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Home My WebLink About1999 RFP Legal Services and Attorney RepresentationCITY OF MERIDIAN, IDAHO REQUEST FOR PROPOSALS AND QUALIFICATIONS FOR LEGAL SERVICES /ATTORNEY REPRESENTATION The City of Meridian, Idaho is requesting and accepting statements of interest, qualifications and proposals for legal services at the office of the City Clerk, 33 East Idaho Avenue, Meridian, Idaho 83642, until 5:00 PM, prevailing local time, September 21, 1999. This is a request for legal services and attorney representation for the City of Meridian in criminal and civil matters for fiscal year 2000. Responses at a minimum must include the following information: 1. Firm's legal name, address and telephone number. 2. Experience and qualifications (resumes) of key personae! to be involved with this service. 3. History of the establishment of the firm. 4. Description of the firm's most relevant or similar experience. Firms shall submit six copies of their statements of interest, qualifications and proposal. Interviews may be conducted to further evaluate interested firms. Those interviewed maybe asked to provide additional information. Questions regarding this proposal shall be directed to the City Clerk's Office at (208) 888-4433 or fax (208) 888-4218. The City reserves the right to reject any and all proposals. DATED this 13th day of September, 1999. William G. Berg, Jr. - Cit I Publishing date of September 15, 1999 ,,~ ~. :* (~ Fy'' ~~ ~ ~ +. ~~,T '~j ~~ ~~~~r~r~n:a rt~t~~~~~ q it ., r r' r _~ -, City of Mer Attorney Contract Proposal Submitted by White, Peterson, Pruss, Morrow & Gigray, P.A. September 21, 1999 /= /~ ~~- EcE~E S E P 2 1 1999 CITY OF iV1ERIllIAN ~~~~~~ idian 1~Y~~'~~ REcE'~D S E P 2 1 1999 CITY (~~' ~~:~.~~~~tIDL9:i~ RESPONSE TO REQUEST FOR PROPOSAL FOR LEGAL REPRESENTATION CITY OF MERIDIAN SUBMITTED BY: FOLEY & FREEMAN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW 77 E. IDAxO ST., SUITE 300 MERIDIAN, IDAHO 83680 (208) 888-9111 SEPTEMBER 21,1999 1 ~C~O ~~ ~EcE~~~ S E P 2 1 1999 CIT`' ~~' ~~~~~~~~~)~:~~ ~~~z HAMILTON, MICHAEL S ON & I-IILTY, LLP 133 12th Avenue Road Nampa, Idaho 83686 CITY OF MERIDIAN, IDAHO Proposal for Legal Representation Carl D. Hamilton* Terry Michaelson* Mark Hilty* Tiffany Hales Timothy L. Fleming R. George DeFord, Jr. Lori Buffington (admitted to California Bar) SEP 21 '99 17 06 PAGE.02 MEMORANDl1M TO: Mayor Corrie Councilman Rountree Councilman Bentley Councilman Anderson Councilman Bird ~~~~ FROM: William G. Berg, Jr. ~%u/ DATE: Tuesday, September 29st, 9999 CITY OF MERIDIAN CITY CLERK'S OFFICE RE: Response to Request for Proposal for Legal Representation Enclosed are the three (3) responses that 1 have received on Tuesday, September 29st, 9999 by 5:00 PM. Please let me know when you would like to meet to discuss this issue or have a formal presentation by the applicant. Thank you. CITY OF MERIDIAN, IDAHO REQUEST FOR PROPOSALS AND QUALIFICATIONS FOR LEGAL SERVICES /ATTORNEY REPRESENTATION The City of Meridian, Idaho is requesting and accepting statements of interest, qualifications and proposals for legal services at the office of the City Clerk, 33 East Idaho Avenue, Meridian, Idaho 83642, until 5:00 PM, prevailing /oca! time, September 21, 1999. This is a request for legal services and attorney representation for the City of Meridian in criminal and civil matters for fiscal year 2000. Responses at a minimum must include the following information: 1. Firm's legal name, address and telephone number. 2. Experience and qualifications (resumes) of key personnel to be involved with this service. 3. History of the establishment of the firm. 4. Description of the firm's most relevant or similar experience. Firms shall submit six copies of their statements of interest, qualifications and proposal. Interviews maybe conducted to further evaluate interested firms. Those interviewed may be asked to provide additional information. Questions regarding this proposal shall be directed to the City Clerk's Office at (208) 888-4433 or fax (208) 888-4218. The City reserves the right to reject any and all proposals. DATED this 13th day of September, 1999. ,~ ~ u William G. Berg, Jr. - Cit I Publishing date of September 15, 1999 ~`1t~,~~'~~v ees ~ e rr~~t, p'r ~r'~r M. 1t ' i ~~~ ~ .v rt i ~ AA~ ~ ' ~ `ii V ~~~~~>>y~~r, t;ctt~~~~~ CITY OF MERIDIAN, IDAHO REQUEST FOR PROPOSALS AND QUALIFICATIONS FOR LEGAL SERVICES /ATTORNEY REPRESENTATION The City of Meridian, Idaho is requesting and accepting statements of interest, qualifications and proposals for legal services at the office of the City Clerk, 33 East Idaho Avenue, Meridian, Idaho 83642, until 5:00 PM, prevailing local time, September 21, 1999. This is a request for legal services and attorney representation for the City of Meridian in criminal and civil matters for fiscal year 2000. Responses at a minimum must include the following information: 1. Firm's legal name, address and telephone number. 2. Experience and qualifications (resumes) of key personnel to be involved with this service. 3. History of the establishment of the firm. 4. Description of the firm's most relevant or similar experience. Firms shall submit six copies of their statements of interest, qualifications and proposal. Interviews maybe conducted to further evaluate interested firms. Those interviewed maybe asked to provide additional information. Questions regarding this proposal shall be directed to the City Clerk's Office at (208) 888-4433 or fax (208) 888-4218. The City reserves the right to reject any and all proposals. DATED this 13th day of September, 1999. William G. Berg, Jr. - Cit ~ 1 Publishing date of September 15, 1999 ~,~,r,~,reer~~,~,,,t - sL ~~ ,~~ 90,E ~~,~T~ ts'~~ • •~ /^~~~~~y~rr, rc~i~1~~~\\\\ H~~IIr.T01V, MICHAFLSON ~ HIL..'!Y',~LI,P A'TTORNE'YS AT T,AW 1303 - ]2~ AVENUE FLOAb P.U. BOX 1~,5 N.r1~4II'~ IDgE-i0 83653-0065 i'riA C~ v JGlt ~7~~~~ Date: ~ - 2 l- ~ To: ~ (~/~--- Phone: ~~~ ~ ~~ ~ 3 From: L~1,/.~2t~ ~l L`~j Phone: (208) 467-4479 Hamilton, Michaelson Hilty, LLI' Fax: (208) 4G7-3058 Re: CO1V~IllEN'I'YA.S;ITX NOTICE This facsimile transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. rf you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents. Number of pages including cover sheet: J Message: n j~~~U~ ~ z~~-~,~~ ~ ~~~ SEP 21 '99 1?=85 PAGE.01 HAMILTON, MICHAELSON & HILTY, LLP 1303 12`h Avenue Road Nampa, Idaho 83686 CITY OF MERIDIAN, IDAHO Proposal for Legal Representation Carl D. Hamilton* Terry Michaelson* Mark Hilty'~ Tiffany Hales Timothy L. Fleming R. George DeFord, Jr. Lori Buffington (admitted to California Bar) SEP 21 '99 17 06 PAGE. 02 CONTENTS Section IN`TRODUCTI ON ........................................................... I. BIOGRAPHIES ............................................................. II. PROPOSAL OVERVIEW ................... III ............................... . A. CIVIL B. CRIMINAL CUN CLUSION ................................................................IV. REFERLNCES ............................................................... V. SEP 21 '99 17:06 PAGE. 83 v ~.. i L a ~. v i v L 1 1 ' V .: z. INTRODUCTION Hamilton, Michaelson & Hilty, LLP was formed in 1985 by Mr. I-Iamilton and Mr. Michaelson and Mark Clark. These three attorneys constructed the building which has housed the firm at 1303 12~' Avenue Road, Nampa, ever since. Mr. Clark left the practice of law in 1991 and opened a small business in Nampa. From 1989 to 1995, Steven Drescher was also a partner in the firm. Mr. Drescher was elected District Judge for the Third Judicial District, Washington County, and took office on January 1, 1995. Tiffany Hales was hired by the ~rnn in 1994, Mark Hilty in 1995, Tim Fleming in 1997, George DeFord in 1998 and Lori Buffington in September, 1999. Traditionally, Hamilton, Michaelson &; I-Iilty, LLP has provided general legal representation to private individuals and business entities in the Canyon County area. The City of Nampa, The City of Caldwell, Cherry Lane Construction, Pioneer Title. Coznpany of Canyon County (Nampa), the Mediterranean 1-Iomes group of investors, Diamond Z ManufacturinC, and K&L Excavation are representative of our client base. Both as individuals and as a firm, Hamilton, Michaelson & Hilty, LLP has broad e?~perience in criminal prosecution. Carl D. Hamilton acted as Nampa City Prosecutor from 1973 to 1975 and Terry Michaelson had the position from 1977 to 1980. During the late 1980's, the firm acted as the Owyhee County Prosecutor. In September of 1994, the firm undertook misdemeanor prosecution for the City of Nampa. Tiffany Hales has handled most of the prosecution work, however, all of the current attorneys have and do participate in the representation of Nampa. In May of 1998, the firm was appointed as the City Attorneys for Caldwell, Idaho. Mark Hilry works with the Mayor's office, City Council, Planing ~ Zonin? Commission, and department heads on all civil matters. In order to furnish the prosecutorial services needed by the City of Caldwell, our firm opened a Caldwell office manned by Tim Fleming, the full time Caldwell City Prosecutor. In addition to maintaining close contact with the Caldwell Police Department and City Hall, Mr. Fleming appears in court virtually every day on the various criminal cases generated by the Caldwell Police Department. A.s with the City of Nampa, all firm attorneys are involved in the representation of Caldwell. The primary part of the firm's practice is civil. Chief among the services we provide are formation of corporations and other business entities, real estate law, contxact preparation, collections, estate planning, probate, family law, tort claims, and, in virtually all of these contexts, litigation and alternative forms of dispute resolution. Hamilton, Michaelson & Hilty, LLP is a well established and respected law firm in the Tdaho legal community and, specifically, the Third Judicial District. Our breadth of ~ V `t SEP 21 '99 17 B7 PAGE. 84 i v.: experience in both civil representation and criminal prosecution harmonize with the needs of the City of Meridian. Also, as the second largest private f rrn in the Third Judicial District, we have the resources necessary to ensure consistent access, regular communication and timely response to Meridian's needs. Our reputation for quality legal work, integzity and honesty is well known and vigorously maintained. We are proud of our reputation and anxious for you to examine it more closely. SEP 21 '99 17 07 PAGE. OS . ~~ II. BIOGRAPHICAL TNFOR1yIATION Carl D. Hamilton Admissions: Phi Alpha Delta Legal Fraternity, May 16, 1963; Idaho State Bar and U.S. District Court, District of Idaho, August 19, 1966; Michigan State Bar, January 4, 1968; U.S. Circuit Court of Appeals, Ninth Circuit, December 28, 1973. Edcc~ation: University of Idaho (B.S., 1964; .T.D., 1966). Community Involvement: Nampa Kiwanis Club (McmbNr, Past President); Friends of the Nampa Public Library ($oard of Directors, Past President), Salvation Army (Advisory Board); Nampa Chamber of Commerce (Member), Canyon County Lawyers Club ((ember, Past President), Third Judicial District Magistrates Commission (Member), Nampa First United Methodist Church (Past Board of Trustees Member and Chair of Pastor Parish Relations Committee), Bible Study Fellowship (Leader). Areas of Emphasis: Fstate Planning, Probate, Real Estate, Business Transactions, General Corporation Representation. Terry IViichaelson Admissio~:s: Idaho State Bar, April I, 1977; U.S. District Court, District of Idaho, January 28, 1979; Arizona State Baz, January 23, 1979. Education: Arizona State University (B.A., 1973; J.D., 1976), American Graduate School of International Management (M.I.M., 1974). Communir), Involvement: Third District Bar Association (Member, Past President); Canyon County Lawyers Club (Member, Past President), Nampa Optimists (Past Member, Past President), Crusader Athletic Association (Member, Secretary), World Sports Humanitarian Hall of Fame (Board of Directors, Secretary), Nampa First Church of the Nazarene (Board of Directors); Mercy Medical Center (Past Board of Directors), Babe Ruth Baseball (Coach, 10 years), Youth Basketball Association (Coach, 6 years), Youth Soccer (Coach, 7 years). Areas of Emphasis: Family Law, Real Estate, 'Trial Practice, General Corporation Representation, Collections, Insurance Law, General Litigation. Mark Hilty Admissions: Idaho State Bar and U.S. District Court, District of Idaho, September 28, 1995. Education: Northwest Nazarene College (B.A., ] 992), Willamette University College of Law (J.D., 1995). Community Involvement: Canyon County Lawyers Club (Member, Secretary/Treasurer), Lifeline Pregnancy Caze Center (Board of Directors), Treasure Valley Chapter, Rocky Mountain Elk Foundation (Past Committee Member), Idaho Volunteer Lawyers Program (Volunteer Attorney), American Trial Lawyers Association (Member, Young Lawyers Section). Areas of Emp/rasis: Civil Municipal Law, General Civil Litigation, Pre`Trial/Trial Practice, Insurance Law, Real Estate;, Family Law. Tiffany Hales Admissions: Idaho State Baz and U.S. District Court, District of Idaho, April 21, 1994. Education: Brigham Young university (B.A., 1990; J.D. 1993), Canyon County Certified Mediator. Community Involvement: Canyon County Republican Central Committee (Member, Secretary), Canyon County Lawyers Club (Member, Past President), Peace Officer's Standard SEP 21 '99 17:08 PAGE. 86 . V I Training "P.O.S.T." Academy (Instructor), Canyon County 4-H (Leader), Idaho Volunteer Lawyers Program (Volunteer Attorney). Areas of EFnpliasis: Prosecution, Mediation. Timothy L. Fleming Admissions: Delta Theta Phi Legal Fraternity, 199; Idaho State Bar and U.S. District Court, District of Idaho September 25, 1991. Education: Albertson College of Idaho (B.A., 1994}, University of Idaho (J.D., 1997). Community Involvement: Third Judicial District Youth Court (La~xyer Volunteer), Canyon County Republican Central Committee (past Youth Chairman), 'Treasure Valley Collegiate Baseball Association and Central 'Washington Collegiate Baseball Association (Umpire), Caldwell Youth Baseball, Little League (Umpire in Chief), Treasure Valley Baseball Acaderriy (Umpire in Chief). Areas of Emphasis: Criminal Prosecution. R. George DeFord, Jr. Admissions: F.acle Rock American Inns of Court, 1996-98; Utah State Bar and U.S. District Court, District of Idaho, September 1995; Idaho State Bar and U.S. District Court, District of Idaho, April 1996; Idaho Prosecuting Attorneys Association, 1997-98. Education: Brigham Young University (B.A., 1992, J.D. 1990. Community Involvement: Third Judicial District Youth Court (Lawyer Volunteer); Church of Jesus Christ of Latter-day Saints (Youth Leader). Areas of Emphasis: Civil Litigation; Real Estate 'Transactions; Business Transactions; Estate Planning. Lori Buffington Admissions: California State $ar, December 7, 1998; will take Idaho Bar Exam in February, 2000. Education: University of Texas at Austin (B.B.A., 1992), Willamette University College of Law (J.D., I 998). Member of the followinb bar organizations: State Bar of California: Estate Planning Section, Taxation Section, Business Law Section. Fresno County Bar Association: Estate Planning Section, Business Law Section; Fresno County Women Lawyers Association; Los Angeles County Bar Association. SEP 21 '99 17 09 PAGE. O? i vv III. PROPOSAL OVERVIEW A. Civil Representation As mentioned above, Hamilton, Michaelson & Hilty's practice is primarily civil. Our length and breadth of experience, together with the resources of seven attorneys, well suit us to handle any civil problem the Gity may encounter. VVe feel this representation can be divided into two basic categories. General Representation and Advice: We will provide city officials, personnel, and department heads access to legal advice on a daily basis. This advice will be rendered or confirmed in tivriting whenever necessary or advisable. Also, we will ensure that at least one attorney attends each scheduled City Council Meeting and Platuiing and Zoning Commission Meeting to render legal advice to city officials and, if necessary, conduct legal research regarding the issues raised. As counsel for the City, we will expect that all contracts, leases, releases, and other documents with legal ramifications for the City be provided for our review or drafting. In a cooperative effort with the prosecution services described below, and any other interested City organization, we will oversee and direct the drafting and revision of the City Code as necessary or advisable. Litigation, Court Services and Additional Meetings: This portion of the City's needs is less predictable and less routine than the criminal services described below or the general civil representation set forth above. While competent and prompt general representation and advice will reduce the City's needs for these services, we am confident in ouz ability to handle any lawsuit to which the City is, may become, or should become a party. Such representation will include the prosecution, defense, or intervention into all relevant legal actions and all associated court appearances, discovery, motion pracrice, settlement conferences, appeals and all other necessary legal functions. During the course of any proceedings, we will keep all involved municipal personnel informed regarding the proceedings. When judgements are entered in favor of the City, we will vigorously and timely pursue enforcement thereof: Finally, we anticipate that city officials will call meetings from time to tune that will require the participation of the city's attorney. When given notice, we will provide counsel at these meetings as well. B. Criminal iVlisdemeanor Prosecution We have enjoyed an efficient and healthy working relationship prosecuting misdemeanors for the Cities of Nampa and Caldwell. It is our sense that both the city officials and the police department are satisfied and content with our services. For this reason, we intend to work with the city officials and police department to implement the model that has succeeded in Nampa and Caldwell. The criminal prosecution services we propose can be described in three general categories: SEP 21 '99 17 10 PAGE.08 i v ~~ Court Services: We will prosecute all misdemeanor crimes generated by the MPD. This includes court appearances at all pre-trial conferences, jury trials, and court trials for citations issued by MPD. We also provide all pre-trial preparation, including responding to discovery requests by defense counsel, suppression hearings, and witness preparation for officers. In cases in which the officer did not issue a citation and the report is sent to our office for review, we re~7ew each police report and make a decision as to whether criminal charges are appropriate. If it is determined that criminal charges should be filed, we prepare and file a criminal complaint. Once a case is prosecuted; we will also file and pursue probation violations and appeals if applicable. Victims' services: As part of our goal to provide services to those who are victims of crime, we w~i11 file motions for restitution, appear at the restitution hearing and try to insure that victims receive compensation for the injustice done to them. It is our on-going to goal to improve victims' services in Nampa and Caldwell and the same will be true for Meridian. At present, we have a full time victim-witness coordinator on staff: She provides information rcgazdinb the court process, updates on case status, and preparation of the victim!witness for trial. Often, victim-witness services can be partially or wholly funded by grant funds. If awarded the City's contract, it is our intent to pursue grant money on behalf of Meridian so that these victim/witness services can be obtained there also at no cost to the City. Training: We will provide annual training to MPD in the form of yearly up-dates on legislative changes to the law. This will take place in the spring, after the legislature is adjourned. Many times the Supreme Court will make a ruling on cases that will affect police procedure. Other times, officers Will engage in some type of behavior that could potentially jeopardize a case or expose the city to civil liability. In these situations generally some type of training helps solve the problem. This training is done either by w'ay of memo or during briefmg. In this way, we will provide additional training for new offcers and on an "as needed" basis when deemed appropriate by the prosecutor, the city's civil counsel and/or MPD. Officer Services: We will keep MPD officers continually advised regazding the status of cases in which they are involved. Specifically, this includes the status of plea negotiations, the outcome of which might alleviate the need for officers to appear at court and/or subpoena witnesses. Also, officers will, ('rom time to time, have specific questions not covered in training. The prosecutor will be available to them on an as needed basis to discuss these concerns. SEP 21 '99 17 18 PAGE. 89 Yv. CONCL~LTSION Please contact any or all of the following references (or anyone familiar with the local legal community) and ask about the quality of our civil representation and criminal prosecution services. Ask also about our reputation for integrity, diligence and honesty. We are confident that I~amilton, Michaelson ~ l-iilty, LLP, can provide the represen(.ation al~d accessibility Mexidian seeks. SEP 21 '99 17 11 PAGE. 10 1 1 1 V. REFERENCES Mr. Ken Harvard Executive Director, Association of Idaho Cities 33]4 Grace Boise, Idaho 83703 (208} 344-8594 Mr. Alan Creech Assistant Police Chief, Nampa Police Department 211 12`h Avenue South Nampa, Idaho 83651 (208) 465-2257 Hon. Garret L. Nancolas Mayor, City of Caldwell 621 Cleveland Blvd. Caldwell, Idaho 83605 (208) 455-3000 Hon. Maxine Horn Mayor, City of Nampa Nampa City Hall 411 3rd Street South Nampa, Idaho 83651 (208) 465-2200 Mr. Winston K. Goering 297 Davis Avenue Nampa, Idaho 83651 (208) 466-7551 Hon_ Renae Hoff Magistrate Judge, Canyon County 120 9~' Avenue South Nampa, Idaho 83651 (208) 467-2171 Hon. Gerald L. Weston Dtstxict Judge, Third Judicial District 1115 Albany Street Caldwell, Idaho 83605 (208) 454-7370 Mr. David Kerrick P.O. Box 44 Caldwell, Idaho 83606 (208) 459-4574 SEP 21 '99 17 11 PAGE. 11 TABLE OF CONTENTS LETTER OF INTRODUCTION .................................................. 