify the final selection. Civil Sasser and Inglis P.C. Only gave per hour charges for various levels of professional staff so it appears that all work done for the City would be on an hourly charge. This seems to be the Trost costly response and difficult to budget for without going back and trying to determine the average hours that the City uses attorneys and support staff. Bieter Werth and Walker had a low monthly retainer amount but the least staff available. One attorney of three is in Sun Valley and one attorney will be tied up during the legislative session, as he is a state representative. It seems like this might be a conflict of interest when the legislature considers matters that impact cities. White Peterson appears to have the most experience and staff available. Criminal The City of Boise has by far the lowest bid dollar wise as well as the largest and most experienced staff. The fact that Bill is on the council and works for Boise would have to be disclosed in the audit as a related party transaction and I am not sure how "far up the scale" it would rank. After discussion with out auditor I don't think he would be able to actually participate in any work done for the City. I was confused by the reference to us turning our FY01 JABIG grant money over to them. All grant funds received by the police have been spent. The Foley, Freeman, Gorton, and Stern bid is over the amount we budgeted for FY03. The City of Garden City just does not the experience or resources that Boise does and their bid is $83,550 more. • Page 1 C l0 m L C " O O1 J t c ~ N C U N y ~ N L y C ~O !k~ a ~ N ~ O ~ O ~~ ~ ~ N N N C U ~ ~ `a ° ~ a v w 1 ° v d ~ ~ L ~ ~ ~y U a L C 3 L a a v C d E v O ~ .~[ N m n~ O ~ ~ L (h O y a 3 m d N ~ d O ~ V T U lCO o = > ~ _v m Q ~ ~ U N E L N ~(OOM ea ¢ en en M O d N O O O m O N N M U C N d 9 r0 A u N C ~ U N N _ ~ W N ~ O ~ C ~ N O >, m c Q E S ~ LL O O O O N N LL V3 » U _ Z N N N C O N h z h w S ~ t V n. 2 ~~ c 5 ~ m C Q N ~ N m ~ ~ O G T ` . .. ~ ~ U °o i»v m y N ' o N L L > N ~ N o ~ 3 ~ m en 3. rn G ° O o 0 V V d N (A ~ O1 M O ~ u U ? IL m O k O O O m N N ~+ O N ~ } U u . 2 W O U U > _ j ~ W Z Z 7W = y~ C J Q Z ~ Z ~ ~ Q ~ N J Z ~ U m K av ~ U N m ~ °a N N UN U N C A 01 L O N N N ~ N N u p ~- L u a O1 __ N N U O 2 ~ C ~ U ; C C ~ p, ~ - Q O ~ ,'C U U G C ~ N N y N C N Q N a N C ~ O O O `y ~~ y N v n > a c E ~ aNi ~ w n ~ ap ~ d u Y c C 0 6 ~ Ni N 'O C G U ~ ~ ~ 3 0 ~ U C ~ W ~ ~ c v y'- ryry U y C ~ !: l6 U O L O c a'a 'c o ~ ~ ~ m ~ o oi° y N g Gl ' U Ul C~Cga a to n~ ma m«n~ C O in ~ ~ t 3 V (gipp G y`~ U f0 T C ~ C y C a U C H O V U J. N Of f0,t C 3 C O V >. >i O rn N ~ O Of ~ y ~ O C N L U ~~ p 0` C Gl C Q~ ~~ N C U N O O ~ '~ U O1 .. ~ y a g > V ...L. L .. (p O R ~ ~ j Z w O C ~p ._. C W O' Ul X 0 0 d V y~ C C~~ CNyN UO> N O WOIL yOt TNOp(V my oho o~cc '>oa p. ~ ,°~ ~~rn rn~u mtv~p ~C .N d Q C1 v N N N N C O W N O G v C U> C 'O U~ U y C ~ ~ ~ J N W `y T ~ U y~ ~ ~ ~ ~ y ~ j ~ uvi a ~ _ ~ ~ N y~°owov oc>-_ ~c°i ~3~c >>mrn ~~> ~--~ 'u E ~ aLL aa~a mV E ~~QCO ~ a~iK~~ v° `~ m ~ v c n a, m EiU m L° Ci° N n. ~ >aa ~mranoiaNi V d 'O O a` 1l1 N V .~ v y III Berg From: Pauline Skeggs [skeggspr~ci.meridian.id.us) Sent: Tuesday, September 24, zoo2 s:as ann RECE~~TEI~ To: bergw~c~' ci.meridian.id.us Subject: Legal Services SE~ 2 tl 202 will, City of IYieridia~n City Cleark ()ffick- After reviewing the RFP's that you provided for criminal services I would recommend that Boise be considered for the City Prosecutor. The municipality background and their availability to utilize the AS400 calendar and access to the ninth circuit court of appeals makes Boise in my opinion the best candidate. The only concern I have is there may be a conflict of interest with Bill Nary being listed as one of the attorneys for the City of Boise since he is also a City Council member. If Boise is the one chosen I think the City needs to get an legal opinion to make sure no conflict exists. My last recommendation would be that Chief Worley's choice should have a greater impact then the other department heads since he would be the one that is going to work closely with the prosecutors office. After reading through the RFP's for civil services my first choice would be White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman since they have the most municipality experience, have a large attorney base and staff, and more importantly know what is going on in the City since they currently hold the contract. To my knowledge I understand they have been doing a good job for the City on the civil side the prosecution side was the area of concern. The concerns I have with the other proposals are the size, capability and the municipality experience that the other legal firms have. If another firm is chosen I believe there will be delays in order to bring them up to speed with the internal workings of the City. If you need additional information, let me know. 1 Message Will Berg Page 1 of 2 From: Mike Worley Sent: Friday, September 27, 2002 11:27 AM To: WII Berg; 'Bob Corrie' RECEI~TEI Subject: Review of Legal RFP Responses SEQ ~ ~ ZoQ7 Importance: High Sensitivity: Confidential City of Ilxeridian City Clerk Offie~ CRIMINAL There are clear deiiniations in the criminal proposals. Boise Gity's is complefie and addresses all issues of concerns to me. They are also the most inexpensive. Part of their proposal is that we turn over our JAIBG grant to them in return for inclusion of Juvenile Accountability services. I recommend that we do this. Their plan does not address haw JA services would be accomplished, but I would ask them to provide contact at our location at least once a week. (Currently, aU JA contacts are handled at the Boise Gity Attorney's office in downtown Boise -not the best plan for inclusion of Meridian youth.} I would also ask that they provide on-site presence at our station four half-days per week, rather than two full days as proposed. It is beneficial to us to have legal guidance readily available to the officers. There are some benefits to seeking further cooperative agreements with Garden City, given our current quest to establish a fine collection officer. However, Garden City has limited lega{ resources, both in terms of number of attorneys and in experience. They propose to hire additional attorneys, but this puts us in the position of signing on with a firm and having little or no say in who actually provides the service. This was a significant issue in the criminal prosecution services provided by White Peterson. I see no reason to sign on to an agreement that has the same weakness. An additional factor is the cost - $80,000 per year more than Boise City's proposal. Foley Freeman did an excellent jab of addressing my major concern with them, that being the potential for conflict as they have been a significant defense presence in Meridian. I believe, however, that even if they abandon their defense practice, as fihey have committed, they still have a greater potential far conflicts than the other proposers, given the firm's history as a defense counsel. This would translate into an increased number of cases which would have to be prosecuted by other agencies, most likely Boise City or Garden City. Foley Freeman's bid was also the highest of the three submitted. CI~JIL I feel that both White Peterson and Bieter Werkh offer good proposals. Bieter Werth is the cheapest by $3,500 per month. Extra billables from Bieter Werth are also cheaper at $90 per hour vs. $100 (associate) from White Peterson. (This is based on White Peterson's proposal which does not include a Meridian location. While I feel that local access is very important for police officers seeking advice on arrest/detentioniwarrant situations, it is less important to mein civil issues.) However, White Peterson has been providing good service through Bill Nichols and they are familiar with current issues in Meridian. (1 should note here that I had many issues with the level and quality of prosecution service provided by White Peterson, but I have received excellent responses on civil issues ftom Biil Nichols and Julie Fischer.) I did not give serious consideration to the proposal from Sasser & Inglis since it appears they are not bidding a retainer price. i believe it would be cost prohibitive to pay per hour rates for all of our legal services. 9/27/22 CITY OF MERIDIAN CITY CLERK'S OFFICE TO: Mayor Corrie Council Member de Weerd Council Member McCandless Council Member Bird Council Member Nary ~--._ From: William G. Berg, Jr. ~%GC/ Date: Friday, September 27, 2002 Re: RFP for Legal Services After reviewing the RFP for legal services, I have the following concerns and comments. There are several issues, which will be determined by you to have more priority than others. Some of these have nothing to do with the ability of the firm to provide the service but to the circumstances at which you determine the level of service to which they will need to provide. Please understand that my comments may just be other perspectives to examine. Citv Prosecutor /Criminal Legal Services: Boise City ~ large base of experienced attorneys to perform service + team concept for covering service + awareness of municipal issues and concems + will try to provide communication link to city employees ^~ access from general public and citizens ? can meet budget limits + ^- conflict of interest with Bill Nary's employment and reviewing ? Foley, Freeman, Borton & Stern, Chartered limited staff but experienced attorneys to perform service awareness of municipal issues and concerns ? located in Meridian so access might be better to employees and general public (more of a concern and involvement for the community) + will not meet current budget limits Garden City ~ limited staff and indicated would have to hire additional people ? awareness of municipal issues and concerns + communication to employees ? access from general public and citizens ? can meet budget limits + Gity Attonnev /Civil Legal Services: Bieter Werth & Walker, PLLC limited staff to two experienced attorney to perform services team concept for covering services + aware of municipal issues and concerns + access to employees and general public ^~ can meet budget limits + Sasser & Inglis, P.C. staff with limited experienced attorney to perform services aware of municipal issues and concerns via ICRMP + access to employees and general public ? meeting current budget limits is questionable ? White, Peterson, Morrow, Gigray, Rossman, Nye &Rossman, P.A. large base of experienced attorneys to perform services + awareness of municipal issues and concerns + access to employees and general public -the Meridian location is good for access if the location is staffed with attorney +/- budget limits ? knows more of the internal issues -concerned about the additional costs for the additional services outside the retainer These are very brief comments but hopefully to the point. Thank you for allowing me to present them to you. ~„ MEMORANDUM CITY OF MERIDIAN C/TY CLERK'S OFFICE TO: Mayor Bob Corrie Council Member Tammy de Weerd Council Member Cherie McCandless Council Member Keith Bird Council Member Bill Nary FROM: William G. Berg, Jr. ~,(~~ DATE: Tuesday, September 17, 2002 RE: Update on RFP for Legal Services Yesterday my office received the following documents for the legal services RFP: 3 each for City Attorney /Civil Legal Sevices 3 each for City Prosecutor /Criminal Legal Services These bids will remain sealed and in my office until you decide the procedure to follow. Thanks. 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 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 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 5 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 SUBMITTAL 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 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 5 City of Meridian RFP No. 02-002 City Prosecutor / Criminal Legal Services III EVALUATION PROCE33 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 AGREEMENT FOR CITY PROSECUTOR /CRIMINAL LEGAL SERVICES This Agreement for City Prosecutor/Criminal Legal Services (hereinafter referred to S~` as "Agreement") is made this ~ day of ~ 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 response to Meridian's request for proposals, Boise, through the office of the 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 forproposals 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. Pursuantto 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 wi#ness 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. For the purposes of this Agreement, Boise shall carry the following types of insurance in at least the per occurrence limits specified below: Covera4e 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 Attorn~'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 attomeys' 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, withou# 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: By: ATTEST: CITY OF Sh~~~S~-~, ~ William G. Berg, Jr., Meridiar~Cl ~_ AGREEMENT FOR CITY PROSEC IDIAN STATE OF IDAHO ) ss. County of Ada ) On this ~ day of ©C~1-o6er , 2002, before me, a Notary Public, personally appeared Robert D. Cowie and ' ' 1rknown or identified to me to be the persons whose names are subscribe ~ i in ar~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 W~~~OF, I have he fi rst a Bove writte wa.•••~1CE•L : S •••i•~,. ~~~* i ~OTq~p~ 'ice ~ N _ ~ ~ ~ Y.' 7~ i SAVBLIC ••~~•.,'9T'••.....•••~O ~.~,,. ~4 ~. BOISE: '•..., of I~ ~,..• 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: affixed my o~'icial seal the day and year Public for Idaho ding at i a ~ ,Idaho Commission xpires: o y~,~o to y CITY OF BOISE By: AGREEMENT FOR CITY PROSECUTORlCRIMINAL 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 ro orals f City Prosecutor / The City of Meridian is requesting p p arms are Criminal Legal Services for the City of Meridian. 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 Ztieridian 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 ADVANTAGEOIIS 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 spe- cifically 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 5 City of Meridian RFP No.~02-002 City Ps'osecutor / Criminal Legal Service Award of Contract: It is anticipated that the City will contract with one person or a firm as needed for fiscal year 2002-03Weiah reciate possibility of continuing one (1) year extension(s). PP 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 SUBMITTAL RE(2UIREMENTS 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 S .