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Home My WebLink AboutAddendum to Agreement for White Peterson Services ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18, 2002 The following is an addendum to that certain Agreement For City Attorney/Civil Legal Services between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State ofIdaho (hereinafter referred to as "City"), and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., an Idaho corporation (hereinafter referred to as "White Peterson"), specifically to the sections pertaining to 2.1 Definitions - Additional Legal Services, 2.2 - Retainer Legal Services, 4.1 Payment For Services, and 5 - Term, which are subsequent to entering into of the original Agreement For City Attorney/Civil Legal Services dated November 18, 2002. The parties hereto agree as follows: 1. Pursuant to Sections 5 and 9 of the original Agreement, Section 5 regarding the Term of the Agreement is modified to read as follows: TERM: The term of this Agreement shall cornmence October 1, 2003 and shall continue until September 30, 2004, subject to renewal or extension as set forth in the original Agreement. 2. Pursuant to the Definitions under Section 2.1 and Section 2.2 of the original Agreement, Section 2.1 Additional Legal Services and Section 2.2 Retainer Legal Services are modified to read as follows: 2.1 "Additional Legal Services" means and refers to representing the City in litigation, including arbitration, brought on behalf of, or against, the City which is not covered under the City's insurance policy or policies; representing the City in prosecuting or defending claims (before litigation is filed) not covered by the City's insurance policy or policies; representing the City in collective bargaining matters; drafting recommendations, findings, or orders for development application decisions (planning and zoning matters); personnel investigations and subsequent hearings; judicial confirmations and bond proceedings; formation oflocal improvement districts for inftastructure construction; impact fee committee attendance and related follow-up; construction bidding disputes; attendance at special City Council meetings when requested by the Mayor or Council President; services rendered in connection with preparation of Regulatorv Takings Analysis authorized under LC. &67-8003; and any other matter not included in the definition of "Retainer Legal Services" below. 2.2 "Retainer Legal Services" shall include attendance of the City Attorney (or if unavailable, anther White Peterson attorney as designated by the City Attorney) at four (4) pre-council meetings of the City Council per month, four (4) meetings of the City Council per month, one (1) City staff meeting per month, and attendance at quarterly joint City/Ada County Highway District meetings; attorney attendance at two (2) Planning and Zoning Commission meetings per month; preparation and revision of all City ordinances, resolutions, drafting and review of contracts and agreements concerning the City, and all other related legal work of the City; review of recommendations, findings, or orders for development application decisions prepared by City; routine telephone and personal conferences with City employees and officials including the Mayor and City Council members; subject to approval by the Mayor and Council, participation in Association ofIdaho Cities Legislative Council matters including participation in drafting legislation and testimony before the legislature if requested by ArC; respond to all citizen inquiries regarding City ordinances other than those pertaining to criminal matters; participation in telephone and office conferences with builders or developers regarding pending development projects at the request of the Mayor, City Council, and/or City staff; review, comment, and drafting assistance concerning proposed City policies including human resources policies; participation and assistance in City's efforts to set a budget for the City's civil legal services for the next Fiscal Year; one (1) training session for Fiscal Year 2003-2004 for the Planning and Zoning Department emplovees regarding the Regulatorv Takings Analysis authorized bv I.C. &67-8003; and all other legal services as set forth in the Proposal submitted by White Peterson (Exhibit B to the original Agreement), excluding the legal services specifically identified therein as being provided outside the monthly retainer. 3. Pursuant to the Payment For Services under Section 4.1 of the original Agreement, Section 4.1 is modified to read as follows: 4.1 As compensation for all Retainer Legal Services, including all out-of- pocket expenses incurred by White Peterson in performing the Retainer Legal Services, City shall pay White Peterson the total sum of seventeen thousand eight hundred fiftv and OO/IOOths dollars ($17,850.00) per month. 4. Except as modified by this Addendum No. I, the original Agreement For City Attorney/Civil Legal Services between the City of Meridian and White Peterson dated November 18,2002, is hereby ratified and confirmed. IT IS SO AGREED. ATTEST: BY: ~J- Mayor Robert D. Corrie ""~r:'1!.""'i, C¡h; (o~ "" -' . óf' Mt.,.¡r.- IIII ", :\... "'V-t " ./ ð c,OflPO/t< ~ ~ %. f ~ c \ ?~tj - IJ3 IN WITNESS WHEREOF, the parties have executed this Addendum No.1 on this 2'1 ~ day of ~fe- f;e.... , 2003. CITY: CITY OF MERDIIAN WHITE PETERSON: ATTEST: STAtE OF IDAHO, ) : ss: County of Ada, On this q-th day of De---blrw-v , 2003, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and City Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. SnMUYl ~+?V Notary Public for Idaho Residing at: A~ú>uyv%, .' ~ld£<.1w My Commission Expires: 1-2.fi:-05 IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. (SEAL) ..39-K~;r;;. .-M'~oT~;:,~. :r.,¡ \ ~ : ¡I: . . I . ~ \ / : ...~.~~ç..ø... ..ffiõF~r:.' ....... STATE OF IDAHO, ) (!cyt<..¡()Á'> ss: County of~, ) On this ~ q day of ~ f l.rn '6tt'- , 2003, before me, a Notary Public, personally appeared Terrence R. White and Philip A. Peterson, known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the President and Secretary, respectively, of White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., and who acknowledged to me that they executed the same for White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A. Z:\WmklMlMeridianlMeridian 15360M\AdministrationlAdden No. I to Agmt for City Atty Civil Legal S""'ci" 09 03 03.doc BY: /(ell-A.. (j-ii--t:Ú RESOLUTION NO &3-1-/3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN ADDENDUM NO.1 TO AGREEMENT ENTITLED "ADDENDUM NO. I TO AGREEMENT FOR CITY A TTORNEY/CNIL LEGAL SERVICES DATED NOVEMBER 18,2002", BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. FOR ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY AND CNIL LEGAL SERVCIES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to continue its current agreement for civil legal services and enter into an addendum no. 1 to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., denoted as "ADDENDUM NO. I TO AGREEMENT FOR CITY ATTORNEY/CNIL LEGAL SERVICES DATED NOVEMBER 18,2002", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendum No. I. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain addendum no. I to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, entitled "ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", by and between the City of Meridian and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION - ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CML LEGAL SERVICES DATEDNOVEMBER 18, 2002 PAGE 1 OF 2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2J 1ay of ~.o~".,.~ , 2003. , APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z$~day of J'~;t€......~ ,2003. ATTEST: dI~Á~I~ CITY CLERK - RESOLUTION - ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATEDNOVEMBER 18, 2002 PAGE 2 OF 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk ofthis City, I am the custodian of its records and minutes and do hereby certify that on the 23'.:5 day of JJ!,.,t(.h.~ ,2003, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN ADDENDUM NO. I TO AGREEMENT ENTITLED "ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. FOR ADDENDUM NO. I TO AGREEMENT FOR CITY ATTORNEY AND CIVIL LEGAL SERVCIES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to continue its current agreement for civil legal services and enter into an addendum no. 1 to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., denoted as "ADDENDUM NO. I TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendum No.1. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: CERTIFICATE OF CLERK - ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATEDNOVEMBER 18, 2002 PAGE 1 OF2 (SEAL) .aa..... .,:W.N 8*., .~~ÓT~;:~~. :"'1""- 'r~ : r i : . . - ~ \ í : ")i-~\ç.,~,.' '.~õFiQr:" -....a- ~~~ç~~ Notary Public for Idaho Commission Expires: Lf-2'ð niO'5 . 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain addendum no. I to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, entitled "ADDENDUM NO. I TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", by and between the City of Meridian and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ",""""I//I!!!!, ,,"'~ Of MEIT/!),?"'I "",~~ 0 "11/"" " v- rOw R'<ì' '" '" ~v <'" lA ¡ "SEAL ~ ~Þ~i.'9- :: 7. ~ ~ILLIAM G. BERG, . -" _0- ::-.. - Qú ,,~- 0 ",CITY CLERK "":. 'ô :9r 151 . -<-.$ " "'I ~,~ /'lll/ COUNT'!' ~ """ 1111010"" IIHI;\\\\\\ STATE OF IDAHO, ) : ss: County of Ada, On this ~ day of ~~ , in the year 2003, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. Z:IWorklM\MeridianlMeridian IS360MlAdministration1CertifCierl< Addend No.1 to Agmt AttomeyCivil Services 09 22 03.da: CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 BY: !(e¡lÆ /}ít-d/ t RESOLUTION NO &3-1-(3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN ADDENDUM NO. I TO AGREEMENT ENTITLED "ADDENDUM NO. I TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, PA FOR ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY AND CIVIL LEGAL SERVCIES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to continue its current agreement for civil legal services and enter into an addendum no. I to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., denoted as "ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendum No.1. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain addendum no. I to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, entitled "ADDENDUM NO. I TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", by and between the City of Meridian and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION - ADDENDUM NO. I TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATEDNOVEMBER 18, 2002 PAGEIOF2 P ASSEDBY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 21 ~ay of ~J:;JUw~ , 2003. , APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z~~day of ç)e¡;t€-~ ,2003. - ATTEST: ~~Á~'~ CITY CLERK RESOLUTION - ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATEDNOVEMBER 18, 2002 PAGE 2 OF 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN ~ I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 23':5 day of .f~fe.Þ/;u,.-v ,2003, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE cITY OF MERIDIAN, SETIING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN ADDENDUM NO.1 TO AGREEMENT ENTITLED "ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18, 2002", BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. FOR ADDENDUM NO. I TO AGREEMENT FOR CITY A TIORNEY AND CIVIL LEGAL SERVCIES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to continue its current agreement for civil legal services and enter into an addendum no. I to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P .A., denoted as "ADDENDUM NO.1 TO AGREEMENT FOR CITY ATIORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendum No.1. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: CERTIFICATE OF CLERK - ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATEDNOVEMBER 18,2002 PAGE 1 OF 2 I. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain addendum no. I to agreement with White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, entitled "ADDENDUM NO. I TO AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES DATED NOVEMBER 18,2002", by and between the City of Meridian and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P .A., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. STATE OF IDAHO, ) : ss: County of Ada, On this ~ day of ~heA , in the year 2003, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk ofthe City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) .-_..... ~. N SA!.. .. ,'--TA~~~.. .. /.!>.O -'<1':.).','1$>." :"J/"" '. ~ : ¡ : : . . . ':. \ ,/ : .. d'~,-!'rJm.\ç.-~... ...~-õFíP~.' ".....-- <b ~ YìY\( ç Vvù:tC,-, Notary Public for Idaho Commission Expires: tf- 21, -0"5 Z,\ WorklMlMeridianlMeridian I S360MlAdministmtionlCertifCierk Addend No.1 to Agmt Attorney Civil Services 09 22 03.dœ CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 ADDENDUM NO.1 TO AGREEMENT FOR CITY ATTORNEY/CML LEGAL SERVICES DATED NOVEMBER 18, 2002 The following is an addendum to that certain Agreement For City Attorney/Civil Legal Services between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State ofIdaho (hereinafter referred to as "City"), and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., an Idaho corporation (hereinafter referred to as "White Peterson"), specifically to thè sections pertaining to 2.1 Definitions - Additional Legal Services, 2.2 - Retainer Legal Services, 4.1 Payment For Services, and 5 - Term, which are subsequent to entering into of the original Agreement For City Attorney/Civil Legal Services dated November 18,2002. The parties hereto agree as follows: I. Pursuant to Sections 5 and 9 of the original Agreement, Section 5 regarding the Term ofthe Agreement is modified to read as follows: TERM: The term of this Agreement shall commence October I, 2003 and shall continue until September 30, 2004, subject to renewal or extension as set forth in the original Agreement. 2. Pursuant to the Definitions under Section 2.1 and Section 2.2 of the original Agreement, Section 2.1 Additional Legal Services and Section 2.2 Retainer Legal Services are modified to read as follows: 2.1 "Additional Legal Services" means and refers to representing the City in litigation, including arbitration, brought on behalf of, or against, the City which is not covered under the City's insurance policy or policies; representing the City in prosecuting or defending claims (before litigation is filed) not covered by the City's insurance policy or policies; representing the City in collective bargaining matters; drafting recornmendations, findings, or orders for development application decisions (planning and zoning matters); personnel investigations and subsequent hearings; judicial confirmations and bond proceedings; formation oflocal improvement districts for inftastructure construction; impact fee cornmittee attendance and related follow-up; construction bidding disputes; attendance at special City Council meetings when requested by the Mayor or Council President; services rendered in connection with pre~aration of Regulatorv Takings Analvsis authorized under I.C. 667-8003; and any other matter not included in the definition of "Retainer Legal Services" below. 2.2 "Retainer Legal Services" shall include attendance of the City Attorney (or if unavailable, anther White Peterson attorney as designated by the City Attorney) at four (4) pre-council meetings of the City Council per month, four (4) meetings of the City Council per month, one (I) City staff meeting per month, and attendance at quarterly joint City/Ada County Highway District meetings; attorney attendance at two (2) Plarming and Zoning Commission meetings per month; preparation and revision of an City ordinances, resolutions, drafting and review of contracts and agreements concerning the City, and all other related legal work of the City; review of recommendations, findings, or orders for development application decisions prepared by City; routine telephone and personal conferences with City employees and officials including the Mayor and City Council members; subject to approval by the Mayor and Council, participation in Association ofIdaho Cities Legislative Council matters including participation in drafting legislation and testimony before the legislature ifi'equested by AIC; respond to an citizen inquiries regarding City ordinances other than those pertaining to criminal matters; participation in telephone and office conferences with builders or developers regarding pending development projects at the request ofthe Mayor, City Council, and/or City staff; review, comment, and drafting assistance concerning proposed City policies including human resources policies; participation and assistance in City's efforts to set a budget for the City's civil legal services for the next Fiscal Year; one (I) traininl!: session for Fiscal Year 2003-2004 for the Planninl!: and Zoninl!: Department emplovees regarding the Rel!:lÙatorv Takings Analvsis authorized bv LC. &67-8003; and all other legal services as set forth in the Proposal submitted by White Peterson (Exhibit B to the original Agreement), excluding the legal services specifically identified therein as being provided outside the monthly retainer. 3. Pursuant to the Payment For Services under Section 4.1 of the original Agreement, Section 4.1 is modified to read as follows: 4.1 As compensation for all Retainer Legal Services, including all out-of- pocket expenses incurred by White Peterson in performing the Retainer Legal Services, City shan pay White Peterson the total sum of seventeen thousand eight hundred fifty and OO/IOOths donars ($17,850.00) per month. 4. Except as modified by this Addendum No. I, the original Agreement For City Attorney/Civil Legal Services between the City of Meridian and White Peterson dated November 18, 2002, is hereby ratified and confinned. IT IS SO AGREED. ATTEST: BY:~~ Mayor Robert D. Corrie \\\\..@jjJJJJJ~~""'/':J C¡h; (o~ ",,';.-{' dP' Ml::,c¡>/D¿ "'" f6 o~ "11-% :> ".v ~~ ~ f ~ ~ ~ 9'15 -1?3 IN WITNESS WHEREOF, the parties have executed this Addendum No. I on this 2"~ day of ,J:e,pfe.-þ.e-,. ,2003. CITY: CITY OF MERDIIAN WHITE PETERSON: ATTEST: '\ BY; i~i' ~ð*' P~1ip A. Pderson, Secretary STATE OF IDAHO, ) : ss: County of Ada, On this c¡--tt\ day of ðc..+Ü~ ,2003, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and City Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. ShtiJj¿rn ~+eU Notary Public for Idaho Residing a~: . Ac~ CO/'¡'VI;t;:~/ 'J,[c..Jw My CommIssIOn ExpIres: '( -2<;:-05- IN WITNESS WHEREOF, r have hereunto affixed my official seal the day and year first above written. (SEAL) ..."". ~.::.w.N Sø o'r:~ÔT~;:,~. :"':1/ '\ ~ : ; : : . . . ~ \ I: 00 d'j¡'~1ç.~~.oo .o.PiiõF'lPr;. -....,- STATE OF IDAHO, ) (!tyI..t.¡¡J/l'> ss: County of ~, ) On this d. q day of ~ f fl.;y¡~,..... . , 2003, before me, a Notary Public, personally appeared Terrence R. White and Philip A. Peterson, known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the President and Secretary, respectively, of White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., and who acknowledged to me that they executed the same for White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A. Z:\WorklMlMeridianlMeridian lS360MlAdministrationlAdden No. 1 to Agm! for City AttyCivil Legal SeTVCies 09 03 03.doc NoY-13-02 05:49P Foley & Freeman 1208B8B5130 AGREEMENT FOR CITY ATTORNEY / CIVil lEGAL SERVICES This Agreement for City Attorney/Civil Legal Services (hereinafter referred to as "Agreement") is madethls/B"'taYOf Aft;veJn-.6e¡-, 2002, between the City of Meridian, a municipal corporatìon organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "City"), and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., an Idaho corporation (hereinafter referred to as "White Peterson"). RECITALS 0.1 Pursuantto IdahoCode§ 50-204 and Meridian City Code §§ 1-8-1 and 1-8C-1, on August 16, 2002 the City requested the submission of proposals from qualified firms to provide certain city attorney / c1vlllegat services to the City. A copy of the City's Request for Proposals (RFP NO. 02-001) is attached hereto as Exhibit "A" and is incorporated in full herein and is made a part of this 0.2 Agreement by this reference. In response to the City's request for proposals. White Peterson submitted an Attomey Contract Proposal dated September 16, 2002, a copy of which is attached hereto as Exhibit '8" and which is incorporated in fuil herein and is made a part of this Agreement by this reference. 0.3 Among Ihe proposals received in response 10 the City's request for proposals as set forth above, the City has deemed the proposal submitted by White Peterson as the most advantageous to the best Interest of the City, AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Pass 1 P.04 Nov-13-02 05:50P Foley & Freeman 120SSe8S130 NOW, THEREFORE, In consideration of the mutual promises and covenants contained herein, and Intending to be legally bound thereby, City and White Peterson covenant and agree as follows: INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are contractual and binding and are incorporated herein as If set forth in full. 2 DEFINITIONS. In addition to any other definitions set forth in this Agreement, for all purposes of this Agreementthe following terms are defined and interpreted as herein provided for, unless the clear context .of the presentation of the same requires otherwise: 2.1 "Additional legal Services" means and refers to representing the City in litigation, including arbitration, brought on behalf of, or against, the City which is not covered under the City's insurance policy or policies; representing the City in prosecuting or defending claims (before litigation is filed) not covered by the City's insurance policy or policies; representing the City in collective bargaining matters; drafting recómmendations, findings, or orders for development application decisions (planning and zoning matters); personnel investigations and subsequent hearings; judicial confirmations and bond proceedings; formation of local improvement districts for infrastructure construction; Impact fee committee attendance and related follow-up; construction bidding disputes; attendance at special City Council meetings when requested by the Mayor or Council President; and any other matter not included in the definition of "Retainer Legal Services" below. AGREEMENT FOR CITY ATTORNEY/CIVil LEGAL SERVICES Page 2 P.O5 Nov-13-02 05:50P Foley & Freeman 12088885130 2.2 'Retainer Legal Services" shall include attendance of the City Attorney (or if unavailabie, another White Peterson attorney as designated by the City Attorney) at four (4) pre-council meetings of the City Council per month, four (4) meetings of the City Council per month, one (1) City staff meeting per month, and attendance at quarterly joint City/Ada County Highway District meetings; attorney attendance at two (2) Planning and Zoning.Commission meetings per month; preparation and revision of all City ordinances, resolutions, drafting and review of contracts and agreements concerning the City, and aU other related legal work of the City; review of recommendations, findings, or orders for development application decisions prepared by City; routine telephone and personal conferences with City employees and officials Including the Mayor and City Council members; subject to approval by the Mayor and Council, participation in Association of Idaho Cities Legislative Council matters including participation in drafting legislation and testimony before the legislature if requested by AIC; respond to all citizen inquiries regarding City ordinances other than those pertaining to criminal matters; participation in telephone and office conferences with builders or developers regarding pending development projects at the requested of the Mayor, City Council, and/or City staff; review. comment, and drafting assistance concerning proposed City policies Including human resources policies; participation and assistance in City's efforts to set a budget for the City's civil legal services for the next Fiscal Year, and aU other legal services as set forth in the Proposal AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 3 P.06 Nov-13-02 05.50~ Foley & Freeman 12088885130 submitted by White Peterson (Exhibit "B"), excluding legal services specifically Identified therein as being provided outside the monthly retainer. 