Loading...
HomeMy WebLinkAboutAgreement for Reappintment of City Attorney RFP 02-001 Legal Services CivilMessage Page 1 of 1 Will Berg From: Bill Nichols [wfit~whitepeterson.COM] Sent: Tuesday, November 12, 200211:25 To: 'Will Berg ; 'Sharon Smith' Subject: Civic t.egal services contrail Greetings It will be difficult for a revised contrail to be done today. 1 have no problem tabling this to the 13th. iNe feel we have an agreement, just need to work out the fine details. Thanks. 1 iiizrzooa RESOLUTION # BY THE COUNCIL: BIRD, DE WEERD, MCCANDLESS, NARY A RESOLUTION RATIFYING THE MAYOR AND CITY CLERK'S SIGNATURE AND APPROVING THE AGREEMENT FOR THE APPOINTMENT OF THE WILLIAM F. NICHOLS AND THE LAW FIRM OF WHITE, PETERSON, MORROW, AND GIGRAY TO PERFORM CITY ATTORNEY DUTIES FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS the City of Meridian had publicized a Request for Proposals in September of 2002 for City Attorney civil legal services to be performed; and WHEREAS after submittal and presentation to the Meridian City Council, William F. Nichols and the firm of White, Peterson, Morrow, and Gigray was selected to perform that service for fiscal year ending September 30, 2003; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Agreement by and between and the City of Meridian, a copy of said Agreement marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk have signed said agreement to be in conformance with the starting date of the Agreement of November 1, 2002, we ratify said signatures on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Page 1 of 2 ADOPTED by the Council of the City of Meridian, Idaho, this day of 2002. APPROVED by the Mayor of the City of Meridian, this day of 2002. APPROVED: ROBERT D. CORRIE -MAYOR ATTEST: WILLIAM G. BERG, JR. -CITY CLERK Page 2 of 2 Will Ber From: Sharon Smith Sent: Friday, November o8, 2002 9:56 AM To: Bill Nichols (E-mail) Cc: Wilt Berg Subject: RE: Civil Legal Services Agreement Nevermind -- the original agreement was in my box this morning, dropped off this morning per the ladies up front. I will scan it to CQ's and Email it to you here in a few minutes Biil, for review, after I find the exhibits. Thanks. ----a;gina{ Mlessaye~-- Fran: Sharon smith Sent; Friday, November 08, 2002 9:51 AM To: Bil{ Nichols (E-mai{) a: wn Berg Subject: Gvil Legal Services Agreement B{II, Yesterday the Mayor indicated that this agreement was in your box for signature and I need to get it back from you or Will for approval on the November 12th agenda. Have you seen that? Signed it yet? Please let me know. Thanks! S~mn Smuh ~Kerieffan e~ty Clerfs Offue ~!'ft. 888-4433 e.~t 210 Witl Ber From: Sharon Smith Seat: Friday, November 08, 2002 9:51 AM To: Bill Nichols (E-mail) Cc: Wiil Berg Subject: Civil Legal Services Agreement Bill, Yesterday the Mayor indicated that this agreement was in your box for signature and 1 need to get it back from you or Will for approval on the November 12th agenda. Have you seen that? Signed it yet? Please let me know. Thanks! SFiaron SmrzFi 9Keridian City Cler(~,c Offue 2'ft. 888-4433 eXt 210 CITY of MERIDIAN Legal Budget Dept FY2002 Budget BUDGET FY2003 Prosecution 270,900.00 General Fund 390,000.00 139,100.00 P&Z 90,000.00 95,000.00 Water 5,000.00 5,250.00 WWTP 25,000.00 26,250.00 TOTAL 510,000.00 536,500.00 civil $ 265,600.00 RECEIVED SEP 3 0 2002 City of Meridian City Clerk Office ** TX CONFIRMATION REPORT ** AS OF SEP 05 '02 16 30 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 10 09105 16 28 208 383 0311 MODE MINiSEC PGS CMDt# STATUS EC--S 01'57" 007 071 OK MAYOR , -~ ~ ~•' LEGAL DEPARTMENT Rober[ D. Come ~ ~~:.~ 'S ,~ (208) 288.2499 • Fax 288.2501 CITY OF f ~~ PARKS & RECREATION CITY COUNCIL MEMBERS •- ~`~~. r ' (208 868.3579 • Fax 898.5501 Tammy deWccrd ~ry/~ r ~ ~~ (~// { L/F I [~l n PUBLIC WORKS William L. M. Nary IDnIdO /j (206) 698-5500 •Fax 687-1297 Cherie McCandl A ~y BU1LDtNG DEPARTMENT ess C C208) 887.2211 • Fax 887-1297 Keith Bird ~~ PLANNING AND ZONING (20H) 88a-5533 • Fu 668-G854 FACSIMILE COVER SHEET TO FAX NUMBER: 3d~'" ®~l ~ DATE: ~' S~~ ~' DELIVER TO: f ~~i»i/G ~G.ClGPit. TITLE/DEPARTMENT.• ADDRESS: 38.~ -- OdOvQ CONFIDENTIAL YES: NO: TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 6 FROM: CITY OF MERIDIAN -CITY CLERK'S OFFICE FAX # (208) 888-4218 NAME: WILL BERG ~~G(CJ TITLE/DEPARTMENT: CITY CLERK COMMENTS: Y~ ~~F7~l70 ~-f h-c P~k~ QGJ ~ v~~~ ~- l~~a~ d-~ry~2e.! Zyo / ~Zoc Z G~ PLEASE CALL (208) 888-44331E YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. THANK YOU. 33 EAST IDAHO • MERIDIAN, IDAHO 63642 C'203) 888.4433 • Fax (208) 587-4513 City Ctcrk Ofiicc Fax (206) BSS-4218 Human Resources Fax (208) 884-8723 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L M N .~, ~~" ~ ';r 1 ~~~~` CITY OF # - n ' ~~ erl~tcn ~~ tl IDAHO LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500•Fax 887-1297 ary % / BUILDING DEPARTMENT Cherie McCandless ece % (208) 887-2211 • Fax 887-1297 Keith Bird ror R° ^~ v ~` SINCE PLANNING AND ZONING ~eoa (208) 884-5533 • Fax 888-6854 FACSIMILE COVER SHEET TO FAX NUMBER: 383- D3~1 DELIVER TO: ~`G~IG ~~1~- DATE: ~~ 5 ~D TITLE /DEPARTMENT.' ADDRESS: 3~,3 - DD D`~° CONFIDENTIAL YES: NO: TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 6 FROM: CITY OF MERIDIAN -CITY CLERK'S OFFICE FAX # (208) 888-4218 NAME: WILL BERG ~,~,v ~~ TITLE /DEPARTMENT.- CI TY CLERK COMMENTS: ~'~ .c,~~Jo ~~-fl~~r. l~~ CCGI ~"'-ce a,``,~,,~ ~ ley ~-e~v~~ ~.oo ~ l~ ~ z ,~ y PLEASE CALL (208) 888-44331E YOU DO NOT RECEI VE ALL FAX TRANSACTIONS SUCCESSFULLY. THANK YOU. 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (308) 888-4433 • Fax (208) 387-4513 City Clerk Ot'tice Fax (208) 888-4218 Human Resources Fax (208) 884-8723 AGREEMENT FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: City of Meridian White, Peterson, Morrow , Gigray, Rosman, Nye & Rosman, P.A. THIS AGREEMENT made this /,~~~ day of ~~J~O6eh , 2001, by and between the City. of Meridian, a Municipal corporation organized and existing by virtue of the laws of the State of Idaho, hereinafter referred to as "Meridian", and the firm of White, Peterson, Morrow, Gigray, Rossman, Nye S: Rosman, P.A., a professional association, organized and existing by virtue of the laws of the State of Idaho, hereinafter referred to as "White Peterson". 1. DEFINITIONS: 1. "Additional Legal Services" means and refers to legal services for judicial reviews of final actions of the City involving quasi judicial matters, other than planning and zoning matters (but including appeals of District Court decisions in planning and zoning judicial reviews), defense of claims (including construction claims and disputes) or declaratory judgment matters not covered by the City's insurance carrier and special matters involving bonding and/or judicial confirmations and other matters involving legal actions against the City of Meridian not covered by the City's Insurance Carrier and/or matters involving litigation pursued under federal regulation and/or matters involving particular expertise under federal regulations; civil matters in which the City of Meridian is a plaintiff or petitioner; and any other legal services not included in the definition of "Contract Legal Services" below. 2. "Contract Legal Services" means and refers to the provision of legal services to prosecute all criminal misdemeanors, infractions, and criminal code enforcement action involving matters occurring within the corporate limits of or initiated by Meridian or involving the enforcement of City ordinances and/or Idaho State Law; and the provision of legal services which shall include staffing of all regular City Council and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning matters (excluding appeals of AGREEMENT - District Court decisions), and all other related legal work, but this definition does not include circumstances when Meridian is required to provide separate legal counsel in employment matters, or matters under the jurisdiction of the state and or federal government. In addition to the foregoing, "Contract Legal Services" shall mean and refer to prosecution of civil lawsuits and non-judicial action related to civil code enforcement, up to 150 hours per .fiscal year, as directed by the Mayor and Council. 3. "Fiscal Year" means and refers to Meridian's fiscal year, now beginning October 1st and ending September 30th of each calendar year, as provided by State law and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for Meridian. 4. "Meridian" means and refers to the City of Meridian a municipal corporation organized and existing under the laws of the State of Idaho, party to this Agreement. 5. "White Peterson" means and refers to White, Peterson, Morrow, Gigray, Rossman, Nye ~ Rossman, P.A. an Idaho Professional Association organized and existing under the laws of the state of Idaho for the purpose of providing Legal Services. II RECITALS WHEREAS Meridian is to appoint a city attorney as provided in Idaho Code § 50-204; 2. WHEREAS Meridian is in need of legal services to prosecute all criminal misdemeanors and infractions and code enforcement actions involving matters occurring within the corporate limits of or initiated by Meridian involving the enforcement of City ordinances and/or Idaho State Law; and 3. WHEREAS Meridian is in need of legal services which shall include attendance at all regular City Council meetings and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning AGREEMENT - 2 matters, and all other related legal work. 4. WHEREAS Meridian may from time to time need additional legal services for judicial reviews of final actions of the City involving quasi judicial matters, other than planning and zoning matters, declaratory judgment matters not covered by the City's insurance carrier and special matters involving bonding and or judicial confirmations; and 5. WHEREAS White Peterson provides legal services for municipalities and is willing and capable of providing Legal Services and Additional Legal services to the City of Meridian under the terms of this agreement. III TERM: The term of this Agreement shall commence on the date hereinafter set forth and shall be for an initial term commensurate with the fiscal year, subject to renewal and negotiation on scope of work and compensation as hereinafter provided for. IV. SCOPE OF WORD: White Peterson shall perform Contract Legal Services and Additional Legal Services for the City of Meridian in accordance with the provisions of this agreement. APPOINTMENT OF CITY ATTORNEY: For purposes of the legal requirements of I.C. § 50-204, Meridian appoints the Directors and lawyer associates employed by White Peterson as City attorney. 2. COMPENSATION: a. For Contract Legal Services Meridian shall pay White Peterson the sum of Forty Thousand and No/100 Dollars ($40,000.00) per month; and b. For Additional Legal Services Meridian shall pay White Peterson the sum of One Hundred Ten and No/100 Dollars ($110.00) per hour for judicial review matters and for other Additional Legal Services based upon agreement between Meridian and White Peterson as authorized by the Mayor and City Council as a reasonable fee for the type of legal service required. VII COSTS: recording fees, exhibit costs and subpoena and witness fees and travel costs will be billed separately as incurred by White Peterson as AGREEMENT - 3 authorized by Meridian. After October 1, 2001 the Meridian Police Department will begin implementing a digital imaging system for police records, and the City Clerk's office or other departments may begin implementing a digital imaging system for City Council meeting packet information and other items. If it becomes desireable for White Peterson to be able to use the same system, City agrees at its expense to provide the requisite software licenses to use this software. White Peterson will be responsible for any hardware purchases or upgrades necessary to use the software. City will also make training available to White Peterson employees, at no additional cost to White Peterson. VIII RE-NEGOTIATION OR TERMINATION: At the time of the preparation of the budget in accordance with the procedures of Meridian, White Peterson shall submit its proposal for the scope of work and compensation for the following fiscal year. Meridian and White Peterson shall negotiate in good faith the appropriate provisions for the scope of work and compensation in accordance with the budget process. 2. This agreement may be terminated upon mutual agreement of the parties, or Meridian may terminate this agreement with b0 days notice by following the procedure for removal of appointive officer set forth in I.C. § SO-206 or White Peterson may terminate this agreement with 90 days notice. IX GENERAL PROVISIONS: Alterations: No change, alteration, modification, or addition to this agreement shall be effective unless in writing and properly executed by the parties hereto. 2. Governing Law. This Agreement shall in all respects be subject to, and governed by, the laws of the State of Idaho. 3. Notices: All notices required to be given to each of the parties hereto under the terms of this Agreements shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the following address: AGREEMENT - 4 City of Meridian 33 E. Idaho Meridian ID 83642 White, Peterson, Morrow, Gigray, Rossman, Nye ~ Rossman, P.A. 200 E. Carlton Ave Meridian ID 83642 4. Headings. The Article and Section headings in this Agreement are inserted for convenience only and are not part of the Agreement. S. Severability: In the event any section, paragraph, or portion of this agreement shall be or be deemed to be by any court having lawful jurisdiction of the subject matter of this agreement void, voidable, or invalid for any reason, this agreement shall be otherwise valid and enforceable as if said void, voidable, or invalid section, paragraph or portion of this agreement had not been a part hereof in the first instance. 6. Counterparts: This agreement shall be executed by the parties in two (2) counterparts, and each such counterpart shall be deemed an "original". AGREEMENT - S IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY OF MERIDIAN Y~ .~ ~T D. CORRIE, MAYOR ;.. . ~': G F~ 4 r~` ":.~ `. ~.~ ~ M ~- ~ ~~ '9C~~ ~ r ~ :.~ `,:. '~~E~~~SON, MORROW, GIGRAY, ROSSI~iI1~1~,~NYE & ROSSMAN, P.A. ~~~ d~ C.~y ~dN~ ATTEST: BY: `IA i illiam G. Berg, Jr., Ci 0 \WPA IVTS40 PDCISERVER Z\Work\M\Meridian\Meridian I5360M\Meridian Presentation\2001-02RetainerAgmt40Kdoc AGREEMENT - 6 Valley Times PO Box 1790 .Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION RFP NO. 02- 1 Account: City of Meridian Identification: pity of~ 1Vleric~i~xi Qrity ~lert~ f?fficc Address: 33 E. Idaho Ave. Run Dates: August 27 ~ September 3, 2002 Meridian, Idaho 83642 Number Lines 54 1-col Attention: Will Berg Other: CITY OF MERIAIAN Augusi 16, 2002 RFP NO. 02-001 The City of Meridian is requesting proposals for City Attorney /Civil Legal 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 com- ply with this RFP may be obtained from: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will he ad- - (Continued in next column) City of Meritfian RFP NO.02-001(cont~) dressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consult- ant. Submit ]0 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is re- ceived must be specifically marked: RFP No. 02-001; City Attorney/Civil Legal Services for the City of Me- ridian And delivered to: i4'il! Tier Meridian City Clerk 33 E. Idaho Meridian, ID 83642 by 4:00 p.m. on the l6th day of Sep- tember, 2002. No exceptions. All pro- posals must be signed. THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGULARITIES IN THE PROPOS- ALS RECEIVED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST IN- TEREST OF THE CITY. THE CITY VdILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN ME- RIDIAN CITI' CODE. v~~n~;,n sn_F n yr_ ~~'~~ia~~~~~i ~~i 1 •~!O ~. ' ~ V G ,,~, • .1 • ~-- ~ i L. i `y ` c i O ~ ~ ,~w Amount:~~ 3'I• ~ D G ~ 7J Geneva A. Trent, being duly sworn, deposes and says: That she is the Principal Clerk of Valley Times, a weekly newspaper published at Eagle, Ada County, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, Star, and Eagle, and has been uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first publication of this notice, a copy of which is attached hereto, and that the notice was published in Valley Times, in conformity with Section 60-108, Idaho Code, as amended, for ~~ time(s) in the regular and entire issue of said paper, and was printed in the newspaper proper, and not in a supplement; and that said notice was published on the following dates: Beginning: Q~ a 7-~O ~--- Endin ~} , J ,- ~-r,~~_ i STATE OF IDAHO ) )SS COUNTY OF ADA ) j On this ~ day of "~ in the year of 2002 before me, a Notary Publ' ,personally appeared Geneva A. Trent known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, declared that the statements herein are true, and acknowledged to me that she executed the same. Notary Publ~ for `daho Residing at: Boise, Idaho My Commission expires: 01/06/05 The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION Account # jZjge Identification Am9l1IIL' 062763 722745 RFP NO. 02-001 $74.75 Attentions P-O # Run Dates 1MLL BERG AUGUST 24, 2002 CITY OF MERIDIAN Numher of Lines 33 EAST IDAHO ST. 2 X 41 ff d L l # MERIDIAN, ID 83642 i avit A eaa 1 14311 ., r_ _ LEGAL fYOTN:E CgR~Y~OF 1 RFP N0.02-001 The C'~y of Meridian is requestmS proposals for Cily Attorney / ChN, Legal SeMces. Ouakfied sums are invited to subrmt a proposal n the format out5ned n me Request fa Proposals. A complete package of requirements necessary td compy with tfvs RFP may be 'obtained from: ~` , :'` WTI Berg ti '~`~.~ Meridian Cihr Clerk ~ , : > ~ r 33 E. Idaho ~ ~ , `>> ,~ ~ .:, Meridian, ~ 83642 . . Arty-proposal may be~wrlhdrawri poor to the above scheduled time for 1he~operung of the proposals. .., . " Clarifications to the Reqquuest for Pr wpl be~considered only if thejr'are submitted in writing and received by Merid'wn City ~lerk,at least five working days poor to the Proposal opening. All clarfications to the requirements wiq be addressed es a written addendum to the proposal. No,verbal clarifications w~ be Aindng an the City or the consrdtant. • ; , ; :i Submit 10 cops of tare proposal witlt the ppr ct title Cleary i~cated: =The einrelo{se in :I which the proposal is received must be ifical~y marked: - RFP No. 02-001: Clq- Attorney/C1vu regal Services for tlw Cigr of Me-ldfan And delivered to: .~~. _ Meridian C Clerk 33 E. Ida~ta Merman, ID 83642 '`` by 4:00 p.m. on the 16th day of Septerrrber, 2002. '"No exceptions, AA proposals must be signed. _ = ; ' ,;, ~ . u. ` THE CfTY OF MERIDVW RESERVES THE RIGHT TO REJECT ANY'AND ALL PROPQSAL'S~P,T,^O WANE AND IRREGULARITIES N THE PROPOSALS RECEIVED Afd) TO ACCEPT, THE fKIY. POSAL DEEMED;MOST ADVMITAGEOUS 70 THE BEST Y!ITEifEST OF THE CiIY THE'-CITY WILL- ALSO-CONSIDER-WHETHER THE ;PROPOSER IS A RESPONSIBLE PROPOSER, AS DESCRIED IN MERIDUW CITY CODE. ' ~;~z+x'; Pub. Au8.,24, _2002 .. ' . _ . __. ' _ ~, _ _. __ ' .~$11~ JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman,' a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: ONE 0 consecutive weekly ~X single consecutive daily ~ odd skip insertion(s) beginning issue of: AUGUST 2 4 , 2002 ending issue of: AUGUST 2 4 , 2002 STATE OF IDAHO ~'° .SS COUNTY OF ADA ) On this 2 6 day of AUGUST in the year of 2002 ,~~s~..~~•..,,~~~ before me, a Notary Public, personally appeared before me ~~.•`~ ~IEMps,'•.,~ Janice Hildreth known or identified to me to be the person ~.`~~~5'i••.••'•"••. ~?~,'•~ whose name subscribed to the within instrument, and being ~ ~• ~OTq~, ~ ~~,~ by me first duly sworn, declared that the statements therein ~' :ere true, and acknowledged to me that she executed the same. .*~ ~+ r • G • • T! try : pUB L1 •• '.,~ y ~•..••••••.•' ~O `~` Notary Public for aho ~'~.1'~ O F I~ P~,°' Residing at: .t3o~~5~ ,Idaho ''~•,,,,,,,.•~'°" My Commission expires: 0.~~2/~0 8 The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION Account # ~jJg Jdentification Amount. 064514 64041E DISPLAY-CITY PROSECUTOR-CIVIL SERVICES $73.00 Attention' 1MLL BERG P O # Run Dates SEPTEMBER 1, 2002 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 2 X 42 MERIDIAN, ID 83642 Affidavit Le°a~ # 1 14313 lEG/LL NOTICE Ct1Y OF MERIDIAN August 16, 2002 RR N0.02-0O1 The Ciy of Meridian is requesfing proposals For Cry AMorn•y/Crvi Legal Servios. QuoliFied firms are invited b submit a proposal in Format oudinsd in the Request For Proposals. A aompbb package of requirements necessary b ~nply with This RFP may be obtained from: Will Berg Meridian Ciy Cleric 33 E. Idaho Meridian, ID 83642 Arty Proposal may be withdrawn prior b the above scheduled time For the opening of the propowls. Cal rifications b the Request For Proposals will be conscderod only if tFisy aro wbmiMed in writing and received by Mmidion Ciy Clerk at base five working days prior b the pro- posal opening. All ckariRcat'wns b the requiremenh will be addressed as a written adden- dum to the proposal. No verbal dorifications will be binding on the Cry or the oonwhant. Submit 10 copies of~aroaosol with the proied t ~ rly indicated. The envelope in which the proposal is iv~edJ must be spxiFF'~Kaallllyy RFP No. 02-001; Cry Altomsy/Crvi legd Sarvras fw 1he Cry of Meridian. And deliverod a: Will Berg Maridiar Gty Cork 33 E. Idaho Meridian, ID 83642 by 4:00 pm. on drs 16th day of Septambs-, 2002. No exceptions. Atl proposals must be signed. THE CffY OF MERIDL4N RESERVES THE RIGHT TO REJECT ANY AND All PROPOSALS, TO WANE AND IRREGULARITIES IN THE PROPOSALS RECENED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CITY. THE CfTY Wlll ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE. JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: ONE consecutive .weekly ~X single consecutive daily ~ odd skip insertion(s) beginning issue of: SEPTEMBER 1 2002 ending issue of: SEPTEMBER 1 2002 J STATE OF IDAHO ) .SS COUNTY OF ADA ) On this 5 day of SEPTEMBER in the year of 2002 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. 'evsssrrrrp~ex .•'~~URPI~y `` 6 ~~ 4 •~' •• om ~ ~ ~ BAR l' * e ,' s O • • .S. ~ • ~ ~• G : e i ` • O a ~ • •~~ •••••••••• ,ems •is••~' ~A•TE sO~ee ~'~ Notary Public for Idaho , Residing at: ~~rv~. ,Idaho My Commission expires: ~ MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Kei[h Bird l r i1~ ~• - . CITY OF ~~~~`~~~ e,- {~ ~.. ~i~ ert~lcn -~-~~ IC IDAHO LEGAL DEPARTMENT (208) 288-2499 •Fax 288-2501 PARKS & RECREATION (208 888-3579 •Fax 898-5501 PUBLIC WORKS (208) 898-5500 •Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING (208) 884-5533 •Fax 888-6854 September 11, 2002 Katherine Takasugi Sasser & Inglis, P.C. P.O. Box 16488 Boise, Idaho 83715 VIA FACSIMILE: (208) 344-8479 RE: Public Records Request dated September 10, 2002 Dear Kathy, In response to your records request, following you will find a copy of last year's contract with White Peterson. There was not an actual request for bids last year. Please feel free to call my office if you have any questions or if I can be of further assistance. Sincerely, ~~-~~i~~ Sharon Smith Deputy City Clerk Enclosure -Agreement, 6 pages 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 •Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 288-1193 AGREEMENT FOR THE REAPPOINTMENT OF CITY ATTORI~IEY, THE PROVISION OF LEGAL SERVICES Ai~1D FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: Citv of vleridian White, Peterson, Morrow , Gigray, Rossman, Nye &. Rosman, P.A. THIS AGREEMENT made this 1~~~ day of 0~7~6eh , 2001, by and between. the City of Meridian, a Municipal corporation organized and e.~asting by virtue of the 1a~vs of the State of Idaho, hereinafter referred to as "Meridian", and the firm of tiVhite, Peterson, Morrow, Gigrav, Rossman, Nye ~ Rossman, P.A., a professional association, organized and e.~cisting by virtue of the laws of the State of Idaho, hereinafter referred to as "tiVhite Peterson". I. DEFINITIONS: 1. "Additional Legal Services" means and refers to legal services for judicial reviews of final actions of the City involving quasi judicial matters,-' ocher than planning and zoning matters (but including appeals of District Court decisions in planning and zoning judicial reviews), defense of claims (including construction claims and disputes) or declaratory judgment matters not covered by the City's insurance carrier and special matters involving bonding and/or judicial confirmations and other matters involving legal actions against the City of Meridian not covered by the City's Insurance Carrier and/or matters involving litigation pursued under federal regulation and/or matters involving particular expertise under federal regulations; civil matters in which the City of Meridian is a plaintiff or petitioner; and any other legal services not included in the definition of "Contract Legal Services" below. 2. "Contract Legal Services" means and refers to the provision of legal services to prosecute all criminal misdemeanors, infractions, and criminal code enforcement action involving matters occurring within the corporate limits of or initiated by Meridian or involving the enforcement of City ordinances and/or Idaho State Law; and the provision of legal services which shall include staffing of all regular City Council and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning matters (e.YCluding appeals of AGREEMENT - 1 District Court decisions), and all ocher related legal ~vorlc, but this deFinition does not include circumstances when iVleridian is required co provide separate legal counsel in employment matters, or matters under the jurisdiction of the state and or federal government. In addition to the foregoing, "Contract Legal Services" shall mean and refer to prosecution of ci~Zl lawsuits and non-judicial action related to civil code enforcement, up to I~0 hours per fiscal near, as directed by the i/Iavor and Council. ~ ' 3. "Fiscal Year" means and refers to Meridian's fiscal year, now beginning October 1st and ending September 30th or each calendar year, as provided by State iaw and this deFinition shall be considered automatically amended in the event of an amendment of the provisions of Idaho la~v relative to the establishment of the fiscal year for Meridian. 4. "Meridian" means and refers to the City of ivleridian a municipal corporation organized and e.~cisting under the laws of the State of Idaho, parry to this Agreement. ~. "White Peterson" means and refers to White, Peterson, Morrow, Gigray, Rossman, Nye ~ Rosman, P.A. an Idaho Professional Association organized and existing under the laws of the state of Idaho For the purpose of providing Legal Services. II RECITALS WHEREAS Meridian is to appoint a city attorney as provided in Idaho Code § SO-204; 2. WHEREAS Meridian is in need of legal services to prosecute all criminal misdemeanors and infractions and code enforcement actions involving matters occurring within the corporate limits of or initiated by Meridian involving the enforcement of City ordinances and/or Idaho State Law; and 3. WHEREAS Meridian is in need of legal services which shall include attendance at all regular City Council meetings and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning AGREEMENT - 2 matters, and all other related Iegal work. 4. WHEREAS Meridian may from time to time need additional legal services for judicial reviews of final actions of the City involving quasi judicial matters, other than planning and zoning matters, decIaratorv judgment matters not covered by the Citv's insurance carrier and special matters invol~zng bonding and or judicial confirmations; and 5. WHEREAS White Peterson provides legal services for municipalities and is willing and capable of providing Leal Services and Additional Legal services to the City of Meridian under the terms of this agreement. III TER11~1: The term of this Agreement shall commence on the date hereinafter set fonh and shall be for an initial term commensurate with the fiscal year, subject to renewal and negotiation on scope of work and compensation as hereinafter provided for. IV. SCOPE OF WORD: White Peterson shall perform Contract Legal Services and Additional Legal Services for the City of Meridian in accordance with the provisions of this agreement. 1. APPOINTMENT OF CITY ATTOIZi~1EY: For purposes of the legal requirements of I.C. § SO-204, Meridian appoints the Directors and lawyer associates employed by White Peterson as City attorney. 2. COMPENSATION: a. For Contract Legal Services Meridian shall pay White Peterson the sum of Forty Thousand and No/I00 Dollars ($40,000.00) per month; and b. For Additional Legal Services Meridian shall pay White Peterson the sum of One Hundred Ten and No/100 Dollars ($ 110.00) per hour for judicial review matters and for other Additional Legal Services based upon agreement between Meridian and White Peterson as authorized by the Mayor and City Council as a reasonable fee for the type of legal service required. VII COSTS: recording fees, exhibit costs and subpoena and witness fees and travel costs will be billed separately as incurred by White Peterson as AGREEMENT - 3 authorized by ivteridian. After October 1, 2001 the Meridian Police Department will begin implementing a digital imaging system for police records, and the City Clerk's office or other departments may begin implementing a digital imaging system for City Council meeting packet inforntation and other items. If it becomes desireable for White Peterson to be able to use the same system, City agrees at its e.~cpense to provide the requisite software licenses to use this software. tiVhite Peterson will be responsible for anv hardware purchases or upgrades necessary to use the software. City will also make training available to tiVhite Peterson employees, at no additional cost to White Peterson. VIII RE-NEGOTIATION OR TERIVtINATION: 1. At the time of the preparation of the budget in accordance with the procedures of iuleridian, tiVhite Peterson shall submit its proposal for the scope of work and compensation for the following fiscal year. Meridian and White Peterson shall negotiate in good faith the appropriate provisions for the scope of tivork and compensation in' accordance with the budget process. 2. This agreement may be terminated upon mutual agreement of the parties, or Meridian may terminate this agreement with 60 days notice by following the procedure for removal of appointive officer set forth in I.C. § SO-206 or White Peterson may terminate this agreement with 90 days notice. IX GENERAL PROVISIONS: 1. Alterations: No change, alteration, modification, or addition to this agreement shall be effective unless in writing and properly e.~cecuted by the parties hereto. 2. Governing Law. This Agreement shall in all respects be subject to, and governed by, the laws of the State of Idaho. 3. Notices: All notices required to be given to each of the parties hereto under the terms of this Agreements shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the following address: AGREEMENT - 4 City of Meridian 33 E. Idaho Meridian ID 83642 White, Peterson, ivlorro~v, Gigray, Rossman, Nve & Rosman, P.A. 200 E. Carlton Ave Meridian ID 83642 4. Headings. The Article and Section headings in this Agreement are inserted for convenience only and are not pan of the Agreement. S. Severability: In the event any section, paragraph, or portion of this agreement shall be or be deemed to be by any court having lawful jurisdiction of the subject matter of this agreement void, voidable, or invalid for any reason, this agreement shall be otherwise-valid and enforceable as if said void, voidable, or invalid section, paragraph or portion of this agreement had not been a part hereof in the first 3 instance. 6. Counterparts: This agreement shall be e,~cecuted by the parties in two (2) counterparts, and each such counterpart shall be deemed an "original". AGREEMENT - 5 IN WITNESS WHEREOF, the parties have e.~cecuted this agreement the day and vear first above written. CITY OF MERIDIAI~1 By: ~~ /~'~j v`c'lL ~vJ Ci~ ~d Nnc~,li /D -l ATTEST: BY: ,~~~ ;,. ~~T, D. MAYOR ~'~L ,~~ZSON, MORROW, GIGRAY, ROSSl~%I~,1~1', NYE & ROSSMAN, P.A. ~~= ~O .... ~° ~ ;. ,~ ~, ,`,:: ,. ; By \\NPA M'S40 PDC~SERVER Z\Work~M\bleridian\Meridian 15360M\Meridian Presencation\2001-02RetainerAgmt40Kdoc AGREEMENT - 6 SEP-10-2002 TUE 09 41 AM SASSER & INGLIS, PC FRX N0. 2083448479 P. 01 SASSEn ~ rNGLYS, P.C. Att.irncya nt l.+w KATIIL•RINE TATCA5UGI 3100 S. VIST~- AVHNUI=, SU1TE 200 Telephonm 1208) 344-8474 ];;trail: Ixt~aaoecria~lio.com 1?O. T30X 16488 Facsimi~c (208) 344-d479 BOISC, iAAEIO 83715 NUMBLCR nl+ PAGES IIEING '1'RANSMITTTI) = 1 IF ALL I'AGI:S ARE NOT Rf:CI~,IVFD, PLEASE TIC(,EPHONE CAROL. @ (208) 344-8474 TIME SENT: ABM. • SN:NT BY: ch FAX N U M BE R: 888.4218 X~11(`1 Seplembcr 10, 2002 RL'f V ~j I1~ SEP 10 2002 City Of Meridian City Clerk Office .. Mr. Will Berg Meridian City Clerk 33 East Idaho Meridian, Cdaho 83642 Re: Dear Mr. l~erg: Piyblic Record Request May 1 please get a copy of the successful bid for the City Civil/Criminal Legal Services for last year (2001)? 1 am making the request under LC. § 9-33$. My frm will pay a reasonable fee far a copy of such bid, If you require payment in advance, please call Iny secretary, Carol Elcppler, with the amount and a check will be forwarded. Thank you for your allention to this mailer. Sincerely, Ka y alcasug :kt Llr Licrg public rewrJ n:cpiext,l.t.wtxf SEP 10 '02 09 50 20834484?9 PAGE.01 ** TX CONFIRMATION REPORT ** AS OF SEP 11 '02 09 59 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 04 09/11 09 54 3448479 MODE MIN/SEC PGS CMD#S STRTUS G3--S 04'09" 007 130 OK ~. MAYOR -ry!y.'; ~ LL:GAL!]EPARTMFNT Rabat D. Crnrie . _,~ ~ (205) 2SS-2499 • rax z88-zsul elrv ar- . ~ PARKS do RP_(;R6ATION ~ ._ ~, (208 888-3579 • Fax 848-5501 CITY COUNCILMEINBERS s y~ ~ ~ 'fammy dGWccrd V/ [ l~ ~ L V r PULiULW()RKS (208) 896.5500 •I'ax JS7-1297 Willism L N M lDnl to l . ary . A ~ % ~ BLtILpIN(i DP.PARTMbNT Cherlt McCandless (208) 887-zzl I • Fax raj-1297 Kci(l~ kSil'd ~ • ~ 91 PLANNING aND ZONING a (208) 88a-5533 • Fax 888•G8j4 September 11, 2002 Katherine Takasugi Sasser 8 Inglis, P.C. P.O. Box 16488 Boise, Idaho 83715 V!A FACSIMILE: (208) 344-8479 RE: Public Records Request dated September 10, 2002 Dear Kathy, In response to your records request, following you will find a copy of last year's corrtract with White Peterson. There was not an actual request for bids last year. Please feel free to call my office if you have any questions or if I can be of further assistance. Sincerely, ~~~~~~ Sharon Smith Deputy City Clerk Enclosure -Agreement, 6 pages 33 EAST IDAEI.O • MERIDIAN, IDAHO 83642 (208) 888-4x33 -Fax (208) 887-4313 City Clerk Office Pax (208) 388-4218 human Resources P:+z (208) 283-1193 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless CITY OF If'~'~ ~Y1G~1~yI ~l IDAHO LEGAL DEPARTMENT (208) 288-2499 •Fax 288-2501 PARKS & RECREATION (208 888-3579 •Fax 898-5501 PUBLIC WORKS (208) 898-5500 •Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 Ke1thBlyd ~«~~R~~v"'~ ~sn+te PLANNING AND ZONING `1903 (208) 884-5533 •Fax 888-6854 August 22, 2002 Re: 2002 Request for Proposals for City Civil /Criminal Legal Services RFP 02-001 /RFP 02-002 Dear Interested Party Enclosed you will find the City of Meridian Request for Proposals (RFP) as recently advertised. Interested parties are welcomed to submit complete proposals to this office as outlined in the requirements set forth in the RFP. Sincerely ~~ William G. Berg, Jr. City Clerk Enclosure(s) .~. ~,,,. . a' ~ '; -~` ~'„ ;f ~~•{~ 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 •Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 288-1193 Page 1 of 1 Will Berg From: Tammy de Weerd Sent: Monday, August 12, 2002 11:59 AM To: Vlfill Berg Subject: Fw: Draft RFP's for tomorrow - Original Message - From: William Nary Sent: Monday, August 12, 2002 10:14 AM To: corrieb@meridianaiy.org; birdronaldkeith@msn.com; cgmccandless~msn.com; ronaldkeithbird(~msn.com; TdeWeerd@msn.com Subject: Draft RFP's for tomorrow I am still working on this, but I wanted you all to have to review. Let me know your thoughts. They should be identical, but for the scope of work. Get more from the Web. FREE MSN Explorer download : http://explorer.msn.com 8/12/2002 CITY OF MERIDIAN RFP NO. August 13, 2002 The City of Meridian is requesting proposals for City Attorney/Civil Legal 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 RFP may be obtained from: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. Submit 5 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP City Attorney/Civil Legal Services for the City of Meridian. And delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 By 4:00 p.m. on the day of ALL PROPOSALS MUST BE SIGNED. 2002. No exceptions. THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGULARITIES IN THE PROPOSALS RECEIVED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CITY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE SECTION REQUEST FOR PROPOSALS LEGAL SERVICES GENERAL The City of Meridian is requesting proposals for City Attorney/Civil Legal Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Submit 5 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP City Attorney/Civil Legal Services for the City of Meridian. And delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. The successful firm will be required to provide evidence of Professional Liability Insurance (Errors and Omissions), Worker's Compensation Insurance for all employees, and General Liability insurance in an amount to be determined. Protest of RFP Requirements, Standards, Specifications, or Process: Any Vendor who wishes to protest the requirements, standards, specification or process outlined in this Request for Proposals may submit a written notification to the City of Meridian-Meridian Police Department, to be received no later than five working days prior to the proposal opening. The notification shall state the exact nature of the protest, describing the location of protested portion or clause in the RFP document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The City may deny the protest, require that the RFP be modified, modify the RFP, and/or reject all or part of the protest. Protest of Contractor Selection or Contract Award: Any actual or prospective proposer who is aggrieved in connection with the selection of a contractor or award of the contract may submit a protest to the City of Meridian. The protest shall be submitted within four (4) working days after such aggrieved person knows or should have known the facts which give rise to the protest. The protest must set forth in specific terms the alleged reason the Vendor selection or contract award is erroneous. Award of Contract: It is anticipated that the City will contract with one person or a firms as needed for fiscal year 2002-03 with the possibility of continuing one (1) year extension(s). We appreciate your interest in this project and realize that the development of a proposal is a costly and time consuming effort. Please be assured your proposal will be thoroughly reviewed and evaluated. It is anticipated that the contract will be awarded effective October 1, 2002. RFP CITY ATTORNEY/CIVIL LEGAL SERVICES PROPOSAL SUBMITTAL REQUIREMENTS SCOPE OF WORK: The City of Meridian is soliciting proposals from law firms to provide Legal Services as the City Attorney and Assistant City attorneys. The specific proposal submittal requirements are defined beginning of this RFP. The anticipated services will relate primarily to: General legal municipal law including but not limited to the following areas of expertise: - Administrative Law - Annexation Law - Condemnation/eminent domain - Construction litigation - Collections and bad checks - EEOC; Human Rights Commission; Employment Law - Employer and Income Tax Law; Wages and benefits - Employment Law - Environmental Law (including NPDES Permitting, Clean Water Act, Clean Air Act, Hazardous Waste, TMDL, and Effluent trading - Evictions - Foreclosures - Franchising/Telecommunications - General Litigation - Planning and Zoning Law - Public meeting requirements - Public Records law - Public Works Contracts - Property Acquisition - Real Estate Law - State or Federal Civil Rights Defense - State or Federal Civil Defense - State or Federal Criminal Defense - Unemployment Claims - Water Law - Workers Compensation I) SUBMITTAL PROCEDURE A) Date & Location Written proposal submittals are due on the day of at 4:00 p.m. local time at the office of the city Clerk. The envelope in which the proposal is received must be specifically marked: RFP Legal Services for City Attorney/Civil Legal Services. And delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 g) Please submit Five (5) copies of the proposal in a sealed package and identified as follows: "SEALED PROPOSAL" "RFP 01-112; City Attorney/Civil Legal Services" II) PROPOSAL FORMAT Written proposals must be clear, concise and formatted as outlined below to allow for consistent and fair evaluation of each submittal. SECTION I Cover Letter/Signature Page - The cover letter should contain an introduction of you/your firm, a summary of its capabilities to perform the services requested, and a summary of your firm's experience in this type of work. It also is suggested that you outline your interest in this project(s) and ability to respond and perform. The cover letter should be signed by a principal of the firm. The signature page shall be completed and returned with your proposal. SECTION II Available Staff and Equipment - This section outlines the experience and expertise your key individuals have relating to the type of projects anticipated. Please designate the individuals that will be assigned, or anticipated to be assigned, to perform the various tasks and duties outlined. A summary of the number of staff people available to support these key individuals also should be provided. Also, a summary of equipment capabilities such as word processing, FAX machines, and ability to communicate with the City via E-Mail. SECTION III Ability to Provide Responsive Services - The services anticipated by this proposal will, for the most part, be requested on short notice with tight time frames. Please outline your firm's approach and commitment for providing the necessary services in a timely fashion. SECTION IV Cost for Services - Please provide a description of the proposed billing methodology which may be a listing of the personnel (type) to be utilized and the billable rate for each category of staff, a blended rate, retainer, or some other method. SECTION V Description of Prior Experience - Each proposer is requested, without disclosing client sensitive information, to submit a description of prior work done in the area of law for which the proposal is submitted including a description of the preferred method of relating to an institutional client, type and manner of case referral, preferred method of development of case strategy, and historical client cost information. SECTION VI Description of Service to the City - Each proposer is requested to describe its methods of determining that matters handled will be timely, professional, and in accordance with City personnel's expectations, that unnecessary activities will be avoided, that ingenuity and resourcefulness by assigned staff encouraged, and how representing parties with interests adverse to the City avoid will be avoided during the contract term. SECTION VII Other (Optional} - This section is provided to allow for any other information, including alternate retainer agreement language you believe is important to be noted as a part of the selection process. APPENDIX (OPTIONAL) A) Resumes B) Brochures C) Letters of Recommendation D) Other II EVALUATION PROCESS City staff will review and evaluate the responses received against the evaluation criteria listed below. Based on the evaluation of the written proposal by staff, the Contract will be awarded by the City Council. The City Council has final approval and award authority regardless of staff recommendations. A. Evaluation Criteria: The evaluation will be based on the responses received. The City reserves the right to reject any and all responses received if it determines that action to be in its best interest. The following criteria will be considered in evaluating the responses received: 1. Qualifications and Experience of the Firm: This will be evaluated based on the breadth and depth of the firm's recent and relevant experience in the provision of comparable legal services. 2. Qualifications and Experience of the Individuals Who Will Perform the Work: This will be based on the resumes and recent relevant experience of the attorneys who will be working with the City, especially those senior attorneys responsible for directing the services and advice provided to the City. 3. Demonstrated Understanding of the City's Needs: This will give credit to demonstrated insight; suggested approaches, priorities, or areas of emphasis; and innovative, constructive thinking. 4. Cost: The City is keenly interested in overall cost control and will evaluate carefully the proposed cost proposals provided in response to section IV. Will Berg From: William Nary [wnary~cityotboise.org] Sent: Wednesday, August 14, 2002 9:54 PM To: cgmccandless~iemail.msn.com; bergw~imeridiancity.org; corrieb@meridiancity.org; birdronaldkeith~msn.com; ronaldkeithbird~msn.com; TdeWeerdt~msn.com Subject: Re: "Final RFP's" I also received a contact from Joe Filicetti of Filicetti Law office. »> "Glenn and Cherie McCandless" <cgmccandless@email.msn.com> 08/14/02 17:44 PM »> I have also received calls from Borton and would suggest that copies be sent to them. Cherie ----- Original Message ----- From: "William Nary" <Wnary@cityofboise.org> To: <bergw@meridiancity.org>; <corrieb@meridiancity.org>; <corrieb@meridiancity.org>; <birdronaldkeith@msn.com>; <cgmccandless@msn.com>; <ronaldkeithbird@msn.com>; < > Sent: Wednesday, August 14, 2002 4:25 PM Subject: "Final RFP's" I would suggest the Statesman, the Valley, Times and the Press-Tribune for publication. I would assume we would send White, Peterson, a direct mailing. I have received calls from Bieter, Walker, and Werth, and Foley, Freeman, Borton, et.al. for a copy of the proposal. Would we direct mail to all inquiries or should I call them back? Has anyone else received an inquiry that we should send a direct mailing to as well. I would suggest that we send a direct mailing to Ada County, Boise City, and Garden City for the criminal piece too. Our next step would be to establish a panel for review. I have some idea how to accomplish that. Have I missed anything? Message Page 1 of 1 Will Berg From: Will Berg Sent: Tuesday, August 20, 2002 4:26 PM To: 'Bill Nichols' Cc: trw~whitepeterson.com' Subject: RE: Legal Services RFP Here are the documents you have requested. Thanks for all your help. I appreciate it very much.... Will -----Original Message----- From: Bill Nichols [mailto:wfn@whitepeterson.COM] Sent: Friday, August 16, 2002 11:47 AM To: Will Berg )r. (bergw@meridiancity.org) Subject: Legal Services RFP 1 will be gone next week. Please email the RFP when available to Terry at trw@whitepeterson com. Thanks 8/20/2002 Message Will Berg From: Bill Nichols Sent: Friday, August 16, 2002 11:47 AM To: Will Berg Jr. Subject: Legal Services RFP UYII Page 1 of 1 will be gone next week. Please email the RFP when available to Terry at trw a~whitepeterson.com. Thanks 8/20/2002 Will Ber From: William Nary [Wnary cLDcityofboise.org] Sent: Thursday, August 15, 2002 11:23 AM To: corrieb~meridiancity.org; birdronaldkeith~msn.com; cgmccandless@msn.com; ronaldkeithbird cLDmsn.com; TdeWeerd cLDmsn.com Cc: bergw~meridiancity.org Subject: RE: "Final RFP's" I will prepare a resolution to terminate the agreement for our next agenda with an effective date of October 31st for termination. I have "cc'd" this to Will to add to the agenda for next week. Thanks for the info. Bill »> "Bob Corrie" <corrieb@ci.meridian.id.us> 08/15 9:52 AM »> Bill: I just finished a meeting with Bill Nickles and they want the 60 day notice clause to be used for them. So, would it be better to have a November 1, 2002 date rather than later date in October for a start date if a change is needed? Mayor -----Original Message----- From: William Nary [mailto:Wnary@cityofboise.org] Sent: Wednesday, August 14, 2002 4:25 PM To: bergw@meridiancity.org; corrieb@meridiancity.org; worleym@meridiancity.org; birdronaldkeith@msn.com; cgmccandless@msn.com; ronaldkeithbird@msn.com; TdeWeerd@msn.com Subject: "Final RFP's" I would suggest the Statesman, the Valley, Times and the Press-Tribune for publication. I would assume we would send White, Peterson, a direct mailing. I have received calls from Bieter, Walker, and Werth, and Foley, Freeman, Borton, et.al. for a copy of the proposal. Would we direct mail to all inquiries or should I call them back? Has anyone else received an inquiry that we should send a direct mailing to as well. I would suggest that we send a direct mailing to Ada County, Boise City, and Garden City for the criminal piece too. Our next step would be to establish a panel for review. I have some idea how to accomplish that. Have I missed anything? Will Ber From: Robert Corrie Sent: Thursday, August 15, 2002 12:50 PM To: Will Berg Subject: FW: "Final RFP's" Will: Use this date on RFP's as we discused this morning. Mayor -----Original Message----- From: William Nary [mailto:Wnary@cityofboise.org] Sent: Thursday, August 15, 2002 11:23 AM To: corrieb@meridiancity.org; birdronaldkeith@msn.com; cgmccandless@msn.com; ronaldkeithbird@msn.com; TdeWeerd@msn.com Cc: bergw@meridiancity.org Subject: RE: "Final RFP's" I will prepare a resolution to terminate the agreement for our next agenda with an effective date of October 31st for termination. I have "cc'd" this to Will to add to the agenda for next week. Thanks for the info. Bill »> "Bob Corrie" <corrieb@ci.meridian.id.us> 08/15 9:52 AM »> Bill: I just finished a meeting with Bill Nickles and they want the 60 day notice clause to be used for them. So, would it be better to have a November 1, 2002 date rather than later date in October for a start date if a change is needed? Mayor -----Original Message----- From: William Nary [mailto:Wnary@cityofboise.org] Sent: Wednesday, August 14, 2002 4:25 PM To: bergw@meridiancity.org; corrieb@meridiancity.org; worleym@meridiancity.org; birdronaldkeith@msn.com; cgmccandless@msn.com; ronaldkeithbird@msn.com; TdeWeerd@msn.com Subject: "Final RFP's" I would suggest the Statesman, the Valley, Times and the Press-Tribune for publication. I would assume we would send White, Peterson, a direct mailing. I have received calls from Bieter, Walker, and Werth, and Foley, Freeman, Borton, et.al. for a copy of the proposal. Would we direct mail to all inquiries or should I call them back? Has anyone else received an inquiry that we should send a direct mailing to as well. I would suggest that we send a direct mailing to Ada County, Boise City, and Garden City for the criminal piece too. Our next step would be to establish a panel for review. I have some idea how to accomplish that. Have I missed anything? 1 Will Ben From: Mike Worley [worleym~meridiancity.org] Sent: Thursday, August 15, 2002 9:35 AM To: 'William Nary'; bergw c~meridiancity.org; corrieb(~meridiancity.org; birdronaldkeith cLDmsn.com; cgmccandless(r~msn.com; ronaldkeithbird@msn.com; TdeWesrd c%Timsn.com Subject: RE: "Final RFP's" I would think a direct mailing upon inquiry would be best. I agree with a direct mailing to White Peterson and the two other firms which have already inquired, as well as a direct mailing of the criminal RFP to Ada County, Boise City, and Garden City prosecutor's offices. Bill I presume that if we get clarification inquiries on the criminal requirements that we would send a copy of the inquiry and clarification response to all inquirors - is that correct? Mike -----Original Message----- From: William Nary [mailto:Wnary@cityofboise.org] Sent: Wednesday, August 14, 2002 4:25 PM To: bergw@meridiancity.org; corrieb@meridiancity.org; worleym@meridiancity.org; birdronaldkeith@msn.com; cgmccandless@msn.com; ronaldkeithbird@msn.com; TdeWeerd@msn.com Subject: "Final RFP's" I would suggest the Statesman, the Valley, Times and the Press-Tribune for publication. I would assume we would send White, Peterson, a direct mailing. I have received calls from Bieter, Walker, and Werth, and Foley, Freeman, Borton, et.al. for a copy of the proposal. Would we direct mail to all inquiries or should I call them back? Has anyone else received an inquiry that we should send a direct mailing to as well. I would suggest that we send a direct mailing to Ada County, Boise City, and Garden City for the criminal piece too. Our next step would be to establish a panel for review. I have some idea how to accomplish that. Have I missed anything? 1 Will Ber From: William Nary (canary cLDcityofboise.orgj Sent: Wednesday, August 14, 2002 9:54 PM To: cgmccandless~email.msn.com; bergw~meridiancity.org; corrieb cLDmerydiancity.org; birdronaldkeith~msn.com; ronaldkeithbird cLDmsn.com; TdeWeerd~msn.com Subject: Re: "Final RFP's" I also received a contact from Joe Filicetti of Filicetti Law office. »> "Glenn and Cherie McCandless" <cgmccandless@email.msn.com> 08/14/02 17:44 PM »> I have also received calls from Borton and would suggest that copies be sent to them. Cherie ----- Original Message ----- From: "William Nary" <Wnary@cityofboise.org> To: <bergw@meridiancity.org>; <corrieb@meridiancity.org>; <corrieb@meridiancity.org>; <birdronaldkeith@msn.com>; <cgmccandless@msn.com>; <ronaldkeithbird@msn.com>; < > Sent: Wednesday, August 14, 2002 4:25 PM Subject: "Final RFP's" I would suggest the Statesman, the Valley, Times and the Press-Tribune for publication. I would assume we would send White, Peterson, a direct mailing. I have received calls from Bieter, Walker, and Werth, and Foley, Freeman, Borton, et.al. for a copy of the proposal. Would we direct mail to all inquiries or should I call them back? Has anyone else received an inquiry that we should send a direct mailing to as well. I would suggest that we send a direct mailing to Ada County, Boise City, and Garden City for the criminal piece too. Our next step would be to establish a panel for review. I have some idea how to accomplish that. Have I missed anything? i Will Berg From: William Nary [Wnary~cityofboise.org] Sent: Wednesday, August 14, 2002 4:25 PM To: bergw(~meridiancity.org; corrieb~meridiancity.org; worleym(~meridiancity.org; birdronakikeith(~msn.com; cgmccandlesst~msn.com; ronaldkeithbird(~msn.com; TdeWeerd~msn.com Subject: "Final RFP's" Meridian.CiviI.RFP.fiAeridian.Criminal.RF na12002.... P.fina1.20... I would suggest the Statesman, the Valley, Times and the Press- Tribune for publication. I would assume we would send White, Peterson, a direct mailing. I have received calls from Bieter, Walker, and Werth, and Foley, Freeman, Borton, et.al. for a copy of the proposal. Would we direct mail to all inquiries or should I call them back? Has anyone else received an inquiry that we should send a direct mailing to as well. I would suggest that we send a direct mailing to Ada County, Boise City, and Garden City for the criminal piece too. Our next step would be to establish a panel for review. I have some idea how to accomplish that. Have I missed anything? 1 Will Berg From: William Nary [Wnary~cityofboise.org] Sent: Tuesday, August 13, 2002 8:51 AM To: bergw(3~ci.meridian.id.us Subject: RE: RFP's Final Aeridian.Criminal.Rf4leridian.CiviI.RFP.c P.d~ oc We'l1 try a different one. I also have aversion on disc. This is what happens when we use WordPerfect and you guys use Word. Will Berg From: William Nary [V1lnary(83cityofboise.org) Sent: Tuesday, August 73, 2002 8:36 AM To: bergw~ci.meridian.id.us; bergwtZ~meridiancity.org Subject: Fwd: RFP's Final 0 RFP's Final (16.0 KB) Here is the proposed RFP's see if they will open in this format. Page 1 of 1 Will Berg From: Tammy de Weeni Sent: Friday, August 09, 2002 5:36 PM To: Bill Nary; WII Berg Subject: Fw: Aug 13, 2002 Workshop Agenda Oops, I meant to copy you on this and sent it before I did it. FYI - t. - Original Message - From: Tammy de Weerd Sent: Friday, August 09, 2002 5:34 PM To: Sharon Smith Subject: Re: Aug 13, 2002 Workshop Agenda Thanks, Sharon, for the agenda. Hate to add to it, but got a note and just got off the phone with Bill Nary about adding 'discussion of Legal Services RFP'. We would like to add that to the agenda before the Mayor's report. I am sorry for the extra work this might cause. Thanks, Tammy -Original Message ---- From: Sharon Smith Sent: Friday, August 09, 2002 5:14 PM To: Anita Overiin (E-main; Bill Nary (E-mail); Bill Nichols (E-mail); Brad Hawkins-Clark (E-main; Brad Watson (E-main; Brian O. (E-main; Bruce Freckleton (E-main; Cherie McCandless (E-main; Dave McKinnon (E-main; Dean W. (E-main; Diane Stewart (E-main; Gary Smith (E-main; Janice Smith (E-rr~in; Jean Moore (E-main; Jeny Centers (E-main; Jessica Johnson; Jim Johnson (E-main; Karie Glenn (E-main; Keith Bird (E-mail); Keith Borup (E-main; Kenny Bowers (E-mail); Kristy Vigil (E-main; Larry Sale (E-main; Marlene St. George (E- main; Mike Worley (E-main; Nick Wollen (E-main; Nina Barton (E-main; Randy Donath (E-main; Rick Clinton (E-main; Shari Stiles (E-main; Sonya Allen (E-main; Stacy Kilchenmann (E-main; Steve Siddoway (E-main; Tammy deWeerd (E-main; Tara Green; Terry Little (E-mail); Tom Kuntz (E-main; Will Berg Subject: Aug 13, 2002 Workshop Agenda Thanks! Sharon Smith Meridian City Clerk's Office Ph. 888-4433 ext 210 Get more from the Web. FREE MSN Explorer download : htt explorer.msn.com Get more from the Web. FREE MSN Explorer download : http://explorer.msn.com 8/9/2002 STIPULATION TO TERMINATE AGREEMENT FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: City of Meridian (CITY) White, Peterson, Morrow, Gigray, Rossman, Nye, & Rossman, P.A. (WHITE- PETERSON) WHEREAS, the CITY having decided to consider new Requests for Proposals (RFP) for Legal Services. WHEREAS, the current agreement between the CITY and WHITE-PETERSON must be terminated to allow for a new agreement to be negotiated between the party or parties that are the successful bidders from this new RFP. WHEREAS, the CITY and WHITE-PETERSON want to give ample notice that the current agreement will be ending at a fixed date in the future. THEREFORE, the above parties having entered into an Agreement for the Reappointment of City Attorney, the Provision of Legal Services and for Payment of Attorney Fees and Costs (AGREEMENT) on the 16"' day of October, 2001 now hereby stipulate to terminate said agreement. Pursuant to VIII RE-NEGOTIATION AND TERMINATION of said agreement the parties hereby agree to terminate the current agreement as of October 31, 2002. IN WITNESS WHEREOF, the parties have executed this agreement as of the date below. Dated this day of August, 2002. Partner/Principal of the firm CITY OF MERIDIAN MAYOR ATTEST: CITY CLERK Approved by City Council, STIPULATION TO TERMINATE AGREEMENT FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: City of Meridian (CITY) White, Peterson, Morrow, Gigray, Rossman, Nye, & Rossman, P.A. (WHITE- PETERSON) WHEREAS, the CITY having decided to consider new Requests for Proposals (RFP) for Legal Services. WHEREAS, the current agreement between the CITY and WHITE-PETERSON must be terminated to allow for a new agreement to be negotiated between the party or parties that are the successful bidders from this new RFP. WHEREAS, the CITY and WHITE-PETERSON want to give ample notice that the current agreement will be ending at a fixed date in the future. THEREFORE, the above parties having entered into an Agreement for the Reappointment of City Attorney, the Provision of Legal Services and for Payment of Attorney Fees and Costs (AGREEMENT) on the 16"' day of October, 2001 now hereby stipulate to terminate said agreement. Pursuant to VIII RE-NEGOTIATION AND TERMINATION of said agreement the parties hereby agree to terminate the current agreement as of October 31, 2002. IN WITNESS WHEREOF, the parties have executed this agreement as of the date below. Dated this day of August, 2002. Partner/Principal of the firm CITY OF MERIDIAN MAYOR ATTEST: CITY CLERK Approved by City Council, Will Berg Frnm• III RPrvr ~Mr»w/A1ri morirlifln iri iiel Will Berg From: Will Berg [bergw(~ci.meridian.id.usj Sent: Thursday, August 22, 2002 2:53 PM To: 'jof(~tolmanlaw.com' Subject: RFP for attorney Attorney Civil RFP Attorney Civil RFP Attorney Criminal Attorney Criminal 8-02 notice... 8-02.doc RFP 8-02 not... RFP 8-02.doc... For Your Information Will Ber From: III Berg [bergwl~ci.meridian.id.us] SeM: Thursday, August 22, 2002 11:26 AM To: 'smimurat~cityofboise.org' Subject: RFP for attorney Attorney Civil RFP Attorney Civil RFP Attorney Criminal Attorney Criminal 8-02 notice... 8-02.doc RFP 8-02 not... RFP 8-02.doc... X11 Berg From: Will Beng [bergw(~ci.meridian.id.us] Sent: Thursday, August 22, 2002 11:29 AM To: 'smcarten~micron.net' Subject: RFP for attorney Attorney Civil RFP Attorney Civil RFP Attorney Criminal Attorney Criminal 8-02 notice... 8-02.doc RFP 8-02 not... RFP 8-02.doc... For Your Information -Thanks STIPULATION TO TERMINATE AGREEMENT FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: City of Meridian (CITY) White, Peterson, Morrow, Gigray, Rossman, Nye, & Rossman, P.A. (WHITE- PETERSON) WHEREAS, the CITY having decided to consider new Requests for Proposals (RFP) for Legal Services. WHEREAS, the current agreement between the CITY and WHITE-PETERSON must be terminated to allow for a new agreement to be negotiated between the party or parties that are the successful bidders from this new RFP. WHEREAS, the CITY and WHITE-PETERSON want to give ample notice that the current agreement will be ending at a fixed date in the future. THEREFORE, the above parties having entered into an Agreement for the Reappointment of City Attorney, the Provision of Legal Services and for Payment of Attorney Fees and Costs (AGREEMENT) on the 16`~ day of October, 2001 now hereby stipulate to terminate said agreement. Pursuant to VIII RE-NEGOTIATION AND TERMINATION of said agreement the parties hereby agree to terminate the current agreement as of October 31.2002. IN WITNESS WHEREOF, the parties have executed this agreement as of the date below. Dated this day of August, 2002. Partner/Principal of the firm CITY OF MERIDIAN MAYOR ATTEST: CITY CLERK Approved by City Council Will Berg From: William Nary [VVnary~cityofboise.org] Sent: Wednesday, August 21, 2002 5:40 PM To: bergw(t~meridiancity.org Cc: corrieb(~meridiancity.org; birctronaldkeith~msn.com; cgmccandless~imsn.com; ronaldkeithbird(t~msn.com; TdeWeercl~msn.com Subject: Proposed Reso to approve Stipulation legalsvcs.terminatio n.reso.8-o... Attached is the proposed reso to approve the stip. If I don't hear from White-Peterson tomorrow, I will call them. RESOLUTION BY THE COUNCIL: BIRD, DE WEERD, MCCANDLESS, NARY A RESOLUTION APPROVING THE STIPULATION TO TERMINATE AGREEMENT FOR THE REAPPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND ATTEST SAID STIPULATION ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Stipulation to Terminate Agreement For The Reappointment of City Attorney, The Provision of Legal Services And For Payment of Attorney Fees And Costs, a copy of said Agreement marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Agreement for and on behalf of the City of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Meridian, Idaho, this day of 2002. APPROVED by the Mayor of the City of Boise City, this day of 2002. APPROVED: MAYOR ATTEST: CITY CLERK 0 ~E ~v ~ EE ~~ ~ L •O V~ ~~ O ~E ~~ c co ~~ .-, ~ ~ s ~,a ~°'~ °.sr~~ •~~-'~E~ ~NO~O ~NaiE r _ ~`~ ~ " ~y ~ N c c'~~ E_ 3 ~ ~~a ~ ~ ~ ~ Z~~c4c ~ C ~ pLL. vE~ai ~~ S'~~ ~ m ~,; ~ C O .C^ ~ li N 1 - to ~ 0 M k~ 3 ~C 4 ~, Q ~ n n M w N 1 `~ ~ 0 o ~ Q M ~ ~' ~ ~ N 3~ 0 3k ,~ ~ r ~ ~v 3 ~ ~ ~ d O ~ ~ c~~^ N '~ o ~ a +.~ .. ~ M ~ ~ o .~ U .-1 y W \ 0 D Q., w O O O U 3 ~ ~ v a ,~ .~ •~I i~ •. ~ ~ tq b~ ~ ° • •~~ ~v W ~ to U •~ ~ b -~ U ~ ~ O v1 ~ ~ U v o •~1 ~ U ro ~ •'i v C •'C7 ro W W U J~ O ~ s~ .~ N V Ir ,S~ 1r O 1~ •• v o w sr >`, .,~ ~r o = as o o v v h N ~ U fr ?G N ~ ~ 1.1 V •rl "q O w O I ~ b+ •• O ~•1 t..) r-1 I ro 0 b+ V r•~i ~ 1 ~ro 3>,0•.~1 vV.~ ro • • U ~ r~ •~ U ~ 4 ro O v• ~ N a a i v ~zb ro ~ U 0 U H v G u i b+ C I 3~ r l G O a ~ I r i ~ 3 ~~ ~ ~ ~ v ~ ~ v ro 3 o v .A •. ~l c i VI J •L' 1 V 1r U •• ~ n 0 I s.l O U v H 1 HJ 1 ~+ H V V to o w sr c~• ° ° ~ ~ ~ w a i ~ >,w w ~ ~ 0 0 ~ ~ ~~~. ~ A N ~ N ~ ~ d ~ R. ~ sr~.1ro a >.1>bb ~ Hv O~ b•~ a ro ro v ~ . ro i O 3 N y s r 3 l r 'L3 •~ a H O ~ p S T1 t d ro N ~ ~ ~ ~ a o s o r ,. ~.i>, iv ~ ro ~ ~ v ~ 3 v b y a 3 U o x a ro •x ~ b baiv rR v .-1 N ro w A~ v 1~ ro 0 O O ro ~•~+3 am~aav.~ E x • ~ a ~ ~ i •e7a • 1 ~3~ ~, O a-1 N r '-1 A •rl v v v .~ ae •~ ~ a rl ~ ro~ . 1~ ro 0 , » ~ ~c rob wA m o o° ~ ~ v ~a ia iQxb .C 3w a.[1r v ~ U ~ 0 ~ v vl •O 1 .1 ~ . ro ro rovro ro aOO N ~ U U ~ ~ ~ O r-1 v V1TS w H N•r1 ro N ~ N r O > •'~ ~ •'~ ~ • ~ ~ ° •'~ in i a v i•o b ~ 1~ o ro r•~I 11 H 9 C O v •.-1 N ro rn ro o 3roa> w N o o '~ CH •~ i ro Aro ~ O GO !`I .C O C H to •.-i •rl a-1 v1 • ~ ~ .~ N .i ~ ~ 3 ~ r • • l ~ • U v 3 v .~ ~•~ a i.-larov> ~ ` H a~„ W ro •rl ~ 1.1 Ir 3 ~'`. N '~ M 3~°'0 0 0 °` ~ -~ O ~~ ~ ~~~~ ~~ V ~ q . ~ ~ s ~ _i~ ~ O ~ ~' M ~ ~'l \ i~ ~ 4 CJ M ~~ ~ ~ \ r! `Iql• i ,~ ~.~ a V `V I ~o~~~ ~N V ~~ d V .~ J co G .~ ~L V ~ . - _ m .? '~~~.. U v d d V ~ ~ O U as O ~ ~ `~ O w M O w+ Vi 1 W 0 V Q. as ..r O Id. _ a, L r y~ ~ ~ ~o ~ ~ O 'i ~ ~ ~ ~ '~ d .~ ~T' ~ a `'~ ~,; o 0 0 0 0 0 0 0 !O V N N N N N N N N 00 00 0 0 LL LL L m .C m t_ ~ ~ m .C t_QQ L_Q t m m W W o Z ~' ~ M O i ° ~ ~° O M OD t r' ti +~+ N ~0 N 0 .C ppM pp GO M CO n ~M 00 o ~O C ,., ~ l0 L 'O M OD ~M cnoo M co a ~ o ~ u' o ~ `? o >~ ~ ~- o ` ~ NJ X ~ M XXj = ~p~p t O V O ~O ~ ~O ~ 0 ~ O~ ~ ~ ~~ "' A10 to Z ~~ ~ C- W ~N m M ~ j ~ > n ~ ~ ~ ~p Q O•- a~]~ O~-ab dmc~ cNVn~-~ mM o ~ ~Z .- acv N~ ' _ i~ Q ' d i N N _ i ~ N ~ ~ u~t m CD ~ ~ c ~ o ~ Q d ,~ U Z ~ ~ ~ o ca ~ ~ ~ V .'~' ~ =_ a~ m ~ m m LL U C ~ ~ O V Y Y 7 ~' ~S = o~ N ~ ~ tJ! ~ N ii ~ 0 ~ C ~ ~ ~ M ~ ~ ~ Y -. v_1 ~ ~D ~ ~ p ~ otS 0 i ~ ~-~ ~ o ~ ~ ~ ~, C v U ~ o °~ U Q to -~ ii $ ~ ~ _ (~ _ , og a~ ~o c~ Q w ~ ~ 05 ~ R1 I m 0 0 N N N n O~ ~ c'~ C ~ L.L ~ N W ~N~ ~Z~ V 0 b rp m ~ .r T F~ Y L _~ V .~ V c ~ _ ~ ~ .~ N . ~ m ~ ~ ~ ~ ~ ' 7 ~y, j •L d d J ev .~ V ~, . ~ •~ ~ V ~ V ~~', Q. ~ C` ~ `~ O ~ O 1 d ~ O V as .~ o ~ V `o~ ~ ~o 'a ~ o ~~ a ~ ~ ~ .~ N ~} ~~ G~~ ~ ~ N Oa `s ~ ~ ,~ ~ -~ ~ N N N '~' O O v ~ ~ -,. Z (~ ~ ~ c,~ ® d` d ~ o ~~ ~ ~ ~ d a ~ ~ ~ ~ vii ~ r ~ '~ 1~ m r` ~ S> .a J ~ ~ T T ~ a ~-- ~ L ~ ~ ~---, ,1 d s,~ Z ~ ~ '~ c v V `~~' ~' "~ .3 ~ ~ ~ ,, ---~ Cy` m ~ ~ ~ ~ ~ ~ ~ d o ~ ~ Ga .~ Q ~~~-J CJ S N ~ N A ,~ A G S t o, ~ ~ s s w $~ G s ~~, ~1 ~ ~•~, ~ \a ~ ~~-' Q ~-,; c ~ G ~/ ce w ~. d C ~ ~ ~ ~ , ~ ~ ~ ~O d o ~ ~ ~ W U T N ~. n rt rr r• w n]'~' b H cn ~n n n ~] n] 1 rt H v (D ~' ~' ~ r' rS N G C (D n () O rt 1 O V C (D a ,4 ~ N r• C7' E tr' p w O •• O I ~• v r• rtG (D NNO ~•rt~ n ~ I rt a ~D ~ r• r• ~ r• r• ~ cu •• c~ rt n •• 1 ~' C - ~ I-S $ tt ~ a ~ ~ N ~ ~ r• ~' N N G~ ~ • • • cn rr r• r m a a ~ w r• r• ~ ~ H p lD ~' f'f CIJ O S/ ~ F-' ~ E F-' w cn ~ a ~ a r-o Hew ~irn m m ~Nr•c~ o ~' N a rr m rc ~ r• m u, n ~ r• ~ ~ a a cnc-r ~ rn ~au~r•maarn n~ C'~ a E o a cn a s reran ~ ~n rn a fD ~• N O ~ ~ H rt F~ "C ~ N a a z ~ fD cD (•~ ~n ~r•cn ~rt x ~~r•arn r•~ o mr•c~' cnrn rso~' roy• ~an~ Co ~ cDO ~'rr cp~cD roCnr-~~Crr~ mn (D rr n ~ o n ~ -worm a ¢, r- ortl••, ~a matn m~~~Cr- w m r• O a l-'~ r• rr N rr n m n a • ~ a• C a a rt~• o~C ~ a ~ N a~ N cn rr n p i N n a r•m Hrn acn mC ~nw o a i ~~ ~~ o ~v, ` anvnrc i u,a ~ r•a nn ~~~ ~ o w~•C i ~ 0 0~ a a m a ~ v ra i rna E Gw a ~a l~ ~ Na n~• n n I~ rs N NEB oHtr' r• o m rr rta ~ ~ m oar•n rt ~ cn O H O r• rt O rr N 7c' rt n~ m (D tt ~' 'i3 F-h E ~ N a O O to a ~c~rn m~C nom ~r•rtrsrn o n rr a n g O G •• rt 0 rs ts' rs n ~ a rr o ~ ~G N~'~ r•o fi~ o cn b' rn a s cr t7 a m r• o w ~ rr (7 ~ a W I-' ~ r• ~ tr cn p ~ 'zs rnOa ~~r r•cnN ronarao ~ N b G r• x~ m m rn ~ax~ a n r• ~ H-' •J (D rt ~ ~•C Cc7 fD (D O ~ a ~n £ ct r• (D a ` ~ r• 1-t r•c a ~ ~' O 'C ~ '~ tt In ct r• w a >/~ w xn ~ ~y ~ ~av E ~ rr ~ a o a' r• r~ r• o rn ~' aWrr cnro ~r•~ n ~ a ~ v, a o0 o arrcu o~~ ~~ rt tr'r• aw --~tD~ ~~n ara • o ' ~ v m ~ ~c ~ a m ~ ~ ~ ~ ~` ~ ww x o(~E ~ m~. n~ r ~ v ° rn ~ C t ~ m c ~ a ~ ~ v lD ~ ~ ~ w ~ ~ r r N~ Q.N N~ v , -r u c H ,• ~~ fD ¢" rn ~ n ~n H ~ ~• •¢. ~ a ~ E m m ~a re r ~a m ~ ~ v rn ~ a a •~ ~ a s r ( y ~ ~ w a p• a ~drn C r s rum a n r s \ ~mr• I ~ ~ r•~ ~ ~ ~ a~~ a~ a~tr ~ . cum 'C ~ G rr rr ~ R cn ~ o N ~ Q o F l -~ ~ ~ ~ o Nom, ts' r• rt (D a N lD N ~ w rr O N ~ O ~ o rr C ~ .. n o \ rr ~ . N ~ N (3p Co C O ~, •O ~ ~ ~ {~ ~~ ~ ~ o ~ ~ ~ ~ G ~; S N s ~ ~ o ~ G ~ b N N ~ s ,, T H a r N O n (D n m r• C (D a a 0 rr a rr rn n 0 O m w r• (D rt rr r• 0 rn r• r• n m ct rt r• r a E 0 rn rn r• (D J .a O ~ w V v v ~ ~~ 0 0 ~ ~ ~v ~~ ~ w 0 J N d ~` A C O ~ ~ O G ~ A ~-- ~ ~~~~~ m 3 -tj o ~ °' ai ~ ~ ~~~~~ ~' ao,aZ ~~ cow ~ ~~~ D~ ~'~B~cQ ~ =~3~>s~ ~ ~' ~ ~ n ~~o`< O ~ ~ N O ~ 3 ~ t~D ~ A ~ s`a ~`'~' Q ~ a ~rn N n; ~ m o ~. ~~ 0 a~ ~ _. ~ ~ n. a ~~6 Vii c30 ~a o a~ ~ ~ O cc~ ZOOZ/ZZ/8 s~ueyl •uaoo•uos~a;a a~lynn ~uu~;e Rual o; aigel!ene uaynn dda ay; yewa aseald •~laaM;xau auo6 aq p!n~ 1 II~J1A ddb sa~n,aS le6a~ :~atgnS (6ao•~uue!puaw~nn6aaq) •~( 6aag il!M col WV Lb~ii ZOOZ ~9i;sn6ny'~(epu~ :~uaS LWOJ'uosaa;adal!ynn~u}~u-:o~!ew] sloya!N II!9 :tuo~~ -----a6essaW !eu!6!~p----- pl/~ • • ~ ~yonw tian }! a;eloa~dde ! •diay most Ile ~o~ s~lueyl •pa;sanba~ aney nog( s;uawnoop ay; aye a~aH dda saawag IeBa~ :3a :~atgng ,woa•uos,~a;ada;!ynn~NU~, :a~ ~sloya!N 11!8 ~ol Wd 9Z~ti ZOOZ `OZ;sn&ty `~tepsanl :;uag 0188 IINI :uao~~ fiaaa il!M t 3o I a~Bd a8~ssay~ MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary '' ~~, ~~ "~ ;~' CITY OF ~,~~~,'~~~~ ~- ~-.,c - ~- ~ _\ a\ ert~lcn .E:f ;, IDAHO j ~ ~. LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500•Fax 887-1297 Cherie McCandless ti~ ~ BUILDING DEPARTMENT cF,~,T ~% (208) 887-2211 • Fax 887-1297 Keith Bird eR ~a~T ,~~1-! R RIRF Vr~ SINCE PLANNING AND ZONING '' ieoa (208) 884-5533 • Fax 888-6854 .FACSIMILE COVER SHEET TO FAX NUMBER: ¢ 72 - Z ~ ~ ~ DATE: ~- ¢ -~ Z- DELI VER T0: Sh a w sz TITLE /DEPARTMENT.' Ganz. a'-e ~ Ci ~ ADDRESS: CONFIDENTIAL YES: NO: TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): ~ FROM: CITY OF MERIDIAN -CITY CLERK'S OFFICE FAX # (208) 888-4298 NAME: WILL BERG TITLE /DEPARTMENT.- CI TY CLERK COMMENTS: /2G[~J~Oa/h th~c e w't CC~y rret~~ ~ ~ .ee~~ c e,rr/~cef 200% ~ Zoo Z ~'`~ ~c.u Cu,l~ ,Do/.tee.. ~,oa-:.~~~f ~. C~f~ l~a~ ~~B -6.6?8 PLEASE CALL (208) 888-4433 IF YOU DO NOT RECEI VE ALL FAX TRANSACTIONS SUCCESSFULLY. THANK YOU. 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (308) 888-4433 • Fax (308) 887-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 884-8733 ** TX CONFIRMATION REPORT ** AS OF SEP 05 '02 14:55 PAGE. 01 CITY OF MERIDIAN DATE TIME TOiFROM 07 09105 14:53 1 208 472 2998 MODE MINiSEC PGS EC--S 01'58" 007 CMD# STATUS 066 OK MAYOR '~' ' Robert p. Corrie - • ~ • _ ~ ~' ~ ~1~r ~_. I• f 'r LEGAL DEPARTMBNT (208) 288-2499 - Faz 2x8.2501 CITY COUNCIL MEMBERS T Ctrv pF j'°d~' -.- <• _ ~'`', ~~~ ~ • ~~~ PgRKS & RECREATION (208 858.3579 • Fax 898-5501 ammy dcWeerd eri i~n \ William L. M. Nuy ~ fDAHO t~ PUBLIC WORKS (208) 898.5500 •F~x 857.1297 Chcnc McCandlcss ~'~ ~ BUILDING DEPgRTtyENT Kcith Bird v ' (206) 887-2211 • Fax 887.1297 ~~'X~ ~y~j PLANNINGAND'LONING (208) SS4-5533 • Frx 838-G854 FACSIMILE COVER SHEET CONFIDENTIAL YES: NO: TO FAX NUMBER: '¢ ~2- - ~ 9 ~ fj DATE: / " ~ ~O Z~ DELIVER TO: :Sfzawn_ TITLE / DEPARTMENT.• G~ R~~h- ~~ ~j~,Y~ ~~ ~ ADDRESS: TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET).- 6 FROM.• CITY OF MERIDIAN -CITY CLERK'S OFFICE FAX # (208) 888-4218 NAME.• W1LL BERG TITLE/DEPARTMENT.- CITY CLERK COMMENTS: /2~,op~/h ~h: G w~- ~~G~ /.ec~,,.,~ ~ -~e~a.~ 4 errirce.l Zoo~~ Zvo Z_ f~ Y ~~ ~Gc.~ ,QO~Ge ~~`'rP < ~ a a° ~pi8 ~~~ PLEASE CALL (208) 888-44331E YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. THANK YOU. (-'08) 888-sA33 • p~ ~ '3 EAST IDAHp . MERIDIAN, IDANO 83642 (_08) SS7.4S); .City C)crk Officc Fax (208) 888-4?Ig Human Rescwrces The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 Account # ,~ LEGAL,oADVERTISING PROOF OF PUBLICATION OE2763 X722745 Attention. 1MLL BERG CITY OF MERIDIAN 33 EAST IDAHO ST. MERIDIAN, ID 83642 RFP NO. 02-001 AUGUST 24, 2002 2X41 74.75 14311 LEGAL NOTICE CITY OF MERIDUW 16, 2002 R N0.02-0O1 The CiN of Meridian is requestin& proposals for City Attorney / CtvA Lead Servkes, Qualified fauns are nvited to submR a proposal in the format outlined an tfie Request for Proposals. A complete package of requirements necessary to compy wiM this RFP may be obtained from: WR Berg Meridian City Clerk 33 E. ktaho Meridian, ID 83642 Any proposal may be witl~drawn prat to the above scheduled tans for the opening of the proposals. Clarifications to the Retest for Proposals w~l be considered ony 'if they are submitted in writing and received by Meridian City Clerk at least five working days error to the proposal opening. All clarifications to the requiremerifs wiq be addressed as a written addendum to the proposal. No verbal clarifications wiN be binding on the CRy or the consultant . Submit 10 copies of the proposal with the~ ppr ' ct title Cleary indicated. The envelope in which the proposal is received must be specifical marked: RFP No. 02-001; ciRy Attorney/CIvY Lepl for the ctq, of , And delivered to: VIriR Berg Me 3nd3iarEi. clerk Meridian, ID 83642 by 4.00 p.m. on the 16th day of September, 2002. No exceptions.. AA proposals 'must be signed. !THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS TO 'WANE AND IRREGULARITIES IN THE PROPOSALS RECENED, AND TO ACCEPT THE I'RO- POSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CfTY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDUW CfTY CODE. ,. u Pub. Aug.. 24, 2002. __ . _ _. -- --_-___.__, 14311 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The /daho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: ONE consecutive weekly single consecutive daily ~ odd skip insertion(s) .Ss COUNTY OFADA ) beginning issue of: AUGUST 2 4 , 2002 ending issue of: AUGUST 2 4 , 2002 J STATE OF IDAHO ) On this 2 6 day of AUGUST in the year of 2002 +•+++~~~•. ' • before me, a Notar Public, ersonall a y p Y ppeared bef ore me ~, HEll~jps '•,~ ,•~•`~ ` ••••• ' p Janice Hildreth known or identified to me to be the erson ~~• ~ti•••• '•. ~~ •% •• ~ ~ • whose name subscribed to the within instrument, and being ,n :bY me first duly sworn, declared that the statements therein ; ~OTq~, ' * ~ ~ 1" ~ :are true, and acknowledged to me that she executed the same • . . ~. ~ ~ • ~° ~ I~ / ~ • %,~ gl••.•••1e,.• ~O ~` ~, ~ ~ . Notary Public for aho '. 0 F I~ ~~ Residing at: ,ao- 5c ,Idaho `''~•...++~~`` My Commission expires: C ~/2/~0 8 _- ! ''// S~ ~~ ~~~~~h~ 2 ~~ ~ o a ,~0~ ©~o l~ ~~ o i ~~Z. .~ ~ ~.~,. GvG~T/~ MEMORANDUM C/TY OF MER/D/AN C/TY CLERK'S OFFICE TO: Department Heads- Mike Worley Gary Smith Pauline Skeggs Brad Hawkins-Clark Stacy Kilchenmann FROM; William G. Berg, Jr. .~GGl~ DATE: Wednesday, September 78, 2002 RE: RFP for Legal Services On Tuesday, September 77, 2002 the City Council at the City Council meeting decided that they would like your input on the selection of the criminal and civil legal services for the City of Meridian. Enclosed are the proposals, which 1 have received. There are three proposals for the criminal services and three proposals for the civil services. Please respond to the Mayor and City Council (via throuoh me) in writing by Friday, September 27th. The City Council will be having proposals presented to them on Monday, September 30th and Wednesday, October 2nd at 6:00 pm which they would like your attendance. They also would like to stress that they consider these proposals as confidential materials and are not to be duplicated or passed around to anyone. You are to examine the documents, make a written response by September 27th and return the documents to me after the presentations. If you have any questions, please contact me immediately. Thank you. . . Memo To: Mayor Corrie Counalrrran Keth B'rd Counciwanan Tammy de Weerd COUI'1C~ApCYldr1 Cherie McCarlClles From: Stacy Kilchenmann-;"Financial Director CC: Will Berg Date: 9/19/2002 Re: Legal RFP RECEI~TE SEP 2 0 ?~~ City of Meridian City Clerk Offie.~- This memo and the attached Excel spreadsheet are my response to the request for input regarding the legal services contract. I put together a cost comparison matrix. In addition I have some narrative comments. I also noted that the RFP did not contain any type of scoring system for the evaluation criteria. We would need to assign a weight and value to each criterion to defend and justify the final selection. Civil Sasser and Inglis P.C. Only gave per hour charges for various levels of professional staff so it appears that all work done for the City would be on an hourly charge. This seems to be the Trost costly response and difficult to budget for without going back and trying to determine the average hours that the City uses attorneys and support staff. Bieter Werth and Walker had a low monthly retainer amount but the least staff available. One attorney of three is in Sun Valley and one attorney will be tied up during the legislative session, as he is a state representative. It seems like this might be a conflict of interest when the legislature considers matters that impact cities. White Peterson appears to have the most experience and staff available. Criminal The City of Boise has by far the lowest bid dollar wise as well as the largest and most experienced staff. The fact that Bill is on the council and works for Boise would have to be disclosed in the audit as a related party transaction and I am not sure how "far up the scale" it would rank. After discussion with out auditor I don't think he would be able to actually participate in any work done for the City. I was confused by the reference to us turning our FY01 JABIG grant money over to them. All grant funds received by the police have been spent. The Foley, Freeman, Gorton, and Stern bid is over the amount we budgeted for FY03. The City of Garden City just does not the experience or resources that Boise does and their bid is $83,550 more. • Page 1 C l0 m L C " O O1 J t c ~ N C U N y ~ N L y C ~O !k~ a ~ N ~ O ~ O ~~ ~ ~ N N N C U ~ ~ `a ° ~ a v w 1 ° v d ~ ~ L ~ ~ ~y U a L C 3 L a a v C d E v O ~ .~[ N m n~ O ~ ~ L (h O y a 3 m d N ~ d O ~ V T U lCO o = > ~ _v m Q ~ ~ U N E L N ~(OOM ea ¢ en en M O d N O O O m O N N M U C N d 9 r0 A u N C ~ U N N _ ~ W N ~ O ~ C ~ N O >, m c Q E S ~ LL O O O O N N LL V3 » U _ Z N N N C O N h z h w S ~ t V n. 2 ~~ c 5 ~ m C Q N ~ N m ~ ~ O G T ` . .. ~ ~ U °o i»v m y N ' o N L L > N ~ N o ~ 3 ~ m en 3. rn G ° O o 0 V V d N (A ~ O1 M O ~ u U ? IL m O k O O O m N N ~+ O N ~ } U u . 2 W O U U > _ j ~ W Z Z 7W = y~ C J Q Z ~ Z ~ ~ Q ~ N J Z ~ U m K av ~ U N m ~ °a N N UN U N C A 01 L O N N N ~ N N u p ~- L u a O1 __ N N U O 2 ~ C ~ U ; C C ~ p, ~ - Q O ~ ,'C U U G C ~ N N y N C N Q N a N C ~ O O O `y ~~ y N v n > a c E ~ aNi ~ w n ~ ap ~ d u Y c C 0 6 ~ Ni N 'O C G U ~ ~ ~ 3 0 ~ U C ~ W ~ ~ c v y'- ryry U y C ~ !: l6 U O L O c a'a 'c o ~ ~ ~ m ~ o oi° y N g Gl ' U Ul C~Cga a to n~ ma m«n~ C O in ~ ~ t 3 V (gipp G y`~ U f0 T C ~ C y C a U C H O V U J. N Of f0,t C 3 C O V >. >i O rn N ~ O Of ~ y ~ O C N L U ~~ p 0` C Gl C Q~ ~~ N C U N O O ~ '~ U O1 .. ~ y a g > V ...L. L .. (p O R ~ ~ j Z w O C ~p ._. C W O' Ul X 0 0 d V y~ C C~~ CNyN UO> N O WOIL yOt TNOp(V my oho o~cc '>oa p. ~ ,°~ ~~rn rn~u mtv~p ~C .N d Q C1 v N N N N C O W N O G v C U> C 'O U~ U y C ~ ~ ~ J N W `y T ~ U y~ ~ ~ ~ ~ y ~ j ~ uvi a ~ _ ~ ~ N y~°owov oc>-_ ~c°i ~3~c >>mrn ~~> ~--~ 'u E ~ aLL aa~a mV E ~~QCO ~ a~iK~~ v° `~ m ~ v c n a, m EiU m L° Ci° N n. ~ >aa ~mranoiaNi V d 'O O a` 1l1 N V .~ v y September 21, 2002 MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: Gary D. Smith, PE RE: City Attorney election Process RECEI~TET~ SEP 2 1 2002 City of Meridian City Clerk OfficE- I have reviewed the written proposals submitted for City AttomeyJCivil Legal Services for the City of Meridian. The proposals I reviewed were submitted by Beiter Werth & Walker,PLLC (BWW); Sasser & Inglis, PC (SI); and White, Peterson, Morrow, Gigray, Rosman, Nye & Rosman, PA (WP). I appreciate the opportunity you provided for department heads to be a part of the selection process for contract City Attorney services. It certainly appears that all three firms have qualified personnel to complete civil legal services for the City. BWW is a recently formed law firm, however, their attorneys have been .involved in municipal affairs as individuals. SI has had major experience in insurance isues as legal representative for ICRMP. WP has a large legal staff with a lot of experience in all areas that were required to be addressed in the proposal. Because my profession does not allow, by state statute, selection of professional design services on the basis of fee, I am hesitant to provide any comments to you from that aspect. However, from the cost aspect alone it appears that BWW is less expensive, although SI provided no monthly estimate of fees. It is always difficult to make a decision on the basis of reviewing written material and I therefore look forward to listening to the presentations by all three proposers. I can say that I have thoroughly enjoyed working with Bill Nichols and his firm. Bill and his associate attorneys have always been responsive to me and they have provided assistance in a manner that was very professional and as importanfiy for me, understandable. WP's proposal listed issues in our strategic plan that will need to be addressed by our legal representatives. They also proposed several in-house procedures to insure that the legal work required by the City proceeded in a timely manner. Although it may be helpful for some departments and the Mayor and City Clerks office to have the city attorney office in Meridian, I can say I have been to their office one time since it opened and the reason for that visit was only to see what the office was like. From my standpoint, their presence in the City is not critical. Bill has always been available by telephone, a-mail or personal meeting at Public Works office if required. The option they provided to not have an office in Meridian would reduce the monthly City expense for their service. Maybe this isn't a fair or appropriate analogy, however here goes. In a championship boxing match the challenger must convincingly show the judges that he has beat the incumbent. In reviewing these three proposals I don`t think the challengers have done that. They really did not provide any innovative or constructive thinking, even as WP has done. It must also be understood that the incumbent does have a slight edge in this matter because of their understanding of the issues in the City. Anyway, after having said all this, at this point I support the retention of White Peterson as our City Attorney. Once again, thank you for the opportunity to provide comments on this matter. Best ards, Gary D. S ' h, PE Public Works/Building Department Director III Berg From: Pauline Skeggs [skeggspr~ci.meridian.id.us) Sent: Tuesday, September 24, zoo2 s:as ann RECE~~TEI~ To: bergw~c~' ci.meridian.id.us Subject: Legal Services SE~ 2 tl 202 will, City of IYieridia~n City Cleark ()ffick- After reviewing the RFP's that you provided for criminal services I would recommend that Boise be considered for the City Prosecutor. The municipality background and their availability to utilize the AS400 calendar and access to the ninth circuit court of appeals makes Boise in my opinion the best candidate. The only concern I have is there may be a conflict of interest with Bill Nary being listed as one of the attorneys for the City of Boise since he is also a City Council member. If Boise is the one chosen I think the City needs to get an legal opinion to make sure no conflict exists. My last recommendation would be that Chief Worley's choice should have a greater impact then the other department heads since he would be the one that is going to work closely with the prosecutors office. After reading through the RFP's for civil services my first choice would be White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman since they have the most municipality experience, have a large attorney base and staff, and more importantly know what is going on in the City since they currently hold the contract. To my knowledge I understand they have been doing a good job for the City on the civil side the prosecution side was the area of concern. The concerns I have with the other proposals are the size, capability and the municipality experience that the other legal firms have. If another firm is chosen I believe there will be delays in order to bring them up to speed with the internal workings of the City. If you need additional information, let me know. 1 Message Will Berg Page 1 of 2 From: Mike Worley Sent: Friday, September 27, 2002 11:27 AM To: WII Berg; 'Bob Corrie' RECEI~TEI Subject: Review of Legal RFP Responses SEQ ~ ~ ZoQ7 Importance: High Sensitivity: Confidential City of Ilxeridian City Clerk Offie~ CRIMINAL There are clear deiiniations in the criminal proposals. Boise Gity's is complefie and addresses all issues of concerns to me. They are also the most inexpensive. Part of their proposal is that we turn over our JAIBG grant to them in return for inclusion of Juvenile Accountability services. I recommend that we do this. Their plan does not address haw JA services would be accomplished, but I would ask them to provide contact at our location at least once a week. (Currently, aU JA contacts are handled at the Boise Gity Attorney's office in downtown Boise -not the best plan for inclusion of Meridian youth.} I would also ask that they provide on-site presence at our station four half-days per week, rather than two full days as proposed. It is beneficial to us to have legal guidance readily available to the officers. There are some benefits to seeking further cooperative agreements with Garden City, given our current quest to establish a fine collection officer. However, Garden City has limited lega{ resources, both in terms of number of attorneys and in experience. They propose to hire additional attorneys, but this puts us in the position of signing on with a firm and having little or no say in who actually provides the service. This was a significant issue in the criminal prosecution services provided by White Peterson. I see no reason to sign on to an agreement that has the same weakness. An additional factor is the cost - $80,000 per year more than Boise City's proposal. Foley Freeman did an excellent jab of addressing my major concern with them, that being the potential for conflict as they have been a significant defense presence in Meridian. I believe, however, that even if they abandon their defense practice, as fihey have committed, they still have a greater potential far conflicts than the other proposers, given the firm's history as a defense counsel. This would translate into an increased number of cases which would have to be prosecuted by other agencies, most likely Boise City or Garden City. Foley Freeman's bid was also the highest of the three submitted. CI~JIL I feel that both White Peterson and Bieter Werkh offer good proposals. Bieter Werth is the cheapest by $3,500 per month. Extra billables from Bieter Werth are also cheaper at $90 per hour vs. $100 (associate) from White Peterson. (This is based on White Peterson's proposal which does not include a Meridian location. While I feel that local access is very important for police officers seeking advice on arrest/detentioniwarrant situations, it is less important to mein civil issues.) However, White Peterson has been providing good service through Bill Nichols and they are familiar with current issues in Meridian. (1 should note here that I had many issues with the level and quality of prosecution service provided by White Peterson, but I have received excellent responses on civil issues ftom Biil Nichols and Julie Fischer.) I did not give serious consideration to the proposal from Sasser & Inglis since it appears they are not bidding a retainer price. i believe it would be cost prohibitive to pay per hour rates for all of our legal services. 9/27/22 CITY OF MERIDIAN CITY CLERK'S OFFICE TO: Mayor Corrie Council Member de Weerd Council Member McCandless Council Member Bird Council Member Nary ~--._ From: William G. Berg, Jr. ~%GC/ Date: Friday, September 27, 2002 Re: RFP for Legal Services After reviewing the RFP for legal services, I have the following concerns and comments. There are several issues, which will be determined by you to have more priority than others. Some of these have nothing to do with the ability of the firm to provide the service but to the circumstances at which you determine the level of service to which they will need to provide. Please understand that my comments may just be other perspectives to examine. Citv Prosecutor /Criminal Legal Services: Boise City ~ large base of experienced attorneys to perform service + team concept for covering service + awareness of municipal issues and concems + will try to provide communication link to city employees ^~ access from general public and citizens ? can meet budget limits + ^- conflict of interest with Bill Nary's employment and reviewing ? Foley, Freeman, Borton & Stern, Chartered limited staff but experienced attorneys to perform service awareness of municipal issues and concerns ? located in Meridian so access might be better to employees and general public (more of a concern and involvement for the community) + will not meet current budget limits Garden City ~ limited staff and indicated would have to hire additional people ? awareness of municipal issues and concerns + communication to employees ? access from general public and citizens ? can meet budget limits + Gity Attonnev /Civil Legal Services: Bieter Werth & Walker, PLLC limited staff to two experienced attorney to perform services team concept for covering services + aware of municipal issues and concerns + access to employees and general public ^~ can meet budget limits + Sasser & Inglis, P.C. staff with limited experienced attorney to perform services aware of municipal issues and concerns via ICRMP + access to employees and general public ? meeting current budget limits is questionable ? White, Peterson, Morrow, Gigray, Rossman, Nye &Rossman, P.A. large base of experienced attorneys to perform services + awareness of municipal issues and concerns + access to employees and general public -the Meridian location is good for access if the location is staffed with attorney +/- budget limits ? knows more of the internal issues -concerned about the additional costs for the additional services outside the retainer These are very brief comments but hopefully to the point. Thank you for allowing me to present them to you. JOANN C. BUTLER SANDRA L. CLAPP KELLY M. GARRITY MICHAEL T. SP7NK September l6, 2402 Mayor Robert Corrie and City Council City of Meridian 33 East [daho Meridian, ID 83642 (208) 388-1093 (DIRECT) J BiJTLER@SBC-ATTORNEVS.COM -,.. '° ~.. '~ . ~. Dear Mayor and City Council: During a meeting this past week at the City, I became aware that the City had issued a request for proposals for legal services. At that meeting I mentioned to Mayor Corrie that, in my opinion, the legal services the City is receiving from White Peterson are exemplary. Our firn~ practices before the City in connection with land use matters, which matters constitute a significant area of legal services for the City. I can say with confidence that in each land use matter that we have had in Meridian, White Peterson has carried out the direction of the Council in a thorough and professional manner. I would be happy to answer any questions that the Mayor or the Council may have in this regard. Sincerely, ~- ~~n'~~Jv~'' JoAnn C. Butler JCB:Ia 251 E. FRONT STREET SUITE 200 PO. BOx 639 BOISE, IDAHO 83701 208-388-7000 208-388-1001 (F) W W W.SBC-ATTORNEYS. CONI ~„ MEMORANDUM CITY OF MERIDIAN C/TY CLERK'S OFFICE TO: Mayor Bob Corrie Council Member Tammy de Weerd Council Member Cherie McCandless Council Member Keith Bird Council Member Bill Nary FROM: William G. Berg, Jr. ~,(~~ DATE: Tuesday, September 17, 2002 RE: Update on RFP for Legal Services Yesterday my office received the following documents for the legal services RFP: 3 each for City Attorney /Civil Legal Sevices 3 each for City Prosecutor /Criminal Legal Services These bids will remain sealed and in my office until you decide the procedure to follow. Thanks. CITY OF MERIDIAN August 16, 2002 RFP NO. 02-001 The City of Meridian is requesting proposals for City Attorney / Civil Legal 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 RFP may be obtained from: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP No. 02-001; City Attorney/Civil Legal Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 by 4:00 p.m. on the 16th day of September, 2002. No exceptions. All proposals must be signed. THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGULARITIES IN THE PROPOSALS RECEIVED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CITY. THE CITY WILT, ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE. CITY OF MERIDIAN RFP NO. 02-001 The City of Meridian is requesting proposals for City Attorney/Civil Legal Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP No. 02-001; City Attorney/Civil Legal Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. The successful firm will be required to provide evidence of Professional Liability Insurance (Errors and Omissions), Worker's Compensation Insurance for all employees, and General Liability Insurance in an amount to be determined. Protest of RFP Requirements, Standards, Specifications, or Process: Any Vendor who wishes to protest the requirements, standards, specification or process outlined in this Request for Proposals may submit a written notification to the City of Meridian, to be received no later than five working days prior to the proposal opening. The notification shall state the exact nature of the protest, describing the location of protested portion or clause in the RFP document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The City may deny the protest, require that the RFP be modified, modify the RFP, and/or reject all or part of the protest. Protest of Contractor Selection or Contract Award: Any actual or prospective proposer who is aggrieved in connection with the selection of a contractor or award of the contract may submit a protest to the City of Meridian. The protest shall be submitted within four (4) working days after such aggrieved person knows or should have known the facts, which give rise to the protest. The protest must set forth in specific terms the alleged reason the Vendor selection or contract award is erroneous. 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 Page 1 of 5 City of Meridian RFP No. 02-001 City Attorney I Civil Legal Services. 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 PROPOSAL SUBMITTAL REQUIREMENTS SCOPE OF WORK: The City of Meridian is soliciting proposals from law firms to provide Legal Services as the 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: - Administrative Law - Annexation Law - Condemnation/Eminent Domain - Construction Litigation - Collections and Bad Checks - EEOC; Human Rights Commission - Employer and Income Tax Law; Wages - Employment Law - Environmental Law (including NPDES Clean Air Act, Hazardous Waste, - Evictions - Foreclosures - Franchising/Telecommunications - General Litigation - Planning and Zoning Law - Public Meeting Requirements - Public Records Law - Public Works Contracts - Property Acquisition - Real Estate Law and Benefits Permitting, Clean Water Act, TMDL, and Effluent Trading} - State or Federal Civil Rights Defense - State or Federal Civil Defense - State or Federal Criminal Defense - Unemployment Claims - Water Law - Workers Compensation Page 2 of 5 City of Meridian RFP No. 02-001 City Attorney / Civil Legal Services tight time frames. Please outline your firm's approach and commitment for providing the necessary services in a timely fashion. SECTION IV Cost for Services - Please provide a description of the proposed billing methodology which may be a listing of the personnel (type) to be utilized and the billable rate for each category of staff, a blended rate, retainer, or some other method. SECTION V Description of Prior Experience - Each proposer is requested, without disclosing client sensitive information, to submit a description of prior work done in the area of law for which the proposal is submitted including a description of the preferred method of relating to an institutional client, type and manner of case referral, preferred method of development of case strategy, and historical client cost information. SECTION VI Description of Service to the City - Each proposer is requested to describe its methods of determining that matters handled will be timely, professional, and in accordance with City personnel's expectations, that unnecessary activities will be avoided, that ingenuity and resourcefulness by assigned staff encouraged, and how representing parties with interests adverse to the City avoid will be avoided during the contract term. SECTION VII Other (Optional) - This section is provided to allow for any other information, including alternate retainer agreement language you believe is important to be noted as a part of the selection process. APPENDIX (OPTIONAL) A. Resumes B. Brochures C. Letters of Recommendation D. Other III EVALUATION PROCESS City staff will review and evaluate the responses received against the evaluation criteria listed below. Based on the evaluation of the written proposal by staff, the Contract will be awarded by the City Council. The City Council has final approval and award authority regardless of staff recommendations. A. Evaluation Criteria: The evaluation will be based on the responses received. The City reserves the right to reject any Page 4 of 5 City of Meridian RFP No. 02-001 City Attorney / Civil Legal Services and all responses received if it determines that action to be in its best interest. The following criteria will be considered in evaluating the responses received: 1. Qualifications and Experience of the Firm: This will be evaluated based on the breadth and depth of the firm's recent and relevant experience in the provision of comparable legal services. 2. Qualifications and Experience of the Individuals Who Will Perform the Work: This will be based on the resumes and recent relevant experience of the attorneys who will be working with the City, especially those senior attorneys responsible for directing the services and advice provided to the City. 3. Demonstrated Understanding of the City's Needs: This will give credit to demonstrated insight; suggested approaches, priorities, or areas of emphasis; and innovative, constructive thinking. 4. Cost: The City is keenly interested in overall cost control and will evaluate carefully the proposed cost proposals provided in response to Section IV. Page 5 of 5 City of Meridian RFP No. 02-001 City Attorney / Civil Legal Services MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless ~ ~. - ,~ ~~~', rofy ,.. CITY OF _,~ _.. ~~ ert~tcn . - ~ \~~~ ~~ IDAHO /~ y~cFti j. r LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500•Fax 887-1297 BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 Keith Bird R°~~TR ~ a V~'T:,xcc PLANNING AND ZONING ieoa (208) 884-5533 • Fax 888-6854 September 18, 2002 Mr. David Bieter Mr. Frank Walker Bieter Werth & Walker, PLLC 619 Grove Street Boise, ID 83702 383-0008 fax 383-0311 Re: Request for Proposal for Civil Legal Service Dear Mr. Bieter and Mr. Walker Thank you for responding to the City of Meridian's request for civil legal services. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Wednesday, October 2, 2002 at 6:00 pm at the City Council Chambers at the Meridian City Hall. You will have 25-30 minutes for your presentation and 10-15 minutes for a question and answer period. The City Council asked that you provide professional courtesy and come only at your assigned presentation time. The Mayor and City Council may make deliberate a decision around 8:15 pm that same evening. If you have any questions concerning this presentation, please contact me as soon as possible. Sincerely .~%~~ William G. Berg, Jr. City Clerk 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Oft7ce Fax (208) 888-4218 Human Resources Fax (208) 884-8723 ATTORNEYS & COUNSELORS AT LAW 619 GROVE STREET KETCHUM OFFICE BOISE, IDAHO 83702 208 SPRUCE AVENUE NORTH DAVID H. BIETER DOUGLAS A. WERTH TELEPHONE 208.383.0008 SECOND FLOOR FRANK WALKER FACSIMILE 208.383.0311 POST OFFICE BOX 2360 KETCHUM, IDAHO 83340 WWW.IDAHOATTYS.COM TELEPHONE 208.726.0847 FACSIMILE 208.727.6853 September 16, 2002 RECEIVED SEP 1 6 2002 City of iVleridia~m City Clerk Offie~ SEALED PROPOSAL RFP NO. 02-001 City Attorney/Civil Legal Services for the City of Meridian ~~ ~~~ V V ~~ ~~ `l3L V V Lb~~l~~~ q ~~~ ATTORNEYS & COUNSELORS AT LAW DAVID H. BIETER DOUGLAS A. WERTH FRANK WALKER 619 GROVE STREET BOISE, IDAHO 83702 TELEPHONE 208.383.0008 FACSIMILE 208.383.0311 KETCHUM OFFICE 208 SPRUCE AVENUE NORTH SECOND FLOOR POST OFFICE BOX 2360 KETCHUM, IDAHO 83340 TELEPHONE 208.726.0847 FACSIMILE 208.727.6853 WWW.IDAHOATTYS.COM September 16, 2002 City of Meridian c/o Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Re: RFP No. 02-001; City Attorney/Civil Legal Services Dear Mayor Corrie and City Council Members, Enclosed is Bieter Werth & Walker's response to the City of Meridian's RFP No. 02-001. It is our desire to provide the City of Meridian professional legal services for its civil legal needs and we appreciate the opportunity to respond to a formal request for proposals. The firm of Bieter Werth & Walker formed in the late Summer of 2001. David Bieter, Doug Werth and Frank Walker have known one another since attending law school together in the mid 1980's. Professionally, their careers crossed often while employed by various public entities on the state and local levels. The formation of the firm brought together over forty years of legal experience in local government and administrative law. Moreover, each has been an elected office holder and understands the policy side of local government issues. The City of Meridian is unique for municipal lawyers in many respects. The fact that the City of Meridian provides most city services without contracting those services to outside agencies is attractive to lawyers who enjoy working an a broad variety of issues. The following pages set forth our experience in municipal and local government law and our ability to provide the City of Meridian responsive and high quality professional service. We look forward to the opportunity to serve you and the residents of the City. ce , David Teter i~~ Frank Walker BIETER WERTH & WALKER, PLLC SECTION II Available Staff and Equipment David Bieter and Frank Walker will be the attorneys providing legal services to the City under this contract. Both have extensive experience providing legal service to local governments and either could provide legal service to the City independent of the other. However, the two attorneys will work closely to ensure that the City receives high quality legal representation. The firm does not employ associate attorneys and the City can be assured that its work will be performed by an experienced lawyer. The approach to assigning work to a particular attorney will depend on the particular needs of each elected official and department. With two attorneys equally dedicated to providing legal services, there will be flexibility for the City in obtaining service and legal advice. It is foreseeable that each department will rely upon one attorney as primary counsel with the ability to access a different member of the firm when necessary. The firm also anticipates scheduling regular office time in City Hall to be available to City officials and department heads. Finally, in relation to meetings, it is the practice of the firm to assign different attorneys to the Planning and Zoning Commission and to the Mayor and City Council for land use applications. This insures independent process at each level and a secondary review by another attorney. Douglas Werth is a member of the firm with comparable legal experience in local government matters. While his practice is located in the Wood River Valley, Mr. Werth will be available when needed and will serve as a secondary resource. The service provided by the firm is generally the product of cooperative efforts by its attorneys and supported by years of experience. The firm has adequate clerical staff to meet its present case load. The firm expects to hire an additional clerical assistant to fulfill the demands of this contract. The office is equipped with an integrated computer network with DSL Internet access and Lexix-Nexis legal research services. The office is equipped with the latest technology in relation to word processing and can produce documents in both Microsoft Word and Word Perfect. If the needs of the City require additional computer software, the firm will acquire the necessary programs to fulfill its duties at no cost to the City. SECTION III Responsive Service The City of Meridian will be first priority in the operation of the firm. An attorney will always be available either in person or by telephone, fax or a-mail to respond to any question or situation. The firm will dedicate the time of one attorney position to the City and have two attorneys available to respond to the needs of the City. Meridian Request For Proposal Page 1 A common frustration in attorney/client relationships is the perceived lack of attentiveness to particular projects by the attorney or communication of progress to the client. It will be the practice of the firm to establish and communicate dates or deadlines to the City as to the time work will be completed and delivered. The attorneys in the firm will also prioritize the workload from the City and set realistic dates upon which staff can rely. Communication is critical to a good working relationship and will be first and foremost in our service. SECTION IV. Cost for Service Bieter Werth & Walker proposes legal fees be classified as "Contract Legal Services" and "Additional Legal Services" as currently utilized by the City of Meridian. It is our expectation that the Contract Legal Services be comprehensive and encompass most of the legal services provided to the City including pre-litigation investigation, analysis and recommendations. Contract Legal Services shall include staffing all regular and special City Council and Planning and Zoning Commission meetings and prior preparation; drafting contracts, ordinances, resolutions, findings of fact and conclusions of law for quasi- judicial proceedings and pursuing civil code enforcement actions. The firm will represent the City in judicial reviews of planning and zoning decisions, including appeals before Idaho's appellate courts. The firm will also schedule regular office time for the City in order for the Mayor, Council members and department heads to meet and discuss routine legal matters related to the ongoing business of the City. Additional Legal Services shall include claims for or against the City at the commencement of litigation; major revisions to the Meridian City Code or Comprehensive Plan; judicial confirmation proceedings and services not within the terms and scope of this contract which are requested by the City and approved prior to the commencement of service. Fee for Legal Services. The base monthly professional services fee for the services provided in the Contract for Legal Services shall be thirteen thousand six hundred and fifty dollars ($13,650.00), plus actual costs and out of pocket expenses incurred by the firm on behalf of the City. Costs will be contractually defined and established by the firm and the City and extraordinary costs will require prior approval by the Mayor and City Council. Clerical staff provided by the law firm and legal research assistance shall be included in the monthly professional service fee and not expensed as a cost to the City. The professional services fee is calculated as 35 attorney hours per week at the rate of ninety dollars per hour ($90.00). The fee calculation is an estimation of the time to be dedicated to the City and is not intended to be a "maximum" limit upon the services actually provided or a threshold for additional legal service charges. Meridian Request For Proposal Page 2 Additional legal services authorized by the Mayor and City Council shall be billed at the rate of one hundred and ten dollars ($110.00) per hour, plus actual costs and expenses. The attorneys shall maintain records of the time spent in the performance of the contract on PCLaw software and will provide monthly timesheet reports to the City if requested. SECTION V. Previous Experience The law firm of Bieter Werth & Walker has over 40 years combined experience in administrative and local government law. The following is a description specific to the areas of expertise stated in RFP NO. 02-001. Administrative Law David Bieter has represented cities and counties across the state on a variety of administrative law issues. Frank Walker represented the Idaho Lottery Commission, State Liquor Dispensary and Idaho Athletic Commission as an Idaho Deputy Attorney General from 1990 until 1995. In that capacity he provided general legal counsel to the respective directors, boards and commissions, assisted in the revision of the agencies' rules and regulations and appeared before various state legislative committees on their behalf. Annexation Law David Bieter served as counsel to the City of McCall in a citizen's attempt to de-annex property. The Idaho Supreme Court upheld the decision denying de-annexation. In addition, as a legislator on the House Local Government Committee David Bieter has been a strong advocate of cities in recent attempts to amend Idaho's annexation statutes. Condemnation/Eminent Domain David Bieter represented the City of McCall in litigation involving the condemnation of property for a major public works project, both before and during the condemnation process. Meridian Request For Proposal Page 3 Construction Litigation David Bieter provided legal service on several construction projects for Ada County, the construction of the Bonner County jail and in litigation against the City of McCall on a public works project involving its 180 million gallon sewer ponds. Frank Walker has represented several clients in private practice in actions arising from construction projects. In addition, as an Ada County Commissioner, he participated in the development and construction of the Ada County Courthouse Corridor project and numerous smaller projects. Collection and Bad Checks In private practice, both David Bieter and Frank Walker have represented clients in litigation relating to the collection of debts in both state court and Federal Bankruptcy Court. EEOC; Human Rights Commission David Bieter has handled several cases before the Human Rights commission involving claims of sexual harassment and discrimination. He also provided legal advice and training to Ada County elected officials and its employees on harassment and discrimination in the work place. Frank Walker has defended the State of Idaho in claims filed with the Idaho Human Rights Commission, appeared on behalf of the Ada County Commission in mediation sessions conducted by the Idaho Human Rights Commission and has represented several individuals with private claims filed with the Idaho Human Rights Commission. Employer and Income Tax Law• Wages and Benefits David Bieter successfully represented Ada County in a court trial claiming a violation of the state wage claim act. Frank Walker is well versed in state and federal wage and benefits issues. Ada County's EMS and Sheriff's Department provided ongoing challenges relative to the Fair Labor Standards Act. Employment Law David Bieter handled all aspects of employment law while employed as a deputy prosecuting attorney for Ada and Bonner Counties and as the city attorney for McCall. Meridian Request For Proposal Page 4 Frank Walker represented Idaho Lottery and Liquor Dispensary on employment law claims involving age and gender discrimination and wrongful termination. He routinely dealt with employment law issues as a county commissioner. Environmental Law Both David Bieter and Frank Walker have a working knowledge of environmental law. As a county commissioner, Frank Walker became very familiar with air and water quality issues that local governments encounter in the valley and has worked with the Department of Environmental Quality on numerous occasions. Evictions Frank Walker has represented numerous clients in unlawful detainer actions in Ada County and is well versed in landlord tenant law. Foreclosures In private practice Frank Walker has judicially foreclosed mortgages and foreclosed deeds of trust by notice and sale. He has also obtained deficiency judgments on behalf of clients. Franchising/ Telecommunications David Bieter wrote the RFP and advised the City of Eagle on awarding the franchise for solid waste disposal service. He also represented the City of McCall during the negotiation of its cable television franchise agreement. General Litigation Both David Bieter and Frank Walker have general litigation experience representing both public entities and private individuals and companies. Since forming in August of 2001, the firm has been retained to litigate matters which include quiet title actions, property boundary disputes, personal injury actions, guardianships, appeals to land use decisions, criminal defense and domestic relations. During the time David Bieter served in the Ada County Prosecutor's Office, the county was self insured and handled all civil litigation in house. Planning and Zoning Law David Bieter has handled dozens of planning and zoning cases around the state. This experience includes drafting amendments to comprehensive plans and zoning ordinances, legal defense in land use decisions for Ada and Bonner Counties and the Cities of Eagle, Middleton, Star, McCall, and Kuna. David Bieter successfully argued the Idaho Supreme Court cases of Blaha v. City of Eagle and Adams County v. Bilbao. Meridian Request For Proposal Page 5 He has also lectured for the Idaho Prosecuting Attorney's Association on land use issues. Frank Walker served on the Ada County Board of Commissioners from 1997 until 2001. In that capacity he re-negotiated areas of city impact with every city in Ada County, participated in the complete revision of Ada County's zoning ordinance and participated in over one hundred public hearings on land use applications. Subsequent to his service to the county, Frank Walker was retained by Boise County to assist that county in revising the Boise County Zoning and Subdivision Ordinance. Public Meeting Requirements and Public Record Law David Bieter has routinely advised cities and counties on open meeting and public records issues and successfully defended the City of McCall in a public records challenge in district court. Frank Walker has extensive experience with Idaho's Open Meeting and Public Records Law. As a Deputy Attorney General, Frank Walker was responsible for advising local governments on open meeting and public records matters. In 1994, he brought an enforcement action against the members of the Idaho Senate's Taxation and Local Government Committee for violating Idaho's open meeting statutes. Public Works Contracts David Bieter has drafted contracts and advised public entities on numerous public works projects, including the construction of the Bonner County jail and the construction of amultimillion-dollar sewer storage pond project for the City of McCall. Property Acquisition and Real Estate Law Both David Bieter and Frank Walker practice in the area of Real Estate Law. In regard to public entities, both have advised cities and counties on real estate matters including the statutory requirements for the purchase, sale or lease of real property. State or Federal Civil Riahts Defense David Bieter represented Ada County in several civil rights claims, mostly Section 1983 actions involving elected officials and employees of the Ada County Sheriff's Department. Frank Walker has represented the State of Idaho and private individuals in both state and federal court for claims of sexual harassment and discrimination. Meridian Request For Proposal Page 6 State or Federal Civil Defense David Bieter acted as defense counsel for Ada County and all types of civil litigation. The county was self-insured during the seven years he served as a deputy prosecuting attorney and provided the opportunity to litigate claims ranging from contract disputes to property tax issues. Frank Walker has defended the State of Idaho in U. S. District Court and the Ninth Circuit Court of Appeals in claims arising from the Indian Gaming Regulatory Act and the reapportionment of the Idaho Legislature after the 1990 census. State of Federal Criminal Defense Both David Bieter and Frank Walker have represented defendants in misdemeanor and felony criminal cases in state court. Unemployment Claims David Bieter has handled and is currently handling cases before the Department of Labor and Industrial Commission. As a deputy prosecuting attorney, he successfully defended several unemployment claims against Bonner County by former employees. Water Law Frank Walker has represented individuals in the Snake River Basin Adjudication and understands the administrative nature of the Idaho Department of Water Resources. He participated in the Treasure Valley Hydrological Modeling project while serving as county commissioner and is versed in the issues that face a municipality that provides both municipal water and sewer services. Workers Compensation David Bieter has represented injured workers before the Idaho Industrial Commission. Frank Walker has represented insurance defense companies in workers compensation claims. He is also familiar with risk management. Other Frank Walker has broad experience in election laws and represented the Secretary of State's Office on a variety of issues during his employment as a Deputy Attorney General. Meridian Request For Proposal Page 7 SECTION VI Service to the City Addressing the conflict of interest issue first, the firm has a computerized conflict of interest software program which identifies possible conflicts. Attorneys also meet regularly to discuss potential new clients and causes of action. To date this procedure has worked successfully. If the contract is awarded to this firm, present clients with adverse interests to the City will be informed of the conflict and the conflict will be resolved in an appropriate and professional manner. Thereafter, the firm will interview prospective clients and will avoid representation of clients that conduct business before the City. If a conflict of interest does arise due to unforeseen circumstances, the professional relationship with the private client will be terminated. Moreover, the firm does not currently represent any public entities that could have an adverse interest with the City. In regard to timely responses to work, prioritizing particular projects and avoiding unnecessary work, the firm has a fully integrated calendaring system. Critical dates will not be missed and reminder notices/ticklers will be utilized to keep matters moving within the office. The firm also has a standard filing system based upon the client and matters being handled. The addition of the City of Meridian as a client will undoubtedly require a separate and self-contained filling system that is coordinated with the City's record retention system. Prioritizing work is always a challenge and an art. The firm anticipates that one attorney will be present at City Hall frequently throughout the work week and will communicate frequently with elected officials and department heads about projects and work in progress. Firm meetings are also scheduled early every week to discuss the week's business and deadlines. Unnecessary activities will be avoided. The structure of the proposed fee schedule does not reward unnecessary work or file churning. It will be important for the attorneys to work with department heads to identify work that requires an attorney's attention and work that can be performed within the department. SECTION VII Other Resumes of the Firm's attorneys are attached and references are available upon request. A general description of Bieter Werth & Walker can be located at: www. idahoattys. com Meridian Request For Proposal Page 8 FRANK WALKER 619 Grove Streeter Boise, Idaho 83702 ~ (208) 383-0008 Employment BIETER, WERTH, & WALKER, PPLC. (July 2001- Present) General practice of law with emphasizing litigation, business and employment law, municipal and county law, real estate and zoning law. SAINT ALPHONSUS REGIONAL MEDICAL CENTER (January 2001 -July 2001) Local government and community liaison for market development of the Magic Valley. ADA COUNTY COMMISSIONER (January 1997 -January 2001) One of three executive officers overseeing thirteen (13) county departments and a one hundred million dollar budget; other duties included planning and zoning, development of the Ada County Courthouse Complex, Board of Equalization and member of the Ada County Air Quality Board, COMPASS, Treasure Valley Partnership and the Regional Transportation Authority. WALKER LAW OFFICE (January 1995 -January 1997) Sole practitioner in a general practice emphasizing domestic relations, business and employment law and estate planning. IDAHO DEPUTY ATTORNEY GENERAL (June 1990 -January 1995) Served under Attorneys General Jim Jones and Larry Echohawk; served in the Intergovernmental Affairs and Civil Litigation Divisions representing the Idaho Secretary of State, Lottery Commission, Liquor Dispensary and Athletic Commission; responsible for providing political subdivisions of the state legal advice on a variety of issues including open meeting and public records law. ELLIS, BROWN and SHEILS (1988 - 1990) Associate attorney -General practice of law. DISTRICT COURT -SECOND JUDICIAL DISTRICT (June 1987-June 1988) Law Clerk for District Court Judge John H. Bengston. Education UNIVERSITY OF IDAHO, COLLEGE OF LAW, Moscow, IDAHO Juris Doctor - 1987 -Class Ran: Upper 20% -Recipient of Langroise Scholarship UNIVERSITY OF WASHINGTON, SEATTLE, WASHINGTON BACHELOR OF ARTS (HISTORY AND POLITICAL SCIENCE) - 1983 Other Admitted to Practice: Idaho Courts; Federal Courts, District of Idaho, Ninth Circuit Court of Appeals and U.S. Supreme Court Past Board Member of Big Brothers Big Sisters of Southwest Idaho Married, two children David H. Bieter 804 East State Street Boise, Idaho 83712 (208) 343-2238 EXPERIENCE Bieter Werth & Walker, PLLC, founding member, September 2001 to present Idaho House of Representatives, District 19A, February 1999 to present • Replaced my father, J. Patrick Bieter, after his death • Elected to the same position, November 2000. Moore, Smith, Buxton and Turcke, Boise, Idaho, Associate 1998- 2001 • Represented the Cities of McCall, Eagle, Middleton, Kuna, Horseshoe Bend and Star, as well as individual clients on civil issues • Successfully argued Biaha v. City of Eagle, regarding development applications in areas of impact, before the Idaho Supreme Court Deputy Prosecuting Attorney, Ada County Prosecutor's Office, Civil Division, 1989-1995; 1996- 98 • Wide range of county civil issues, including extensive work in land use law and zoning enforcement, employment law, and civil rights litigation • Successfully argued State v. Bilbao, regarding subdivision regulation enforcement, before the Idaho Supreme Court as Special Deputy Attorney General • Lecturer in county civil issues for the Idaho Prosecuting Attorney s Association • Bar Association's Annual benefit for the Idaho Food Bank Civil Counsel to Bonner County, Sandpoint, Idaho, 1995-96 • Formed office of civil counsel for advising county officials • Represented Bonner County in nearly all civil issues-land use, contracts, solid waste, employment, operation of the County airport, and the county medical indigency program Law Clerk for the Honorable Deborah A. Bail, Fourth District Judge, Ada County, 1986-88 • Assisted in a wide range of criminal and civil cases and drafted opinions and orders • Assisted with moot court and presentations on the law in local high schools EDUCATION University of Idaho College of Law, Juris Doctorate, 1986 • American Jurisprudence Award, Labor Law • Jessup Moot Court Team Member - co-author of Best Memorandum Rock Mtn Regional • Externship with the Honorable Harold L. y Ryan as a second year student College of St. Thomas, St. Paul, Minnesota • Bachelor of Arts, International Studies, 1983 • Coursework at Boise State University and at BSU's Campus In Spain; Fluency in the Spanish and Basque Languages • Dean's List; Varsity Football; Big Brothers/ Big Sisters ]BIET'ER WEIg'f'H ~ WAF,KEI$o PLLC ATTORNEYS & COUNSELORS AT LAW BOISE OFFICE 208 SPRUCE AVENUE NORTH TELEPHONE 208.383.0008 FACSIMILE 208.383.0311 SECOND FLOOR DOUGLAS A. WERTH POST OFFICE BOX 2360 KETCHUM OFFICE TELEPHONE 208.726.0847 WERTHQa IDAHOATTYS.COM KETCHUM, IDAHO 83340 FACSIMILE 208.727.6853 CURRICULUM VITAE OF DOUGLAS A. WERTH EXPERIENCE PRIVATE PRACTICE November 2000 to present; founding attorney of law firm of Bieter, Werth & Walker, PLLC -general practice emphasizing litigation, business and employment law, municipal and county law, real estate and zoning law BLAINE COUNTY PROSECUTING ATTORNEY Appointed 1995; Elected to four-year term 1996 to 2000 -felony prosecution; legal counsel for county and elected officers on civil matters including employment matters, planning & zoning disputes and litigation, and contract review and drafting IDAHO DEPUTY ATTORNEY GENERAL Served from 1992 to August 1995 under Attorneys General EchoHawk and Lance -represented state in appeals to Idaho Supreme Court, Idaho Court of Appeals, and United States Ninth Circuit Court of Appeals; felony prosecution; post-conviction capital litigation PRIVATE PRACTICE Associate from 1990 to 1992 with law firm of Hawley Trolley Ennis & Hawley -general corporate practice including employment law, contracts and litigation CHIEF DEPUTY PROSECUTING ATTORNEY Served in Blaine County Prosecuting Attorney's Office, 1988 to 1989 - litigation of criminal cases; represented county and state agencies in various civil matters LAW CLERK Clerked for the Honorable Charles R. Donaldson, Idaho Supreme Court Justice, 1987 term -legal research on pending appeals; drafting of legal memoranda and opinions for Idaho Supreme Court Curriculum Vitae of Douglas A. Werth Page 2 LAW CLERK Clerked from 1986 to 1987 for the Honorable Daniel C. Hurlbutt, Jr., Idaho District Court Judge -legal research; assisted judge in drafting decisions on pending motions and dispositive decisions TEACHING ASSISTANT University of Idaho, College of Law, 1985 to 1986 -instructed section of first-year law students in practical course emphasizing writing and advocacy skills EDUCATION MASTER OF LAWS (International and Comparative Law), with distinction, 1990 -Georgetown University Law Center, Washington, D.C. JURIS DOCTOR, 1986 University of Idaho, College of Law, Moscow, Idaho Class Rank: top 15 Recipient of Langroise and Idaho Law Foundation Scholarships Best Brief in Region, Jessup International Moot Court Competition BACHELOR OF ARTS (History), 1983 University of Colorado, Boulder, Colorado Mortar Board Honor Society OTHER Admitted to Practice: Idaho Courts; Idaho Federal District Court; United States Ninth Circuit Court of Appeals; Supreme Court of the United States Professional Memberships: Idaho State Bar; American Trial Lawyers Association; Idaho Trial Lawyers Association Bar Exam Grader, Idaho State Bar Appointed by Idaho Supreme Court to its Evidence Rules Committee for 1996 to 2001 term Published Article, "The Hamburg Rules Revisited - A Look at U.S. Options," 22 J. Maritime Law & Commerce 59 (1991) Published Casenotes, County Commentary, Idaho Association of Counties Publication (2001 - 2002) Lecturer on topics including trial procedure, land use and zoning, and criminal procedure R~c~~D ocT - z 2ou2 A Full Service Law Firm CI'A' OF MERIDIAN With Offices in Boise and Ketchum, Idaho Contact by a-mail: David H. Bieter Douglas A. Werth Frank Walker contact@idah oattys.com BOISE OFFICE 619 Grove Street Boise, ID 83702 Tel. 208.383.0008 Fax 208.383.0311 KETCHUM OFFICE 160 Second St. East Suite 107 Ketchum, ID 83340 Tel. 208.726.0847 Fag 208.727.6853 Emphasizing Civil and Criminal Litigation, Reat Estate, Planning and Zoning Law, and Municipal and County Law BIETER WERTH & WALKER is a general practice law firm with offices in Boise and Ketchum, Idaho. Our practice emphasizes zoning and land use proceedings, municipal & county law matters, real property disputes and transactions, and both civil and criminal litigation. We also handle family law cases, personal injury cases and general litigation cases. In addition to their general civil and criminal background and practice, the partners of Bieter Werth & Walker have a combined experience of over three decades in matters affecting state, county and municipal government and zoning and land use planning. David H. Bieter served for over seven years as a deputy in the civil division of the Ada County Prosecutor's Office and in a similar capacity for Bonner County in Sandpoint. During that time he handled all areas of local government and general civil practice and lectured on employment and land use issues. Mr. Bieter has litigated and argued appeals in all Idaho s#ate courts, including several cases before the Idaho Supreme Court, and arguments to the Ninth Circuit Court of Appeals. In private practice for the last 4 years, he has represented counties, municipalities, individuals and businesses in a wide array of matters. Mr. Bieter currently serves as a member of the Idaho House of Representatives. Douglas A. Werth served as Blaine County Prosecuting Attorney from 1995 to 2000. In that capacity he represented the county in many planning and zoning matters and civil lawsui#s, in additional to his criminal prosecution responsibilities. Before that he was in private practice and also served in the Idaho Attorney General's Office. He has handled more that eighty appeals to the Idaho Court of Appeals and Idaho Supreme Court. His practice emphasizes land use and real estate, general business, and civil litigation and criminal defense. Frank Walker served as Ada County Commissioner from 1997 until 2001. In that capacity he dealt with numerous land use issues, municipal area of impact negotiations and a complete overhaul of Ada County's zoning ordinance. Prior to serving on the Ada county commission he was a deputy attorney general for the State of Idaho serving in the intergovernmental affairs and local government division. He was responsible for providing legal advice to local governments and special purpose districts, the Idaho Lottery Commission, the Idaho Liquor Dispensary, the Idaho A#hletic Commission and the election division of the Idaho Secretary of State's Office. ADVANTAGES OF CHOOSING BIETER WERTH & WALKER • WE HAVE 3 EXPERIENCED ATTORNEYS TO HANDLE YOUR WORK • WE WILL NOT ASSIGN ASSOCIATES TO MERIDIAN • EACH OF OUR PARTNERS HAS HELD PUBLIC OFFICE • WE CAN REACT QUICKLY TO YOUR PROBLEMS AT A LOWER PRICE EXPERIENCE Sewer and Water • TMDL renegotiation • Intergovernmental relations DEQ, I DWR, Central District Health • Rate structure and collections • Construction of sewer and water facilities Police and Fire • Employment issues FLSA/EEOC, workers compensation • Civil Rights litigation and tort claims • Advice and training • Procurement Development Services • Drafting amendments to comprehensive plans and zoning ordinances • Defense of land use decisions • Advice and workshops to staff and planning and zoning commission • Re-negotiating areas of city impact • Code enforcement Personnel • Disciplinary actions • Training • Wage and Benefits Administration • Ordinances, contracts, budget • Open Meetings/Public Records • Bidding and purchasing Construction Litigation • Ada County Courthouse Corridor project and numerous smaller projects • McCall --180 million gallon sewer ponds. BASE MONTHLY PROFESSIONAL SERVICES FEE • $13,650.00 per month, plus actual costs • Extraordinary costs will require prior approval by the Mayor and City Council. • Fee is calculated as 35 attorney hours per week at the rate of $90.00 per hour • Hours will be keptand invoiced, but base rate will not change Contract Legal Services • Comprehensive legal services, including re-litigation investigation, analysis and p recommendations • Staffin all regular and special City Council g and Planning and Zoning Commission meetings • Drafting contracts, ordinances, resolutions, and findings of fact and conclusions of law for quasi-judicial proceedings • Code enforcement actions • Judicial reviews of planning and zoning decisions, including appeals to Idaho's appellate courts. • Regular office time at City Hall for the Mayor, Council members and department heads to discuss routine legal matters related to the ongoing business of the City. Additional Legal Services • Includes claims for or against the City at the commencement of litigation • Major revisions to the Meridian City Code or Comprehensive Plan • Judicial confirmation proceedings and services outside Contract Services which are requested by the City and approved prior to the commencement of service. rcevw Doaus kt~ xu~ Pc~p~ WW. P. G~rtwr, h1 T. Gvr Jiau.nM A Snid[.~m,1p Wiu.I+W A I110RROW I.nRAY D. A(0p&g Wtriwr F. N[atari- Q~rcvt~A S. Nre 'Also edmitmd in OR •~ Alao sdmieeQ iaWA WHITE PETERSON WHITE, PETERSON, MORROW, GIGItAY, ROSSMAN, Nn? & ROSSMAN, P.A. P~IDrA. Pen6apt„ F~• y, Ptm rn~ AT11QR1~YS i7 cAW ~c $. R~Snaat TaoD A Rom 5700 E. F7t,~w.~ Rp„ ~~ 20U D'°~ ~' ~~~+Y N~+~. I~HO83687-8402 P,~e~~ S. TnRtoW 7t~tast+csR W~ure'- Ta (208)486.9212 N~eor,,~ c. watex Fnx (206) 466-d4p$ E'~vt ~~peteraon.oom November 8; 2002 FACSlM1LE TRANSM1SS10N To: Fax No. From: Phone: WII Berg, Jr. 888-4218 William F. Nichols 466-9272 M C~.~ L1-12-0~ F MERI ~EC~I~TED NOV - 8 2002 City Of Meridian City Clerk Office You should receive 3 pages of copy including this cov®r sheet. If you do not receive all pages, pl®ase call __ Joey back as soon as possible. Our telephone number is (208) 466- 9272. Thank you. Message: Attached please find a letter regarding the Agie~ement for City Attomey/Civil Legal Services. Please distribute copies to Mayor Corne and the Council. Thank you! This facsimile transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender which is protected by the ATTORNEY- CLIENTPRIVILEGE. This information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents. The original of this faxed document will not be sent unless requested by the recipient. NOU 08 '02 16 05 2084664405 PAGE.01 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN NYE 6~ ROSSMAN , , P.A. ATTORNEYS A7 LAY/ KEVW E. OiNws June K~EIN F' eq PHILt~ A. tETER50N ERICA S. Pafults CANYON PARK AT TI"IE IDAHO CENTEF Wu. F GlGgwr, III T, GUT HAtt.~u )q • Eglc S. ROAN T 5100 EAST FRANKLIN ROAD. SUITE 200 MERlD1AN OFFICE tl30 NORTN ]tALV ~`I'Ri;ST, SUITE 200 , . D, SAxUEL )OHN30N ooD A. Ross-uN DAVID -l. SWwgttEY NAMPq, IDAHO S3681.8402 POST OFFICE eOX I I50 VNauA~ A. blogaow FAwr~.A )• TAqu~a~••• TEL .(208) 966.9272 MERIDIAN, IDAMO d36tlOd 150 ' WlufAa~ F. NlcNas• CI'fAI$TO J TEgaaNCE R Vf/HIrE•• FAX (208) 166.4405 1 P11208) 288.1999 FAX 1203) td8• I I9J YNEq . NYE NICMoIAJ` L. WDUFN •A130 ADLITTF.D !?I Qlt •-ntso nDNrrrF~ w v~ •••ALSO ADUI7TED W G Mr. Mark Freeman Foley, Freeman, Borton ~ Stem Attorneys at Law P.O. Box Z O Meridian, Idaho 83680 PLEASE REPLY TO NAb1PA OFFICE ViA FAX ONLY: 888-5130 Re: Agreement for City Attorney/Civil Legal Services Dear Mark: Just today we received a copy ofthe proposed agreement for services. We have a few requested changes. As we discussed on the phone, we have your permission to provide a copy of this letter to the Mayor and Council as a means to speed up resolution of the issues we have raised regarding the agreement. In Section 2. I, collective bargaining should be added to the definition ofadditional legs] services. I mentioned that in my presentation to the Council, and thought I had reiterated that in my email to you. In Section 2.2, there are four references to City Attorney attendance at meetings. Our proposal contemplated that I would attend the vast majority of those meetings, but not all of them. As currently worded, since Section 2.3 names me specifically as City Attorney, 1 would have to attend all the listed meetings or the firm would be in default. I suggest that in Section 2.2 where the words "City Attorney" appear, that we insert "or his designee (subject to Section 6.4 below) after "City Attorney." That way it is clear that [ do not have to attend all those meetings, but certainly would have to attend the vast majority. Also in Section 2.2, judicial review of planning and zoning decisions is included in retainer services. Although that had been part of our retainer in the past year, it was specifically excluded from our proposal as a service covered by the monthly retainer. That phrase, which appeazs about two thirds of the way down on page 3, should be deleted. rE~Llall: wjn@whttepetrrsua.eom November 8, 2002 t~U 08 '02 16 07 2084664405 PAGE.01 Mr. Mark Freeman November 8, 2002 Page Two There was nothing in the requests for proposal regarding insurance requirements. We maintain $2,000,000 in malpractice coverage through ALPS, a 82,000,000 general liability policy, and worker's compensation insurance. We propose to modify that Section to fit what we already have. We are willing to include Section 8, regarding indemnity, but ask that it either be modified to be a mutual indemnification clause, or add a reciprocal indemnification clause to the agreement so that the firm is indemnified for the City's acts or omissions as well. In the notice section at I I.4, please add "Suite 200" to the address. Lastly, there are a few misspellings of"Peterson" where it says "Petersen." Those should be corrected. I invite you to call me to discuss this. Thank you. Sincerely, WHITE PETERSON William F, ichols cc: Mayor Cowie Council President deWeerd Councilman 13ird Councilwoman McCandless Councilman Nary City Clerk NOU 08 '02 16 06 2084664405 PAGE.02 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird • - ...;,~. ~ -. .: n` ry ~:;< ~+ -.~ ._ `~~ erl~icn _ `~ , IDAHO j F ~% Ceti LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500•Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 l • Fax 887-1297 RF ~~ ~R ~ i SINLE PLANNING AND ZONING 190a (208) 884-5533 • Fax 888-6854 September 78, 2002 Mr. Terrence R. White White, Peterson, Mon'ow, Gigray, Rossman, Nye &Rossman, P.A. 5700 East Franklin Road, Suite 200 Nampa, ID 83687 466-9272 fax 466-4405 Re: Request for Proposal for Civil Legal Service Dear Mr. White Thank you for responding to the City of Meridian's request for civil legal services. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Wednesday, October 2, 2002 at 7:30 pm at the City Council Chambers at the Meridian City Hall. You will have 25-30 minutes for your presentation and 10-15 minutes for a question and answer period. The City Council asked that you provide professional courtesy and come only at your assigned presentation time. The Mayor and City Council may make deliberate a decision around 8:15 pm that same evening. If you have any questions concerning this presentation, please contact me as soon as possible. Sincerely ~+%G~/ William G. Berg, Jr. City Clerk 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 884 872 3 White, Peterson, Pruss, Morrow & Gigray Attorneys Monthly billing of $40,000 is for 1 City Attorney & 2 Prosecutors Civil = 46% 18,400 split per Prosecution = 54% 21,600 Bill Nichols 4/20/01 Dept % Account Code General Fund 55% 01-1840-55106 Prosecution 21,500 01-1840-55106 P&Z 40% 50-1910-55106 Water 2% 60-3400-55106 WWTP 3% 60-3500-55106 TOTAL White, Peterson breakdown for FY2002 @ $40,OOOper mo FY2002 cost for the year FY2002 Budget $ 10,175.00 $ 380,100.00 390,000.00 $ 21,500.00 $ 7,400.00 $ 88,800.00 90,000.00 $ 370.00 $ 4,440.00 5,000.00 $ 555.00 $ 6,660.00 25,000.00 $ 40,000.00 $ 480,000.00 510,000.00 x12 months 480,000.00 4b ~~ ~~ ~o >, N O Q ~, t6 _~ 0 o tq h a c 0 a~ a~ a w >L O O N d' O N U aZ vii m 0 V O O N ~ CO O ~ ` N a N N O w Q U 0 o ~ h n O o O O ~ 7 O ~~ ~ ~> O o U a rn c :n a c O H M W O G N mt}L 4 w. ~ y ~ y i+L+ ~ V ~ ~ v 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r O~ O N N M~~ON ~ N 0 0 0 0 0 00000 0 0 0 N M N~N~~ N ~ ~ ~ 0 ~ N 0 0 0 0 ~! M tq 0 0 0 O 0 o M 0 0 0 0 0 0 O C10 ti000f~ 0 LO y0 ~ N e d M 0000N O ti A M M O O '''O C O ~ 0 CO01~M0 O ~O V~ O N f~ _ ~ ~ N E N O ~ ~ ~ X O 0 0 0 0 N ~,,, O 000 0 y p 0 ~ 0 0 0 0 0 O O O O 0 0 O N 7 0 0 O O ~ to 0 O ILm M O N ~ ~ O O O O O O O O O O G1 ~ O 000 O O~tCO 0 O N d ~ ~~h(fl 0 ~~b0? O O M9 b ~ ~~ a v 0 0 0 0 0 0 0 O ~ ~ E 0 0 0 0 0 0 fn ~ L o as w 0 0 0 0 0 r~ooti~n 0 o 00 3 N ~ 0~ M ~ G y 0 0 ~ ~ O ~}O ~~ ~ ~ ~'cr N ~ t ~ ~ ~ 0 . ` v _N X CO CO CO CC CO O O O O O C ~ ~ r r .- .- r- ~ ~ ~ ~ ~ ~° °OV ° ° ~C) v ° o o oorn~~ ~ ~ ~ ~ M M ~ 00~~C00 V o D o 0 0 U Q e 0 O N M 0 ~ ~ O N ~ c a ~ '_"~ Gt D ~ V L a J ~ y N ~ ~ ~ C~aa~ ~ O O O O O O O O O O O O O O O O 11y r O 1~9 N M O tG M M 1~ M M N N 0 O O LL'G~~ m m m C N ~•~ ~ ~ J V ~ V V C ~p d c rL+ y ~ O ~ a N O c~ v c c~ rn C N O 0 N fA C O y N d y 0 0 J H 0 H w N b.~ o ~ cv ~~ M~-4 0 ~ ,~ W M i= Ci U w o~ W ~ ~ -~ ~~ WHITE PETERSt7N ~'Jhite, Peterson, Morrow, Gigray, Rosman, Nye & Rosman, P.A. Attorneys at Law a 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83687-8402 (208)466-9272 City of Meridian 33 East Idaho Avenue BILLING DATF~ Meridian, (D 83642-2631 ACC'"t, NO.: Attn: Accounts Payable RE: Civil DATE PROFESStON.AL SERVICES RENDERED [ND1V ~'IniE 06/26'02 "to Pocatello to attend AIC Conference WFN 4.00 06/2Tp2 Attend first day of AIC Conference WFN 7.00 06I28i02 Attend Idaho Municpal Attorneys meeting WFN 7.00 Ob 29/02 Return to I~'ampa from AIC Conference ~~'FN 4.00 07/01/02 To Boise; attend joint City Council/ACRD WFN 2.00 workshop; return 07!01/02 TC Maria at Idaho State Police re: background ~~'FN 0?5 check ordinance; Instructions to legal assistant 07/01 /02 TC Will Berg re: alcohol in the park at Generations ~k'FN 0.25 Plaza for special event 07!02102 EZeview tiles WFN 0.25 07/02/OZ Instructions to legal assistant re: Clerk background WFN 0.25 check ordinance 07/02/02 To Meridian: review con-espondence regarding WFN 0.25 Empire Technology demand 07!02/02 TC Eric Davis of Eastbourne Investmenst re: cost WFN 0.25 sharing agreement 07/02; 02 Review Council packet, prepare for council meeting WFN 1.50 07/02/02 Attend Council meeting WFN 4.00 07/02/02 Organize c/c packet items MS 1.00 07/03/02 Instructions to legal assistant re: fence regulation ~VFN 0.25 waiver ordinance 07/OS/02 To Meridian; review survey on PW, PZ and BD WFN 1.50 07/09/02 Instructions to legal assistant re: agreement ~~ith WFN 0.25 Eastbourne Investment to reimburse one half of 07/31/02 WFN-15360.01 A f nanee charge of I.5% per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made_ WHITE PETIJRS+ON City of Meridian PAGE: L 33 East Idaho Avenue t3ILL[NG DATE: 07/31/02 Meridian, ID 83642-2631 ACCT NO.: WFN-1 X360.01 DATE PROFESSIONAL SERVICES RENDERED IND[v T[!~`IE study costs 07/09/02 Review LID tile; Instructions to legal assistant WFN 02~ 07/09/02 Attend Special Council meeting on customer sut~~ey W'FN 1.7~ 07/10/02 TC Pat Harding re: Epilepsy Foundation and beer WFN 02~ permit 07!10/02 Review Beer perniit issued by State Police to WFN 02~ Epilepsy Foundation; review City Code 07/10/02 TC Sharon Smith, discuss Epilepsy Foundation ~l'FN 0.25 permit; TC Pat Harding re: status of response to his inquiry 07/10/02 Continue research on alcohol issue ~'FN 1.00 07/1 I /02 Revie«- message re: alcoholic beverage issue; send WFN 025 message to Deputy City Clerk 07/1 1/02 TC Teny Copple attorney for Farmer's and \~ FN 02~ Merchants State Ban!: re: exchange of property 07/11/02 To Meridian; Conf with Mayor Corrie WFN 1.25 07/1 S/02 To Meridian; conf with Mayor Corrie WFN 0.75 07/15/02 Misc; memo to partners re: prosecution WFN 0.75 07/15/02 Prepare resolution and certificate for fascimile; MS 1.25 signatures for c/c meeting final and get to city hall and email 07/16/02 Attend Budget workshop WFN 2.00 07/16/02 Prepare for council meeting; attend regular council WFN 6.50 meeting 07/17/02 Attend City Council Budget workshop meeting WFN 4.00 07/17/02 OC Eric Davis re: reimbursement agreement for WFN 025 Eastbourne and the Ten Mile interchange area study 07/18/02 Research WFN 1.00 A finance charge of l .~% per month; compounded monthly, (19,6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other an-angements have been made. WHITE PETERSON 1>.a~E: City of Meridian 33 East Idaho Avenue BILLING DATE: 07%31%02 Meridian, ID 83642-2631 ACC'TNO,_ WIN-15360.01 DATE PROFESSIONAL SERVICES RENDERED IND1V TIME 07/18/02 Review draft agenda for July 23 meeting; send WFN 0.2~ message to Deputy City Clerk with proposed amended language for Agenda regarding proposed exchan~~e of old fire station property 07i ].8102 TC Eric Davis re: agreement with Retail West and WFN 025 payment schedule 07/19.`02 TC Gary Smith re: miscellaneous W'FN 025 07/19102 Review meeting agenda; message to deputy city WFN 0.50 clerk 0 ii 19/02 Prepare draft of letter to Mark Estess of the Ada MS 1.00 County Assoe. of Realtors re: Meridian Park Impact Fee Ordinance and fmatize and send 07/22/02 Work on Water and Sewer rate schedule Wf=N 2.00 07/23/02 Review message from Public Works Dept re: WFN 0.25 ordinance revisions; reply to message 07/23/02 To Boise; examine Boise City Council meeting to WFN 2.50 see alternative methods for handling agenda items including ordinances, etc. 07/23/02 Review memo from Bruce Freckleton regarding WFN 0.25 Empire Consulting and the claim for damages; TC Bruce Freckleton re: additional damages 07/23/02 TC Mayor CoiTie re: meeting agenda items WFN 0.25 07/23/02 Prepare for and attend City Council Meeting WFN 5.00 07/24/02 Research issue of donation ~'FN 0.50 07/24/02 Bristol Heights matter VdFN 0.75 07/24/02 TC Tonya Bowers re: settlement; message to mayor WFN 0.75 and council; review message from Finance Director; message to Finance Director 07/25/02 Review message from Mayor's assistant re: MUBS WFN 0.25 A finance charge of 1.5% per month, compounded monthly, (19.6°/o APR) is charged on any balance remaining after the last day of the month in which the statement is sent; unless other arrangements have been made. VVHI'TE PETERSON City of Meridian 33 East Idaho Avenue Meridian, ID 83642-26 ~ 1 BILLING DATE ACCZ~ NO.: PAGE: 4 07/31 /02 WFN-15360.01 DATE PROFESS[ONAL SERVICES RENDERED problem with water turnoff; reply to Mayor's assistant 0712/02 Review and revise Order Granting ~~'alt Morrow's appeal 07/25/02 Work on release for Bowers claim 07/31/02 MONTHLY RETAINER FEE Tota! of New Services: 540,000.00 New Hours: 71.50 DATE PAl'~~IENT 07!08/02 Thank you Total of New Pa~~n~ents: 540,000.00 INDIV TI1iE WFN 0.~0 ~VF'N 0.25 WFN 40,00.00 An'IOUNT 40,000.00 A !`f`ll~iA?T CTiA~lM11 ~ Ol' PREVIOUS BALANCE: 0.00 NEW SERVICES: 40,000.00 NEW EXPENSES: 0.00 NEW PAYMENTS: 40,000.00 TOT. CURRENT PERIOD: 40,000.00 CURRENT BALANCE: $0.00 A finance charge of 1.5% per month, compounded monthly, (19.6% APEZ} is charged on any balance remaining after the last day of the month in which the statement is sent, unless other an-angements have been made. WHITE PETERSON White, Peterson, Morrow, Gigray, Rosman, Nye &, Rossn~-an, P.A. Attorneys at Law ' 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83687-5402 (208) 466-9272 City of Meridian 33 East Idaho Avenue BILLING DATE: 07/31 /02 Meridian, ID 83642-2631 .ACCT NO.: WFN-15360.03 Attn: Accounting Department RE: Planning c~ Zoning DA"I'E PROFESSIONAL SERVICES RENDERED INDIV TIME 06/26'02 To Meridian; Review and approve documents to be WFN 0.50 sent to City Hall; Instructions to legal assistant 06/26/02 Prepare packet to send to D_ McKinnon; draft NLW 2.10 motions; review minutes from 6/20,02 hearing; conference with LY re: upcoming hearings; conference with WFN re: hei~lu restrictor dilema; revise motion re: Sutherland Farnz; review Sutherland preliminary plat; telephone conference with D. McKinnon re: concerns 06/28/02 Draft cover letter to D. McKinnon; prepare to send NLW 1.30 packet; review building code guidelines re: building restrictions; review Sutherland Farm preliminary plat inforniation; revise recommendation per staff and hearing 07/01/02 To Meridian; review email re: Tramore; review WFN 0.50 minutes on Marlin Sub PP re: freeway berni 07/01 /02 Review files from 6/20 meeting for motion material; NLW 1.60 notes on upcoming topics; call to D. McKimion re: several P & Z topics; complete motions and submit to LY; meetuig with WFN re: several issues arising 07/01/02 Review Tramore files; review Sharon Gullivan's MS 1.75 email re: her notations; email clerk's office re: Bear Creek well lease; prepare plan resolution and final cover letter 07/02/02 Conf with CSN re: Kodiak Development lawsuit WFN 0.50 07/02/02 Reply to email from Shari Stiles WFN 0.25 07/02/02 Review position statement from Tuscany Lakes WFN 0.25 A finance charge of 1.5°io per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other an-angernents have been made. WHITE PETERSON City of Meridian 33 East Idaho Avenue Meridi an, ID 83642-2631 B1LLwG DATF acc~r No.: DATE PROFESSIONAL SERVICES RENDERED INDIA' TI~'IE planner 07/02/02 Review and revise draft of ordinance amending WFN 025 fence variance procedures 07/02!02 Review Council packets before Council meeting; WFN 1.00 research state statute on ligour license location 07/02/02 Review CLE material on planning and land use NLW 0.60 issues 07/02/02 Email strategic plan resolution; email clerk's office MS 1.50 re: Bear Creek will lease; prepare drafts of Treasure Valley and Bridgeton-er; review notes 07/03/02 Conf with legal assistant re: findings and final WFN 0.50 orders to be prepared 07/03;02 Present utility subdivision materials to MSG; review NLW 0.30 Sutherland Fann material 07/03/02 Memo to Mayor; letter to Steve Bradbury re: MS 1.75 lease purchase agreement for Treasure Valley; letter to Berg re: Sundance Company; Bridgetower Crossing FP orders; revise page 14 of agreement for Berk1_ey Square 07/05/02 Review and revise Orders on Final Plats VI~FN 0.50 07/07/02 Second review of Customer Survey Results; notes to WFN 3.00 file 07/08/02 Meeting with LY re: motions and reconunendations, NLW 0.70 denial of utility and specific grounds for denial; review material re: Sutherland Farni proposal 07/08/02 Send revised Berkley Square agreement to Berg; MS 2.75 email to Sharon re: Ceder Springs; prepare documents in LDS Stake and review c/c minutes 07/09/02 Revie~c~ draft PZ budget WFN 0.25 A finance charge of l .5% per month, compounded monthly, (19,b% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. PAGE: 2 07/31 /02 V~FN-1 ~360.03 WH1TE PE"CERSON City of Meridian 33 East Idaho Avenue Meridi an, 1D 83642-263 I B[Lt[NG DATE ACCT NO.: DATE PROFESSIO!~'AL SERVICES RENDERED INDIA' Tll~IE 07/09/02 TC Bruce Freckleton re: PZ Recommendations ~"FN 0.23 07/09/02 Review and revise Findings for Blumacs CUP ~rFN 0.50 07/09!02 Review and revise Ordinance sununary for LDS ~.VFN 025 Church aiulexation on Ustick 07/09/02 Review and approve draft of Findings for Cedar 1~'FN 025 Springs and Sundance final plats 07!09!02 Preparation for Thursday's meetin~T NLtV O.Sp 07/09/02 Letter to Ashley Ford in Marlin Subdivision PP on MS 4.50 her position statement; copy and give to Shari; revise Tramore Subdivision CUP findings; Sundance Subdivision order; prepare Blumone's CUP denial 07!10%02 Research re: other jurisdiction's findings, p and z uTN 0.50 recommendations, etc 07/10/02 To Meridian; attend meeting with Mayor Corrie, w'FN 1.25 Shari, Bruce Freckleton, Dave McKimion and Nick Wollen re: Planning and Zoning Reconunendations 07/10!0' Draft memo to Mayor re: Recommendations; VbTN 0?5 Instructions to legal assistant 07/10/02 Review material for tomorrow's hearing; meet with NLVI' 3.30 WFN re: lunch meeting with staff; meeting with Mayor and P & Z staff re: ideas for improvement of process; meeting with WFN re: updated procedures 07/10/02 Fax revised CUP FF/CL to JoAm1 Butter; send to MS 4.50 clerk's office and to Shari Sundance the order; send Blumac's CUP and denial; send LDS stake documents to clerk and Gary and Shari; prepare drafts of Cole Valley Christian CUP FF/CI and order and Imaging Center VAR denial and review c/c minutes; discuss with Shari items for c/c and the A finance charge of 1.5% per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. PAGE: 3 07/31 /02 WFN-15360.03 ~~'HITE PETERSON City of Meridian ~3 East Idaho Avenue BiLLrn`G DATE: Meridian, ID 8362-2631 ACCT NO.: llATE PROFESSIONAL SERVICES RENDERED INDIV TIh1E meeting recently held with Mayor, WFN, NLW, Shari and D~wIS; email Shari S. 07/I 1!02 Review and revise Order denying Sign t-~ariance ~~'FN 0.2~ 07/I I/02 Review and approve CUP documents for Cole WFIV 0.2~ Valley School 07/1 1 /02 Review records from June 20th meeting; submit to ?~1LW 8,10 LY for minor revisions; review of material for tonight's meeting; review hearing matters: attend Bearing 07.11/02 Send to clerk's office, Gary and Saari, Cole Valley I~1S 1.75 Chrisitan CUP FF/CL order and Ima in Cente g g r; review email from clerk's office re: draft of c/c and 7/16 meeting; email Dhsron Smith re: requesting June 24 c!c minutes and print out Junel S and June 2nd minutes to those meeting; prepare P & Z pacl~et items 07/12/02 Review Tramore files; draft letter to JoAm~ Butler's WFN 1.00 paralegal; Instructions to legal assistant 07/12/02 Instructions to legal assistant re: revised pages to WFN 0.25 findings; memo to Will Berg, Jr. 07/12/02 Review notes; review concerns re: multiple NLW 0.60 development contracts 07/12/02 Revise LDS Stake AZ order; email to clerk and MS 3.50 Shari; read Liz's recommendations for P 8; Z; revise same; review Brad H-C's continents of the records for Sutherland and Utility Subdivision; prepare documents; telephone conference with Brad H-C on Tramore status; memo to Shari and Bruce re: records and findings; prepare and revise memo to Mayor, Shari, McKinnon, B. Freckleton and NLW; A finance charge of L~% per month, compounded monthly, {1.9,6% APK) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made, PAGE: 4 07/31 /02 WFN-15360.03 WH[TE PETERSON City of Meridian 33 East Idaho Avenue B[LLING vATE Meridian, ID 83642-2631 ACCT No. DATE PROFESSIONAL SERVICES RENDERED INDIV TIME make copies; prepare letter to Derick O'Neil; email cover memo to clerk's office; make revisions 07/15/02 Review and respond ro message from Brad Hawkins WFN 0.25 Clark re: proposed condominium development 07!15/02 Memo to CSN re: Kodiak development lawsuit WFN 0.25 07/15/02 Instructions to NLW re: w~ordin~ for WFN 0.25 recommendations on Subway in Magic View Sub 07/15/02 Recommendations for 7i1 1'02 meeting; email I~'LW 2.60 question to WFN re: Subway rezoning; meet with WFN re: Blumec's denial; review findings of fact and conclusions of law in Blumacs; review several issues from last week's meeting 07/15/02 Review email; review email from Clerk's office re: MS 2.00 Locust Grove Place; PP and email and hand deliver the AZ and PP documents in this matter to clerk's office; prepare letter to Sharon Sullivan with c/c to Brad H-C on Tramore CUP FF/CC; prepare draft of Ten Mile Interchange agreement 07/16/02 Review letter from Mike Spink re: Packard Estates WFN 0.25 and Wingate Lane; draft letter to the Mayor and Council 07/16/02 Review of 7/11 minutes; call to MSG re: material NLW 0.50 for Thursday's meeting 07/16/02 Final Ten Mile Interchange agreement; prepare MS 2.00 cover letter to City Hall and emailed letter to Mayor; prepare draft re: Wingate Lane-Packard Estates and final; organize c/c packet items 07/18/02 TC Shari Stiles re: area of impact boundary WFN 0.25 amendment for Capital Development 07/15/02 TC Tucker Johnson re: signatures on plat for Vienna WFN 0.25 A finance charge of LJ% per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. PAGE: ~ 07/31 /02 WFN-1 ~360.03 WHITE PETERSON City of Meridian 33 East Idaho Avenue BII.L[NG DATE Meridian, ID 53642-2631 ACCT NO.: DATE PROFESSIO\'.AL SERVICES RENDERED INDIV TIME Woods no. 6 07/18/02 Prepare for tonight's meeting; review files; attend NLW 6.00 meetings 07/18/02 Organize P & Z items; revise Blumac's CUP denial MS 0.30 FF and send to clerk and Shari 07/19/02 To Meridian; Review and revise Final Plat Orders V~IFN 0.50 for Berkley Square, Vienna Woods No. 6, and Cooper Canyon 07//9/02 Review and revise Final Plat Order for Heritage WFN 0.25 Commons; Instructions to legal assistant 07/19/02 Prepare drafts of FP's for Berkley Square, Cooper MS 3.50 Canyon Subdivision, Vieima Woods and final email and hand deliver to clerk's office; prepare draft to H. Moore's consent to annex aereement and email to clerk and G. Smith after tinalizin~; read clerk's y email 07/22/02 Review message from legal assistant re: WFN 0 25 . Development Agreement for Sutherland Farms; research; Instructions to legal assistant 07/22/02 TC JoArm Butler re: Capital Development; TC Will WFN 0.50 Berg 07/22/02 Review and revise findings for Wang variance WFN 0.50 07/22/02 Email Steve Bradbury re: Touch.mark's MS 0.25 lease/purchase agrement 07/23/02 Review revised Findings for Wang Variance denial WFN 0 25 . 07/23/02 Review and revise draft of Findings for Annexation WFN 0.50 for Sutherland Farm 07/23/02 Review and revise findings for Sutherland WFN 0.25 07/23/02 Review P R. Z matters; meet with WFN and new NLW 1.00 A finance charge of I .~% per month, compounded monthly, (19.6°/o APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been rYZade, PAGE: h 07/31/02 WFN-1 ~ 360.03 WHITE PPTERSON City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 DATE PROFESSIONAL SER~TCES RENDERED INDIV employee 07/23/02 Prepare draft of TE for Waltman and FP order for MS Heritage Commons; finalize both and prepare cover letters and email to clerk and Shari and Gary 07/24!02 Read email from Shari Stiles; begin drafts of MS Sutherland PP findings, CUP findings and denial A7 findin~~s for utility subdivision; finalize PP fimn 07/25/02 Revie«- and revise PP findings for Sutherland Farn~ ~~~FN 07/25;02 Review and revise CUP findings for Sutherland ~tiFN Farm 07/25/02 Review and revise AZ denial findings for Falcon IVEN Creek Development for Utility Sub 07/25/02 TC Kelly Garrity attorney for Yorgason re: hearings ~'FN 07/25/02 Draft revisions; meet with Brian O. re: training for NLW submitting formal recommendations; review hearing minutes 07/25!02 Review email from D. Smith from the clerk's office MS re: Sundance PP FF/CL and respond; review clerk's emails re: Sundance PP findings; discussion with Steve Arnold re: revisions 07/26/02 Finalize Sutherlan CUP findings and utility MS subdivision AZ findings denial; prepare cover memos and email and hand deliver to clerk; read email and respond to Shari Stiles on the Van Auker D.A.; discussion with Steve on Sundance PP Total of New Services: Included in other fee arrangement. Ne~~~ Hours: 89.05 sr}_t.rN~ DATE: ACCT NO.: TIM1IE. 1.00 4.75 0.25 0.25 0.2~ 0.25 2.30 1.25 2.00 A finance charge of 1.5°lo per month, compounded monthly, (] 9.6°ro APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. PAGE: 7 07/31/02 ~'ijFN-15360.03 WHITE PETERSON City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 PAGE: 8 B[LLiNG DATli: 07/31!02 ACC'T' NO.: WI=N-1 ~3G0.03 a('('~)iiNT cr*n~ni,vv 1\ 1 PREVIOUS BALANCE. 0.00 NEtI% SERVICES: 0.00 NEW EXPENSES: 0.00 NEW PA~'l`4ENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CURRENT BALANCE: $(L00 A finance charge of L~% per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other an-an~ements have been made. WHITE PETERSON White, Peterson, Mon-ow, Gigray, Rosman, Nye & Rosman, I'.A. Attorneys at Law 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83687-8402 (208) 466-9272 City of Meridian 33 East Idaho Avenue B[LL(NG DATE Meridian, ID 83642-263 I ACCT No.: Attn: Accounting Department RE: Building Department DATE PROFESSIONAL SERVICES RENDERER INDIV TIME 07/OU02 Review Apeman non-annexation and prepare for MS 0.~0 final 07/02/02 Letter to Gary Smith re: sending originals of MS 1.00 Apeman non-annexation agreement; prepare draft of Liniux severfor PH2 to Janet Cross 07/03/02 Final Letter to Janet Cross re: Public Works PT MS 0.50 Win/Lineup server and mail; email to Bruce re: well lease for I~ouchmack Living Centers 07/12/02 Review email re: water and sewer rates MS 02~ 07/18/02 Review G. Smith email re: legal nn W.H. Moore's MS 0.2~ 58 acre parcel for consent to annexation Total of Ne~~ Services: Included in other fee arrangement. Ne~~ Hours: 2.50 07/31 /02 WFN-15360.04 A C'(`(lT TNT CT il\~TA~T ~ n v ~~ . PREVIOUS BALANCE: 0.00 NEW SERVICES: 0.00 NEW EXPENSES: 0.00. NEW PAYMENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CURREi\'T BALANCE: $0.00 A finance charge of 1 .~% per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other an-angements have been made, WHITE PETERSON White, Peterson, Morrow, Gigray, Rosman, Nye c~: Rosman, P.A. Attorneys at Law X700 E. Franklin Road, Suite 200 Nampa, Idaho 83687-8402 (208) 466-9272 City of Meridian 33 East Idaho Avenue [3I[.LtNG DATE Meridian, ID 83642-2631 ACCT NO.: Attn: Accounting Department RE: Water Department DATE PROFESSIONAL SERVICES RENDERED [Nlll~' 1'[11E 07/02/02 Review and revise Resolution for Water and Sewer ~~'EN 0.75 fees; Review and revise draft ordinance; Instructions to legal assistant re: resolution; review code; message to Brad Watson and Gary Smith 07/03/02 Review and revise Touclunark well site lease WFN 025 07/12/02 Instructions to legal assistant re: water rate increase i4%FN 0.~5 ordinance and resolution 07/1102 Instructions to legal assistant re: ordinance revision WFN 0.25 07/23/02 Review message re: sewer rate on coimection fee WFN 0.25 07/25/02 Email water/sewer resolution and schedule MS 025 Total of Ne ~ti Services: Included in other fee arrangement. New Hours: 2.00 07/3 V02 WF N-15360.05 errnrrn•-r crrnani ~ ov Al\ 1 PREVIOUS BALANCE: 0.00 NEVd SERVICES: 0.00 NEW EXPENSES: 0.00 NEW PAI MENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CURRENT BALANCE: $0.00 A finance charge of l .S% per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made, WHITE PETERSON White, Peterson, Morrow, Gigray, Rosman, Nye & Rossrnan, P.A. Attorneys at Law 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83657-8402 (208)466-9272 City of Meridian 33 East Idaho Avenue Bli.t.tNG DATE Meridian, ID 83642-2631 ACC'1 NO.: Attn: Accounting Department RE: S e~a~er Department DATE PROFESSIONAL SERVICES RENDERED INDII' TI~~IE 07102102 Instructions to legal assistant re: revisions to non U'FN 0,25 annexation agreement for Vern Apeman and distribution of agreement 07/09;02 Instructions to legal assistant re: agreement with WFN 0.25 ~~'oodbridge for sewer latecomers' fees 07,'23/02 Review Message from Brad Watson re: sewer ~~`FN 0.25 easement Total of N e~~ Ser~~ices: Inetuded in other fee arrangement. N ew Hours: 0.7~ 07/31!02 WFN- 15360.06 f1('(`(l I '~ T C [ r n~ ~~r ,~ o ~~ PKEVIOUS BALANCE: 0.00 NEW SER~~'ICES: 0.00 NEW EXPENSES: 0.00 NEW" PAYMENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CURRENT BALANCE: $0.00 A finance charge of 1.5% per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. «'HITE PETERSON White, i'eterson, Morrow, Gigray, Rossman, Iv1ye & Rosman, P.A, Attorneys at Law 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83687-8402 (208) 466-9272 City of Meridian 33 East Idaho Avenue Btt_LtNG DATE; 07/3002 Meridian, ID 83642-2631 ACCT NO.: VVI~N-15360.08 Attn: Accounting Department RE: Parks Department DATE PROFESSIONAL SERVICES RE?~~DERED INDIV T['~'IE 07/01/02 TC Tom Kuntz re: Chamber lease WFN 0.25 07/02/02 Fax encrochment a~=regiment to Tom Kintz and MS 0.?~ David Short 07/09/02 Attend special meeting at Storey Park WFN 1.00 07/09/02 Review files on impact fees; Review letter from WFN 1.00 Realtors Assn on impact fees; research 07,16/02 Return call to Tom Kuntz, left message re: park a-'FN 025 impact fees 07/lb/02 Review forestry ordinance WFN 0.~0 07/16/02 Finish review of Forestry ordinance; draft memo to V~'FN 0.50 Elroy Huff regardin<~ Forestry Ordinance and policy issues. 07/17/02 Review existing impact fee ordinance and deteirnine ~~~FN 1.00 areas that need revision per new state code. 07/19/02 Review letter and enclosure from Mark Estess re: ~?~'FN 0.7 park impact fee ordinance; draft letter to Estess 07/19/02 Review notes in ale re: impact fee ordinance and WFN 1.00 Estes memo; pots to file 07/25/02 TC Tom Kunta re: Sundance Sub and Park Impact WFN 0.2~ Fees 07/26/02 Save free ordinance to ordinance folder for future MS 0.25 use Total. of Ne w Services: Included in other fee arrangement. New flours: 7.00 A finance charge of I .~% per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other an-angements have been made. V~'NITE PETERSON City of Meridian 33 East [daho Avenue Meridian, ID 53642-2631 PAGE: ? BILLING DA'L'E: 07/31/02 ACCT NO.: «~FN-1 ~360.0~ a~rnr ins- crT~~~-r,. nv All 1 PREVIOUS BALANCE: 0 00 NE~'l' SERVICES: 0.00 NEw EXPENSES: 0.00 NEW PAYMENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CURRENT BALANCE: $0.00 A finance charge of l.~% per month, compounded monkhly, (19.6% A1'R) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. VVH[TE PETERSON White, Peterson, Morro~~, Gigray, Rossrnan, Nye & Rossman, P.A. Attorneys at Law 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83687-8402 (208) 46b-9272 City of Meridian 33 East Idaho Avenue BCLLING IAA"I~E Meridian, ID 83642-2631 ACCT NO.: Attn: Accounting Department RE: Human Resources DATE PROFESSIONAL SERVICES RENDERED INDIV TIME 07/22/02 Communications witl~i Pauline Skeggs re: JKF 0.30 investigation of hostile work em~iro~unent and attending deposition; head meetin<~ to discuss at-will employment Total of Netic Services: Ic~ciuded in other fee arrangement. New Hours: 0.30 07/31 /02 WFN-15360.09 ACCOUNT SUMMARY - PREVIOUS BALANCE: 0.00 NEW SERVICES: 0.00 NEVI-' EXPENSES: 0.00 NEW PAYI~4ENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CURRENT BALANCE: X0.00 A finance charge of 1.5% per month, compounded monthly, (19.6°~o APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other an-angements have been made. WHITE PETERSON White, Peterson, Morrow, Gigray, Rosman, Nye & Rosman, P.A. Attorneys at Law 5700 E. Franklin Road, Suite ?00 Nampa, Idaho 83687-840? (208) 46b-927? City of Meridian 33 East Idaho Avenue BILL[NG DATE Meridian, ID 83642-2631 ACCT NO.: Attn: Accounting Department RE: Police Department DATE PROFESSIONAL SERVICES RENDERED INDIV TIME 07/01!02 Review email from Chief Worley re: janitorial WFN 0.50 contract; Review draft contract, email suggested revisions to Chief Worley Total of New Services: Included in other fee arrangement. New Hours: 0.~0 07/31 /02 WFN-] 5360.10 ACCOUNT SU:~'[I4IARY PREVIOUS BALANCE: 0.00 NEW SERVICES: 0.00 NE4l' EXPENSES: 0.00 NEW PAYMENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CURRENT BALANCE: $0.00 A finance charge of 1.5% per month, compounded monthly, (19.b° o APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other an-angements have been made. WHITE PETERSON White, Peterson, Morrow, Gigray, Rossman, Nye & Rosman, P.A. ,' Attorneys at Law ' 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83687-8402 (208) 466-9272 City of Meridian 33 East Idaho Avenue ~ti'Ieiidian, ID 83642-2631 Attn: Accounting Department RE: Fire Department DATE PROFESSIONAL SERVICES RENDERED IND[V 07i 10102 Conf with Joe Silva re: nxutual aid agreement Vb'FN 07!23/02 TC Ken Bowers re: fire inspector position and union LV"FN issues Total of Ne«~ Ser~~ices: Included in other fee arrangement. Ne~~ Hours: 0.50 BILLING DATE: 07/31/02 AC(:'T NO.: WFN-I5360.1 1 T [?1ZE 0.2 0.2~ ~'COL'NT SUM~ZAR1 PREVIOUS BALANCE: 0.00 NE1~' SERVICES: 0.00 NE~4' EXPENSES: 0.00 NEIL' PAYMENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CURRENT BALANCE: $0.00 A finance charge of L~% per month, compounded monthly, (l 9.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other an-angements have been made, ~'~'HITE PETERSON White, Peterson, Moi-~-ow, Gigray, Rosman, Nye & Rosman, P,.A. ~' Attorneys at Law 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83687-8402 (208) 466-9272 City of Meridian 33 East Idaho Avenue BILLING DATE: 07/31/02 Meri-dian, ID 83642-2631 ACCT NO.: WFN-15361.01 Attn: Accounts Payable RE: Criminal Prosecution DATE PROFESSIONAL SER~'(CES RENDERED IND~' TIME A!~iE)UNT 06/26/02 Travel to Meridian office; examine Galvin felony NLW 2.40 0.00 file; travel to Boise; attend hearings; travel to Meridian; cal( from Kristi re: felony matter; prepare for felony hearin<, 06/27/02 Review Galvin file re: prior crimii~~al convictions; NL~~' 3.00 Q00 review specifics of Humplu-ey case; travel to Meridian office; meeting with PT re: future procedures; charging training; review upcoming pretrial tiles; make initial offers 06/28/02 Prosecution DMS 4.00 0.00 06/28/02 Prepare for next week's hearings; call from PT re: NLW 1.00 0.00 various prosecution concerns and scheduling for next week; meeting with CSN 07/01/02 Telephone conference with PT re: upcoming NLW 0.60 0.00 schedule and Humphreys case; meeting with TRW re: prosecution issues 07/02/02 Call to Boise City prosecutor's office re: Galvin NLW 4.50 0.00 felony matter; meeting with CSN re: next week's meeting with Captain from MPD; travel to and from Boise, attend hearings; call ACPD re: Galvin case 07/03/02 Meeting with WB and KS re: various criminal NLW 1.70 0.00 matters and files; telephone conference with WB re: meeting with WB and PT; call to Chuck Crowe(witness in Hoagland matter) 07/05/02 Travel to and from Boise; attend hearings; prepare NLW 4.80 0.00 files to be returned to Meridian office; email to KS re: Smith matter A finance charge of 1.5% per month, compounded monthly, (19.6°'o APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been ~Ytade. WHITE PETERSON City of-Meridian 33 East Idaho Avenue Merid ian, [D 8364?-2631 BIt.[_[NG DATE: ACC' I' NO.: llA1'E PROFESSIONAL SERVICES RENDERED INDIA' TI~~~IE AMOUNT 07;08102 Cali to WB re: today's meeting with PT; travel to~ NL~~' 3.40 0.00 Meridian; meet with PT and WB re: charging and staffing; planning for upcoming hearings; call to PT re: schedule; review facts of Humphreys case; review drug court regulations 07/09/02 To Meridian; Couf with Chief Worley and Capt WFN 1.00 0.00 Musser re: prosecution issues 07/09/02 Conf with Pam Tarlow WFN 0.50 0.00 07/09/02 Meeting «-ith Police Chief and Captain CSN 2.00 0.00 07/09/02 Travel to and from Boise; attend hearings; call from NI_~~- 7.00 0.00 WB re: upcoming matters; meeting with CSN re: MPD meeting; meeting with PT re: Humphrey settlement 07/10!02 Make notations on files from yesterdays hearings; NLw' 5.20 0.00 review protection order material in Chadwick case; review file in Humphrey case; call to R. Ban~um; travel to Nampa; preparation for todays hearing in Galvin case; travel to and from Boise; attend hearings 07/1 1/02 Telephone conferenc with PT re: Humphrey and NLVd 0.80 0.00 coverage for Friday; travel to Meridian office; picl up files for tomorrow 07/12/02 Travel to and from Boise, attend hearings; call to NLW 6.40 0.00 WB re: Humphrey case; telephone conference with PT re: Humplu-ey and Galvin cases; call from WB re: several prosecution matters 07/15/02 Scheduling of new hearing dates; meeting with ESR NLW 3.10 0.00 and V~'FG re: Meridian prosecution matters; review and update files; meeting with CSN re: prosecution matters; prepare Galvin case to hand over to Ada A finance charge of 1.5% per month, compounded monthly, (19.6% APR} is charged on any balance remaining after the last day of the month in which the statement is sent, unless other an-angements have been made. PAGE: 07/31 %02 WFN-15361.01 WHITE PETERS01~ City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 BILLING- DATE: ACCT NO.: DATE PROFESSIONAL SERVICES RENDERED INDIV T[~7E AMOtiN"C County; scheduling of this week's hearings; cotes in Hill file 07/16/02 Staff meeting with Prosecution staff and lawyers ~'FN 1.50 0.00 07/16/02 Office conference with NLW" and Bill re: CSN Lop 0.00 prosecution 07/16/02 Prosecution DMS 3.00 0.00 07/16/02 Meet with CSN and WFN re: prosecution matters; I~LW 6.70 0.00 call to PT re: today's lunch meeting; schedule hearings with DMS; prepare for today's meeting; review schedule for next week; travel to and from Meridian; attend meeting with attorneys and staff re: prosecution issues 07/17/02 Travel to and from Boise, attend hearings; review NL~~' 10.20 0.00 probably cause matters; prepare for tomorro«~'s hearings 0711 S/02 Reply to messa4e from Pam Tarlow re: video theft ~'hFN 0?5 0.00 cases 07/18/02 Travel to and from Boise(x2), attend hearings(x2) NLW 7.40 0.00 07/ 19/02 Attend court trial for NL~~ CSN 2.00 0.00 07/19/02 Travel to and from Boise; attend criminal procedure NLW 5.20 0,00 CLE 07/22/02 Travel to and from Boise(x2), attend hearings(x2); NLW 9.60 0.00 office work; meeting with PT; prepare for tomorrow's hearin~~s 07/23/02 Travel to and from Boise; attend hearing; prepare NLW 6.00 0.00 for jury trial; travel to Meridian; meet with WFN; prepare for tomorrow's hearings; make telephone calls 07/24/02 Travel to and from Boise; attend hearings; travel to NLW 9.00 0.00 PAGE: 3 07/31%02 WFN-15361.01 A finance charge of 1.5% per month, compounded monthly, (19.6% APK) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made.. WHITE PETERSON City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 DATE PROFESSIONAL SERVICES RENDERED INDIV Meridian; office work 07/25/0? Parole ~~iolation work; re~~iew sentencing hearing for NLW tomorrow aftenloon, office work; telephone conference with H. Richardson re: case; preparation for tomorrow's hearings; research 07/31 /02 Courtesy discount WFN Total of New Serx~ices: $-7.30 Ne~~ Hours: 117.15 DATE EXPENSE 07/12/02 David M. Swartley DMS mileage e::pense Tota[ of New Expenses: $7.30 PAGE: ~ BILLING DATE; 07/31 /02 ACCT NO.: WF'N-I ~361.01 TIME AD'IOUNT 3.90 0.00 -7,30 A:~10UNT' 7.30 ACCOUNT SUMMARY PREVIOUS BALANCE: 0.00 NEW SERVICES: -7.30 NEW EXPENSES: 7.30 NEW PAYMENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CURRENT BALANCE: $0.00 A finance charge of 1.5% per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. WHITE PETERSON s White, Peterson, Morrow, Gigray, Rosman, h~ye & Rosman, P.A: Attorneys at Law ` 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83657-8402 (208) 466-9272 City of Meridian 33 East Idaho Avenue BILI,tNG DA•rE Meridian, ID 83642-263 I ACCT NO.: Attn: Accounting Department RE: Avert Ltd. Ptnrshp. v. Judicial Review PREVIOUS BALANCE: $27.40 Credit 07/31 /02 CSN-19648 J V . 1_ 1.-11\ 1 PREVIOUS BALANCE: 27.40 Credit NEW' SERVICES: 0.00 NEW' EXPENSES: 0.00 NE~~' PAYMENTS: 0.00 TOT. CURRENI~ PERIOD: 0.00 CURRENT BALANCE: $27.40 Credit A finance charge of 1.5% per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have, been made. WHITE PETERSON White, Peterson, Mon-ow, Gigray, Rosman, Nye R. Rosman, Y.A. .' Attorneys at Law ' 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83687-5402 (208) 466-9272 City of Meridian 33 East Idaho Avenue B[[_L[NG DATE. Meridian, ID 83642-2631 ACCT NO.: Attn: Accounting Department RE: Tung-Key Litigation PREVIOUS BALANCE: X431.71 Credit 07/31 /02 DSJ-1962 errnr~~~-r ciJn7nTAn .' PREVIOUS BAL,4NCE: 431.71 Credit NEW SER~'[CES~ 0.00 NEW EXPENSES: 0.00 NEW PAS"MENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CL'RREN"F BALANCE: $431.71 Credit A finance charge of LS° o per month, compounded monthly, (19.6% APR) is charged on any balance remaining after the last day ol~the month in which the statement is sent, unless other arYangements have been made. WHITE PETEKSON White, Peterson, 1~OITOw, Gi~ray, Rosman, Nye &: Rosman, P.A, .' Attorneys at Law ° X700 E. Franklin Road, Suite 200 Nampa, Idaho 83687-8402 (208) 466-9272 City of Meridian 33 East Idaho Avenue BIC.L.ING DATE: 07/3 ] /02 Meridian, ID 83642-2631 ACCT NO.; WFN-19936 Attn: Accounting Department RE: vs. Thueson Construction Constitutional rights due process%I PREVIOUS BALANCE: $337.11 ACCOUNT SUMMAR)' Aging of Previous f3atance 1-30 Days 31-60 Days 61-90 Day, 91+ Days PREVIOUS BALANCE: 337.11 0.00 337.11 0.00 0.00 NEW SERVICES: 0.00 NE1~' EXPENSES: 0.00 NEW PAYMENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CtiRRENT BALANCE: $337.11 A finance charge of 1.5% per month, compounded monthly, (19,6°ro ~I'R) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. WHITE PETERSON White, Peterson, Morrow, Gigray, Rosman, Nye & Rosslr~an, P.A. • Attorneys at Law 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83687-8402 (208) 466-9272 City of Meridian 33 East Idaho Avenue BILLING DATE: 07/31 /02 Meridian, ID 83642-2631 ACCT NO.: CSN-20008 Attn: Accounting Department RE: Apeman, Vern & Angelina Sanitary Sewer Easement Line PREVIOUS BALANCE: $80.09 e rrn r ,~,,r c r rA,r n.T s o v lAl\ 1 Aging of Pre~~ious Balance 1-30 Days 3 I -60 Days 61-90 Days 9 I + Days PREVIOUS BALANCE: 80.09 x.09 7>.00 0.00 0.00 NEW SERVICES: 0.00 NEW E3~PENSES: 0.00 NEW PAYMENTS: 0.00 TOT. CURRENT PERIOD: 0.00 CURRENT BALANCE: $80.09 A finance charge of I.5% per month, compounded monthly, (19,6% APR) is charged on any balance remaining after the last day of the month in which t(~e statement is sent, unless other arrangements have been made.. WHITE PETERSON White, Peterson, Morrow, Gigrayy Rosman, Nye & Rosman, P.A. • = Attorneys at La~~~ 5700 E. Franklin Road, Suite 200 Nampa, Idaho 83657-5402 (208) 466-9272 City of Meridian 33 East Idaho Avenue BILKING DATE Meridian, ID 83642-2631 ACCT iv'O.: Attn: Accounting Department RE: Jewett/Kodiak LLC Judicial Review PREVIOUS BALANCE: $300.00 DATE PROFESSIONAL SERVICES RENDERED INI)I~' TI11IE 07/02%02 Draft motion to dismiss; review file CSN 3,00 07/08/02 Redraft affida~-it CSN O.Sp Total of New Ser~~ices: Included in other fee arrangement. Ne~+ Hours: 3.50 DATE EXPENSE AA10tiNT 07%31 %02 1101 Copies a? . l ~ _ $165.15 + 8.26 Sales Tax = 173.41 $173.41 Total of Ne~~~ Expenses: $173.41 07/31 /02 CSN-20019 a ~r~n- ~~T cr r~~~R A uv .~ Aging of Pre~~ious Balance 1-30 Days 31-60 Days 61-90 Days 91+ Days PREVIOUS BALANCE: 300.00 253.00 47.00 0.00 0.00 NEW SERVICES: 0.00 NEW EXPENSES: 173.41 NEW PAYMENTS: 0.00 TOT. CURRENT PERIOD: 173.41 CURRENT BALANCE: $473.41 A finance charge of 1.5% per month, compounded monthly, (1.9.6% APIZ) is charged on any balance remaining after the last day of the -2~onth in which the statement is sent, unless other a-rangements have been made. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird September 78, 2002 ~. w .;+~'"" ~•, CITY OF ~'~~~`~'~ ~~ erl~ICnV _ ~~ ; IDAHO y PCFryr R °/fir T a iRe V'~1„E~ '~ Si :',1903 Mr. Terrence R. White White, Peterson, Morrow, Gigray, Rossman, Nye &Rossman, P.A. 5700 East Franklin Road, Suite 200 Nampa, lD 83687 466-9272 fax 466-4405 Re: Request for Proposal for Civil Legal Service Dear Mr. White LEGAL DEPARTMENT (208) 288-2499 •Fax 288-2501 PARKS & RECREATION (208 888-3579 •Fax 898-5501 PUBLIC WORKS (208) 898-5500 •Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 •Fax 887-1297 PLANNING AND ZONING (208) 884-5533 •Fax 888-6854 Thank you for responding to the City of Meridian's request for civil legal services. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Wednesday, October 2, 2002 at 7:30 pm at the City Council Chambers at the Meridian City Hall. You will have 25-30 minutes for your presentation and 10-15 minutes for a question and answer period. The City Council asked that you provide professional courtesy and come only at your assigned presentation time. The Mayor and City Council may make deliberate a decision around 8:15 pm that same evening. If you have any questions concerning this presentation, p/ease contact me as soon as possible. Sincerely ,,,(,C/ William G. Berg, Jr. City Clerk 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 •Fax (208) 387-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 884-8723 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie tifcCandless Keith Bird s. ,p; ".~~~yyy,,,yyy... ~`,~ = r , (:ITY OF ~~~~'~~-~~ -.• ~ \ ~~ erl~icn +~~ , IDAHO j y~Ce^'Te Q~ ll LEGAL DEPARTMENT (208)288-2499• Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500•Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 R-~- ~ ~'y"03 PLANNING AND ZONING (208) 884-5533 • Fax 888-G854 September 78, 2002 Mr. Terrence R. White White, Peterson, Morrow, Gigray, Rossman, Nye &Rossman, P.A. 5700 East Franklin Road, Suite 200 Nampa, lD 83687 466-9272 fax 466-4405 Re: Request for Proposal for Civil Legal Service Dear Mr. White Thank you for responding to the City of Meridian's request for civil legal services. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Wednesday, October 2, 2002 at 7.-30 pm at the City Council Chambers at the Meridian City Hall. You will have 25-30 minutes for your presentation and 70-15 minutes for a question and answer period. The City Council asked that you provide professional courtesy and come only at your assigned presentation time. The Mayor and City Council may make deliberate a decision around 8:15 pm that same evening. !f you have any questions concerning this presentation, please contact me as soon as possible. Sincerely ,,%GC/ William G. Berg, Jr. City Clerk 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Ot'tice Fax, (208) 888-4218 Human Resources Fax (208 88 4-8723 .. ~. RESPONSE TO CITY ATTORNEY / CIVII., LEGAL SERVICES RFP No. 02-001 FOR THE CITY OF MERIDIAN RECEIVED SEP 16 2002 City of Meridian City Clerk OfficE ATTORNEY CONTRACT PROPOSAL September 16, 2002 SUBMITTED BY: WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. s Response to RFP No. 02-001 September 16, 2002 SECTION I -FIRM INTRODUCTION: Page 1 White, Peterson, Morrow, Gigray, Rossman, Nye ~ Rossman, P.A. is a firm of sixteen 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 codify then existing City ordinances, which, when completed, made it easier for City officials, and customers of the City to find the applicable laws. Terry 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. Terry has also assisted all cities in Idaho by his work on the Association of Idaho 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 Morrow, a former Canyon County Chief Deputy Prosecutor, is experienced in Federal Civil Rights defense, including cases for the City of Nampa. 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 successfully defended the City's decision in all those cases. Chris -~ also has represented the City of Nampa in eminent domain condemnation lawsuits, and has 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 confirmations for the City of Nampa. Julie 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 Treatment Plant. Kevin Dinius successfully obtained the Judicial Confirmation on the alternative financing for the new police station. Kevin also has been involved in construction WHITE, PETERSON, MORROW, GIGRAy, ROS$MaN, NYE & ROSSMAN, P.l~. Response to RFP No. 02-001 September 16, 2002 Page 2 litigation for the City of Nampa 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 performance bonds. As for Bill Nichols' involvement with the City, he has attended almost all of the Council meetings since February 2000 and has met with every Department Head and other City employees on a variety of issues. He has also assisted the Association of Idaho Cities in the annexation legislation fights in the 2001 and 20021egislative 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 whether 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, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. By: Terrence .White President WHITE, PETERSON, MORROW, GIGRAY, RUSSMAN, NYE & ROSSMAN, P.A. Response to RFP No. 02-001 Page 3 September 16, 2002 SECTION II -AVAILABLE STAFF AND EQUIPMENT' We propose staffing the City of Meridian's anticipated 1_egal 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 firm to handle the matter. The following list of areas of expertise lists those attorneys who can provide representation in those azeas. Mr. Nichols will continue to be the primary attorney for the City including attendance at most Council meetings. Terry White and Chris Nye will be the partners who will serve as backup for attendance at Council meetings. As 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 attend Planning and Zoning Commission meetings. Administrative Law: William A. Morrow Christopher S. Nye Annexation Law: William F. Nichols Terrence R. White Condemnation/Eminent Domain: Christopher S. Nye Construction Litigation: Kevin E. Dinius Collections and Bad Checks: William F. Nichols EEOC; Human Rights Commission: Julie Klein Fischer Eric S. Rosman Employer and Income Tax Law; Wages and Benefits: Philip A. Peterson Todd A. Rosman 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, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P. A. Response to RFP No. 02-001 September 16, 2002 Page 4 Evictions: Christopher S. Nye D. Samuel Johnson William F. Nichols Foreclosures: William F. Nichols Terrence R. White Franchising/Telecommunications: William F. Nichols General Litigation: William A. Morrow Eric S. Rossman Kevin E. Dinius Planning and Zoning Law: William F. Nichols Terrence R. White William F. Gigray Nicholas L. Wollen Public Meeting Requirements: William F. Nichols Terrence R. White William F. Gigray William A. Morrow Public Records Law: William F. Nichols 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 Todd A. Rossman WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE R ROSSMAN, P. A. Response to RFP No. 02-001 September 16, 2002 Page 5 Real Estate Law: Terrence R. White Julie Klein Fischer William F. Nichols Todd A. Rossman State /Federal Civil Rights Defense: William A. Morrow State /Federal Civil Defense: William A. Morrow Christopher S. Nye Eric S. Rossman Julie Klein Fischer D. Samuel Johnson Kevin E. Dinius Nicholas L. Wollen State /Federal Criminal Defense: Christopher S. Nye William A. Morrow Unemployment Claims: Julie Klein Fischer Water Law: Julie Klein Fischer Workers Compensation: William F. Gigray D. Samuel Johnson White Peterson has a total of 16 attorneys and 21 support staff, including 121egal 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 an 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 has been performing the legal assistant duties for the Meridian City Attorney's office for approximately 15 years (for Mr. Crookston (1984-1993), City of Meridian (1996-1998), and for White Peterson (1998-Present)). Marlene is a great asset to the firm because of her 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 WHITE, PETERSON, MORROW, GIGRAY, RossnanN, NYE & ROSSMAN, P.A. Response to RFP No. 02-001 September 16, 2002 Page 6 absences or when they need additional workload assistance. Again, these assignments are based on prior experience and knowledge. Our Office Administrator, Kelly Andrus, is the point person for personnel issues. She has 25 years of legal experience, over 13 years of which is exclusively in legal office administration,. It is her responsibility to see that all necessary support is available to each attorney at all times. If at any time additional support is needed, she will immediately evaluate and address those needs and remedy the situation. In 2001, our firm upgraded our network server to improve stability and security. In 2002 we purchased new desktop computers to replace those which could not be upgraded to accommodate the Windows XP Professional desktop operating system. The remaining computers were all upgraded, and now, all computers in the firm 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 from 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 from 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 installed on the server and scans all incoming email and attachments. A dedicated fax line is used to insure that voice traffic does not interfere with fax transmissions. Digital cell phones are supplied to all attorneys whose practices involve any significant time out of the office. Our digital phone system includes voice mail which can be checked by attorneys, and staff, from their desks or from 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. SECTION III-ABILITY TO PROVIDE RESPONSIVE SERVICES: Our proposal for services, as outlined in Section IV below, essentially allows the fine to reserve time by the attorneys who will be primarily assigned to serve the City of Meridian. For example, 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 firm to assign another lawyer to the emergency. WI-Iii, Pir1'ERSON, MoltROw, GIGRAY, RossMAly, NYE & RossMArr, P.A. Response to RFP No. 02-001 Page 7 September 16, 2002 One of the ways that services can be provided in a timely fashion will be for our firm 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 meeting format, and the desire of the Mayor and Council to keep meetings from 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 transition from the current situation where all recommendations and findings are prepared by our office, to a new era where recommendations and findings 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 firm assisted the City in taking planning decision documentation to a higher level from what there ~~•as before we were engaged as attorneys for the City, and we want to help take that documentation to the next level. For areas of law which only occasionally confront the City, our firm 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 determine which lawyer would best be assigned to that matter. Any time-sensitive matters will be treated accordingly. For example, if a water law issue comes up, Julie Fischer can respond 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 finalized. SECTION IV -COST FOR SERVICES: As the City is aware, in the past we have used an approach to billing 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 confirmation WHITE, PETERSON, MoRxow, GIGRAY, RosstvrAN, N~ & ROSSMAN, P.A. Response to RFP No. 02-001 September 16, 2002 Page 8 in 2001 cost the City about $4000 in extra legal services from ow firm. 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 sometimes occws if each phone call or conference is billed separately. Under ow current retainer, employees and officials, can call or meet with one of ow attorneys on almost any matter, and the consultation is included in the monthly retainer at no extra charge. In ow 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 from the City. If all calls are billable outside of the retainer, it could negatively impact a particular department just 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 ow proposal contemplates a combination of monthly retainers to cover basic services, and additional services on an as needed basis at an howly rate that is significantly lower than ow typical howly 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 from ow 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. Ow 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 ow civil practice has emphasized meetings at City facilities, as opposed to asking City employees and officials to meet us at ow office in Meridian, elimination of a physical presence in Meridian will not negatively impact ow 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 of $175) per how for attorney shareholders (partners) and $100 (instead of $125) per how for associates. Legal assistants doing work that would otherwise be done by an attorney would be billed at $60 per how. 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 bill is rendered. Retainer services would include: attendance at fow Precouncil and Council meetings per month and two Planning and Zoning Commission meetings per month; attendance at quarterly joint City/ACRD meetings; routine telephone and personal conferences with City employees and officials including 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, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. Response to RFP No. 02-001 September 16, 2002 Page 9 Council, participation in Association of Idaho Cities Legislative Council matters including participation in drafting legislation and testimony before the legislature if requested by AIC; responding to citizen inquiries regarding city ordinances not pertaining to criminal matters; telephone and office conferences with builders or developers regarding pending development projects where our assistance is requested by City staff; and review and comment on proposed policies including human resources policies. Services outside of the monthly retainer would include: 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; review or drafting recommendations, findings, or orders for development application decisions; 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 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 mechanism 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. SECTION V -DESCRIPTION OF PRIOR EXPERIENCE: Most of the information requested in this Section is covered in the response to Section I - Firm 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 facts/problem, 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. WHITE, PETERSON, MORROW, GIGRAY, RO$s>vlwN, NYE & Ro$sMaN, P.A. Response to RFP No. 02-001 September 16, 2002 Page 10 With regard to historical client cost information, we feel that the most pertinent information can be found in comparing the fees paid by the City of Nampa. Our other municipal and quasi-municipal clients do not have the same volume of work or present the same demand for services. In order to compare "apples to 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. SECTION VI -DESCRIPTION OF SERVICE TO THE CITY: Beginning with the start of the new retainer, our firm will implement a tracking procedure to track assignments given to us by the City. As each assignment is made, the required date for completion will be determined 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 to 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 front, work should be timely completed. If unable to complete a task as originally required, contact ~i~ill 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 staff and lawyers are encouraged to bring forth any ideas which may improve the delivery of legal 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 training on our existing software and will be exploring use of practice management software, including document management and document preparation software as a way to improve what we do. Conflicts of interest are avoided by making sure every employee in the firm knows that the City is our client. We have conflict checking procedures in place -and recently acquired new WHITE, PETERSON, MORROW, GIGRAY, ROS$IvIaN, NYE & ROSSMAN, P.A. 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, if acquired, 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. SECTION 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 AIC Legislative Conference were told that the legislature may assault the City's ability 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 unnecessary 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 necessary 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 construction 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 has been a recent setback regarding judicial confirmation 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 need to be reviewed with an eye to what may successfully pass scrutiny in a judicial confirmation proceeding. Public Works is striving to transition from a developer financed infrastructure installation system, to a system where the City controls the timing and construction of those facilities. This changes the way easements are acquired and may necessitate eminent domain proceedings where WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. Response to RFP 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 from someone experienced in condemnation lawsuits. The Parks Department is aggressively seeking to acquire new park land and that will require negotiation of purchase agreements as well 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 ordinance and fees. The Finance Department needs a document retention/destruction policy which will 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, if not all, of these issues. WHITE, PETERSON, Moxxow, GIGRAY, ROSSMAN, NYE & RGSSMAN, P. A. Response to RFP No. 02-001 September 16, 2002 APPENDIX A Attorney Biographical Background WHITE, PETERSON, MORROW, GIGRAY, RO$SMwN, NYE & ROSSMaN, P.A. TERRENCE R. WHITE PARTNER EDUCATION /BAR AFFILIATIONS • B.A., University of Idaho, 1968 • J.D., University of Idaho (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 - CURRENT PRACTICE Practice at White Peterson emphasizes counsel to the Cit<~ of Nampa, annexation law, planning & zoning, public meeting & records law, real estate. law, public works contracts, corporate law, estate planning, and general litigation MUNICIPAL EXPERIENCE City Attorney for the City of Nampa for 25 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 of Nampa matters. Also represent the Nampa Urban Renewal Agency. GENERAL INTEREST /MEMBERSHIPS .. • Deputy Prosecuting Attorney, Ada County, 1972 • President, Southwest Idaho Estate Planning Council, 1.978 _ . _ • Third District, President, 1979-1980 - • Idaho State Bar, Chairman, Bar Exam Prep. Committee, 1991-1992 RECENT CONTINUING LEGAL EDUCATION • Land Use Institute, Planning, Regulation, Litigation, Eminent Domain and Compensation • Modern Real Estate Transactions • Idaho Municipal Attorneys Association Annual Meeting PHILIP A. PETERSON PARTNER EDUCATION /BAR AFFILIATIONS • B. S., Accounting, University of Idaho (cum laude), 1969 • J.D., University of Idaho (cum laude), 1979 • Bar Admission: ^ Idaho, 1979 ^ U.S. District Court, 1979 ^ U.S. Tax Court, 1980 CURRENT 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 L'VTEREST / MEMBERSFitPS • Southwest Idaho Estate Planning Council • Canyon Area United Way, Past President, Past Member of Board of Directors • Kiwanis Club of Nampa, 1981 to present, past President, past Treasurer and Member of Board of Directors • I Believe, Inc., Member of Board of Directors • University of Idaho Alumni Association, Inc. Past member of the National Board of Directors - -Boise Philharmonic, Member of Board of Directors RECENT CONTINUING LEGAL EDUCATION Pension, Profit Sharing, Welfare, and Other Compensation Plans • Annual Idaho State Tax Institute WILLIAM A. MORROW PARTNER EDUCATION /BAR AFFILIATIONS • B.A., Kent State University, 1973 • 1.D., University of Idaho, 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, environmental law, business, real property issues, civil rights defense, and complex litigation. MUNICIPAL EXPERIENCE Extensively involved in public records disclosure advice and litigation on behalf of the City of Nampa, including occasional attendance at council and planning and zoning meetings. Worked 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 of Nampa. GENERAL INTEREST /MEMBERSHIPS • 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 Counsel, for Canyon County, including legal advisor to Canyon County Planning & Zoning Commission, 1980-1985 • Chief Deputy Prosecuting Attorney, 19$5-1987 • Assist in the representation of the City of Nampa, 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 Lavvyers' Association • Member, American Bar Association RECENT CONTINUING LEGAL EDUCATION ` • Basic Estate & Gift Taxation and Planning • Idaho Land Use: Current Issues in Subdivision Annexation and Zoning Law ® Employment Discrimination • Environmental Litigation and Advanced Forensics `i ;, WM. F. GIGRAY, III PARTNER EDUCATION /BAR AFFILIATIONS • B.A., University of Idaho, 1969 • J.D., University of Idaho, 197? • Bar Admission: ^ Idaho. 1973 ^ U.S. District Court, District of Idaho, 1973 ^ U.S. Court of Appeals, 1980 U. S. Supreme Court CURRENT PRACTICE Practice at White Peterson emphasizes counsel to the cities of Wilder, Canyon High~~ay 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. MUNICIPAL ExPERIENCE Counsel 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, franchise implementation, contract law, human rights, education law and formation of educational policies, inverse condemnation and eminent domain law and workers' compensation. SPECIAL INTEREST /MEMBERSHIPS • Successfully obtained judicial confirmation of million+ dollar issuance of certificates of participation for construction of irrigation system for Purple Sage Golf Course. • Represented the City of Caldwell in Fair Housing lawsuit. • Represented School District in Class Action Race Discrimination lawsuit. • Member, American Trial Lawyers' Association ~.. • Immediate Past President, Idaho Trial Lawyers' Association --, President, Caldwell Foundation for Educational Opportunity, Inc. • President, Greenbelt Civic League of Caldwell, Inc. • Member, Foundation for Ada/Canyon Trail Systems RECENT CONTINLTIl~tG LEGAL EDUCATION • Presenter, Basics of a Tort Claim Involving Subdivisions of the State of Idaho • Presenter, Land Use Law • Mediation & Workers' Compensation TODD A. ROSSMAN PARTNER EDUCATION /BAR AFFILIATIONS • B.B.A., Boise State University, 1986 • J.D., Gonzaga Law School, 1989 • LL.M. in Taxation, University of Denver, 1990 • Lar Admission: ^ 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 CURRENT PRACTICE 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 /MEMBERSHIPS • Southwest Idaho Estate Planning Council (President, 1995) • Third District Bar Association (President, 2001-2002) CHRISTOPHER S. NYE PARTNER EDUCATION /BAR AFFILIATIONS • B.A., University of Kansas, 1979 • J.D., University of Kansas, 1982 • Bar Admission: ^ Idaho, 1982 ^ U.S. District Court, District of Idaho, 1982 CURRENT PRACTICE Practice at White Peterson emphasizes civil litigation, real property litigation, and family law. MU?~TICIPAL EXPERIENCE As Prosecutor for Canyon County, prosecuted criminal violations ranging from 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 all legal representation including successful representation before the Idaho Supreme Court in the Planning and Zoning case of Bradv v. City of Homedale (1996). Also represented the City of Caldwell in civil and criminal matters including direct supervision of all criminal misdemeanor matters, and the City of Nampa in litigation matters including successfully defending the City in a slip and fall case in 1997. GENERAL LNTEREST / MEMBERSIiiPS • Personally tried in excess of 50 jury trials and between 500-1,0.00 court trials. -- Canyon County Deputy Prosecutor, 1983-1986 • Canyon County_Public Defender, 1986-1989 ,_. . • Contract attorney for the State of Idaho, Dept. of Health & Welfare • Successfully obtained the largest, verdict ever. awarded in the Third Judicial District, Jacobson Feedlot v. First Interstate Bank (1990), Wm Morrow, lead counsel. Member, Idaho Trial Lawyers' Association - Member, Association of Trial 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.B.A., Boise State University, 1989 • J.D., University of Idaho, 1992 ^ Idaho Law Review • Bar Admission: ^ Idaho, 1992 ^ U.S. Court of Appeals, Ninth Circuit ^ U.S. Court of Appeals, District of Columbia Circuit CURRENT PRACTICE Practice at White Peterson emphasizes complex civil, real estate, insurance and municipal litigation. MUNICIPAL EXPERIENCE Successfully pursued recovery of $400,000 claim against performance bond of concrete sub-contractor in construction of the Idaho Center; successfully defended lawsuit by landowner against City of Nampa under Federal Rails to Trails Conservancy Act before - Federal District Court and Federal Court of Appeals for District of Columbia; and successfully defended City of Nampa before the Idaho District Court in planning and zoning civil judicial review matters. GEIv'ERAL INTEREST 1 MEMBERSHIPS ~' Successfully obtained judicial confirmation of $6.5 million dollar issuance of Certificates _ _ _ - of Participation for construction and operation of the Nampa Recreation Center • Successfully obtained judicial confirmation of $3 million dollar issuance of Certificates of Participation for the construction and operation of the Ridgecrest Golf Course • Successfully obtained judicial co~nnation of $3.5 million dollar and $12 million dollar issuance of revenue allocation (Tax Increment) bonds for various projects for the North Nampa Urban Renewal Agency including the construction and operation of the Idaho Center • Member, Idaho Trial Lawyers Association _ _ • Member, Kiwanis Club of Meridian -- • _ Member, Association of Trial Lawyers of America - - - - - RECENT CONTINUING LEGAL EDUCATION • Handling Wrongful Termination Claims • Guide to Federal Court Rules and Procedures in Idaho WILLIAM F. NICHOLS PARTNER EDUCATION /BAR AFFILIATIONS • B.A., Li~eld College (magna cum laude), 1977 • J.D., University of Oregon, 1980 • Bar Admission: ^ Oregon, 1980 ^ Idaho, 1986 ^ U.S. Tax Court, 1984 CL'RREl~'T 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. MUNICIPAL EXPERIENCE Meridian City Attorney, February 2000 to Present _. City Attorney and Assistant City Attorney for City of Nyssa, Oregon, 1983-1999 City Attorney and Assistant City Attorney for City of Adrian, Oregon, 1982-1999 City Attorney and Assistant City Attorney for City of Jordan Valley, Oregon, 1988-1999 GENERAL INTEREST /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 Attorneys Association - - • Secretary, Real Property Section, Idaho State Bar RECENT CONTII~~iJING LEGAL EDUCATION - • Idaho Land Use: Current 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 /BAR AFFILIATIONS • B.A., Albertson College of Idaho (magna cum laude}, 1989 • J.D., University of Idaho, 1992 ^ Idaho Law Review, Symposium Editor - Bar Admission: ^ :dar~o, 1992 ^ U.S. District Court, District of Idaho, 1992 CURRENT PRACTICE Practice at White Peterson emphasizes employment law, ~~~ter law, real estate transactions, and general civil litigation. MU1v'ICIPAL EXPERIENCE Employment practice includes working with various municipalities regarding public employment issues, policies and procedures. GENERAL INTEREST /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 PARTNER EDUCATION /BAR AFFILIATIONS • B. S., University of Idaho, 1989 • J.D., University of Idaho, 1993 • Bar Admission: • Idaho, 1993 • U.S. District Court, District of Idaho, 1993 CURRENT PRACTICE 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 other various civil litigation matters. I am also general 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, drafting of ordinances and resolutions, and attendance at regular and special City Council meetings. Former prosecuting attorney for the cities of Wilder and Greenleaf and was responsible for prosecuting all misdemeanors and infractions and appearing at other various hearings and _ proceedings before the Magistrate Division of the District Court for Canyon County. GENERAL INTEREST /MEMBERSHIPS .Idaho Trail Lawyers' Association • Kiwanis Club, Meridian RECENT CONTINULNG LEGAL EDUCATION • Persuading and Communicating with Modem Jurors • Uninsured and Underinsured Motorist Law in Idaho KEVIN E. DINIUS PARTNER EDUCATION /BAR AFFILIATIONS • B.A., Boise State University (cum laude), 1996 • J.D., University of Idaho (summa cum laude), 1999 ^ Editor-In-Chief, Idaho Law Review, 1998-1999 • Bar Admission: ^ Idaho, 1999 ^ U. S. District Court, District of Idaho, 1999 CURRENT PRACTICE Practice at White Peterson focuses on commercial litigation, lender liability, personal injury, and construction litigation. MUNICII'AL EXPERIENCE Judicial confirmation for the City of Meridian in 2001 for the construction of the new Meridian police station. Currently represent the City of Nampa, Public Works Department, in connection with all public works projects and associated litigation. GENERAL INTEREST /MEMBERSHIPS • 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 EDUCATION /BAR AFFII.IATIONS • B.A., University of Puget Sound, 1992 • J.D., University of Idaho, 1995 • Bar Admission: - Idaho, 1998 ^ U.S. District Court, District cf Id~'~o, 1998 CURRENT PRACTICE Practice at White Peterson includes civil litigation, with an emphasis on personal injury and medical malpractice matters, and criminal matters. MUNICIPAL EXPERIENCE Criminal prosecution and Planning and Zoning Commission meetings. RECENT CONTINUING LEGAL EDUCATION • Effective Expert Witness Examination in Idaho • Winning Trial Techniques • Evictions and Landlord/Tenant Law in Idaho ERICA S. PHILLIPS ASSOCIATE EDUCATION /BAR AFFILIATIONS • B.A., University of Idaho, 1993 • J.D., University of Idaho (summa cum laude), 1999 ^ Executive Editor, Idaho Law Review • President, Women's Law Caucus • Bar .~dmission: • Idaho, 1999 CURRENT PRACTICE Practice at White Peterson emphasizes civil litigation, with a particulaz focus on appellate practice. MUNICIPAL EXPERIENCE Internship with the Boise City Attorney's office, summer 1998. Primary duties involved working with Public Works Department on complete revision of Boise City's sewer ordinance and various Parks & Recreation issues. GENERAL INTEREST /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 /BAR AFFILIATIONS • B.A., University of Tennessee, 1993 • J.D., Northwestern School of Law° at Lewis & Clark College (cum laude), 1998 • Bar Admission: ^ Oregon, 1999 ^ Idaho, 2000 ^ Idaho Federal Courts, 2000 CURRENT PRACTICE Practice at White Peterson emphasizes business litigation, including lender liability, contract and employment disputes, and agricultural law. AIso practice in the areas of insurance litigation, medical malpractice and environmental disputes. MUNICIPAL EXPERIENCE Property taxation and regulatory enforcement actions for various governmental entities. GENERAL INTEREST • Clerk for the Honorable Karen Lansing, Idaho Court of Appeals, 1998-2000 RECENT CONTINUING LEGAL EDUCATION • The Developing Law of Insurance Bad Faith in Idaho • Uninsured and Underinsured Motorist Law in Idaho <. NICHOLAS L. VVOLLEN ASSOCIATE EDUCATION /BAR AFFILIATIONS • B.A., University of Idaho, 1997 • J.D., University of Idaho, 2000 • Bar Admission: ^ Idaho, 2000 CURRENT PRACTICE Practice at White Peterson emphasizes civil and criminal prosecution for the City of Meridian. MUNICIPAL EXPERIENCE Prosecutor, City of Meridian, 2002 Advising Counsel, Meridian City Planning & Zoning Commission Assistant City Attorney, City of Melba Assistant Prosecutor, City of Homedale RECENT CONTINUING LEGAL EDUCATION • Presentation of the Plaintiff as a Witness • The Developing Law of Insurance Bad Faith in Idaho • Land Use, Planning & Zoning - • Criminal Law & Procedure M. MICHAEL SASSER Email: mms@sasserin~lis.com Mr. Will Berg Meridian City Clerk 33 E. Idaho Meridian, Idaho 83642 SECTION I SASSER ~ INGLIS, P.C. Attorneys at i,aw 3100 S. VISTA AVENUE, SUITE 200 P.O. BOX 16488 BOISE, IDAHO 83715 September 16, 2002 Telephone (208) 344-8474 Facsimile (208) 344-8479 RECE~~IEIa SEP 16 200?. City of IVferidiar~ City Clexk Cffiec- Re: RFP No. 02-001; City Attorney/Civil Legal Service for the City of Meridian Dear Mr. Berg: Our firm is interested in procuring the contract for the City Attorney/Civil Legal Service for the City of Meridian, RFP No. 02-001. Our firm consists of seven attorneys, who work together with a talented staff to provide skilled and efficient legal representation to our clients. We are a full service law firm, with attorneys practicing in many areas, encompassing general civil litigation (including trial, mediation., and appellate work), administrative law, business, real estate, corporate, adoption, employment, wills and estate planning, municipal law, municipality insurance defense, and environmental law. Our services align closely with the scope of work outlined in the request for bid. Thank you for considering our firm with regard to this RFP. Please do not hesitate to contact me in the event you have any questions concerning this proposal. Very truly yours, M. Michael Sasser MMS:kt Enc. Meridian Bid.IR.wpd SECTION II Available Staff and Equi went The following information describes and outlines the firm's available staff and equipment. M. Michael Sasser. Mr. Sasser has practiced law for twenty-eight (28) years. He practices in the areas general litigation, insurance defense, environmental law, employment law, products liability, and transportation law. .Patrick J. Inglis. Mr. Inglis has practiced law for sixteen (1 b) years. He practices in the areas of general litigation, administrative law, business law, insurance defense, and environmental law. Matthew R. Harrison. Mr. Harrison has practiced law for eleven (11) years. He practices in the areas of general litigation, administrative law and insurance defense. Clay M. Shockley. Mr. Shockley has practiced law for nine (9) years. He practices in the areas of general litigation, business law, family law, employment law, products liability, insurance defense, will and probate, and municipal law. Warren W. Dowdle. Mr. Dowdle has practiced law for four (4) years. He practices in the areas of general litigation, criminal defense, adoptions, family law, employment law and insurance defense. Katherine Takasugi. Ms. Takasugi has practiced law for three (3) years. She practices in the areas of general litigation, employment law, estate planning and insurance defense. Michele Morin. Ms. Morin has practiced law for one year. She practices in the areas of general litigation, insurance defense, products liability and employment law. We anticipate that Mr. Shockley and Ms. Takasugi will be the attorneys primarily responsible to perform the legal services relating to this Request for Proposal. Other attorneys and staff personnel will be assigned on as-needed basis. A legal secretary, paralegal, and office runner will be assigned to assist the attorneys in performing the responsibilities and duties associated with the Request for Proposal. The firm has a networked computer system, which uses Hewlett-Packard desktop computers and Hewlett-Packard laserjet printers. The firm uses Word Perfect 9 as its primary word processing program but, in addition, has the capability of using Word as a processing program. The firm has two fax machines, one for incoming faxes and the other for outgoing faxes. In addition, it has a high volume copy machine, aswell as aback-up copier. Finally, the firm has state of the art e-mail capabilities. The firm currently subscribe to Lexis-Nexis for electronic research. In addition, the firm has a library which includes the Idaho Code, Idaho Code Annotated, and Idaho Reports. In addition, the library includes numerous treatises and other resources in the firm's practice areas. SECTION III Ability to Provide Responsive Services As previously noted, Mr. Shockley and Ms. Takasugi will be assigned the primary responsible to perform the legal services and other duties associated with this Request for Proposal. If selected, the firm will make arrangements with appropriate representatives of the City to become familiar with all meetings and hearings requiring the presence of counsel, and arrange for the attendance of counsel. In addition, we will want to immediately familiarize ourselves with the most common and pressing legal services to be rendered, in order to assure the availability of counsel and staff to complete all assignments in a timely manner. SECTION IV Cost for Services We propose the following costs for our services under contract with the city. We anticipate the services to be provided under the contract to be: Attendance of city council meetings and planning and zoning meetings, drafting and preparation of ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts involving the city, judicial review of planning and zoning matters, (excluding appeals to the District Court) and other related legal work. Clay Shockley $110.00 /per hour Katherine Takasugi 110.00 /per hour Paralegal 60.00 /per hour Clerk 35.00 /per hour We propose the following costs for non-contract matters. Non-contract matters include the following: Judicial reviews of final actions of the City involving quasi judicial matters other than planning and zoning matters, but including appeals to the district court on planning and zoning matters, defense of any claim or action against the City, including declaratory judgment actions which are not within the scope of the city's insurance coverage, special matters involving bond issues and/or judicial confirmations, other matters involving legal action against the City of Meridian which are not within the scope of the City's Insurance Coverage, matters involving litigation under federal regulation, matters in which the City is a plaintiff or petitioner, and other matters which are not within the scope of work set forth in the Request for Bid No. 02-001. Clay Shockley $ 125.00 /per hour Katherine Takasugi 125.00 /per hour Warren Dowdle 125.00 /per hour Matthew Harrison 125.00 /per hour Michelle Morin 125.00 /per hour M. Michael Sasser 175.00 /per hour Pat Inglis 150.00 /per hour Paralegal 60.00 /per hour Clerk 35.00 /per hour SECTION V Description of Prior Experience Since 1984, the firm has represented Idaho Counties Risk Management Program, which is the insuring program for almost all of the counties in the state of Idaho, as well as several hundred other cities and other governmental entities in the state of Idaho. As a result of this representation, the firm has handled hundreds of lawsuits, claims, hearings, and other proceedings relating to governmental entities. These matters include, but are not limited to, tort claims, civil rights claims, IHRC and EEOC claims, employment-related claims, environmental claims and issues, planning and zoning issues, public works contracts, and jail/juvenile delinquent facility claims. It is believed that the firm's experience with, and involvement in, the aforementioned matters will prove to be invaluable in representing the City of Meridian with regard to its Request for Proposal. In particular, the firm believes that its experience in dealing with and relating to elected officials and governmental employees will provide a foundation for a very professional and comfortable attorney- client relationship. SECTION VI Description of Service to the City Our firm dedicates itself to integrity, honor, and excellence in all aspects of its work, and stands committed to work diligently and conscientiously for an expeditious and affordable result for all clients we have the privilege of serving. Our firm maintains a database of forms which we use routinely in our practice. We also have an extensive research file of prior research conducted in many areas of law. These assist us in reducing the costs to our clients. We routinely conduct conflicts checks on all new clients to avoid any conflicts of interests. SECTION VII Additional Matters Attached hereto are the personal resumes of Clay Shockley, Katherine Takasugi, Patrick J. Inglis, and M. Michael Sasser. ,Sasser ~ Ing~is, P. C'. MISSION STATEMENT • Maintain integrity, donor anc.~ ~ionesty in a~~ matters. • Continue to c~evejo~ ~rofessionaj~y anc~ to strive for excej~ence in aj~aspects of wore, jeee~ing in mina t~e needs of our c~ients for an expeditious anc~ afforc~ab~e resu~t. • ~orje c~i~igent~y anc~ conscientiousjy for tie maximum ~ienef t anc~ prof ta~ijity of a~~ mem~ers of t~e l arm anc~ tie c~ients w~iom we serve. • Hej~ create a wore environment t~iat is ~rofessionaj, cojjegiaj, anc~ ~~easant, for tie mutuaj satisfaction anc~ enjoyment of a~j mem~iers of tie J~rm. • Recognize t~te importance of fami~y, community, ~ersona~ anc~ ~professiona~ commitments to tie success of a~~l~rm mem~ers anc~ Sasser ~ Ingjis as a w~ioje. CLAY M. SHOCKLEY ~ Juris Doctorate, Univesity of Idaho 1993 ~ Bachelor of Arts, Political Science, Boise State University 1990 ~ Bar Admissions: Idaho 1993 United States District Court of Idaho (1993) Mr. Shoclzley~s practice concentrates on general civil litigation, with emphasis in general business practice and insurance defense. ~ Mr. Shocleley began his career in private practice following his graduation in 1993. Mr. Shockley has been associated with Sasser ~ Inglis since 2001. ~ Mr. Shoclxley is a member of the Idaho State Bar Association. ~ Mr. Shoclzley is an Idaho native. His interests include agriculture, reading, gol~, and spending time with his wi~e and son. KATHERINE TAKASUGI Juris Doctorate, University o~ Idaho 1995 • L.L.M., Taxation, University o~ Denver 1996 ~ Bachelor o~ Science, Medical Technology 1981 Bachelor of Science, Microbiology 1980 Idaho State University 1980 ~ 1981 ~ Bar Admissions: Idaho 1995 United States District Court (1995) ~ Ms. Talzasugi s practice concentrates on general civil litigation and business law. ~ Ms. Talzasugi began her legal career as a law cleriz ~or the Honorable James C. Mor~itt. Following her clerizship in 1999, she worized in private practice before beginning with Sasser ffi Inglis, P.C. as an associate attorney. ~ Ms. Talzasugi is a member of the Idaho State Bar Association, and American Inn o~ Court No. 130. Ms. Talzasugi's interests are {fishing and hiking. SASS~R ~ INGLIS, P.C. 3100 S. Vista Avenue, Ste. 200 P.O. Box 16488 Boise, Idaho 83715 Telephone: (208) 344-8474 Facsimile: (208) 344-8479 E-mail: tk@sasseringlis.com PATRICK J. INGLIS ~ Juris Doctorate, University o~ Idaho 1986 ~ Bachelor of Arts, Business Administration University o~ Washington 1983 ~ Bar Admissions: Idaho 1986 United States District Court o~ Idaho (1986) ~ Mr. Inglis's practice concentrates primarily on civil litigation with a special emphasis on insurance de~ense. ~ Mr. Inglis, a senior partner with the {irm, began his legal career as an extern for the United States Court o{ Appeals ~or the Ninth Circuit in 1985. He served as a Law Cleriz for the Idaho Supreme Court from 1986 to 1987. ~ Mr. Inglis is a member o~ the Idaho State Bar Association, American Bar Association, De~ense Research Institute, Idaho Association o~ De~ense Counsel, Boise Insurance Adjusters Association, and American Inn o~ Court No. 130. He is past Chairman of the Board o~ Boise Neighborhood Housing Services, Inc. ~ Mr. Inglis is an Idaho native. His interests and hobbies include gol~, sleiing and basizetball SAS SCR ~ INGLIS, P.C. 3100 S. Vista Avenue, Ste. 200 P.O. Box 16488 Boise, Idaho 83715 Telephone: (208) 344-8474 Facsimile: (208) 344-8479 E-mail: pji@sasseringlis.com M. MICHAEL SASSER ~ Juris Doctorate, University of Idaho 1974 ~ Bachelor o~ Arts, Public Administration University of Maryland 1971 ~ Bar Admissions Idaho State Bar United States District Court o~ Idaho United States Court o~ Appeals ~or the Ninth Circuit United States Court o~ Appeals for the Federal Circuit United States Supreme Court ~ "A" Rated Attorney by Martindale Hubbe~~ Law Directory ~ Mr Sasser began his legal career as a deputy prosecuting attorney with the Ada County Prosecuting Attorney's O{~ice. Following a general practice in a Boise law firm ~or several years, Mr. Sasser established the firm of Hamlin ~ Sasser, P.A. in 1982. The ~irm became Sasser Ffi Inglis, P.C. in 2001. ~ Mr. Sasser's practice concentrates on litigation with a special emphasis on insurance disputes, bad with, personal injury, product liability actions, as well as environmental law, employment law, and commercial litigation. In addition, Mr. Sasser is a slxilled mediator o~ civil disputes. ~ Mr. Sasser is a member o{ the American Bar Association, Idaho State Bar Association, Defense Research Institute, Idaho Association of Defense Counsel and Trial Lawyers Association. Mr. Sasser is a past member of the Idaho Law Review and authored "Journalistic Privilege," Idaho Law Review, Spring, 1974. ~ Mr. Sasser is active in civic and church organizations and has served in various leadership positions in these organizations ~or many years. SASS~R ~ INGLIS, P.C. 3100 S. Vista Avenue, Ste. 200 P.O. Box 16488 Boise, Idaho 83715 Telephone: (208) 344-8474 Facsimile: (208) 344-8479 E-mail: mms@sasseringlis.com MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird ~_ .. y r,_ _., `~ erl~tcn~ ~~ IDAHO j F~F~ j ~ R f~•Ta V`-L~~ LEGAL DEPARTMENT (208) 288-2499 •Fax 288-2501 PARKS & RECREATION (208 888-3579 •Fax 898-5501 PUBLIC WORKS (208) 898-5500 •Fax 887-1297 BUILDING DEPARTMENT (208)887-2211 •Fax 887-1297 " a , i9"03 PLANNING AND ZONING (208) 884-5533 •Fax 888-6854 September 18, 2002 Mr. M. Michael Sasser Sasser & Inglis, P. C. 3100 S. Vista Avenue P.O. Box 16488 Boise, ID 83715 344-8474 fax 344-84 79 Re: Request for Proposal for Civil Legal Service Dear Mr. Sasser Thank you for responding to the City of Meridian's request for civil legal services. We appreciate your proposal and invite you and your firm to do a presentation before the Mayor and City Council on Wednesday, October 2, 2002 at 6:45 pm at the City Council Chambers at the Meridian City Hall. You will have 25-30 minutes for your presentation and 10-15 minutes for a question and answer period. The City Council asked that you provide professional courtesy and come only at your assigned presentation time. The Mayor and City Council may make deliberate a decision around 8:15 pm that same evening. If you have any questions concerning this presentation, please contact me as soon as possible. Sincerely ~~ William G. Berg, Jr. City Clerk 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 •Fax (208) 887-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208 8 84-8723 SASS~R ~ INGLIS, P.C. L~ttorneys at Law M. MICHAEL SASSER Email: mms@sasseringlie.com 3100 S. VISTA AVENUE, SUITE 200 P.O. BOX 16488 BOISE, IDAHO 83715 September 30, 2002 Telephone (208) 344-8474 Facsimile (208) 344-8479 RECEI~TEI~ SEP 3 0 2002 HAND DELIVERED City of Meridian. City Clerk Office Mr. Will Berg Meridian City Clerk 33 E. Idaho Meridian, Idaho 83642 Re: RFP No. 02-001; City Attorney/Civil Legal Service for the City of Meridian Dear Mr. Berg: Our firm hereby withdraws its bid for the contract for the City Attorney/Civil Legal Service for the City of Meridian, RFP No. 02-001. This has been a difficult decision for us to make. Upon further reflection of the time commitment and the staffing required to adequately serve the needs of the City of Meridian and our present client base, we believe that we currently lack the resources to fulfill this commitment should we be awarded the contract with the City. Please remove the name of our firm from the scheduled presentation set for October 2, 2002, at 6:45 p.m., before the Mayor and City Council. Thank you for considering our firm with regard to this opportunity. Very truly yours, DiCt_...G by attcuney afld rneiied witl~out Si~'I~Nr M his/her ab~n0~ q QOM ~~, M. Michael Sasser MMS:kt CITY OF MERIDIAN RFP NO. 02-002 August 16, 2002 The City of Meridian is requesting proposals for City Prosecutor / Criminal Legal Services for the City of Meridian. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. A complete package of requirements necessary to comply with this RFP may be obtained from: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Clarifications to the Request they are submitted in writing least five working days prior clarifications to the require addendum to the proposal. No the City or the consultant. for Proposals will be considered only if and received by Meridian City Clerk at to the proposal opening. All nents will be addressed as a written verbal clarifications will be binding on Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP No. 02-002; City Prosecutor/Criminal Legal Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 by 4:00 p.m. on the 16th day of September, 2002. No exceptions. All proposals must be signed. THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGULARITIES IN THE PROPOSALS RECEIVED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CITY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE. CITY OF MERIDIAN CITY CLERK'S OFFICE TO: Mayor Corrie Council Member de Weerd Council Member McCandless Council Member Bird Council Member Nary ~--._ From: William G. Berg, Jr. ~%GC/ Date: Friday, September 27, 2002 Re: RFP for Legal Services After reviewing the RFP for legal services, I have the following concerns and comments. There are several issues, which will be determined by you to have more priority than others. Some of these have nothing to do with the ability of the firm to provide the service but to the circumstances at which you determine the level of service to which they will need to provide. Please understand that my comments may just be other perspectives to examine. Citv Prosecutor /Criminal Legal Services: Boise City ~ large base of experienced attorneys to perform service + team concept for covering service + awareness of municipal issues and concems + will try to provide communication link to city employees ^~ access from general public and citizens ? can meet budget limits + ^- conflict of interest with Bill Nary's employment and reviewing ? Foley, Freeman, Borton & Stern, Chartered limited staff but experienced attorneys to perform service awareness of municipal issues and concerns ? located in Meridian so access might be better to employees and general public (more of a concern and involvement for the community) + will not meet current budget limits Garden City ~ limited staff and indicated would have to hire additional people ? awareness of municipal issues and concerns + communication to employees ? access from general public and citizens ? can meet budget limits + Gity Attonnev /Civil Legal Services: Bieter Werth & Walker, PLLC limited staff to two experienced attorney to perform services team concept for covering services + aware of municipal issues and concerns + access to employees and general public ^~ can meet budget limits + Sasser & Inglis, P.C. staff with limited experienced attorney to perform services aware of municipal issues and concerns via ICRMP + access to employees and general public ? meeting current budget limits is questionable ? White, Peterson, Morrow, Gigray, Rossman, Nye &Rossman, P.A. large base of experienced attorneys to perform services + awareness of municipal issues and concerns + access to employees and general public -the Meridian location is good for access if the location is staffed with attorney +/- budget limits ? knows more of the internal issues -concerned about the additional costs for the additional services outside the retainer These are very brief comments but hopefully to the point. Thank you for allowing me to present them to you. JOANN C. BUTLER SANDRA L. CLAPP KELLY M. GARRITY MICHAEL T. SP7NK September l6, 2402 Mayor Robert Corrie and City Council City of Meridian 33 East [daho Meridian, ID 83642 (208) 388-1093 (DIRECT) J BiJTLER@SBC-ATTORNEVS.COM -,.. '° ~.. '~ . ~. Dear Mayor and City Council: During a meeting this past week at the City, I became aware that the City had issued a request for proposals for legal services. At that meeting I mentioned to Mayor Corrie that, in my opinion, the legal services the City is receiving from White Peterson are exemplary. Our firn~ practices before the City in connection with land use matters, which matters constitute a significant area of legal services for the City. I can say with confidence that in each land use matter that we have had in Meridian, White Peterson has carried out the direction of the Council in a thorough and professional manner. I would be happy to answer any questions that the Mayor or the Council may have in this regard. Sincerely, ~- ~~n'~~Jv~'' JoAnn C. Butler JCB:Ia 251 E. FRONT STREET SUITE 200 PO. BOx 639 BOISE, IDAHO 83701 208-388-7000 208-388-1001 (F) W W W.SBC-ATTORNEYS. CONI DRAFT .t~~V.~1 v~I~ ocz ~ ~ ~coz City of Meridian AGREEMENT FOR CITY ATTORNEY /CIVIL LEGAL SERVICES City Clerk Office This Agreement for City Attorney/Civil Legal Services (hereinafter referred to as "Agreement") is made this day of October, 2002, between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "City"), and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., an Idaho corporation (hereinafter referred to as "White Peterson"). RECITALS 0.1 Pursuant to Idaho Code § 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 /civil legal 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 Agreement by this reference. 0.2 In response to the City's request for proposals, White Peterson submitted an Attorney Contract Proposal dated September 16, 2002, a copy of which is attached hereto as Exhibit "B" and which is incorporated in full herein and is made a part of this Agreement by this reference. 0.3 Among the proposals received in response to 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 Page 1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound thereby, City and White Petersen covenant and agree as follows: 1 INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are contractual and binding and are incorporated herein as if set forth in full. 2 DEFINITIONS. In addition to any other definitions set forth in this Agreement, for all purposes of this Agreement the following terms are defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "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; drafting recommendations, 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. 2.2 "Retainer Legal Services" shall include attendance of the City Attorney at four (4) pre-council meetings of the City Council per month; City Attorney AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 2 attendance at four (4) meetings of the City Council per month; .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; City Attorney attendance at quarterly joint City/Ada County Highway District meetings; routine telephone and personal conferences with City employees and officials including the Mayor and City Council members; City Attorney attendance at one (1) City staff meeting per month; subjectto approval bythe Mayorand 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; judicial review of planning and zoning matters (excluding appeals of District Court decisions); 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 all other legal services as set forth in the Proposal submitted by White Peterson (Exhibit "B"), excluding legal services specifically identified therein as being provided outside the monthly retainer. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 3 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 1st and ending September 30th of each calendar year, as provided by State law and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for City. 3 SERVICES PROVIDED BY WHITE PETERSON. Pursuant to the terms of this Agreement, White Peterson is hereby appointed by the City to perform all Retainer Legal Services forthe City and such otherAdditional 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 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 five hundred and 00/100ths dollars ($17,500.00) per month. 4.1.1 Payment for Retainer Legal Services shall be due monthly in advance on or before the 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 attorneys (itemized by date, attorney performing services, and AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 4 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 of the City shall be paid at the rate of $125.00 per hourfor services performed by White Peterson's shareholder attorneys, $100.00 per hour for associate attorneys, and $60.00 per hour for a legal assistants or paralegals (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-of-pocket expenses (such as filing fees, postage, etc.) incurred by White Peterson in the performance of the Additional Legal Services as authorized by City. 4.2.2 White Peterson shall provide the City with a monthly itemized invoice of all Additional Legal Services performed (including all out- of-pocket expenses). Provided the invoice is received by the _ 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 REPRESENTATIONS AND WARRANTIES OF WHITE PETERSON. White Peterson represents and warrants to City as follows: AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 5 6.1 Authority. White Peterson has the right, 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 ability to enter into or perform under this Agreement. 6.3 Corporate Status. White Peterson is a professional service corporation duly organized, validly existing, and in good standing under the laws of the State of Idaho and has all necessary corporate powers to enter into this Agreement. 6.4 Nichols Designated Primary Attorney. White 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 this Agreement and in compliance with existing laws, ordinances, rules, or regulations of any applicable regulatory authority or governmental body. 6.6 Non-Exclusive Agreement. 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 for special expertise or otherwise. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 6 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: Coverage Limits of Liability 8 9 10 11 Professional liability (errors and omissions) $ Workman's Compensation Statutory limits Employer's Liability $1,000,000.00 General Liability (bodily injury and/or property damage) $1,000,000.00 Automobile bodily injury and/or property damage liability (combined single limit) $1,000,000.00 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. 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. TERMINATION. This agreement may be terminated upon mutual agreement of the parties. Meridian shall also have the right to remove White Peterson's appointment as City's attorneys in the manner as set forth in Idaho Code § 50-206 and terminate this Agreement, with or without cause, at any time upon thirty (30) days advance written notice to White Peterson. 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 AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 7 a judgment is entered, all reasonable attorneys' fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entitled. 11.2 Binding Effect. This Agreement shall be binding upon the heirs, estates, personal representatives, successors, and assigns of the parties. 11.3 Choice of Law. This Agreement will be interpreted in accordance with the laws and statutes of the State of Idaho. 11.4 Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: Notice to 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. 5700 East Franklin Road Nampa, Idaho 83687 11.5 Par~raphHeadinas. The paragraph headings ofthisAgreementareforclarity in reading and not intended to limit or expand the contents of the respective paragraphs. 11.6 Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a way as to be effective and valid under applicable law. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 8 If a provision of this Agreement is prohibited by, or invalid under applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 11.7 Further Assurances. The parties each for themselves do further covenant to the others to execute any and all other documents necessary to effect the transfers contemplated by this Agreement. 11.8 Time. Time is declared to be of the essence to this Agreement. 11.9 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power, or privilege under this Agreement or the documents referenced in this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. 11.10 No Assignment by White Peterson. White Peterson shall not sell, assign, or transfer all or any portion of its interest in this Agreement at any time. 11.11 Hand-written Provisions. Hand-written provisions inserted in this Agreement, and initialed by the parties in ink, shall control all type-written provisions in conflict therewith. 11.12 Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to its subject matter, and constitutes (along with the other documents referred to in this Agreement) a complete and exclusive AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 9 statement of the terms of the agreement between the parties with respect to its subject matter. 11.13 Execution and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original agreement, but all of which shall be considered one instrument. 11.14 Amendments. This Agreement may not be amended, modified, altered or changed in any respect whatsoever, except by further agreement in writing duly executed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY: ATTEST: CITY OF MERIDIAN By: Robert D. Corrie, Mayor By: William G. Berg, Jr., City Clerk STATE OF IDAHO ) ss. County of Ada ) On this-day of October, 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William Berg, known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 10 WHITE PETERSEN: ATTEST: By: Its: STATE OF IDAHO ) ss. County of ) WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. By: Terrence R. White, President On the _ day of October, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Terrence R. White and ,known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the President and 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. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. Notary Public for Idaho Residing at My Commission Expires: Idaho AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 11 EXHIBIT "A" (Attach copy of City's. Request for Proposals [RFP NO. 02-001] here) AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 12 EXHIBIT "B" (Attach copy of W P's Attorney Contract Proposal dated September 16, 2002) AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 13 AGREEMENT FOR CITY ATTORNEY I CIVIL LEGAL SERVICES This Agreement for City Attorney/Civil Legal Services (hereinafter referred to as -~ "Agreement") is made this lg day of J(~el~eh, 2002, between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "City"), and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., an Idaho corporation (hereinafter referred to as "White Peterson"). RECITALS 0.1 Pursuant to Idaho Code § 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 /civil legal 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 Agreement by this reference. 0.2 In response to the City's request for proposals, White Peterson submitted an Attorney Contract Proposal dated September 16, 2002, a copy of which is attached hereto as Exhibit "B" and which is incorporated in full herein and is made a part of this Agreement by this reference. 0.3 Among the proposals received in response to 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 page 1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound thereby, City and ~Vhite Peterson covenant and agree as follows; 1 INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are contractual and binding and are incorporated herein as if set forth in full. 2 DEFINITIONS. In addition to any other definitions set forth in this Agreement, for all purposes of this Agreement the following terms are defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "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 ordefending 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 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 2.2 "Retainer Legal Services" shall include attendance of the City Attorney (or if unavailable, 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/Ado 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 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 all other legal services as set forth in the Proposal AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 3 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 1st and ending September 30th of each calendar year, as provided by State taw and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for City. 3 SERVICES PROVIDED BY WHITE PETERSON. Pursuant to the terms of this Agreement, White Peterson is 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 all Retainer Legal Services, including all out-af-pocket expenses incurred by White Peterson in performing the Retainer Legal Services, City shall pay White Peterson the total sum of seventeen thousand five hundred and 00/100ths dollars ($17,500.00) per month. 4.1.1 Payment for Retainer Legal Services shall be due monthly in advance on or before the 20`" 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 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 Lega! Services performed by White Peterson at the request of the City shall be paid at the rate of $125.00 per hour for services performed by White Peterson's shareholder attorneys, $100.00 per hour for associate attorneys, and $60.00 per hour for a legal assistants or paralegals (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-of-packet expenses (such as filing fees, postage, etc.) incurred by White Peterson in the performance of the Additional Legal Services as authorized by City. 4.2.2 White Peterson shall provide the City with a monthly itemized invoice of all Additional Legal Services performed (including atl out- of-pocket expenses). Provided the invoice is received by the 5`h 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 REPRESENTATIONS AND WARRANTIES OF WHITE PETERSON. White Peterson represents and warrants to City as follows: AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 5 6.1 Authority. White Peterson has the right, 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 orpending against White Peterson which would materially affect White Peterson's ability to enter into or perform under this Agreement. 6.3 Corporate Status. White Peterson is a professional service corporation duly organized, validly existing, and in good standing under the laws of the State of Idaho and has all necessary corporate powers to enter into this Agreement. 6.4 Nichols Desionated Primary Attorney. White 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 this Agreement and incompliance with existing laws, ordinances, rules, or regulations of any applicable regulatory authority or governmental body. 6.6 Non-Exclusive Agreement. White Peterson acknowledges thatthis 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 for special expertise or otherwise. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 6 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: Coverage Limits of Liability Professional liability (errors and omissions) $2,000,000.00 Workman's Compensation Statutory limits Employer's Liability $2,000,000.00 General Liability (bodily injury and/or property damage) $2,000,000.00 8 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, oromission 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 may be terminated upon mutual agreement of the parties. Meridian shall also have the right to remove White Peterson's appointment as City's attorneys 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 11 GENERAL PROVISIONS. 11.1 Attorney's Fees. If any action or proceeding is instituted to enforce or construe any provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from any party or parties against whom a judgment is entered, all reasonable attorneys' fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entitled. 11.2 Bindina Effect. This Agreement shall be binding upon the heirs, estates, personal representatives, successors, and assigns of the parties. 11.3 Choice of Law. This Agreementwill be interpreted in accordance with the laws and statutes of the State of Idaho. 1'1.4 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 83687 AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 8 11.5 Paragraph Headings. The paragraph headings ofthis Agreement are forclarity in reading and not intended to limit or expand the contents of the respective paragraphs. 11.6 Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a way as to be effective and valid under applicable law. If a provision of this Agreement is prohibited by, or invalid under applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 11.7 Further Assurances. The parties each for themselves do further covenant to the others to execute any and all other documents necessary to effect the transfers contemplated by this Agreement. 11.8 Time. Time is declared to be of the essence to this Agreement. 11.9 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power, or privilege under this Agreement or the documents referenced in this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. 11.10 No Assignment by 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 ATTORNEYICIVIL LEGAL SERVICES Page 9 11.11 Hand-written Provisions. Hand-written provisions inserted in this Agreement, and initialed by the parties in ink, shall control all type-written provisions in conflict therewith. 11.12 Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to its subject matter, and constitutes (along with the other documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. 11.13 Execution and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original agreement, but all of which shall be considered one instrument. 11.14 Amendments. This Agreement may not be amended, modified, altered or changed in any respectwhatsoever, 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: CITY OF RIDIAN By: Rob D. Corrie Mayor ATTEST: ````\~~~~~~~~~, ,,~~~~~,' gy• ,U... ., ~ Fo _ William G. Berg, Jr., Cit Clerk _ ~~~.~~ ~ a~ ~ ~~ Q, !~. ,lip t'~U,nf~l ~~ ~~ ~~~~°srrt~a;,:; si=t±,~;~~~~~``` AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 10 WHITE PETERSON: WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. By: Terrence R. White, President ATTEST: ~, ~' ~ 1 STATE OF IDAHO ) ss. County of Ada ) On this ~ day of 0 , 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William Berg, known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. written. IN WITNESS WHEREOF to affixed my off, iccial seal the day and year first above ~ f 's . ~ o STATE OF IDAHO ••~S?,`~°l7gs,1~ +•e~OFIS County of~~ ) Public for Idaho ig at ~~-~^u,v~"G.~;~ ,Idaho nmission Expires: ,t.f _ 2~_~.,- On the ~ day of , 2002, before me, the undersigned, a Notary Public in and For said State, personally appeared Terrence R. White and Rh~l i~ A. PC~Spr ,known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the President and ~ respectively, of White, Peterson, Morrow, Gigray, Rossman, Nye &Rossman, P.A., an~i4fi~~t;ltd to me that they executed the same for White, Peterson, Morrow, Gigray, Rossman, -~` -~-- - I have hereunto affixed my official seal the day and year first above ~• ~, ~ 'ti O * '~'. P U $~' ~ i ~1~ N a ublic f r Idaho , ATE ~~ Residing at ~ ,Idaho My Commission Expires: /-aZ~ ad0~( AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 11 EXHIBIT "A" (Attach copy of City's Request for Proposals [RFP NO. 02-001] here) AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 12 CITY OF MERIDIA.*1 August lo, 2002 RE'P NO. 02-001 The City of Meridian is requesting proposals fcr City Attorney / Civil Legal 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 RAP :«ay be obtained from: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP No. 02-001; City Attorney/Civil Legal Services for the City of Meridian and delivered to: Will Berq Meridian City Clerk 33 E. Idaho Meridian, ID 83642 by 4:00 p.m. on the 16th day of September, 2002. No exceptions. All proposals must be signed. THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGULARITIES IN THE PROPOSALS RECEIVED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CITY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE. CITY OF MERIDLAN RFP NO. 02-001 The City of Meridian is requesting proposals for City Attorney/Civil Legal Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Submit ZO copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP No. 02-001; City Attorney/Civil Legal Services for the City of Meridian and delivered to: Will Bera Meridian City Clerk 33 E. Idaho Meridian, ID 336x_2 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, S ecifications, or Process: Any Vendor who wishes to protest the requirements, standards, specification or process outlined in this Request for Proposals may submit a written notification to the City of Meridian, to be received no later than five working days prior to the proposal opening. The notification shall state the exact nature of the protest, describing the location of protested portion or clause in the RFP document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The City may deny the protest, require that the RFP be modified, modify the RFP, and/or reject all or part of the protest. Protest of Contractor Selection or Contract Award: Any actual or prospective proposer who is aggrieved in connection with the selection of a contractor or award of the contract may submit a protest to the City of Meridian. The protest shall be submitted within four (4) working days after such aggrieved person knows or should have known the facts, which give rise to the protest. The protest must set forth in specific terms the alleged reason the Vendor selection or contract award is erroneous. 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 Page 1 of 5 City of Meridian RFP No. 02-001 City Attorney / Civil Legal Services 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 PROPOSAL SUHMITTAL REQUIREMENTS SCOPE OF WORF{: The City of Meridian is soliciting proposals from Iaw firms to provide Legal Services as the 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: - Administrative Law - Annexation Law - Condemnation/Eminent Domain - Construction Litigation - Collections and Bad Checks - EEOC; Human Rights Commission - Employer and Income Tax Law; Wages - Employment Law - Environmental Law (including NPDES Clean Air Act, Hazardous Waste, - Evictions - Foreclosures - Franchising/Telecommunications - General Litigation - Planning and Zoning Law - Public Meeting Requirements - Public Records Law - Public Works Contracts - Property Acquisition - Real Estate Law and Benefits Permitting, Clean Water Act, TMDL, and Effluent Trading) - State or Federal Civil Rights Defense - State or Federal Civil Defense - State or Federal Criminal Defense - Unemployment Claims - Water Law - Workers Compensation Page 2 of 5 City of Meridian RFP No. 02-001 City Attorney / Civil Legal Services I SUBMITTAL PROCEDDRE A. Date & Location: Written proposal submittals are due on the 16th day of September, 2002 at 4:00 p.m. local time at the office or the City Clerk. The envelope in which the proposal is received must be specifically marked: RFP No. 02-001; City Attorney/Civil Legal Services for the City of Meridian and delivered to: Wi11 Berg Meridian City Clerk 33 E. Idaho Meridian, ID 3364? B. Please submit Ten (10) copies of the proposal in a sealed package and identified as follows: "SEALED PROPOSAL" "RFP No. 02-001; City Attorney/Civil Legal Services for the City of Meridian" II PROPOSAL FORMAT Written proposals must be clear, concise and formatted as outlined below to allow for consistent and fair evaluation of each submittal. SECTION I Cover Letter/Signature Page - The cover letter should contain an introduction of you/your firm, a summary of its capabilities to perform the services requested, and a summary of your firm's experience in this type of work. It also is suggested that you outline your interest in this project(s) and ability to respond and perform. The cover letter should be signed by a principal of the firm. The signature page shall be completed and returned with your proposal. SECTION II Available Staff and Equipment - This section outlines the experience and expertise your key individuals have relating to the type of projects anticipated. Please designate the individuals that will be assigned, or anticipated to be assigned, to perform the various tasks and duties outlined. A summary of the number of staff people available to support these key individuals also should be provided. Also, a summary of equipment capabilities such as word processing, .FAX machines, and ability to communicate with the City via E-Mail should be provided. SECTION III Ability to Provide Responsive Services - The services anticipated by this proposal will, for the most part, be requested on short notice with Page 3 of 5 City of Meridian RFP No. 02-001 City Attorney / Civil Legal Services tight time frames. Please outline your firm's approach and commitment for providing the necessary services in a timely fashion. SECTION IV Cost for Services - Please provide a description of the proposed billing methodology which may be a listing of the personnel (type) to be utilized and the billable rate for each category of staff, a blended rate, retainer, or some other method. SECTION V Description of Prior Experience - Each proposer is requested, without disclosing client sensitive information, to submit a description of prier work done in the area of law for which the proposal is submitted including a description of the preferred method of relating to an institutional client, type and manner of case referral, preferred method of development of case strategy, and historical client cost information. SECTION VI Description of Service to the City - Each proposer is requested to describe its methods of determining that matters handled will be timely, professional, and in accordance with City personnel's expectations, that unnecessary activities will be avoided, that ingenuity and resourcefulness by assigned staff encouraged, and how representing parties with interests adverse to the City avoid will be avoided during the contract term. SECTION VII Other (Optional) - This section is provided to allow for any other information, including alternate retainer agreement language you believe is important to be noted as a part of the selection process. APPENDIX (OPTIONAL) A. Resumes B. Brochures C. Letters of Recommendation D. Other III EVALIIATION PROCESS City staff will review and evaluate the responses received against the evaluation criteria listed below. Based on the evaluation of the written proposal by staff, the Contract will be awarded by the City Council. The City Council has final approval and award authority regardless of staff recommendations. A. Evaluation Criteria: The evaluation will be based on the responses received. The City reserves the right to reject any Page 4 of 5 City of Meridian RFP No. 02-001 City Attorney / Civil Legal Services and ali responses received if it deter;nines that action to be in its best interest. The following criteria will be considered in evaluating the responses received: 1. Qualifications and Experience of the Firm: This will be evaluated based on the breadth and depth of the firm's recent and relevant experience in the provision of comparable legal services. 2. Qualifications and Experience o the Individuals Who Wi11 Perform the Wor'{: This will be based on the resumes and recent relevant experience o= 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 o the City's Needs: This will give credit to demonstrated insight; suggested approaches, priorities, or areas of emphasis; and innovative, constructive thinking. 4. Cost: The City is keenly interested in overall cost control and will evaluate carefully the proposed cost proposals provided in response to Section IV. Page 5 of 5 City of Meridian RFP No. 02-001 City Attorney / Civil Legal Services EXHIBIT "B" (Attach copy of WP's Attorney Contract Proposal dated September 16, 2002) AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 13 RESPONSE TO Rrr No. 02-001 CITY' ATTORiYEY / CIVII, LEGAL SERVICES FOR THE CITY OF MERIDL~v RECEIVED SEP 1 6 2002 Citp of l~Ieridiaa City Clerk Offica ATTORNEY CONTRACT PROPOSAL September 16, 2002 SUBMTI'TED BY: WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE 8c ROSSMAN, P.A. Response to RFP ~o. 02-001 September l6, :002 SECTIOiY 1i- FiR.~I LYTRODLCTIOY: Page 1 White, Peterson, Morrow, Gigray, Rosman, Nye c~ Rosman, P.A. 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 Iike 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 codify then existing City ordinances, which, when completed, made it easier for City officials, and customers of the City to find the applicable laws. Terry 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. Terry has also assisted all cities in Idaho by his work on the Association of Idaho Cities Legislative Committee. Phil Peterson, Todd Rossman and former partner Steve Pniss 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 Morrow, a former Canyon County Chief Deputy Prosecutor, is experienced in Federal Civil Rights defense, including cases for the City of Nampa. 