02-395 Civil Legal Services
RESOLUTION #
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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 CITY ATTORNEY 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 ofthe City of Meridian, Idaho, this 1C¡~day of
Mveln6?v ,2002.
lá#-
APPROVED by the Mayor of the City of Meridian, this -/ -day of
Nt? f/é' In ~ , 2002.
Page 2 of 2
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
" 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. t? 2 - 3 '? 7,
passed by the City Council of the City of Meridian, on this I q.,l;!- day of
¡(/~1/e/>l.. 6,er ,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. """of"1It~::~III"
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STATE OF IDAHO, """"""}"'"
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On this Kday of ...JlO\leJvv\,'wv , 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)
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
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AGREEMENT FOR CITY ATTORNEY I CIVIL LEGAL SERVICES
This Agreement for City Attorney/Civil Legal Services (hereinafter referred to as
"Agreement") is madethis/ß+taYOf /llÓl/efn-lJe¡.-, 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 "8" 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
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NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and intending to be legally bound thereby, City and White Peterson
covenant and agree as follows:
INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are
contractual and binding and are incorporated herein as if set forth in full.
2
DEFINITIONS. In addition to any other definitions set forth in this Agreement, for all
purposes of this 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; 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 reiated 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.
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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/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 ccntracts 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 empioyees 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, ccmment, 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 legai services for
the next Fiscal Year; and all other legal services as set forth in the Proposal
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submitted by White Peterson (Exhibit "B"), excluding legal services specifically
identified therein as being provided outside the monthly retainer.
2.3
"City Attorney" means and refers to William F. Nichols.
2.4
"Fiscal Year" means and refers to City's fiscal year, now beginning October 1 st
and ending September 30th of each calendar year, as provided by State law
and this definition shall be considered automatically amended in the event of
an amendment of the provisions of Idaho law relative to the establishment of
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-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 00/1 OOths 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
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attorneys (itemized by date, attorney performing services, and
recording time in tenths of hours) and to provide the same to City
on a monthly basis.
4.2
Compensation for Additional Legal Services performed by White Peterson at
the request ofthe City shall be paid atthe rate of$125.00 per hour for services
performed by White Peterson's shareholder attorneys, $100.00 per hour for
associate attorneys, and $60.00 per hour for a legal assistants or paralegals
(who are performing services which would otherwise require the services of an
attòrneyat 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 5ih 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:
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6.2
6.3
6.4
6.1
Authoritv. White Peterson has the right, power, legal capacity and authority to
enter into and perform its obligations under this Agreement.
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
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.
Nichols Desianated Primarv Attornev. 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 Aareement. 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.
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7
INSURANCE. For the purposes of this Agreement,White Peterson shall carry the
following types of insurance in at least the per occurrence limits specified below:
Coveraae
Limits of Liability
Professional liability (errors and omissions)
Workman's Compensation
Employer's Liability
General Liability (bodily injury and/or property damage)
$2,000,000.00
Statutory limits
$2,000,000.00
$2,000,000.00
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, or omission of White
Peterson or its employees, agents, or representatives.
9
POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties may mutually
agree to renew or extend the term of this Agreement; however, any such renewal or
extension must be in writing.
10
TERMINATION. This agreement may be terminated upon mutual agreement of the
parties. Meridian shall also have the right to remove White Peterson's appointment
as City's attomeys in the manner as set forth in Idaho Code § 50-206 and terminate
this Agreement, with or without cause, at any time, which termination shall be
effective upon service of written notice to White Peterson in the manner as set forth
herein. In the event of a termination, City shall remain responsible to pay White
Peterson for all services provided through the date of termination pursuant to the
terms of this Agreement.
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11
GENERAL PROVISIONS.
11.1 Attornev's Fees. If any action or proceeding is instituted to enforce or construe
any provision of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover from any party or parties against whom
a judgment is entered, all reasonable attorneys' fees and costs incurred by the
prevailing party in connection with such action or proceeding in addition to such
other relief to which such prevailing party is entitled.
11.2 BindinG Effect. This Agreement shall be binding upon the heirs, estates,
personal representatives, successors, and assigns of the parties.
11.3 Choice of Law. This Agreementwill be interpreted in accordance with the laws
and statutes of the State of Idaho.
11.4 t-Jotices. 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 mall, 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, PA
Suite 200
5700 East Franklin Road
Nampa, Idaho 83687
AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES
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11.5 ParaoraDh Headinas. The paragraph headings of this Agreement are for clarity
in reading and not intended to limit or expand the contents of the respective
paragraphs.
11.6 Partiallnvaliditv, Whenever possible, each provision of this Agreement shail
be interpreted in such a way as to be effective and valid under appiicable law.
if a provision of this Agreement is prohibited by, orinvalid under appiicable law,
it shail be ineffective only to the extent of such prohibition or invaiidity, without
Invalidating the remainder of such provision or the remaining provisions of this
Agreement.
11.7 Further Assurances. The parties each for themselves do further covenant to
the others to execute any and all other documents necessary to effect the
transfers contemplated by this Agreement.
11.8 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 prlviiege wili preclude any other or further exercise of such right, power, or
privilege or the exercise of any other right, power, or privilege.
11.10 No Assianment bv White Peterson. White Peterson shall not sell, assign, or
transfer all or any portion of its interest in this Agreement at any time.
AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES
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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 Aareement. 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.
11.14Amendments. This Agreement may not be amended, modified, altered or
changed in any respect whatsoever, except by further agreement in writing duly
executed by the parties.
IN WiTNESS WHEREOF, the parties have executed this Agreement as of the day
and year first above written.
ATTEST:
CITY:
AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES
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WHITE PETERSON:
WHITE, PETERSON, MORROW, GIGRAY,
ROSSMAN, NYE & ROSSMAN, PA
By, ;
Terrence R. White, President
ATTEST:
BY~
( Its: . /-
STATE OF IDAHO)
) ss.
County of Ada )
On this ~ay of N OVIiwI]M ,2002, before me, a Notary Pubiic, 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
acknowiedged to me that they executed the seme for the City of Meridian.
IN WiTNESS WHEREOF... .~to affixed my officiai seai the day and year first above
written. 1,~,,(:;.ói~.f.. ~ha.;1~rr,-<--tf---,
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AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES
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EXHIBIT "A"
(Attach copy of City's Request for Proposals [RFP NO. 02-001] here)
AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES
Page 12
P.IS
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 clay of September, 2002.
proposals must be signed.
No exceptions.
All
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 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 Attomey / 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
E'ROE'OSAL SUBMITTAL REQUIREMENTS
SCOE'E 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 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
Page 2 of 5
City of Meridian
RFP No. 02-001 City Attorney I Civil Legal Services
I
SUBMITTAL PROCEDORE
A. Date & Location: written proposal submittals are due on the
16th day of September, 2002 at 4:00 p.m. local time at the office
of the City Clerk. The envelope in which the proposal is received
must be specifically marked:
RFP No. 02-001; City Attorney/Civil Legal Services for the City
of Meridian
and delivered to:
Will Berg
Meridian City Clerk
33 E. Idaho
Meridian, ID 83642
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 Merid.ian"
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
!\FP No. 02-001 City Attorney / Civil Legal Services
tight time frames. ~lease outline your firm's approach and commitment
for providing the necessary services in a timely fashion.
SECTION IV
Cost for Services - ~lease 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 ~rior 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 (O~TIONAL)
A.
B.
C.
D.
Resumes
Brochures
Letters of Recommendation
Other
III
EVALUA:rION 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 I 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:
will give credit to demonstrated insight; suggested
approaches, priorities, or areas of emphasis; and
innovative, constructive thinking.
This
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.
~age 5 of 5
City of Meridian
RFP No. 02-001 City Attorney / Civil Legal Service.
Nov-13-02 05:53P Foley & Freeman
12088885130
EXHIBIT "B"
(Attach copy of WP's Attorney Contract Proposal dated September 16, 2002)
AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES
Page 13
P_16
RESPONSE TO
RECEIVED
SEP I 6 2002
RFP NO. 02-001
City of Meridian
City Clerk Office
CITY ATTORNEY I CIV1L LEGAL SERVICES
FOR THE CITY OF MERIDIAN
ATTORNEY CONTRACT PROPOSAL
September 16, 2002
..
SUBMITTED By:
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
Response to RFP No. 02-001
September 16,2002
Page 1
SECTION I - FIRM INTRODUCTION:
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, fonDs, 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. Teny has also assisted
all cities in Idaho by his work on the Association ofIdaho Cities Legislative Committee. Phil
Peterson, Todd Rossman and former partner Steve Pruss assisted Bill Nichols when the issue of
the Bear Creek Park donation presented complex tax issues that mandated a special approach to
the specific language in the subdivision approval findings. Bill Morrow, a former Canyon
County Chief Deputy Prosecutor, is experienced in Federal Civil Rjghts defense, including cases
for the City ofNampa. He is also experienced in environmental litigation. Chris Nye has
represented the City in all of the judicial review proceedings that have been heard in the last four
years, and to date, Chris has successfully defended the City's decision in all those cases. Chris
also has represented the City ofNampa 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 Hwnan Resources Director on personnel issues
and in policy review. Julie is also experienced in water law, and as the City grows, issues
regarding water law will become increasingly important. Sam Johnson (Melba City Attorney),
whose practice emphasizes litigation, has assisted the Public Works Department in defending the
Public Works Director and City Engineer in depositions in a lawsuit involving the Waste Water
TreatmentPlant. Kevin Dinius successfully obtained the Judicial Confirmation on the
alternative financing for the new police station. Kevin also has been involved in construction
WillTE, PETERsON, MORROW, GmRA Y, ROSSMAN, NYE & ROSSMAN, P.A.
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 ¡fthat 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 CmU1cil
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 ofIdaho 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, GIGRA Y,
ROSSMAN, NYE & ROSSMAN, P.A.
By:
~¿
Terrence. White
President
WHITE, PETERSON, MORROW, GrORA Y, ROSSMAN, NYE & ROSSMAN, P.A.
Response to RFP No. 02-001
September 16, 2002
Page 3
SECfION IT - A V AILABLE STAFF AND EQUIPMENT:
We propose staffing the City of Meridian's anticipated legal services with the following
attorneys, based on their legal expertise and experience. We have provided a copy of the resume
of each member of the finn 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 finn to handle the matter.
The following list of areas of expertise lists those attorneys who can provide
representation in those areas. Mr. Nichols will continue to be the primary 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 uI, 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
CondemnationlEminent 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 Tax Law; Wages and Benefits:
Philip A. Peterson
Todd A. Rossman
Employment Law:
Julie Klein Fischer
Eric S. Rossman
Environmental Law (including NPDES Permitting,
Clean Water Act, Clean Air Act, Hazardous Waste,
TMDL, and Effluent Trading):
William A. Morrow
WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A.
Response to RFP No. 02-001
September 16, 2002
Page 4
Evictions:
Christopher S. Nye
D. Samuel Johnson
WiIliam F. Nichols
Foreclosures:
William F. Nichols
Terrence R. White
F ranchisingff eleco mm U nications:
William F. Nichols
General Litigation:
William A. Morrow
Eric S. Rossman
Kevin E. Dinius
Planning and Zoning Law:
William F. Nichols
Terrence R White
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, GIORA Y, ROSSMAN, NYE & ROSSMAN, PA
Response to RFP No. 02-001
September 16, 2002
Page 5
Real Estate Law:
TeITence R. White
Julie Klein Fischer
William F. Nichols
Todd A Rossman
State / Federal Civil Rights Defense:
William A. MoITOW
State / Federal Civil Defense:
William A. MoITOW
Christopher S. Nye
Eric S. Rossman
Julie Klein Fischer
D. Samuel Johnson
Kevin E. Dinius
Nicholas 1. Wollen
State / Federal Criminal Defense:
Christopher S. Nye
William A. MoITOW
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 12 legal
assistants, 2 paralegals, 3 administrative personnel, and 4 general office support staff. In most
cases, a staff member will support attorneys based upon their experience in a particular area of
law rather than specific attorney/staff assignments. For instance, a legal assistant with many
years of experience in criminal prosecution will support 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 (I 998-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
WHJTE, PETERSON, MORROW, GIGRAY, RoSSMAN, 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 oflegal 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.
SECfION ill - ABILITY TO PROVIDE REsPONSIVE SERVICES:
Our proposal for services, as outlined in Section N below, essentially allows the firm 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.
WIDTE, PETERSON, MORROW, GIGRA Y, ROSSlvlAN, NYE & ROSSMAN, PA
Response to RFP No. 02.001
September 16, 2002
Page 7
One of the ways that services can be provided in a timely fashion will be for our finn to
implement a mentoring program to take less experienced lawyers and train them in the skills and
knowledge necessary to provide excellent advice. Our proposal contemplates mentoring Nick
Wollen and another associate to be named later. Both will attend Planning and Zoning
Commission meetings. We also intend to have them attend a number of City Council meetings
before asking them to sit in the attorney's chair at Council. With the change in meeting fonnat,
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
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 oruy occasionally conITont 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 fmalized.
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 confinnation
WHITE, PETERSON, MORROW, GIORA Y, ROSSMAN, NYE & ROSSMAN, PA
Response to RFP No. 02-001
September 16, 2002
Page 8
in 200 I cost the City about $4000 in extra legal services ûom our tirm. The advantage to a City
to have a broad retainer is that it typically reduces the risk that legal services wi]] exceed what
has been budgeted. This essentially puts the risk on the attorneys that the services needed wi]]
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 occurs if each phone
call or conference is billed separately. Under our current retainer, employees and officials, can
call or meet with one of our attorneys on almost any matter, and the consultation is included in
the monthly retainer at no extra charge. In our practice we are often called by citizens or
developers to discuss a particular matter or when they wish to present a concern to the City
Attorney. Those calls often are a direct referral ûom 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 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
ûom our office in Narnpa. 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 Narnpa is located just seven miles \vest of Meridian on
Franklin Road. We are only fifteen minutes away ûom 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 wi]] 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/ACHD 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, GIORA Y, RoSSMAN, NYE & ROSSMAN. P.A.
Response [0 RFP No. 02-001
September 16, 2002
Page 9
Council, participation in Association ofIdaho Cities Legislative Council matters including
participation in drafting legislation and testimony before the legislature if requested by AlC;
responding to citizen 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 re"iew and commem 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 inftastructure 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 finn 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 1-
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, GrGRAY, RoSSMAN, NYE& ROSSMAN, PA
Response to RFP No. 02-001
September 16, 2002
Page to
With regard to historical client cost infonnation, we feel that the most pertinent
infonnation can be found in comparing the fees paid by the City ofNampa. Our other municipal
and quasi-municipal clients do not have the same volume of work or present the same demand
for services. In order to compare "apples to apples," comparison to Nampa is more appropriate.
For FY 2002-2003, Nampa will pay White Peterson a montWy 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 TIlE 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 detennined between our office and the affected staff or
official and that date calendared in the tracking sheet. Mr. Nichols will review the tracking sheet
at least weekly 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 will be made with the affected department and Mayor, as appropriate.
At the outset, all department heads, the Mayor and Council, are encouraged to provide
feedback to our office if any expectations are not being met. Between February and March of
2003, we will issue a survey to the Mayor, Council, and department heads which will be
designed to ascertain whether we are meeting the expectations of City personnel. The results of
the survey will be shared with the Mayor and Council and any deficiencies will be addressed. At
any time if there is an issue of concern, the matter should be addressed to Mr. Nichols. If he is
unavailable, or if the matter concerns him, the issue should be addressed to Mr. White.
With regard to processes, our 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, GIGRA Y, ROSSMAN, 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 AlC 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, GIGRA Y, ROSSMAN, NYE & ROSSMAN. PA
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 /Tom 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 orclinance 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 con/Tont the City and attorney participation will be
required in most, if not all, of these issues.
WIllTE, PITIERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, PA
Response to RFP No. 02-001
September 16, 2002
APPENDIX A
Attorney
Biographical
Background
WHITE, PETERSON, MORROW, GlGRA Y, ROSSMAN, NYE & RoSSMAN, PA
TERRENCE R. WHITE
PARTNER
EDUCA DON / BAR AFffiLATIONS
. B.A, University ofIdaho, 1968
. J.D., University ofIdaho (cwn laude), 1971
. Idaho Law Review, Board of Editors
"
. Bar Admission:
. Idaho, 1971
. u.S. Tax Court, 1988
. U.S. Court of Appeals, Ninth Circuit
. Washington, 1992
.',
,.;
CURREm' PRArncE
Practice at Wlúte Peterson emphasizes counsel to the City ofNampa, 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 ofNampa 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 ofNampa matters. Also represent the NaIhpa Urban Renewal
Agency.
GENERAL INTEREST / MEMBERSHIPS
. Deputy Prosecuting Attorney, Ada County, 1972
.. President, Southwest Idaho Estate Planning Council, 1978
. Third District, Presidellt, 1979~1980-
.' Idaho State Bar, Chairman, Bar Exam Prep. Committee, 1991-1992
RECENT CON'I1NUrnG LEGAL EDUCATION
. Land Use Institute, Planning, Regulation, Litigation, Eminent Domain and Compensation
. Modem Real Estate Transactions
. Idaho Municipal Attorneys Association Annual Meeting
PHILIP A. PETERSON
PARTNER
EDUCATION I BAR AFFILIATIONS
. B.S., Accounting, University ofIdaho (cum laude), 1969
. J.D., University ofIdaho(cum 1aude), 1979
. Bar Admission:
. Idaho, 1979
. U.S. District Co~ 1979
. u.S. Tax Court, 1980
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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 f1IDl municipal clients.
GB-IERAL LvrEREST I MEMBERSHIPS
. Southwest Idaho Estate Planning Council
. Canyon Area United Way, Past President, Past Member of Board of Directors
. Kiwanis Club ofNampa, 1981 to present, past President, past Treasurer and Member of
Board of Directors '
. I Believe, Inc., Member of Board of Directors
. University ofIdaho Alumni Association, Inc. Past member of the National Board of
Directors
"-. . 'Boisê Philharmonic, Member of Board of Directors
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RECENT CONTINUING LEGAL EDUCATION
n., Pension, Profit Sharing, Welfare, and Other Compensation Plans
. Annual Idaho State Tax Institute
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WILLIAM A. MORROW
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PARTNER
EDUCATION / BAR AFFILrATIONS
. B.A, Kent State University, 1973
. J.D., University ofIdaho, 1979
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. Bar Admission:
. Idaho, 1979
. U.S. District Court., District ofIdaho, 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 ofNampa, 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 ofNampa.
GENERAL INTEREsT / MEMBERSHIPS
. Handled a variety of planning. and zoning matters both privately and as the attorney for
municipal entities.
. Regularly provide counsel on gove=ental 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 ofNampa, 1987-present
. Co-counsel for the City of Caldwell, 1990-1994
. Board of Directors and Officer of Kiwanis Club of Caldwell
. Assistant Scout Master, Troop #221, Caldwell
. Member, Idaho Trial Lawyers' Association
. Member, American Bar Association
RECENT COl\'TINUING 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
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WM. F. GIGRA Y, III
PARTNER
EDUCATION / BAR AFFILIATIONS
. B.A., University ofIdaho, 1969
. JD., University ofIdaho, 1972
. Bar Admission:
. Idaho, 1973
. U.S. District Court, District ofldaho, 1973
. U.S. Court of Appeals, 1980
. u.S. Supreme Court
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CURRENT PRACTICE
Practice at White Peterson emphasizes counsel to the cities of Wilder, Canyon Highway
District No.4, Golden Gate Highway District No.3, Caldwell School District No. 132,
Kuna Rural Fire Protection District, Caldwell Rural Fire Protection District, Wilder Rural
Fire Protection District, Cambridge Rural Fire Protection District, Greenleaf Cemetery
District, Garden Valley Recreation District, and Wilder Library District
MI.J}.1CIPAL 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 confumation 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
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. Immediate Past President, Idaho Trial Lawyers' Association
. President, Caldwell Foundation for Educational Opportunity, Inc.
. President, Greenbelt Civic League of Càldwell, Inc.
. Member, Foundation for Ada/Canyon Trail Systems
RECENT CONTrnUING LEGAL EDUCATION
. Presenter, Basics of a Tort Claim Involving Subdivisions of the State of Idaho
. Presenter, Land Use Law
. Mediation & Workers' Compensation
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EDUCATION / BAR AFmIA TIONS
. B.BA, Boise State University, 1986
. J.D., Gonzaga Law School, 1989
. LLM. in Taxation, University of Denver, 1990
. Bar Adil1issÍon:
. 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
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CURRENT PRACTICE
TODD A. ROSSMAN
PARTNER
Practice at White Peterson emphasizes federal, state and local taxation, estate planning,
wills, trusts, probate, elder law, complex real property transactions, including 1031
exchanges, and business entity planning.
GENERAL INTEREST / MEMBERSHIPS
. Southwest Idaho Estate Planning Council (president, 1995)
. Third District Bar Association (President, 2001-2002)
CHRISTOPHER S. NYE
PARTNER
EDUCATION fBAR AFFJLIATIONS
. B.A., University of Kansas, 1979
. J.D., University of Kansas, 1982
. Bar Admission:
. Idaho, 1982
. U.S. District Court, District of Idaho, 1982
CURR8'<! PRACTICE
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Practice at White Peterson emphasizes civil litigation, real property litigation, and family
law.
MUNICIPAL 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 Brad v v. CitY of Homed ale (1996). Also represented the City of Caldwell
in civil and criminal matters including direct supervision of all criminal misdemeanor
matters, and the City ofNampa in litigation matters including successfully defending the
City in a slip and fall case in 1997.
GENERAL ll\lTEREST f MEMBERSHIPS
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. Personally tried in excess of 50 jury trials and between 500-1 ,qoo court trials.
. Canyon County Deputy Prosecutor, 1983-1986
. Canyon County Public Defender, 1986~ 1989 , -
. ~ ': : conti-actäiiöméy' förthe State ofIdaho, Dept: ofHealth & Welfare
. Successfully obtained the largestverdict ever,aw.ardedintheJ'Ìùrd 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.BA, Boise State University, 1989
. J.D., University ofIdaho, 1991
. 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
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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 ofNampa under Federal Rails to Trails Conserv'ancy Act before
Federal District Court and Federal Court of Appeals for District of Columbia; and
successfully defended City ofNampa before the Idaho District Court in plaruùng and
zoning civil judicial review matters.
GTh'ERAL INTEREST / MEMBERSHIPS
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. Successfully obtained judicial confirmation of $6.5 million dollar issuance of Certificates
of Participation for construction and operation of the Nampa Recreation Center
." SiïcëesSfully' o6iä.inéd judicì8i coiúirmation of $3 million dollar issuance of Certificates
of Participation for the construction and operation of the Ridgecrest Golf Course
. Successfully 'obtainedjudicial confirmation of $3.5 million dollar and $12 million dollar
issuance of revenue allocation (fax Increment) bonds for various projects for the North
Nampa Urban Renewal Agency including the construction and operation of the Idaho
Center
. Member, Idaho Trial LawyeriÀ5sociatioil .
. Member, Kiwanis Club of Meridian - . .-..- .- .--
.. Membei-, Associatìõñ ofTriãfLaWý'ers õf America .
RECENT CONTINUING LEGAL EDUCATION
. Handling Wrongful Termination Claims
. Guide to Federal Court Rules and Procedures in Idaho
WILLIAM F. NICHOLS
PARTNER
EDUCATION fBAR AFFILIATIONS
. B.A., Linfield College (magna cum laude), 1977
. J.D., University of Oregon, 1980
. Bar Admission:
. Oregon, 1980
. Idaho, 1986
. U.S. Ta,x Court, 1984
CGRRENT 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, I988-1999
GENERAL INTEREST f MEMBERSHIPS
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. Member, Third District Bar Association
. Member, Malheur County Bar Association (Vice President, 1998-1999)
. Member, Fee Dispute Arbitration Pane~ Idaho State Bar
. Member, Idaho Municipal Attorneys Association
. Secretary, Real Property Section, Idaho State Bar
RECENT CONTINUING 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 Confonning
Uses, December 2002
JULIE KLEIN FISCHER
PARTNER
EDUCATION / BAR AFmLA TIONS
. B.A., Albertson College ofIdaho (magna cum laude), 1989
. J.D., University ofIdaho, 1992
. Idaho Law Review, Symposium Editor
. Bar Admission:
. Idaho, 1992
. u.S. District Court, District ofIdaho, 1992
CURRENT PRACTICE
Practice at \\Illite Peterson emphasizes employment law, water law, real estate
transactions, and general civil litigation.
MUNICIPAL EXPERIENCE
Employment practice includes working with variOtlS municipalities regarding public
employment issues, policies and procedures.
GENERAL L"ITEREST / MEMBERSHIPS
. Conducted In-House training senùnar for client entitled, "An Overview of Employment
Issues"
RECENT CONTINUING LEGAL EDUCATION
.. --Fundamentals of Water Law in Idaho, Protecting Water Rights, Use and Quality
. Hot Issues in Employment Law and Litigation
D. SAMUEL JOHNSON
P ART:'ŒR
EDUCATION I BAR AFFILIATIONS
. B.S., University ofIdaho, 1989
. J.D., University ofIdaho, 1993
. Bar Admission:
. Idaho, 1993
. U.S. District Court, District ofIdaho, 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.
MUNICll'AL 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 inftactions and appearing at other various hearings and
proceedings before the Magistrate Division of the District Court for Canyon County.
GENERAL INTEREST I 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
EDUCATION / BAR AFFILlA TIONS
. B.A., Boise State University (cum laude), 1996
. J.D., Uruversity ofIdaho (summa cum laude), 1999
. Editor-In-Chief, Idaho Law Review, 1998- I 999
. Bar Admission:
. Idaho, 1999
. U.S. District Court, District ofIdaho, 1999
CURRENT PRACTICE
Practice at White Peterson focuses on commercial litigation, lender liability, personal
injury, and construction litigation.
MUNICIPAL EXPERIENCE
Judicial confinnation for the City of Meridian in 2001 for the construction of the new
Meridian police station. Currently represent the City ofNampa, 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
ASSOCL\TE
EDUCATION I BAR AFFILIATIONS
. BA, University ofPuget Sound., 1992
. J.D., University ofIdaho, 1995
. Bar Admission:
. Idaho, 1998
. U.S. District Court, Di~trict cfI6'lc, 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 LandlordlTenant Law in Idaho
ERICA S. PHILLIPS
AsSOCL\TE
EDUCA 110N I BAR AFF1LIA 110NS
. B.A, University ofIdaho, 1993
. J.D., University ofIdaho (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.
MUNICIPAL ExPERIENCE
Internship with the Boise City Attorney's office, summerl998. Primary duties involved
\VPrking with Public Works Department on complete revision of Boise City's sewer
ordinance and various Parks & Recreation issues.
GENERAL INTEREST I MEMBERSHIPS
. Associate Attorney, responsible for employment based immigration cases, 2000-2001
. Judicial Clerkship for the Honorable ChiefJustice Linda Copple Trout, 1999-2000
. Member, American Bar Association
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. 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 ofTennessee, 1993
. J.D., Northwestern School of Law at Lewis & Clark College (cum Jaude), 1998
. Bar Admission:
. Oregon, 1999
. Idaho, 2000
. Idaho Federal Courts, 2000
CnUŒNT 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.
MUNlCJPAL ExPERIENCE
Property taxation and regulatory enforcement actions for various gove=ental entities.
GENERAL 1NrnŒST
. Clerk for the Honorable Karen Lansing, Idaho Court of Appeals, 1998-2000
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RECENT CONTINUING LEGAL EDUCATION
. The Developing Law of Insurance Bad Faith in Idaho
. Uninsured and Underinsured Motorist Law in Idaho
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NICHOLAS L. WOLLEN
ASSOCIATE
EDUCATION IBARAFFILIATIONS
. B.A, University ofIdaho, 1997
. J.D., University ofIdaho, 2000
. Bar Admission:
. Idaho, 2000
CURRENT PRACTICE
Practice at White Peterson emphasizes civil and criminal prosecution for the City of
Meridian.
MUNICIPAL EXPERJENCE
Prosecutor, City of Meridian, 2002
Advising Counsel, Meridian City Planning & Zoning Commission
Assistant City Attorney, City of Melba
Assistant Prosecutor, City ofHomedale
RECENT CONTJNUING LEGAL EDUCATION
. Presentation of the Plaintiff as a Witness
. The Developing Law oflDsurance Bad Faith in Idaho
. Land Use, Planning & Zoning
. Criminal Law & Procedure
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