2.3 .City Attorney" means and refers to William F. Nichols. 2.4 "Fiscal Year" means and refers to City's fiscal year, now beginning October 1 st and ending September 30th of each calendar year, as provided by State law and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of ihe fiscal year for City. 3 SERVICES PROVIDED BY WHITE PETERSON, Pursuant to the terms of this Agreement, White Peterson 15 hereby appointed by the City to perform all Retainer Legal Services for the City and such other Additional Legal Services as requested by the City. 4 PAYMENT FOR SERVICES. City agrees to pay White Peterson for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for aU Retainer Legal Services, Including all out-of-pocket expenses incurred by White Peterson In performing the Retainer Legal Services, City shall pay White Peterson the total ~um of seventeen thousand five hundred and 00/10Oths dollars ($17,500.00) per month. 4.1.1 Payment for Retainer Legal Services shall be due monthly in advance on or before the 20m day of each month. Although the parties acknoWledge that the Retainer Legal Services are provided on a flat-fee basis, White Peterson agrees to maintain accurate monthly time records of all Retainer Legal Services provided by its AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 4 P.07 Nov-13-02 05:51P Foley & Freeman 120SSS85130 attorneys (itemized by date, attorney performing services, and recording time in tenths of hours) and to provide the same to City on a monthly basis. 4.2 Compensation for Additional Legal Services performed by White Peterson at the request ofthe City shall be paid atthe rate of$125.00 per hour for services performed by White Peterson's shareholder attorneys, $100.00 per hour for associate attomeys, and $60.00 per hour for a legal assistants or paralegais (who are performing services which would otherwise require the services of an attorney at higher hourly rates). 4.2.1 City shall also reimburse WhIte Peterson for actual out.{)f-pocket expenses (such as fliing fees, postage, etc.) incurred by White Peterson in the performance of the Additionai Legal Services as authorized by City. 4.2.2 White Peterson shaH provide the City with a monthly itemized Invoice of aU Additional Legal Services performed (including all out- of-pocket expenses). Provided the Invoice is received by the 5Lh of the month. the City shall remit payment to White Peterson by the first business day of the following month. 5 TERM. The term of this Agreement shall commence November 1, 2002 and shall continue until the end of the City's current Fiscal year, September 30, 2003, subject to renewal or extension as set forth in this Agreement. 6 REPRESEN:rATIONS AND WARRANTIES OF WHITE PETERSON. White Peterson represents and warrants to City as follows: AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 5 P.OS Nov-13-02 05,51P Foley & Freeman 12088885130 6.1 Authority. White Peterson has the righ1, power, legal capacity.and authority to enter into and perform Its obligations under this Agreement. 6.2 No Prohibition to Performance. There are no judgments, liens, actions, or proceedings existing or pending against White Peterson which would materially affect White Peterson's abiiity to enter into or perform under this Agreement 6.3 Coroorate Status. White Peterson is a professional service corporation duly organized, validly existing, and In good standing under tI1e laws of the State of Idaho and has all necessary corporate powers to enter Into this Agreement. 6.4 Nichols Deslanated Primary Attornev.Whlte Peterson acknowledges that William F. Nichols is designated as the attorney shareholder with primary responsibility for providing legal services to the City pursuant to this Agreement. 6,5 Performance of Services. White Peterson agrees to perform all of the services and work set forth in this Agreement in a timely, efficient, and professional manner in accordance with the terms of tI1is Agreement and in compliance with existing laws, ordinances, rules, or regulations of any applicable regulatory autl1orlty or governmental body. 6.6 Non-ExclusiveAareement. White Peterson acknowledges that this Agreement shall not be Interpreted to limit the City's authority to retain the services of outside legal counsel to perform any legal services other than Retainer Legal Services, whether as a result of the City's need fer special expertise or otherwise. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 6 P.O9 Nov-13-02 OS:SlP Foley & F~eeman l20asSSS130 7 INSURANCE. For the purposes of this Agreement,White Peterson shall carry the following types of insurance In at least the per occurrence limits specified below: Coveraae Limits of Liabilitv Professional liability (errors and omissions) Workman's Compensation Employer's Liability General liability (bodily injury and/or property damage) $2,000,000.00 Statutory limits $2,000,000.00 $2,000,000.00 B INDEMNIFICATION. White Peterson shall indemnify and hold City, and its officers, agents, and employees, harmless from any and all liability, damage, or expense, including attorney fees. which may be brought, claimed, or pursued against City or its representatives arising out of the intentional act, negligence. or omission of White Peterson or its employees, agents, or representatives. 9. POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties may mutually agree to renew or extend the term of this Agreement; however, any such renewal or extension must be in writing. 10 TERMINATION. This agreement maybe terminated upon mutual agreement of the parties. Meridian shall also have the right to remove White Peterson's appointment as City's attomeys in the manner as set forth in Idaho Code. § 50-206 and terminate this Agreement, with or without cause, at any time, which termination shall be effective upon service of written notice to White Peterson in the manner as set forth herein. In the event of a termination. City shall remain responsible to pay White Peterson for all services provided through the date of termination pursuant to the terms of this Agreement. AGREEMENT FOR CITY ATTORNEY/CIVIL. LEGAL. SERVICES Page 7 P.1O NoV-13-02 05:52P Foley & Freeman 120aaaaSl30 11 GENERAL PROVISIONS. 11.1 Attorney's Fees. If any action or proceeding is instituted to enforce or construe any provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from any party or parties against whom a judgment Is entered, all reasonõlble attorneys' fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entitled. 11.2 BindinG Effect. This Agreement shall be binding upon the heirs, estates, personal representatives, successors, and assigns of the parties. 11.3 Choice of Law. This Agreement will be interpreted in accordance with the laws and statutes of the State of Idaho. 11.4 Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited In the United States mail. certified, return receipt requested, postage prepaid, and properly addressed as follows: Notice to City: Robert D. Corrie. Mayor City of MeridIan 33 East Idaho Street Meridian, Idaho 83642 Notice to White Peterson: William F. Nichols White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A. Suite 200 5700 East Franklin Road Nampa, Idaho 83887 AGREEMENT FOR CITY ATTO~EY/CIVIL LEGAL SERVICES Page 8 P.II Nov-13-02 05:S2P Foley & Freeman 1208888S130 11.5 ParaaraDh Headings. The paragraph headings of this Agreement are for clarity in reading and not intended to limit or expand the contents of the respective paragraphs. 11-6 Partiallnvaliditv. Whenever possible, each provision of this Agreement shalf be interpreted In such a way as to be effective and valid under appiicable law. If a provision oflhisAgreement is prohibited by, or invalid under applicable law, it shall be ineffective only to the extent of such prohibition or Invaiidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 11.7 Further Assurances. The parties each for themselves do further covenant to the others to execute any and all other documents necessary to effect the transfers contemplated by this Agreement. 11.8 J:Im§. Time is declared to be of the essence to this Agreement. 11.9 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power, or privilege under this Agreement or the documents referenced in this Agreement will operate as a waiver of such right. power, or privilege. and no single or partial exercise of any such right, power, or prlviiege will preclude any other or further exercise of such right. power. or privilege or the exercise of any other right, power, or privilege. 11.10 No Assianment bv White Peterson. White Peterson shall not sell, assign, or transfer all or any portion of its interest in this Agreement at any time. AGREEMENT FOR CITY ATTORNEYfCIVIL LEGAL SeRVICES Page 9 P.12 ----.. Nov-13-02 05:53P Foley & Freeman 120SSBS5130 11.11 Hand-written Provisions. Hand-written provisions inserted in this Agreement, and initiaied by the parties in ink, shali control aU type-written provisions in conflict therewith. 11.12 Entire Aareement. This Agreement supersedes all prior agreements between the parties with respect to its subject matter, and constitutes (along with the other documents raferred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to Its subject matter. 11.13 Execution and Countercarts. This Agreement may be executed In one or more counterparts, each of which shall be deemed an original agreement, but all of which shali be considered ona instrument. 11.14Amendments. This Agreement may not be amended, modified, altered or changed in any respect whatsoever, except by further agreement in writing duly executed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY: AlTEST; AGREEMENT FOR CITY AlTORNEY/CIVIL LEGAL SERVICES Page 10 Pol;:! Nov-13-0Z 05:53P Foley & Freeman 1 ZOSeea.51 30 WHITE PETERSON: WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ~. ¿ Terrence. White, President ~ STATE OF IDAHO' ) )$S. County of Ada ) On this ~¡'y of tJ ðVfM1}¡Y .2002, before me, a Notary Public. personally appeared Robert D. Corrie and WiUlam Berg, known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian, HEREOF, I have hereunto affixed my offlclel seal the day and year first above AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 11 P.14 Nov-l3-0Z 05:53P Foley & Freeman 120SSSS5l30 EXHIBIT "A" (Attach copy of City's Request for Proposals [RFP NO. 02-001] here) AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 12 P.l5 Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 by 4:00 p.m. on the 16th day of' Septeaber, 2002. proposals must be signed. No exceptions. All CITY OF IdBRIDIAN August 16, 2002 lU'P NO. 02-001 The City of Meridian is requesting proposals for City Attorney I Civil IA<¡al. Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. A complete package of requirements necessary to comply with this RI!'P may be obtained from: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID .83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working clays prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. Submit 10 copies of the proposal' with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: lU'P No. 02-001; City Attorney/Civil I.egal Services for the city of' Meridian and delivered to: THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGtlLARITIES IN THE PROPOSALS RECEIVED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVJ\NTAGEOI1S TO THE BEST INTEREST OF THE CITY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE. and delivered to: will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 CITY OF MERIDIAN RFP NO. 02-001 The City of Meric!:í.an is requesting proposals for City Attomey/C.iviI Leqal Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Submi t 10 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: UP No. 02-001; City Attorney/Civil Legal Services for the City of Me.ric!:í.an Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. The successful firm will be required to provide evidence of Professional Liability Insurance (Errors and Omissions), Worker's Compensation Insurance for all employees, and General Liability Insurance in an amount to be determined. Protest of RFP Requirements, Standards, Specifications. or Process: Any Vendor who w1shes to protest the requirements, standards, specification or process outlined in this Request for Proposals may submit a written notification to the City of Meridian, to be received no later than five working days prior to the proposal. opening. The notification shall state the exact nature of the protest, describing the location of protested portion or clause in the RFP document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The City may deny the protest, require that the RFP be modified, modify the RFP, and/or reject all or part of the protest. Protest of Contractor Selection or Contract Award: Any actual or prospective proposer who is aggrieved in connection with the selection of a contractor or award of the contract may submit a protest to the City of Meridian. The protest shall be submitted within four (4) working days after such aggrieved person knows or should have known the facts, which give rise to the protest. The protest must set forth in sPecific terms the alleged reason the Vendor selection or contract award is erroneous. Award of Contract: It is anticipated that the City will contract with one person or a firm, as needed for fiscal year 2002-03 with the Paqelof5 City of Meridian RIi'P No. 02-001 City Attomey I Civil Logal Services - Administrative Law - Annexation Law - Condemnation/Eminent Domain - Construction Litigation - Collections and Bad Checks - EEOC; Human Rights Commission - Employer and Income Tax Law; Wages and Benefits - Employment Law - Environmental Law (including NfDES fermitting, Clean Water Act, Clean Air Act, Hazardous Waste, TMDL, and Effluent Trading) - Evictions - Foreclosures - Franchising/Telecommunications - General Litigation - Planning and Zoning Law - fublic Meeting Requirements - fublic Records Law - fublic Works Contracts - froperty Acquisition - Real Estate Law - state or Federal Civil !tights Defense - State or Federal Civil Defense - State or Federal criminal Defense - Unemployment Claims - Water Law - Workers Compensation possibility of continuing one (1) year extension(s). We appreciate your interest in this project and realize that the development of a proposal is a costly and time-consuming effort. Please be assured your proposal will be thoroughly reviewed and evaluated. It is anticipated that the contract will be awarded effective November 1, 2002. RFP NO. 02-001 CITY ATTORNEY/CIVIL LEGAL SERVICES FOR THE CITY OF MERIDIAN li'ROIi'OSAL SIJJiIMITTAL ElEQCrIREMEN'l'S SCOPE OF WORX: The City of Meridian is soliciting proposals from law firms to provide Legal Services as ~e City Attorney and Assistant City attorneys. The specific proposal submittal requirements are defined below. The anticipated services will relate primarily to: General Legal Municipal Law including but not limited to the following areas of expertise: Page 2 of 5 City of Meridian UP No. 02-001 City Attorney I Civil Legal Service. " SEALED PROPOSAL " "an 110.02-001; City Attorney/Civil Legal Sexv1cea for the City of Meridian" I StœMJ:TTAL PROCEDtJ1I.E A. Date & Location: written proposal submittals are due on the 16th day of Septelllber, 2002 at 4:00 p.m. local time at the office of the City Clerk. The envelope in which the proposal is received must be specifically marked: an 110. 02-001; City Attorney/Civil Legal Services for the City of Meridian Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 B. Please submit Ten (10) copies of the proposal in a sealed package and identified as follows: and delivered to: II PROPOSAL 1i'ORMA~ lid tten proposals must be clear, concise and formatted. as outlined below to allow for consistent and fair evaluation of each submittal. SECTION I Cover Letter/Signature Page - The cover letter should contain an introduction of you/your firm, a summary of its capabilities to perform the services requested, and a summary of your firm's experience in this type of work. It also is suggested that you outline your interest in this project(s) and ability to respond and perform. The cover letter should be signed by a principal of the firm. The signature page shall be completed and returned with your proposal. SECTION II Available Staff and Equipment - This section outlines the experience and expertise your key individuals have relating to the type of projects anticipated. Please designate the individuals that will be assigned, or anticipated to be assigned, to perform the various tasks and duties outlined. A summary of the number of staff people available to support these key individuals also should be provided. Also, a summary of equipment capabilities such as word processing, .FAX machines, and ability to communicate with the City via E-Mail' should be provided. SECTION III Ability to Provide Responsive Services - The services anticipated by this proposal will, for the most part, be requested on short notice with Page30f5 City of Meridian UP No. 02-001 City Atto=ey I Civil Legal Services ._-~ ~-~-- ~--~~- SECTION IV tight time frames. Please outline your firm's approach and commitment for providing the necessary services in a timely fashion. Cost for Services - Please provide a description of the proposed billing methodology which may be a listing of the personnel (type) to be utilized and the billable rate for each category of staff, a blended rate, retainer, or some other method. SECTION V Description of Prior Experience - Each proposer is requested, without disclosing client sensitive information, to submit a descriptiotl of prior work done in the area of law foi which the. proposal is submitted including a description of the preferred method of relating to an institutional client, type and manner of case referral, preferred method of development of case strategy, and historical client cost information. SECTION VI Description of Service to the City - Each proposer is requested to describe its methods of determining that matters handled will be timely, professional, and in accordance with City personnel's expectations, that unnecessary activities will be avoided, that ingenuity and resourcefulness by assigned staff encouraged, and how representing parties with interests adverse to the City avoid will be avoided during the contract term. SECTION VII Other (Optional) - This section is provided to allow for any other information, including alternate retainer agreement language you believe is important to be noted as a part of the selection process. APPENDIX (OPTIONAL) A. B. C. D. Resumes Brochures Letters of Recommendation Other III EVJW1A:L'ION noass City staff will review and evaluate the responses received against the evaluation criteria listed below. Based on the evaluation of the written proposal by staff, the Contract will be awarded by the City Council. The City'Council has final approval and award authority regardless of staff recommendations. A. Evaluation Criteria: The evaluation will be based on the responses received. The City reserves the right to reject any Paqe4of5 City of Me%idian UP No. 02-001 City Attorney I Civil Ioeqal Se%vices 2. Qualifications and Experience of the Individuals Who will Perform the Work: This will be based on the resumes and recent relevant experience of the attorneys who will be working with the City, especially those senior attorneys responsible for directing the services and advice provided to the City. 3. Demonstrated Understanding of the City's Needs: will give credit to demonstrated insight; suggested approaches, priorities, or areas of emphasis; and innovative, constructive thinking. This and all responses received if it determines that action to be in its best interest. The following criteria will be considered in evaluating the responses received: 1. Qualifications and Experience of the Firm: This will be evaluated based on the breadth and depth of the firm's recent and relevant experience in the provision of comparable legal services. 4. Cost: The City is keenly interested in overall cost control and will evaluate carefully the proposed cost proposals provided in response to Section IV. PageS of 5 CJ.ty of MerJ.d;,an UP 110. 02-001 cJ.ty Attorney I cJ.vn Legal ServJ.ce. NoY-13-02 05:63P Foley & F~eeman 12088885130 EXHIBIT "8" (Attach copy of WP's Attorney Contract Proposal dated September 16, 2002) AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 13 P.16 RESPONSE TO RECEIVED SEP f 6 2002 RFr NO. 02-001 City of MeridIan City Clerk OfficI; CITY ATTORNEY I CIV1L LEGAL SERVICES FOR THE CI1Y OF MERIDIAN ATTORNEY CONTRACT PROPOSAL September 16, 2002 ,,' ST.1BMJ1TED By: WHITE, PETERSON, MORROW, GIORA Y, ROSSMAN, NYE & ROSSMAN, P .A. Response to RFP No. 02-001 September 16. 2002 Pagel SECfION I-FIRM IlVrRODUCfION: White, Peterson, MolTow, Gigray, Rossman, Nye & Rossman, PA is a firm of si.'cteen attorneys. We are the largest law firm in Southwest Idaho outside of Boise. The firm has performed City Attorney services for the City of Meridian from 1998 to present. We are proud of the services we have rendered to the City and are pleased to submit this proposal as we would like to continue our representation of this fast growing city. Because we have been your City Attorney for the past four years, we understand, better than any other lawyers, the demands that are placed on the Mayor, Council, and the various City Departments. The unabated growth in the City, the constraints placed on the budget as a result of the three percent cap imposed by Idaho law, and the need to play "catch up" is evident in every City function. Almost every attorney in our firm has been involved, at one time or another, in working on City of Meridian issues. Bill Gigray (former Caldwell and Greenleaf City attorney, and currently City Attorney for Wilder) began in 1998 and worked hard to develop systems, forms, etc. to standardize many city processes, especially as they relate to planning and zoning decisions. A major effort was made to coditÿ then existing City ordinances, which, when completed, made. it easier for City officials, and customers of the City to find the applicable laws. Teny White (Nampa City Attorney), with three decades of experience in municipal law, has been working behind the scenes when he acts as a sounding board for ideas, trouble shooting, etc. T my has also assisted all cities in Idaho by his work on the Association ofIdaho Cities Legislative Committee. Phil Peterson, Todd Rossman and former partner Steve Pruss assisted Bill Nichols when the issue of the Bear Creek Park donation presented complex tax issues that mandated a special approach to the specific language in the subdivision approval findings. Bill MolTOw, a former Canyon County Chief Deputy Prosecutor, is experienced in Federal Civil Rights defense, including cases for the City ofNampa. He is also experienced in environmental litigation. Chris Nye has represented the City in all of the judicial review proceedings that have been heard in the last four years, and to date, Chris has suççessfully defended the City's decision in all those cases. .Chris also has represented the City ofNampa in eminent domain condemnation lawsuits, and bas provided advice to the Meridian Public Works Department on how eminent domain works, and what steps must be taken if, for instance, sewer trunk easements cannot be obtained by negotiation with landowners. Eric Rossman served as the Planning &. Zoning Commission attorney for several years, and has successfully litigated judicial confirma.tions for the City of N ampa. J uJie Fischer has assisted the Mayor and Human Resources Director on personnel issues and in policy review. Julie is also experienced in water law, and as the City grows, issues regarding water law will become increasingly important. Sam Johnson (Melba City Attorney), whose practice emphasizes litigation, has assisted the Public Works Department in defending the Public Works Director and City Engineer in depositions in a lawsuit involving the Waste Water TreatmentPlant Kevin Dinius successfully obtained the Judicial Confinnation on the alternative fiœncing for the new police station. Kevin also has been involved in construction WHITB, PETERsoN, MORROW, GIORAY, RosSMAN, NYB& RossMAN, P.A. RespoD.Se 10 RfP No. OZ-OO I September 16, :zaO2 Page 2 litigation for the City ofNampa where contractors have not performed