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 successfully defended the City's decision in all those cases. Chris also has represented the City of Nampa in eminent domain condemnation lawsuits, and has 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 Rosman served as the Planning & Zoning Commission attorney for several years, and has successfully litigated judicial confirmations for the City of Nampa. Julie 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 Treatment Plant. Kevin Dinius successfully obtained the Judicial Confirmation on the alternative financing for the new police station. Kevin also has been involved in construction WT-IITE, PETERSON, MoRROw, GtGitAY, RossMAly, NYE & RossMnly, p.p, Response to RFP No. 02-OOl September l6, 2002 Page '_ Litigation for the City of Nampa where contractors have not performed according to the contracts, and if that situation should present itself on a tiferidian project, Kevin's experience would be exceptionally helpful in getting the project completed and reco~-enng on the performance bonds. As for Bill Nichols' involvement with the City, he has attended almost all of the Council meetings since February 2000 and has met with every Department Head and other City employees on a variety of issues. He has also assisted the Association of Idaho Cities in the annexation legislation fights in the 2001 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 whether 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, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. By: Terrence White President WHITE, PETERSON, MORRUW, GIGRAY, ROSSiv1AN, NYE & ROSSMAN, P.A. Response to RFP No. 02-001 Page 3 September 10, '_002 SECi'IOti II- AVAILABLE STAFF AND EQUiPMErT: We propose staffing Lhe City of Lleridian'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 firm to handle the matter. The following list of areas of expertise lists those attorneys who can provide representation in those areas. iVir. Nichols will continue to be the primary attorney for the City includin, attendance at most Council meetings.. Terry White and Chris Nye will be the partners who will serve as backup for attendance at Council meetings. As 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 attend Planning and Zoning Commission meetings. Administrative Law: William A. Morrow Christopher S. Nye Annexation Law: William F. Nichols Terrence R. White Condemnation/Eminent Domain: Christopher S. Nye Construction Litigation: Kevin E. Dinius Collections and Bad Checks: William F. Nichols EEOC; Human Rights Commission: Julie Klein Fischer Eric S. Rossman Employer and Income Taa 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, TitiIDL, and Effluent Trading): William A Morrow WI-tiT>:, PL'rERSON, Moluiow, GIGRAY, Rass~rfuv, I~(YE & RUSS1v1AN, P.A. Response to RFP `+o. G2-GGl Page -t September 16, =00~ 1 Evictions: Christopher S. Nye D. Samuel Johnson William F. Nichols Foreclosures: William F. Nichols Terrence R. W1~ite Franchising/'T'elecommunications: William F. Nichols General Litigation: William A. iVlorrow Eric S. Rossman Kevin E. Dinius Planning and Zoning Law: William F. Nichols Terrence R White William F. Gigray Nicholas L. Wollen Public ivleeting Requirements: William F. Nichols Terrence R. White William F. Gigray William A. Morrow Public Records Law: William F. Nichols 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 Todd A. Rossman WHITE, PETERSON, MoRxow, GIGaAY, Rosstitnrr, IvYE & Ross~cacr, p.A. Response to [~,~ No. 02-001 Pa e 5 September lo, :002 ~ Real Estate Law: Terrence R. White Julie Klein F ischer William F. Nichols Todd :~. Rosman State /Federal Civil Rights Defense: William A. Morrow State /Federal Civi] Defense: William A. Morrow Christopher S. Nye Eric S. Rossman Julie Klein Fischer D. Samuel Johnson Kevin E. Dinius Nicholas L. Wollen State /Federal Criminal Defense: Christopher S. Nye William A. Morrow Unemployment Claims: Julie Klein Fischer Water Law: Julie Klein Fischer Workers Compensation: William F. Gigray D. Samuel Johnson White Peterson has a total of 16 attorneys and 21 support staff, including 121ega1 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 an 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 has been performing the legal assistant duties for the Meridian City Attorney's office for approximately 15 years (for Mr. Crookston (1984-1993), City of Meridian (1996-1998), and for White Peterson (1998-Present)). Marlene is a great asset to the firm because of her extensive knowledge of City business, policies and procedures, and City personnel. Backup procedures for staff coverage incase of absence, either planned or unplanned, is in place. Each legal assistant has at least one other staff member who is their replacement during WHITE, PGTERSON, MORRUW, GIGRAY, RossMnN, NYE & ROSSMAN, P.A. Response to RFP No. 02-OOl September 16, .002 Page 6 absences or when thev~ need additional workload assistance. Again, these assignments are based on prior experience and knowledge. Our Office Administrator, Ke1Iy Andrus, is the point person for personnel issues. She has 2~ yews of legal experience, over 1 ~ years of which is exclusively in legal office administration,. It is her responsibility to see that all necessary support is available to each attorney at all times. If at any time additional support is needed, she will immediately evaluate and address tfiose needs and remedy the situation. In 2001, our firm upgraded our network server to improve stability and security. In 2002 we purchased new desktop computers to replace those which could not be upgraded to accommodate the Windows ~ Professional desktop operating system. The remaining computers were all upgraded, and now, all computers in the fi ~~ are running Windows XP Professional with 1~licrosoft Office XP word processing and spreadsheet software. This has improved the stability of our network, and more importantly for Meridian, the conversion from WordPerfect to yficrosoft 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 from 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 iVlicrosoft Outlook ~. Norton Antivirus software is installed on the server and scans all incoming email and attachments. A dedicated fax line is used to insure that voice traffic does not interfere with fax transmissions. Digital cell phones are supplied to all attorneys whose practices involve any significant time out of the office. Our digital phone system includes voice mail which can be checked by attorneys, and staff, from their desks or from 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. SECTION III-ABILTIYTO PROVIDE RESPONSIVE SERVICES: Our proposal for services, as outlined in Section IV below, essentially allows the fine to reserve time by the attorneys who will be primarily assigned to serve the City of Meridian. For example, 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 firm to assign another lawyer to the emergency. WEQTE, PGTERSC~IJ, IvfoRROw, GIGRAY, RosshtAN, NYE & RUSSMAN, P.A. Response to RFP ~o. OZ-001 September 10, =002 Page 7 One of the ways that services can be provided in a timely fashion will be for our firm to implement a mentoring program to take less experienced lawyers and lain 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. Witi`t the change in meeting format, and the desire of the Mayor and Council to keep meetings from going past I O p.m., we believe that there w111 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 iVlr. 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 transition from the current situation where all recommendations and findings are prepared by our office, to a new era where recommendations and findings 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 firm 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 that documentation to the next level. For areas of law which only occasionally confront the City, our firm 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 determine which lawyer would best be assigned to that matter. Any time-sensitive matters will be treated accordingly. For example, if a water law issue comes up, Julie Fischer can iespond 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 finalized. SECTION IV -COST FOR SERVICES: As the City is aware, in the past we have used an approach to billing 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 confirmation Wt-IITE, PETERSOK, MoRROw, GtGxa,Y, RossMAN, NYE & RossNtnN, P.A. Response to RFP No. 02-001 September lti, _002 Page 8 in ?001 cost the City about 5-1000 in extra legal services from our firm. 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 si~uficant advantage to a fixed retainer is that it allows City employees and officials to seek and receive advice timely, and without the hesitation that sometimes occurs if each phone call or conference is billed separately. Under our current retainer, employees and ofncials, can call or meet with one of our attorneys on almost any matter, and the consultation is included in the monthly retainer at no e.Ctra 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 from the City. If alI calls are billable outside of the retainer, it could negatively impact a particular department just 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 combination 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 from 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 of $175) per hour for attorney shareholders (partners) and $100 (instead of $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 bill is rendered. Retainer services would include: attendance at four Precouncil and Council meetings per month and two Planning and Zoning Commission meetings per month; attendance at quarterly joint City/ACRD meetings; routine telephone and personal conferences with City employees and officials including 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 WI-IITE, PETERSON, MORROW, G[GRAY, ROSS[v(AN, NYE & ROSSMAN, p.A. Response to RFP ~o. 02-00 t September lo, 200'_ Page 9 Council, participation in Association of Idaho Cities Legislative Council matters including participation in drafting legislation and testimony before the legislature if requested by AIC; responding to citizen inquiries regarding city ordinances not ~e~aining to criminal matter; telephone and oftice conferences with builders or developers regarding pending development projects where our assistance is requested by City staff; and reti~ew and comment on proposed policies including human resources policies. Services outside of the monthly retainer would include: 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; review or drafting recommendations, findings, or orders for development application decisions; 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 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 mechanism 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. SECTION V - DESCRIPTION OF PRIOR EXPERIENCE: Most of the information requested in this Section is covered in the response to Section I - Firm 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 facts/problem, 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. WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, 1YYE & RO$$~bIAN, P.A. Response to RFP No. OZ-401 September I6, 204 Page 10 With regard to historical client cost information, we feel that the most pertinent information can be found in comparing the fees paid by the City of Nampa. Our other municipal and quasi-municipal clients do not have the same volume of wor or present the same demand for services. In order to compare "apples to apples," comparison to Nampa is more appropriate. For FY 2002-2003, Nampa will pay White Peterson a monthly retainer of ~ 13,00 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. SECTION VI -DESCRIPTION OF SERVICE TO THE CITY: Beginning with the start of the new retainer, our firm will implement a tracking procedure to track assignments given to us by the City. As each assignment is made, the required date for completion will be determined 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 to deternune 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 front, work should be timely completed. If unable to complete a task as originally required, contact «zll be made with the affected depar~nent 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 staff and lawyers are encouraged to bring forth any ideas which may improve the delivery of legal 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 training on our existing software and will be exploring use of practice management software, including document management and document preparation software as a way to improve what we do. Conflicts of interest are avoided by making sure every employee in the firm knows that the City is our client. We have conflict checking procedures in place and recently acquired new W[-r1'['E, PETERSOfY, MORROW, G[cRaY, RossM~x, NYE & ROSSM.aIV, p.p, Response to RFP No. 02-001 September 16, 2002 Page 1 l software which will be used to enhance conflict checks. The practice management software referenced above, if acquired, 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. SECTION 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 AIC Legislative Conference were told that the legislature may assault the City's ability 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 unnecessary 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 necessary 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 construction 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 has been a recent setback regarding judicial confirmation 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 need to be reviewed with an eye to what may successfully pass scrutiny in a judicial confirmation proceeding. Public Works is striving to transition from a developer financed infrastructure installation system, to a system where the City controls the timing and construction of those facilities. This changes the way easements are acquired and may necessitate eminent domain proceedings where WHITE, PETERSON, MORROW, G[GRAY, RossMAN, NYE & RossMAN, P.A. Response to RFP Vo. OZ-OOl September lo, 2002 Page 12 negotiations are unsuccessful. Since the City has not condemned property before, this will be a major change in operations, and ~~ill require legal advice from someone experienced in condemnation lawsuits. The Parks Department is aggressively seeking to acquire new park land and that will require negotiation of purchase agreements as well as review of design and construction contracts. The partnering sought by the City will also require a~eements between the City and nonprofit organizations to achieve the desired goal of providing more park space. The City must also finalize the Parks iVfaster Plan as well as revised impact fee ordinance and fees. The Finance Department needs a document retention destruction policy which will 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, if not all, of these issues. WHITE, PETERSON, MORROW, GIGRAY, ROSSb1AN, NYE & ROSSMAN, P.A. Response to RFP No. 02-001 September 16, 2002 APPENDIX A Attorney Biographical Background WI-IITE, PETERSON, MoRROw, G[GRaY, RossMAN, NYE & RossMaN, P.A. TERRE~TCE R. ~~'HITE " P.4R'TNER EDUCATIOV; B.aR AFFII.LATtoNS • B.A, University of Idaho, 1968 • J.D., University of Idaho (cum laudel, 1971 ^ Idaho Law Review, Board of Editors • Bar Admission: Idaho, 1971 ^ U.S. Tax Court, 1988 ^ U.S. Court of Appeals, Ninth Circuit Washington, 199? - CURREYT PRACTICE Practice at White Peterson emphasizes counsel to the City of Nampa, annexation law, planning & zoning, public meeting & records law, real estate law, public works contracts, corporate law, estate planning, and general litigation MUNICIPAL E~ERIENCE City Attorney for the City of Nampa for 25 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 of Nampa matters. Also represent the Nampa Urban Renewal Agency. GENERAL INTEREST / MEMBERSHn'S -= • Deputy Prosecuting Attorney, Ada County, 1972 " • President, Southwest Idaho Estate Planning Council, 1-978 -.: -~. - Third District, President, 1979-1980 '~ .~ ". _. Idaho State Bar, Chairman, Bar Exam Prep. Committee, 1991-1992 RECENT CONTINUIIVG LEGAL EDUCATION • Land Use Institute, Planning, Regulation, Litigation, Eminent Domain and Compensation • Modern Real Estate Transactions • Idaho Municipal Attorneys Association Annual Meetine _ PHILIP A. PETERSON P.~itTNER EDLiCATION /BAR AFFILL~TIONS • B.S., Accounting, University of Idaho (cum laude), 1969 • J.D., University of Idaho (cum laude), 1979 • Bar Admission: ^ Idaho, 1979 ^ U.S. District Court, 1979 ^ U.S. Tax Court, 1980 CLRRENT PRACTICE Practice at White Peterson emphasizes estate planning, employee benefits, real estate, probate, personal and business tax planning, and general business litigation. ML~1vtCIPAL EXPERIENCE Provide pension and employee benefit counsel to firm municipal clients. GENERAL. I1yI'EREST / ME?~IDERSHIPS • Southwest Idaho Estate Planning Council • Canyon Area United Way, Past President, Past Member of Board of Directors • Kiwanis Club of Nampa, 1981 to present, past President, past Treasurer and Member of Board of Directors • I Believe, Inc., Member of Board of Directors • University of Idaho Alumni Association, Inc. Past member of the National Board of _ Directors Boise Philharmonic, Member of Board of Directors RECENT CONTINIJII~iG LEGAL EDUCATION Pension, Profit Sharing, Welfare, and Other Compensation Plans • Annual Idaho State Tax Institute `VILLIAM A.1~IORRO`V ED~TcArLON / B.a1t Ar~.L-~rroNs • B.A., Kent State University, 1973 • J.D., University of Idaho, 1979 • Bar Admission: ^ Idaho, 1979 ^ U.S. District Cc~~, District of Idaho, 1979 ^ U.S. Court of Appeals, Ninth Circuit, 1983 ^ U.S. Court of Appeals, Tenth Circuit, 199? ^ U.S. Court of Appeals, District of Columbia Circuit, 1995 ^ U.S. Tax Court, 199 CURREM PRACTICE PARTNER Practice at White Peterson emphasizes complex probate matters, environmental law, business, real property issues, civil rights defense, and complex litigation. MuNLCIPAL EXPERIENCE Extensively involved in public records disclosure advice and litigation on behalf of the City of Nampa, including occasional attendance at council and planning and zoning meetings. Worked 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 of Nampa. GENERAL.INTEREST / ME~Exs~S • 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 Counsel, for Canyon County, including legal advisor to Canyon County Planning & Zoning Commission, 1980-1985 • Chief Deputy Prosecuting Attorney, 1985-1987 • Assist in the representation of the City of Nampa, 1987-present • Co-counsel for the City of Caldwell, 1990-199 • Board of Directors and Officer of Kiwanis Club of Caldwell • Assistant Scout Master, Troop #22 1, Caldwell • Member, Idaho Trial Layers' Association • Member, American Bar Association RECENT COi~'i'LutJIIyG LEGAI. EDliCATION • Basic Estate & Gift Taxation and Planning • Idaho Land Use: Current Issues in Subdivision Annexation and Zonins Law • Employment Discrimination y • Environmental Litigation and Advanced Forensics Wt1~1. F. GIGRAY, III . P ~RTNER EDCiC.~TION / BAR AFFII.L~TIONS • B.A., University of Idaho, 1969 " J.D., University of Idaho, 1972 • Bar Admission: .. Idaho.I973 " U.S. Dist~rct Court, District of Idaho, 197 3 " U.S. Court of Appeals, 1980 ^ U.S. Supreme Court J CtiRRENT PR4CTICE 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, VS%ilder Rural Fire Protection District, Cambridge Rural Fire Protection District, Greenleaf Cemetery District, Garden Valley Recreation District, and Wilder Library District. MUtizciPai. EXPERIENCE Counsel 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, franchise implementation, contract law, human rights, education law and formation of educational policies, inverse condemnation and eminent domain law and workers' compensation. SPECIAL INTEREST /MEMBERSHIPS • Successfully obtained judicial confirmation of million+ dollar issuance of certificates of participation for construction of irrigation system for Purple Sage Golf Course. • Represented the City of Caldwell in Fair Housing lawsuit • Represented School District in Class Action Race Discrimination lawsuit • Member, American Trial Lawyers' Association • Immediate Past President, Idaho Trial Lawyers' Association - ~ President, Caldwell Foundation for Educational Opportunity, Inc. • President, Greenbelt Civic League of Caldwell, Inc. • IVfember, Foundation for Ada/Canyon Trail Systems RECENT CONTLvZ~ING LEGAL EDUCATION • Presenter, Basics of a Tort Claim Invo(vina Subdivisions of the State of Idaho • Presenter, Land Use Law • Mediation & Workers' Compensation .~ TODD A. ROSS~~L~N P.-~RTYER - EDLCATION /BAR AFFII..L~TIONS • B.B.A., Boise State University, 1986 • J.D., Gonzaga Law School, 1989 • LL.M. in Taxation, University of Denver, 1990 Lar Ad,~ission: ^ Idaho, 1989 • U.S. District Court, 1989 ^ U.S. Tax Court, 1990 y U.S. Court of Appeals, Ninth Circuit ^ U.S. Court of Appeals, Tenth Circuit CURRE:vT PR4CTICE Practice at White Peterson emphasizes federal, state and local taxation, estate pIaruiing, wills, trusts, probate, elder Iaw, complex real property transactions, including 1031 exchanges, and business entity planning. GENER.~L. INTEREST / ME~ERS~S ' • Southwest Idaho Estate Planning Council (President, 1990 = ~ Third District Baz Association (President, 2001-2002) CHRISTOPHER S. NYE PAR`I :~(ER EDUCATION / B~LR AFFILIATIONS • B.A., University of Kansas, 1979 • J.D., Univeniry of Kansas, 198? • Bar Admission: ^ Idaho.I982 ^ U.S. District Court, District of Idaho., 198? CLRRE.~T PRACTICE Practice at White Peterson emphasizes ci~zl litigation, real property litigation, and family y law. ' ML~RCII'AL EXPERIENCE As Prosecutor for Canyon County, prosecuted criminal violations ranging from 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 all legal representation including successful representation before the Idaho Supreme Court in the Planning and Zoning case of Bradv v. City of Homedale (1996). Also represented the City of Caldwell in civil and criminal matters including direct supervision of alI criminal misdemeanor matters, and the City of Nampa in litigation matters including successfully defending the City in a slip and fall case in 1997. ~~ GENERAL. LNTEREST / MEII~IDERSIIIPS • Personally tried in excess of 50 jury trials and between 500-1,000 court trials. • Canyon County Deputy Prosecutor, 1983-1986 .__ . . _ Canyon County Public Defender, 1986-1989 . • .Contract attorney for the State of Idaho, Dept. of Health & Welfare • Successfully obtained the largest verdict ever awarded in the Third Judicial District, Jacobson Feedlot v. First Interstate Bank (1990), Wm Morrow, lead counsel. . __ Member, Idaho Trial Lawyers' Association - Member, Association of Trial Lawyers of America RECENT CONTINUING LEGAL EDUCATION • Presenter, Judicial Confirmation • Dept. of Health & Welfare, Annual Contract Attorney Meeting ERIC S. ROSSI~LA,N P.~IRTYER ~- EDUCATION /BAR AFFILIATIONS • B.B.A., Boise State University, 1939 • J.D., University of Idaho, 199? ^ Idaho Law Review • Bar Admission: ^ Idaho, 199? ^ U.S. Court of Appeals, Ninth Circuit ^ U.S. Court of Appeals, District of Columbia Circuit CURRE\T PR4CTICE __ Practice at White Peterson emphasizes complex civil, real estate, insurance and municipal litigation. MUNICIPAL EXPERIENCE Successfully pursued recovery of 5400,000 claim against performance bond of concrete sub-contractor in construction of the Idaho Center, successfully defended lawsuit by landowner against City of Nampa under Federal Rails to Trails Conservancy Act before - Federal District Court and Federal Court of Appeals for District of Columbia; and successfully defended City of Nampa before the Idaho District Court in planning and zoning civil judicial review matters. . G~~ERAL INTEREST / MEMBEItSIiIPS ., - ~ • Successfully obtained judicial confirmation of 56.5 million dollar issuance of Certificates ~; _ - _ of Participation for construction and operation of the Nampa Recreation Center • Successfully obtained judicial confirmation of $3 million dollar issuance of Certificates of Participation for the construction and operation of the Ridgecrest Golf Course • Successfully obtained judicial confirmation of $3.5 million dollar and S12 million dollar issuance of revenue allocation (Tax Increment) bonds for various projects for the North Nampa Urban Renewal Agency including the construction and operation of the Idaho Center . Member, Idaho Trial Lawyers Association -~ Member, Kiwanis Club of Meridian .Member, Association of Trial Lawyers of America - - - - ~ --- ~ :- RECENT CONTINUING LEGAL EDUCATION • Handling Wrongful Termination Clauns • Guide to Federal Court Rules and Procedures in Idaho WILLI.~I~~I F. NICHOLS PARTYER EDUCATION i BA.R AFFILI.~TTONS • B.A., Linfield College (manna cum laude, 1977 • J.D., University of Oregon, 1980 • Bar Admission: ^ Oregon, 1980 • Idaho, 1986 ^ U.S. Tax Court, 1984 CLRRENT PxACTICE Practice at White Peterson emphasizes the representation of the City of Meridian on all civil matters. In additioq private practice consists of probate, real estate, liens, foreclosures and creditors' rights. MUNICIPAL EXPERIENCE Meridian City Attorney, February 2000 to Present _. City Attorney and Assistant City Attorney for City of Nyssa, Oregoq 1983-1999 City Attorney and Assistant City Attorney for City of Adrian, Oregon, 1982-1999 City Attorney and Assistant City Attorney for City of Jordan Valley, Oregon, 1988-1999 GENERAi, IrrrExEST / MEMBERSI~S • 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 Attorneys Association -~- • Secretary, Real Property Section, Idaho State Bar RECENT CONTINIIJIIVG LEGAL EDUCATION - • Idaho Land Use: Current Issues in Subdivision Annexation and Zoning Law • Presenter, Land Use Law Update in Idaho, Land Divisioq 2001 • Scheduled Presenter, Land Use Law Update in Idaho, Land Division, Non Conforming _. Uses, December 2002 JULIE IiLEhi FISCHER ~~ ' P:~RTNER EDUCATION /BAR AFFII.L4TIONS • B.A., Albertson College of Idaho (mama cum laude}, 1939 • J.D., University of Idaho, 1992 ^ Idaho Law Review, Symposium Editor - Bar Admission: • Idaho, 1992 ^ U.S. District Court, District of Idaho, 1992 _, CtiRRENT PRACTICE Practice at white Peterson emphasizes employment law, water law, real estate transactions, and general civil litigation. MUNICIPAL EXPERIENCE Employment practice includes working with various municipalities regarding public employment issues, policies and procedures. GENERAL I1~ITEREST /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 PARTYER EDUCATION /BAR AFFII.L~TIONS B.S., L'aiversity- of Idaho, 1939 + J.D., University of Idaho, 1993 • Bar Admission: • Idaho, 1993 ^ U.S. District Court, District of Idaho, 1993 CURRE?vT PRACTICE Practice at White Peterson emphasizes general civil litigation encompassing employment law disputes, tort claims, contractlconstruction law disputes, real property disputes, lien foreclosure matters and other various civil litigation matters. I am also general 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 Iaw, i.e. land use, planning and zoning, public works, drafting of ordinances and resolutions, and attendance at regular and special City Council meetings. Former prosecuting attorney for the cities of Wilder and Greenleaf and was responsible for prosecuting all misdemeanors and infractions and appearing at other various hearings and - proceedings before the Magistrate Division of the District Court for Canyon County. GENExAL INTEREST /MEMBERSHIPS .' " ~ ~ :_ -: ~_._ ~: ~ :Idaho Trail Lawyers' Association • Kiwanis Club, Meridian RECENT CONTINUING LEGAL EDUCATION • Persuading and Communicating with Modem Jurors • Uninsured and Underinsured Motorist Law in Idaho KEVIN E. DINIUS PARTNER EDUCATIO~1' / B:~R AFFILL4TIONS • B.A., Boise State University (cum Laude), 1996 • J.D., University of Idaho (summa cum laude), 1999 ^ Editor-In-Chief, Idaho Law RerZew, 1998-1999 • Bar Admission: ^ Idaho, 1999 ^ U.S. District Court, District of Idaho, 1999 CL'RRE~T PRACTICE Practice at White Peterson focuses on commercial litigation, lender Liability, personal injury, and construction litigation. ML~+ZCII'AL EXPERIENCE Judicial confirmation for the City of Meridian in ?001 for the construction of the new Meridian police station. Currently represent the City of Nampa, Public Works Department, in connection with all public works projects and associated litigation. GENERAL IIv'TEREST / ME'.~ffiERSHIPS • 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 D~~VID M. S~VARTLEY ASSOCL~TE EDUCATION / BrIR AFFII.L4TIONS • B.A., University of Puaet Sound, 199? • J.D., University of Idaho, 199 • Bar 4dmission: ^ Idaho, 1998 ^ U.S. District Court, Di~ict cfI'cahc, 1998 CUR.REN'I' PRACTICE - Practice at White Peterson includes civil litigation, «1th an emphasis on personal injury and medical malpractice matters, and criminal matter. MUNICII'AL EXPERE:NCE Criminal prosecution and Planning and Zoning Commission meetings. RECE'~1T CONTINUING LEGAL EDUCATION • Effective Expert Witness Examination in Idaho • Winning Trial Techniques - Evictions and Landlord/Tenant Law in Idaho :; ERICA S. PHILLIPS ASSOCLI.TE EDUCATION / B.a~ AFFZI.LaTIONS • B.A., University of Idaho, 1993 • J.D., University of Idaho (summa cum laude), 1999 ^ Executive Editor, Idaho Law Review ^ President, Women's Law Caucus • Bar .admission: ^ Idaho, 1999 CURRENT PRACTICE Practice at White Peterson emphasizes civil litigation, with a particular focus on appellate practice. MUI~TCIPAL EXPERIENCE Internship with the Boise City Attorney's office, summer 1998. Primary duties involved workin; with Public Works Department on complete revision of Boise City's sewer ordinance and various Parks & Recreation issues. GENERAL INTEREST / ME~ERSHII'S • 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 CONTINTJING I:,EGAL EDUCATION • Criminal Law Issues for the Civil Practitioner • Criminal Justice Aspects of Immigration Law • Appellate Practice in Idaho: Critical Steps in an Effective Appeal r• T. GUY HALLAM, JR. ~~ :~SSOCI.~TE EDUCATION /BAR AFFILIATIONS • B.A., University of Tennessee, 199 • J.D., Northwestern School of Law at Lewis & Clark Colleffe (cum laude), 1998 • Bar Admission: ^ OreQon, 1999 ^ Idaho, ?000 ^ Idaho Federal Courts, ?000 CURRENT PRACTICE Practice at White Peterson emphasizes business litigation, including lender liability, contract and employment disputes, and agricultural law. Also practice in the areas of ~~ insurance litigation, medical malpractice and environmental disputes. MUNICIPAL. EXPERIENCE Property taxation and regulatory enforcement actions for various governmental entities. GENERAL INTEREST • Clerk for the Honorable Karen Lansing, Idaho Court of Appeals, 1998-?000 -, . . RECENT COIVTINLTING LEGAL EDUCATION • The Developing Law of Insurance Bad Faith in Idaho • Uninsured and Underinsured Motorist Law in Idaho NICHOLAS L. `VOLLEN ASSOCL~ITE • EDUCATION !BAR AFFILL~TIONS • B.A., University of Idaho, 1997 • J.D., University of Idaho, ?000 • Bar Admission: _ Idaho, 2000 CL~RRL~v~i' PR.aCT1CE Practice at White Peterson emphasizes civil and criminal prosecution for the City of - Meridian. MUMCIPAI. EXPERIENCE Prosecutor, City of Meridian, 2002 Advising Counsel, Meridian City Planning & Zoning Commission Assistant City Attorney, City of Melba Assistant Prosecutor, City of Homedale RECENT CONTINtIiNG LEGAL EDUCATION ~_ Presentation of the Plaintiff as a Witness • The Developing Law of Insurance Bad Faith in Idaho • Land Use, Planning & Zoning - Criminal Law & Procedure RESOLUTION # CZ --3 ~S BY THE COUNCIL: BIRD, DE WEERD, MCCANDLESS, NARY A RESOLUTION APPROVING THE AGREEMENT FOR THE APPOINTMENT OF WILLIAM F. NICHOLS AND THE LAW FIRM OF WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE ~ ROSSMAN, P.A., TO PERFORM CITYATTORNEY DUTIES AND CIVIL LEGAL SERVICES FOR THE CITY OF MERIDIAN, PROVIDING AN EFFECTIVE DATE AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST SAID AGREEMENT. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS the City of Meridian had publicized a Request for Proposals in September of 2002 for City Attorney civil legal services to be performed; and WHEREAS after submittal and presentation to the Meridian City Council, William F. Nichols and the firm of White, Peterson, Morrow, Gigray, Rossman, Nye and Rossman, P.A., was selected to perform that service for fiscal year ending September 30, 2003; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Agreement by and between and the City of Meridian, a .copy of said Agreement marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor is hereby authorized to sign and the Clerk to attest said agreement to be in conformance with the starting date of the Agreement of November 1, 2002. Page 1 of 2 Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Meridian, Idaho, this ~ day of ~ Y ~~~'h ;' ~'' , 2002. ~_ APPROVED by the Mayor of the City of Meridian, this l ~ day of /~~Y~~n ~ , 2002. WILLIAM G. BERG, JR ~ C ~p9 "fir tst . ~' ~ '/f~~l~~lttuv~ {;;N' RRIE -MAYOR Page 2 of 2 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Resolution No. 42 - 3 Q ~, passed by the City Council of the City of Meridian, on this l~~ day of ~t/ove`„, bLr , 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. ~~~~~,~0~"""_'~~-,,,~ ~.~` ,~~1 Of,9''~,, F = = ,c~C~~ - _ = SEAL = ` r o~ ILLIAM G. BERG, JR. 9 g i '~ .~9~g (.S.T ts~ . P~J`\~~. ~, ~~Y , STATE OF IDAHO,''``-~~:~:~ ~r)~~j'"~~~~ ss. County of Ada, ) On this ~ day of IV O~Q~Vw~v in the year 2002, before me, the undersigned, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .••~•^•. (SEAL) :c,~;" ©~ '~ • "~" ~' ~;~; Notary Public of Idaho j Commission Expires: ©~ ~ Z8~- 0 ~ • ~ i a ~ ~ ~ f ~ \, % ~ ^~~• CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN 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 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"), 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 commence 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 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; services rendered in connection with re aration of Re~ulatory Takings Analysis authorized under I C &67 Rnn~; and any other matter not included m 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 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 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 Plannin and Zonm De artment em to ees re ardin the Re lator Takings Analvsis authorized by I C X67 8003; and all other legal services as set forth m 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 fifty and 00/100ths dollars ($17, 850.00) per month. 4• Except as modified by this Addendum No. 1, 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. A IN WITNESS WHEREOF, the paiiies have executed this Addendum No. 1 on this ~~ day of ~. ~. , 2003. CITY: ATTEST: BY• William G. Berg, Jr., WHITE PETERSON: ATTEST: CITY OF MERDIIAN BY: Mayor Robert D. Corrie >>~~ , ~ ~p fir, ~~ C~~ ~OLt~ti~i ~-23 - ~3 ~ ~L ~. irk ~ ~,~~' .,~~~ C~O~~TY , ~~\~`~, V~~I~IT~;,R~'~RSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. By: Terrence .White, President Philip A. Peterson, Secretary STA'G'E OF IDAHO, ) ss: County of Ada, On this ~-Fh day of aC:~~22~ , 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. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. . (SEAL) e ~~~~ ~~~ ~~~ °~~~~~~~ STATE OF IDAHO, ) County of ) ~~ 6 a r, ~' Notary Public for Idaho Residin at: ;~, - ~ i g GI~~. ~L'I~,rl~i~~~. J',-- ~,.~~~~, ~~ ~ - My Commission Expires: z~ --,<,' ~, On this ~ `7 day of /~ ~~~~,L. , 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, Rosman, Nye &Rossman, P.A., and who acknowledged to me that they executed the same for White, Peterson, Morrow, Gigray, Rossman, Nye &Rossman, P.A. ~~~iA~~.~rNESS WHEREOF, I have hereunto affixed my official seal the day and ~e~f'irst~lbove,~'ti~ten. a ,,~~ ~~ o s o ~ n ~ "1 G~~L "'Q '~,~ ~ ~ ~ N t y Public for Idaho ' d ~ b Residin at: ~ g ~"~ i~x.~~~ ~ ~ ~ *- My Commission Expires: ~-~~-~o~/c~ Z:\Work\M\Nleiidian\Ivleridian 15360M\Administration\Adden No. I to Agmt for City Atty Civil Legal Servcies 09 03 03.doc RESOLUTION NO ~~~ ~ ~j~ BY: ~~~/~ir2 ~~r~ 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. 1 TO AGREEMENT FOR CITY ATTORNEY/CNIL LEGAL SERVICES DATED NOVEMBER 18, 2002", BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. 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. 1 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: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain addendum no. 1 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, Rosman, 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/CIVIL LEGAL SERVICES DATEDNOVEMBER 18, 2002 PAGE 1 OF 2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z~ day of ~ri~e~~~iL. , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~3 day of ~~,te ~- 6.~ , 2003. ~~ Ci~ (~Oftinc~'/ rat%~~h-t \`~~ti~~s~a a it;~~r~ ATTEST: ~~,.~~ pF Pvl~~~~~~'''~.~ CITY CLERK ~ 4 Z:\Work~Nl~IvieridianuVleridian 15360M~Admuustration\RES//AD~~T~~ ~R~A`~~iT FOR C1TY ATTY CIVIL LEGAL SERVICES 09 22 03.doc RESOLUTION -ADDENDUM NO. 1 TO AGREEMENT FOR CITY ATTORNEY/CNIL LEGAL SERVICES DATEDNOVEMBER 18, 2002 PAGE 2 OF 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 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 of Idaho, 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 rQ day of J'e~te~b.~. , 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. 1 TO AGREEMENT ENTITLED "ADDENDUM NO. 1 TO AGREEMENT FOR CITY ATTORNEY/CNIL LEGAL SERVICES DATED NOVEMBER 18, 2002", BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, MORROW, GIGRAY, 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, Rosman, Nye & Rosman, P.A., denoted as "ADDENDUM NO. 1 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. 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/CNIL LEGAL SERVICES DATEDNOVEMBER 18, 2002 PAGE 1 OF 2 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain addendum no. 1 to agreement with White, Peterson, Morrow, Gigray, Rosman, Nye & Rosman, 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, Rosman, Nye & Rosman, 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. ~\,1.,;/~y„:®~~_~:;,,, \~~ vy Lf r~y.3°6 .u "t ~~fia °~J `~ ~~~~~, o' :WILLIAM G. BERG, ~~~g~ ~;= ,~ ~° CITY CLERK VV~/g~,9 ~,/ g ~~~~~~~~~T~~9J)1 8i317't~~~'~~~~~ STATE OF IDAHO, ) ss: County of Ada, ) On this ~T `~ day of c;~c'..~~E~Yv14~~e~ , 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. ,~. •''•'®®~oa• • 4 • ~ d (SEAL) p • • ~ . • 4®1A~gL1~.~,0 ~ ®•~OF~•• *•.®::s ~~/~ 4'Yy lr~YVt,~`f~ Notary Public for Idaho Commission Expires: ~{ ~Z$ --~n~ Z:\Work\M\Meridian\Meridian 15360M\Administration\CertifClerk Addend No. 1 to Aant Attorney Civil Services 09 22 03.doc CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 WHITE PETERSON wxrrE PETERSON, P.A., an Idaho Professional Service Corporation RETAINER BILLING STATEMENT March 31, 2004 City of Meridian Accounts Payable 33 East Idaho Avenue Meridian, Idaho (ID) 83642-2631 Re: Monthly retainer billing A~a~ . Retainer fee for Apri12004 Account Number: 15360.001 ~ ~~a - 5~~r~ ~~l ~ s° 191 55ia~ ~~~6 ~ ~~~ ~~/6~ 3 3~7°~ ~ ~~b0 ~ 5/ ~ 5 3~ ~ 17 -~ ~.,.®.~~ .~z~ Please pay the retainer amount from this statement. This statement is for the retainer amount only. A subsequent statement reflecting detail of payments and any non-retainer matters will follow later in the rnonth. l~r~ °~ ruu~t Thanks very much. Your prompt payment is appreciated._ Please remit payment to: WHTTE PETERSON 5700 East Franklin Road, Suite 200 Post Office Box 247 Nampa, Idaho (ID) 83653-0247 Please direct inquiries to: Pike Rimkus, Bookkeeper Telephone: 466-9272 Facsimile: 466-4405 E-mail: pr@whitepeterson.com FFF and RETAINER DISK/RETAINERS-PRi (M) RETAINERS-SECOND • WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (ZOB) 466-9272 FAX (208) 466-4405 FED ID q 82-0309660 Account A t ~# City of Meridian CcOUrI 33 Fast Idaho Avenue ~~t~~ Meridian, ID 83642-2631 urpose o ~ __________~ . _Q, Attn: Accounts Payable 12~_ ~/ ~ ~~~~ v ~~ Previous Balance Fees 15360-001 Civil 0.00 17,850.00 15360-003 Planning & Zoning 0.00 0.00 15360-004 Building Department 0.00 0.00 15360-005 Water Department 0.00 0.00 15360-006 Sewer Department 0.00 0.00 15360-007 MUBS 0.00 0.00 15360-008 Parks Department 0.00 0.00 15360-009 Human Resources 0.00 0.00 15360-010 Police Department 0.00 0.00 15360-011 Fire Department 0.00 0.00 15360-012 Findings and Orders ~'V~~, ~~'< `7.50 i~` 4, 042.50 ti 15360-015 Tax Appeal - Police r t~t~~~n ~:81~ 0.00 15360-016 Collective Bargainin ~ Fire Department ~-. 50~ " Fs~" 597 .50 },~~ 4 ..' ;. s' ~ ;.1 ~50 .~._. ~', Expenses Payments 0.00 -17,850.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Balance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $9.,.600.00 !._ ., ~,~. . 81 ~ °~~ ept. e ~ ppro~~T` ~~ City of Meridian Page: 2 02/29/2004 Account No: 15360R Previous Balance Fees Expenses Payments Balance 15360-017 Public Works 0.00 0.00 0.00 0.00 $0.00 6, .81 22,490.00 0.00 -17,850.00 $11 332.81 ~, ~~ , ~2zro) f vt.e. 5~7 50 ~ ~~ -.~. ~~:~~~~~ ~~. 5sio ~Ui'~-OS2 pf Pd1PGf7~S8 apt. Appt~v~ -Q ~~.- ~ ~~ p ~ ~~ ~ ~~' ~~~17 D~ ~g~~ ~_ Please include account number 15360.001 on your remittance. A finance charge of 1.55 per month, compounded monthly, (19.68 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Attn: Accounts Payable Civil WHITE I~ETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466.9272 FAX (208) 466-4405 FED ID b 82-0309660 Page: 1 02/29/2004 Account No: 15360-OOlR Statement No: 20517 Fees '/02/04 WFN Telephone conference with Ken Harward, Jerry Mason and Doug Strickling re: solid waste franchise statute amendment proposal './03/04 WFN Portion of Council meeting on non land use items '/04/04 WFN Review and reply to email from Tara Green re: agenda for Feb 10 MS Place telephone call to Doreen at Boise City re: Boise Contract between the City of Meridian. MS Telephone discussion with Tom Dovak re: Public Records Request and email WFN. MS To City Hall and back. MS Listen to voice mail from Doreen at Boise City re: Boise City contract with Meridian. Call her back and let her know to contact the Clerk's office. /05/04 WFN Miscellaneous; send email re: agenda items; review emails from Peggy Gardner re: Directors meetings /06/04 WFN Review and reply to email re: liability insurance issues; conference with TRW re: insurance issues WFN Telephone conference with Wi11 Berg re: grant requirements; draft email to Will /09/04 WFN Review email from city WFN Review Sage Contract and the relationship to work required under resolutions necessary to apply for and receive federal funds WFN Conference with JKF re: meeting with ICRMP and Mayor De Weerd WFN Followup conference with JKF re: ICRMP and impact of Bowman case WFN Conference with Will Berg re: agenda and meeting formats WFN Review documents from Mayor's office re: Arrowrock hydro project and MTBE legislation; draft comments to Mayor "10/04 WFN To Meridian; attend Department Directors' meeting with Mayor, Council President and Council Vice President Hours 0.20 ~'~`'~`~ 0.40 0.10 0.40 0.50 0.70 0.40 1.00 1 0.50 0.50 0.30 0.80 0.30 0.20 0.30 0.50 3.00 City of Meridian Cavil WFN Telephone call to voice mailbox of Jay Witt at Compass, return his call re: air quality WFN Prepare for Council meeting CDG Attend Meridian pre-Council meeting and city Council meeting. WFN Attend precouncil meeting WFN Portion of Council meeting (non land use) WFN Attend land use portion of council meeting Page: 2 02/29/2004 Account No: 15360-OOlR Statement No: 20517 Hours 0.10 2.00 3.00 0.50 0.50 1.00 '/11/04 MS To City Hall and back. 0.80 './12/04 4VFN To Meridian; attend SWAAC meeting; return 2.00 WFN Research solid waste ordinance prohibitions; Telephone conference with Bill Gregory re: results of research, ask contractor to check listed prohibitions 0.50 ~~ '`''ti WFN Review proposed revisions to air quality code; review other affected sections of Meridian City Code 1.00 WFN Review and revise drafts of resolutions in connection with ICDBG application for senior citizen center 1.50 MS Prepare the following Resolutions and Certificates of Clerk: Fair Housing Act, Anti-Displacement Relocation Assistance Plan, Idaho Community Development Block Grant, Grievance Procedure, Policy Regarding Non-Discrimination, and Notice of Hearing combined notice for Grievance Procedures and Policy Regarding Non-Discrimination. 2.10 MS Revise Resolution and Certificate of Clerk for Fair Housing Act. 0.40 '/13/04 WFN Review Rexburg impact fee ordinance and resolution for '' ~ parks and public safety impact fees 0.30 ~~'""' ''`~ WFN Review and approve revised drafts of two resolutions for ICDBG 0.20 WFN Review pending legislation that may impact City 1.00 WFN Conference with CDG give associate instructions on clean air ordinance work 1.00 WFN Review retainer matters, review allocation of resources 1.00 MS Revise combined Notice of Hearing for Grievance Procedure and Non-Discrimination. 0.40 MS Revise Resolution on Anti-Displacement Relocation Assistance Plan. 0.40 MS Revise Resolution on Grievance Procedures. 0.40 MS Revise Idaho Community Block Grant Resolution. 0.40 MS Revise Non-Discrimination Resolution. 0.40 MS Email Clerk's office the Fair Housing Act, Summary Fair Housing Act, Idaho Community Development Block Grant Citizen Participation Plan, Anti-Displacement and Relocation Assistance Plan, Grievance Procedures, Non-Discrimination, and combined Notice of Hearing. 0.40 /17/04 WFN Review proposed legislation, begin drafting comments on annexation bill 1.00 WFN Review and comment on proposed legislation 1.00 WFN Research FLSA exemption as it relates to personal staff of elected official; send email to Pauline 2.00 WFN Review Meridian task list; check status 1.00 WFN Attend PreCouncil meeting 1.50 WFN Non land use portion of council meeting 0.20 City of Meridian Civil MS ^to City Ha11 and back. './18/04 WFN Begin preparation of testimony on annexation legislation WFN Work on issues related to pending legislation on irrigation districts and rquirements for encroachment agreements MS To City Ha11 and back. Page: 3 02/29/2004 Account No: 15360-001R Statement No: 20517 Hours 0.80 0.50 1.00 0.80 '/19/04 WFN Telephone conference with Ken Harward re: pending legislation involving irrigation district rights of way and annexation; conference with TRW re: annexation legislation 1.00 WFN Telephone conference with Alan Herzfeld; conference with legal assistant to clarify mistake in documents; draft memo to mayor and council; draft letter to Herzfeld 1.00 CDG Review correspondence with COMPASS re: updates to city burning and clean air ordinances. Compare current code with changes. 0.70 MS Email Clerk the Article 8 - Insurance to attach to the Amendment to the Collective Labor Agreement. 0.30 MS Prepare dictation letter to Alan Herzfeld and copy and mail. 0.50 /20/04 WFN Prepare testimony for hearing on annexation bill 2.50 WFN Telephone conference with Wi11 Berg re: resolution on amendment to collective bargaining agreement 0.10 WFN Prepare for testimony before House committee on annexation bill; to Boise attend hearing and testify on bill 6.00 /23/04 WFN Misc followup on annexation bill testimony 1.50 /24/04 WFN To Meridian; attend Precouncil meeting on new city hall space study 2.00 WFN Portion of Council meeting (not land use or parks) 0.30 MS Sort through the Meridian mail from the box at City Hall. 0.40 /25/04 WFN Review proposed ethics legislation, comment to AIC 0.50 WFN Review and comment on pending legislation 0.50 /26/04 WFN Review email and spreadsheet from Clerk re: surplus property; instructions to legal assistant 0.20 WFN Telephone conference with Will Berg re: cop y of resolution adopting amendment to collective bargaining agreement 0.10 WFN Review Blakeslee Report; prepare notes for discussion 1.50 WFN Review pending legislation; check status of pending bills 1.00 /27/04 WFN Review supreme court decision on solid waste disposal _ ~, franchises; Telephone conference with Mark Freeman 1.00 7~'~'``~ For Current Services Rendered 62.30 17,850.00 Total Current Work 17,850.00 City of Meridian Civil Payments '/12/04 Payment Received - Thank You! Balance Due Please include account number 15360.001 on your remittance. Page: 4 02/29/2004 Account No: 15360-001R Statement No: 20517 -17,850.00 $0.00 A finance charge of 1.5~ per month, compounded monthly, (19.6 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. WHITE PETERSON A°TORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466-9272 FAX (108) 466-4405 FED ID k 82-0309660 City of Meridian 33 East Idaho Avenue Meridian, ID 23642-2631 Page: 1 02/29/2004 Account No: 15360-003R Statement No: 20518 Attn: Accounting Department Planning & Zoning Fees '/02/04 MS Begin review of the January 20, 2004 City Council minutes on Windsong Subdivision Annexation and Zoning. MS Prepare the Annexation and Zoning ordinance, summary ordinance, certificate of clerk, summary cover letter and main cover letter, and proof read legal with legal assistant for Windsong Subdivision. MS Review the January 20, 2004 City Council minutes on Wendy's Subdivision Final Plat. MS Review the January 20, 2004 City Council minutes on Windsong Subdivision for clarification on ACHD's triangular piece of property. :/03/04 WFN Telephone conference with Craig Hood re: possible discrepancy in Findings of Fact, Conclusions of Law, Decision and Order for Troutner Business Park street vacation WFN Review and reply to email from Brad HC re: Locust Grove Place DA WFN Review files before Council meeting CDG Review agenda items and staff reports for P & Z hearing. WFN Review Razzberry Crossing materials; attend land use portion of council meeting MS Review Craig Hood's email on Troutner Business Park Vacation and Preliminary Plat Findings of Fact and Conclusions of Law, email WFN, and print out memorandum for the CC February 3, 2004 meeting. MS Review second email from Craig Hood on Cherry Lane Office Park and forward email to WFN. MS Review City Council minutes of January 20, 2004 for the Final Plat for Wendy's, Havasu Creek, Paramount and Tuscany Village. /04/04 CDG Review staff reports for hearings. Telephone conference with staff re: problems and anticipated concerns at hearing. MS Review the City Council January 27, 2004 minutes on Mayfair Commons Subdivision. MS Review action agenda from the February 3, 2004 meeting. MS Review WFN's notes from the February 3, 2004 City Hours 0.50 0.90 0.40 0.20 0.10 0.10 2.00 0.60 2.00 0.40 0.40 0.50 0.70 0.50 0.10 City of Meridian Planning & Zoning Page: 2 02/29/2004 Account No: 15360-0038 Statement No: 20518 Hours Council meeting. 0.20 MS Respond to Tara's email about Southern Springs - there is no Development Agreement. 0.10 MS Respond to Tara's email about Soda Springs amended Findings of Fact and Conclusions of Law, I have gotten to them yet. 0.10 MS Save Pre-Council January 27, 2004 minutes onto my computer. 0.20 MS Begin to sort through the January 27, 2004 City Council meeting agenda items. 1.40 MS Print out the January 27, 2004 City Council minutes. 0.20 MS Review the January 27, 2004 City Council minutes on Stapleton Subdivision's denial. 0.20 MS Listen to voice mail from Brian McColl re: Squaro - Hold Harmless document. 0.40 './05/04 WFN Conference with CDG re: planning and zoning meeting procedural issues 0.50 CDG Review agenda items and final staff reports. Attend planning and zoning commission meeting. 5.00 './06/04 MS Place call to Brian McColl's office to inform him of the status of the Hold Harmless document he is searching for, left him a message that I will try to get done today. 0.40 MS Place call to Tom Dovak re: Elixir Industries. 0.40 MS Look for Hold Harmless document to be used for Squaro Canyon for Brian McColl and email WFN. (I can't find anything.) 0.90 MS Review the City Council January 27, 2004 minutes on Bridgetower Final Plat. 0.40 :/09/04 MS Begin to sort through the City Council February 3, 2004 agenda items. 1.20 MS Email Clerk the Bridgetower Crossing No. 5 Subdivision Final Plat Order, and send original with attached Exhibit A and Exhibit B by hand delivery by our runner 0.40 MS Review the City Council February 3, 2004 minutes on Troutner Business Preliminary Plat and Vacation. 0.40 MS Email Troutner Business Park Vacation and Preliminary Plat Findings of Fact and Conclusions of Law to Anna Powell and Craig Hood for review and comments. 0.50 MS Revise the City Council February 3, 2004 minutes on Farmers & Merchants State Bank Conditional Use Permit and Variance. 0.40 MS Review Craig Hood's email about Troutner Business Park and print out for the file. 0.40 :/10/04 MS Print out conformed documents received from the Clerk's office. 0.50 MS Review the City Council February 3, 2004 minutes on Gaudry Dental Office Conditional Use Permit. 0.20 MS Review City Council February 3, 2004 minutes on Financial Plaza Subdivision Preliminary Plat. 0.40 MS Email Wendy and Kristy at the Planning and Zoning Department for staff report and recommendations for Financial Plaza Subdivision Preliminary Plat. 0.10 MS Email Sonya Allen to obtain the staff report and recommendations for Financial Plaza Preliminary Plat. 0.10 City of Meridian Planning & Zoning Page: 3 02/29/2004 Account No: 15360-003R Statement No: 20518 Hours MS Place call to ^lara re: staff report and recommendations for Financial Plaza Preliminary Plat. 0.20 MS Review the City Council February 3, 2004 minutes on Razzberry Subdivision. 0.60 ?/11/04 MS Email Planning and Zoing to try to obtain recommendations and staff report on Razzberry Subdivision. 0.40 MS Revise Annexation and Zoning and wait until Anna and Wendy respond back to me on them. 0.40 '/12/04 WFN Review fax from Clerk's office re: Settlers Irrigation District dispute with Nampa Meridian and Sundance Subdivision re: PUIS system ownership and operation 0.20 JS H Telephone conference with Bruce Freckleton re: code interpretation on Lochsa Falls phasing; research phasing issue; email WFN and Bruce 0.75 MS Review email from Ronni Christensen from Brian McColl's office (x's 4) and pull up Non-Development Agreement for Cedar Springs and review on my computer for sewer language. 0.50 './13/04 WFN Telephone conference with Brad HC re: Venable Lane 0.40 MS Email Clerk's office the Conditional Use Permit Findings of Fact and Conclusions of Law, Order and cover memorandum for Razzberry Crossing Subdivision. 0.40 MS Review email from Ronni Christensen for Brian McColl re: Hold Harmless documents about sewer language for Sequaro Canyon, and respond. 0.40 '/16/04 MS Continue review of the January 13, 2004 City Council minutes on Devon Park Subdivision No. 1 and No. 2 for the Conditional Use Permit. 0.30 MS Re-review the January 13, 2004 City Council minutes on Devon Park Subdivision No. 1 and No. 2 on the Conditional Use Permit. 0.30 MS Review the January 13, 2004 City Council minutes on Hark's Corner Conditional Use Permit. 0.40 '/17/04 WFN Review email from C Broer re: Clearbrook Estates mosquito problem; research records; reply to email 1.00 WFN Telephone conference with Dan Steenson re: dispute between Sundance Sub developer and Settlers Irrigation District 0.20 WFN Land use portion of Council meeting 0.80 MS Telephone discusion with Wendy re: Sageland Development Agreement and question from Amanda Alvaro 4' not the 5'. I will review the Development Agreement and let Wendy know. 0.40 MS Sort through the Planning and Zoning items from the February 5, 2004 meeting. 0.60 MS Print out the conformed documents received from the Clerk's office. 0.80 MS Sort through the City Council February 10, 2004 agenda items. MS Review the City Council February 10, 2004 minutes on 1.60 Baldwin Park. MS Review email from Ronni Christensen, respond and email 0.40 Bruce Freckleton. 0.50 City of Meridian Planning & Zoning Page: 4 02;29/2004 Account No: 15360-0038 Statement No: 20518 ?/18/04 MS Prepare Annexation and Zoning Ordinance, Summary Hours Annexation and Zoning Ordinance, summary cover letter and main cover letter, and proof read legal with legal assistant. 0.90 MS Re-review the February 10, 2004 City Council minutes or. Baldwin Park Addition Subdivision. 0.40 MS Review the February 10, 2004 City Council minutes on Cherry Crossing Commercial Subdivision Preliminary/Final Plat. 0.30 MS Email Steve Siddoway for recommendations for Cherry Crossing Commercial Subdivision. 0.30 MS Email Kristy, Sonya, Steve and Tara to obtain the recommendations for Cherry Crossing Commercial Subdivision. 0.40 MS Email Clerk the Preliminary/Final Plat Findings of Fact and Conclusions of Law for Cherry Crossing Commercial Subdivision. 0.20 MS Email Clerk the Annexation and Zoning documents and Preliminary Plat Findings of Fact and Conclusions of Law for Baldwin Park Addition Subdivision. 0.40 ?/19/04 JSH Review of files for Commission meeting; travel to and attend Commission meeting 6.25 MS Telephone discussion with Katherine Kennedy at Sundance Company re: Silverstone Bus iness Campus Annexation and Zoning - Development agreement. 0.40 MS Organize Planning and Zoning packet items for the February 19, 2004 meeting. 0.70 MS Sort through the Planning and Zoning February 5, 2 004 meeting agenda items. 0.50 MS Review the City Council February 10, 2004 minutes for the Lochsa Falls No. 7 Final Plat. 0.20 MS Telephone discussion with Wendy from Planning and Zoning re: Sageland Development Agre ement about 4' to 5' sidewalks. 0.20 MS Review the City Council February 10, 2004 minutes for Lochsa Fa11s Subdivision No. 8 Final Plat. 0.20 MS Begin to search through the City Council February 17, 2004 agenda items. 0.60 MS Print out the City Council February 17, 2004 draft minutes received from Dean Willis. 0.40 MS Review the City Council February 17, 2004 minutes on Strickland Subdivision Rezone. 0.40 ',/20/04 MS Place call to Dave Bally at Engineer for Strickland re: ownership. 0.40 MS Place call to Charles Eldredge who represents Dr. Strickland at Speciality Homes re: ownership. 0.40 MS Prepare Rezone Ordinance, summary ordinance, summary cover letter, and main cover letter and proof read legal with legal assistance re: Strickland. 0.70 /23/04 WFN Telephone conference with JoAnn Butler re: Settlement Bridge subdivision and water well requirement 0.20 WFN Review messages re: lunch meeting with Robert Freilich 0.20 MS Review Wendy's email of today about Sageland Development Agreement. 0.10 MS Re-review the Development Agreement in Sageland about 4' separated sidewalks compared to 5' - Development City of Meridian Planning & Zoning Page: 5 02/29/2004 Account No: 15360-003R Statement No: 20518 Hours Agreement has 4' feet also, and review City Council January 6, 2004 minutes and respond to Wendy's email. 0.60 MS Review City Council February 17, 2004 minutes on Captial Christian Center Conditional Use Permit. 0.40 MS Place email to Kristy and Sonja and Gdendy at Planning and Zoning to obtain staff report for Capital Christian. 0.40 MS Email Clerk Capital Christian Center Conditional Use Permit Findings of Fact and Conclusions of Law, Order and cover memorandum. 0.20 './24/04 WFN To Boise; attend meeting at ACHD re: growth management 2.50 WFN Telephone conference with JoAnn Butler re: Settlement Bridge development 0.10 WFN Telephone conference with Brad HC re: applicant wishing to withdraw document inadvertently showing tenant logo which constituted trade secret at this early stage in development application 0.10 WFN Review land use materials in Council packet to prepare for Council meeting 1.50 WFN Attend land use portion of Council meeting 4.50 MS Sort through the Planning and Zoning February 19, 2004 meeting agenda items. 0.50 MS Review City Council February 17, 2004 minutes on the Final Plat for Highgate Subdivision No. 1. 0.20 MS Print out conformed documents recevied from the Clerk's office. 0.40 MS Review City Council February 17, 2004 minutes on Final Plat for Highgate Subdivision No. 2. 0.20 MS Review City Council February 17, 2004 minutes on Sundance Place Subdivision No. 1. 0.20 MS Print out second batch of conformed documents received from the Clerk's office. 0.50 MS Email Clerk the Highgate Subdivsion No. 1 and No. 2 Final Plat Orders and cover memorandums, and staff reports to be attached as Exhibit A. 0.40 MS Review City Council February 17, 2004 minutes on Castlebrook Subdivision No. 3. 0.20 MS Email Clerk the Final Plat Order staff report and cover letter for Sundance Place Subdivision No. 1. 0.20 MS Email Castlebrook Subdivision No. 3 Final Plat Order and cover letter to the Clerk's office, along with staff report for Exhibit A. 0.40 /25/04 WFN Followup to meeting with ACHD re: growth management 0.20 WFN Review voice mail message from JoAnn Butler re: Settlement Bridge sub 0.10 WFN Attend meeting at City Hall re: "Hercules" project in Silverstone Business Campus and revised plat 2.00 TRW Conference w/WFN and review of plat changes for large proposal. 0.25 MS Review Wendy's email on the Sageland Development Agreement about 4' sidewalks, and sort through file, minutes, etc. 0.90 MS Sort through items from the City Council February 24, 2004 meeting. 1.10 MS Review action agenda from the City Council meeting of February 24, 2004. 0.10 MS Print out WFN's notes from the City Council February City of Meridian Planning & Zoning Page : 6 02/29/2004 Account No: 15360-003R Statement No: 20518 Hours 24, 2004 meeting and review. 0.40 MS Review email from Clerk's office for Findings of Fact and Conclusions of Law needing to be done for the March 9, 2004 meeting. 0.10 MS Open files. 0.50 MS Email Clerk's office to obtain transmittal information on Quenzer Commons No. 5 Final Plat. 0.40 MS File. 0.50 :/26/04 MS Place call to Planning and Zoning and discussion with Kristy about Kissler/Cobbs/Ruwe - Eagy withdrew his application. 0.40 MS Place call to Public Works to Bruce Freckleton re: Kissler/Cobbs/Ruwe. 0.40 MS Telephone discussion with Steve Siddoway and return his call, left message re: Highgate Subdivision No. 2 Final Plat Order. 0.40 MS Second discussion with Steve Siddoway - email him the revised Final Plat Order and copy of the City Council February 17, 2004 testimony for Highgate Subdivision No. 2 - Anna's testimony on tiling ditch. 0.40 MS Prepare Kissler/Cobbs/Ruwe Annexation and Zoning Ordinance documents and proof real legal with legal assistant. 0.90 /27/04 WFN Review latest supreme court case on area of impact agreements 0.50 WFN Telephone conference with Steve Siddoway re: Lochsa Falls setbacks 0.10 WFN Telephone conference with Steve Siddoway re: Munger Engineering question 0.10 MS Review draft of the City Council February 24, 2004 minutes received from Dean Willis. 0.50 MS Revise Annexation and Zoning Ordinance, and other related documents and final in Kissler/Cobbs/Ruwe. 0.60 MS Prepare Development Agreement in Kissler/Cobbs/Ruwe. 1.90 MS Re-review the City Council February 24, 2004 minutes on Kissler/Cobbs/Ruwe Annexation and Zoning. 0.40 MS Review Kissler/Dealy Annexation and Zoning application and place call to BRS Architects for proof of ownership. 0.50 MS Review Warranty Deed and legal received via facsimile from BRS Architects in Kissler/Dealy and email Bruce Freckleton about legal. 0.40 MS Read legal with legal assistant in Kissler/Dealy. 0.50 MS Email Brad Hawkins-Clark the drafts of the Annexation and Zoning and Development Agreement for Kissler/Cobbs/Ruwe application for his review and comments. 0.40 For Current Services Rendered 79.15 0.00 Balance Due $0.00 City of Meridian Planning & Zoning Page: 7 02/29/2004 Account No: 15360-003R Statement No: 20518 Please include account number 15360.003 on your remittance. A finance charge of 1.5~ per month, compounded monthly, (19.6% Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466.9272 FAX (108) 466-4405 FED ID N 82-0309660 City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Attn: Accounting Department Building Department Fees '/16/04 MS Review Kari Glenn's email to me to forward her email on to WFN re: questions on copies of plans. For Current Services Rendered Balance Due Please include account number 15360.004 on your remittance. A finance charge of 1.5~ per month, compounded monthly, (19.6 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. Page: 1 02/29/2004 Account No: 15360-004R Statement No: 20519 Hours 0.40 0.40 0.00 $0.00 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466-9272 FAX (208) 466-4405 FED ID # 82-0309660 City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Attn: Accounting Department Water Department Fees ?/10/04 WFN Telephone conference with Kari Glenn re: setting up new water accounts with the building permit for new construction For Current Services Rendered Balance Due Page: 1 02/29/2004 Account No: 15360-005R Statement No: 20520 Hours 0.30 0.30 0.00 $0.00 Please include account number 15360.005 on your remittance. A finance charge of 1.5~ per month, compounded monthly, (19.6 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466-9272 FAX (208) 466-4405 FED ID # 82-0309660 City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Page: 1 02/29/2004 Account No: 15360-006R Statement No: 20521 Attn: Accounting Department Sewer Department Fees ?/06/04 b9FN Draft language for development agreement condition for Saguaro Canyon WFN Review letter from attorney for R T Nahas re: reassessment fees ?/27/04 WFN Review email from Bruce Freckleton re: Billie Bowles; revise letter and send back to Bruce for review For Current Services Rendered Balance Due Please include account number 15360.006 on your remittance. A finance charge of 1.5$ per month, compounded monthly, (19.6 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. Hours 0.30 0.10 0.50 0.90 0.00 50.00 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466.9272 FAX (208) 466-4405 FED ID # 82-03096b0 City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Page: 1 02/29/2004 Account No: 15360-007R Statement No: 20522 Attn: Accounting Department MUBS Fees ?/19/04 MS Review City Council February 10, 2004 minutes on Third Party Billing Agreement. MS Prepare Resolution and Certificate of Clerk for Third Party Billing to adopt the $20.00 fee. MS Revise Resolution and Certificate of Clerk for Third Party Billing to adopt the $20.00 fee, and email to the Clerk's office. For Current Services Rendered Balance Due Please include account number 15360.007 on your remittance. A finance charge of 1.5~ per month, compounded monthly, (19.6$ Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. Hours 0.30 0.70 0.40 1.40 0.00 $0.00 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466-9272 FAX (208) 466-4405 FED ID k 82-0309660 Page: 1 City of Meridian 02/29/2004 33 East Idaho Avenue Account No: 15360-008R Meridian, ID 83642-2631 Statement No: 20523 Attn: Accounting Department Parks Department Fees Hours './02/04 WFN Telephone conference with Will Berg re: Lochsa Falls impact fee reimbursement agreement 0.10 WFN Review .and revise MOU for Adventure Island, instructions to legal assistant; Telephone conference with Doug Strong 0.40 MS Revise the Memorandum of Understanding for Adventure Island Playground and email to the Clerk's office, Doug Strong and WFN. 0.50 './03/04 WFN Review Lochsa Fall park impact fee reimbursement agreement; draft email to affected parties 0.20 WFN Portion of Council meeting on Adventure Island 0.30 './04/04 MS Begin draft of the Development and License Agreement for Meridian Youth Baseball/Softball, Inc. and the City of Meridian. 0.90 :/05/04 WFN Telephone conference with Judd Montgomery re: Adventure Island 0.10 WFN Review and reply to email from Doug Strong 0.10 ',/06/04 MS Listen to voice mail from Doug Strong. 0.10 MS Return Doug Strong's voice mail on the Meridian Youth Baseball/Softball, Inc. agreement, and Resolution for Adventure Island. 0.40 MS Continue to work on the Development and License Agreement for the Meridian Youth Baseball/Softball, Inc. 0.90 MS Prepare Resolution and Certificate of Clerk for MOU with Adventure Island. 0.80 MS Prepare Final Plat Order for Bridgetower Crossing No. 5• 0.90 /09/04 WFN Review and revise draft of of MOU for Meridian Youth Baseball 0.50 WFN Mark up copy of draft MOU to submit to Doug Strong for review; instructions to legal assistant 0.30 WFN To Meridian; attend meeting with Will Berg, Doug Strong and Diane Stewart re: picnic shelter fee structure, ordinance changes 1.50 WFN Work on draft of revised park shelter fee resolution 0.50 City of Meridian Parks Department Page: 2 02/29/2004 Account No: 15360-008R Statement No: 20523 Hours MS Revise Adventure Island Playground memorandum and email to Clerk's office the Resolution and Certificate of Clerk. 0.40 ?/10/04 WFN Attend portion of Precouncil meeting on parks topics 0.50 ?/11/04 WFN Review voice mail from Doug Strong re: park shelter fees and MYBS agreement; research re: fees; Telephone conference with Diane Stewart re: park shelter fees and MYBS 0.30 './13/04 WFN Review final draft of MYBS agreement; instructions to legal assistant to sent to Doug Strong, Mayor and Councilman Wardle for review 0.30 MS Revise Development and License Agreement for Parks and Recreation Department between City of Meridian and Meridian Youth Baseball/Softball, Inc. 0.60 MS Prepare Resolution and Certificate of Clerk for Park Usage Fee 2004. 0.80 MS Email Clerk Resolution for Park Usage Fees 2004. 0.40 MS Email Development and License Agreement between City of Meridian and Meridian Youth Baseball/Softball, Inc. to Mayor, Shaun Wardle and Doug Strong cc: WFN. 0.40 './17/04 WFN Review email from Mayor, Councilman Nary and Marlene re: MYBS agreement; instructions to legal assistant re: revisions 0.30 WFN Attend portion of council meeting dealing with parks issues 0.20 MS Review Doug Strong's and Mayor De Weerd's emails on the Development and License Agreement between City of Meridian and Meridian Youth Baseball/Softball, Inc. - revise 3.f. and email. 0.60 '/18/04 WFN Review voice mail from Lee Centers re: Locust Grove Place pathway; Telephone conference with Lee Centers re: pathway 0.10 '/19/04 WFN Review email from Mayor, Councilman Nary and Doug Strong re: MYBS agreement 0.20 WFN Review and reply to email from Doug Strong re: MYBS 0.20 WFN To Meridian; review recreation program forms with Doug and Kathleen; return 1.50 MS Review email from Doug, Tammy and Bill Nary about charging fees for Settlers Park special events. 0.40 ./20/04 MS Telephone discusion with Doug Strong re: Meridian Youth Baseball/Softball, Inc., he'll fax to me his new comments and email me his email he sent to WFN, and I'll discuss with WFN. 0.40 MS Second telephone discussion with Doug Strong - no revisions made to the Meridian Youth Baseball/Softball, Inc. agreement as of yet. 0.20 /23/04 WFN Review fax from Doug Strong; Telephone conference with Doug Strong; instructions to legal assistant re: MYBS agreement 0.40 WFN Review and revise draft of memo to Mayor and Council re: MYBS agreement 0.20 o~ciT an~~g Strong, and Dianne Stewart the Development and License Agreement between the City and Meridian Youth Baseball/Softball, Inc. 0.40 MS Telephone discussion with Dianne Stewart, approves the agreement. 0.40 MS Review email from Bill Nary about the Development and License Agreement, fee to be charged? 0.20 '/24/04 WFN Portion of Council meeting (land use) 0.20 /26/04 WFN Review fax from Sue Rich at Pioneer Title Company re: pathways at Locust Grove Place; Telephone call to Pioneer Title left message for Sue Rich with detail about type of deed and title insurance 0.20 WFN Draft additional language for agreement with MYBS; instructions to legal assistant re: Daybreak Kiwanis park 0.50 WFN Teler~hone r.nnfaranca with ~nP R; ~-F, ~~ D; ,,.,,,,,,. m; +i ,. City of Meridian Parks Department Page: 3 02/29/2004 Account No: 15360-0088 Statement No: 20523 Hours MS Telephone discussion with Doug Strong -re: when agreement is ready email copy to Dianne Stewart his secretary at the Parks Department. 0.40 MS Short discussion with LVFN on the Development and License Agreement for the Parks Department and begin revisions. 0.60 MS Email Mayor, Council and Doug Strong, and Dianne Stewart the Development and License Agreement between the City and Meridian Youth Baseball/Softball, T_nc. 0.40 MS Telephone discussion with Dianne Stewart, approves the agreement. 0.40 MS Review email from Bill Nary about the Development and License Agreement, fee to be charged? 0.20 :/24/04 b~dFN Portion of Council meeting (land use) 0.20 :/26/04 WFN Review fax from Sue Rich at Pioneer Title Company re: pathways at Locust Grove Place; Telephone call to Pioneer Title left message for Sue Rich with detail about type of deed and title insurance 0.20 WFN Draft additional language for agreement ,with MYBS; instructions to legal assistant re: Daybreak Kiwanis park 0.50 WFN Telephone conference with Sue Rich at Pioneer Title re: title insurance for pathways in Locust Grove Place; draft memo to Doug and Stacy re: title insurance; review revised MYBS agreement; instructions to legal assistant 0.50 WFN Telephone conference with Doug Strong re: MYBS; review documents; draft memo to Doug 0.50 MS Review email from WFN on the Development and License Agreement for the Parks Department, revise and email to the Clerk's office and Doug Strong. and WFN. 0.60 MS Review Kiwanis Park information sent to me from WFN and print out for usage later. 0.40 /27/04 WFN Review email from Doug Strong; forward information to legal assistant 0.10 For Current Services Rendered 21.90 0.00 Balance Due $0.00 Please include account number 15360.008 on your remittance. A finance charge of 1.5~ per month, compounded monthly, (19.6 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466.9272 FAX (208) 466-4405 FED ID # 82-0309660 City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Attn: Accounting Department Human Resources Fees Page: 1 02/29/2004 Account No: 15360-009R Statement No: 20524 './03/04 WFN Conference with JKF re: requests from former employees for records from their personnel files JKF Schedule ICRMP meeting with Pauline. ?/09/04 JRK Conference with Mayor, HR and ICRMP representatives JRK Travel for ICRMP meeting JKF Attend meeting with ICRMP and Mayor and Pauline ;/10/04 JRK Review and revise ICRMP ltr JKF Draft letter to ICRMP on behalf of Mayor; review file memorandum re: history of settlement dispite ICRMP. './27/04 JKF Review ICRMP response. Draft brief response from Mayor and forward. Short office conference with WFN. For Current Services Rendered Balance Due Please include account number 15360.009 on your remittance. Hours 0.20 0.25 1.00 0.30 1.30 0.20 3.20 0.75 7.20 0.00 $0.00 A finance charge of 1.5~ per month, compounded monthly, (19.6 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466-9272 FAX (208) 466-4405 FED ID # 82-0309660 City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Page: 1 02/29/2004 Account No: 15360-OlOR Statement No: 20525 Attn: Accounting Department Police Department Fees './19/04 WFN Review HVAC maintenance agreement; email to Chief Musser and Will Berg For Current Services Rendered Balance Due Please include account number 15360.010 on your remittance. A finance charge of 1.5g per month, compounded monthly, (19.6 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. Hours 0.50 0.50 0.00 $0.00 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466-9272 FAX (208) 466-4405 FED ID M 82-0309660 City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Page: 1 02/29/2004 Account No: 15360-O11R Statement No: 20526 Attn: Accounting Department Fire Department Fees './03/04 WFN Telephone conference with Joe Silva re: fees for sprinkler plan review and inspection '/04/04 WFN To Meridian; attend conference with Will Berg and Joe Silva re: fees related to fireworks stands and displays, fees related to inspections of existing alcohol establishments, sprinkler plan review fee issues '/05/04 BO Letter to John Cline enclosing Meridian Rural Fire District IRMAA documents; copy to Chief Bowers './20/04 WFN Review materials from Pauline re: volunteer firefighter applicant; Telephone conference with Pauline MS Review file on Collective Labor Agreement documents and email WFN. :/26/04 MS Pull and copy Collective Labor documents for Mr. Herzfeld - several emails to Jolene at the Clerk's office and respond. For Current Services Rendered Balance Due Please include account number 15360.011 on your remittance. A finance charge of 1.5$ per month, compounded monthly, (19.6 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. Hours 0.30 2.00 0.50 0.30 0.40 1.10 4.60 0.00 $0.00 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466.9272 FAX (ZOB) 466-4405 FED ID # 82-0309660 City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Page: 1 02/29/2004 Account No: 15360-012M Statement No: 20527 Attn: Accounting Department Findings and Orders Previous Balance Fees ?/02/04 WFN Review and revise Findings of Fact, Conclusions of Hours Law, Decision and Order for annexation and zoning of Windsong Subdivision 0.20 WFN Review and revise draft Findings of Fact, Conclusions of Law, Decision and Order for Windsong Sub preliminary plat 0.20 WFN Review and revise draft Findings of Fact, Conclusions of Law, Decision and Order for CUP for Cherry Lane Office Park 0.20 WFN Review and revise draft Findings of Fact, Conclusions of Law, Decision and Order for Cherry Lane Office Park sub preliminary plat 0.10 MS Prepare the Annexation and Zoning Findings of Fact and Conclusions of Law for Windsong Subdivision. 2.50 MS Begin draft of the Preliminary Plat Findings of Fact and Conclusions of Law for Windsong Subdivision. 1.40 MS Prepare the Final Plat Order for Wendy's Subdivision and cover memo. 0.70 MS Revise the Annexation and Zoning Findings of Fact and Conclusions of Law for Windsong Subdivision. 0.40 './03/04 WFN Review and revise draft order of conditional approval of final plat for Wendy's subdivision 0.10 MS Revise Cherry Lane Office Park Subdivision Preliminary Plat Findings of Fact and Conclusions of Law and Conditional Use Permit Findings of Fact and Conclusions of Law and email to the Clerk's office. 0.50 MS Revise Windsong Preliminary Plat Findings of Fact and Conclusions of Law and email the Annexation and Zoning documents and Preliminary Plat documents to the Clerk's office. 0.40 MS Prepare Final Plat Order for Havasu Creek No. 4 Subdivision. 0.90 MS Prepare Final Plat Order for Wendy's Subdivision. 0.90 MS Prepare Final Plat Order for Paramount Subdivision No. 3' 0.80 MS Begin preparation of Final Plat Order for Tuscany Village Subdivision No. 2. 0.40 $5,557.50 City of Meridian Findings and Orders Page: 2 02/29/2004 Account No: 15360-012M Statement No: 20527 Hours ?/04_/04 WFN Instructions to legal assistant re: findings to be prepared as result of decisions at Feb 3 meeting 0.10 V~lFN Review and approve order of conditional approval of final plat for Tuscany Village No. 2 0.10 MS Finish up t're denial Rezone Findings of Fact and Conclusions of Law for Stapleton Subdivision. 1.00 MS Prepare denial Preliminary Plat Findings of Fact and Conclusions of Lava for Stapleton Subdivision. 0.70 MS Prepare denial Conditional Use Permit Findings of Fact and Conclusions of Law for Stapleton Subdivision. 0.60 MS Begin draft of the denial Rezone Findings of Fact and Conclusions of Law for Mayfair Commons Subdivision. 1.10 MS Revise Stapleton Rezone, Preliminary Plat and Conditional Use Permit denial Findings of Fact and Conclusions of Law and email to the Clerk's office. 0.50 MS Revise Mayfair Commons (x'2) Rezone, Preliminary Plat and Conditional Use Permit Findings of Fact and Conclusions of Law and then email to the Clerk's office. 0.80 MS Finish up Tuscany Village Final Plat Order. 0.50 MS Revise Soda Springs Annexation and Zoning, Preliminary Plat and Conditional Use Permit Findings of Fact and Conclusions of Law, and Order, and Development Agreement and email to the Clerk's office. 1.40 MS Revise Devon Park Conditional Use Permit Findings of Fact and Conclusions of Law and send to the Clerk's office. 0.40 MS Begin draft of the Rezone denial Findings of Fact and Conclusions of Law for Stapleton. 0.50 ?/05/04 WFN Review and revise Findings of Fact, Conclusions of Law, Decision and Order for denial of Stapleton Subdivision rezone; instructions to legal assistant 0.80 WFN Review and approve revised Findings of Fact, Conclusions of Law, Decision and Order for Stapleton Sub preliminary plat and conditional use permit denial; instructions to legal assistant re: findings for Mayfair Sub denial 0.20 WFN Review and revise Mayfair Commons Findings of Fact, Conclusions of Law, Decision and Order 0.10 './09/04 MS Revise Troutner Business Park Subdivision No. 2 Vacation Findings of Fact and Conclusions of Law. 0.40 MS Revise Troutner Business Park Subdivision No. 2 Preliminary Plat Findings of Fact and Conclusions of Law. 0.40 MS Revise the Conditional Use Permit and the Variance Findings of Fact and Conclusions of Law for Farmers and Merchants State Bank, and email to the Clerk's office. 0.40 MS Revise Troutner Business Park Preliminary Plat and Vacation Findings of Fact and Conclusions of Law one more time and email to the Clerk's office. 0.50 MS Revise Windsong and discussion with WFN about the Findings of Fact and Conclusions of Law. 0.50 /10/04 WFN Review and approve Findings of Fact, Conclusions of Law, Decision and Order for Jabil Circuit Preliminary/final plat; review and approve Findings of City of Meridian Findings and Orders Page: 3 02/29/2004 Account Nc: 15360-012M Statement No: 20527 Hours Fact, Conclusions of Law, Decision and Order for Gaudry Dental CUP 0.20 MS Prepare ~abil Preliminary/Final Pat Findings of Fact and Conclusions of Law and cover memorandum. 1.10 MS Prepare Conditional Use Permit for Gaudry Dental Findings of Fact and Conclusions of "Law and Order and cover memorandum. 1.90 MS Prepare Preliminary Plat Findings of Fact and Conclusions of Law and cover memorandum for Financial Plaza Subdivision. 1.40 MS Begin draft of the Annexation and Zoning Findings of Fact and Conclusions of Law for Razzberry Subdivision. 0.90 './11/04 MS Place call to Tara to obtain recommendations and staff report for Razzberry Subdivision. 0.40 MS Continue to work on the Razzberry Annexation and Zoning Findings of Fact and Conclusions of Law. 1.90 MS Begin draft of the Preliminary Plat Findings of Fact and Conclusions of Law for Razzberry Subdivision. 1.00 './12/04 WFN Review and revise Findings of Fact, Conclusions of Law, Decision and Order for Razzberry Crossing preliminary plat; instructions to legal assistant 0.30 MS Continue to work on the Preliminary Plat Findings of Fact and Conclusions of Law for Razzberry Crossing. 1.60 MS Prepare Conditional Use Permit Findings of Fact and Conclusions of Law and Order for Razzberry Crossing Subdivision. 1.90 MS Revise Annexation and Zoning and Preliminary Plat Findings of Fact and Conclusions of Law for Razzberry Crossing Subdivision and email them to the Clerk's office. 0.50 /16/04 MS Begin draft of Devon Park Subdivision No. 1 and No. 2 Conditional Use Permit Findings of Fact and Conclusions of Law and Order. 1.90 MS Begin draft of the Devon Park CUP-03-055 Conditional Use Permit Findings of Fact and Conclusions of Law and Order. 1.20 MS Begin draft of the Hark's Corner Conditional Use Permit Findings of Fact and Conclusions of Law and Order. 1.30 /17/04 MS Revise the Preliminary Plat Findings of Fact and Conclusions of Law for Windsong per action of the City Council taken at their February 10, 2004 meeting and Brad Watson's Position Statement. Email language to WFN for his thoughts, revise and email to the Clerk's office. 0.90 /18/04 WFN Review and revise Findings of Fact, Conclusions of Law, Decision and Order for Cherry Crossing Preliminary/final plat, and Baldwin Park Additon subdivision annexation and preliminary plat 0.20 MS Prepare the Annexation and Zoning Findings of Fact and Conclusions of Law for Baldwin Park Addition Subdivision. 1.50 MS Prepare Preliminary Plat Findings of Fact and Conclusions of Law for Baldwin Park Addition City of Meridian Findings and Orders Subdivision. MS Begin Preliminary/Final Plat Findings of Fact and Conclusions of Law for Cherry Crossing Commercial Subdivision. /19/04 MS Prepare Final Plat Order and cover memorandum for Lochsa Fa11s Subdivision No. 7. MS Prepare Lochsa Falls Subdivision No. 8 Final Plat Order and cover memorandum. Page: 4 02/29/2004 Account No: 15360-012M Statement No: 20527 Hours 1.50 0.90 C.80 0.60 >/20/04 MS Begin draft of the Rezone Findings of Fact and Conclusions of Law for Strickland Subdivision. 1.90 MS Begin draft of Preliminary/Final Plat Findings of Fact and Conclusions of Law for Strickland. 1.50 MS Prepare Conditional Use Permit Findings of Fact and Conclusions of Law and Order for Strickland Subdivision. 1.90 :/23/04 WFN Review and revise Findings of Fact, Conclusions of Law, Decision and Order for Capital Christian Center CUP 0.20 MS Prepare Capital Christian Conditional Use Permit Findings of Fact and Conclusions of Law and Order. 2.50 ~MS Revise Capital Christian Conditional Use Permit Findings of Fact and Conclusions of Law and Order. 0.40 '/24/04 MS Begin the Final Plat Order for Highgate Subdivision No. 1 and cover letter. 1.10 MS Begin Final Plat Order for Highgate Subdivision No. 2 and cover letter. 0.90 MS Begin draft of Sundance Place Subdivision No. 1. 1.10 MS Prepare Final Plat Order for Castlebrook Subdivision No. 3. 1.20 './25/04 WFN Instructions to legal assistant re: preparation of Findings of Fact, Conclusions of Law, Decision and Order for hearings on Feb 24 0.10 MS Being preparation of the Annexation and Zoning Findings of Fact and Conclusions of Law for Kissler/Cobbs/Ruwe until I receive draft of the City Council February 24, 2004 minutes. 1.10 '/26/04 WFN Conference with legal assistant re: Findings of Fact, Conclusions of Law, Decision and Order for Kissler and Ruwe annexations 0.20 MS Continue working on the Annexation and Zoning Findings of Fact and Conclusions of Law for Kissler/Cobbs/Ruwe. 2.40 MS Revise Highgate Subdivsion No. 2 Final Plat Order per Steve Siddoways telephone discussion. 0.40 ',/27/04 MS Work the Annexation and Zoning Findings of Fact and Conclusions of Law in Kissler/Cobbs/Ruwe. 0.90 MS Begin Annexation and Zoning Findings of Fact and Conclusions of Law for Kissler/Dea1y. 1.40 For Current Services Rendered 63.80 4,042.50 Total Current Work 4,042.50 City of Meridian Findings and Orders Balance Due Please include account number 15360.012 on your remittance. Page: 5 02/29/2004 Account No: 15360-012M Statement No: 20527 $9,600.OG A finance charge of 1.5~ per month, compounded monthly, (19.6 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466-9272 FAX (208) 466-4405 FED [D # 82-0309660 City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Attn: Accounting Department Tax Appeal - Police Station Previous Balance Balance Due Please include account number 15360.015 on your remittance. Page: 1 02/29/2004 Account No: 15360-015M Statement No: 20528 $627.81 $627.81 A finance charge of 1.5$ per month, compounded monthly, (19.6$ Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687 TEL (208) 466-9272 FAX (208) 466-4405 FED ID k 52-0309660 City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Attn: Accounting Department Collective Bargaining - Fire Department Previous Balance Fees /02/04 WFN Review counterproposal from Herzfeld; instructions to legal assistant; email to Council President /03/04 WFN Review and reply to email from Council President re: latest union counterproposal WFN Executive session with Council re: union counterproposal Page: 1_ 02/29/2004 Account No: 15360-016M Statement No: 20529 $507.50 Hours 0.20 0.10 0.40 /04/04 WFN Telephone call to office of Alan Herzfeld, left message for union attorney 0.10 WFN Telephone conference with Alan Herzfeld re: efforts to resolve conflict 0.30 WFN Telephone conference with Pauline Skeggs re: additional information needed for Council to review latest union counter proposal 0.20 /10/04 WFN Attend executive session with Council 0.30 /11/04 WFN Review file; draft letter to Alan Herzfeld; review email and spreadsheet from Pauline, reply to email; fax letter to Herzfeld; instructions to legal assistant re: drafting amendment to contract 1.00 WFN Review email from Pauline; Telephone conference with Alan Herzfeld re: acceptance of Amendment language; draft email to Pauline 0.30 WFN Review letter from union attorney; instructions to legal assistant re: faxing copy to Pauline 0.10 MS Discussion with WFN re: prepare amendment to the Agreement and Article 8 - Insurance for the Memorandum of Understanding - Union. 0.40 MS Prepare Amendments to Collective Labor Agreement and Article 8 - Insurance. 1.40 MS Revise amendment to Collective Labor Agreement and facsimile to Alan Herzfeld. 0.40 MS Make copies of WFN's letter to Alan Herzfeld dated February 11, 2004 for Mayor, Council, Kenny Bowers and Pauline Skeggs, along with Amendments and Collective Labor Agreement and Article 8 - Insurance. 0.40 City of Meridian Collective Bargaining - Fire Department ?/17/04 MS Review WFN's email on Resolution and Certificate of Clerk for Amendment to Collective Labor Agreement. MS Prepare Resolution and Certificate of Clerk for Amendment to Collective Labor Agreement, final and email to the Clerk's office. ?/26/04 WFN Review and reply to email from Alan Herzfeld; instructions to legal assistant For Current Services Rendered Total Current Work Balance Due Please include account number 15360.016 on your remittance. A finance charge of 1.5~ per month, compounded monthly, (19.6 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made. Page: 2 02/29/2004 Account No: 15360-016M Statement No: 20529 Hours 0.20 0.70 0.10 6.60 597.50 597.50 s~.in5.~n WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT 7HE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SU[TE 200 NAMPA, IDAHO 83687 TEL (208) 466.9272 FAX (208) 466-4405 FED ID # 82-0309660 City of Meridian 33 East Idaho Avenue Meridian, ID 83642-2631 Attn: Accounting Department Public Works Fees './05/04 WFN Review UPRR Crossing agreement for Black Cat Trunk; draft memo to Len Grady Page: 1 02/29/2004 Account No: 15360-017R Statement No: 20530 './09/04 MS Review voice mail left by Ron Sargent re: Nampa & Meridian Irrigation District - License Agreement for Silhouette Subdivision and email WFN. Discussion with WFN and review file. './11/04 WFN Research case authority cited by Nahas attorney to support nonpayment of revised assessment WFN Draft letters to Gary Smith and Steve Bradbury re: Nahas connection fee reassessment ',/13/04 MS Prepare dictation tape letter to Stephen Bradbury and Gary Smith re: R.T. Nahas Company - Sewer and Water Reassessment. MS Revise Stephen Bradbury and Gary Smith letter re: R.T. Nahas reassessment. './16/04 MS Telephone discussion with Debbie of Scott Campbell's office re: any meeting date set as of yet on the Settler's Irrigation matter, and email WFN. :/27/04 WFN Review letter from Steve Bradbury re: Nahas assessment; fax letter to Gary Smith for review and comment For Current Services Rendered Balance Due Please include account number 15360.017 on your remittance. Hours 2.00 0.80 0.50 0.50 0.60 0.50 0.40 0.50 5.80 0.00 $0.00 A finance charge of 1.5~ per month, compounded monthly, (19.6 Annual Percentage Rate) is charged on any balance remaining after the last day of the month in which the statement is sent, unless other arrangements have been made.