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'" Services "RFP No. 02-002; City Prosecutor/Criminal Legal for the City of Meridian" II PROPOSAL FOEtMAT 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 suaamary 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 Heridian - RFP No. 02-002 City Prosecutor / Criminal Legal Services SECTION III Ability to Provide Responsive Services this proposal will, for the most part, with tight time frames. Please outline commitment for providing the necessary - The services anticipated by be requested on short notice your firm's approach and 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 relatireferred institutional client, type and manner of case referral, p 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 D. Other Recommendation • ~ Page 9 of 5 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 S City of Meridian RFP No. 02-002 City Prosecutor / Criminal Legal Services EXHIBIT "B" (Attach copy of Boise's Response dated September 16, 2002) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 14 BC-IS c i~ a F r x. ~~E ,,s, C~ffxc+e Of 'the G tr ~Qrn~y RESPONSE , ~,~ CF~~:1~,. SEP 1 G 200?. City of Meridiari City Clerk Office. RFP No. 02-002 City Prosecutor/Criminal Legal Services for The City of Meridian EXHBIT B .. ~~: LEGAL DEPARTMENT SUSAN LYNN MIMURA C[TY ATTORNEY September 16, 2002 Mr. Will Berg Meridian City Clerk 33 East Idaho Meridian, ID 83642 i11 B O I S E C I T Y O F T 0.E E S H. BRENT COLES MAYOR COUNCIL MEMBERS MIKE WETHERELL VERNON L. BISTERFELDT CCKINCIL PRESIDENT PAULA B. FORNEY M. IEROME MAPP ION MASON CC>l1NCIL PRO TEM CAROLYN TERTELING-PAYNE Subject: RFP 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 Pro'secutor/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 higli~uality 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 appendnc 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 • 208J384-3870 FAX 208/384-4454 • Art Equa! Opportunity Employer www.cityofboise:otg . ~ ...gb rrL~e ~. ~«rdN Mme. ~ . .. 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 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 SNIIJdq SIGNATURE PAGE Susan Lunn Mtmura Proposer Name Boise City Attorney Proposer Title Boise City Attorney's Office Proposer Firm 150 North Capitol Boise ID 83701-0500 Proposer Address 208/384-3870 & 208/384-4454 Proposer Telephone & Fax' Numbers 000022175 Federal Tax ID Number 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, orby 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/Plannin~ & 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 apart-time contract attorney. The team handles the criminal _ court calendars for Judges Minder and Swain. Its primary 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. Currently, the team has six attorneys and .~ three legal secretaries; however, the office would fill both an attorney and a legal ;~ i 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 thatprovides support to the office as a whole. 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-year cycle. The computers aze 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 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 calendazing 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, ~ all Idaho federal cases, the United States Supreme Court cases, and United States statutes. 4 ~ We also have many other electronic support systems, including facsimile machines, printers, aad j 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 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 consisteacy'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 i defendant and case. This access permits us to run reports to ensure that we have the most up-to- f date information oa 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 dcsktops. 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 Leval 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 infiactions, 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/Enterprisetenm 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 and 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 Victun/Witness services would include: • Timely contact with victuns (either by telephone or_ automated letter notice) by a vichm/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. ost - ~ 152 04 ~ 1Vionthl Installment ~ $12,670 a~ Annual C $_s~ Y . ~. OFtional 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 Cit} ,Boise City would cover the re~ ed 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, 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 aze familiar 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 are prepazed 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 may be particulaz 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 Chief need to be kcpt 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 on a monthly basis. As for other legal advice and guidance to the Meridian Police Chief, the Meridian Mayor, and the Meridian City Council with regazd 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 Tyke and Manner of Case Referral Upon execution of the contract, the Boise City Attorney's office would begin providing prosecutorial services as well as civilladministrative 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 Casets~-t ~osoon as the Clerk of theCourt County Clerks and can finalize arrangements so 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 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 Attorney's Office overall Department expenses over the last four years have been: Ezpenses 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. e0 onal os owthCtandal approach to law practice is unique and provides intellectual challenge, p ~ 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 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 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 aze 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 victimlwitness services as part of its package. Our victunIwitness 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/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 prepazed 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 aze handled in-house. The JA coordinator works with the juvenile and their parents to ensure that both aze 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 with~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 APPENDIX A Staff Qualifications Public Saferi/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 CityAttorneyBPD Legal Advisor J.D., Washington University School of Ldw, 1990 Assistant City Attorney, Boise City Attorney's Office, February 1996-Present Deputy Prosecuting Attorney, Ada County Prosecutor's Office, August 1990-Novcmber 1994 Volunteer Intern, King County Prosecuting Attorney's Office, Summer 1989 Urban Lave 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 AttomeyfTeam 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./NIBA., Willamette University, 1988 . Assistant City Attorney, Boise City Attorney's Office, March 2000-Present Associate Attorney, Ramis & 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 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 & Clark 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, Harris & Sutton, .March 1987-September 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 x.974 Litigation/Screeninrr 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 Law 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 Intern, Moscow City Attorney, January 1999-Apri11999 Extern, Office of the U.S. Attorney General -Idaho, May 1998-July 1998 Rwdall 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, 1994-1997 Deputy Prosecuting Attorney, Ada Couaty 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, Howazd & 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 >vxtern;.The Honorable Jim D. Pappas, Summer~1999 . .. 18 ~ .. 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 AssisCant, 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 Manager/Legal Secretary, O'Brien Law Office; May 1985-Apri11990 Legal SecretaryBookkeeper, McClain & Dowdall, November 1984May 1985 Legal SecretaryBookkeeper, Morales, Volinkaty & Harr, March 1979-November 1984 Legal Secretary, Tipp, Hoven & Skjelset, February 1978 February 1979 19 APPENDIX B Memorandum re ardin JAIBG Funds for Meridian 20° September 13, 2002 T~~: Matthew I-Iaynea, Juvenile Accountability Coordinator, Gity of Boise City of Meridian From: Justin Oliver Ruin, Association of Idaho Cities Inc: 2001 Juvertilc Accountability Ittccntive Blocl: Grant '1't~e purpose of this memo is to summarize conversations I have had with Allan Miller of the I?epartntcat of J~lvenile C:arrectiorts (IaJC) concerning the possibility of the Lily of Meridian waiving their 2001 Jt~I13G funds to the City of Boise for a juvenile accountability program. Miller said that such a waiver could still be accomplished for tltc 2001 !;rant, and that DJC would encoura;e such an arrangement so that the funds are ttlilizCd. Tlta City of Meridian will need to complete a waiver form, which must subsequently be accepted by the City oFl3oise. I f y ou have any further questions, do not hesitate to give me a call. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless V 1++~'>f~ CITY OF .~" ~ `~\ ~YlG~l~y! -~f ~, IDAHO j y /% Fc ~ e LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500•Fax 887-1297 BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 Keith Bird ~ R°r~TR .R y~~~~~903 PLANNING AND ZONING (208)884-5533 • Fax 888-6854 September 18, 2002 Ms. Susan Lynn Mimura Boise City Attorney's Office 150 N. Capitol Boulevard P.O. Box 500 Boise, ID 83701-0500 384-3870 fax 384-4454 Re: Request for Proposal for Criminal Legal Service Dear Ms. Mimura Thank you for responding to the City of Meridian's request for criminal legal services. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Monday, September 30, 2002 at 6:00 pm at the City Council Chambers at the Meridian City Hall. You will have 25-30 minutes for your presentation and 10-15 minutes for a question and answer period. The City Council asked that you provide professional courtesy and come only at your assigned presentation time. The Mayor and City Council may make deliberate a decision around 8:15 pm that same evening. If you have any questions concerning this presentation, please contact me as soon as possible. Sincerely ,e-,Gl/ William G. Berg, Jr. City Clerk 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 8848723 K RECEI~TEl~ SEP i 6 2x02 City of 1Vleridiaz: City Clexk C~fi~e CITY O F TREE S Office of The City Attorney RESPONSE RFP No. 02-002 City Prosecutor/Criminal Legal Services for The City of Meridian B O I S E ._ . LEGAL DEPARTMENT SUSAN LYNN MIMURA CITY ATTORNEY September 16, 2002 Mr. Will Berg Meridian City Clerk 33 East Idaho Meridian, ID 83642 '~~ r 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. B[STERFELDT COUNCIL PRESIDENT PAULA B. FORNEY M. JEROME MAPP JON MASON COUNCIL PRO TEM G~ROLYN TERTELING-PAYNE Subject: RFP 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 Equal Opportunity Employer www.eityofboise.org Printed on rccyclcd paper 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 experience with little disruption. Unlike many other bidders, we will not need to create protocols, processes, and new software 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, usan Lynn Mimura Boise City Attorney SML/dq SIGNATURE PAGE Boise City Attorney Proposer Title Boise City Attorney's Office Proposer Firm 150 North Capitol,_Boise ID 83701-0500 Proposer Address I ~ 208/384-3870 & 208/384-4454 Proposer Telephone & Fax Numbers 000022175-S Federal Tax ID Number Dusan Lynn lvumura Proposer Name 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/Screenin 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 that it performs the screening function for all incoming tickets and citations to determine whether to file criminal charges. Parks/Plannins & 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 apart-time contract attorney. The team handles the criminal court calendars for Judges Minder and Swain. Its primary 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. Currently, 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 a whole. 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 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 e-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 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 (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, 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 Responsive 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 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 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. 