according to the contracts, and if that situation should present itself on a Meridian project, Kevin's experience would be exceptionally helpful in getting the project completed and recovering on the perfolI!lance bonds. As for Bill Nichols' involvement with the City, he has attended aIrnost all of the CoWlcil meetings since Febrwuy 2000 and has met with every Department Head and other City employees on a variety of issues. He has also assisted the Association ofIdaho Cities in the annexation legislation fights in the 200 I and 2002 legislative sessions, including drafting portions of the new annexation law. . We have performed excellent work for the City of Meridian, and we understand that there is much that remains to be done. We think we are the attorneys best suited to do that work, and if selected, pledge to work hard to improve upon the excellent service we already provide. At White Peterson, we consider ourselves not just attorneys, but counselors as well. In municipal representation, it is not sufficient merely to know whetil.er some course of action is "legal." Many times it is more important to counsel the client on whether this "legal" course of action is best in the long run. That type of counsel only comes with experience, the type of experience that the lawyers of White Peterson bring to work every day. WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A By: ,~ Terrence White President W!IIfE, PETERsoN, MORROW, GroM Y, RoSSMAN, NYE 8r. RoSSMAN, P.A Response to RFP No. 02-001 September loS, 2002 Page J SEaTON n -AVAILABLE STAFF AND EOUIPMENT: We propose staffmg the City of Meridian's anticipated legal services with the following attorneys, based on their legal expertise and experience. We have provided a copy of the resume of each member of the firm attached to this Response as Appendix A. It is understood that this list is not all-inclusive and that the incumbent City Attorney, William F. Nichols, will continue to direct each specific issue to the most appropriate lawyer in the fum to handle the matter, The following list of areas of expertise lists those attorneys who can provide representation in those areas. Mr. Nichols will continue to be the primary attomey for the City including attendance at most Council meetings. Terry Wbite and Chris Nye will be the partners who will serve as backup for attendance at Council meetings. M explained in Section III, we intend to mentor Nick Wollen and one other associate to be able to attend an occasional Council meeting. Mr. Wollen will atrend Planning and Zoning .commission meetings. Administrative Law: William A. Morrow Christopher S. Nye Annexation Law: William F. Nichols Terrence R. White CondemnatioolEminent DGmaln: Christopher S. Nye Construction LitigatiGn: Kevin E. Dinius Collections and Bad Check8: William F. Nichols EEOC; Human Rights Commission: Julie Klein Fischer Eric S. Rossman Employer and Income Tax Law; Wages and Benefits: Philip A. Peterson Todd A. Rossman Employment Law: Julie Klein Fischer Eric S. Rossman Environmental Law (including NPDES Permitting, Clean Water Act, Clean Air Act, Hazardous Waste. TMDL, and Effluent Trading): William A. Morrow WHITE, PETE¡¡sQN, MORROW, GrORAY, ROSSMAN, NYE &. RoSSMAN, P.A. Response to UP No. 02-00 1 September 16, 2002 Pas- 4 Evictions: Christopher S. Nye D. Samuel Johnson WiJliam F. Nichols Foreclosures: WiJliam F. Nichols Terrence R. White Fran chis ingIT elecomm u nications: William F. Nichols General Litigation: William A. Morrow Eric S. Rossman Kevin E. Dinius Planning and Zoning Law: William F. Nichols Terrence R. White WiJliam F. Gigray Nicholas L. Wollen 'Public Meeting Requirements: William F. Nichols Terrence R. White William F. Gigray WiJliam A. Morrow Public Records Law: William F. Nicho!s Terrence R. White William F. Gigray William A Morrow Public Works Contracts: William F. Nichols Terrence R. White William F. Gigray . William A. Morrow Kevin E. Dinius Property Acquisition: Terrence R. White Julie Klein Fischer William F. Nichols YoddA. Rossman WHITE, PETERSOi'I, MORROW, GlOM Y, ROOMAN, Ny¡¡ &. ROs.~MAN. P.A Response 10 RF1' No. 02-00 I September 16, 2002 Page S Real Estate Law: Terrence R. White Julie Klein Fischer William F. Nichols Todd A Rossman State I Federal Civil Rights DefellSe: William A. Morrow State I Federal Civil Defense: William A. Morrow Christopher S. Nye Eric S. Rossman Julie Klein Fischer D. Samuel Johnson KevinE. Dinius Nicholas L. Wollen State / Federal Crimmal Defense: Christopher S. Nye William A Morrow Unemployment Claims: Julie Klein Fischer Water Law: Julie Klein Fischer Workers Compeosatioo: William F. Gigray D. Samuel Johnson White Peterson has a total of 16 attorneys and 21 support staff, including 12 legal assistants, 2 paralegals, 3 administrative personnel, and 4 general office support staff. In most cases, a staff member will support attorneys based upon their experience in a particular area of law rather than specific attorney/staff assignments. For instance, a legal assistant with many years of experience in criminal prosecution will support 3D attorney in that one area, while another legal assistant with expertise in the field of real estate law may support the same attorney in real estate matters. We believe in utilizing everyone's interests and expertise to the fullest to give our clients the best possible service. In addition to the considerable combined years of legal experience of our staff, Marlene St George bas been perfonning the legal assistant duties for the Meridian City Attorney's office for approximately 15 years (for Mr. Crookston (1984- I 993), City of Meridian (1996-1998), and for White Peterson (1998-Present». Marlene is a great asset to the firm because ofber extensive knowledge of City business, policies and procedures, and City personnel. Backup procedures for staff coverage in case of absence, either planned or unplanned, is in place. Each legal assistant has at least one other staff member who is their replacement during WHrŒ:, PETERSON, MORROW, GJORAY, RosSMAN, NYE&RosSMAN, P.A. Response 10 RF1' No. 02-001 September 16, 2002 Pose 6 absences or when they need additional workload assistance. Again, these assignments are based on prior experience and knowledge. Our Office Administrator, KeUy Andrus, is the point person for personnel issues. She has 25 years oflega! experience, over 13 years ofwhicb is exclusively in legal office administration,. It is her responsibiJity to see that all necessary support is available to each attorney at all times. If at any time additional support is needed, she win immediately evaluate and address those needs and remedy the situation. In 200 I, our firm upgraded our network server to improve stability and security. In 2002 we purchased new desktop computers to replace those which couJd not be upgraded to accommodate the Windows XP Professional desktop operating system. The remaining computers were aU upgraded, and now, all computers in the £inn are running Windows XP Professional with Microsoft Office XP word processing and spreadsheet software. This has improved the stability of our network, and more importantly for Meridian, the conversion ITom WordPerfect to Microsoft Word for word processing software has improved the ability of our office to quickly route documents and collaborate with City personnel in drafting documents and reduCing errors in conversion ftom one word processing software to another. All documents are stored on the network server which is backed up daily. A laptop computer is supplied for any attorney attending a City Council meeting to be able to use the LaserFiche CD-Roms. Email is provided through Microsoft Outlook XP. Norton Antivirus software is instaUed on the server and scans all incomingemail and attachments. A dedicated fax line is used to insure that voice traffIC does not interfere with fax ~mìssions. Digital cell phones are supplied to all attorneys whose practices involve any significant time out of the office. Our digital phone system mc!udes voice mail which can be checked by attorneys; and staff, ftom their desks or ftom outside the office. Online legal research is provided through Westlaw. All lawyers and staff have access to the Internet through a dedicated high speed (not dial up) connection. Communication with the City will also be through courier. The firm employs a courier who will include City Hall in his route in order to pickup and deliver documents. &ECI'JON m - ABILITY TO PROVIDE REsPoNSIVE SERVICES: Our proposal for services, as outlined in Section IV below, essentially allows the firm to reserve time by the attorneys who will be primarily assigned to serve the City of Meridian. For e~ample, William F. Nichols is designated as the primary attorney for the City. Knowing this, he will restrict his outside practice to limit the number of instances where work for another client will interfere with his ability to respond in a timely fashion. If he cannot respond as needed by the City, the firm has the depth and number of attorneys that will allow the fInD to assign another lawyer to the emergency, WIII'Œ. PETERSON, MORROW, G¡CiRA Y, RosSMAN, NYE & ROSSMAN, P.A. ----- Response to RFP No. 02-001 September 16, 2002 Page 7 One of the ways that services can be provided in a timely fashion will be for our finn to implement a mentoring program to take less experienced lawyers and train them in the skills and knowledge necessary to provide excellent advice. Our proposal contemplates mentoring Nick Wollen and another associate to be named later. Both will attend Planning and Zoning Commission meetings. We also intend to have them attend a number of City Council meetings before asking them to sit in the attorney's chair at Council. With the change in meering fonnat, and the desire of the Mayor and Council to keep meetings fiom going past 10 p.m., we believe that there will be Council meetings where these associate attorneys can provide excellent advice and allow the Council and the Mayor to rest assured that adequate coverage is maintained when Mr. Nichols is not available for a meeting. . We have emphasized to lawyers and staff alike, that time is of the essence in City processes. City employees and City customers often need quick resolution of issues. We feel that we have been available to respond to these demands, and have worked with department heads and the Mayor to review and discuss how to improve the processes and methods we use, especially in the Planning and Zoning arena. Our proposal contemplates assisting the Planning and Zoning Department in making the lTmLsition trom the current situation where aU recommendations and fmdings are prepared by our office, to a new era where recommendations and rrodings are prepared by the Planning and Zoning Department. That department identified issues related to accuracy of documents as the target of one of their goals in the 2002 Strategic Plan. Improving the accuracy of recommendations and findings will improve the City's relationships with developers, engineers, and builders, as well as the public as a whole. OUr fum assisted the City in taking planning decision documentation to a higher level from what there was before we were engaged as attorneys for the City, and we want to help take tint documentation to the next level. For areas of law which only occasionally conftont the City, our finn has the depth and experience to put the right lawyer on the problem. We contemplate that when an issue comes up, either Mr. Nichols or Mr. White will act as the gate keeper to detennine which lawyer would best be assigned to that matter. Any time-sensitive matters will be treated accordingly. For example, if a water law issue cOllies up, Julie Fischer can Iespood to the affected department If litigation is necessary or threatened, one of our litigators can be assigned to work on that case. In Section II we have designated certain assignments. Assignments outside of those designated in this proposal will be discussed with the affected department head, or the Mayor, as applicable, before the assignment is fma1ized. . SECfION IV - COST FOR SERVICES: As the City is aware, in the past we have used an approach to biUing for services which included a wide variety of services in the basic retainer. There