2 HISTORY OF THE FIRM .......................................................4 EXPERIENCE AND QUALIFICATIONS .......................................... 5 OTHER RESOURCES ......................................................... 7 PHYSICAL LOCATION .................................................. 7 TECHNOLOGY AND LEGAL RESEARCH RESOURCES ..................... 8 NON-ATTORNEY SUPPORT STAFF ..................................... 10 CONFLICTS OF INTEREST ................................................... 10 FINANCIAL TERMS OF PROPOSAL ........................................... 13 RESUME OF HOWARD R. FOLEY ............................................. 14 RESUME OF MARK S. FREEMAN ............................................. 16 RESUME OF FRANCES R. STERN ............................................. 18 RESUME OF JOSEPH W. BORTON ............................................. 19 -1- FOLEY & FREEMAN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 EAST IDAHO HERITAGE BLDG., SUITE 300 MERIDIAN, IDAHO 83680 HOWARD R. FOLEY MARK S. FREEMAN FRANCES R. STERN JOSEPH W. BORTON September 21, 1999 Honorable Robert D. Corrie City Council Members City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Response to Request for Proposal City of Meridian -Legal Services Dear Mayor and Council Members: TELEPHONE: (208) 888-9111 FACSIMILE: (208) 888-5130 WEB SITE: www.foleyfreeman.com In response to the Request for Proposals and Qualifications for Legal Services /Attorney ,-. Representation dated September 13, 1999; the law firm of Foley & Freeman, Chartered is pleased "' to present this proposal to provide legal representation to the City of Meridian. ~, Foley & Freeman has the resources to assume full legal representation of the City upon the commencement of fiscal year 2000. Based upon our analysis, we believe that the transition of the City's legal representation to our firm can be completed in a rapid manner and without any '~ significant disruption to the City. ~, Our proposal to represent the City was prepared after extensive review and evaluation of the legal service needs and requirements of the City and the numerous challenges that the City is currently facing. In addition, we have reviewed the recommendations contained in the Report to Mayor and Council dated August 24, 1999; that was prepared by the law firm currently representing -- the City. We are confident that a review of the enclosed materials will prove our firm qualified to ,., provide the City of Meridian with objective, first-rate legal representation. ,• Foley & Freeman is committed to providing each of our clients with superior legal representation at competitive rates. Asset forth more fully in the following materials, if our proposal ~- is accepted, we are able to provide the City with representation at the fixed rate of thirty thousand dollars ($30,000.00) per month, or at an alternative hourly rate of $100/hour. An appropriate contract will be drafted to memorialize our obligations prior to the commencement of our -2- Honorable Robert D. Corrie City Council Members City of Meridian September 21, 1999 representation. In addition to our ability to provide the City with quality legal representation, the location of our offices adjacent to City Hall, the fact that the majority of our employees reside within the City, and the proven track record of extensive civic involvement in Meridian by the members of our firm make Foley & Freeman the best choice to represent the City of Meridian. If our proposal is accepted, we will be in a position to further increase our civic efforts and make additional significant contributions to our community. Should you desire additional information, or want to tour our offices and meet our staff, please contact us and we will be glad to make the necessary arrangements. We appreciate your consideration and look forward to the opportunity to meet with you, further discuss our qualifications, and respond to any questions that you may have. Sincerely, FOLEY & FREEMAN, nJa~ey~jo[ey~ freeman. com Mark S. Freeman mfreeman@foleyfreeman.eom -3- HISTORY OF THE FIRM Foley & Freeman, Chartered began practicing law in the City of Meridian more than 21 years ago through its predecessor Iaw firm, Foley & Lance, Chartered. Interestingly, the firm began its practice in a small house located where the Meridian City Hall presently sits. In 1983, the firm completed the renovation of and moved into the historic Heritage Building at the corner of Idaho and First streets. Foley & Freeman is presently comprised of four attorneys, three full-time legal assistants, and various contract support staff. The firm's attorneys have experience in various areas of the law including bankruptcy, banking, business litigation, civil rights, construction law, corporate law, criminal law (prosecution and defense), domestic relations, education law, employment law, environmental/solid waste law, estate planning, municipal law, product liability, personal injury, real estate, and worker's compensation, as well as in general civil and trial practice matters. The firm's long-range plan--with or without the award of the contract to represent the City of Meridian--is to expand to an eight- attorney law firm. -4- EXPERIENCE AND QUALIFICATIONS Foley & Freeman is committed to the employment of attorneys who have the education and training to meet our standard of quality legal representation that we provide to our all of our clients. As indicated in the attached resumes, each of the attorneys who will provide legal representation to the City of Meridian has either previously represented municipal clients or has the necessary related experience and knowledge to provide quality legal representation to the City. If our proposal to provide legal representation is accepted, it is our intention that Mark S. Freeman will serve as the lead City Attorney, with primary responsibility for providing legal advice and representation to the Mayor and City Council as well as to the various City Department Heads as directed by the Mayor or Council. In addition, he will attend Council meetings and other standing committee meetings, initially be responsible for attendance at all meetings of the Planning and Zoning Commission, assume responsibility for the review and drafting of ordinances, and will have primary responsibility for the preparation of all written Findings, Conclusions, Decisions, and Orders. Mr. Freeman will also supervise all other attorneys who will provide civil representation to the City. Howard R. Foley has extensive prior criminal trial and prosecutorial supervision experience. Because of this, he will assume responsibility for all supervision and training relating to the criminal prosecution and code enforcement legal services provided to the City. Foley & Freeman is able to reallocate our resources to immediately assume full representation of the City upon the commencement of fiscal year 2000, and we are committed to make all modifications to our practice to accomplish that goal. In addition, we are currently -5- ~. interviewing qualified attorneys and anticipate employing two attorneys who will assist with our representation of the City of Meridian. This will allow us to provide three full-time attorneys and the necessary staff members to the municipal and prosecutorial needs of the City. .-~ .~. .~, .-. r. .~ .® ~. .~ .-. ~-. ~-. .. ~-. .-~ .~. ~-. ,-. .-~ ~-. .. .. -. -6- -. -. ^ .. ^ .. OTHER RESOURCES ^ Foley & Freeman has the ability to respond to the particular legal needs of the City of ^ ,.~ Meridian in the most efficient and cost effective manner through our office location, state-of--the-art ^ technology, legal research resources, and dedicated support staff. ^ ^ .-. PHYSICAL LOCATION .-. ^ Foley & Freeman has been located in the Heritage Building at 77 East Idaho Street in .-. .~. downtown Meridian more than 16 years. Our office currently occupies a portion of the first floor " and the entire third floor of the Heritage Building. The expansion of our offices to encompass the .-. ,~ remainder of the first floor of the Heritage Building is anticipated to begin in the fall of this year, and ,-. is possible as a result of the ownership interest in the building held by the firm's two current ^ .~ shareholders. Upon full completion of the expansion of our physical facilities, we will have space .~. to accommodate up to three additional attorneys and necessary support staff. .~ The location of our offices adjacent to the Meridian City Hall, one block from the Meridian -. Police Department, and centrally located to other City departments provides us with the unique opportunity to improve face-to-face communications between the City and its legal department. It ..~ is our belief that effective communication between the City's legal department and the Mayor, Council, and City Department Heads is essential and promotes the delivery ofpro-active, rather than 1, re-active, legal representation. The proximity of our offices to the City offices will allow us to improve the flow of information between the City and its legal department. -7- In addition to the logistical benefits of our location to City offices and departments, our experience has taught us that the physical presence of our firm, as well as our attorneys and staff, within the city of Meridian has brought our firm closer to the issues and concerns of the citizens of Meridian. We believe that we have been able to successfully access this "local knowledge" for the benefit of our clients, and we believe it will likewise be a benefit of our representation to the City of Meridian. TECHNOLOGY AND LEGAL RESEARCH RESOURCES Our commitment to respond to our clients' legal needs in a rapid and cost-efficient manner would not be possible without our dedication to the acquisition and maintenance ofstate-of--the-art computer and technological resources. Our computer network is designed to allow every computer work station the ability to process documents, retrieve and exchange information, and communicate both through interoffice and Internet e-mail quickly and efficiently. We believe our access to, and ability to perform, computer-assisted legal research is second to none. Through our Premise 3.7 CD, we have in-house access to the following legal resources: • Idaho Administrative Code • Idaho Attorney General Opinions • Idaho Reports • Idaho Court Rules • Idaho Session Laws • Idaho Code (1994 through current) Although we continue to maintain certain library materials in our office, our digital service line (256 -8- kbps) dedicated to legal research through Westlaw and the Internet gives us unrestricted access to virtually all of the latest publications, relevant federal and state court decisions, and other materials necessary to provide quality legal representation to the City of Meridian. Our commitment to technology also requires us to continually invest in the necessary upgrades and training to provide our clients with the best legal services. As an example, we are currently completing our latest round of hardware and network upgrades' ,training, finalization of all Y2K certification and compliance testing, and review of computer and Internet security procedures. Based upon our experience and 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. For example, the City may wish to investigate the creation of confidential, dynamically assigned e-mail addresses between various city/department heads and the legal department for communications as well as document transfers. Although we understand that e-mail is not appropriate for all communications, our experience indicates that the expansion of the use of the City's existing technology would not only improve communication between the various departments, but would have additional benefits (such as providing an independent record of the receipt of, and responses to, communications between departments). Based upon our observations and consultation with our computer consultants, we believe that 1 Some of the specifics of our most recent upgrade follow. Our hardware and related software as of August 15, 1999 includes IntraNetware 4.11 (10 user system); APC Backup 600; secure DSL Internet connection through US West, and pentium-class computers which use the following software titles on a Windows `98 platform: Microsoft Internet Explorer, Novell Intranet Access Server, Microtest Discview 5.30A, Groupwise 5.2.4, Corel Word Perfect Suite 8, Novell Client 32 v 2.5, Westmate 7.13. -9- our technology may also allow our attorneys to access certain legal resources during public meetings, which should allow our attorneys to provide immediate legal advise in situations where previously an adjournment was necessary. NON-ATTORNEY SUPPORT STAFF The dedicated support staff employed by Foley & Freeman possesses the professional experience, education, and training to assist the attorneys in our firm in providing exceptional legal representation to the City of Meridian. Our support staff currently includes three full-time legal assistants, one of whom is currently working toward obtaining paralegal certification at Boise State University. We recently hired a fourth legal/administrative assistant who will commence employment in October. The firm is also supported by apart-time office services position (runner), and apart-time billing clerk, both of whom provide their services on a contract basis. Of the five individuals who currently provide various support functions, four reside within the corporate limits of Meridian. While our present support staff allows us to represent the City immediately if our proposal is accepted, we are prepared to increase our support staff to respond to any additional workload. In anticipation, we have been interviewing qualified paralegals and legal assistants to join our firm. In addition to the legal assistant who will start work next month, we anticipate employing one additional experienced full-time paralegal or legal assistant to provide support to the attorneys who will serve the City. Finally, our offer to provide regular delivery services between our office and the various departments of the City will likely result in the expansion of the duties of our current office services position. -10- CONFLICTS OF INTEREST Recognizing and resolving conflicts of interest in the practice of law is the legal and ethical obligation of every attorney. All successful, established, law firms such as Foley & Freeman are routinely required to screen for potential conflicts of interest and resolve the conflict before the interest of any client is compromised or affected in any way. The general rule regarding conflicts of interest between an attorney's current clients is set forth in Idaho Rules of Professional Conduct (IRPC) Rule 1.7, which provides in part as follows: (a) A lawyer shall not represent a client if the representation of the client will be directly adverse to another client, unless: (1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client, and (2) each client consents after consultation. The IRPC also addresses the more frequent issue of whether a conflict of interest exists between a current and former client of the attorney in Rule 1.9, which provides in part that: (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client consents after consultation (emphasis added). We have anticipated that as a result of our representation of individuals and businesses in Meridian for more than 20 years, it is possible that certain conflicts of interest may arise between our clients and the City. However, based upon our audit of past and present clientele and the scope of our representation thereof, an in-depth analysis of the specific type of legal services we would perform for the City, review of the applicable professional rules, and consultation with Michael J. Oths, the Chief Counsel to the Idaho State Bar Association, we are confident that the potential for -11- such conflicts is extremely remote. If our proposal is accepted, we will be dedicated to making the necessary changes to our practice to further reduce the possibility of future conflicts of interest in our representation of the City. As an example, we will decline all future representation in criminal defense matters. Although representation of clients in criminal defense matters outside of the City of Meridian is not expressly prohibited by the professional rules, we believe that attorneys providing municipal prosecution representation should avoid even the appearance of impropriety which can result from performing both prosecutorial and criminal defense functions. -12- FINANCIAL TERMS OF PROPOSAL Foley & Freeman offers to enter into a written contract to provide legal services and representation to the City of Meridian for fiscal year 2000 at the fixed rate of thirty thousand dollars ($30,000.00) per month. This fixed rate proposal would include all representation of the City in criminal and civil matters with the exception of j udicial review and confirmation proceedings, which would either be performed at the hourly rate set forth below or would be negotiated at the time. As an alternative, Foley & Freeman proposes to enter into a contract to perform legal services for the City at the hourly rate of one hundred dollars ($100.00) per hour. If the hourly rate proposal is selected by the City, we will provide detailed itemized monthly statements for all legal services, specifying the time, service provided, person providing the service, and the charge for each item billed to the City, calculated to the nearest one tenth (1/10th) hour. Each monthly invoice will also include actual out-of-pocket costs incurred by Foley & Freeman on behalf of the City including, but not limited to, photocopy and fax charges, long distance phone charges, express courier charges, court filing fees and costs, and mileage reimbursement for out-of-county appearances. Such charges will also be itemized by category and amount. -13- ^ ^ ^ RESUME OF HOWARD R. FOLEY ,.~ Shareholder, Foley & Freeman, Chartered ^ ,~ Education • University of Idaho (B.S., 1969; Juris Doctor, 1971) ,~ University of Virginia (M.L.T., 1972) ,., Professional Memberships ^ Admitted to Idaho State Bar, 1971 ..~ Idaho and U.S. District Court, District of Idaho, 1971 • U.S. Court of Military Appeals, 1972 '~ U.S. Claims Court, 1984 .-. U.S. Court of Appeals, Ninth Circuit, 1994 • Idaho State Bar (Member, Commercial Law/Bankruptcy section) • Idaho Trial Lawyers Association ~. American Trial Lawyers Association .-. ~. Current Experience .. Currently attorney and shareholder of Foley & Freeman, 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, and real estate matters. .. .-. Municipal and Related Experience .. ,~ 1972-1976: Captain, JAGC, U.S. Army, Alaska Chief Defense. Positions included Senior Defense Counsel, Assistant Trial Counsel, Chief Trial Counsel, and Chief of Criminal Law Division for all Trial and Defense Counsel (for all Army posts in the State of Alaska). Chief of Military Justice duties included supervision of up to 10 attorneys. Tried more than 500 misdemeanor and felony cases ranging from disorderly conduct to desertion, murder, rape, and controlled substance violations. • 1990: Appointed general counsel for Joint School District No. 2, located in Meridian, Idaho. Duties include providing advice to trustees, administration, and staff; conduct training and ^ instructional seminars for staff on numerous issues, including privileged communications and public records disclosure, search and seizure, and student publications; and '1 representation in certified and classified personnel grievance and judicial review matters. • 1996-present: Contract attorney 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. ,. -14- Publications • Military Law Handbook, 1974 • School Law in Idaho, 1995 Meridian Communitv Activities • Meridian Chamber of Commerce: Member, 1976-present; President, 1985 • Meridian Little League: Board Member, 1987-1992; President, 1992 • Meridian High School Football Parents: Member, 1988-present; President, 1998 • Boy Scouts of America, Ore-Ida Council: Member, 1994-1996 • Meridian High School: Mock trial attorney coach, 1996-1997 • Meridian Exchange Club: Founding Member, 1980-1981; President, 1981 • Meridian United Methodist Church: Member 1993-present; Finance Committee member, 1997-98 -15- ^ ^ ^ .~ ^ ,~ Education RESUME OF MARK S. FREEMAN Shareholder, Foley & Freeman, Chartered ^ Alma College (B.A., 1980) ,~ University of Toledo College of Law (Juris Doctor, 1983) ^ ,.~ Professional Memberships ^ Admitted to Idaho Bar, 1983 .~ 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 • Idaho Volunteer Lawyers Association .. .. Current Experience .. .~ Currently attorney and shareholder of Foley & Freeman, Chartered, a Professional Service ^ Corporation located in Meridian, Idaho. Emphasis in civil practice including civiUbusiness litigation, real estate, municipal, business and corporate, education law, and contract law. ., Municipal and Related Experience 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 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. 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, -16- including preparation and review of contracts, advise. regarding competitive bidding and award of procurement and construction contracts, and zoning and use issues. Meridian Community Activities • 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-present; President- elect, 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-present • Meridian Area Senior Citizen Association, Inc.: Attorney monthly volunteer, 1993-present • Mayor's Ad Hoc Recreation committee: Member, 1996 • 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,1995- 1996; Board of Trustees member, 1997-1998 -17- RESUME OF FRANCES R. STERN Associate Attorney, Foley & Freeman, Chartered Education • University of Oregon (B.A., 1991) • Willamette University College of Law (Juris Doctor, 1994) Memberships • Admitted to Idaho Bar, 1994 • U.S. District Court, District of Idaho • Idaho Justice Center board member • Idaho State Bar (member, family law section) • Court-certified child custody mediator • Court Appointed Special Advocate Program Volunteer Attorney Experience • Attorney and associate at Foley & Freeman, Chartered, a Professional Service Corporation, with a practice emphasizing domestic relations, criminal litigation, general civil business litigation; experience in environmental and land use law, and contract law. Also served as judicial clerk to Honorable judges Alan Schwartzman and D. Duff McKee, responsible for drafting findings of fact and advising judges on applicable law through use of bench briefs. Also 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 on post-conviction litigation. Meridian Community Activities • Meridian Chamber of Commerce • Soroptimist International, Meridian -18- .~. ~-. ~-. .-. •~. ~. Education ,.. RESUME OF JOSEPH W. BORTON Associate Attorney, Foley & Freeman, Chartered .-. University of Oregon (B.S. with Honors, 1993) ,,,,~ University of Idaho College of Law (Juris Doctor, 1996) .. ,. Memberships ^ Admitted to Idaho Bar, 1996 ,.., U.S. District Court, District of Idaho, 1996 • American Bar Association ^ American Trial Lawyers Association (litigation section) ,.,, Idaho Trial Lawyers Association • Federal Criminal Justice Act Panel Attorney ^ Idaho Volunteer Lawyers Association ~. .. Experience ~-. • 1996-present: Attorney and Associate at Foley & Freeman, Chartered, a Professional Service Corporation; emphasis in litigation practice including civil/business litigation, criminal law, •~ real estate, contracts, and business and corporate law. • 1995-1996: NCAA Compliance Officer; University of Idaho Department of Intercollegiate -~ Athletics. Primary responsibilities included updating and monitoring interoffice NCAA regulations compliance procedures, weekly staff briefings on rules interpretations and changes, and drafting findings of fact and application of rules. Publications ~. ,1 "When in Doubt, Don't Try Out: It Could Cost You a Valid Title IX Claim," The Sports Lawyer, Vol. 7, Spring 1996. -. -. Meridian Community Activities -. • Meridian Youth Football Coach (Meridian Gold) • Big BrothersBig Sisters Meridian Elementary School volunteer • Meridian Chamber of Commerce Board of Directors .~ "Ask a Lawyer" weekly legal advice column in The Valley News, Meridian, Idaho • Meridian High School: Mock trial attorney coach, 1996-1997 -. -. -. -. -. -. -. -19- WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH PHILIP A. PETERSON KATHY ]. EDWARDS STEPHEN L. PRUSS JULIE KLEIN FISCHER ERIC S. ROSSMAN WM. F. GIGRAY, III TODD A. ROSSMAN D. SAMUEL JOHNSON R. STEPHEN RUTHERFORD WILWAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE** CHRISTOPHER S. NYE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 Email via Latemd: taw@wppmgcom NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466.4405 'ALSO ADMITTED IN OR ''ALSO ADMITTED IN WA September 21, 1999 Mayor Robert Corrie and City Council ` City of Meridian 33 E. Idaho Meridian ID 83642 Re: Proposals and Qualifications for Legal Services -` Dear Mayor and Council: PLEASE REPLY TO MERIDIAN OFFICE _ We are pleased to submit our proposal to continue acting as City attorneys for the City of Meridian. In response to the request for proposals we are including with this letter, under Tab A, an Attorney/Contract Proposal which updates the proposal we -- submitted last year concerning additions to our staff that will benefit our providing service to the City of Meridian. At the time we were asked to submit proposals last year it had not been decided to include the in-house criminal prosecution contract. The City Council during ,.,, their deliberations on this matter last year, determined to include the criminal prosecutorial services and eliminate the in-house position. As a result of our firm being appointed City Attorneys, we have made a commitment to the City of Meridian by the employment of Steve Rutherford and Kathy Edwards to that portion of the contract. Our firm has opened a fully functioning and staffed office in Meridian at a location _ where we are in close proximity to the Planning and Zoning Department and the Public Works Department. We have made a conscious effort to become a part of the community while at the same time we have remained vigilant so that outside, private work would not create a conflict of interest or even an appearance of a conflict of interest with our ' representation of the interests of the City of Meridian. Mayor Robert Corrie and City Council September 21, 1999 Page 2 In addition to Steve and Kathy we are also pleased to announce the association of Bill Nichols with our firm. I would refer you to his resume located under - Tab A. Bill is a 1977 Magna Cum Laude graduate of Linfield College and received his Juris Doctor degree from the University of Oregon in 1980. He is a member of both the Oregon and Idaho State Bar Associations, as well as the United States Tax Court. Bill has served as City Attorney and Assistant City Attorney for the City of Nyssa for over 15 years. He has served as City Attorney and Assistant City Attorney for the City of Adrian for over 17 years and the City Attorney for Jordan Valley for 11 years. We feel that Bill brings an additional experienced municipal attorney to our staff and we look forward to involving him in City of Meridian matters. For the upcoming year we propose staffing the various aspects involved in the representation of the City of Meridian as follows: Criminal Prosecution Steve Rutherford - Kathy Edwards Planning and Zoning meetings Eric Rosman - Steve Rutherford Bill Nichols - City Council meetings Bill Gigray (Primary) Bill Nichols - Terry White Primary contact attorneys for civil matters in the following departments: .,.., Planning and Zoning Bill Gigray Eric Rosman Steve Rutherford - Bill Nichols _ Public Works Bill Gigray Bill Nichols Mayor Robert Corrie and City Council September 21, 1999 Page 3 Police Dept. Steve Rutherford Kathy Edwards "' Bill Morrow (civil issues including 1983 actions) Fire Dept. Bill Gigray Terry White City Clerk Bill Gigray Bill Nichols ~' Terry White Steve Rutherford Municipal Utility Billing Bill Gigray Bill Nichols Human Resources Julie Fisher Bill Gigray '" Bill Morrow ,^ Employee Benefit Matters Phil Peterson Treasurer Bill Gigray Bill Nichols Parks ~ Recreation Bill Gigray r Bill Nichols _ Standing Committees SWAAC Bill Gigray Steve Rutherford ~' Bill Nichols One of our goals internally in our law firm is to make sure that we have the person with the experience handling the issue at hand. - Mayor Robert Come and City Council September 21, 1999 Page 4 As you know, we have been involved in many projects with the City of Meridian over the last year. Attached under Tab B is a copy of a report which we - prepared in August to the Mayor and Council outlining those areas. Lastly, since we have been providing services for a year we think input from department heads should be important in the Mayor and Council's consideration of legal services. It is the department heads that we often find ourselves working with on day to _ day matters of City business. We would further encourage each of you to contact the various department heads on a private confidential basis for their input. Enclosed under Tab C are letters from the Chairman of the Planning and Zoning Commission and from -' members of the Police Department. _ Our firm is also actively involved in working with the Association of Idaho Cities on a number of projects. In addition to having served as President of the City Attorneys' Association, I personally have been asked by the Association of Idaho Cities - to serve on its legislative task force "Quick Response" unit. We are the group that the Association of Idaho Cities calls upon to review legislation being proposed in the upcoming Idaho legislature to provide technical expertise and analysis of that legislation -" and its potential impact upon cities, as well as testimony before the various committees of the Idaho legislature. We feel this type of work is essential to the Association of _ Idaho Cities and also provides an added benefit to each of the cities we represent. Enclosed under Tab "D" is a proposed agreement for legal services which we - are prepared to sign. This contemplates providing services at the same level for the upcoming year as last year. We would suggest the level of services required be addressed each year during the budget review process. - Mayor Robert Corrie and City Council September 21, 1999 Page 5 In summary, we would be pleased to continue working as your City attorneys. Respectfully submitted, WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. -' errence R. White, President _ Attachments: Tab A -Attorney Contract Proposal Tab B -August Report to Mayor and Council Tab C -Department head letters - Tab D -Proposed Agreement for Legal Services ey/Z:\Work\M\Meridian 15360M\Meridian Presentation\txw99.ltr T BACKGROUND OF THE FIRM -~ WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A., traces its beginnings to 1967, when cone-attorney law office was established by Dick Weeks in downtown Nampa, -. Idaho. In its early years the firm concentrated its practice in the areas of business, municipal, real estate, estate planning and probate law. It has steadily grown with the increased population and changing complexion of the area to serve the entire Treasure Valley, bringing in attorneys with a myriad of legal specialties who reside in the -- communities inwhich wepractice --from New Plymouth to Caldwell, Nampa, Meridian and Boise. -~ Today, the firm consists of fourteen attorneys and a commensurate support staff and has expanded its practice to encompass estate planning, probate, business litigation, corporate and tax law, employee benefits, real estate, municipal law, civil rights, zoning, environmental law, worker compensation, personal injury, family law, health and welfare law, and a general civil and trial practice. In addition to legal practice in the communities in which the individual attorneys reside, we participate in an extra-legal way in those same communities, in service clubs, on local non-profit boards, as part of United Way, in support of local educational ^' institutions and in civic activities generally, both in terms of time and financial commitments. We are committed to quality service -both as legal counsel and civically - in the communities in which we reside and practice. MUNICIPAL EXPERIENCE AND ACCESSIBILITY The law firm of White, Peterson, Pruss, Morrow & Gigray, P.A., has represented municipal clients throughout the Treasure Valley for over thirty years. Our "' attorneys have a combined experience of over one hundred years in the legal representation of Idaho political subdivisions of all levels from counties, cities, and school, highway and fire districts. Currently, our firm has over thirty employees including fourteen _ attorneys practicing in virtually all areas of legal representation. _ In its representation of the City of Nampa, our firm has had the benefit of contributing to the completion of numerous municipal projects including, but not limited to, the Nampa Civic Center, the Nampa Recreation Center, the Centennial Golf Course, the _ Ridgecrest Golf Course, the Idaho Center and a comprehensive urban renewal agency designed and funded with the intent of rehabilitating Nampa's North End. _ Our firm has participated in literally thousands of other projects for our other current and former municipal clients which includes or has included the cities of Caldwell, Greenleaf, Wilder, Melba, Homedale, Marsing, and numerous fire, highway and school - districts. Our office is currently located in Meridian which is a promise we made to the - City last year. This resource of knowledge, expertise and accessibility is offered to the City at a competitive cost. Our firm is committed to provide the City of Meridian the same excellent service that we provide all our clients, and we would sincerely appreciate the - opportunity to continue to provide legal representation for the City of Meridian. LEGAL RESOURCES AND TECHNOLOGY _ White, Peterson, Pruss, Morrow &Gigray P.A., has a diverse set of resources allowing us to conduct accurate and specialized research and to effectively meet the legal needs of a growing and developing city such as the City of Meridian. With state- _ of-the-art technology and an expansive library, we are able to enhance representation through increased efficiency and productivity. - Technology In order to provide the most accurate information in an efficient and timely -' manner, White, Peterson, Pruss, Morrow &Gigray, P.A., has worked to maintain a firm commitment to technological advances and information processing. Currently, we have the most advanced networking system available by Microsoft. This Windows NT/95/98 _ network running off of a WindowsNT Server v4.00 SP3 network allows us to share plentiful computer resources amongst the entire firm. These resources include: Hardware _ 23 machines running Windows 95, Windows 98 and Windows NT. • DiscPort7 CD-ROM Tower including: _ -Complete AmJur Legal Forms -Complete AmJur Proof of Facts -Research Institute of America (Tax Research) • 2 HP scanners used for document processing and photo imaging - Internet access available to every machine using latest web browsers and database search engines "' 24 HP printers with many offering color capabilities Software • Word processing programs including WordPerfect 8.0/7.0 and Microsoft Word. • Microsoft Access Databases -Client Information _ -Estate Planning -Litigation • Internet email and interoffice email with complete personal calendars • Latest anti-virus software from Dr. Solomon's installed on all machines with _ groupware that scans all incoming and outgoing Internet mail. _ Secretary of State Online • Westlaw v6.3 for windows available on all systems for legal research Library Resources - In addition to the electronic resources available, White, Peterson, Pruss, Morrow & Gigray, P.A., also maintains detailed library containing the latest in legal publications. This library allows access to documentation which is not always available in electronic format. Such library resources allow more in-depth research for ordinances, planning and zoning, and other municipal issues. Our library resources include: "' General references such as: _ Idaho Code • Idaho Reports • Am Jur 2nd _ United States Code Service • Idaho Session Laws _ Extensive municipal information varying from: Comprehensive Plans: • Nez Perce County, Garden City, Jefferson County, Chubbuck, Meridian, Eagle, Twin Falls, Blaine County, Lewiston, Kootenai County, Twin Falls County, - Ketchum Bonneville County Sandpoint Latah County and Pocatello, Coeur d' Alene, Boise, Ada County, Bingham County, Moscow, Post Falls, Bannock County, Blackfoot, Ammon, Caldwell, Canyon County. • McQuillin on Municipal Corporations (20 volumes) - City Codes for several cities. Hundreds of other various forms of legal literature such as: • Trial Lawyer's Series • Ginsburg & Martin on Bankruptcy • Revenue Bond Forms • Lane's Goldstein Litigation Forms _ Idaho Community Foundation • PPD Pension Publication TERRENCE R. WHITE PARTNER • B.A. University of Idaho 1968 • J.D. University of Idaho (cum laude) 1971 • Idaho Law Review _ Bar Admission: Idaho 1971, US Tax Court 1988; US Court of Appeals, Ninth Circuit; 1992, Washington _ Current Practice: • Practice at White, Peterson, Pruss, Morrow &Gigray, P.A. - emphasizes Counsel to City of Nampa, real estate law, corporate law, estate planning and general litigation. Municipal Experience: City Attorney for City of Nampa for 25 years. This representation has -' been on behalf of White, Peterson, Pruss, Morrow &Gigray, P.A. on a contract basis. The advantage to a city of outside legal counsel is the _ ability to obtain experienced counsel on a variety of matters. I have been the general counsel and point person in our firm for ali City of Nampa matters. General Interest: _ While attending the University of Idaho, Terry was a Member of the Board of Editors of the Idaho Law Review • Deputy Prosecuting Attorney, Ada County, 1972. • President, Southwest Idaho Estate Planning Council, 1978 Memberships: • Third District (President, 1979-1980) • Idaho State Bar (Chairman, Bar Exam Preparation Committee 1991- -' 1992) _ Southwest Idaho Estate Planning Council WM. F. GIGRAY, ill PARTNER • B.A. University of Idaho 1969 • J.D. University of Idaho 1972 • Bar Admission: Idaho and US District Court, District of Idaho 1973 US Court of Appeals 1980 "- U.S. Court of Appeals, Ninth Circuit • U.S. Supreme Court Current Practice: Practice at White, Peterson, Pruss, Morrow & Gigray, P.A. emphasizes • Counsel to City of Meridian • Counsel to City of Wilder - Counsel to City of Greenleaf • Counsel to Canyon Highway District No. 4 • Counsel to Caldwell School District No. 132 - Counsel to Caldwell Rural Fire Protection District and • Counsel to Wilder Rural Fire Protection District • Counsel to Greenleaf Cemetery District - Counsel to Wilder Library District Municipal law, real estate law, corporate law, estate planning and "~' probate, Personal Injury and Worker's compensation and General Litigation. Municipal Experience: _ Former City Attorney to City of Caldwell. This representation was on behalf of White, Peterson, Pruss, Morrow &Gigray, P.A. on a contract basis. Was General Counsel and point person in firm for - all City of Caldwell matters. • Current City Attomey to City of Meridian. This representation has - been on behalf of White, Peterson, Pruss, Morrow &Gigray, P.A. on a contract basis. Acts as General Counsel and point person infirm for City of Meridian civil matters. • Current City Attomey to City of Wilder. This representation has r been on behalf of White, Peterson, Pruss, Morrow&Gigray, P.A. on a contract basis. Acts as General Counsel and point person in firm _ for all City of Wilder matters. • Current City Attorney to City of Greenleaf. This represents#ion was _ on behalf of White, Peterson, Pruss, Morrow &Gigray, P.A. on a contract basis. Acts as General Counsel and point person infirm for all City of Greenleaf matters. • Current District Counsel to Canyon Highway District No. 4. This representation is on behalf of White, Peterson, Pruss, Morrow & - Gigray, P.A. on a contract basis. Act as General Counsel and point person infirm for all Canyon Highway District No. 4 matters. -- Current Counsel to Board of Trustees of Caldwell School District No. 132. This representation is on behalf of White, Peterson, Pruss, Morrow &Gigray, P.A. on a contract basis. Acts as General "" Counsel and point person infirm for all Caldwell School District No. 132 matters. _ Current Counsel to Caldwell Rural Fire Protection District. Current Counsel to Wilder Rural Fire Protection District. • As counsel for the Cities of Meridian, Caldwell, Greenleaf and _ Wilder, and as Counsel to Canyon Highway District No. 4 and Caldwell School District No. 132 has been and is active in advising on all aspects of municipal law, including compliance with the _ Americans with Disabilities Act, Idaho Land Use Planning Act, employment law, social security law, Tax and Bond Financing issues, Local Improvement District law, franchise implementation ~- and general municipal functions, Highway District employment, and contractual law, Department of Education matters including interpretation of Idaho Education Act and formation of educational -- policies. • Successfully obtained judicial confirmation of million+ dollar "~ issuance of certificates of participation for construction of irrigation system for Purple Sage Golf Course. '~ Represented City of Caldv~ll in Americans with Disabilities Act lawsuit. Represented School District in Class Ac#ion Race Discrimination Lawsuit. Memberships • American Trial Lawyers' Association • Secretary, Idaho Trial Lawyers' Association • Idaho State Bar _ President, Caldwell Foundation for Educational Opportunity, Inc. • President, Greenbelt Civic League of Caldwell, Inc. • Foundation for Ada/Canyon Trail Systems ERIC S. ROSSMAN PARTNER • B.B. A. Boise State University 1989 • J.D. University of Idaho 1992 • Idaho Law Review • Bar Admission: Idaho 1992; US Court of Appeals, Ninth Circuit; US "' Court of Appeals for the District of Columbia Circuit Current Prac#ice: • Practice at White, Peterson, Pruss, Morrow & Gigray, P.A. _ emphasizes general civil, real estate and municipal litigation. Former Caldwell City Prosecuting Attomey, Former Deputy Ada County Prosecuting Attorney. Municipal Experience: - Successfully pursued recovery of $400,000 claim against performance bond of concrete sub-contractor in construction of the Idaho Center. • Successfully defended lawsuit by landowner against City of Nampa under Federal Rails to Trails Conservancy Act before Federal -' District Court and Federal Court of Appeals for District of Columbia. • Successfully defended City of Nampa before the Idaho District Court "' in planning and zoning civil judicial review matters. _ Successfully obtained judicial confirmation of $6.5 million dollar issuance of Certificates of Participation for construction and operation of the Nampa Recreation Center - 1992 • Successfully obtained judicial confirmation of $3 million dollar issuance of Certificates of Participation for the construction and _ operation of the Ridgecrest Golf Course -1994 • Successfully obtained judicial confirmation of $3.5 million dollar issuance of revenue allocation (Tax Increment) bonds for various projects for the North Nampa Urban Renewal Agency including the construction and operation of the Idaho Center-1996 • Successfully obtained judicial confirmation of $12 million dollar issuance of revenue allocation (Tax Increment) bonds for various projects of the North Nampa Urban Renewal Agency including the _ construction and operation of the Idaho Center -1996. _ Memberships: Idaho State Bar; Idaho Trial Lawyers Association; Association of Trial Lawyers of America Kiwanis' Club of Meridian WILLIAM A. MORROW PARTNER • B.A. (Cum Laude) Kent State University 1973 • J.D. University of Idaho 1979 - Bar Admission: Idaho And Us District Court, District of Idaho 1979 • US Court of Appeals For The 9"' Circuit 10"' Circuit and the District _ of Columbia Circuit • US TAX COURT Municipal Experience: - Civil Counsel and later Chief Civil Counsel for Canyon County from 1980 through 1985. -' - Counsel to the Canyon County Planning and Zoning Commission - Canyon County Board of Commissioners. Provided a variety of governmental advice and opinions for both _ the commissioners and the County Commissioners and the Planning and Zoning Commissioners. _ handled all the civil lawsuits against Canyon County during that time period. - Chief Deputy Prosecuting Attorney 1985-1987. - Supervised all felony and misdemeanor attorneys - - Supervised a variety of prosecutorial functions ranging from juvenile, child protection, mental commitment, misdemeanor and felony cases. - Supervised all personnel in the office. • Assisted in representation of City of Nampa from 1987 through the - present - Acted as Co-Counsel for the City of Caldwell from 1990 through 1994. - Extensively involved in public records disclosure advice and litigation on behalf of the City of Nampa. • attended numerous Council meetings and occasionally attended planning and zoning meetings. _ Worked with the City of Nampa with its impact negotiations with Canyon County. _ Worked extensively with the Nampa Police Department in providing a variety of police and criminal investigative advice, including training to police officers on various legal topics. • Handled numerous civil rights lawsuits against Canyon County and the City of Nampa.. • Handled a variety of planning and zoning matters both privately and as the attorney for municipal entities. • Regularly provide counsel on of governmental projects. - Have been involved in extensive environmental litigation as well as regulatory administrative law. _ Handled a number of cases on appeal to the Idaho Court of Appeals, the Idaho Supreme Court, the Washington D.C. Circuit Court of _ Appeals, and the 9th Circuit Court of Appeals. Memberships: • Board of Directors and officer, Kiwanis Club of Caldwell • Assistant Scout Master, Troop #221, Caldwell _ Idaho State Bar • 3`d District Bar Association (former President) • Canyon County Bar Association _ Idaho Trial Lawyers' Association • American Bar Association CHRISTOPHER S. NYE Partner - B.A. University of Kansas 1979 • J.D. University of Kansas 1982 • Bar Admission: Idaho 1982, U.S. District Court (Idaho) Current Practice: _ Practice at White, Peterson, Pruss, Morrow & Gigray, P.A. emphasizes family law, general litigation and criminal law. _ Municipal and Criminal Law Experience: • Personally tried in excess of 50 jury trials and 500 -1000 court trials • Canyon County Deputy Prosecutor 1983 -1986. Duties included: prosecuting criminal violations ranging from speeding tickets to first - degree murder • Canyon County Public Defender's Office 1986 -1989. Duties -' included representing indigent criminal defendants on serious felony matters (drugs, sex crimes, robberies and homicides). • City of Homedale: provided all legal representation including prosecution of misdemeanor violations and successful representation _ before the Idaho Supreme Court in the Planning and Zoning case of Brady v. City of Homedale (1996). _ City of Caldwell: civil and criminal matters including direct supervision of all criminal misdemeanor matters for the City of Caldwell. • City of Nampa: litigation matters (the City is self-insured) including successfully defending the City in June of 1997 in a slip and fall case - that occurred at Ridgecrest Golf Course. Other Litigation Experience: • Contract attorney for the State of Idaho, Department of Heal#h and _ Welfare. Duties include filing paternity and child support actions. • Jury Trial Experience: employer/employee wrongful termination lawsuits. • Successfully obtained the largest verdict ever awarded in the Third _ Judicial District (Jacobson Feedlot v. First Interstate Bank (1990), Wm. Morrow, lead counsel). - Memberships: • Idaho Trial Lawyers Association - The Association of Trial Lawyers of America WILLIAM F. NIGH4LS ASSOCIATE • B.A. (Magna Cum Laude) Linfield College 1977 • J.D. University of Oregon 1980 • Bar Admission: Oregon 1980; Idaho 1986; U.S. Tax Court 1984 - Current Practice: _ Practice at White, Peterson, Pruss, Morrow &Gigray, P.A. emphasizes real estate law, corporate law, municipal law, estate planning and general litigation. Municipal Experience: _ City Attomey and Assistant City Attorney for City of Nyssa, Oregon for 15 years (1983-1999); - City Attorney and Assistant City Attomey for City of Adrian, Oregon for 17 years (1982-1999); and -' City Attorney and Assistant City Attorney for City of Jordan Valley, Oregon for 11 years (1988-1999). - As City Attorney for these small Oregon communities, I was responsible for drafting all Ordinances and most Resolutions. My duties included _ advising the Councils and City Staff on a variety of matters including land use, personnel, public contracting and civil litigation. While Nyssa City Attorney 1 also participated in collective bargaining. I also represented _ special districts which are quasi municipal corporations and school dlStrlCtS. General Interest: - After almost 19 years of practice in a law firm in Nyssa, Oregon, I moved to Nampa, Idaho to work as an associate with the firm of White, Peterson, Pruss, Morrow ~ Gigray, P.A. One of the - reasons for seeking a position with this firm was its well-deserved reputation in a variety of areas, including municipal law. - Memberships: • Idaho State Bar - Section: Membership; Real Property • Oregon State Bar _ Section: Memberships: Real Property/Land Use L_aw Practice Management, Alternative Dispute Resolution • Oregon City Attorneys' Association _ Third District Bar • Malheur County (Oregon) Bar Vice President (1998-1999) - Fee Dispute Arbitration Panel Malheur County, Oregon Third Judicial District, Idaho - Arbitration Commission Ninth Judicial District (Malheur County, Oregon) • Arbitrator -Court Annexed Arbitration - Baker, Grant, Harney, Malheur Counties, Oregon. R. STEPHEN RUTHERF4RD ASSOCIATE - B.S. Political Science, Idaho State University • J.D. University of Idaho 1996 • Bar Admission: Idaho 1996; U.S. District Court (Idaho) 1996 -' Washington State University, Interpersonal Mediation Training Current Practice: • Practice at White, Peterson, Pruss, Morrow & Gigray, P.A. _ responsible for prosecuting all misdemeanors and infractions for the City of Meridian, including preparing, attending and representing the City of Meridian in jury trials, court trials and various hearings before _ the Magistrate and District Courts of Ada County. Advise the Meridian City Police Dept and other City departments on legal issues. Responsible for generating recommendations from Meridian - Planning and Zoning Commission to the City Council. Experience: • Misdemeanor Public Defender, Ada County Public Defenders Office 1996-1998. • Research Assistant, Ratliff Law Offices 1996 -" Research Assistant, Professor Maureen Laflin, University of Idaho College of Law 1995 _ KATHY EDWARDS Associate • B.A. Political Science, University of Idaho 1991 '- J.D. University of Idaho College of Law 1997 _ Bar Admission: Idaho 1998; U.S. District Court (Idaho) 1998 Current Practice: • Practice at White, Peterson, Pruss, Morrow& Gigray, P.A. assigned to serve the Meridian City contract as a Meridian City Prosecuting _ Attorney. Handle all phases of Meridian's misdemeanor criminal cases: charging, arraignment, pretrial, jury or court trial, the sen#encing phase, and probation violations or con#empt. Also -- advises the Meridian City Police Department on legal matters, current case law, and other miscellaneous issues.. Experience: • Deputy Canyon County Public Defender: June 1998-March 1999 • Law Clerk for the Hon. D. Duff McKee, Fourth District Judge: June _ 1997-May 1998 • Extern for the Hon. Thomas G. Nelson, Ninth Circuit Court of _ Appeals: January 1997 -May 1997 • Intern, Whitman County Legal Assistance Program: November 1995 _ -December 1996 • Intern, University of Idaho Legal Aid Clinic: May 1996 -December 1996 Memberships: • Fourth District Bar Association • Idaho State Bar Association "' Idaho Crime Prevention Association • Chair, Ada Coun#y Domestic Violence Task Force D. SAMUEL JOHNSON ASSOCIATE • B.S. University of Idaho 1989 • J.D. University of Idaho 1993 - Bar Admission: Idaho 1993, U. S. District Court (Idaho) 1993 Current Practice: • Practice at White, Peterson, Pruss, Morrow & Gigray, P.A. includes general civil litigation, handling misdemeanor prosecution for the - Cities of Wilder and Greenleaf, and City Attorney for the City of Melba "" Municipal and Criminal Law Experience: _ City of Melba: Act as general counsel for the City of Melba advising on all issues and aspects of local government law, i.e. land use and planning and zoning, drafting of ordinances and resolutions, and _ attendance of regular and special City Council meetings, etc. • Cities of Wilder and Greenleaf: Act as City prosecuting attorney for - the cities of Wilder and Greenleaf, responsible for prosecuting all misdemeanors and infractions, conducting court and jury #rials, and appearing at various other hearings and proceedings before the - magistrate's division of the district court. Memberships: • Third District Bar Association "' American Bar Association • Idaho State Bar • Idaho Trial Lawyers' Association • Kiwanis Club, Meridian DAVID M. SWARTLEY ASSOCIATE - B.A. History, University of Puget Sound, 1992 • J.D. University of Idaho 1995 • Bar Admission: Idaho 1998; U.S. District Court (Idaho} 1998 _ Current Practice: _ Practice at White, Peterson, Pruss, Morrow & Gigray, P.A. includes general civil litigation, Deputy Prosecuting Attorney handling misdemeanor prosecution for the Cities of Wilder and Greenleaf. Experience: - Law Clerk, Davison & Copple, Boise, ID 1999 • Real Estate Law, Albertson's corporate office, Boise, ID 1996-1999 • Intern, Brown & Edwards, 1994 General Interest: Participated in ATLA at University of Idaho. Worked with United way at Albertsons. Memberships: • Third District Bar Association • American Bar Association PHILIP A. PETERSON Partner B.S. (Cum laude) Accounting, University of Idaho 1969 • J.D. (Cum laude) University of Idaho 1979 Bar Admission: Idaho and US District Court 1979, • US Tax Court 1980 Current Practice: Peterson, Pruss, Morrow & Gigray, P.A. • Practice at White, emphasizing Estate Planning, ampande B B nesssTaxe Plann ng, - Probate, Tax Planning, Person general Business Litigation _ Municipal Experience: Consists of providing pension and employee benefit Counsel to _ municipal clients. _ Memberships: • Third District Bar Association (Member, Taxation Section) • Idaho State Bar (Member, Taxation Section) - Southwest Idaho Estate Planning Council • Canyon Area United Way, Past President, Past Member of Board of - Directors Kiwanis Club of Nampa, 1981 to present, past President, currently '"' Treasurer and Member of Board of Directors _ I Believe, Inc. Member of Board of Directors • University of Idaho Alumni Association, Inc. Past member of the National Board of Directors • Southwest Idaho chapter of the University of Idaho Alumni ,.., Association, currently Treasurer and a Member of the Board of Directors. STEPHEN L. PRUSS PARTNER A.A.S. Wenatchee Valley College 1977 - g.A. (Summa Cum Laude)Northwest Nazarene College 1979 .D. University of Washington, University of Idaho 1985 J • Certified Public Accountant, Idaho 1983 BAR ADMISSION: IDAHO 1985, US DIST als N ntOh CirculitDAHO) 1986, U.S. Tax Court, 1988, Court of Appe , Curr®nt Practice: Pruss, Morrow 8~ Gigray, P.A. _ Practice at White, Peterson, and probates. emphasizes estate planning Professional Affiliations: President, Southwest Idaho Estate Planning Council 1991 • Council 1996 -1998 • President, Southwest Idaho Planned Giving Chairman, Tax Probate and Trust Law section of the Idaho State Bar 1998 Memberships: _ Third District Bar Association _ Idaho State Bar (Taxation Section) Southwest Idaho Estate Planning Council TODD A. ROSSMAN - Partner • B.B.A. Boise State University 1986 (majoring in Accounting) • J.D. Gonzaga Law School 1989 • LL.M in Taxation University of Denver 1990 • Bar Admission: Idaho and US District Court 1989, - US Tax Court 1990; • US Court of Appeals, Ninth and Tenth Circuits 1990 Current Practice: • Since 1990 in Practice at White, Peterson, Pruss, Morrow & Gigray, P.A. emphasizing State and Local Taxation, federal Taxation, _ Business and Corporate Law, Estate Planning, Real Estate, Contracts, Non-Profit entities Memberships: • Third District Bar Association - Idaho State Bar (Member, Taxation Division) • Southwest Idaho Estate Planning Council (President 1995) JULIE. KLEIN FISCHER ASSOCIATE • B.A. (Magna Cum Laude) History and Political Science, Albertson - College of Idaho 1989 • J.D. University of Idaho 1992 • Idaho Law Review • Bar Admission: Idaho 1992, US District Court (Idaho) 1992 Current Practice: • Practice at White, Peterson, Pruss, Morrow & Gigray, P.A. _ emphasizes business and real estate law, water law and general litigation. General Interest: • While attending Albertson College of Idaho, Julie studied English Literature and Theatre in London, England. While attending the University of Idaho, Julie was senior editor of the Idaho Law Review, - published the Idaho Water Law Symposium Issue in 1992, and authored "Muddy Waters: Right to Conserve Water in Idaho," Idaho Law Review. Memberships: "' Idaho State Bar • Idaho Water Law Section _ INTRODUCTION _ Our office has appreciated the opportunity to serve as your City Attorney this past year and hope we will be able to continue to serve in that capacity. In order to assist the Mayor and City Council in their strategic planning and by way of reporting to _ the Council the functions of our office this past year we present the following report. It should be noted that there has been earlier presented a memo from this office to the City Council which this report shall augment for your consideration. This report is.also designed to provide information to the Mayor and Council matters of a legal concern for the next fiscal year. This report categorizes the work performed and the future recommendations by department. There are in many instances matters which overlap from one department or segment of City government to another. We have listed matters only under one department to avoid duplication. "" Further it should be noted that an extremely important part of this job is communicating with Department Heads, the Mayor and Council members. There have been over the year numerous conferences either by phone, in person or by direct, or "~ copy of, memos on all types of subjects of concern and City business process with all department heads. This report does not attempt to outline such communications other than the fact that they in many instances relate to matters reported herein or in our previous report. MAYOR AND COUNCIL: Projects fiscal year 1998-1999: - Attend all Council meetings and meetings of standing committees established by the Council for which technical legal assistance is requested. • We advise the Mayor before every Council meeting on the legal and procedural aspects of the meetings agenda. • Worked with the Mayor and Council to implement the "Consent Agenda" • Reviewed and responded to Sterling Codifier communications in _ coordination with department heads regarding the update project of the Meridian City Code, in order to obtain a new City Code that is up to date. Page -1- Process completed except for review with City Council and passage of the new Code "~' • Review of the Ada Planning Association Draft Joint Powers Agreement Creating the Regional Planning Association. - This was a previously reviewed. Prior draft presented legal questions as it stated that the Association was an independent legal entity, which it is _ not, and the format of agreement did not follow the joint exercise of power law which power it should be invoking. Revised documents look much better. • Prepared letters and reviews to the Mayor and City Council on recent Supreme Court cases which address issues related to procedural due process and civil rights, and bias and disqualification which is helpful for all types of hearing protocol whether land use control, licensure or employment related. This information was inclusive of procedural due process issues and recommendation and advise to the Mayor and Council on how to handle -- everyday situations in this regard involving City business. • Drafted new updated Motor Vehicle Emissions Control Ordinance. • Revised the Aschenbrenner Lease Agreement. • Drafted agreement and negotiated with State of Idaho Board of Education _ on the transfer back to the City of the old wastewater treatment plant and ongoing use by BSU of the facility. _ Reviewed matters related to Ken Hamilton Lease Agreement. • Report to department heads and Council regarding the state law _ requirements for Professional Service Contracts. Projects anticipated for fiscal year 1999-2000: • Need to draft and enact new ordinance to govern the conduct of Council meetings to replace Section 1-7-5. Proposal is presently being reviewed - by our office to be put in ordinance form for consideration by the Mayor and City Council. "' Proposal for consideration of establishment of pre-Council agenda format. - Page -2- _ Proposal for an ordinance establishing all other departments except for the Fire Department which outlines the responsibility of department heads (in similar form to Fire Department ordinance passed earlier 1999). • Develop a written capital improvement plan for the City. This should begin with a review of the Capital Improvement Plan of the - Comprehensive Plan at pages 81-84 of that plan. This is the presently adopted Capital Improvement Plan of the City. Capital Improvement Plans assure planning and are important for future budgetary "" considerations. The Plan should continue to be comprehensive of the needs of the City for public works improvements particularly water and sewer needs, new city hall, fire substations, parks and recreational - facilities and possibly cultural facilities in the future as well as other public facilities. The adopted plan will continue to be an integrated part of the _ Comprehensive Plan of the City. This is to assure its coordination in the implementation of the Comprehensive Plan as a component part and in relation to other sections of the Comprehensive Plan such as "Public Services", "Facilities", "Utilities", and "Recreation" and "Implementation". • Work with ACRD on major transportation concerns and needs of the City, - to ensure a well written Transportation component of the Comprehensive plan which should also include coordination with neighboring jurisdictions. - Work with ACRD on legislation to simplify and provide City control of easement vacations {I.C. § 50-1325}, and to assure the ability to make - transfers of real property to other government entities in accordance with the provisions of I.C. § 67-2322. '-' Negotiation of a new franchise contract for solid waste disposal services. • Review and finalize a draft for consideration by City Council of a Meridian _ Day Care License Ordinance. This will be followed with technical assistance to the Clerk's office in the drafting of application forms and a _ process for follow up and license enforcement. - CITY CLERK'S OFFICE Projects fiscal year 1998-1999: • Preparation of forms for applications for private security services licenses under the authority of the City Clerk. Presently drafted a form for Adult "' Entertainment License. Page -3- - Developed form notices and filings for the process of Judicial Review to enable the timely notice requirements and filings required of the Clerk's office to establish the agency record and transcript of proceedings. • Develop routing forms for information and material coming from our office in relation to development applications which requires routing in various sequences to various developments and to applicants which documents are routed through the Clerk's office. '~ Drafted ordinance and Council passed creation of new position of Deputy City Clerk. ~ ~ - • Develop notice forms for regulatory fee increase and annual budget hearing. • Provided forms for use for public record disclosure requests. - Projects anticipated for fiscal year 1999-2000: • We have now completed a legal review and have drafted an amendment - to the City's Adult Entertainment Ordinance which will be provided to the Clerk and Mayor for review within the next week. • Implement the system for keeping the official copies of the City Code up to date and work on the appropriate format and disclaimers for placing the City Code on the Internet. • Adoption of forms for applications for all licenses under the authority of the City Clerk which are not presently approved by the City Council. Work with City Clerk on license requirement follow-up issues and notices of violation. - TREASURER Projects fiscal year 1998-1999: • Development of proposed format for the compilation of information from -' Department heads for budget requests. Due to computer programming problems it was not implemented this fiscal year.. _ -_ - Defend claim from soft ware product supplier. -' Page -4- '-' Advise regarding credit cards and accounts for City employees. • Drafting a procurement Ordinance and manual to provide a process and "- policy by which all of the City's procurement is processed. The draft ordinance will propose to establish the Treasurer or the Treasurer's _ designee as the Procurement Director. This includes extensive ordinance provisions and a procurement manual. The purpose is to assure a process which is consistent and protects the City's interests and provides _ minimum requirements for how the City does business in all of its procurement ~._ ..~ _- -... __ . _.. . • Reviewed all files of pending LID matters. Determined that the open LIDs could not go forward either by reason of lack of assessment prior to expenditure or there was not adequate City ownership or control of the property to be improved. The LID process is very precise and deliberate and it must follow a specific format to be successful. Presently reviewing Cherry Lane LID with Engineering for report to Mayor. Provide technical assistance in contract reviews. legal response to City Audit. Projects anticipated for fiscal year 1999-2000: • Review and consider enacting a procurement Ordinance and manual to _ ~ provide a process and policy by which all of the City's procurement is processed. The draft ordinance will propose to establish the Treasurer or the Treasurer's designee as the Procurement Director. This includes _ extensive ordinance provisions and a procurement manual. The purpose is to assure a process which is consistent and protects the City's interests and provides minimum requirements for how the City does business in all _ of its procurement. . • Implement with approval of Mayor and Council the proposed format for the compilation of information from Department heads for budget requests. Legal work for any proposed LID's proposed or initiated. Page -5- PLANNING AND ZONING DEPARTMENT Projects fiscal year 1998-1999: Attend all Planning and Zoning Commission meetings. Draft and file recommendations for the Planning and Zoning Commission on all matters. • Drafted form staff reports for most types of land use and development _ _._ related applications. _ ~ ` • Worked with the Planning and Zoning Department and the Clerk's Office on the development and implementation of a tracking and numbering system for all land use and development applications pending before the City. The Mayor and Council can now review these reports which are -- periodically updated and which provide information on where in the process all land use and development applications are. This also is a good report to ascertain the volume of applications in the system. • Prepared By-laws for Transaction of Business before the Planning and -' Zoning Commission. Hosted an In-service Program with the Planning and Zoning Commission on October 15, 1998 and drafted corrections and delivered to Chairman November 2, 1998. "~ ~ _ • Developed a process and drafted routing slips for use by the City Clerk's office regarding land use applications and development requests in the impact area processed by Ada County to assure comment by the _ Planning and Zoning staff and/or Commission. ~'. - • Developed a process by which all transmissions regarding certain ... development requests are routed by the City Attorney's office to Public Works Department. This was done to assure communications and verification by the Public Works Department of property descriptions for annexation ordinances. The City Attorney's office also does verification of property ownership with title companies on development agreements to assure that the owner is the party to the agreement. City Attorney's office also verifies with the Secretary of State's oft:tce that corporations or L.L.C.'s etc. who are parties to the agreements are currently registered to do business in the State of Idaho. Developed a system of transmittal -' information for documents prepared by this office which are routed to the Clerk's office to provide instructions regarding follow up by the Clerk's office. Page -6- r • Reviewed and negotiated the Service Contract of SAIC for the preparation of the new Comprehensive Plan of the City. • Draft and file with the City Clerk and within 10 days of City Council _ Meeting all Findings of Fact, Conclusions of Law Decisions and Orders, development agreements and ordinances, for annexations, zoning and re- zoning, conditional use permits, variances, accessory uses etc., and Findings and Orders of Preliminary and Final Plat approval and orders on contested motions which were heard by the Council. Our office developed the format for these documents. • Drafted a manual entitled "Development Application Procedures" for use by the City Council which includes Policy and Procedure for annexation .-. and zoning, conditional use, final plat, preliminary plat variance and zoning applications which also provides format for Council motions. This has been enacted by the City Council. • Worked with the Clerk, City Council and Mayor to direct an order of process of land use applications which includes process to ensure that development agreements are signed before final action on annexation and zoning or re-zoning is taken by the Council. "' Developed a form for development agreements to ensure consistency in format and control to assure City interests are protected and to avoid confusion. • Appeared before the Ada County Commission on the Vienna Woods _ Subdivision request with City Public Works Director and Planning and Zoning Administrator. Issue of development in impact area. The center piece of this meeting was the presentation of City's position regarding providing utility services in the northeast section of the City's impact area. Also prepared and filed City's written response to the County. • Draft development agreements that were required in past years but never prepared. This requires verification of ownership and property descriptions. • Drafted and submitted for consideration a comprehensive sign ordinance. • Drafted and submitted for consideration an ordinance to provide for development agreements that conforms with changes in state law. • Drafted and submitted for consideration an ordinance to amend the City's _ provisions on the non-transfer of conditional use permits. Page -7- Projects anticipated for fiscal year 1999-2000: • Work with the Planning and Zoning Department staff to develop a format for staff reports on land use applications and development requests which outline the facts and issues necessary for decision making and including, ,_„ when required, Comprehensive Plan reviews. This will make the process of decision making and drafting findings of fact and conclusions of law and orders of decision easier. The application form and the staff report _ which will follow should address all the needed questions of fact and conclusions of law regarding the application. A proposal has been submitted it needs to be reviewed and modified to meet staff needs. The land use application process would then follow with the Planning and Zoning Commission Recommendations. These should be used as the centerpiece of any public hearing before City Council. The Staff member reporting to the City Council could include in their orientation of the location and type of land use or development request the introduction of the Recommendations of the Planning and Zoning Commission. Staff could briefly review the recommendations with the Council and advise of what changes staff requested if any and why. This _ would be followed by the developer and then other witnesses that might appear. The issues of fact and law will then be narrowed down for the _ Council. Our office has developed its routing memos for Planning and Zoning Commission Recommendations with this in mind. A staffing of the Mayor and Department heads regarding this recommended procedure _ has already been accomplished. • Review of the process for large developments as it relates to the issuance _ of permits needed in association with approved zoning, conditional use permits, and development agreements should be undertaken as the City is facing more and more of this type of development. This would be undertaken with the intent to improve communications between developers and the City officials. • An updated Comprehensive Plan is very important. We recommend that change to the written Plan be undertaken to take into account the holding of the Idaho Supreme Court in Sprenger, Grubb & Associates, Inc. v. City '-' of Halley, Idaho Supreme Court Docket No. 24483 filed August 12, 1999. In that case the Court held: "Thus, we conclude that a valid Comprehensive Plan must contain each of the _ components as specified in § 67-6508, unless Page -8- the plan articulates a reason why a particular component is unneeded." One of the provisions, which was a peripheral issue in that case, was I.C.§ 67- 6508 (a) which provides: (a) Property Rights - An analysis of provisions which may be necessary to insure that land "' use policies, restrictions, conditions and fees do not violate private property rights, adversely _ impact property values or create unnecessary technical limitations on the use of property and analysis as prescribed under the declarations of purpose in chapter 80, title 67, Idaho Code." Since the City's Comprehensive Plan was adopted in 1993 it does not have such a provision.. The alarming point of the case is that the Supreme Court held that because Hailey's Comprehensive Plan did not -~ contain a land use map, which is also required by I.C. § 67-6508 (e), the zoning ordinance that was enacted at the time was invalid. The Idaho Supreme Court decision stated regarding the property rights component - as follows: "The property rights component, on the other "` hand, was added by amendment in 1995, and the legislature did not address the question of when existing Comprehensive Plans must be -` updated. 1995 Idaho Sess. Laws ch. 181. Accordingly, the absence of a property rights component in October 1996, when Ordinance No. 691 was adopted, can more plausibly be defended as a temporary but remediable ,,_, circumstance...." We do not think there are grounds for panic but this component needs to .-. be prepared as soon as possible and enacted. We are also of the opinion this component will require the City to enact an ordinance that will put into effect property right regulation process. The criteria for that - ordinance have been included in the Attorney General's handout entitled "Idaho Regulatory Takings Act Guidelines". This process should also include an amendment to the Implementation section of the '"' Comprehensive Plan. Consider and draft a Transfer of Development Rights Ordinance which Page -9- -- will require Comprehensive Plan identification {i.e. waste treatment plant activities] of areas suitable for development rights transfer. Legislation authorizing this does not become effective until July 1, 2000. • Enact legislation to amend the non-transfer of conditional use permits. _ Enact legislation to provide for amendment of the Development Agreement ordinance to comply with new state law I.C. § 67-6511A. • Develop a process to enable the capacity of the Planning and Zoning Commission to process the enormous load of land use and development _ applications and due timely reviews of impact area land use applications, and complete comprehensive plan review, and review needed legislation involving matters under its original jurisdiction. This may require more _ meetings or an establishment of a Planning Commission and a Zoning Commission which is allowable under I.C. § 67-6504. - There is a need to coordinate follow up on compliance with conditional use permits, development agreements and all the other conditions of development approval for which the department is responsible. This will involve a considerable amount of code enforcement. • Work with the consultant on components of the Comprehensive Plan, "' particularly implementation and property rights . • Insure the Ad Hoc Committee work such as the Mayor's committee on _ beautification is reviewed in the process of the new Comprehensive Plan development. • Review and comment and draft a Landscape Ordinance which will need to also be integrated with the Comprehensive Plan. Review and provide _ input to proposed draft landscape ordinance (draft by Steve Siddoway) to draft ordinance for consideration by Planning and Zoning Commission. Work with the Committee and the Planning and Zoning Commission and City Council to enact a sign ordinance. Review the area of Impact Agreement & Ordinance with Ada County to assure the process is current and completed. PUBLIC WORKS Projects fiscal year 1998-1999: Page -10- • Review and consultations regarding engineering services contracts and - easements and construction contract matters. • Development of form agreement for the extension of water and/or sewer - to persons and property outside the City Limits. This included different forms for when service lines must be extended and when service line are not extended. Purpose of a required form agreement is to assure that no "' property outside the City limits is served without an agreement. This is to protect the City's system and to assure that the property owner consents to annexation when legally appropriate, and to assure the protection of _ the proprietary funds of the City relative to the extension of those services. • Attendance at meetings with developers project managers and engineers regarding development matters relative to City utility issues. Settlement agreement claims: Simunich claim; _ Review of matters relative to the construction of interceptor and upgrade of waste treatment plant. Developed forms for use on code enforcement matters. Projects anticipated for fiscal year 1999-2000: • Consideration of the amendment of § 9-4-26 Meridian City Code to eliminate the requirement for a double connection fee for service outside _ the City limits. Amendment to this ordinance needs to be considered to provide that sewer service can be provided for the same connection fee _ so long as the user pays for the costs of the extension of any lines or appurtenances to the site, and that the lines and appurtenances are in accordance with City specifications, and the user agrees to enter into a _ standard form agreement. A feature of the ordinance would include when the over sizing of lines is required the City would agree to enter into a latecomer's fee agreement to reimburse the developer-user who extended _ the lines. • Consideration and review of the legal aspects of the need for the City to - obtain and/or provide funds for the design and construction of an interceptor sewer line north of the City and for the design and construction of additions to enlarge the capacity of the waste treatment plant. There are constitutional and statutory limitations which seriously affect these considerations. Page -11- Projects fiscal year 1998-1999: • Worked with for the Development of the 1997 Uniform Building Code which is drafted and in the new Code book. Projects anticipated for fiscal year 1999-2000: Review the other life safety codes under the Building Officials jurisdiction to assure they are current. Review and revise fee schedule for building permits. FIRE JEPARTMEi~iT: Projects fiscal year 1998-1999: • Draft Contract Service Agreement Meridian Rural Fire District. • Draft Mutual Aid and/or assistance agreements for: Nampa, Boise, Kuna. • Draft Agreement and associated documents for purchase of new fire station property and review documents related to closing on property and _ construction of new fire station. • Draft ordinance on organization of department. • Draft ordinance adoption of 1997 Uniform Fire Code. Drafted documents for the purchase of the Meridian Rural Fire Protection District interest in the main fire station. • Draft ordinance to update and review Fireworks ordinance. • Review of issues related to real property at Ten Mile and proposals for "' soils tests. ._ Projects fiscal year 1998-1999: Page -12- :.Soc cf,er~.l C.c~snct~, c,~ - . Draft ~Eaf#~nr ordinance which was enacted. • Other matters under the jurisdiction of the Police Department will be - reported upon by Steve Rutherford and Kathy Edwards. _ HUMAN F?~SOtJRCES: _ Projects fiscal year 1998-1999: • Draft resolutions amending and updating personnel policy manual. Projects anticipated for fiscal year 1999-2000: .-. Future will include a complete revision of the personnel policy manual which will have to be reviewed and prepared for passage by Council. This is being worked on by Pauline Skeggs at this time. P~,RKS t~ND RECREATION: Projects fiscal year 1998-1999: • Review and staff meetings in regards to real property purchases. - Review of proposal for contract services for Comprehensive Park Plan. • Preparation of form agreement for independent contractors for - recreational services. • Negotiations and draft of license agreement (Fothergill) which could be - form for use in other areas under the control of Nampa/Meridian Irrigation District. "' Draft City's response to Bureau of Reclamation request for comment on proposal to transfer property interest to Nampa/Meridian Irrigation District. '-' Draft agreement for purchase of property around Generations Plaza and follow up to close the transaction on the 30th of August. • Draft ordinance for Park regulation in Tulley Park relative to dogs. - Projects anticipated for fiscal year 1999-2000: Page -13- • Complete the Comprehensive Plan for the Parks system. • Prepare ordinance provision for govern activity in the Fothergill park area as follow up to license agreement. - Complete the Comprehensive Plan for Parks and integrate that into the Comprehensive Plan of the City. This will also assist in the development of an ordinance for the transfer of development rights and for use in consideration for the update of the capital improvement plan. • Review Parks and Recreation Impact Fees for availability for use in "' funding and implement a process to enable the transfer of real property in lieu of impact fees. • Review all fees and draft resolution to update fees _ Draft Park ordinance regarding park rules and regulations • Development of a gift and donations program for City Parks and _ Recreation to encourage gifting to the city for real and personal property for public parks and recreational purposes. -- COUNCIL STANDING COMI~r'iiTTEES: SWAAC: Provided technical legal support to committee and draft for the Council's consideration a complete revision of the City Code for Sanitary Service system. _ DEFENSE IN Ci'JIL ISSUES: Defend the City in Judicial Reviews: James N. Witherell, v. City of Meridian et al. Case no. CV OC 9704203D; Status: Briefs have been filed and set for Oral Argument on September 7tn Greenhill Estates Subdivision No. 3 Water Corporation and Jackson's Food Stores, lnc., v. The City of Meridian, Case No. CV OC 9806083D Status: Matter set for continued status conference, Judge McKee, to be completed by Sept. 7, 1999, review of Clerk's Record and transcript of proceeding to settle record. Page -14- r Defend open meeting law claims: Greenhill Estates Status: Discovery nearly complete, set for status conference, Sept. 7, 1999. Plaintiff to decide if they will proceed with Open Meeting Law case by Sept.2nd. Monitor pending litigation that is handled by ICRMP assigned counsel Gary Cushman v City of Meridian Pat Arellano v City of Meridian "' Roy Mocaby v State of Idaho Wes Musser v City of Meridian I hope this is of assistance to the Mayor, Council and if agreeable and subject to direction of the Council for our office's use with Department Heads to follow up on the projects identified. ,_, Respectfully submitted: -~~ ... i hite, etersop ru rrow & Gigray, P.A. August 24, 19 r.. Page -15- September 20, 1999 Keith Borup Planning & Zoning Commission Chairman - Dear I noticod that the September I S~ edition of the Valley Neva had a request for proposals - for legal services for the City of Meridian I was wrpriaed to set thin in light of what I thought was a good relationship with the current legal reprnsontation. - I would like to say that, from my perspective as Planning ~ Zoning Commission Chairman, we have been very happy with the service and the work performed on our behalf. They have bete both accessible end knowlodgeable. I am in full support of Meridian's current legal representation and feel it is in the best interest of the City to continue such. - 09/17/1999 To the City Council of the City of Meridian. _ We, the undersigned employees of the Meridian Police Department, wish to express our support of the current City Attorneys. We believe it is in the best interest of the City to not change Attorneys. The level of professionalism and dedication we have - experienced is refreshing compared to past years. They are objective, well trained and efficient. If you have any questions regarding this petition, lease feel free to contact any one ersi ned. _~ ~ T l ~ ~t~ ~~ Q~ c~ ~~ ~~~,2~ ~ ~ ~o.;r~ ' t ~s,~ ~~ 7~,~ Y ,~~rc ~ ~w~~ ~r~ c~ _ -+ _~ ~~ ~-~c~ .. ~~'`'~ c ~7°~ - c ~,~~..1. "~' AGREEMENT FOR LEGAL SERVICES FOR FISCAL YEAR 1999-2000 This Agreement made the day of , 1999, between White, Peterson, Pruss, Morrow ~ Gigray, P.A., a professional association - located at 200 Carlton Ave., Meridian, Ada County, Idaho, hereinafter referred to as WPPMG, and the city of Meridian, a municipal corporation, hereinafter referred to as City. RECITALS A. WPPMG agrees to perform certain services for City under the terms and conditions set forth in this Agreement. C. City agrees to retain WPPMG as City attorneys under the terms and _ conditions set forth in this Agreement. In consideration of the mutual promises set forth in this contract, it is - agreed by and between City and WPPMG as follows: SECTION ONE NATURE OF WORK _ WPPMG agrees to provide all civil and criminal legal services to the City of Meridian for the fiscal year 1999-2000. This includes attendance at all City Council and Planning and Zoning Commission meetings as well as preparation of the - necessary ordinances, resolutions, planning and zoning matters, contracts, judicial review of planning and zoning decision matters, and all other related legal work. SECTION TWO COMPENSATION; EXCLUSIONS City agrees to pay the sum of $33,000/month fixed fee for said services. - Excluded from this amount, if applicable, would be lawsuits not covered by insurance, judicial confirmation proceedings and legal opinions on bond and finance matters, all _ of which would be negotiated should they arise. Also excluded are those matters where the City is required to provide separate legal counsel to a department and WPPMG is also required to act as legal counsel to the Mayor and Council. AGREEMENT - SECTION THREE .._ TERM OF AGREEMENT This agreement shall be for an initial term of one fiscal year. The agreement - will continue from year to year unless either party desires to terminate this agreement at the end of any fiscal year upon giving written notice at least 30 days prior to the _ fiscal year end. The scope of services to be provided and the compensation therefor shall be reviewed during each succeeding budget period and adjustments made, if mutually agreed. SECTION FOUR COUNTERPARTS This agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY OF MERIDIAN By: ROBERT D. CORRIE, MAYOR WHITE, PETERSON, PRUSS, MORROW ~ GIGRAY, P.A. By: ey/Z:\Work\M\Meridian 15360M\Meridian Presentation\Agreement AGREEMENT - 2 WHITE, PETERSON, PRUSS, MORROW St GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH PHILIP A. PETERSON KATHY ]. EDWARDS STEPHEN L. PRUSS JULIE KLEIN FISCHER ERIC $. ROSSMAN WM. F GIGRAY, 111 TODD A. ROSSMAN D. SAMUEL JOHNSON R. STEPHEN RUTHERFORD WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOCS~' TERRENCE R. WHITE •'~ CHRISTOPHER S. NYE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 •ALSO ADMITTED IN OR ••ALSO ADMITTED IN WA Email via Internet @ wtg@wppmg.com November 2, 1999 PLEASE REPLY TO MERIDIAN OFFICE ~~~~~ rf ~ v - 1 199 Manor Robert D. Corrie Meridian City Hall 33 East Idaho Meridian, Idaho 83642 CITY ~~' ~~~~-a~L~ Re: Agreement for the Appointment of City Attorney, the Provision of Legal Services and for Payment of Attorney Fees and Costs Dear Mayor Corrie: Please find enclosed the firm's proposed Agreement For The Appointment of City Attorney, The Provision of Legal Services and For Payment of Attorney Fees and Costs, for your consideration. As a follow up to the action of the City Council taken on the 5th of October of this year, I have prepared the enclosed agreement for your consideration. Please note the features of the agreement are in accordance with our proposal. To assist you in review of the agreement please note the following: This contract will cover all services referenced in the definition for "Contract Legal Services". We are of the opinion this will adequately cover the essential obligations of the office of the City Attorney. The services under "Additional Legal Services" includes judicial reviews which are not Planning and Zoning matters and/or other special actions therein referenced. The agreement proposes that we would handle non planning and zoning judicial reviews at $100.00 an hour, and that we would enter into a separate arrangement for any other work termed as "Additional Legal Services". The contract fee is as represented in our proposal at $33,000.00 per month, and we specified the fact that costs stated therein at Section VII are not covered in the retainer. This is how it is working at this time. Please note that the reference to travel expense is only on a City authorized basis. For example, when we represented the City of Caldwell we had to Mayor Robert D. Cowie November 2, 1999 Page 2 travel to Seattle to meet with Region 10 EPA representatives. This does not include travel costs such as going to court within Ada or Canyon Counties. Also, notice that we have provided in section VIII for Re-negotiation or Termination. This section is designed to work along with the budget process, and provides a mechanism for the City to end the agreement, if it chooses, and for this firm to do so as well. If that were to happen, it is proposed that it is fair to provide 60 days notice if the City wishes. to terminate and 90 days if this firm does. The point being that the City will need some additional time to find substitute counsel do the RFP and review. I would be glad to review this with you, if you choose. I await your response. Very truly yo s, . F. Gigray, III Enclosures msg/Z:\Worlc\M\Meridian 15360M\Nleridian Presentation\N[ayorAgmtContractl 10299.Ltr AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: City of Meridian White, Peterson, Pruss, Morrow & Gigrav, P.A. THIS AGREEMENT made this day of , 1999, by and 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 firm of White> Peterson, Pruss, Morrow & Gigray, P.A., a professional association, organized and existing by virtue of the laws of the State of Idaho, hereinafter referred to as "WPPMG". I. DEFINITIONS: 1. "Additional Legal Services" means and refers to legal services for judicial reviews of final actions of the City involving quasi judicial matters, other than planning and zoning matters, declaratory judgment matters not covered by the City's insurance carrier and special matters involving bonding and/or judicial confirmations and other matters involving legal actions against the City of Meridian not covered by the City's Insurance Carrier and/or matters involving litigation pursued under federal regulation and/or matters involving particular expertise. under federal regulations. 2. "Contract Legal Services" means and refers to the provision of legal services to prosecute all criminal misdemeanors, infractions, and code enforcement action involving matters occumng within the corporate limits of or initiated by Meridian or involving the enforcement of City ordinances and/or Idaho State Law; and the provision of legal services which shall include staffing of all City Council and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning matters, and all other related legal work, but this definition does not include circumstances when Meridian is required to provide separate legal counsel in employment matters, or matters under the jurisdiction of the state and or federal government. AGREEMENT - 1 3. "Fiscal Year" means and refers to Meridian's fiscal year, now beginning October 1st and ending September 30th of each calendar year, as provided by State la~v 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 iVleridian. 4. "Meridian" means and refers to the City of Meridian a municipal corporation organized and existing under the laws of the State of Idaho, party to this Agreement. ~. "WPPMG" means and refers to White, Peterson, Pruss, Morrow SL Gigray, P.A. an Idaho Professional Association organized and existing under the laws of the state of Idaho for the purpose of providing Legal Services. II RECITALS WHEREAS Meridian is to appoint a city attorney as provided in Idaho Code § 50-204; 2. WHEREAS Meridian is in need of legal services to prosecute all criminal misdemeanors and infractions and code enforcement actions involving matters occurring within the corporate limits of or initiated by Meridian involving the enforcement of City ordinances and/or Idaho State Law; and 3. WHEREAS Meridian is in need of legal services which shall include attendance at all City Council and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning matters, and all other related legal work. 4. WHEREAS Meridian may from time to time need additional legal services for judicial reviews of final actions of the City involving quasi judicial matters, other than planning and zoning matters, declaratory judgment matters not covered by the City's insurance carrier and special matters involving bonding and or judicial confirmations; and 5. WHEREAS WPPMG provides legal services for municipalities and is AGREENIE~1'I' - 2 willing and capable of providing Legal Services and Additional Legal services to the City of Meridian under the terms of this agreement. III TERM: The term of this Agreement shall commence on the date hereinafter set forth and shall be for an initial term commensurate with the fiscal year, subject to renewal and negotiation on scope of ~vorlc and compensation as hereinafter provided for. IV SCOPE OF WORD: WPPMG shall perform Contract Legal Services and Additional Legal Services for the City of Meridian in accordance with the provisions of this agreement. V. APPOINTMENT OF CITY ATTORNEY: For purposes of the legal requirements of I.C. § 50-204, Meridian appoints the Directors and lawyer associates employed by WPPMG as City attorney. VI. COMPENSATION: 1. For Contract Legal Services Meridian shall pay WPPMG the sum of Thirty Three Thousand and No/100 Dollars (533,000.00) per month; and 2. For Additional Legal Services Meridian shall pay WPPMG the sum of One Hundred and No/100 Dollars per hour for judicial review matters and for other Additional Legal Services based upon agreement between Meridian and WPPMG as authorized by the Mayor and City Council as a reasonable fee for the type of legal service required. VII COSTS: recording fees, ejchibit costs and subpoena and witness fees and travel costs will be billed separately as incurred by WPPMG as authorized by Meridian. VIII RE-NEGOTLATION OR TERMINATION: 1. At the time of the preparation of the budget in accordance with the procedures of Meridian, WPPMG shall submit its proposal for the scope of work and compensation for the following fiscal year. Meridian and WPPMG shall negotiate in good faith the appropriate provisions for the scope of work and compensation in accordance with the budget process. AGREEMENT' - 3 2. This agreement may be terminated upon mutual agreement of the parties, or Meridian may terminate this agreement with 60 days notice by following the procedure for removal of appointive officer set forth in LC. § 50-206 or WPPMG may terminate this agreement with 90 dav_ s notice. IX GENERAL PROVISIONS: l . Alterations: No change, alteration, modification, or addition to this agreement shall be effective unless in writing and properly executed by the parties hereto. 2. Governing Law. This Agreement shall in all respects be subject to, and governed bv, the laws of the State of Idaho. 3. Notices: All notices required to be given to each of the parties hereto under the terms of this Agreements shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the following address: City of Meridian 33 E. Idaho Meridian ID 83642 White Peterson Pruss Morrow & Gigrav, P.A. 200 E. Carlton Ave Meridian ID 83642 4. Headings. The Article and Section headings in this Agreement are inserted for convenience only and are not part of the Agreement. 5. Severability: In the event any section, paragraph, or portion of this agreement shall be or be deemed to be by any court having lawful jurisdiction of the subject matter of this agreement void, voidable, or invalid for any reason, this agreement shall be otherwise valid and enforceable as if said void, voidable, or invalid section, paragraph or portion of this agreement had not been a part hereof in the first instance. AGREEMENT - 4 6. Counterparts: This agreement shall be executed by the parties in two (2) counterparts, and each such counterpart shall be deemed an "original". IN WITNESS WHEREOF, the parties have executed. this agreement the day and year first above written. CITY OF MERIDIAN By: ROBERT D. CORRIE, l~1AYOR WHITE, PETERSON, PRUSS, MORROW ~ GIGRAY, P.A. Bv: ev/Z:\Work~l\Meridian 15360M\JVteridian Presentation\wfc~l~eement AGREEMENT - 5 HAMILTON, MICHAELSON ~ HILTY, LLP ATTORNEYS AT LAW 1303 - I2'~ nVTNtJE ROAp P.O. BQX 65 NAMPA, ID~I•IO 33653-0065 caRL n. xaMrl.~roN TLRRY MICHALLSON MARK HILTY TIFFANI' i-L4I.ES TIMOTHY L. FLEM'iNG R. GECIRGB DeFORD. JR. October l3, 1999 William G. Berg, yr., City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Request for Proposal of Legal Represe~etation lleaz Mr. Berg: _~ . iC,^t~ l'IT f ~` ~ ~.,.'~. g~ VIA FACSIMILE (208) 887-4813 'rELEPIIONE (20S) 467-44'79 FaCSIMILL- (208)467-;OSR We have your letter of October 4, 1999. We certainly appreciate your consideration of our proposal and invitation to present ourselves to the Mayor and City Council on Wednesday night. However, after thoughtful consideration of this matter, we have decided to withdraw our proposal. Therefore, in lieu of appearing on Wednesday night, please make this letter available to the Mayor and Council Members as part of the record. Our decision to withdraw our proposal was not an easy one and was made for two.., primary reasons. First, we have Long been associated with the current Meridian City Attorney, White Peterson, Pruss, Morrow 8z Gigray, PA. When we initially Teamed that a request for proposals had been published, we assumed that the current city attorney would no longer be holding that position. After looking into the matter further, we discovered that was not the case. In fact, White, Peterson, Pruss, Morrow 8~ Gigray has put together a proposal to continue providing legal services to the City. When we took over representation of the City of Nampa for prosecution services, and later undertook representation for the City of Caldwell, we experienced the inconvenience in transition that occurs when the city attorney is replaced. It would be our counsel to the City that you refrain from changing your municipal attorney unless absolutely necessazy. Second, after considering in more detail the commitment of resources required to fulfill the contractual obligations, we determined that it would be necessary to hire two new attorneys and, potentially, additional office support staff. While we feel confident that we could have made the necessary adjustments, it would have taken a serious commitment of time for training treat the firm's current trial calendar may not be able to accommodate as welt as we would like. OCT 13 '99 15 54 PAGE. 01 William G. Berg, Jr., City Clerk October 13, 1999 Page 2 Again, thank you for considering our proposal and the invitation to meet with the Mayor and City Council. If the City fords itself in need of new legal representation in the future, please contact us directly. In the meantime, if you have any questions regarding any of the foregoing, please do not hesitate to contact any of us. Very truly yours, HAMILTON, MICHAELSON & HILTY, LLP ~~~ C HAMIL ON TERRY MICHAELSON MARK HIL MH:mmg OCT 13 '99 15 54 PAGE. 02 Mayor NUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 NOTICE OF SPECIAL MEETING LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, October 13, 1999 at 7:00 P.M. The Meridian City Council will hear presentations from the three applicants wishing to provide legal services for the City of Meridian. The City Council may possible award the appropriate applicant. The public is welcome to attend. DATED this 4th day of October, 1999. ```~~„~trnrur!!~~ ~~ '~O ~ _~~ - ' ~ ~ dM \ / C G~~T 1 J' N~ ~~ `\~ ,. ./l~~j~/rlri IttfttE~\\` WILLIAM G. BERG, JR. - CI CLERK r Meridian Prosecution Fact Sheet * From January 1. 1998 throu~7h Vlarch 31, 1998 the Citv of ivleridian had ?29 misdemeanor cases and 1.~2^_ infractions tiled. For that same time period in 1999 the number of misdemeanor cases lumped to S9S (160°'o increase) and infractions climbed to 1.785 cases (~S.S°'o increase). * In April of '98 vleridian had 38 pre-trial conferences calendered. In April of `99 there were 60. ~- For the month of flay '98 Yleridian had 47 court trials on the calender. In Nlay of `99 the number had increased to 100 court trials ~ The number of sentencin« hearin<~s has «one from ~46 in Vlav of `98 to S 1 in u[av ~99_ ~ For the months of.-~.pril_ Vlay and June of'98 the ~~Ieridian Prosecutor handled 8 motion hearin~,s. (BAC's_ Suppression_ In Limine). In .-April. ~~lay and June of ~99 the number of motions had increased to -18. ~ The Meridian Citv Prosecutors Ot~ice mina«es roughly lS to 30 cases a day in five dit~erent court rooms. Generally 80"~ ofthose cases are on the calender between 8 a.m. and l'' p_m. ~ In a comparison with the other prosecutin~~ authorities in the area :vleridian City still makes up a small portion of the caseload at the Ada County Courthouse. Boise City January 1, 1999 throu~7h Niarch 3 I, 1999 -4.1 19 v(isdemeanors 7..901 Infractions -~da Countv January 1. 1999 through ~~larch 3 1. 1999 x.065 ~~lisdemeanors 3.66' [nfractions .~da Countv employs 6 prosecuting attorneys to handle this case load. Boise Citv has 6 to 7 prosecutors at the courthouse at am~ one time howe~ er. the ot~ice consists of between 1 ~ and l ~ prosecutors. ~icndnu~ Citti Prosccuuon Fact ~hcet -1 - Listed below are the average caseload per prosecutor usinL? the information provided above: Boise City_ 27~ - 343 misdemeanors per prosecutor ~'7 - 6~~ infractions per prosecutor Ada County 344 misdemeanors per prosecutor 610 infractions per prosecutor Meridian 595 - 396` misdemeanors per prosecutor 1790 - 1 190* infractions per prosecutor * indicates caseload figuring l.~ prosecutors. ~ Currently there are 8-10 outstanding code enforcement cases and 6 more under investi~~ation. ~ In order to recover unpaid fines in criminal matters the V[eridian Prosecution staff is filing in the neighborhood of ?0 contempt and probation violation cases a week. This number will level ot~ to about ? to 5 per week when we get caught up with the back tod. This will create additional revenue for the Citv. ~ The Ada County Y[a<aistrate Court is in the planning stage of adding a sixth courtroom and another ma~aistrate jud<~e who will handle only jury trials. This judge will have two jury trial days a weel:_ This may happen as early as Fall `99 ~ ~~leridian City Police Department recently hired two new officers. This will eventually mean more citations and court appearances for this office. ~ The increase in the number of liquor licenses issued in Meridian will increase the number of DUI's, battery's and other alcohol related offenses in. ~ The amount of fines collected from the court system has been steadily increasing. Last fall the tines and forfeitures were roughly X20,000 per month. v(ost recently those numbers have risen to the X27 - X28,000 ran~_>e. ulendian City Prosecution F~~ct Sheet -2 Prosecution/Code Enforcement Past, Present and Future For the last year I have been engaged in the task of prosecuting misdemeanor criminal actions for the City of Meridian. In that year the City has experienced continued growth in both population and the amount of criminal law violations. This increase to the already sizeable caseload has been challenging. The Meridian Prosecutors Office, like the Meridian Police Department is in the process of making changes to both procedures and personnel in order to accommodate the increase in work. The last year has been a great experience. Meridian is full of enthusiastic, dedicated people and the police department is no exception. It has been a pleasure to work with Chief Gordon and his staff to effect needed change and prosecute criminals. The Criminal duties attendant to the Meridian City Attorney's Office can be divided into three categories. The three categories and a brief discussion of each is set forth below. GENERAL CRIMINAL / As indicated in the MERIDIAN PROSECUTION FACT SHEET provided to you earlier, the number of criminal cases has increased in the last year just as in years past. / There are a number of potential changes on the horizon at the Ada County Misdemeanor Courthouse that will affect the Citv of Meridian: • Starting late this fall there will be visiting judges from other jurisdictions in Idaho coming to Boise to assist with the Jury Trial caseload of the Ada County court system. This system will create 9 more Jurv Trial days per month every month. This means that in addition to the 1 courtroom with Jurv Trials every day there will be some days where Meridian Prosecution could have two prosecutors in Jury Trial on the same day. This means additional manpower for the court trials. sentencing hearings, motion hearings and anv_ other obligation that may need covered. • Currently there is a push by the judges to go to four 10 hour days. This would mean that the courthouse would be open from 8:00 A.M. to 7:00 P. VI. five days per week. The judges would work four 10 hour days but the prosecutors will be responsible to cover court 11 hours per day. This obviously presents manpower issues for a small office like Meridian. / In the past year this office has been working hard to establish an efficient system for dealing with criminal cases from filing to disposal and every step in between. Currently we are busy but have an amazing staff of hard working people including one secretary Sharon Smith and my fellow prosecutor Kathy Edwards. Together with the assistance of a very professional Police Department we are prosecuting with great success. • In the future we anticipate an ever increasing caseload with the addition of more businesses, residents and police otfcers. To keep up with that growth we are goinv to have to get connected to the Ada County computer system known as the AS~00. There is no date certain when we will be able to obtain service but when it becomes available I will do whatever necessary to vet it. AS400 will allow us to search criminal histories, pending cases, track tines, and even obtain addresses for defendants. CODE ENFORCEMENT / Code Enforcement encompasses everything from nuisance complaints to violations of the Meridian City Zoning and Development Ordinance. Currently we are prosecuting an individual for creating an odor nuisance and are prosecuting another individual for failing to obtain an Occupancy Permit. Generally the purpose of Code Enforcement is to clean up existing problems in the city and ensure that people understand that these Meridian Ordinances, no matter what they are, will be enforced. Given the growth in Meridian both residential and commercial, it is the perfect time to focus on this effort. / When I started this job a year ago I saw the code enforcement officers about once to twice per month. In the last year I have worked with Joe Belmont and Fred Burns on a procedure for Code Enforcement and they have an expectation that I will follow up when they are unable to get voluntary compliance. I now meet with or talk to Joe and/or Fred two to three times per week. / Code Enforcement Process: An officer will generally speak with the violator and make them aware of the problem. Next a letter is generally sent from the Code Enforcement Officer again informing the violator of the problem. At this point a violation is brought to me in the form of a report, the Officer staffs me on the situation and I prepare a NOTICE OF VIOLATION. The notice details the violation, the authority and the ramifications for non-compliance. The notice provides a time table for compliance or a promise of criminal and potential civil action by our office. (See Attached Notice of Violation) / Currently the Code Enforcement requires about 20°'0 of my time. / For the future we would like to concentrate more heavily on Code Enforcement. There are plenty of violations out there. The Police Chief has indicated a willineness to add additional Code Enforcement staff if the Citv Council and Mayor indicate that Code Enforcement is a priority for them as well. I would like to see a position in the City Attorney's Office that is 50% Code Enforcement and ~0°o Criminal. This would allow us to significantly up our efforts in the Code Enforcement area. • It should be noted that at this time there are no civil steps being taken in the code enforcement area. This is for two reasons: first is that criminal action is generally effective at gaining compliance and secondly, the civil process is very slow and time consuming. However, if criminal penalties do not work, civil action is always an option. • There are currently 6 to 7 outstanding code violation cases being prosecuted in our office right now. One of those came to a disposition last week where the judge ordered the individual to pay about 5200 and not violate the code for a period of one year or face 30 days in jail. / Code Enforcement is really a worthwhile endeavor. Feel free to speak with the Code Enforcement Officers or Chief Gordon to obtain more information about its effects and possibilities. ADDITIONAL DUTIES / Public Records Disclosure has been a big project for this office both with the City Clerk and the Police Department. I have been working with Will Berg to create a Public Records Policy Booklet. A few months ago I developed the Police Department's Guidelines on public records requests. Currently I review most all records requests received by the police department to ensure the Department and City do not incur liability for a violation of privacy. / Myself and Kathy Edwards represent the City of Meridian, the Meridian Police Department and the Meridian Prosecutors Office in local organizations. This office participates in the Idaho Prosecuting Attorney's Association, Ada County Domestic Violence Task Force, Ada County Criminal Court Strategic Planning groups, Idaho Crime Prevention Association as well as the occasional volunteer lecture as schools and Universities. / On an ongoing basis myself and Kathy Edwards are working with Chief Gordon and his staff to create needed ordinances and amend outdated ones. This is vital to stay current with changing criminal patterns and ever evolving laws and court opinions. Thank you for the opportunity to speak to you about what we have done, what we are doing and most importantly, what we would like to do in the future. If you have any questions please contact me at 288- 2499 at your convenience. Steve Rutherford CITY OF MERIDIAN Code Enforcement Fred Burns NOTICE OF VIOLATION TO: Ms. Carolyn Nobles, Manager Idaho Youth Ranch Meridian Thrift Store 231 E. 1 S` S treet a,~I~ ~~o,~ SERVED BY: Personal Service at service location this day of May, 1999. DUTY: Meridian City Zoning and Development Ordinance § 11-2-408(B)(12) sets forth the description and purposes for an Old Town Zoning District. The Meridian City code further delineates Permitted Uses and Conditional Uses in OT zones. All uses not specifically provided for are prohibited. VIOLATION: Your store has vehicles that are posted for sale on the lot at 100 E. King Street. Because you are situated in an OT zoning district, this is a violation of the Meridian City Zoning Ordinance as set forth above. POTENTIAL PENALTIES • 1. Criminal Penalty -Pursuant to Idaho Code X67-6527 and Meridian City Zoning and Development Ordinance ~l 1-2-423, violation of this ordinance is a misdemeanor punishable bv_ a fine of up to 5300 and up to 6 months of jail or both for each violation. 2. Civil Penalty - Upon a showing, to the District Court. that a person has engaged or is about to engage in an act or practice in violation of this Ordinance, a permanent or temporary injunction, restraining order or other relief may be granted. REQUEST FOR REMEDIAL ACTION• You have hereby been notified that you are in violation of §11-2-409(B) of the Meridian City Zoning and Development Ordinance. From date of service of this notice you have 21 days to come into compliance with the above outlined violation by removing the automobiles from the lot at 100 E. King Street. or notify the Meridian City Code Enforcement Officer in writing of your intended course of remedial action. Failure to come into compliance or notify Meridian City Code Enforcement within the specified time period will result in potential criminal and civil penalties as previously discussed. Fred Burns, Code Enforcement MEMORANDUM TO: Meridian City Council ~,. FROM: Kathy J. Edwards -Meridian City Prosecutor ~._~, ~~.~: •~ White, Peterson, Pruss, Morrow & Gigray, P.A. _~ .~ . ,,,~.~°~ DATE: October 13, 1999*** RE: Meridian Criminal Contract *** A copy of this memorandum was provided to the Meridian City Council on August 24, 1999. Attached to this memorandum is an updated fine enforcement list, current as of this date, which provides a current total of overdue fines owed to Meridian City in the amount of 569,982.77. I have had arrest warrants issued for those whose fines are overdue. The purpose of this memorandum is to provide a brief overview of the day-to-day operations of the Meridian City Prosecutor's Office. When officers cite or arrest a suspect on a charge, a case is opened at the Ada County Courthouse by one of the clerks. Court dates are set and notice of those dates is sent to the prosecutor's office. In the meantime, officers will forward to the prosecutor their DR's (police reports) and any other information that they possess about the suspect, who is now a defendant. When citations or police reports are received from the Meridian Police Department, our office manager opens files for each case and calendars the court dates, as well as tracking the discovery responses (the disclosure of information between the defense and prosecution in a criminal case is called discovery). Some cases are quick-set, when a defendant is in custody, but most are set for either court trials or pre-trial and jury trial dates approximately eight (8) months from the date of arraignment (where the defendant enters a plea of not guilty). By the time a case reaches a court trial or pre-trial date, the prosecutor has researched the defendant's background using information provided by the Meridian Police Department and by the AS400 (we currently have to compete for access to the public terminal at the Ada County Courthouse, since we do not have the AS400 system in our office). At that point, the prosecutor extends an offer to the defendant. If the offer is accepted, a sentence hearing will occur. If the offer is rejected, a court trial occurs, or in the case of apre-trial, the case is left on for jury trial approximately two weeks later. When a case is left on for jury trial, the prosecutor must make final preparation to take the case to trial. By that point, witnesses and evidence will have been disclosed. Subpoenas must be issued to the witnesses and certified copies of evidence obtained. If there are civilian witnesses, the prosecutor must interview them and prepare them for testimony. Most Meridian police officers are familiar with testifying so there is generally just a need to get a final overview of the incident from the officer rather than going over testimony. Often, defense attorneys bluff until the day of trial and then a defendant will decide to plead after seeing our witnesses present. We don't have the option of not preparing the case for trial, even when we know that the defendant will most likely plead. A great deal of time and effort is spent on cases like that, but a conviction is obtained in the end so the effort is not wasted. When convictions occur at court trials or jury trials, most defendants are sentenced right then and there. Some, such as those convicted of DUI or Battery, must get an alcohol or anger evaluation prior to sentencing, so court dates are set a couple of months down the line for a sentence hearing. Defendants who are sentenced on infractions are required to pay their penalty that day. The prosecutor has no remedy if the fine is not paid, rather, the judge relies on the Department of Transportation to provide leverage for payment by withdrawing the defendant's driving privileges until the fine is paid. A defendant who is sentenced on a misdemeanor can receive probation, or not, depending upon the prosecutor's recommendation and the judge's view of the case. For example, first time convictions for Driving Without Privileges in Ada County generally receive a fine of $150.00, court costs of $63.50, mandatory 2 days jail time (straight time, work release, weekend jail, or Sheriff's Inmate Labor Detail), and a mandatory 180 day driver's license suspension, with no probationary period. First time DUI's in Ada County generally receive a fine of $1,000.00 with $400.00 suspended and court costs of $78.50, 60 days in jail with 57 suspended (2 of those days are mandatory), a 180 day driver's license suspension with 30 days carrying absolutely no restricted privileges, the defendant must take whatever alcohol class or treatment that is recommended by an evaluator, the defendant must attend the Mothers Against Drunk Driving Victim Impact Panel, and there is a probationary term of one year. If a defendant receives probation on a misdemeanor the normal term is one (1) year. If the case is a repeat DUI, or a Battery, or some other offense which requires longer monitoring, the probation will be two (2) years. The probation can be supervised or unsupervised, the majority of probations are unsupervised. If supervision is ordered, the defendant will have a probation officer through Ada County. On an unsupervised probation, it is the prosecutor's responsibility to monitor the defendant's progress regarding service of jail time, completion of ordered classes, and payment of fines, costs and restitution. Prosecutors generally monitor supervised probation cases for those same things as well, just to make sure something doesn't slip through the cracks. If a defendant fails to do something he or she was ordered to do, or if a defendant commits a new criminal offense while on probation, it is the prosecutor's responsibility to file a motion for probation violation. If a defendant does not receive probation, there is still a remedy if the defendant fails to do what the judge ordered. In that case, it is the prosecutor's responsibility to file a motion for contempt. In either case, the prosecutor must provide the judge with an affidavit stating what the defendant failed to do, a motion asking for a hearing on the probation violation or contempt, and a warrant of arrest or attachment. y It is my understanding from review of the court records, from review of the files in this office, and from speaking to the Ada County Magistrates, that prior to our servicing of this contract there has been little or no follow-up once Meridian cases were sentenced. In other words, cases were not monitored by the prosecutor for compliance with the judges' orders. A prosecutor must monitor cases for compliance because unless an instance of contempt is committed in front of a judge, the judge will not issue a warrant sua sponte (of their own volition). Judges do not send out warrants to enforce their orders until proper procedures are followed. Judges need prosecutors to monitor cases and provide documentation and ask for warrants where they are appropriate. Attached to this memorandum as Exhibit A is a list of the contempts and probation violations filed by this office in the past six weeks as part of our effort to become current on matters that had been neglected prior to our administration of the Meridian City criminal contract. The memorandum lists 261 defendants along with their case numbers, the total amount of their fines and court costs, and the status of each case. Defendants can violate their probation or be found in contempt of court by failing to make fine payments, restitution payments, or Public Defender Reimbursement payments. Some of the defendants have paid part of the amount that they owe, some have paid none of it, and some have paid all that they owe but have failed to complete some other term of their sentence, such as serving jail time or completing a class. Defendants are routinely ordered to serve jail sentences through the Ada County Work Release Center, as well as to complete classes or treatment for their addictions (such as drugs or alcohol) or problems (such as anger or impulse control). Various agencies' receive referrals from the Court when a defendant is placed on probation, and those agencies forward affidavits of noncompliance to this office when those defendants do not successfully complete the program they were ordered to complete. Defendants can also violate their probation by committing another criminal offense while on probation. Prior to our administration of the contract, Meridian had not developed a system by which to monitor such offenses by our probationers. We now have such tracking system in place, but realistically in order to for it to be successful, it will be necessary to hook up to the Ada County AS400/Altaris system. The costs and availability of an open line to that system are uncertain at this point, but a hookup will be required to increase the efficiency of prosecution and I highly recommend that the Council authorize the expense. The system is not helpful just for monitoring subsequent offenses, but also for fine payments, case status, court dates, warrant service information, prior offenses, etc. That hookup will greatly enhance the efficiency of prosecution in Meridian and will enable me to easily monitor the progress of our current cases as well as those that have been sentenced. When a contempt or probation violation is filed by this office, a warrant of arrest issues. When the defendant is picked up on that warrant, a hearing is set. At the hearing, this office provides proof 'Agencies include but are not limited to: National Traffic Safety Institute, Community Service Alternatives, Violence Prevention Program (formerly ACAPP), Mothers Against Drunk Driving, Ada County Work Release Center, and various tobacco, drug, alcohol and anger treatment providers. to the Court that the defendant has failed to comply with whatever Court order is at issue. On a probation violation, the judge can reorder whatever was originally ordered and reimpose whatever was suspended out of the original sentence. On a contempt, the judge can reorder whatever was originally ordered, and impose an additional penalty of up to a $5,000.00 fine and up to five (5) days in jail. I anticipate that many of the defendants who are arrested for failing to pay fines will simply have to serve off their fine at the rate of $35.00 per day of jail. However, many will post a cash bond to get out of jail before the hearing and the Court will forfeit that bond to cover the fines previously owed as well as an additional penalty. This is an area of the contract that should not be ignored, not only because the Court looks to prosecutors to enforce their orders, but also because the financial benefit to the City is obvious. This office has spent time and effort on catching up with things that have been left undone, and also has adopted a proactive approach to criminal prosecution in order to anticipate problems before they occur. We are currently in the process of advising the Meridian Police Department regarding updating their methods of investigation to conform to new Supreme Court rulings from the last term of the Court. It is our belief that communication should be open and consistent between the Meridian Police Department and the Prosecutor's Office, and we have enjoyed the positive relationship that we have developed with the Department. As an example, the Meridian Police Department recently was experiencing problems with their Consent to Search form, with many suspects finding it too cumbersome. We were able to revise and simplify it according to the Department's needs while keeping it in line with the requirements of case law on search and seizure. We have been invited to sit in on staff meetings at the Department and find it helpful to the successful prosecution of our cases to be informed about Department procedures. The exchange of information has been helpful to the Department and to this office. It is a pleasure to work with such dedicated professionals. The Meridian criminal contract requires both energy and efficiency due to the increasing caseload. As the population of Meridian grows, so too does the number of criminal offenses. More citizens means more of everything from speeding tickets to traffic accidents. More liquor licenses will lead to more DIJI, Battery and Disturbing the Peace arrests. More retail businesses moving into Meridian will lead to more Theft arrests. The large majority of the citizens of Meridian are law-abiding, but it is wise to have an efficient system in place to deal consistently and fairly with those that are not. We look forward to the continued development of such a system, including the acquisition of access to the AS400/Altaris system, which will enable us to continue to service the Meridian criminal contract with efficiency. E" ~---~ z F~ z~ N E ac %k 'J U F" L c:7 F i N G1 a 00 00 ~ rV 0o cc, r co ~ O 00 ~ 00 00 c G\ 00 ~ ..'1 0o c 1 c~ ~ 00 co ~ N r c M co ^ G1 c~ G1 c ~ co G1 c -~ co ~ O ~ .n ~ N o0 ~ t~l 00 .^. `~ N 00 G~ v, ~ .^'~ ~ •--. 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M ri ^' r^ 'n 00 o0 00 00 N n. 00 ~ M r r oo r ~ N N N ^ N - W ^ 00 N ~ Vl N N 00 -' M 00 O C1 N M M O C O O O O O O O ' O O C C C ' O ~/' O ~ O V1 ~ C V'1 C O ~n O V'1 V1 00 V1 M V1 00 V'1 00 ~n N V1 N ~n 00 O O V 1 00 ~n M V1 00 V1 M V1 M - V 1 M C ~ 00 1 00 GD n 00 N 00 M . . ¢ G~ M r r 00 r 00 r N N V1 M r N N O \: 'n N N 00 Vl GD N N N N N 0C M M ~- .~ N M J ~ 3 ~' u ~ ¢ ~ C N ~ ~ %~ ¢ C C w Z ~ O ~ ~ ~ z ~ ~ Z ¢ 3 w F ~ u Q C ~ ~ ~ ~ ~ ~ z z Y w C O z C ¢ 1 >- >- ¢ C C C ~ ¢ _- - ~ - o o M J c o ~ N N .-- C1 rat ~ ~ N 'CJ G1 G~ G~ .-. 00 G1 G1 O t\1 00 C1 O~ ~ 00 ~ ~ G1 00 C1. ~ ~ ~. 00 G~ C O ~ ~ ~ C fT v1 ,~ G1 G1 C N .--~ 00 G~ ~ G\'~ C ~ ~ .- 00 G~ ~ N 00 C ~ G1 G~ ~ 00 ~ 00 ~ 00 G1 O .- t~ C~ C G1 .--~ 00 ^ G1 ~ 6\O C ~O ~. 00 G\~ ~ ~ •~ C G1 .-~ 00 G1 0 G1 ~ 00 G1 C.\1 00 O~ O~ C.~ 00 C. N N O .- 00 00 N er ~ N `0 ~ ~ O N ~ O O N N ^ C r ~ i LL z ::-1 ~, >- ~ z ~ ~ z w z c: z rv z z ~ z ~ z z _ - z _ _ z ~ z U y z C V ~ > a r3~j z O G z > a. ~ Z O U z ~ > a. 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G~ `D 0 v-, ~+i ~O N 0 o ao 7 ~ 0 v~ c.~ N O 0 v, c+i ~O 0 v, ri ^ N o ~ Cn r o v, 00 N N c v, 00 n'1 o ~n 0o ~ o v, c~ 00 ~n co f~1 c ~ r N ~n r vi N c v, ~i c ~n o0 eel o ~n 0o t+1 ° ~ r O ^ v, ai ~ C N ~ N O ~/1 rn N Q Q 1 O ~n ~ N O ~n oo J C v~ ~ N O v'1 oo Jr O v1 ri N C Q .- C v-, M ~ O v1 n - N O ~ ~ r C ~n o0 N N C h 00 r+1 ~ ~ ~ O ^ ~ ~ 00 ~ C ~/'1 z ~'1 ~ X ~ r M N ~n ~ vl ~ O v~ x r ~ ^ ~n oo r'1 ~ O ~n m M .-. ~ ~ r O C ~n n ~ z z ^ . ~ N _ ~ C d c ~ r z '~~ z ~ ¢ ' ~ z z = _ '~ > ¢ C > Y ~-- > z W ¢ > ;y ~ ~ C ~ ~ z m - ~ '~' - z ¢ L z Z _ ~ Z _ ~ ~ ~ ti ~ ~ Z ~ ~ ~ Z 3 ~ I 3 ~ W O 3 M d F"' W Q d9 WF.., ~dOQ WOrj ~~d-,z0 w~~ZwOd~ 0. ~ Zo~W~do o ~ H O O = o Noo~~w~ ~ ~' ~"O~~p0.WH wa~,.,O'3~dp0 Q~E-~~1~~CUU ~W~dCdj~~Ex-~ ~CZOrr~ O OpUHd~Q~G aHOpOE-W Q d a ¢ ~ ~ W~Hwowwd ~Uva>aa"~ W w~~-Q~'z3d QO~~~O~Q x O O W Q Q~ W W~3~Q~~ ~ p H w d z ~d paz~`-, d ~ cF. aF. a a o~ W d C~ '~ d W ~ ~ ~ ~ ~ ~ ~ d ~ ~ Q Q x O two d N ~ o ~~wwwAadw ~ ~ F ~ ~ ~ ~ ~, W ~ (i, W o d ~ w adwv O~°v ZZ~zwrx~a N O O O O O O c W N c ~ ~ ~ ~ ~ z ~ W W > C~ W - - - - Wd'3alr/~~W F- 0 0 0 0 o c W L W W O ~% ~ ~, ~, ~, ~ ~ ~ ~ ~ p, ~ d x ~' U N - ~, ~, WF"x~_Ca0 OW¢~ Mr1 ~ ~ O ~UWdwE~,,,Q~ z c ~Wx3~F.3v~ ~ O Q ~' O 0 o Q G¢ dGaz~v~w W ~7 0 o c ~ z ~ Q W>~~~~ OU 0 0 o s o a c~3mnrYrd HAMILTON, MICHAELSON ~ I~iILTY, LLP ATTORNEYS AT LAW 1303 - l2'" AV>;N[J$ ROAD P.O. BOX 65 NAMPA, IDAI-[O 33653-0065 CA[:I, D. H.4Mi~~rON TL•R1tY MICHALLSON MARK HILTY TIFFANY K4I.ES TIMOTHY L. FLEM]NG R. GEORGE DeFORD. JR. ~~ O C ~ ~ ~~ a a,.,t~ „iJ 'rELEpFIONP (20S) 4671479 October 13, 1999 William G. Berg, yr., City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Request for Proposal oJLegal Represe~etation bear Mr. Berg: VIA FACSIMILE (Z08) 887-4813 FACSIMILL• (208)467-3058 We have your letter of October 4, 1999. We certainly appreciate your consideration of our proposal and invitation to present ourselves to the Mayor and City Council on Wednesday night. However, after thoughtful consideration of this matter, we have decided to withdraw our proposal. Therefore, in Lieu of appearing on Wednesday night, please make this letter available to the Mayor and Council Members as part of the record. Our decision to withdraw our proposal was not an easy one and was made for two primary reasons. First, we have Long been associated with the current Meridian City Attorney, White Peterson, Pruss, Morrow 8z Gigray, PA. When we initially learned that a request for proposals had been published, we assumed that the current city attorney would no longer be holding that position. After looking into the matter further, we discovered that was not the case. In fact, White, Peterson, Pruss, Morrow ~& Gigray has put together a proposal to contiaue providing legal services to the City. When we took over representation of the City of Nampa for prosecution services, and later undertook representation for the City of Caldwell, we experienced the inconvenience in transition that occurs when the city attorney is replaced. It would be our counsel to the City that you refrain from changing your municipal attorney unless absolutely necessazy. Second, after considering in more detail the commitment of resources required to fulfill the contractual obligations, we determined that it would be necessary to hire two new attorneys and, potentially, additional office support staff. While we feel confident that we could have made the necessary adjustments, it would have taken a serious commitment of time foz training that the firm's current trial calendar may not be able to accommodate as well as we would like. OCT 13 '99 15 54 PAGE. 01 William G. Berg, Jr., City Clerk October 13, 1999 Page 2 Again, thank you for considering our proposal and the invitation to mcet with the Mayor and City Council. If the City finds itself in need of new legal representation in the future, please contact us directly. In the meantime, if you have any questions regarding any of the foregoing, please do not hesitate to contact any of us. Very truly yours, HAMILTON, MICHAELSON & HILTY, LLP ~~~ C . HAMIL ON TERRY MICHAELSON MARK HIL IvlH:mrng OCT 13 '99 15 54 PAGE.02 OCT-13-99 WED 15 50 HA,NiILT01~, NIICHAELSON ~ HII,TY, LLP ATTORNEYS A7 LAW 1303 -12°i AVi~TUE ROAD P.O. BOX 65 NAMPA, IDAI-IO 33653-0065 CART, D. HAMILTON TLRRY MICHALLSON MARK HILTY 11PEANY I~L4T.F,S TIMOTHY" L. FLEM]NG R. GEO]2GE DcFOFD, JR. October l3, 1999 William G. Berg, rr., City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Request for Proposal of Legal Representation ]~eaz Mr. Berg: P, O1 ~r~LEpIIONP (ZOS) 467~F479 r ~ ~ ~ (208) 9b7-3058 t,. ~~~~ ~~~~ ~ p.._ ., ~. ~_ _.~~X'm VIA FACSIMILE (l08) 887-4813 We have your letter of October 4, 1999. We certainly appreciate your consideration of our proposal and invitation to present ourselves to the Mayor and City Council on Wednesday night. However, after thoughtful consideration of this matter, we have decided to withdraw our proposal. Therefore, in lieu of appearing on Wednesday night, please make this letter available to the Mayor and Council Members as part of the record.. Our decision to withdraw our pxoposal was not an easy one and was made for two primary reasons. First, we have tong been associated with the current Meridian City Attorney, White Peterson, Press, Morrow 8~ Gigray, PA. When we initially learned that a request for proposals had been published, we assumed that the current city attorney would no longer be holding that position. After loolang into the mattez further, we discovered that was not the case. In fact, White, Peterson, Press, Morrow ~ Gigray has put together a proposal to continue providing legal services to the City. When we took over representation of the City of Nampa for prosecution services, and later undertook representation for the City of Caldwell, we experienced the inconvenience in transition that occurs when the city attorney is replaced. It would be our counsel to the City that you refrain from changing your municipal attorney unless absolutely necessazy. Second, after considering in more detail the commitment of resources xequired to fulfill the contractual obligations, we determined that it would be necessary to hire two new attorneys and, potentially, additional office support staff. While we feel confident that we could have made the necessary adjustments, it would have taken a serious commitment of time for training that the flan s current trial calendar may not be able to accommodate as welt as we would like. OCT 13 '99 15=54 PAGE.01 OCT-13-99 WED 15 51 William G. Berg, Jr., City Clerk October 13, 1999 Page 2 P. 02 Again, thank you for considering our proposal and the invitation to meet with the Mayor and City Council. If the City finds itself in need of new legal representation in the future, please contact us duectly. In the meantime, if you have any questions regarding any of the foregoitag, please do not hesitate to contact any of us. Very truly yours, HAMILTON, MICH.4ELSON & HILTY, LLP ~~~ C HAMIL ON TERRY MICHAELSON MARK HIL MH:mmg OCT 13 '99 15 54 PAGE.02 HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE CITY OF MERIDIAN City Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-=1813 City Clerh Fax (208) 888-4218 KEITH BIRD NOTICE OF SPECIAL MEETING LEGAL DEPARTMENT (208)388-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 88~l-533 • Faz 887-1297 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, October 13, 1999 at 7:00 P.M. The Meridian City Council will hear presentations from the three applicants wishing to provide legal services for the City of Meridian. The City Council may possible award the appropriate applicant. The public is welcome to attend. DATED this 4th day of October, 1999. `\~~u~~tiuiurrrrr ~~ ~ ~ rr., _ rig ~~ `O _ -~ ~"1I~ 9GV~ ~~a~ I'rrrrrrtrrt~ ~stf~~~~~~ WILLIAM G. BERG, JR. - CI CLERK MEMORANDUM CITY OF MERID/AN CITY CLERK'S OFFICE TO: Charlie Rountree, Council President FROM: William G. Berg, Jr. DATE: Monday, October 4, 1999 RE: Presentations for Legal Representation I have sent the attached letters to the three applicants for legal representation. 1 set the schedule by reverse alphabetical order as we talked about. If you need me to do any more follow up work, let me .know. Thanks 7:00 PM White, Peterson, Pruss, Morrow & Gigray, PA 7:30 PM Foley & Freeman, Chartered 8:00 PM Hamilton, Michaelson & Hilty, LLP Mayor ROBERT D. CORRIE City Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD October 4, 1999 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 Mr. William F. Gigray, III White, Peterson, Pruss, Morrow &Gigray, PA P.O. Box 1150 Meridian, ID 83680-1150 288-2499 fax 288-2501 Re: Request for Proposal for Legal Representation Dear Mr. Gigray LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 Thank you for responding to the City of Meridian's request for legal services and attorney representation. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Wednesday, October 13, 1999 at 7:00 PM at the Council Chambers at the Meridian City Hall. You will have 15-20 minutes for your presentation and 10 minutes for a question and answer period. If you have any questions concerning this presentation, please contact me as soon as possible. Sincerely ~. ~!.GQ-~ William G. Berg, Jr. City Clerk ** TX CONFIRMATION REPORT ** AS OF OCT 05 '99 12 02 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 09 10/05 12 01 2882501 Mayor ROBERT D. CORKIE City Cnuncil Mcmlxrs CH.41:1~S RDUrrTREE GLL•NN BINTLFY RoN ANUFASUN KETPH BIRD October 4, 1999 MODE MIN/SEC PGS CMD# STATUS EC--S 00'24" 001 061 OK HUB OF TREASURE VALLEY A Good Place to Live CITY 4F MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 88711813 City Clcrk Fax (208) 888-4218 Mr. William F. Gigray, 111 White, Peterson, Pruss, Morrow 8~ Gigray, PA P.O. Box 1150 Meridian, ID 83680-1150 288-2499 fax 288-2501 Re: Request for Proposal for Legal Representation Dear Mr. Gigray LEGAL DEPARTMENT (208) 288-2a99 • N"iuc 288-2501 PUBLIC WORKS BUiI,A1NG DEPARTMENI' (208)887-2211• Fax 867-1297 PLANNWG AND ZONING DEPARTMENT (2418) 884-5533 • tiuz 887-1297 Thank you for responding to the City of Meridian's request for legal services and attorney representation. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Wednesday, October 13, 1999 at 7:00 PM at the Council Chambers at the Meridian City Hall. You will have 15-20 minutes for your presentation and 10 minutes for a question and answer period. If you have any questions concerning this presentation, please contact me as soon as possible. Sincerely ~~,G~ William G. Berg, Jr. City Clerk Mayor ROBERT D. CORRIE City Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD October 4, 1999 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 Mr. Mark Freeman Foley & Freeman, Chartered 77 E. Idaho Avenue, Suite 300 Meridian, ID 83642 888-9111 fax 888-5130 Re: Request for Proposal for Legal Representation Dear Mr. Freeman LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 Thank you for responding to the City of Meridian's request for legal services and attorney representation. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Wednesday, October 13, 1999 at 7:30 PM at the Council Chambers at the Meridian City Hall. You will have 15-20 minutes for your presentation and 10 minutes for a question and answer period. If you have any questions concerning this presentation, please contact me as soon as possible. Sincerely William G. Berg, Jr. City Clerk ** TX CONFIRMATION REPORT ** AS OF OCT 05 '99 12 03 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 10 10/05 12 02 888-5130 Mayor RUSP.RT D, CORR16 Ciry Council Mombcrs C[IARLES ROUNTREE GLLNN BEIYr1.RY RON ANDPRSON xrl•rx erRn October 4, 1999 MODE MIN/SEC PGS CMD#S STATUS G3--S 00'25" 001 062 OK NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (20x) 8881433 • Pilx (208) 887-A813 Ciry Cluk Fax (208) 888.4218 Mr. Mark Freeman Foley 8~ Freeman, Chartered 77 E. Idaho Avenue, Suite 300 Meridian, tD 83642 888111 fax 888-5130 Re: Request for Proposal for Legal Representation Dear Mr. Freeman LEGAL lll:PAl~I'MENT (208) 288.2499 • Fax 285.2501 PUSi.iC WORKS DUILDING DEPARTMENT (205) 587.2211 • Fax 887.1297 PLANNING AND ZONING DEPARTMENT (208) 584-5533 • F¢z 887-1297 Thank you for responding to the City of Meridian's request for legal services and attorney representation. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Wednesday, October 13, 1999 at 7:30 PM at the Council Chambers at the Meridian City Hall. You wi11 have 15-20 minutes for your presentation and 10 minutes for a question and answer period. If you have any questions concerning this presentation, please contact me as soon as possible. Sincerely William G. Berg, Jr. City Clerk Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD October 4, 1999 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 Mr. Mark Hilty Hamilton, Michaelson & Hilty, LLP P.O. Box 65 Nampa, ID 83686-0065 467-4479 fax 467-3058 Re: Request for Proposal for Legal Representation Dear Mr. Hilty LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 Thank you for responding to the City of Meridian's request for legal services and attorney representation. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Wednesday, October 13, 1999 at 8:00 PM at the Council Chambers at the Meridian City Hall. You will have 15-20 minutes for your presentation and 10 minutes for a question and answer period. Please include an appropriate price schedule for those services in which you will provide. If you have any questions concerning this presentation, please contact me as soon as possible. Sincerely •rr'.~J William G. Berg, Jr. City Clerk HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN ** TX CONFIRMATION REPORT ** RS OF OCT 05 '99 12 01 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 08 10/05 1200 4673058 Mnyor ROBERT D. CORRIE City Coun:.il Mcmbors CIL4RLES RouN~rl~ls GLLNN DL•NTLEY RON ANDL•RSON KT1T[I DIRD October 4, 1999 MODE MIN/SEC PGS CMD# STATUS G3--S 00'40" 001 060 OK HUB OF TREASURE t/ALLF.Y A Good Plato to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (20S) SS8-4433 • Fax (208) 887-4813 City Clerk Fax (20R) H88.4218 Mr. Mark Hilty Hamilton, Michaelson & Hilty, LLP P.O. Box 65 Nampa, ID 83686-0065 467-Q479 fax 467058 Re: Requ®st for Proposal for Legal Representation Dear Mr. Hilty LEGAL DL•PAIYl'MENT (2061 288-?.a99 • Fnx 288-z501 PUDLIC WORKS DC7ILDING DEPARTMENT (208) 887-2211 • rux 887-1297 PLANMNG AND ZUNLNG Ut;P.4RTML•NT (208) 684-5533 - Pay 887-1z97 Thank you for responding to the City of Meridian's request for legal services and attorney representation. We appr®ciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Wednesday, October 13, 1999 at 8:00 PM at the Council Chambers at the Meridian City Hall. You will have 15-20 minutes for your presentation and 10 minutes for a question and answer period. Please include an appropriate price schedule for those services in which you will provide. It you have any questions concerning this presentation, please contact me as saon as possible. Sincerely ~~~, William G. Berg, Jr. City Clerk CITY OF MERIDIAN, IDAHO REQUEST FOR PROPOSALS AND QUALIFICATIONS FOR LEGAL SERVICES /ATTORNEY REPRESENTATION The City of Meridian, Idaho is requesting and accepting statements of interest, qualifications and proposals for legal services at the office of the City Clerk, 33 East Idaho Avenue, Meridian, Idaho 83642, unti15:00 PM, prevailing local time, September 21, 1999. This is a request for legal services and attorney representation for the City of Meridian in criminal and civil matters for fiscal year 2000. Responses at a minimum must include the following information: 1. Firm's legal name, address and telephone number. 2. Experience and qualifications (resumes) of key personnel to be involved with Phis service. 3. History of the establishment of the firm. 4. Description of the firm's most relevant or similar experience. Firms shall submit six copies of their statements of interest, qualifications and proposal. Interviews may be conducted to further evaluate interested firms. Those interviewed maybe asked to provide additional information. Questions regarding this proposal shat! be directed to the City Clerk's Office at (208) 888-4433 or fax (208) 888-4218. The City reserves the right to reject any and all proposals. DATED this 13th day of September, 1999. /~ William G. Berg, Jr. - Cit I Publishing date of September 15, 1999 `*4~,~~~,~ ~ !'''~•, C1, s~~ ~o -_ ~F~ `_ 9 8 ~ ~ ~~ 1 '% 9O ~T ~~ . ~ \ ~~ii~r~~-st n«<+~~~~ Jr~ao ~~-- RECE~D SEP 2 i 1999 CITY OF/ ~M'ER"IDIAN c'i V HAMILTON, MICHAELSON & I-IILTY, LLP 1303 12`h Avenue Road Nampa, Idaho 83686 ~~6.~3-~~~~ ~~ ~- ~~ 79 ~~ 7 ~- 3~~ ~~ ~~ CITY OF MERIDIAN, IDAHO Proposal for Legal ~Zepresentation Carl D. Haznilton* Te Michaelson* . Mark Hilty ~~ Tiffany Hales Timothy L. Fleming R. George DeFord, Jr. Lori Buffington (admitted to California Bar) SEP 21 '99 17 06 PAGE.02 • • a i i f f i 1 1 1 i ~~*~~~~ REcE~D SEP 2 i i999 CITY OF 4~RIDIAi~I a` "~ ~ RESPONSE TO REQUEST FOR PROPOSAL FOR LEGAL REPRESENTATION CITY OF MERIDIAN SUBMITTED BY: FOLEY & FREEMAN, CHARTERED . ATTORNEYS AND COUNSELORS AT LAW 77 E. IDAHO ST., SUITE 300 MERIDIAN, IDAHO 83680 (208) 888-9111 ~~~~ ~~~~ SEPTEMBER 21,1999 a a ~~ ~. 1 r 1 1 r /= /~~~" REcE~~ S E P 2 1 1999 CITY OF iVIERIDIAiV ~~~~~~ City of Meridian Attorney Contract Proposal 2~~- 2¢` Submitted by White, Peterson, Pruss, Morrow & Gigray, P.A. September 21, 1999