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 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/Enterprisetearn 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 and 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. Annual Cost - $152,040 Monthly Installment - $12,670 7 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 first offense. In order to implement this portion, Meridian City only would need to sign over its $11,708 JAIBG dollars to Boise City; 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, 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. l' 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 (i.e., appropriate report writing, appropriate investigation, etc.). While most criminal cases are routine, there maybe particular criminal matters that are considered "high profile" because they maybe 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 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 on 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 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 civil/administrative support for Meridian Police Chief would be assigned to the Public Safety/Enterprise team, 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 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-O1 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-O1 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 Attorney's Office overall Department expenses over the last four years have been: Expenses FY-98 FY-99 FY-00 FY-O1 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 Citv 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 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 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 f 1 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 witness services for felony cases were invaluable in assisting police to investigate violent and traumatic crimes. i1 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 with the court. As part of the diversion, the 13 APPENDIX A Staff pualifications 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, April 1998-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 AttorneyBPD 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 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 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 v 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 ofInterior-Indian Law Section, May 1999-August 1999 Legal Intern, Lewis & Clark Legal Clinic, August 1999-December 1999 Law Clerk, Schroeder Law Offices, May 1998-April 1999 16 R. Stephen Rutherford, Assistant City Attorney r`° 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, Harris & Sutton, March 1987-September 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/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 Law 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 ~7 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-April 1999 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, 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 Office, October 2000-Present Appellate Clinic Intern, University of Idaho Legal Aid Clinic, 1999-2000 Extern, The Honorable Jim D. Pappas, Summer 1999 18 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 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, April 1990-September 1993 Office Manager/Legal Secretary, O'Brien Law Office, May 1985-April 1,990 Legal Secretary/Bookkeeper, McClain & Dowdall, November 1984-May 1985 Legal Secretary/Bookkeeper, Morales, Volinkaty & Harr, March 1979-November 1984 Legal Secretary, Tipp, Hoven & Skjelset, February 1978-February 1979 19 APPENDIX B Memorandum regarding JAIBG Funds for Meridian 20 rr. .v ~~~.~ ... ~~ r . ..•• •rr.. .. v• ./ /• • ••..r 1 ll{1 llV• V'!'TVV 1 i Septc;mbcc 13, 2002 l 1 VL/ V[. To: Matthew I-Iayne,, Juvenile Accountability Coocdinalor, City of Baise City of Meridian Fr~~ii~: Justin sliver Ruin, Association of Idaho Cities I:c: 2001 ]uvenilc Accountability Incentive Blocl'; Grant 'J'he pElt'poaz of this memo is to stunmarize conversations 1 have had with Allan Miller of the 11el1artnient of Juvenile C:orrectiocis (pJC) concerning the possibility of the City of Mcridi~~n wttivin~ their 2001 JrlilaG funds to the City ofl3oise for a juvenile aCCOUltt3btlity prOpralTt• Miller slid that such a waiver could still be accomplished for tlic 2001 grant, and th~1t DJC would encourabe such an arrangentent so that the i'unds arc utilized. Tha City ofMeridian will need to complete a waiver form, which must subsequently be accepted by the City oFUoise. If you ]lave any further questions, do not hesitate to &ive me a call. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Ch M •C dless ~. =c >~~~~ ~:~:^ i • ~z £~ CITY OF ~~~~~~~~ - ~- ` ~, erl~l~n ~ ~ , ~~ i IDAHO j y ~/ Fc F LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500•Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 erte ~ an ~ a ~rw TR R vN~~ . ;SINCE PLANNING AND ZONING Keith Bird ;isos (208) 884-5533 • Fax 888-6854 September 18, 2002 Mr. Howard R. Foley Foley & Freeman, Borton and Stern, Chartered 77 East Idaho Avenue, Suite 100 P.O. Box 10 Meridian, ID 83680 888-9111 fax 888-5130 Re: Request for Proposal for Criminal Lega! Service Dear Mr. Foley Thank you for responding to the City of Meridian's request for criminal legal services. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Monday, September 30, 2002 at 6:45 pm at the City Council Chambers at the Meridian City Hall. You will have 25-30 minutes for your presentation and 10-15 minutes for a question and answer per+od. The City Counci! asked that you provide professional courtesy and come only at your assigned presentation time. The Mayor and City Council may make deliberate a decision around 8:15 pm that same evening. If you have any questions concerning this presentation, please contact me as soon as possible. Sincerely ,C~,Gf/ <~~ William G. Berg, Jr. City Clerk 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 884-8723 MEMORANDUM CITY OF MERIDIAN CITY CLERK'S OFFICE TO: City Council Members - FROM: William G. Berg, Jr. Tammy de Weerd Cherie McCandless Bill Nary Keith Bird ~~ DATE: Friday, October 25, 2002 RE: Agreements for Legal Services Please review the attached draft agreements for the City Prosecutor/ Criminal and the City Attorney /Civil Legal Services and return your comments to the Mayor by Tuesday, October 29th, 2002. Thanks. FOLEY, FREEMAN, BORTON & STERN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 EAST IDAHO HERITAGE BLDG., SUITE 100 MERIDIAN, IDAHO 83680 HOWARD R. FOLEY TELEPHONE: (208) 888-9111 MARK S. FREEMAN FACSIMILE: (208) 888-5130 JOSEPH W. BORTON WEB SITE: www.foleyfreeman.com FRANCES R. STERN DAVID T. KRUECK October 24, 2002 VIA PERSONAL DELIVERY Honorable Robert D. Corrie Mayor City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: City Attorney /City Prosecutor Contracts Dear Mayor Corrie: RECEI~TED oc~ 2 ~ 2002 City of Meridian City Clerk pffice Pursuant to my telephone conversation with Anita yesterday, enclosed for your review please find drafts of the proposed Agreement for City Prosecutor/Criminal Legal Services and Agreement for City Attorney/Civil Legal Services. For your information, neither White Peterson nor the Boise City Attorney's office have seen the contracts since I felt it was important for you and your staff to review them first. I look forward to receiving your comments at your convenience. ark .Freeman mfreeman@foleyfreeman. com MSF/kt Enclosures DRAFT .t~~(.~.L1 QT~D OCT 2 ~ Z002 AGREEMENT FOR CITY PROSECUTOR /CRIMINAL LEGAL SERVIC$5$Y~C e~rk pffice This Agreement for City Prosecutor/Criminal Legal Services (hereinafter referred to as "Agreement") is made this day of October, 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 of the 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 "Optional Legal Services" means and refers to on-call victim/witness services 24 hours a day 7 days a week and follow-up for all violent misdemeanor crimes. 2.4 "Primary Legal Services" means and refers to all of the following: 2.4.1 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 AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 2 MPD and the Boise Police Department; or initiated by Meridian, or involving the enforcement of Meridian's ordinances and/or Idaho State Law; 2.4.2 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; 2.4.3 Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving MPD concerning infractions and misdemeanors; 2.4.4 Coverage of Meridian's caseload in Family Violence Court; 2.4.5 Provide civil legal advice and guidance to the Meridian Police Chief and MPD; 2.4.6 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; 2.4.7 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; 2.4.8 Provide prompt written responses to Legal Information Requests approved by the Meridian Police Chief or from Meridian's Mayor or City Council; AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 3 2.4.9 Routine review and approval of all public records requests received by the MPD (or received by Meridian concerning police matters); 2.4.10 Provide Meridian with legal training on issues such as search and seizure, public record requests, and civil liability; 2.4.11 Provide further training of MPD personal on other needs (including those identified through the screening process) as requested by the Meridian Police Chief; 2.4.12 Provide MPD with regular legal bulletins, including relevant Idaho, U.S. Supreme Court, and the Ninth Circuit case law and decisions; 2.4.13 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; 2.4.14 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 by at the MPD facility two (2) afternoons per AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 4 week to perform 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; 2.4.15 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 2.4.16 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 Legat 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, AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 5 Meridian shall pay Boise the total sum of twelve thousand six hundred seventy and 00/100ths dollars ($12,670.00) per month. 4.1.1 Payment for Primary Legal Services shall be paid by Meridian to Boise or before the day of each 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 Optional Legat Services performed by Boise at the request of Meridian shall be paid at the rate of $50.00 per hour for services performed by , plus reimbursementfor mileage to and from the Boise City Attorney's office and all crime scenes and victims' locations which are located outside Boise City limits. 5 6 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. REPRESENTATIONS AND WARRANTIES OF Boise. Boise represents and warrants to Meridian as follows: 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 AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 6 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 authority to 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: Coverage 8 9 10 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. 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. TERMINATION. This agreement may be terminated upon mutual agreement of the parties. Meridian shall also have the right to remove Boise's appointment as AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 7 Meridian's attorneys in the manner as set forth in Idaho Code § 50-206 and terminate this Agreement, with or without cause, at any time upon thirty (30) days advance written notice to Boise. 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. 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 8 Notice to Boise: Boise City Attorney City Hall 150 N. Capitol Blvd. P.O. Box 500 Boise, Idaho 83701-0500 11.5 Paragraph Headinas. 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. Neitherthe 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 9 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: By: ATTEST: CITY OF MERIDIAN By: Robert D. Corrie, Mayor William G. Berg, Jr., Meridian Clerk AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 10 STATE OF IDAHO ) ss. County of Ada ) On this day of October, 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William Berg, known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. 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: BOISE: CITY OF BOISE By: By: ATTEST: H. Brent Coles, Mayor Its: STATE OF IDAHO ) ss. County of Ada ) On this day of October, 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 11 EXHIBIT "B" (Attach copy of Boise's Response dated September 16, 2002) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 13 r- L RESPONSE TO REQUEST FOR PROPOSALS RFP No. 02 -002 • CITY PROSECUTOR/CRIMINAL LEGAL SERVICES FOR THE CITY OF MERIDIAN - ~, ~~ ~,: t .~ ~ ~ ~. ~ ~ ;s SEP 1 ~ 2002 ~~ r City of Meridian • +City Clerk Office '; _ ~;~; Submitted By: FOLEY, FREEMAN, BORTON & STERN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW 77 East Idaho St., Suite 100 P.O. Box 10, Meridian, Idaho 83680 (208)888-9111 (phone) (208)888-5130 (fax) www.foleyfreeman. com gECEI~TED SEP 16 2002 TABLE OF CONTENTS ..-~ 'City of Meridian City Clerk Office ` ~ SECTION I: Cover Letter .............................................. 1 SECTION II: Available Staff and Equipment ............................... 3 SECTION III: Ability to Provide Responsive Services ........................ 6 SECTION IV: Cost for Services .......................................... 7 SECTION V: Description of Prior Experience ............................... 8 SECTION VI: Description of Service to the City ............................ 11 APPENDIX A. Resumes of Attorneys ........................................ 15 B. Letters of Recommendation ....................... ............ 23 FOLEY, FREEMAN, BORTON & STERN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 EAST IDAHO HERITAGE BLDG., SUITE 100 MERIDIAN, IDAHO 83680 HOWARD R. FOLEY TELEPHONE: (208) 888-9111 MARK S. FREEMAN FACSIMILE: (208) 888-5130 JOSEPH W. BORTON WEB SITE: www.foleyfreeman.com FRANCES R. STERN DAVID T. KRUECK September 16, 2002 Mr. Will Berg, Clerk City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Response to Request for Proposal RFP No. 02-002 City Prosecutor/Criminal Legal Services for the City of Meridian Dear Mr. Berg: Foley, Freeman, Borton & Stern, Chartered is pleased to present this proposal to provide prosecutorial and criminal legal services to the City of Meridian. For 24 years, our firm has practiced law in downtown Meridian,. initially in a small house located where City Hall presently sits and now on the first and third floors of the historic Heritage Building adjacent to City Hall. We have along-standing reputation of providing excellent legal services to all of our clients, and we believe a relationship with the City of Meridian would be mutually beneficial. We are an integral part of the Meridian _. community and have always had a strong desire to serve the City of Meridian in this capacity. Members of our firm have significant prosecution and criminal law experience. We also have experience responding to the immediate needs of governmental and municipal clients. We are confident that our firm is the best choice to provide the services outlined in your proposal. Page 1 of 23 .- ,-- , Mr. Will Berg, Clerk City of Meridian September 16, 2002 By awarding this contract to Foley, Freeman, Borton & Stern, Chartered the City of Meridian will get more than top-notch prosecutorial and criminal legal services; it will also get a partner in maintaining our community as a great place to live and work. Should you desire additional information, or wish to tour our office and meet our staff, please contact us and we will be glad to make. the necessary arrangements. We appreciate your consideration. Sincerely, FOLEY, FREEMAN, BORTON & STERN, CHARTERED By: ~~ Howard .~ Fol resident Page 2 of 23 ~, SECTION II: AVAILABLE STAFF AND EQUIPMENT Foley, Freeman, Borton & Stern, Chartered, currently has five attorneys and five support staff members. The attorneys whom we will assigned represent the City of Meridian in prosecution and criminal law matters have either previously represented municipal clients or have the - necessary related experience. Howard Foley gained extensive experience as a prosecutor during his service in the JAG corps of the U.S. Army. He tried more than 500 cases, including everything from disorderly conduct to murder. Mr. Foley supervised up to 10 prosecutors in his position as Chief of Military Justice for all Army posts in the state of Alaska. Mark Freeman has considerable experience as a municipal prosecutor. He served as Assistant City Attorney for Clinton Township, a Michigan community of approximately 85,000 residents, for three years. The position involved prosecuting infractions and misdemeanors and enforcing code violations. Joe Borton is an experienced litigator who has successfully tried numerous court and jury trials in both criminal and civil courts. He also has experience as appointed trial counsel in federal criminal matters. In addition to our key attorneys who will service this contract, Mrs. Kaylee Taylorwill 9 lead the support staff for this contract. Ms. Taylor is an exceptional legal assistant who was formerly employed with the Boise City Prosecutor's office. Her experience includes setting hearings, operating the AS400 computer system, assisting in the preparation of discovery and other criminal pleadings, preparing subpoenas, and other related duties. Mrs. Taylor Page 3 of 23 also worked on a "screening team" which involved processing all misdemeanor citations for Boise City as well as preparing Complaints for all non-cite, non-arrest police reports. Her experience with Boise City will be an asset to our firm's performance of criminal prosecution services for Meridian: Joe Borton will assume primary responsibility for prosecution forthe City of Meridian and will be the primary contact person for the City. Mr. Foley and Mr. Freeman will primarily act in supervisory roles. Kaylee Taylor will be the lead member of our support staff in servicing the contract. Our firm's philosophy, however, is based upon a team approach to meeting the needs of our clients. Therefore, all other attorneys and staff members will be available as needed to fulfill the contract. In addition, our firm is prepared to hire additional attorneys and/or staff members if needed. Our firm has state-of--the-art computer and technological resources to serve the City's legal needs in a timely and cost-efficient manner. Our computers are completely networked so every member of our staff can process documents, retrieve and exchange information, and communicate both through interoffice and Internet a-mail quickly and efficiently. The technical specifications of our current network are set forth on the following platform map, and a brief overview of our technical specifications are as follows: 1 Server: i Operating System: _' Email System: Firewall: Anti-Virus: Connectivity: Network Bandwidth: Work Stations: Compaq Proliant ML350 Windows 2000 Small Business Server Microsoft Exchange Server 2000 Microsoft ISA Server Norton Antivirus Corporate Edition 7.6 Cable One Cable Modem 10MB 24 Port Hub Cat 5 Cabling 10 Compaq Deskpro EP/SB Series Presario 6000R Page 4 of 23 r, Printers: HP5S1 Copier enabled printer HP8100 DN '" Word Processing: Corel WordPerfect Suite 8 MS Word Secure Remote VPN by Checkpoint Microsoft Outlook 2000 . ~ HP Fax Machine . -' Our cooperative agreement with Lexis legal databases grants us unlimited online access to hundreds of legal resources, including the following: Idaho Code (annotated) Idaho law review Idaho Administrative Code Idaho Supreme Court and Court of Appeals case law Ninth Circuit case law US Supreme Court case law United States Code Service Code of Federal Regulations American Law Reports Matthew Bender -Forensic Sciences Matthew Bender -Business crimes Matthew Bender -DUI prosecution Public Records disclosure law Our commitment to technology requires us to continually invest in the necessary upgrades and training to provide our clients with the best legal services possible. ;~ Page 5 of 23 . SECTION III: ABILITY TO PROVIDE RESPONSIVE SERVICES Our firm will make itself available at all times to the Meridian Police department, City Council, and the Mayor. Our team approach helps us to respond to the urgent needs of all of our clients, and we understand the particular responsiveness required by our larger corporate and institutional clients. In addition, ourtechnologicalvesources, including a-mail, cellular, and fax communications, will make us more readily accessible. Page 6 of 23 SECTION IV: COST FOR SERVICES Foley, Freeman, Borton & Stern, Chartered, offers to provide to the City of Meridian the general criminal prosecution services set forth in RFP No. 02-002 at the fixed rate of twenty four thousand dollars ($24,000.00) per month through fiscal year 2002-3. Process service fees, exhibit costs, subpoena and witness fees, and postage fees incurred during the normal course of providing the services set forth herein shall be itemized and billed to the City on a monthly basis. Any and all other legal services beyond the scope of general criminal prosecution services that are assigned to our firm by the Mayor and/or City Council shall be provided at an hourly rate not to exceed $125.00, which services shall be fully itemized and billed to the City on a monthly basis. Page 7 of 23 SECTION V: DESCRIPTION OF PRIOR EXPERIENCE A summary of the prior individual experience of the key individuals is set forth in Section II, above. In addition, the resumes included in the Appendix to this proposal outline the experience of all of the firm's attorneys. Each attorney in our firm either has prior prosecution or criminal law experience or has experience in other areas of the law which will be beneficial to the City. Our firm's senior partner, Howard Foley, has prosecuted hundreds of criminal cases with great success. Mr. Foley obtained convictions for a wide range serious crimes while he was a ~~ JAG corps officer in the U.S. Army. The supervisory experience that Mr. Foley obtained during his service in Alaska as Chief of Military Justice will assist in his supervision of the work to be performed for the City of Meridian. As the supervisor for all trial attorneys, Mr. Foley implemented case referral procedures and oversaw the development of case strategy for all prosecutions. In addition, Mr. Foley's current appointment as a Deputy Attorney General for the State of Idaho, Department of Health and Welfare, provides him with a wealth of practical experience in responding to the needs of a large institutional .: client. Mr. Freeman's success as a prosecutorfor a large municipality in Michigan was due, in large part, to the working relationship he developed with the law enforcement personnel and administration that he served. Through this experience, he learned firsthand the necessity of maintaining open lines of communication between a police department and its prosecutor. As the firm's primary contact for our representation of the Meridian School Page 8 of 23 District, Mr. Freeman also has considerable experience in meeting the legal needs that are peculiar to a large institutional client. Joseph Borton will bring litigation and criminal law experience to his service as prosecutor, and we believe that his dispute resolution experience will be equally beneficial. In his practice, Mr. Borton has been very successful in bringing cases to a swift resolution to the satisfaction of all parties without the need for a trial. We expect that this experience will result in the resolution of more cases to the satisfaction of the City short of trial. Frances Stern has specialized knowledge relevant to this contract. Mrs. Stern, a -- well-respected family law attorney and partner with our firm, has developed a strong reputation as a domestic violence victims' advocate. She is actively involved in the CASA (Court Appointed Special Advocates) program as a result of her knowledge and passion to protect the rights of victims of domestic violence. The Fourth Judicial District in which we sit now utilizes a single family law judge to handle all family law cases as well as domestic violence and protection order cases. Mrs. Stern's reputation and experience will make our prosecution efforts in the areas of domestic violence and protection order violations more productive and proficient. Mr. Krueck's litigation practice includes representation in criminal law matters. As such, Mr. Krueck possesses the knowledge and unique insight in how cases can be won or lost from the defense attorney's perspective. He will provide expertise in the area of search and seizure law, probable cause determinations, and DUI arrest procedures. In addition to our attorneys, our current dedicated staff of five legal assistants has the experience to support the firm's service to the City. As set forth in Section II, above, as Page 9 of 23 a result of her prior experience as a legal assistant in the Boise City Prosecutor's office, Mrs. Kaylee Taylor is expected to lead the support staff. Page 10 of 23 SECTION VI:DESCRIPTION OF SERVICE TO THE CITY Foley, Freeman, Borton, & Stern, Chartered, will provide the City with general criminal prosecution legal services in a timely, professional, manner and in accordance with the reasonable expectations of the appropriate City personnel. We are committed to providing the necessary legal personnel to complete the various tasks required of this contract. We see three main priorities for effective prosecution: general criminal prosecution duties, code enforcement, and public records reviews. One focus of our representation will be to provide the City, the Chief of Police, and related staff a single consistent point of contact for all prosecutorial needs. Although we intend to provide the City with a primary prosecutor, that does not mean that we intend for all of the required legal representation to be provided solely by the contact attorney. Our firm's attorneys and staff members work as a team; we are not a collection of lawyers with individual practices. We are a corporation that practices law as a cooperative effort. We believe that our prosecutorial approach will increase accountability, eliminate unnecessary turnover in personnel, and enable us to respond to inquiries from the Meridian Police a .Department, City Council, and Mayor in a more timely manner. Based upon our experience and recent discussions with our computer consultants, we believe that opportunities exist to further design and tailor our technological resources to respond to the needs of the City of Meridian. Because prompt communication with the police department is often critical, we see opportunities to provide periodic a-mail updates to the police department on important issues. We are also willing to conduct periodic Page 11 of 23 instructional or `refresher' seminars for police personnel on various topics as determined by the Chief of Police. Lastly, we will make dedicated cell phone and pager access available for communications between police department personnel and the Meridian City prosecutors. In addition to focusing on prompt access to legal counsel, we believe that a community prosecution strategy could be implemented to create an environment that helps to prevent crime from happening in the first place. The specifics of our proposed method of operations are as follows: • Continue to develop the prosecutor's personal interest in the Meridian community. A prosecutor develops a stake in a community by having direct contact with community residents through activities, events, and meetings and/or being assigned to handle cases exclusively from that community. Through this involvement, the prosecutor works to see the community succeed and flourish. A significant number of our attorneys and staff members live in Meridian, and they all have demonstrated a genuine devotion to this community. It is this devotion that leads each member of our firm into involvement in numerous civic organizations and volunteer groups, and which drives our firm's desire to represent the City of Meridian. • Cultivate a partnership with private and public associations. One of our goals is to team up with neighborhood organizations, local businesses, churches, schools, and other groups to assess crime issues, develop and implement cooperative strategies, and identify and obtain resources to help curb criminal activity in our community. Residents will be encouraged to take responsibility for their community. • Cultivate stronger communications with the Meridian. Police Department. Through the presentation of periodic seminars and training on current legal issues, and by providing legal "e-sheets" to the Meridian Police Department personnel, we will be able to foster a joint relationship which will be based upon dependable and prompt access to legal counsel. • Development of mechanisms for communication and feedback between the Page 12 of 23 prosecutor's office and the community. Our office will maintain communication with the community by alerting members to the types of crime problems reported and the strategies being implemented to address these problems. The community in turn, will be encouraged to provide any needed information to the prosecutor's office to assist in investigations and prosecutions. This may be accomplished through meetings with community groups, civic organizations, or a Q & A Internet message board. • Design along-term strategy for efficiency and accountability. These efforts must be viewed as long-term strategies to make them work and to maintain credibility among community residents. It is not ashort-term program, but a change in the way the City's prosecutors do business. • Evaluation. ~~ The efforts of the Meridian City Prosecutor should be periodically evaluated to determine if the activities or strategies: a) are being implemented properly; b) are achieving the desired results; and c) require modification. Although Foley, Freeman, Borton & Stern, Chartered has represented individuals and businesses in Meridian for over 24 years, we do not anticipate that our representation of the City in criminal prosecution matters will result in any significant conflicts of interest. We are legally and ethically committed to avoid representing parties with interests that are adverse to the City. Prior to accepting a new client or agreeing to represent an existing client in a new matter, we perform an extensive conflicts avoidance screening which allows J us to spot potential conflicts before they occur. Also, upon the acceptance of our proposal, our firm will decline all further representation in criminal defense matters. Although representation of clients in criminal defense matters in jurisdictions other than the City of Meridian is not expressly prohibited by the Idaho Rules of Professional Conduct for attorneys, we are committed to decline all future criminal defense representation to avoid Page 13 of 23 even the appearance of impropriety that can result therefrom. In summary, Foley, Freeman, Borton & Stern, Chartered, has the ability to provide excellent prosecution services to the City of Meridian a reasonable rate and in a manner which fosters accountability and consistent, successful results. The members of our firm each have a personal interest in the success of the City of Meridian because we work and/or live here and are proud of the City. Our unique desire to prosecute for our City is based upon a paradigm of civic pride and responsibility. We would be proud to provide prosecution services to the City of Meridian. Page 14 of 23 APPENDIX A. RESUMES OF ATTORNEYS Our firm currently employs five attorneys. Their resumes are contained in this Appendix. Page 15 of 23 FOLEY, FREEMAN, BORTON & STERN, CHARTERED HOWARD R. FOLEY MARK S. FREEMAN JOSEPH W. BORTON FRANCES R. STERN DAVID T. KRUECK Education ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 EAST IDAHO HERITAGE BLDG., SUITE 100 MERIDIAN, IDAHO 83680 RESUME OF HOWARD R. FOLEY University of Idaho (B.S.,1969; Juris Doctor, 1971) University of Virginia (M.L.T.,1972) Memberships TELEPHONE: (208) 888-9111 FACSIMILE: (208) 888-5130 WEB SITE: www.foleyfreeman.com • Admitted to Idaho State Bar, 1971 • Idaho and U.S. District Court, District of Idaho, 1972 • U.S. Court of Military Appeals, 1972 • U.S. Claims Court, 1994 • U.S. Court of Appeals, Ninth Circuit, 1994 • Idaho State Bar (Member, Commercial Law/Bankruptcy section) • Idaho Trial Lawyers Association • American Trial Lawyers Association Experience Currently attorney and shareholder of Foley, Freeman, Borton & Stern, Chartered, a Professional Service Corporation located in Meridian, Idaho. Emphasis in civil- and criminal practice including litigation, government affairs, business and corporate, education law, contract, commercial and bankruptcy law. 1996-present: Deputy Attorney General for the State of Idaho, Department of Health and Welfare. Duties include providing representation in child support and paternity matters, coordination with State Attorney General's office and Health and Welfare staff; representing the State of Idaho in courts located in Ada County in hundreds of cases. 1990: Appointed general counsel for Joint School District No. 2, located in Meridian, Idaho. Previous duties included providing advice to trustees, administration, and staff; conducting training and instructional seminars for staff on numerous issues, including privileged communications and public records disclosure, search and seizure, and student publications; and representing the District in certified and classified personnel grievance and judicial review matters. 1972-1976: Captain, JAGC, U.S. Army, Alaska. Positions included Senior Defense Counsel, Assistant Trial Counsel, Chief Trial Counsel, and Chief of Criminal Law Division for all Page 16 of 23 FOLEY, FREEMAN, BORTON & STERN, CHARTERED HOWARD R. FOLEY MARK S. FREEMAN JOSEPH W. BORTON FRANCES R. STERN DAVID T. KRUECK Education ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 EAST IDAHO HERITAGE BLDG., SUITE 100 MERIDIAN, IDAHO 83680 RESUME OF MARK S. FREEMAN Alma College (B.A.,1980) University of Toledo College of Law (Juris Doctor, 1983) Membershiys TELEPHONE: (208) 888-9111 FACSIMILE: (208) 888-5130 WEB SITE: ww~tvfoleyfreeman.com ~~ Admitted to Idaho State Bar, 1983 1 U.S. District Court, District of Idaho, 1983 • U.S. Claims Court, 1984 U.S. Court of Appeals, Ninth Circuit, 1994 ' Idaho State Bar (member, Real Property section) • American Bar Association (member, State and Local Government Law section) • International Municipal Lawyers Association, associate member • National School Boards Association, Council of School Attorneys Experience • Currently attorney and shareholder of Foley, Freeman, Borton & Stern, Chartered, a Professional Service Corporation located in Meridian, Idaho. Emphasis in civil practice including civil/business litigation, real estate, business and corporate, education law, and contract law. • 1991-present: Represent Joint School District No. 2, located in Meridian, Idaho. Duties include providing advise to trustees, administration, and staff; representation in classified employee grievance hearings and judicial review proceedings; drafting of district policies; and all matters relating to purchases of real property and construction of school sites, including preparation and review of contracts, advise regarding competitive bidding and award of procurement and construction contracts. 1988 to 1991: Attorney with law firm of Charles R. Towner and Associates, 37211 Harper, Mt. Clemens, Michigan 48043. Served as assistant township attorney for the Charter Township of Clinton, Michigan. Responsibilities included prosecution of infractions and misdemeanors, enforcement of code violations, and drafting of ordinances for municipality of approximately 85,000 residents. 1988 to 1991: Grosse Pointes-Clinton Refuse Disposal Authority, located in Clinton Township, Michigan. As co-counsel for a waste disposal facility comprised of five different municipality members, duties included providing representation to Authority Board of Page 18 of 23 Directors; drafting of refuse disposal agreements between the Authority and its member municipalities, negotiation and drafting of agreements between Authority and refuse disposal companies and landfills; assisting in drafting of legislation enacted by the Michigan Legislature regarding the disposal of incinerator ash. Current Community Activities • Boys & Girls Club of Ada County: Member, Meridian Project Advisory Board, 2001-present • Meridian Chamber of Commerce: Member, 1983-1988 and 1992-present; President, 1995 • Meridian School District, Public Relations Committee: Member, 1992-1995 • Meridian Rotary Club: Member,1992-present; Board member, 1996-2001; President, 2000 • Optimist Club of Meridian: Member, 1983-1988 and 1991-present • Meridian Kiwanis Club: Member, 1983-1987 • Meridian Troop 5 Boy Scouts of America: Committee member, 1997-2001 • Meridian Area Senior Citizen Association, Inc.: Attorney monthly volunteer,1993-present • Meridian Mayor s Ad Hoc Recreation committee: Member, 1996 • Meridian Mayor s Ad Hoc Transportation committee: Member, 1998 • Meridian Little League: Assistant Coach, 1993 • Meridian Police Activities League: Assistant Soccer Coach, 1998; Soccer Coach, 1999 • Meridian United Methodist Church: Member,1991-present; Finance Committee member, 1997; trustee, 1998 Page 19 of 23 FOLEY, FREEMAN, BORTON & STERN, CHARTERED ' ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 EAST IDAHO ~~' HERITAGE BLDG., SUITE 100 MERIDIAN, IDAHO 83680 HOWARD R. FOLEY ~' MARK S. FREEMAN JOSEPH W. BORTON FRANCES R. STERN - DAVID T. KRUECK RESUME OF FRANCES R. STERN Education _ University of Oregon (B.A.,1991) • Willamette University College of Law (Juris Doctor, 1994) Membershiys TELEPHONE: (208) 888-9111 FACSIMILE: (208) 888-5130 WEB SITE: www.foleyfreeman.com -- Admitted to Idaho State Bar, 1994 • U.S. District Court, District of Idaho Idaho Justice Center board member • Idaho State Bar (member, family law section, bankruptcy and commercial law section) Experience • 1998 to present -Attorney and shareholder at Foley, Freeman, Borton and Stern, Chartered, a Professional Service Corporation, with a practice emphasizing domestic relations, bankruptcy, and general civil business litigation. • Served as judicial clerk to previous Fourth District judges Alan Schwartzman and D. Duff McKee; responsible for drafting findings of fact and advising judges on applicable law through use of bench briefs. • Served as legal clerk at the Oregon Department of Justice. Primary duties at the Department of Justice included court appearances for pre-trial litigation, and responsibility for legal statements of opinion onpost-conviction litigation. Current Communi~ Activities • Meridian Chamber of Commerce: Member,1998-present • Soroptimist International, Meridian: Member,1999-present; Board member, 2001-present • CASA (Court Appointed Special Advocate Program): Volunteer attorney • Volunteer Attorney for Boise School District Attendance Court • Member, Board of Trustees, Congregation. Ahavath Beth Israel Page 21 of 23 FOLEY, FREEMAN, BORTON & STERN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 EAST IDAHO HERITAGE BLDG., SUITE 100 MERIDIAN, IDAHO 83680 HOWARD R. FOLEY MARK S. FREEMAN JOSEPH W. BORTON FRANCES R. STERN DAVID T. KRUECK RESUME OF DAVID T. KRUECK TELEPHONE: (208) 888-9111 FACSIMILE: (208) 888-5130 WEB SITE: z~w.foleyfreeman.com Education • San Francisco State University (Bachelor of Arts in History, with Honors,199~ • University of Idaho College of Law (Juris Doctor, with honors, 2000) Membershivs ' Admitted to Idaho State Bar, 2001 • U.S. District Court, District of Idaho, 2001 • American Bar Association, Section of Business Law and Real Estate Law • American Trial Lawyers Association • Idaho Trial Lawyers Association Experience • Foley, Freeman, Borton & Stern, Chartered, Meridian, Idaho, Associate Attorney. Position requires the responsibility to represent clients with a broad range of legal issues; duties include all aspects of civil litigation and criminal defense; drafting contracts and other transactional documents for businesses and individuals; bankruptcy and collections. • Clark and Feeney, Lewiston, Idaho. Legal Intern. Duties primarily involved assisting the attorneys with cases covering virtually all areas of law; in addition to writing inter-office memoranda, also drafted pleadings and briefs for the court, contracts and real estate transaction documents. • Tax Clinic University of Idaho College of Law, Moscow, Idaho. Legal Intern, August 1999 - May 2000. Internship allowed for the opportunity to practice law in the Federal Courts with a limited license under the supervision of another attorney; handled disputes clients had with the Internal Revenue Service; had the opportunity to argue cases before the Tax Court in Salt Lake City, Utah and Las Vegas, Nevada Current Community Activities • Member, Kiwanis International of Meridian • Meridian Chamber of Commerce: Member, 2001- present • Big Brothers/ Big Sisters mentor, 2001- present Page 22 of 23 B. LETTERS OR RECOMMENDATION Page 23 of 23 ~c~' ~ '~f ~ Prep°ring ~ Tc:~oy's ~ ~ O Students for N ~ • • a,ouenges. Tomorrows o, n t S c h oo I D S str ~ ct N o. 2 s~°~ ~°~~ ~~ 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 e~Fog/e, Mer~d~o SUPERINTENDENT ' Christine H. Donnell September 11, 2002 Mayor Robert Corrie Meridian City Council 33 E. Idaho St. Meridian, Idaho 83642 Dear Mayor Come and Council Members, In your consideration of legal services for the City of Meridian, it is my pleasure to write a letter of recommendation for the law firm of Foley, Freeman, Borton, & Stern. ' This firm has represented Joint School District No. 2 since 1991. They have provided quality professional work in the areas of, (but not limited to) contract negotiations, land acquisition, personnel grievances and Idaho code interpretation. They have been prompt and thorough in their research and advice. We have been well represented in formal and informal hearings, court proceedings and board presentations. Foley, Freeman, Borton & Stern Chartered has always been a strong supporter of the City of Meridian through involvement in the Chamber of Commerce and has continued to support the district with bond levies, school activities and volunteerism throughout the years. They have the resources to represent the city as a new client as well as continuing to provide quality service to all their clients. Please give Foley, Freeman, Borton, & Stern serious consideration in your selection of legal services. Sincerely, 'stine Donnell Superintendent August 30, 2002 Mr. Will Berg, City Clerk Meridian City Hall 33 E. Idaho Meridian, ID 83642 re: Letter of Recommendation To Whom It May Concern: This letter is to recommend the firm of FOLEY FREEMAN & BORTON, Chtd. for the City of Meridian's criminal case contract. I have had the opportunity to work with several attorneys employed by this firm, who also represent the State of Idaho as Special Deputy Attorneys General. I have witnessed the ability of this film to effectively represent the State of Idaho, Department of Health and Welfaze, in various legal actions including: child support - establishment, modification actions, and contempt actions. This firm provides prompt `. ~ professional service to the Department for those cases assigned. Those attorneys with whom I am familiar with, aze courteous and easy to work with. They aze also very knowledgeable in the administrative process, and in rule and law. I am also awaze that several attorneys in this firm are involved in their communities. This type of dedication speaks volumes as arole-model for good citizenship. This firm would be an asset to the City of Meridian. If you have any further questions, please do not hesitate to contact me. S Attorney at Law ISB# 6200 ~' I~ FARMERS ~ MERCHANTS ~ '~~II STATE BANK ~~ ~,r i f~ I 1. 703 E. 1sT .STREET August 30, 2002 ~ERIDIAN, ID 83642 TEL 208.888.1416 Subject: Foley, Freeman, Borton & Stern Chartered Attorneys FAX 208.888.1346 77 E. Idaho Ave Suite 100 ' wwcv.fmsh.com Meridian, Idaho 83680 !, ri °' ` E To Whom It May Concern: E:; Farmers & Merchants State Bank has engaged the services of Foley, Freeman, c' :~ `° w• E ~ ~ Borton & Stern on numerous occasions for over five years. The firm has been extremely attentive to the legal needs of the bank and has handled many ' b th 1' t d d t' Th firm has alwa s com leted its FRUITL;.NU GARDEN CITY MERIDIAN N ~~ bl ~ :~ vaned cases, o comp ica e an rou me. e y p work in a thorough, accurate, and timely manner. Farmers & Merchants State Bank plans to continue to work with Foley, Freeman, Borton & Stem Chartered Attorneys and would recommend them highly to anyone seeking legal counsel. f Teary Vice Presid t Manager city of Garden 6i 6015 Glenwood, Garden City, Idaho 83714 Phone: (208) 472-2900 • Fax: (208) 472-2996 'Nestled by me R~~er September 16, 2002 Mayor Robert D. Corrie Council President Tammy DeWeerd Council Vice President Cherie McCandless Council Member Keith Bird Council Member Bill Nary Chief of Police, Mike Worley Attn: Will Berg Meridian City Clerk 33 E. Idaho Meridian, Idaho 83642 REC~~~rEI~ SEP 1 6 2Q0~ City of IVleridiarx Cit~r Clerk O~fiGF Re: RFP No. 02-002; City Prosecutor/Criminal Legal Services for the City of Meridian Dear Ladies and Gentlemen: I was thrilled to hear that the City of Meridian has decided to put out a Request for Proposal for its criminal prosecution services. This is such a wonderful opportunity to expand the partnership we have begun with Fine Collections, and through a combination of resources make both our cities' prosecution teams more cost efficient and effective. Our two cities have outstanding police departments, whose dockets are ever-increasing and require prompt and effective legal representation. Two years ago, I came on board with Garden City with the goals of creating a unified and effective relationship with the Garden City Police Department, increasing the effectiveness of criminal prosecutions, and decreasing violence related offenses in our community. I am a strong advocate for law enforcement and I am proud to be representing one of the finest police departments in the state of Idaho. I also believe that all people should be treated with kindness and respect. These beliefs, coupled with a great staff, have translated into ahard-working legal department that has an effective working relationship with all other city departments, has a reputation for creating just results in its cases, and doing it with a smile on our faces. Currently in the year 2002, our office has 91% overall conviction rate on infraction and misdemeanors. More specifically, our DUI conviction rate is 99%, including reductions to lesser included offenses; and 92% of the time, the defendant is convicted of the RFP Proposal - 1 original charge of DUI. With regards to domestic violence related offenses, Garden City maintains a total conviction rate of 84%, 21% of those are to the original charge. Garden City's Legal Department and Police Department are committed to doing everything we canto steadily increase those numbers. In terms of Simple Battery charges, we currently have a 75% conviction rate, 56% of which are to the original charge. Garden City's Legal Department currently consists of two Idaho licensed attorneys and two very experienced legal staff members. As my attached resume indicates, I have practiced law in the state of Idaho for nearly nine years, five of which were in criminal prosecution. Paul R. Brindle, Deputy City Attorney, has been practicing law for over four years, with more than two years criminal prosecution experience. Pam Thomson, a legal assistant with our office, has held that same position with Garden City for fifteen years. Glaida Hinshaw, who does a combination of fine collections and legal assistance work has also been with Garden City for fifteen years, nine of which were with the police department. As I mentioned above, Mayor Ted E. Ellis and the City Council of Garden City see this RFP as perfect opportunity for both our cities to improve our abilities to effectively prosecute ever increasing criminal case loads. There are currently six, and with the newly forming Domestic Violence Court, seven magistrate courtrooms. By combining our resources we can meet these demands in a more cost efficient manner.. Thank you for your review of the following proposal, which I believe provides a convincing argument for a successful joint venture between our cities! Sincerely, Sandra A. Meikle City Attorney Enclosure RFP Proposal - 2 Section II As mentioned above, Garden City's Legal Department currently consists of two highly motivated licensed Idaho attorneys and two very experienced and loyal legal staff members. Sandra A. Meikle has practiced law in the state of Idaho for nearly nine years. Becoming Garden City's City Attorney was realization of her desire to combine the knowledge she attained through an undergraduate business finance degree and years of experience practicing law by managing Garden City's Legal Department. Over the past two years, She has successfully managed the legal department's budget and also served as the City's Risk Manager and Human Resource Director. Sandy's legal experience practicing in a variety of judicial forums has uniquely prepared her for her current position. When she was initially out of law school, she had the opportunity to work in a small law firm, which represented one of three parties involved a complex federal civil trial. From there, she spent three years prosecuting cases as an Assistant Boise City Attorney. During that time, she also handled several conflict felony cases for the Ada County Prosecutor's Office. Immediately prior to working for Garden City, Sandy worked for three years doing administrative litigation for the Idaho Attorney General's Office, which gave her the opportunity to be involved in state and federal courts, regarding criminal, civil, and administrative matters. Garden City may be a relatively small jurisdiction, but it has all the challenges associated with a large municipality. In the past two years, Sandy has consulted with the Chief of Police on all personnel matters, given advice on the handling of evidence and property disposition. Further, she has advised the P.D. on criminal procedures including search and seizure, and given advice to the police officers on potential liability and arrests during incidents as they were taking place in the field. Further, in conjunction with her deputies, she reviewed and filed all non-arrest complaints and public records requests. Soon after joining Garden City, she completed training courses in Managing Police Discipline and Officer Involved Fatal Incidents. Paul R. Brindle, Deputy City Attorney, has been practicing law for over four years, with over two years criminal prosecution experience. Similar to Ms. Meikle's path, Paul practiced for two years as an Assistant City Attorney for Boise City. He subsequently spent a year and a half clerking for the Idaho Supreme Court. During his time at Boise City, Paul was assigned to the Public Safety Team, whose clients were the Boise Police and Fire Departments. Paul also volunteered to act as attorney advisor to the Community Oriented Police (COPS) program, which required him to attend their briefings and provide them with legal opinions on a variety of issues. Paul also reviewed public information requests while filling in for the Police Attorney. As a law clerk for Justice Daniel T. Eismann, Paul briefed and provided interpretations on complex criminal issues of law such as search and seizure and evidence. Paul is happy to be back working with law enforcement. In fact, within his first month working RFP Proposal - 3 at Garden City, Paul went on two ride-alongs with Garden City Police Officers. Paul is a smart, hard-working attorney, who thrives on Garden City's fast paced criminal docket. Paul's background includes a term of enlistment in the U.S. Army as a paratrooper with the 82d Airborne Division, and three years in the U.S. Army Reserves as a drill sergeant. As his attached resume indicates, he graduated from Gonzaga University with a B.A. in Economics, and received his law degree from the University of Oklahoma in 1998. Pam Thomson, a legal assistant with our office has held that same position with Garden City for fifteen years. Pam is involved in all aspects of creating, processing and closing criminal files, maintaining a court calendar, issuing and responding to discovery requests, and preparing subpoenas. Glaida Hinshaw first served with the Garden City Police Department as an evidence technician. She also was responsible for using and maintaining the NCIC system. Since she transferred into the legal department, she has served primarily as our fine enforcement officer and evidence custodian, as well as a legal assistant. Since Glaida has in-depth knowledge of computer systems, she also provides additional technical for the legal department. We have just begun advertising for a second Deputy City Attorney and the Fines Collections Officer. If Garden City were to be awarded this contract we would instead hire two (2) Idaho licensed attorneys, and an additional legal assistant, as well as the fine collections officer. Consequently, the legal department would have a total of four (4) attorneys, three (3) legal assistants, and one (1) fine collections officer to meet the needs of both Meridian and Garden City. In terms of technical capabilities, as Garden City has its own network server, we have continuous on-line and a-mail capabilities and maintain access to the Ada County Criminal Justice System (AS400) criminal database, which is installed on every computer terminal in the office. Each employee has a Micron computer and a HP laser jet printer, all of which have been purchased in the last two years. The office also maintains a fax machine. Garden City contracts with a private firm for immediate technical support for all our computer systems. By the end of this month, we will also have purchased a new Digital Lanier copier for the department. Additionally, each attorney has a Motorola cell phones with Nextel radio network capabilities. If awarded this contract, the new employees would be similarly equipped. We have the Idaho Code in hard cover and CD ROM, as well as WESTLAW access for any legal research needs. Garden City is also in the process of adding the Ada County's New World System and Fine Enforcement Program, as well as Boise City's Victim/Witness Database. Garden City's Mayor and City Council have also approved funding to acquire new legal scheduling database software to more efficiently manage, record, and access the criminal docket. RFP Proposal - 4 Section III Since we currently represent a highly motivated and very proactive police force, we recognize the spontaneous nature inherent in criminal events, and law enforcement's need to quickly respond to those incidents. Consequently, the attorneys carry cell phones twenty-four hours a day, seven days a week. Our legal department is committed to doing everything possible to provide the most effective legal service possible to the other city departments. When a request comes in for legal advice, it is handled in a timely, responsive, and efficient manner. Further, as mentioned above, each attorney has a-mail access and will carry a cell phone when away from the office. The merging of Meridian and Garden City's resources to nearly double the number of prosecutors we each have individually, would significantly increase the amount of time each attorney would have outside of court, and subsequently increase our ability to quickly respond to any requests for advice. We recognize that on-site services will often provide the most effective means of communication, and this necessity will be accommodated. Garden City Hall's location is only minutes from Meridian. In an off-hour emergency, both attorneys currently reside in closer proximity to Meridian than the G.C. City Hall. In anon-emergency situation, it is anticipated that within twenty-four hours after a written request has come in for legal advice, a phone call or an e-mail response indicating the anticipated response time would generally be the most efficient and effective method of response given our separate locations. The Garden City Police Department is in a separate location from City Hall, so we have been operating under similar constraints for several years. Section IV As mentioned above, if Garden City were to be awarded this contract we would immediately hire two (2) more experienced Idaho licensed attorneys, and an additional legal assistant. Consequently, the legal department would have a total of four (4) attorneys, three (3) legal assistants, and one (1) fine collections officer, to meet the needs of both Meridian and Garden City. Part of the reason Garden City is able to attract competent and experienced prosecutors is that it offers competitive salaries, and provides its employees a comprehensive medical, dental and vision benefit plan through Blue Cross. As a municipality, our employees receive contribution to PERSI and have 401K options. Further, the annual dues for the Idaho State Bar and the Idaho Prosecuting Attorneys' Association memberships are paid by the City. Finally, Garden City provides funding for each attorney's annual Continuing Legal Education requirements. The City of Garden City can undertake Meridian's Criminal Legal Services for a total payroll and operational budget of $235,550. The method of billing can be discussed, but it is anticipated that Garden City would send Meridian a monthly invoice, with annual amount divided into twelve equal payments. RFP Proposal - 5 With regard to payroll, we would add two experienced attorneys at salaries of approximately $50,000 to $55,000 (depending upon the level of experience), with benefits of $14,600, and one paralegal, with a salary of up to $35,000, with benefits of $11,000. This will equate to a total payroll figure of $185,200. In terms of operational costs, Garden City will require a total of $50,350. This figure accounts for the management of more than double our current case load. This operational figure includes the following: Facility Expenses: 4500 Equipment: 12600 Furniture: 5500 WESTLAW /Books & Manuals: 3800 Files/Paper/Envelopes/Misc.: 3000 Business Cards/Letterhead: 1200 Postage: 1250 Random Drug Testing: 250 Advertising: 1000 Ada County Courthouse Parking: 900 Mileage: 3600 Travel Expenses: 3000 Dues and Memberships: 1150 Personnel Training: 2000 Telephone and Communications: 3000 Ada County Computer Services: 3600 Total Operations: $ 50,350 With this assimilation of Garden City and Meridian's resources, the increase in prosecutors would provide more efficient and effective multi-courtroom coverage. Further, the attorney's will have more out-of--court preparation time for cases and increased availability for immediate legal advice to police officers. The increase in attorneys and staff would also enhance efficiency in the scheduling of vacations and coverage for sick leave. Additionally, the pending addition of a Meridian and Garden City fines collections officer, allows for our combined team of legal assistants to devote more time to criminal case preparation and processing, as well as victim/witness coordination. Section V From a historical perspective, Garden City's legal budget has always been run in an exceptionally lean and efficient manner, as demonstrated by our proposal. The 2000- 2001 budget was $218,262, with four (4) employees. The 2001-2002 budget was $297,517, with five (5) employees. RFP Proposal - 6 As shown in Section II, given the clearly parallel operations of Garden City and Meridian, the transition to an integrated prosecution team should be a smooth one. Garden City has a seasoned legal team that has handled precisely the same types of legal issues that can be anticipated from the Meridian Police Department. In terms of fostering a relationship with an institutional client, most of the current City Attorney's career has been advising institutional clients. We all work for an entity, but how successful we are comes down to how effectively we can communicate with the people working in those entities. Face-to-face interaction is always preferred, with phone conversations being next in line. However, given our separate locations, it will be imperative for us to utilize the a-mail and facsimile technologies we have in order to most efficiently get the job done. It terms of case referral, we anticipate that the non-arrest cases will arrive on a daily basis for prosecutorial review, and the filing of a complaint with a warrants or summons. We will expedite the review and send a written response back to Meridian City indicating filing decisions and rational supporting those decisions. We currently enjoy a truly cooperative approach to this with our Garden City police officers, and anticipate that this would continue with Meridian. Any other type of case referral method can be determined jointly between our Cities in order to most effectively proceed with any particular case. In terms of case strategy development, our goal is to create justice. We accomplish this with a combination of highly effective police officers and prosecutors, working in concert, day by day, incident by incident, case by case. Given the level of talent in both of our entities, the merging of our efforts can only serve to make a positive impact on the citizens of both our communities. Section VI From Garden City's perspective, if the service isn't timely and professional, there really is no point to providing the service. Consequently, both parties need to clearly communicate each others needs and time constraints in accomplishing any task. The city attorney and deputies would be in close contact with Meridian's Chief of Police and police officers, as well as the mayor and city council, to constantly monitor the effectiveness of our process, so that we can meet and exceed Meridian's expectations. In the past, Meridian may have had to deal with private firms that were representing clients whose interests were adverse to the City's. That will not occur if Garden City and Meridian join forces. That is one of the prime advantages of the integration of our municipalities criminal legal efforts. Our interests are parallel and our goals are the same. Consequently, there will be no conflicts with prosecuting our combined criminal dockets and providing the necessary legal advice in the most cost effective and efficient manner. One of the reasons we are successful is our team approach. With the large number of talented people working together, between our legal staff and police department, we are always improving the manner in which we conduct business. We RFP Proposal - 7 look at this proposed joint venture with Meridian in the same way. Together we will be a highly successful team fighting and reducing crime in the state of Idaho! APPENDIX A. Resume of Sandra A. Meikle B. Resume of Paul R. Brindle RFP Proposal - 8 Sandra Ann Meikle 12708 West Avanti Street, Boise, Idaho, 83713 (208) 322-0750 Education Juris Doctor, May 1992 University of Idaho College of Law, Moscow, Idaho Bachelor of Science, Business Finance, 1989 University of Utah, College of Business, Salt Lake City, Utah Affiliation Idaho Bar Member, April 1993 Experience City Attorney -City of Garden City, Boise Idaho Manage the legal department, while personally responsible for handling a significant amount of the criminal docket. Serve as the City's Risk Manager and Human Resources Director. Handle all civil matters. Successfully litigated seven Planning & Zoning District Court cases. Completed training in Officer Involved Fatal Investigations and Managing Police Discipline. September 2000 -Present Deputy Attorney General -Office of the Idaho Attorney General, Division of Human Services, Boise Idaho Handled administrative litigation for the Division of Medicaid, including Fraud and Surveillance & Utilization Review actions, medical necessity determinations, and transportation appeals. Advised and assisted in negotiations with local health care associations to pass 1998 fraud legislation. Reviewed contracts. December 1997 -September 2000 Deputy City Attorney -Boise City Attorney's Office, Boise, Idaho Successfully prosecuted a large volume of misdemeanor and felony criminal cases, including fifteen jury trials. Won all appeals briefed and argued at District Court. Reviewed stalking complaints for filing. December 1994 -December 1997 Associate -James R. Gillespie, P.A., Boise, Idaho Handled all facets of civil litigation, including 2"d chair in a two month Federal Court contracts trial. Researched and briefed legal issues in real estate, sales contracts, worker's compensation, property and boundary disputes. Drafted and negotiated contracts. Generated several clients for the firm. October 1993 -October 1994 Legal Clerk -Hines Law Office, Chartered, Boise, Idaho Researched and briefed legal issues in the areas of civil procedure, tort damages, and personal injury litigation. June 1991 -August 1991 Bank Teller -Continental Bank & Trust, Salt Lake City, Utah June 1987 -September 1987 Resident Advisor -University of Utah Residential Living June 1986 -June 1987 Bank Teller -Valley Bank, Idaho Falls, Idaho June 1985 -August 1985 Assistant Legal Secretary -Valley Bank, Idaho Falls, Idaho June 1983 -August 1983 Interests My dog "Scout", tennis, golf, hiking, skiing and reading. PAUL R. BRINDLE 2969 E. Gold Creek Street Eagle, ID 83616 (208) 938-2652 EDUCATION Juris Doctorate, University of Oklahoma College of Law -May 1998 International Law Summer Program in Europe -June & July 1996 B.A., Economics, Minor, Political Science, Gonzaga University -May 1992 SHILLS Extensive Criminal Law Experience; Considerable Negotiation Skills; Excellent Legal Research and Writing Abilities; Computer Aided Legal Research; WordPerfect, Microsoft Word, Windows 98 & 2000; Proven Leadership Skills EMPLOYMENT HIGHLIGHTS GARDEN CITY ATTORNEY' S OFFICE, Garden City, ID July 2002 -Present Deputy City Attorney: Perform all aspects of misdemeanor criminal prosecution, including filing complaints, requesting and responding to discovery, suppression hearings, motion hearings, pre-trial hearings and jury trials. Respond to police officer inquiries regarding applicable laws and legal interpretations. Assist in training of officers in legal updates and procedures. IDAHO SUPREME COURT, Boise, ID December 2000 -June 2002 Law Clerk: Reviewed briefs, exhibits and transcripts for cases on appeal. Consolidated all pertinent information and arguments, and researched applicable legal principles. Drafted memoranda for review by Supreme Court Justices, which analyzed the arguments on appeal, and recommended how the Court should decide. Conducted research as directed by Justice Eismann. BOISE CITY ATTORNEY'S OFFICE, Boise, ID December 1998 -December 2000 Assistant City Attorney: Performed all aspects of misdemeanor criminal prosecution, including filing complaints, requesting and responding to discovery, suppression hearings, motion hearings, pre-trial hearing and jury trials. Participated in civil mediation hearings involving union disputes. Acted as Police Attorney, advising the Boise Police Department on legal issues. Was assigned as liaison between the City Attorney's Office and the Community Oriented Police Program, providing legal advice and expertise to the program director and the officers. NIEMEYER, ALEXANDER, AUSTIN & PHILLIl'S, Oklahoma City, OK November 1996 -July 1997 Legal Intern: Researched, wrote and filed petitions, motions and answers. Drafted and answered interrogatories. Investigated the background of persons involved and facts at issue in contested insurance claims. U.S. ARMY RESERVES, Spokane, WA May 1989 -July 1992 Drill Sergeant: Responsible for the welfare and training of sixty soldiers in all basic military skills. Provided counseling, guidance and leadership. Gave presentations and conducted classes. U.S. ARMY, Fort Bragg, NC October 1984 -October 1986 Airborne Infantry Soldier: Trained and functioned as a member of the 82na Airborne Division assigned to an infantry company. Received several awards and commendations. References Available Upon Request MAYOR Robert D. Come CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary ~, {_ n K' 1~':~ ~. . CITY OF *~~~ -~, h-- - _ ,~ eri~icn~~~~ ;, IDAHO ~.,~ /~ c LEGAL DEPARTMENT (208) 288-2499 •Fax 288-2501 PARKS 8c RECREATION (208 888-3579 •Fax 898-5501 PUBLIC WORKS (208) 898-5500 •Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 Cherie McCandless ero,. ,~ PLANNING AND ZONING Keith Bird ~~ Ta R yn~ sixce (208) 884-5533 •Fax 888-G854 I,190~ September 18, 2002 Ms. Sandra A. Meikle City of Garden City 6015 Glenwood Garden City, ID 83714 472-2900 fax 472-2996 Re: Request for Proposal for Criminal Lega! Service Dear Ms. Meikle Thank you for responding to the City of Meridian's request for criminal legal services. We appreciate your proposal and inv-te you and your firm to do a presentation before the Mayor and City Council on Monday, September 30, 2002 at 7:30 pm at the City Council Chambers at the Meridian City Hall. You will have 25-30 minutes for your presentation and 10-15 minutes for a question and answer period. The City Council asked that you provide professional courtesy and come only at your assigned presentation time. The Mayor and City Council may make deliberate a decision around 8:15 pm that same evening. If you have any questions concerning this presentation, please contact me as soon as possible. Sincerely ~~ William G. Berg, Jr. City Clerk 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 •Fax (208) 887-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 884-8723 /s ~ ~ it ~ ~ 3 t ~ ~ ~~l ii '.i / S / /~' ~r' "/ it lrr I CAR OLYN TERTELING-PAYNE MAYOR LEGAL DEPARTMENT ' P.OGEP. E. COCRERiLLE ~' r COUNCIL MEMBERS CITY ATTORNEY _ C i T 'r o f T R ~_ g M. JEROME MAPP COUNCIL PR'r_c~r)ENT VERNON L. EISTERFELDT t ~.UL,A E. FOP.NEY JON MASON MARYANNE JORDAN COUNCIL PRO TEbI ALAN W. SHEALY August 5, 2003 Mr. Will Berg -~-~ -_" Meridian City Clerk ~ ~ ~ 33 East Idaho ~-~ • , - , Meridian, tD 83642 ~~_~~ fj ~i; j~'~``"' _ ~±L_ _ ~.v Subject: City Prosecutor/Criminal Legal Services for Meridian City Dear Mr. Berg: Since we are more than halfway through our contract period with Meridian City for prosecution and criminal legal services, I thought this was an appropriate time to initiate discussions about a possible extension. Boise City has been very pleased with our cooperative venture in this area. We have successfully integrated Meridian's services into our current workload, with the addition of the staff described in the original proposal. After we assessed the initial impact, we also added another part-time prosecutor that was not contemplated in our original bid. At this point, I would recommend that the City of Meridian renew our contract to provide prosecutor/criminal legal services at an annual cost of $161,160 for the period from October 1, 2003, through September 30, 2004. This represents an overall bid increase of 6%, which includes both a 3% inflationary increase as well as the cost of the additional part-time attorney. Again, we propose that you opt to accept the expanded victim witness services at a slight inflationary increase. We also propose that you agree to sign over your JAIBG allotment to Boise City and provide aone-time match of $1,076 so that we could continue to provide juvenile accountability services. The details of our bid are included in the enclosed proposal. CITY HALL • 150 N. CAPITOL BOULEVARD • P.O. BOX 500 • BOISE, IDAHO 83701-0500 • 208/384-3870 FAX 208/384-4454 • An Equal Opportunity Employzr www.cityofboise.org Primed on recycled oaoer Q~ August 5, 200 Pace 2 I also have enclosed copies of our latest contract report for your Mayor and City Council. This information illustrates the services that we are providing to you and your citizens, provides specific statistical information, and lists our accomplishments since the last time we reported to you in February 2003. I hope you find this proposal satisfactory and look forward to your response. We would be happy to prepare a formal presentation for your Mayor and City Council if you so choose. In the meantime, it has been a pleasure working with your City on this contract, and I believe it has benef t~~l--be~l~t~e City of Boise as well as the City of Meridian. ~~'~incer ly, ~. Roger . Cocke ~ e Boise C ty Attorney REC/dq L ~^~~Li Enclosures CONTRACT EXTENSION - FY-2004 Prosecution and Criminal Le al Service for the City of Meridian Cost for Services The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primary Le6a1 Services Primary prosecutorial legal services include: • Prosecutorial intake screening and review of all police-generated reports and citations; • Timely filing decision and notification back to MPD and customer; • Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; • Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving MPD, including infractions, misdemeanors, and felony cases; • Coverage of the caseload in Family Violence Court. Primary civil legal advice and guidance to the Meridian Police Chief and MPD inchide: • Access to members of the Public Safety/Enterprise team for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under MPD's protocol; • On-site legal services by the dedicated assigned Police liaison attorney two 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 and property dispositions; • Superior legal training for Block Training, Advanced Academy, on search and seizure, public record requests, property dispositions, internal affairs, 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 include: Timely contact with victims (either by telephone or automated letter notice) by a victim/witness coordinator to advise of victim rights on all assumed 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. Annual Cost - $161,160 Monthly Installment - $13,430 Optional Services Boise City also provides two optional services to Meridian: • On-call victim/witness services (24/7) for both misdemeanor and felony domestic violence-related cases and any other violent crimes, including sexual assault, rape, etc. $52/hour + mileage* to and from the crime scene, victims' locations, or court °Mileage will correspond with the City of Boise's mileage rate (currently $0.0365/mile) Juvenile Accountability Services for all juveniles with first-time tobacco and alcohol tickets, including tvvo 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 signs over its $9,680 JAIBG dollars to Boise City and pays the required match of $1,076. Meridian's Match Payment - $1,076 FFY01 JAIBG dollars - $9,680** * `Federal dollars assigned from Meridian City to Boise City ~ a i ~ ~ ~ ~ ~ _ ,~ .r d Ql L ~ a w $ - ~ ~ 4 v ~ ~ Q c n W ~ .O M-SF- U N d O S. s O i - v a- O y G ' cU N ~- Q. (n O ~ V ~ N U ~ . ~ ~ a o ~ o r N H i ~ ~ .-~ S V ~ O ~- i i C V N y '~' CS Q ~ ~ u ~~o ~ ~~ o v } 01 0 ~ O _ 7 S -F L O O ~ ~ ~ p 4 - . Cf $ .~ ~ C3 > 'p O ~ ~ ~~ C3 ~ S Z3 y •y til C} ' i ~ V V ~ ~ CS } 01 ~ ~ ~ ~ ~ O ~ t ~ ~ N- ~_ N S ~ O Q ~ ~ y~ V t ~ y- S O ~. A N Y ' ~ ~ ~ •~ ~ d ~ O J Q _ O O ~ V C C3 i ~ :0 V o_ cs U to O V L ly ~ (Y 7 i ~ "~` ~ L } I- ••e • p•• • • O• • N u ~ O~j ~ y - ~ d ~~-- H ~ .Y ~ N O M~ V~' ~- o L ~-~~^~ o s o. ' V ~ a ~s~N~ u; ,, a ,~ - `- o m~ z~~o~ ~ VUZo_ a o ~ m ~ s ~ ~ ~ z m ~ y Q Q v a Ol + 0 ~ } C O ~ ~ r^ Z s } ~ L V V h . 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F ~ V a c V -a h O V •~ Ol vyi i d a ys ~~ +" a ~ c u i ~ ~ ~ C ~ U ~ } ~ ~ L.L / ~~/y/~~/ Y/ _p io N u ~ ~ ~ O } O V '~'- ~ 0 i a V •i Y/ N w~ a } ~ V ~ d L ~ } ~ y ~ Q CCQ ~ C } V '~' ~ LLJ ~ ~ .~ d ~ Q •~ ~ Y y Q O G L V 0? v° ; +~- ~ O Q ~ ~ ~ .i,~ u L .Q d } d } Q ~ ~ 3 6 ~ t ~ > Q ~ d ~ c C N •~ L L a o d `~'- 4' O U o H N O ~t' st p N N iS-- H d ~ ~ ~ o i- C1 ~ ~ N u ~ 3 h .L } O' ~ ~ s a ~ ~ .~ ~ i o tp G ~ Q ~ o -° z d 3 a ~ ~ ~ ~ ~ z G ~ a"a o a~ L = "~ Q O p S Q ~ ~ S ~ -~_ •~~N a V o -i _ v- a. 3 ~ ~ H O ~ ~ N Q ~ ~ • o H O y ~ i- ~ ~ L ~ 7 O ~ y ~ N ~ 'a ~ ~ U ~ N c ~ v °C ~ 3 .~ 0 +-.~~ y > a a~ ~ v VI d Q V L^r rT d ~ p ~ >. +- N 6 O a ~ v a 0 L ~ a t _~ 0 -°~ z ~ z > a L } a ° ~~ o m ~ ~ H V > ~ a a Y} 'u i t cs .~ '~~ ~ » In m° ~ H .~. ~ d' ~ If7 N N d- ~ ~ ~ i ~ O ~ a i a L N i i d c° 3 •> cn L 41 V j •> y i t ~ ~ ~ ~ _v d ~ ~ S 3 3 _~ ~ ~ _U ~ ~ ~ q ~ ~ U ~ } `~ 3 ~ ~ } Q i N O Q- ~ ~ ~ O } V ~ Cippvj .U ~ H .a ~pao, LS ~ ~ N G a v Q ~ p ~ ~ al O n- i N ~ i Q VJ i a _~ N ~S cn ~ ~ S H •U -Q ~ >. ~ d -~ cn ~.. ~ j~ O Q G V ~ ~ y S h C p ~ s ~ vai oii ~ _o ~ ~ +o- u Q Z3 O1 N S 'p '~ Q j~ Q N ~ Xy-~_"~CCL ~ '~Z3 ~ N ~ ~ ~ O +~ C~ ~ U N ' > o vi -F ~ N ~ ~ d hj ~ ~- N d H ~ Op ~D cry F'7 t U y 7 L ~ y } G Y d a N ~ i S Ol N ~ N ~ .~ ~ i a ~ ~ ~ ~ v o° r-i v u N ~ ~ ~ M ~ d; ~ .-r N tt) H u H Q /1~^ vI ~ V O i N h ~ M-- ~~ ~ h } ~ ~ ~ v ~ ~ 3 ~ ~ ci • . d d Q 0 V ,~ h ~ L V ~ O • V O +- } y V d ~ H ~ U ~ ~ ~ N N a a oi~i d V V RESOLUTION 17303 BY THE COUNCIL: ~ ~ `BISTERFELDT, FORNEY, MAPP, MASON ~,-~,. ~~` ;,_.SERTELING-PAYNE AND WETHERELL 1,1 1 `` i ~-/! ~~,s A RESOLUTION RATIFYIN.G..THE MAYOR'S SIGNATURE AND APPROVING THE AGREEMENT FOR TIDE AP1~OiNTMENT ~~ THE CITY OF BOISE LEGAL DEPARTMENT TO RCRFORM PROSECUTORIAL AND POLICE LEGAL ADVISOR DUTIES FOR THE C(TY'OF MERIDIAI`!f~-%X D PROVIDING AN EFFECTIVE DATE. ~. _ `" _- _ WHEREAS the City`b~~X1,A ~ 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 ~ ~ ,~ ,''~ ; ?J ,~ .~ i _~ - _ ~m a ..p a~ ~~-210.55105 ''~ ~ 4lr~~ CAROLYN TERTELING-PAYNE i 1 MAYOR LEGAL DEFARTMENT , - ~ ' COUNCIL MEMBERS ROGER E. COCKERILLE ` CITY ATTORNEY c I T v o f T R E E s M. JEROME MAPP VERNON L. BISTERFELDT COUNCIL PRESIDENT PAULA B. FORNEY JON MASON MARYANNE JORDAN COUNCIL PRO TEM ALAN W. SHEALY August 5, 2003 Mr. Will Berg ~~ p ~ ~~~~ Meridian City Clerk 33 East Idaho Ci=-~~~ OfA ~~;;r,-;~«s, Meridian, ID 83642 ~ryiry' Cleric t~-~~ce Subject: City Prosecutor/Criminal Legal Services for Meridian City Dear Mr. Berg: Since we are more than halfway through our contract period with Meridian City for prosecution and criminal legal services, I thought this was an appropriate time to initiate discussions about a possible extension. Boise City has been very pleased with our cooperative venture in this area. We have successfully integrated Meridian's services into our current workload, with the addition of the staff described in the original proposal. After we assessed the initial impact, we also added another part-time prosecutor that was not contemplated in our original bid. At this point, I would recommend that the City of Meridian renew our contract to provide prosecutor/criminal legal services at an annual cost of $161,160 for the period from October 1, 2003, through September 30, 2004. This represents an overall bid increase of 6%, which includes both a 3% inflationary increase as well as the cost of the additional part-time attorney. Again, we propose that you opt to accept the expanded victim witness services at a slight inflationary increase. We also propose that you agree to sign over your JAIBG allotment to Boise City and provide cone-time match of $1,076 so that we could continue to provide juvenile accountability services. The details of our bid are included in the enclosed proposal. CITY HALL • 150 N. CAPITOL BOULEVARD • P.O. BOX 500 • BOISE, IDAHO 83701-0500 • 208/384-3870 FAX 208/384-4454 • An Equal Opportunity Employer www.cityofboise.org Prin[ed on recycled paper g~ August 5, 2003 Page 2 I also have enclosed copies of our latest contract report for your Mayor and City Council. This information illustrates the services that we are providing to you and your citizens, provides specific statistical information, and lists our accomplishments since the last time we reported to you in February 2003. I hope you find this proposal satisfactory and look forward to your response. We would be happy to prepare a formal presentation for your Mayor and City Council if you so choose. In the meantime, it has been a pleasure working with your City on this contract, and I believe it has benefit e~k-~e City of Boise as well as the City of Meridian. ~--~ Roger . Cocke ' e Boise C ty Attorney REC/dq Enclosures ~~~ CONTRACT EXTENSION - FY-2004 Prosecution and Criminal Le al Service for the City of Meridian Cost for Services The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primary Leal Services Primary prosecutorial legal services include: • Prosecutorial intake screening and review of all police-generated reports and citations; • Timely filing decision and notification back to MPD and customer; • Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; • Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving MPD, including infractions, misdemeanors, and felony cases; • Coverage of the caseload in Family Violence Court. Primary civil legal advice and guidance to the Meridian Police Chief and MPD include: • Access to members of the Public Safety/Enterprise team for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under MPD's protocol; • On-site legal services by the dedicated assigned Police liaison attorney two 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 and property dispositions; • Superior legal training for Block Training, Advanced Academy, on search and seizure, public record requests, property dispositions, internal affairs, 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 include: • Timely contact with victims (either by telephone or automated letter notice) by a victim/witness coordinator to advise of victim rights on all assumed 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. Annual Cost - $161,160 Monthly Installment - $13,430 Optional Services Boise City also provides two optional services to Meridian: • On-call victim/witness services (24/7) for both misdemeanor and felony domestic violence-related cases and any other violent crimes, including sexual assault, rape, etc. $52/hour + mileage* to and from the crime scene, victims' locations, or court *Mileage will correspond with the City of Boise's mileage rate (currently $0.0365/mile) 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 signs over its $9,680 JAIBG dollars to Boise City and pays the required match of $1,076. Meridian's Match Payment - $1,076 FFY01 JAIBG dollars - $9,680** **Federal dollars assigned from Meridian City to Boise City i u ~ ._ ~ _ ~ ~ ~~. L~ u ~ ~ M ~, O V ~~ '~ ~ - ~ ~ N of ~~` .,~= ~~ v~ -J r ~ =' ;~ ff ~'! .E*.~ ,,, r ~ `~3 • T: ~~ ` ~' "~~ ~+ ~ O ~ ~ ~ ~~ 4 ~S ^~ e ~~ 'zR ~~~~ d ~^^ ii m //~ if. V V a V' o°'.o Q } C d (i] II. N Q d u _ vim- o d d ~ d 'O Z1 L i O 01 i L L ~ U ~ ~ ~ ~ 4- y O O N ~ L rn o ~ .~ ~ ~ ~ Q .~ ~ .~ .~ ~ O G d .u ' ~ ~ ~ ~ ~ ~ ~ CT ~ N y ~ 7 ~ '~ V ~ ~ ~ Ol H ' ~Ia ° O v -~ . m L i T L ~ ' d V O) N- S of i' S •~ v } d N ~ u ~- O O Ol ,~ s 01 ~ ~- a 4- S o C O ~- L . O o o ~ ~ L L _ d > ~ S ~ y '~ ~- N ~ } d '~ ~ ~ N u .~ ~ o Q ~ ~ O ~ S ~-~ V a v to V L 0 ~- m d i O O p~ /N d y 7 ~ O h U_ _N o -~ a O i ~ ~ ~ U ~ ~ O ~ oQi d ~ } ~ O U } ~ o _v ~ H d d {' ~ ~ O O 3 + ~_ ~ ~ ~ N L t~ ~~ } Q v U d ~_ _ ~ '~" WJ Y = ~ OM~~ ~~,_ ...!~ O O i d O M~ V ~ oV~~r, p~^ W aQ Y--°voD CAI. cA+ L N ~ V ,a_T+ ~ N ~ ~ Z ao U o~~ ~ ~ ~ m s ~ m. a M ago W 0 a V .~ i `~C ~- i a •V i Y/ N wo a° ~, N "fit Q ~ ~ } C 'L ~ ~ =' ~ c ~ s 7 3 ~ ; UI Z S u u m v, t~"` n to u v ° . v v o ~ ~ ~ } d ~~°~ ~ 3~ O O C ~ ~ V V ~ > (~ .~ N cn L N yj > v d ~ v } } ~ v Q~~aca ~~'v°-~ ~ a =o~` o o ao ~~`~- d N L ~ O S } ~ ~ 'L Ov~H~~i Cj ~„ ~ ~ o- o~r~oN N LL ~ ~ ~ O .a o ~ ~ ~ ° ° ~ ° v ~=2 I- H ~_ ~ d V N L } ~ } N ~ Q CCv ~ G i V N °' w .~ ~ ~ .~ ~ ~ ~ - N Q h N Vf Y ~ o ll~ } V r W V ~ } ~ °~ 'a L : ~ ,V L ~ d ,o a } Q Ol S t C3 d ~ ~ i O y ~ ~ VI ti O N u H ~ 3 .L } o ~ ~ S ~ ~ H i .N a d Q ~ ° -~ i o~ 3 n- ~ ~ ~ ~ ~ h ~ i Ol Q N i Q U y ~ +' ~ O O -~ Q ~ s ~ ~ ~ _a d- c V c ~_ fV h a z 3 d ~ ~ ~ ~ '~^~it-~iO~C h ~ y Q ~ h O1 y O y ~," {- N N i ~ 7 O h i Q ~ ~ ~ v° ~ d a ~ a °C ~ 3 •~ 0 ~ .~ ~,>a a ~ -~ i i 01 ~ ~ ~ a~- O i ~ o a- }' t i ~ U d O ~v } o rn p ~ ~ p a a m w 4- .~ s p ~ o o r-~ V > 0 i a ~ ~ G a Y '~ •V 7 t 0 0 0_ } a a ~~ a ~ > > In [D ~ H H ~ ~ I~ in N .-. N .-~ d } ~ i ~ O L ~ a i ~ L ~ d ~ ~ oLi v ~ '> ~ i } y ~ } ~ _U O1 ~ ~ S ~ ~ ~? s -~ 3 e- ~ ~ _U y } ~ y ~ °~ v z ~ M ~ ~ ~ t d i H O a ~ a ~ i F- v .n' ~ o~ M _V ~ ~ H S ~ ~ ~ ~ ~ N ~ L ~ C ~ _ ~ ~ C ~ ~ O~ Ol O L CJ L N ~ ~ ¢ Vl ~ ~ L y O ~ ~ ~ ~ ~d ~ 7 d ~ ~ 3 ~ -~ d ~ ~ ui ~ n- d a CV Ifl ~ d to ~ •~-~ Q ~ d ~ ~- ~ '~ O U ~ Q '~ ~ N a. v~ } _ ~ ~ o- a U L ~ ~ S h u m S ~ ~ O m a ~ ~ } ~ ~ ~ O U ¢ 't3 ~ V O O T3 C ~- ~ d t a t v Q ~ °~ a~ w -~ 'L i- d u 'tf ~ ~ N "C7 V y N ~ ~ ~ ~ o O ~ ~ ^ ~ v N ~ ~ . p j H ~ -~ ~ ~ ~ ~ N '[3 d O ~ u ~ p[ d > I-7 ~ n- N - - N h ~ ~ M 00 ~ '-' L N ~p ~ ~ ~ ± ts ~ Q h ~ +- ~ ~ N Q i-- ~ N V y ~ ~ d ~ ~ ~ ~? ~ ~ ~ a a N o a ~ to L O1 } (L • • • ~ ~ • • v o H O U ~'°' DAVID H. BIETER ''~ MAYOR f41~~ COUNCIL MEMBERS LEGAL DEPARTMENT ~ ® T C~ ~ M. JEROME MAPP VERNON L. BISTERFELDT 1. J COUNCIL PRESIDENT ELAINE CLEGG C I T Y O F T R E E S MARYANNE JORDAN DAVID EBERLE COUNCIL PRO-TEM ALAN W. SHEALY June 16, 2004 Mr. Will Berg ~~~~~~ Meridian City Clerk 33 East Idaho _~ m ~ ~N 1 $ 2004 Meridian, ID 83642 City of Meridian City Clerk Offic:s' Subject: City Prosecutor/Criminal Legal Services for Meridian City Dear Mr. Berg: As part of Boise City's budget process, we have finalized our proposal for another extension to our Meridian City contract for prosecution and criminal legal services. Boise City has been very pleased with our cooperative venture in this area. We have successfully integrated Meridian's prosecution services into our current workload. We also continue to offer expanded legal services to the Meridian Police Department, including training sessions, case updates, and miscellaneous resolutions and ordinances. This year, we propose to increase the part-time legal secretary's hours from 20 per week to 25 per week to provide additional assistance to the Meridian police attorney. I would propose that we renew our contract with the City of Meridian to provide prosecutor/criminal legal services at an annual cost of $172,440 for the period from October 1, 2004, through September 30, 2005. This represents an overall bid increase of 7%, which includes both a 3% inflationary increase as well as the cost of increasing the clerical hours. We propose that you opt to continue the expanded victim/witness services at no additional cost. The details of our bid are included in the enclosed proposal. I hope you find this proposal satisfactory and look forward to your response. In the meantime, it has been a pleasure working with your City on this contract, and I look forward to continuing a relationship that benefits both the City of Boise as well as the City of Meridian. Sincerely, Dougl 's K. Strickling Acting Boise City Attorney dq Enclosure CITY HALL • 150 N. CAPITOL BOULEVARD • P.O. BOX 500 • BOISE, IDAHO 83701-0500 • 208/384-3870 FAX 208/384-4454 • An Equal Opportunity Employer www.eityofboise.org ~i Printed on recycled paper ~i CONTRACT EXTENSION - FI'-2005 Prosecution and Criminal Legal Service for the City of Meridian Cost for Services The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primary Legal Services Primary prosecutorial legal services include: • Prosecutorial intake screening and review of all police-generated reports and citations; • Timely filing decision and notification back to MPD and customer; • Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; • Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving MPD, including infractions, misdemeanors, and felony cases; • Coverage of the caseload in Family Violence Court. Primary civil legal advice and guidance to the Meridian Police Chief and MPD include: • Access to members of the Public Safety/Enterprise team for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under MPD's protocol; • On-site legal services by the dedicated assigned Police liaison attorney two 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 and property dispositions; • Legal training on search and seizure, public record requests, property dispositions, internal affairs, 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 include: • Timely contact with victims (either by telephone or automated letter notice) by a victim/witness coordinator to advise of victim rights on all assumed 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. Annual Cost - $172,440 Monthly Installment - $14,370 Optional Service Boise City also provides an optional service to Meridian: • On-call victim/witness services (24/7) for both misdemeanor and felony domestic violence-related cases and any other violent crimes, including sexual assault, rape, etc. $52/hour + mileage to and from the crime scene, victims' locations, or court *Mileage will correspond with the City of Boise's mileage rate (currently $0.0365/mile)