have been very few instances where work outside the retainer was done. For instance, the police station judicial confinnarion WfDlE. PETERSON, MORROW, G!ORAY, ROSSMAN, NYE&: RoSSMilN, PA Response to RFP No. 02-001 September 16, 2002 Page 8 in 200 I cost the City about $4000 in eKtra legal services from our finn. The advantage to a City to have a broad retainer is that it typically reduces the risk that legal services will exceed what has been budgeted. This essentially puts the risk on the attorneys that the services needed will not exceed the attorney's projections. A significant advantage to a fixed retainer is that it allows City employees and officials to seek and receive advice timely, and without the hesitation that so.metimes occurs if each phone call or conference is billed separately. Under our current retainer, employees and officials, çan call or meet with one of our attorneys on almost any matter, and the consultation is included in the montWy retainer at no extra charge. In our practice we are often called by citizens or developers to discuss a particular matter or when they wish to present a concern to the City Attorney. Those calls often are a direct referral ITom the City. If all calls are billable outside of the retainer, it could negatively impact a particular depar1mentjust because a neighborhood is fired up about a proposed development, etc. We are also aware that the City is keenly interested in cost containment and only paying for what it needs. That is why our proposal contemplates a combinatiol! of monthly retainers to cover basic services, and additional services on an as needed basis at an hourly rate that is significantly lower than our typical hourly rates. In the basic retainer you will see that we have proposed two sums, one if we keep an office in Meridian, and one if we provide the services ftom our office in Nampa. As you are aware, we are not submitting a proposal to provide criminal prosecution services to the City. With the elimination of prosecutors and their support staff, it would be impractical to keep our Meridian office unless the basic retainer covers that additional overhead. Our office in Nampa is located just seven miles west of Meridian on Franklin Road' We are only fifteen minutes away from any City office. Since our civil practice has emphasized meetings at City facilities, as opposed to asking City employees and officials to meet us at our office in Meridian, elimination of a physical presence in Meridian will not negatively impact our ability to communicate with the City. The monthly retainer without a Meridian office would be $17,500; with a Meridian office it would be $21,000. Services outside the retainer would be billed at $125 (instead ofS175) per hour for attorney shareholders (partners) and $100 (instead of S 125) per hour for associates. Legal assistants doing work that would otherwise be done by an attorney would be billed at $60 per hour. The monthly retainer would be due at the beginning of the month. Services outside the retainer would be billed monthly and due by the fIrSt of the month following the month in which the bin is rendered. . Retainer services would include: attendance at foW" PrecoWlcil and Council meetings per month and two Planning and Zoning Commission meetings per month; attendance at quarterly joint City! ACHD meetings; routine telephone and personal conferences with City employees and officials inclucling the Mayor, attendance at one City staff meeting per month; drafting of ordinances and resolutions; drafting of agreements; subject to approval by the Mayor and WHITE, PRTER.!ION, MoRROW, QIORAY, RoSSMAN, NY!! & RoSSMAN, P.A. Response 10 RFP No. 02-001 September 16, 2002 Page 9 Council, participation in Association ofIdaho Cities Legislative Council matters including participation in drafting legislation and testimony before the legislature if requested by AlC; responding to citizen inquiri~ regarding city ordinances not pertaining to criminal matters; telephone and office conferenc~ with builders or developers regarding pending development projects where oW' assistance is requested by City staff; and re~iew and commem on proposed policies including human resources poHcies. Services outside of the monthly retainer would include: representing the City in litigation, including arbitration, brought on behalf o~ or against, the City which is not covered under the City's insurance policy or policies; representing the City in prosecuting or defending claims (before litigation is filed) not covered by the City's insmance poHcy or policies; review or drafting recommendations, findings, or orders for development application decisions; personnel investigations and subsequent hearings; judicial confinnatiocs and bond proceedings; formation of local improvement districts for inftastructure construction; impact fee coiDmittee attendance and related follow-up; construction bidding disputes; attendance at special Council meetings when requested by the Mayor or Council President; and any other matter not included in the retainer. The City will reimburse us for out of pocket expenses such as postage, photocopies. mileage, parking, travel, court costs and filing fees, long distance telephone charges, deposition transcripts, etc. incurred in connection with services outside the monthly retainer. If there is any question as to whether a particular matter is or is not within the coverage afforded by the retainer, the firm agrees to meet and discuss the issue with the Mayor and Council to resolve the same. If the City believes it necessary, we are willing to include in the contract a meclwùsm to resolve such issues, such as binding arbitration. It is important to note that there may be situations where there is a conflict or potential conflict, or where special expertise is needed, that will require the City to retain outside counsel. SECI'ION V - DESCRIPTION OF PRIOR ExPERIENCE: Most of the information requested in this Section is covered in the response to Section 1- Finn Introduction and in the biographical information of each attorney attached in Appendix A. Case strategies, and other strategies on municipal matters not involving a lawsuit, are developed by reviewing the facùlprobJem, reviewing the available options and discussing those matters with the appropriate people at the City, whether that be department heads, the Mayor, the Council or some combination. The client determines which direCtion to take after considering the relevant factors. Once a matter is underway, as the matter progresses, reports are made to the appropriate individuals. As decisions become necessary, we consult with the client. We remember that it is the client's matter and ultimately it is the client who must live with the outcome. The City must be involved in those decisions. WffiTE, PETERSON, MORROW, GlOM Y, ROSSMAN, NYE '" RoSSMAN, PA ~pons. to RFP No. 02-001 September 16,2002 Page 10 With regard to historiçai client cost information, we feel that the most pertinent information can be found in comparing the fees paid by the City ofNampa. Our other municipal and quasi-municipal clients do not have the same volume of work or present the same demand for selVÎ.ces. In order to compare "apples 10 apples," comparison to Nampa is more appropriate. For FY 2002-2003, Nampa will pay White Peterson a monthly retainer of$13,500 per month. Matters outside the retainer are billed at the attorney's regular billing rate. The matters covered by the Nampa retainer are slightly different from what is proposed for Meridian. For example, the Nampa City Council only meets tWice per month, only on rare occasions does an attorney attend the one monthly Planning and Zoning Commission meeting, and when that occurs, the hours are billed outside the retainer. Additionally, our Meridian proposal has a discounted hourly rate for matters outside the retainer. SEmON VI - DESCRJPTlON OF SERVICE TO THE CITY: Beginning with the start of the new retainer, our fum will implement a tracking procedure to track assignments given 10 us by the City. As each assignment is made, the required date for completion will be detennined between our office and the affected staff or official and that date calendared in the tracking sheet. Mr. Nichols will review the tracking sheet at least weekly 10 determine whether the required date can be met, and if not, whether the matter needs to be reassigned, additional support staff used, etc. By understanding the City's expectations up ftont, work should be timely completed. If unable to complete a task as originally required, contact will be made with the affected department and Mayor, as appropriate. At the outset, all department heads, the Mayor and Council, are encouraged to provide feedback to our office if any expectations are not being met Between February and March of 2003, we will issue a survey to the Mayor, Council, and department heads which will be designed to ascertain whether we are meeting the expectations of City personnel. The results of the survey will be shared with the Mayor and Council and any deficiencies will be addressed. At any time if there is an issue of concern, the matter should be addressed to Mr. Nichols. If he is unavailable, or if the matter concerns him, the issue should be addressed to Mr. White. With regard to processes, our staffand lawyers are encouraged to bring forth any ideas which may improve the delivery oflega! services. Often it is the staff who find inefficiencies and devise new and better means and methods to get work done. We anticipate providing additional tæining on our existing software and will be exploring use of practice management software, including document management and document preparation software as a way 10 improve what we do. . Conflicts of interest are avoided by making sure every employee in the finn knows that the City is our client We have conflict checking procedures in place and recently acquired new WIII"Œ, PETERSON. MORROW, GIORA Y, ROSSMAN, NYE & ROSSMAN, PA -- ----.. Response to RFP No. 02.001 September 16, 2002 Page 11 software which will be used to enhance conflict checks. The practice management software referenced above, ¡facquired, has a complex and thorough conflict checking mechanism. As a practical matter, in four years of representing the City of Meridian, there have been no conflict of interest matters. SECrION VII - OTHER: There are a number of issues facing the City which will involve the City's legal representatives. Here are some which we have identified. The City's Strategic Plan under Challenge No.2 identified a Key Strategy of the City Clerk to review all City ordinances to remove outdated ones, identify "holes' and generally clean up the existing code. Strategic Plan Challenge No.4 includes a Key Strategy to find alternative funding mechanisms for the City. Recently, attendees at the AlC Legislative Conference were told that the legislature may assault the City's abi1ity to receive sales tax revenues. If that occurs, the City may need to move up its review of implementation of a public safety impact fee to fund construction of fire stations. Strategic Plan Challenge No.6 includes a Key Strategy to revise the City's Development code. This would involve a review of existing processes to see if unnecessæy procedures can be eliminated or streamlined The new Comprehensive Land Use Plan requires that the Subdivision and Zoning codes be revised to accommodate new uses, planning areas, etc. The documentation necessa¡y for design and construction of Fire Station No.3 will need to be reviewed and commented upon before contracts are signed or bids are solicited Financing and c(lnstruction of a new City Hall is a goal for almost everyone in the City. This will require negotiation of agreements for land acquisition, design and financing. Although there bas been a recent setback regarding judicial confinnation of a new police building in Boise, if Council chooses to use financing similar to that used on the Meridian police station, a judicial confirmation proceeding will be required, and perhaps more importantly, the whole project will n~d to be reviewed with an eye to what may successfully pass scrutiny in a judicial confirmation proceeding. Public Works is striving to transition 110m a developer financed inftastructure installation system, to a system where the City con1ro1s the timing and construction of those facilities. This changes the way easements are acquired and may necessitate eminent domain proceedings where WHITE, PETERSON, MORROW, GIGRA Y, RosSMAN, Ny¡¡ '" RoSSMAN, PA Response to lU'P No. 02-001 September 16, 2002 Page 12 negotiations are unsuccessful Since the City has not condemned property before, this will be a major change in operations, and will require legal advice tTam someone experienœd in condemnation lawsuits. The Parks Department is aggressively seeking to acquire new park land and that will require negotiation of purchase agreeroents as weIl as review of design and construction contracts. The partnering sought by the City will also require agreements between the City and nonprofit organizations to achieve the desired goal of providing more park space. The City must also finalize the Parks Master Plan as well as revised impact fee ordiD8nce and fees. The Finance Department needs a document retention/destruction policy which wiIl need to be coordinated with the City Clerk and reviewed under the Public Records Act Finance will also be implementing GASB 34 which will require legal advice as needed. Renegotiation of the Area of Impact Agreement with Ada County to include collection of park impact fees and other matters. These and numerous other issues confront the City and attorney participation will be required in most, ifnot all, of these issues. WHITE, PIJTERSON, MORROW, GlOM Y. ROSSMAN, NY! &: ROSSMAN, P.A Response Eo RFP No. 02-001 September 16, :roOO APPENDIX A Attorney Biographical Background WHITE, PEtERSON, MoRRow, GIGRA Y. RoSSMAN. Ny¡¡ & RoSSMAN, P.A. TERRENCE R. WIDTE PARTNER EDUCATION tBAR AFFILlATIONS . B.A, University ofIdaho, 1968 . J.D., University ofIdaho (cum laude), 1971 . Idaho Law Review, Board of Editors " . Bar Admission: . Idaho, 1971 . U.S. Tax Court, 1988 . U.S. Court of Appeals, Ninth Circuit . Washington, 1992 . . CURREm' PRACTICE Practice at White Peterson emphasizes counsel to the City ofNampa, annexation law, planning & zoning, public meeting & records law, real estate law, public works contracts, corporate law, estate plllllnÍ11g, and generailitigation MUNICIPAL ExPERIENCE City Attorney for the City ofNampa for 2S years. This representation has been on behalf of White Peterson 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.. . General Counsel and point person for all City ofNampa matters. Also represent the Nampa Urban Renewal Agency. GENERAL IN"rEREsT t MEMBERSHIPS ,; . Deputy Prosecuting Attorney, Ada County, 1972 . .. President, Southwest Idaho Estate Planning COUDCi1, 1-978 . . ThirdDistl'Íét,PR:sideÍ1t, 1979~1980 .. ....- .' Idaho State Bar, Chairman, Bar Exam Prep. Committee, 1991-1992 RECENT CONTIl'lUING LEGAL EDUCATION . Land Use Institute, Plæming, Regulation, Litigation, Eminent Domain and Compensation . Modem Real Estate Transactions . Idaho Municipal Attorneys Association Annual Meeting . PHILIP A. PETERSON . . PARTNER EDUCATION IBAR Aml:..rATIONS . B.S., Accounting, University ofIdaho (cum laude), 1969 . J.D., University ofIdabo (cum laude), 1979 . Bar Admission: . Idaho, 1979 . U.S. District Court, 1979 . U.S. Tax Court, 1980 ... Ct'RREN"r PRACTICE Practice at White Peterson emphasizes estate planning, employee benefitS, real estate, probate, personal and business tax planning, and general business litigation. MUNICIPAL EXPERIENCE Provide pension and employee benefit counsel to firm municipal clients- GENERAL INTEREsT I MEMBERSHIPS .' . Southwest Idaho Estate Planning Council . Canyon Area United Way, Past President, Past Member of Board of Directors . Kiwanis Club ofNampa, 1981 to present, past President, past Treasurer and Member of Board of Directors . . .. . I Believe, hie., Member of Board of Directors . University ofIdaho Alumni Association, hie. Past member of the National Board of Directors .. --. . . 'Boisê Philharmonic, Member of Board of Directors ---. .. ,- - ... n.- ,.. ...' ..... RECENT CONI'INIIDlG LEGAL EDUCATION . Pension, Profit Sharing, Welfare, and Other Compensation Plans . Annual Idaho State Tax IlIstitute , , WILLIAM A. MORROW PARTNER EDUCATION / BAR AFFILIATIONS . SA, Kent State University, 1973 . JD., University ofIdaho, 1979 ...' . Bar Admission: . Idaho, 1979 . u.S. District Court, District of Idaho, 1979 . U.S. Court of Appeals, Ninth Circuit, 1983 . U.S. Court of Appeals, Tenth. Circuit, 1992 . U.S. Court of Appeals, District of Columbia Circuit, 1995 U.S. Tax Court, 1995 CURRENT PRACTICE Practice at White Peterson emphasizes complex probate matters, enviIonmentailaw, business, real property issues, civil rights defense, and complex litigation. } MUNICIPAL Exl>ERre:NCE Extensively involved in public records disclosure advice and litigation on behalf of the City ofNampa. including occasional attendance at council and pl!lIlJ1ÎI1g and zoning meetings. Worlced with the City of Nampa on its area of impact negotiations with Canyon County, and work regularly with the Nampa Police Department by providing a variety of police and criminal investigation advice, including training of police officers on various legal topics. Have represented municipalities in numerous civil rights lawsuits against Canyon County and the City ofNampa. GENERAL lNTHREsr I M!!MIm!- . Handled a variety of planning.and zoning matters both privately and as the attorney for municipal entities. . Regularly provide counsel on governmental projects. . Involved in extensive environmental litigation and regulatory administrative law. . Civil Counsel, and later Chief Civil CoUDseI, for Canyon County, including legal advisor to Canyon County Planning & Zoning Commission, 1980-1985 ¡j ~ .. !: ...) . Chief Deputy Prosecuting Attorney, 1985-1987 . Assist in the representation of the City ofNampa, 1987-present . Co-counsel for the City of Caldwell, 1990-1994 . Board of Directors and Officer of Kiwanis Club of Caldwell . Assistant Scout Master, Troop #221, Caldwell . Member, Idaho Trial Lawyers' Association . Member, American Bar Association RECENT CONTfNUIIIIG LEGAL EDUCATION . Basic Estate & Gift Taxation and Planning . . Idaho Land Use: Current Issues in Subdivision AImexation and Zoning Law . Employment Discrimination . Environmental Litigation and Advanced Forensics -'.' '-..- - ... . ...-- '"" , : WM. F. GIGRA Y, III PARTNER i:' EDUCATION I BAR AFFILIATIONS 0 B.A., University ofIdaho, 1969 . J.D., University ofIdaho, 1972 0 Bar Admission: 0 Idaho, 1973 0 U.S. District Court, District ofldaho, 1973 0 U.S. Court of Appeals, 1980 . . U.S. Supreme Court .' , .~ CURRENT PRAcnCE Practice at White Peterson emphasizes counsel to the cities of Wilder, Canyon Highway District No.4, Golden Gate Highway District No.3, Caldwell School District No. 132, Kuna Rural Fire Protection District, Caldwell Rural Fire Protection District, Wilder Rural Fire Protection District, Cambridge Rural Fire Protection District, Greenleaf Cemetery District, Garden Valley Recreation District, and Wilder Library District ~ MIJ},'ICIPAL Exl>ERrENCE CoUIISel for various cities and districts dating back to the mid 1970's to the present, 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, budget and ad valorem tax issues, local improvement district law, ftanchise implementation, contract law, human rights, education law and fonnation of educational policies, inverse condemnation and emineot domain law and workers' compensation. SPECIAL I!IITBREsT I MEMBERS1:IIPs 0 Successfully obtained judicial confinnation of million+ dollar issuance of certificates of participation for construction of irrigation system for Purple Sage Golf Course. 0 Represented the City of Caldwell in Fair Housing lawsuit. . Represented School District in C1ass Action Race Discrùnination lawsuit. . Member, American Trial Lawyers' Association .-'1 . , ..! ..J . Immediate Past President, Idaho Trial Lawyers' Association . President, Caldwell Foundation for Educational OPPOrtunity, Inc. . President, Greenbelt Civic League of Cà!dwell. Inc. . Member, Foundation for Ada/Canyon Trail Systems RECENT CONTINUING LEGAL EDUCATION . Presenter, Basics of a Tort Claim Involving Subdivisions of the State of Idaho . Presenter, Land Use Law . Mediation & Workers' Compensation '. EDUCATION IBAR AmLIATIONS . B.BA, Boise State University, 1986 . J.D., Gonzaga LawSchooJ, 1989 . LL.M. in Taxation, Univenity of Denver, 1990 . Bar AdiIlission: . Idaho, 1989 . U.S. District Court, 1989 . U.S. Tax Court, 1990 . U.S. Court of Appeals. Ninth Circuit . U.S. Court of Appeals, Tenth Circuit .. CtJRR.ENT PRACTICE TODD A. ROSSMAN PARTNER Practice at White Peterson emphasizes federal, state and local taxation, estate planning, wills, trusts, probate, elder law, complex real property transactions, including 1031 exchanges, and business entity planning. GENERAL INTEREsT I MEMBERSHIPS . Southwest Idaho Estate Planning Council (President, 1995) . Third District Bar Association (President, 2001.2002) "" . _..- ..... .- CHRISTOPHER S. NYE PARTNER EDUCA nON I BAR AFFILIA TlONS . B.A., University of Kansas, 1979 . J.D., University of Kaosas, 1982 . Bar Admission: . Idaho, 1982 . U.S. District Court, District ofIdaho, 1982 CURRENT PRACTICE '.~ Practice at White Peterson emphasizes civil litigation, real property litigation, and faJDily law. MUNICIPAL ExPERIENCE " As Prosecutor for Canyon County, prosecuted criminal...iolations ranging fÌ'Om speeding tickets to first degree murder. As Public Defender for Canyon County, represented indigent criminal defendants on serious felony matters, including drugs, sex crimes, robberies and homicides. For City of Homedale, provided alllegaJ representation including successful representation before the Idaho Supreme Court in the Planning and Zoning case of Brad v v. Citv of Homed ale (I996). Also represented the City of Caldwell in civil and criminal matters including direct supervision of all criminal misdemeanor matters, and the City of N ampa in litigation matters including successful] y defending the City in a slip and fail case in 1997. GENERAL LNTEREST I MEMBERSHIPS -.. . Personally tried in excess of 50 jury trials and between 500-1,000 court trials. . Canyon County DeputyProsecutor,1983-1986 . . CanyonCountyPub¡¡cDefender,1986~¡989 . - -. . ;"': 'ContfactäiiOmëj'för the Statë ofIðaho, Dqit:'ofHeåIth & Welfare . Successfu!ly obtained tbel~est,Verdict ever.~diIÌ the_Third Judicial District, Jacobson Fliediot v. First Interstate Bank (1990), Wm MOnow, lead counsel. . Member, ldah(.Triai Lawyers' Association - . .. Member, Association ofTrial Lawyers of America RECENT CoNTINUING LEGAL EDUCATION . Presenter, Judicial Confirmation . Dept. of Health & Welfare, Annual Contract Attorney Meeting ERIC S. ROSSMAN PARTNER EDUCATION / BAR AFFiLIATIONS . B.BA, Boise State University, 1989 . J.D., University ofIdaho, 1992 . Idaho Law Review . Bar Admission: . Idaho, 1992 . U.S. Court of Appeals, Ninth Circuit . U.S. Court of Appeals, District of Columbia Circuit CtiR.RENT PRACTICE Practice at White Peterson emphasizes complex civil, real estate, insurance and municipal litigation. MUNICIPAL ExPERIENCE Successfully pursued recovery of$400,OOO claim against performance bond of concrete sub-contractor in construction of the Idaho Center; successfully defended lawsuit by landowner agajllst City ofNampa under Federal Rails to Trails Conservancy Act before Federal District Court and Federal Court of Appeals for District of Columbia; and successfully defended City ofNampa before the Idaho District Coon in planning and zoning civil judicial review matters. .', . . GENEw.1NTEREST f M'EMBERsHrPs . SucceSsfully obtained judicial confirmation of $6.5 million dollar issuance of Certificates of Participation for construction and operation of the Nampa Recreation Center .- 'SucëeSSfuny. olitäined judicìål èoiúirma.tion of $3 million dollar issuance of Certificates of Participation for the construction and operation of the Ridgecrest Golf Course o' Successfully obtainCdjndiciai confirmation of$3.5 million dollar and $12 million dollar issuance of revenue aUocation (fax Increment) bonds for various projects for the North . Nampa Urban Renewa1 Agency including the construction and operation of the Idaho Center . 0 Member, Idaho Trial LawyeršASsociàti.oil . . -. Member, Kiwanis Club ofMerldian . . . -'- -------...... . Member, Associatìõñ öfTiiãfLaWýè¡'sof).ïñerica . -::.:.'..:.:~- RECENT CONTINUING LEGAL EDUCATION . Handling Wrongful Ter:mina1ion Claims . Guide to Federal Court Rules and Procedures in Idaho WILLIAM F. NICHOLS PARTNER EDUCATION tBAR Am:uATIONS . BA, Linfield College (magna cum laude), 1977 . J.D., University of Oregon, 1980 . Bar Admission:. . Oregon, 1980 . Idaho, 1986 . U.S. Tax Conn, 1984 CtiRRENT PRACTICE Practice at White Peterson emphasizes the representation of the City of Meridian on all civil matters. In addition, private practice consists of probate, real estate, liens, foreclosures and creditors' rights. Mt1N1CIPAL ExPERIENCE Meridian City Attomey, February 2000 to Present City Attorney and Assistant City Attorney for City ofN}"ssa, Oregon, 1983.1999 City Attomey and Assistant City Attorney for City of Adrian, Oregon, 1982-1999 City Attomey and Assistant City Attorney for City of Jordan Valley, Oregon, 1988-1999 GENERAL INTEREsT I MEMBERsHIPS -, . Member, Third District Bar Association , . Member, Malheur County Bar Association (Vice President, 1998-1999) . Member, Fee Dispute Arbitration Panel, Idaho State Bar Member, Idaho Municipal Attomeys Association . Secretary, Real Property Section, Idaho State Bar ,RECENT CONTINU1NG LEGAL EDUCATION-: . Idaho Land Use: Cwrent Issues in Subdivision Annexation and Zoning Law . Presenter, Land Use Law Update in Idaho, Land Division, 2001 . Scheduled Presenter, Land Use Law Update in Idaho, Land Division, Non Conforming Uses, December 2002 " : JULIE KLEIN FISCHER PARTNER EDUCATION I BAR AFFILIATIONS . BoA, Albertson College ofldaho (magna cum laude), 1989 . J.D., University ofIdaho, 1992 . Idaho Law Review, Symposium Editor . Bar Admission: . Idaho, 1992 . U.S. District Court, District ofIdaho, ]992 "-' C1:JRRENT PRA en CE Practice at White Peterson emphasizes employment law, water law, real estate transactions, and general civil litigation. MUNICIPAL ExPERiENCE Employment practice includes working with vario\!S municipalities regarding public employment issues, policies and procedures. GENERAL L'<I'EREST I MEMBERSHIPS " Conducted In-House training seminar for client entitled, "An Overview of Employment Issues" REcENT CONTINUING LEGAL EDUCATION " .. "-Fundamentals of Water Law in Idaho, Protecting Water Rights, Use and Quality . Hot Issues in Employment Law and Litigation ..--.....,..... D. SAMUEL JOHNSON P ARTIŒR EDUCATION I BAR ArnLIATIONS . B.S., University ofIdaho, 1989 . J.D., University ofIdaho, 1993 . Bar Admission: . Idaho, 1993 . U.S. District Court, District ofIdaho, 1993 ,'/ CURRENT PRAmCE Practice at White Peterson emphasizes general civil litigation encompassing employment law disputes, tort claims, contract/construction law disputes, real property disputes. lien foreclosure matters and ot!ler various civil litigation matters. I am also genenl counsel for the city of Melba, Idaho. MUNICIPAL ExPERIENCE As General Counsel for the City of Melba, advise on all issues and aspects of municipal law, i.e. land use, planning and zoning, public works, dmfting of ordinances and resolutions, and attendance at regular and special City ColII!cil meetings. FOIIIlCT prosecuting attorney for the cities of Wilder and Greenleafand was responsible for prosecuting all misdemeanors and infractions and appearing at other various hearings and proceedings before the Magistrate Division of the Dis1rict Court for Canyon County. GENERAL INrElœST lMEMBERSmPS , .- - ,'. 1daho Trail Lawyers' Association . Kiwanis Club, Meridian RECENT CONT1NtJ!NG LEGAL EDUCATION . Persuading and Communicating with Modem Jurors . UDÌllSured and Underinsured Motorist Law in Idaho KEVIN E. DINIUS PARTi'iER EDUCA nON I BAR AFFiLIA nONS . BA, Boise State University (cum laude). 1996 . J.D., University ofIdaho (summa cum laude), 1999 . Editor-In-Cbie( Idaho Law Review, 1998-1999 . Bar Admission: . Idaho, 1999 . U.S. District Court, DistrictofIdaho, 1999 e' CURRENT PRACTICE Practice at White Peterson focuses on commercial litigation, lender liability, personal injwy, and construction litigation. MUNICIPAl. Exl'ER.œNœ Judicial continnation for the City of Meridian in 2001 for the construction of the new Meridian police station. Cunently represent the City ofNampa, Public Works Department, in co.DDeCtion with all public works projects and associated litigation. GENERAL INTEREsT I MEMB~ . Member, Nampa Babe Ruth Board of Directors . Member, Phi Kappa Phi RECENT CONTINUING LEGAl. EDUCATION . Public Works contracting and litigation . . Construction law, and various aspects of commercial transactions and associated litigation DAVID M. SWARTLEY AsSOCIATE EDUCA 110N I BAR AFFILIA 110NS . B.A, University ofPuget Sound, 1992 . J.D., UniversityofIdalio, 1995 . Bar Admission: . Idaho, 1998 . U.S. Disttict Court, Dbtrict cfIdaho, 1998 ,-,! CURRENT PRACTICE Practice at White Peterson includes civil litigation, with an emphasis on personal injury and medical malpractice matters, and crimina.! matters. MUNICIP At Ð<PERŒNCE Criminal prosecution and Planning and Zoning Commission meetings. RECENT CONTINUING LEGAL EDUCA 11ON . Effective Expert Witness Examination in Idaho . Winning Trial Techniques . Evictions and LandlordlI"enant Law in Idaho """"" ....... ,j .j ,.; ERICA S. PHILLIPS AssOCIATE EDUCA 110N I BAR AFFn.IA TlONS . BA, University ofIdaho, 1993 . J.D., University ofIdaho (summa cum laude), 1999 . Executh-e Editor, Idaho Law Review . President, Women's Law Caucus . Bar Admission: . Idaho, 1999 CURRENT PRACTICE Practice at Wbite Peterson emphasizes civillitigatioJ; with a particular focus on appellate practice. MUNICIPAL ExP1:RJENCE Internship with the Boise City Attorney's office, summerI998. Primary duties involved working with Public Works Department on complete revision of Boise City's sewer ordinance and various Parks & Recreation issues. GENERAL INTEREsT I MEMBERSHIPs . Associate Attorney, responsible for employment based immigration cases, 2000-2001 . Judicial Clerkship for the Honorable Chief Justice Linda Copple Trout, 1999-2000 . Member, American Bar Association . . .. . . - .... ....-... ...'... ......- '.-.'" -.. """"-'" , "'-"".--.----- . . RECENT CoNTINUING LEGAL EDuCATION . Criminal Law Issues for the Civil Practitioner . Criminal Justice Aspects of Immigration Law . Appellate Practice in Idaho: Critical Steps in an Effective Appeal T. GUY HALLAM, JR. , , AsSOCIATE EDUCATION fBAR AFFn.IATIONS . B.A., University ofTennessee, 1993 . J.D., Northwestern School of Law at Lewis & Clark College (cum Jaude), 1998 . Bar Admission: . Oregon, 1999 . Idaho, 2000 . Idaho Federal Courts, 2000 CL"RRENT PRACTICE Practice at White Peterson emphasizes business litigation, including lender liability, co.ntract and employment disputes, and agricultwa1law. Also pœctice in !.be areas of insurance litigation, medical malpractice and environmental disputes. MUNICIPAL ExPERiENCE Property taxation and regulatory enforcement actions for various governmental entities. GENERAL lNIEREST '. Clerk for the Honorable Karen Lansing, Idaho Court of Appeals, J 998-2000 -, - RECENT CONTINUING LEGAL EDUCATION . The Developing Law of Insurance Bad Faith in Idaho . Uninsured and Underinsured Motorist Law in Idaho NICHOLAS L. WOLLEN ASSOCIATE .. EDUCATION IBAR-AFFiLIATIONS . B.A, University ofIdaho, 1997 . J.D., University ofIdaho, 2000 . Bar Admission: . Idaho, 2000 Cv'RRENT PRACTICE Practice at White Peterson emphasizes ci vi] and crimina1 prosecUtion for the City of Meridian. .. MUMCIPAL Exi>ERIENCE Prosecutor, City of Meridian, 2002 Advising Counsel, Meridian City Planning &: Zoning Commission Assistant City Attorney, City of Melba Assistant Prosecutor, City ofHomedaJc RECENT CoN'I'INUING LEGAL EDUCATION . Presentation of the Plaintiff as a Witness . The Developing Law oflDsurance Bad Faith in Idaho Land Use, Planning &: Zoning . Criminal Law &: Procedure ,.., """-' ...",.. - .'-...,.....---......-..,. .. -.. - .. - . Meridian City Council Meeting September 23. 2003 Pg, 4 of44 Q. Streetlight Agreement for Burney Glen No.1: R. Approve Contract for Stenographic Services - MD WilliS, Inc.: S. Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: T. Resolution No. Approving Collective Labor Agreement with Local #2311 International Association of Firefighters: De Weerd: Okay. Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda with Item J being moved to the regular agenda item as five J and for item S, the resolution approving -- understanding the Meridian Firefighters regarding wages, be tabled until October 7th, 2003, and that the Council President sign and the Clerk attest to all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded with changes to items J and S. Mr. Clerk, roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: ALL AYES. Item 4: Department Reports A. Finance Department: 1, Finance Report: De Weerd: Okay. Item number four is Department Reports. We will start with item A with the Finance Department. Stacy. Kilchenmann: Madam President, members of the Council, I don't really have anything in particular to point out with the financial statement this month, except for a couple pleasant items that bond rates are going up and we have purchased some bond rates Meridian City Council Meeting September 23,2003 Pg, 42 of44 Nary: I'd move we approve Resolution No. 03-412, adopting the Rate Structure Changes for the Solid Waste Collection Services for the city. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Resolution No. 03-412. Mr, Clerk, roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 15: Resolution No. : Approving Addendum No.1 to Agreement for City Attorney ! Civil Legal Services: De Weerd: Okay, Item 15, Resolution No. 03-413, Approving Addendum No.1 to Agreement for City Attorney! Civil Legal Services. Mr. Clerk, will you read that by title only? Berg: Thank you, Madam President, members of the Council. Resolution No. 03-413, a resolution of the City Council of the City of Meridian setting forth certain findings and purposes, authorizing the Mayor to enter into, on behalf of said municipality, Amendment No.1 to Agreement, titled Amendment No.1 to Agreement for City Attorney ! Civil Legal Services dated November 18, 2002, by and between the City of Meridian and White, Peterson, Morrow, Gigray, Rossman, Nye and Rossman, PA, for Amendment No.1 to Agreement for City Attorney I Civil Legal Services. De Weerd: Okay. You have heard the reading of Resolution No, 03-413. Is there any discussion? Bird: Madam President, I do have a question. De Weerd: Mr. Bird. Bird: And I think Mr. Nichols can -- basically, what our agreement is, is with the firm of Peterson White, et cetera, et cetera, et cetera, but the agreement, actually, is with the understanding that Mr. Nichols is our attorney. I do not see that in here, but is this -- does this just refer to the existing contract that states that? Nichols: Madam President, members of the Council, this sirnply reflects the parts of the contract that are changed. Bird: Okay. Meridian City Council Meeting September 23, 2003 Pg, 43 of 44 Nichols: And those parts are the amount and the term and what's included within the retainer and what's not included, those two items I talked about earlier. So, that's it. Everything else is the same. Bird: Okay, and I have no problem with that. De Weerd: Thank you. Any further discussion? Okay. I'd entertain a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve Resolution No. 03-413, approving Addendum No.1 Agreement for City Attorney / Civil Legal Services. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve Resolution No. 03-413. Mr. Clerk, roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 16: Executive Session: De Weerd: Okay. We are on to the addition to our agenda, Item 16, Executive Session. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move we go into Executive Session as per Idaho State Code 67-2345 B and F, Nary: Second. De Weerd: Okay. It's been moved and seconded to move into -- or adjourn into Executive Session. Roll call. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea, MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: