02-394 Criminal Legal Services
RESOLUTION # t) 2- - 3 '14-
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 CITY OF BOISE
TO PERFORM PROSECUTORIAL AND POLICE LEGAL ADVISOR DUTIES FOR
THE CITY OF MERIDIAN; DESIGNATING THE CITY OF BOISE CITY ATTORNEY
OR HER DESIGNEES TO REPRESENT THE CITY OF MERIDIAN IN ALL CRIMINAL
MATTERS BEFORE COURTS OF THE 3RD AND 4TH JUDICIAL DISTRICTS AS
PROSECUTING ATTORNEY; 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 prosecutorial services to be performed; and
WHEREAS after submittal and presentation to the Meridian City Council the City
Attorney's office for the City of Boise was selected to perform that service for fiscal year
ending September 30', 2003; and
WHEREAS pursuant to the Agreement the City Attorney of the City of Boise and
her designees are hereby appointed and authorized by Idaho Code §50-204 to act as
Prosecuting agency for all criminal matters and Police Legal Advisor for the City of
Meridian until September 30, 2003 unless terminated or extended consistent with the
terms of the Agreement
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That the Agreement by and between the City of Boise City and the
City of Meridian, a copy of said Agreement marked Exhibit "A" attached hereto and
incorporated herein by reference, be, and the same is hereby, approved as to both form
and content.
Section 2. That the Mayor and City Clerk have signed said agreement to be in
Page1of2
,- ,
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.
ADOPTED by the Council of the City of Meridian, Idaho, this
#P//'Ln-...Ó..e. 1- ,2002.
6.,!A.
- day of
6 -rÁ-
APPROVED by the Mayor of the City of Meridian, Idaho, this - day of
¡Vpve.;;.". 6.e~ ,2002.
~D
iff) -
0 ERT D. 'CORR~
Page2of2
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. 02.- J 94-,
PÃ%d by the City Council of the City of Meridian, on this 6-1£ day of
lJi/en..6b1...- , 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. "\lnutuIt",,
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~ SEAL ~ WILLIAM G. BERG, JR. '
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STATE OF IDAHO, ""l/lid;,;;..;",""
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County of Ada, )
On this ~ day of Thy t1nfwL . 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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Notary Public of Idaho
Commission Expires: OJ.{- ZCj-o5'
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AGREEMENT FOR CITY PROSECUTOR / CRIMINAL LEGAL SERVICES
This Agreement for City Prosecutor/Criminal Legal Services (hereinafter referred to
It
as "Agreement") is made this Day of Ah/JeJ f¡f1. ~Il. 2002, between the City of
Meridian, a municipal corporation organized and existing by virtue of the laws of the State
of Idaho (hereinafter referred to as "Meridian"), and the City of Boise, a municipal
corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter
referred to as "Boise").
RECITALS
0.1
Pursuantto Idaho Code § 50-204 and Meridian City Code §§ 1-8-1 and 1-8C-1,
on August 16, 2002 Meridian requested the submission of proposals from
qualified firms to provide certain city prosecutor/criminal legal services to
Meridian. A copy of Meridian's Request for Proposals (RFP NO. 02-002) is
attached hereto as Exhibit "A" and is incorporated in full herein and is made a
part of this Agreement by this reference.
0.2
In response to Meridian's request for proposals, Boise, through the office of the
Boise City Attorney, submitted a Response dated September 16, 2002, a copy
of which is attached hereto as Exhibit "B" and which is incorporated in full
herein and is made a part of this Agreement by this reference.
0.3
Among the proposals received in response to Meridian's request for proposals
as set forth above, Meridian has deemed the proposal submitted by Boise as
the most advantageous to the best interest of Meridian.
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 1
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and intending to be legally bound thereby, Meridian and Boise covenant
and agree as follows:
INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are
contractual and binding and are incorporated herein as if set forth in full.
2
DEFINITIONS. In addition to any other definitions set forth in this Agreement, for all
purposes of this Agreement the following terms are defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires
otherwise:
2.1
"Fiscal Year" means and refers to Meridian's fiscal year, now beginning
October 1 st and ending September 30th of each calendar year, as provided by
State law and this definition shall be considered automatically amended in the
event of an amendment of the provisions of Idaho law relative to the
establishment of the fiscal year for Meridian.
2.2
"MPD" means and refers to the Meridian Police Department.
2.3
"Primary Legal Services" means and refers to all of the following:
2.3.1 Legal services necessary to prosecute all criminal misdemeanors,
infractions, and all violations of the City Code of the City of Meridian
involving matters occurring within the corporate limits of the City of
Meridian, or pursuant to the Memorandum of Understanding between
MPD and the Boise Police Department; or initiated by Meridian, or
involving the enforcement of Meridian's ordinances and/or Idaho State
Law;
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 2
2.3.2 Prosecutorial intake screening and review of all police-generated
reports and citations, the timely filing of decisions thereon, and prompt
notification of decisions to MPD and customer;
2.3.3 Prosecution on behalf of other prosecuting agencies (conflicts and
transfers) involving MPD concerning infractions and misdemeanors;
2.3.4 Coverage of Meridian's caseload in Family Violence Court;
2.3.5 Provide civil legal advice and guidance to the Meridian Police Chief
and MPD;
2.3.6 Provide access to members of the Boise City Attorney's Public
Safety/Enterprise team for immediate assistance 24 hours a day, 7
days a week through cell phone and/or pager under a protocol to be
developed with the Meridian Police Chief;
2.3.7 Provide legal services through Boise's dedicated assigned police
liaison attorney (as approved by the Meridian Chief of Police) at the
MPD facility during normal business hours for not less than sixteen
(16) hours per week at such times as determined by the Meridian
Police Chief;
2.3.8 Provide prompt written responses to Legal Information Requests
approved by the Meridian Police Chief, his designee, or from
Meridian's Mayor or City Council;
2.3.9 Routine review and approval of all public records requests received
by the MPD (or received by Meridian concerning police matters);
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 3
2.3.10 Provide Meridian with legal training on issues such as search and
seizure, public record requests, and civil liability;
2.3.11 Provide further training of MPD personal on other needs (including
those identified through the screening process) as requested by the
Meridian Police Chief;
2.3.12 Provide MPD with regular legal bulletins, including relevant Idaho,
u.s. Supreme Court, and the Ninth Circuit case law and decisions;
2.3.13 Provide victim/witness services in criminal misdemeanors including
timely contact with victims (either by teiephone or automated letter
notice) by a victim/witness coordinator to advise of victim rights on all
required cases; preparation of victims/witnesses for domestic
violence-related cases (domestic assault, domestic battery, violation
of no contact order, violation of protection order, stalking, telephone
harassment when associated with one of the preceding, and
malicious injury to property when associated with one of the
preceding) and all cases with restitution; and coordination and liaison
with prosecutor on the above-mentioned cases;
2.3.14 Provide Meridian with juvenile accountability services for all juveniles
with. first-time tobacco and alcohol tickets regarding offenses
occurring within the corporate limits ofthe City of Meridian, including
staffing at the MPD facility as agreed upon with Meridian's Chief of
Police to perform assessments, initial and exit interviews, scheduling
of education classes and commu.nity service, and formal complaints
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 4
for the tickets of those who do not qualify, who fail to complete the
program, or who re-offend within 12 months of the first offense;
2.3.15 For defendants who receive probation (either supervised or
unsupervised) as a result of a conviction for a misdemeanor occurring
within the corporate limits of the City of Meridian (or defendants who
fail to pay fines and restitution), Boise shall monitor such defendants
compliance with the terms of probation, and shall take appropriate
action (including the initiation and prosecution of probation violation
and/or contempt proceedings, requests for issuance of arrest
warrants, etc.) in an effort to obtain compliance; and
2.3.16 Provide all other services as set forth in the Response submitted by
Boise (Exhibit "B"), excluding Optional Legal Services as defined
above.
3
SERVICES PROVIDED BY BOISE. Pursuantto the terms of this Agreement, Boise
is hereby appointed by Meridian to perform all Primary Legal Services for Meridian
and such other Optional Legal Services as requested by Meridian.
4
PAYMENT FOR SERVICES. Meridian agrees to pay Boise for services rendered
pursuant to the terms of this Agreement as follows:
4.1
As compensation for all Primary Legal Services, including all out-of-pocket
expenses incurred by Boise in performing the Primary Legal Services,
Meridian shall pay Boise the total sum of twelve thousand six hundred
seventy and 00/100ths dollars ($12,670.00) per month.
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 5
4.1.1 Payment for Primary Legal Services shall be paid by Meridian to
Boise or before the 20th day of the following month.
4.1.2 In addition to the monthly retainer amount, Meridian shall execute a
waiver to transfer the JAIBG grant funds (in the approximate amount
of $11 ,708) previously assigned to Meridian to Boise.
4.2
Compensation for victim/witness services performed by Boise at the request
of Meridian shall be paid at the rate of $50.00 per hour for services
performed by Boise's victim witness coordinators (who shall be available 24
hours a day 7 days a week and who shall also provide follow-up for all violent
misdemeanor crimes), plus reimbursementformileage to and from the Boise
City victim witness coordinator office and all crime scenes and victims'
locations which are located outside Boise City limits.
4.3
Boise shall provide Meridian with a monthly itemized invoice of all services
performed at the request of Meridian beyond the Primary Legal Services
(including all out-of-pocket expenses). Provided the invoice is received by
the 5th of the month, Meridian shall remit payment to Boise by the first
business day of the following month.
5
TERM. The term of this Agreement shall commence November 1, 2002 and shall
continue until the end of Meridian's current Fiscal year, September 30, 2003,
subject to renewal or extension as set forth in this Agreement.
6
REPRESENTATIONS AND WARRANTIES OF BOISE. Boise represents and
warrants to Meridian as follows:
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 6
6.1
Authority. Boise has the right, power, legal capacity and authority to enter
into and perform its obligations under this Agreement.
6,2
Performance of Services. Boise agrees to perform all of the services and
work set forth in this Agreement in a timely, efficient, and professional
manner in accordance with the terms of this Agreement and in compliance
with existing laws, ordinances, rules, or regulations of any applicable
regulatory authority or govemmental body.
6.3
Non-Exclusive Aareement. Boise acknowledges that this Agreement shall
not be interpreted to limit Meridian's authority to retain the services of outside
legal counsel to perform any legal services other than Primary Legal
Services, whether as a result of Meridian's need for special expertise or
otherwise.
7
INSURANCE. For the purposes of this Agreement, Boise shall carry the following
types of insurance in at least the per occurrence limits specified below:
Coveraae
Limits of Liability
Professional liability (errors and omissions)
Workman's Compensation
Employer's Liability
General Liability (bodily injury and/or property damage)
Automobile bodily injury and/or property
damage liability (combined single limit)
$
Statutory limits
$1,000,000.00
$1,000,000.00
$1,000,000.00
8
INDEMNIFICATION. Boise shall indemnify and hold Meridian, and its officers,
agents, and employees, harmless from any and all liability, damage, or expense,
including attorney fees, which may be brought, claimed, or pursued against
Meridian or its representatives arising out of the intentional act, negligence, or
omission of Boise or its employees, agents, or'representatives.
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 7
9
POSSIBLE EXTENSION OF TERM OF AGREEMENT.
The parties may
mutually agree to renew or extend the term of this Agreement; however, any such
renewal or extension must be in writing.
10
TERM INA TION. This agreement may be terminated upon mutual agreement of the
parties. Meridian shall also have the right to remove Boise's appointment as
Meridian's attorneys in the manner as set forth in Idaho Code § 50-206 and
terminate this Agreement, with or without cause, at any time, which termination shall
be effective upon service of written notice to Boise in the manner as set forth herein.
In the event of a termination, Meridian shall remain responsible to pay Boise for all
services provided through the date of termination pursuant to the terms of this
Agreement.
11
GENERAL PROVISIONS.
11.1 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 Agreement will be interpreted in accordance with the
laws and statutes of the State of Idaho.
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 8
11.4 Notices. Any notice under this Agreement shall be in writing and shall be
treated as duly delivered if the same is personally delivered or deposited in
the United States mail, certified, return receipt requested, postage prepaid,
and properly addressed as follows:
Notice to Meridian:
Robert D. Corrie, Mayor
Meridian of Meridian
33 East Idaho Street
Meridian, Idaho 83642
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 9
Notice to Boise:
Boise City Attorney
City Hall
150 N. Capitol Blvd.
P.O. Box 500
Boise, Idaho 83701-0500
11.5 ParaaraDh Headinas. The paragraph headings of this Agreement are for
clarity in reading and not intended to limit or expand the contents of the
respective paragraphs.
11.6 Partial Invalidity. Whenever possible, each provision of this Agreement shall
be interpreted in such a way as to be effective and valid under applicable
law. If a provision of this Agreement is prohibited by, or invalid under
applicable law, it shall be ineffective only to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Agreement.
11.7 Further Assurances. The parties each for themselves do further covenant
to the others to execute any and all other documents necessary to effect the
transfers contemplated by this Agreement.
11.8 Time. Time is declared to be of the essence to this Agreement.
11.9 Waiver. The rights and remedies of the parties to this Agreement are
cumulative and not alternative. Neitherthe failure nor any delay by any party
in exercising any right, power, or privilege under this Agreement or the
documents referenced in this Agreement will operate as a waiver of such
right, power, or privilege, and no single or partial exercise of any such right,
power, or privilege will preclude any other or further exercise of such right,
power, or privilege or the exercise of any other right, power, or privilege.
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 10
11.10 No Assianment bv Boise. Boise shall not sell, assign, or transfer all or any
portion of its interest in this Agreement at any time.
11.11 Hand-written Provisions. Hand-written provisions inserted in this Agreement,
and initialed by the parties in ink, shall control all type-written provisions in
conflict therewith.
11.12 Entire 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 Counteroarts.
This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original agreement,
but all of which shall be considered one instrument.
11.14 Amendments. This Agreement may not be amended, modified, altered or
changed in any respect whatsoever, except by further agreement in writing
duly executed by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year first above written.
MERIDIAN:
ATTEST:
Page 11
STATE OF IDAHO)
) ss.
County of Ada)
On this.3L day of OcJ.o6er, 2002, before me, a Notary Public, personally
appeared Robert D. Corrie and~ known or identified to me to be the persons
whose names are subscribeài51t&'\ViÌl,iñ'ål(d foregoing instrument as the Mayor and
ttflÁ-b~Clerk, respectively, of the City of Meridian, and who acknowledged to me that they
executed the same for the City of Meridian.
IN WITNESS WJ¡i~~OF, I have here
first above Written,"";~CE L. ;""'"
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t Public for Idaho
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Commission xpires: ð<¡/;lO 107
CITY OF BOISE
ATTEST:
By:
Its:
STATE OF IDAHO)
) ss.
County of Ada )
On this - day of , 2002, before me, a Notary Public, personally
appeared H. Brent Coles and , known or identified to me to be the
persons whose names are subscribed to the within and foregoing instrument as the Mayor
and , respectively, of the City of Boise, and who acknowledged to me that
they executed the same for the City pf Boise.
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 PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 12
EXHIBIT "A"
(Attach copy of Meridian's Request for Proposals [RFP NO. 02-002] here)
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 13
CITY OF MERIDIAN
August 16, 2002
RFP NO. 02-002
The City of Meridian is requesting proposals f City Prosecutor I
Cr:im.inal Legal services for the City of Meridian. ~rms 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. 02-002; City Prosecutor/Criminal. Lega1 Services for tho: 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.
proposals must be signed.
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 ADV2INTAGEOUS TO THE BEST INTEREST
OF THE CITY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A
RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE. -
EXHIBIT A
CITY OF MERIDIAN RFP NO. 02-002
The City of Meridian is requesting proposals for City Prosecutor /
Criminal Legal Services. Qualified firms are invited to submit a
proposal in the format outlined in the Request for Proposals. Any
proposal may be withdrawn prior to the above scheduled time for the
opening of the proposals.
Submit 10 copies of the proposal with the project title clearly ~
indicated. The envelope in which the pro~o~al 1~ rece1ved must be
specifically marked:
RFP No. 02-002; City Prosecutor/Crilldnal Legal. Services for the
City of Meridian
and del.ivered to:
wiJ.l Berg
Meridian City Cl.erk
33 E. Idaho
Meridian, ID 83642
Clarifications to the Request for Proposal.s wil.1 be considered onl.y if
they are submitted in writing and received by Meridian City Cl.erk at
least five working days prior to the proposal. opening. AJ.l
clarifications to the requirements will be addressed as a written
addendum to the proposal. No verbal cl.arifications will be binding on
the City or the consultant.
The successful firm will be required to provide evidence of
Professional. Liabil.ity 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 al.tered, and
contain suggested corrections. The City may deny the protest, require
that the RFP be modified, modify the RFP, and/or reject al.l. or part
of the protest.
Protest of Contractor Sel.ection 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.
paqe 1 of 5
City of Meridian
RFP No'. 02-002 City prosecutor I Criminal Leqal Services
Award of Contract: It is anticipated that the City will contract with
one person or a firm as needed for fiscal year 2002-03 with the
possibility of continuing one (1) year extension{s). We appreciate
your interest in this project and realize that the development of a
proposal is a costly and time-consuming effort. Please be assured
your proposal will be thoroughly reviewed and evaluated. It is
anticipated that the contract will be awarded effective November 1,
2002.
RFP NO. 02-002
CITY PROSECUTOR/CRIMINAL LEGAL SERVICES FOR THE CITY OF MERIDIAN
PROPOSAL SUBMITTAL REQUIREMENTS
SCOPE OF WORK:
The city of Meridian is soliciting proposals to provide Legal Services
for Criminal Prosecution. The specific proposal submittal
requirements are defined below.
The anticipated services will relate primarily to: General Legal
Municipal Law including but not limited to the following areas of
expertise:
General Criminal Prosecution including but not limited to the
following services:
Prosecution of all infraction and misdemeanor offenses
generated by the Meridian Police Department;
Advise Police Chief on all police related issues to include,
but not limited to search and seizure, U.S.C. Section
1983, Idaho Public Records law, arrest and other similar
issues to be decided by the Chief of Police;
Assist other prosecuting agencies, as needed pursuant to any
existing agreements for prosecution services;
Provide on-site service for legal advice in a method and
manner to be determined with the Chief of Police;
In-Court representation of the City of Meridian on all
criminal.matters;
Any and all other duties as assigned by the Mayor and/or
City Cou.nci!.
paqe 2 of 5
. City. of Mecidian
. RFP No. 02-002 city Prosecutor I Criminal I.eqal serVJ.ces
"
I
SUBMITTAL PROCEDURE
A. Date & Location: written proposal submittals are due on the
16th day of September, 2002 at 4:00 p.m. local time at the office
of the City Clerk. The envelope in which the proposal is
received must be specifically marked:
RFP No. 02-002; City Prosecutor/Crim.inal Legal Services for the
Ci ty of Meridian
and delivered to:
Will Berg
Meridian City Clerk
33 E. Idaho
Meridian, IO 83642
B. Please submit Ten (10) copies of the proposal in a sealed
package and identified as follows:
"SEALED PROPOSAL"
"BFP No. 02-002; City Prosecutor/Criminal LegaJ. Services
for the City of Meridian"
II
PROPOSAL FOlUQI.T
Written proposals must be clear, concise and formatted as outlined
below to allow for consistent and fair evaluation of each submittal.
SECTION '¡
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 s~ry of your firm's
experience in this type of work. It also is suggested that you
outline your interest in this prqject(s) and ability to respond and
perform. The cover letter should be siqned 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, ~ summary of equipment capabilities such as word processing, FAX
machines, and ability to communicate with the City via E-Mail should
be provided.
paqe 3 of 5
City 'of Meridian
RFP No. 02-002 City Prosecutor I Criminal Leqal Service.
SECTION III
Ability to Provide Responsive Services - The services anticipated by
this proposal will, for the most part, be requested on short notice
with tight time frames. Please outline your firm's approach and
commitment for providing the necessary services in a timely fashion.
SECTION IV
Cost for Services - Please provide a description of the proposed
billing methodology which may be a listing of the personnel (type) to
be utilized and the billable rate for each category of staff, a
blended rate, retainer, or some other method.
SECTION V
Description of Prior Experience - Each proposer is requested, without
disclosing client sensitive information, to submit a description of
prior work done in the area of law for which the proposal is submitted
including a description of the preferred method of relating to an
institutional client, type and manner of case referral, preferred
method of development of case strategy, and historical client cost
information.
SECTION VI
Description of service to the City - Each., proposer is requested to
describe its methods of determining that matters handled will be
timely, professional, and in accordance with City personnel's
expectations, that unnecessary activities will be avoided, that
ingenuity and resourcefulness by assigned staff encouraged, and how
representing parties with interests adverse to the City avoid will be
avoided during the contract term.
SECTION VII
Other (Optional) - This section is provided to allow for any other
information, including alternate retainer agreement language you
believe is important to be noted as a part of the selection process.
This may include alternatives to the services and methods of delivery
proposed by this RFP. Alternatives methods of delivery of services
must be very detailed and specific to be acceptable.
APPENDIX (OPTIONAL)
A.
B.
-C.
D.
Resumes
Brochures
Letters of Recommendation
Other
paqe 4' of 5
City. of Meridian
RFP No. 02-002 city Prosecutor I criminai Legal Services
III
EVALUATION PROCESS
City staff will review and evaluate the responses received against the
evaluation criteria listed below.
Based on the evaluation of the written proposal by staff, the Contract
will be awarded by the City Council. The City council has final
approval and award authority regardless of staff recommendations.
A. Evaluation Criteria: The evaluation will be based on the
responses received. The City reserves the right to reject any
and all responses received if it determines that action to be
in its best interest. The following criteria will be
considered in evaluating the responses received:
1. Qualifications and Experience of the Firm: This will
be evaluated based on the breadth and depth of the firm's
recent and relevant experience in the provision of
comparable legal services.
2. Qualifications and Experience of the Individuals Who
will Perform the Work: This will be based on the resumes
and recent relevant experience .of the attorneys who will be
working with the City, especially those senior attorneys
responsible for directing the services and advice provided
to the City.
3. Demonstrated Understanding of the City's Needs:
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 hypothetical cost
estimates provided in response to Section IV.
. Pac¡e 5 of 5
City of Meridian
RFP No. 02-002 City Prosecutor I cdminal LeC¡¡l.l Services
EXHIBIT "B"
(Attach copy of Boise's Response dated September 16, 2002)
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 14
Ii'
, '
RECErVE~
SEP 1 G 2002
City of Meridian
City Clerk Of tic",
B 0 I 'S E
CITY OF Tlt,E'ES
, Officeo:fThe
c1ty Attø.:~,1tey
~
, RESPONSE,
" "
RFP No. 02-002
'City Prosecutor/Criminal Legai Services for,
, The City of Meridian'
, ,EXl1lBIT ,8,
LEGAL DEPARTMENT
SUSAN LYNN MtMURA
CITY ATTORNEY
.
BOISE
H, BRENT COLES
MAYOR
COUNCIL MEMBERS
CITY OF TOEES
MIKE WETHERELL
COUNCIL ,"ESIDENT
VERNON L B1STERFELDT
P^UL^ B, FORNEY
¡ON M^SON
CMOLYN TERTELING-P^YNE
M. ¡EROME M^PP
COUNCIL 'RO TEM
September 16, 2002
Mr. Will Berg
Meridian City Clerk
33 East Idaho
Meridian, ID 83,642
Subject:
RFP 02-002 - City Prosecutor/Criminal Legal Services for Meridian City
Dear Mr. Berg:
Thank-you for the opportunity to submit a proposal in œsponse to Meridian Çity's RFP for City
Prosecutor/Criminal Legal Services. The ,Boise City Attorney's office is a full-service municipal ,
law firm. Ar. the agency œsponsible for prosecuting misdemeanors and infractions' for the City
of Boise, we are highly qualitied to ,provide these services on behalf of Meridian City as well.
Our office mission is"... to be !:be model public service law, firm and provide high-qua1ity
services to our clients an4 cust~ in a manner that is ethical, timely, and œsponsive,"
SUmmary of Firm Exoerience
The Boise City Attorney's office cuaently has 22 attorney. positions, 12 legal secretary positions.
and 7 other support positions. Our prosecutors and staff cunently cover six separate criminal
Magistrate judges' calenda'rs - in the same Fourth Judicial District as Meridian. Included as an
appendix to our proposal is a summary of the experience o( our prosecUtors. paralegals. and legal
secretaries. We have almost 200 yeatS of combined attorney experience'. We believe our
experience and expertise would be able to suit your nee~ at a competitive cost.
Interest in the Proiect
The Boise City Attorney's office strives for process improvements and opportunities for growth.
Boise City also values the ability to work cooperatively with its surrounding municipalities.
Both Boise's Police and Legal Departments have cross-deputizatîon relationships with Meridian.
We have provided backup to Meridian for years. We are prepared to offer our high-quality
prosecutorial and criminal legal services to Meridian' and have the resources to respond to your
community's needs.
,.----
CITY HALL' ISO N. CAPITOL ~ULEVARD ',P.o. BOX 500.' BOIS.!. IDAHO 83701-0500' 208/384:3870
FAX 208/384-4454 ' An Equal Opportunity Emplo}'<r ' www.cUyofbolse,i>rg
. ..C"',.......,,~.....C,
Other Information
The Boise City Attorney's office is unique in the way that it provides legal services to its
customers and clients. While most traditional municipal firms have staff who perform either
solely criminal or civil legal work, our office is divided into cross-functional teams that perform
both. Six to seven attorneys and three to four legal secretaries are assigned to a team. Working
together, each team not only covers two criminal court calendars, but also provides legal services
to several internal City customers, such as Planning and Development Services, Public Works,
and Police. We believe this diversity in assignments allows us to retain the best-qualified staff
for longer periods of time and keep them actively involved, challenged, and satisfied in their
assignments.
I am excited at the prospect of sharing my staffs talents with Meridian. I want to affinn our
commitment to providing excellent customer service and experience with little disruption.
Unlike many other bidders, we will not need to create protocols, processes, and new software
because these are already in place. Please accept this letter as our interest in this project and this
Request for Proposal as an outline of our ability to respond and perform.
Sincerely,
~
Boise City Attorney
SMlJdq
iJSi~
Susan LYnn Mimura
Proposer Name
Boise City Attornev
Proposer Title
Boise City Attornev's Office
Proposer Fum
SIGNATURE PAGE
-"ì
150 North Cauitol. Boise ID 83701-0500
Proposer Addiess .
2081384-3870 &208/384-4454
Proposer Telephone. & Fax Numbers
000022175'-8
Federal Tax ID Nuinber
1
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SECTION II
Available Staff and EQuipment
Available Staff
The Boise City Attorney's office proposes to incorporate Meridian City's criminal prosecution
cases into its existing cross-functional team structure. Currently, there are three attorney/legal
secretary teams that perform criminal prosecution work to cover six criminal court calendars:
. Litie:ation/Screenine: Team - The Litigation/Screening team is under the leadership of
Roger Cockerille, a seasoned attorney with over ten years of experience. The team is
responsible for covering the criminal court calendars for both Judge Morden and Judge
Watkins. Currently, the team has seven attorneys, three legal secretaries, and one police
officer/investigator. The team provides litigation support for the City by providing
assistance to attorneys on other teams who may be handling litigation matters, by
handling litigation assigned in-house, or by overseeing the contracts for litigation handled
by outside legal counSel. Its primary custo~er is the City's Risk Manager, and it
provides civil legal advice and guidance for labor relations, union grievances for both
Police and Fire, workers' compensation, and collections. . This team is also different in
that it performs the screening function for all incoming tickets ,and citations to detennine
whether to file criminal charges.
. ParkslPlannine: & Development Team - William L. M. Nary heads this team with his 17
years of municipal experience. He mai1ages six full-time attorneys and four legal .
secretaries and also oversees a part-time contract attorney. The team handles the criminal
court calendars for Judges Minder and Swain. Its primary customers are the Planning &
Development Services Department, the Parks Department, the Library, and the
Ombudsman.
. Public SafetvÆitternrise Team - With five years of experience in both private and public
sector law, Elisa M~soth oversees this team. The team covers the criminal court
calendars for Judge Bieter and Judge Schmid,t. Currently, the team has six attorneYs and
three legal secretaries; however, the office would till both an attorney and a legal
secretary position upon award of the Meridian City contract. The team's primary
customers include thi:: Aviation and Transportation, Public Works, Police, and Fire
DePartments. This team also is in charge of helping to create the new Fourth Judicial
District Family Violence Court and integrating that additional court calendar and method
of handling cases into our office. ' '
On each of these teams, the attorneys and support staff perform both civil and criminal duties.
In addition to the above-mentioned staff: the Boise City Attorney's office also has an
Administrative Support team that'provides support to the office as a whole.' Included in that
team's responsibilities are the tile management, reception, legal research, and other
administrative duties. A summary of the experience of our staff is attached as an appendix to
this proposal packet. '
4.
The Boise City Attorney's office proposes to offer civil legal advice and guidance to the
Meridian Police Chief and Meridian Police Department (MPD) by assigning the Public
Safety/Liaison team. In addition to having a dedicated Police liaison attorney who we propose
will be onsite at Meridian's Police Department Building for two days each week, the team will
provide the Chief with 24-hour on-call support seven days a week as well as specialized training
upon request.
Available EQuipment
The Boise City Attorney's office is a fully automated office. Each staff member has a personal
computer on their desk, and all PCs are upgraded and replaced on a three-year cycle. The
computers are linked to the Citywide network, which uses GroupWise 5 for its calendaring and
messaging. This system also permits entities and individuals outside the City to communicate
with our staff by e-mail. While most staff currently use the Corel WordPerfect Suite for their
word processing, spreadsheet, and presentation needs, the intent is to have all staff using
Microsoft Office within the next two years. Our staff utilize PowerPoint presentations for
courtroom exhibits 1IIld presentationS. The office also has an automated file management system
which barcodes and tracks files, as well as an automated victim/witness case management system
that prints out victim and witness notifications automatically.
We also contract with Ada County to uti1íze the AS400, which currently provides calendaring
and activity for the Fourth Judicial Com
1
1
The office has contracted for electronic research with Westlaw that includes all Idaho databases
(case law, legislative documents, administrative rules, attorney general opinions, etc.), as well as
all other sta,te appellate cases. In addition, we have access to the Ninth Circuit Court of Appeals,
all Idaho federal-c:ases, the United States Supreme Court cases, and United States statutes.
]
We also have many other electronic support systems, including facsímile riiachixies, printers, and
copiers.
1
5
SECTION III
Ability to Provide Responsive Services
The Boise City Attorney's office prides itself for its current prosecutorial efforts on behalf of the
City of Boise. We are prepared to provide the same high-quality prosecution services on
Meridian City's behalf as well. We currently have a cross-deputization relationship with
Meridian and already provide backup and support for legal services, including prosecution of
conflict cases. We are familiar with and understand the Ada County Magistrate Court's systems,
timeframes, court clerks, and judges. Integrating Meridian City's workload into our current
practice would be transparent to defendants, attorneys, judges, and the public.
We provide legal services in a unique and distinctive manner - through cross-functional teams.
Everyone on the team practices both civil and criminal wQrk, to some degree. We believe this
diversity in work assignments 45 lead to greater job satisfaction and improved the quality of
work produced by our staff. Our office structure and management culture allow for greater
participation, self-direction, and input. In addition, the concept of teaming has individual
performers looking at the biggèr picture and seeing how their individual actions may affect more
than just themselves. Where one or two attorneys in a small practice may spread themselves too
thin trying to cOver multiple functions and courtrooms, our teams allow us to better manage and
balance our resources. The Çfoss-functionality erISI1reS that every team member has exposure to
knowledge and skills in relevant subjects such as public records, liability, employment law,
federal employment requirements, and contracts. The teaming establishes norms and 0
consistency in practice among staff so that anyone attorney can look at a tile initially prepped by
another attorney and feel comfortable walking into court to handle the case. . Again, this
increases our ability to. be responsive and tiniely,
,
i
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We also have a distinct advantage over other fums because we have access to the Ada County's
AS400 criminal justice system. This system schedules and tracks the Court's activities by
defendant ~ case. This access permits us to run reports to ensure that we have the most up-to-
date information on the cases we handle. Rath~r than.relying only upon the trial settings, which
~ve by mail, our staff have the ability to immediately look Úp a defendant or a case and
determine whéther something bas changed at their individual desktops and at aworksite in the
Ada County Courthouse.
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SECTION IV
Cost for Services
As an existing governmental law firm, the Boise City Attorney's office has the ability to offer to
Meridian a flat annual fee to be billed in monthly installments to provide the services described
in this proposal.
Primary Lee:al Services
Primary prosecutoria1legal services would include:
. Prosecutorial intake screening and review of all police-generated reports and citations
. Timely filing decision and notification back to police and customer;
. Prosecution ofinftactions and misdemeanors occuning within the Meridian City limits or
pursuant to the Memorandum of Understanding between MPD and BPD;
. Prosecution on behalf of other prosecuting agencies (conflicts and transferS) involving
MPD, including inftactions, misdemeanors, and felony cases; .
. Coverage of the new caseload in Family Violence Court.
Primary civil legal advice and guidance to the Meridian Police Chief and MPD would include:
. Access to members of the Public SafetyÆnterprise team for immediate assistance 24
hours a day, 7 days a week through cell phone and/or pager under a protocol to be
developed with the Meridian Police Chief; .
. On-site legal SeMces by the dedicated assigned Police liaison attorney tWo days each
week;
. Written responses to Legal Information Requests approved by the Meridian Police Chief;
. . Routine review1ll1d approval of the MPD's public reèords requests; .
. Superior legal training' for Block Training, Advanced Academy, on search and seizure, .
public record requests, and civil liability; . .
.. Training.on other needs (incl!lCling those identified through the screening process) by
request of the Meridian Police Chief; .
. Regular legal bulletins. includùig Idaho case law, U.S. Supreme Court, and the Ninth
C~l. .
Basic Victiml\yitness services would include;
.. Timely contact with vic1#ns (either by telephone or automated letter notice) by a
victim/witness cooidinator to advise of -victim rights on all required cases;
. Preparation ofvictimslwitnesses for domestic violence-related cases (domestic assault,
domestic battery, violation of no contact order, violation of protection order, stalking;
telephone harassment when associated with one.of the preceding, and malicious injury to
property when associated with one of the preceding) and all cases with restitution;
. CoordÌnation and liaison with prosecutor on the above-mentioned. cases,
Annual.Cost ~$~ . .. Monthiy Installment ~ .~~.
. . 7. .. .
Optional Services
Boise City also is offering two optional services to Meridian:
. On-call victim/witness services (2417) and follow-up for all violent crimes including
sexual assault, rape, and domestic violence-related cases (both felony and misdemeanor)
as described before.
SSG/hour + mileage to and from the crime scene, victims' locations, or court
. Juvenile Accountability Services for all juveniles with flISt-time tobacco and alcohol
tickets, including two afternoons each week onsite for assessments, initial and exit
interviews, scheduling of education classes and community service, and formal
complaints for the tickets of those who do not qualify, who fail to complete the program,
or who re-offend within 12 months of the first offense. In order to implement this
. portion, Meridian City only would need to sign over its $11,708 JA¡BG dollars to Boise
City; Boise City would cover the required match onl,30t.
;¡
FFYO! JAIBG dollars - $11,708*
*Federal dollars assigned from Meridian CIty to Boise City
8
SECTION V
Description of Prior Experience
Prior Experience
The Boise City Attorney's office offers tremendous experience in the prosecutorial practice of
law. The overall legal experience of our attorneys ranges from a minimum of 1 year to a
maximum of27 years. Every attorney and every legal secretary in our office has performed
both civil and criminal work. While our criminal practice primarily prosecutes misdemeanors
and infractions, we have 12 attorneys who have prosecuted felony cases. In addition, we
currently have Memorandums. of Agreement with the surrounding agencies to permit our
attorneys to prosecute on behalf of Meridian, Garden City, and Ada County. Therefore, our staff
has continuously provided backup support in prosecuting cases on behalf of Meridian.
Preferred Method of Relatinl!: to an. Institutional Client
Since we already provide support to an "institutional client" (i.e., the State of Idaho in
prosecution cases or the Boise City Council arid Mayor in civil.matters), we are familiar with the
particular requirements for a governmental client.
For those Meridian citations and reports where prosecution is declined, the Boise City Attorney's
office will issue written notices to the defendants, victims, and the investigating officer as
appropriate. We are prepared to submit a quarterly written report summarizing those statistics as
well as to identify training needs and offer written feedback to the Meridian Police Chief on
those needs identified during !:he screening process (Le., appropriate report writing, appropriate
investigation. etc.).. .
While most criminal cases are routine, there may be particular criminal matters that are
considered "high profile" because they may be of a sensitive nature and/or have media interest
There will be times when MCrldian's Mayor and CitY Council and/or its Police Chiefneed to be
kept informed about the status and resolution of these types. of issues. This office is committed
to reporting on these types of cases in a. manner that best suits the needs of Meridian City,
including as-needed telephone calls, monthly or quarterly written reports, and/or Council .
presentations. On more routine criminal cases; the Boise City Attorney's office is willing to
, . track and report the number of Meridian City criminal cases that it handles on a monthly basis.
. .
M. for other legal advice and guidance to the Meridian Police Chief; the Meridian Mayor, and
the Meridian City Council with regard to criminal prosecution matters, the Boise City Attorney's
office will report on a monthly basis the number of hours dedicated to these administrative
matters and provide a quarterly report summarizing the number and status of outstanding and
closed Legal Infonnation Requests.
9
Type and Manner of Case Referral
Upon execution of the contract, the Boise City Attorney's office would begin providing
prosecutorial services as well as civil/administrative to Meridian City:
. Screening - Boise City has contacted the Ada County Records Manager and can fmalize
arrangements to have them deliver all non-arrest, not-cited reports and all citations to the
Boise City Attorney's office along with Boise City's documents. These would be
forwarded to the Screening team, where the support staff person would order all the
necessary reports and documents to present a packet to the screening attorney. If needed,
the screening attorney would assign the matter to the screening investigator for further
investigation. Once the packet is complete, the screening attorney would make a decision
and notify Meridian and the involved parties on whether the case will be filed.
. Prosecution of Inftaction and Misdemeanor Cases - Boise City has contacted the Ada
County Clerks and can fmalize arrangements so that as soon as the Clerk of the Court
assigns a case number for a Meridian matter and begins setting dates, the court clerks
would route all Meridian cases directly to Boise City, The Meridian cases would be
assigned to the various teams by judge.
. Prosecution on Behalf of Other Prosecuting Agencies - Upon receipt of a written conflict
letter ftom another agency on a Meridian City case, the Boise City Attorney's office
would take the necessary steps to transfer the case appropriately.
. Advice to Meridian Police Chief-The civil/administrative support for MeridiaIi Police
Chief would be assigned to the Public SafetylEnterprise team. and a primary Police
liaison attorney would be identified with the Chief s input and approval. The team lèàder
and Primary liaison attorney would work directly with the Police Chief to identify the
best method of referring specific issues and matters. The team would provide 24-hour,
7-da.y éoverage to the Police Chiefutilizing cell phones and pagers, and the assigned
Police liaison would provide two full days per week of onsite legal advice at the Meridian
policè facility. -
.- Advice and Training to Meridian Police Department - Upon receipt of a written Legal
Information Request ftom the Meridian Police Chief: the Public SafetylEnterprise t~
leader would provide a written confinnation assigning an attorney and describing the
scope of the request, and the anticipated due date. -
. In-Court Representation - The Boise City Attorney's office would cover Meridian's
criminal case matters to the same standards as Boise's.
. Any and All Other Duties - Upon receipt of a written Legal Information Request from
the Mayor and/or Meridian City Council, the Boise City Attorney would provide a
written confIrmation assigning the appropriate attorney, confIrming the scope of the
request, and proposing a due date.
10
Preferred Method of Develooment of Case Strategy
For most routine criminal cases, the paperwork initially comes to the legal secretary, where it is
organized and made into a case file. The legal secretary also orders any additional items (i.e.,
videotapes, audiotapes, reports, etc.) and then prepares discovery response on behalf of the
handling attorney. The handling attorney then generally reviews the file, performs an initial
factual review, requests any additional information, and calculates a proposed offer. On more
complex matters, the handling attorney may seek the advice and guidance of a mentoring
attorney or a. team leader.
Historical Client Cost Information
The City of Boise generates and prosecutes the majority of the criminal misdemeanors and
infractions for the Fourth Judicial Magistrate Court. Over the past four years, our office has
provided the following hours in criminal prosecution:
FY-98
15,053
FY-99
18,656
FY-oO
20,874
FY -01
22,224
The office has devoted another 15,902 hours to criininal prosecution efforts through Jun~ 2002.
Our officè also has provided the following hours dedicated to providing civil legal advice and
guidance to the Boise Police Department .
FY-98
819
FY-99
1,899
FY-oO . FY-ol
1,601 1,261
. The office has spent another 1,659 hours through June 2002 for providing Police legal services.
In addition, the Boise City Attorney's Office overall Department expenses over the last four
years have been:
Expenses FY-98 FY -99 FY-oO FY-ol
Personal Services 1,908,561 2,151,418 2,360,184 . 2,873,624
M&O 409,080 453,365 569,859 1,108,760
Equipment 42,258 35,788 45,346 53,307
Total 2,359,899 2,640,571 2,975,389 4,035,691 .
11
SECTION VI
Description of Service to the City
As described in this proposal, the Boise City Attorney's office is dedicated to providing high-
quality legal services in a manner that is ethical, timely, and responsive. Our cross-functional
approach to law practice is unique and provides intellectual challenge, personal growth, and
better customer service for both the clients and the customers of the office.
Our organizational structure permits us to cover all six of the Magistrate court calendars plus the
new Family Violence Court. We will provide individual, one-on-one customer service to your
Meridian Police Department.
We pride ourselves oil our work product and our legal services. Our commitment is to
continuous improvement, and so we constantly work on our quality assurance and process
improvement efforts. We work closely with our customers to ensure they understand the pros
and còns of any particular action to ensure that we avoid unnecessary activities. We also
embrace creativity and ingenuity by rewarding it in the workplace on both an individual and it
team level.
We strive to be professional and ethical in all that we do, and we have high standards to which
we are committed. Aß a govermnenta1law firm. we understand the concept of being cost-
conscious and recognize that we remain public servants who act for the best interests of the City
as embodied in our Mayor and City Council. We consider that our services. must have value for
our customers, our co=unity, and the taxpayers. We would continue that effort on beh3.J.f of
your City as well. .
We are particularly sensitive to concems llbout conflicts of interest, and our st3.ff are routinely
traiIied on ethics and on identifying parties with interests, which are adverSe tò the City of Boise.
Our process can easily be broadened to include recognition oftOOse issues that are adverse to
Meridian City. In any situation where there may be a conflict between the interests of the two
cities, we are prepared to utilize one of our existing outside legal counsel contracts to provide
specific counsel for Meridian City. .
12
SECTION VII
Other Information
Boise City already is actively working with the Fourth Judicial Court as it develops its new
Family Violence court. This will be a courtroom dedicated to addressing families with violence
in the home that have both pending criminal and civil cases. While representatives from
Meridian have not been able to join the discussions so far during the development, Boise City is
willing and able to represent Meridian's interests in this new approach as well as staff the new
courtroom that will be required.
Boise City also prides itself on its efforts to develop and track good statistical data that helps
determine whether it is providing the services in the best way possible. We periodically review
our closed cases for both Driving Under the Influence (DUI) and Domestic Violence-related
(DV) charges and develop statistics to evaluate our success in prosecuting these types of cases.
We are proud to note that our conviction rate for DUIs is over 87% and we dismiss fewer than
2% of the cases. On DV cases, we have an overall conviction rate of 77%, with fewer than 23%
of the cases dismissed. We believe this type of statistical information is not only indicative of
the quality service we will provide to your City, but also is vital information that your City can
use in managing this contract.
Boise City offers basiè victim/witness services as part of its package., Our victim/witness
coordinators serve as a liaison between the victims/witnesses of crimes and the prosecutors.
They help victims to understand their rights and assist them through the court process. They also
provide victims with short-term crisis intervention, long-term community resources, and vital
community information to assist them with their assessed and implied needs. This service has
proven invaluable for Boise City, and we expect that it would provide the same benefit to'
Meridian CIty as well. -
A3 an add-on service, Boise City is prepare to offer on-ca1l victim/witness services for both .
misdemeanor and felony domestic violence cases as well as for sexual assault, rape, and other
violent crimes., After piloting an on-call program for misdemeanor domestic violence cases,
Boise determined that providing an onsite person who could immediately assist victims with
crisis intervention and assist officers in their initial investigation was a valuable service. Boise
, had already determined that on-call victim/witness services for felony cases were invaluable in
assisting police to investigate violent and-traumatic crimes. "
A3 another add-on to its overall prosecuto$l services, Boise City is prepared to provide juvenile
accountability diversion services as well. The Juvenile Accountability Program is a federal
grant-funded program to divert juveniles out of the overburdened criminal justice system. . It
offers a unique opportunity for juveniles with first-time tobacco and alcohol violations to dispose
of their citations without going to court. Instead, juveniles and their parents are assessed and
'referred to community resources and ed\1cation classes. .while a n~ber of the tickets are
referred to Ada County's Youth Court program (a peer-based diversion process). the remaining
ones are handled in-house. The J A coordinator works with the juvenile and their parents to
ensure that both are equally accountable, requiring them aU to sign a contract agreeing not to use
tobacc;o, alcohQl"or illegal substances throughout the diversion p¡:ocess. The juvenile' acbNts
their guilt, and the ticket is held rather than filed with-the court. As part of the diversÎon, the
13
juvenile is required to attend substance abuse education classes, perform community service
within the City to give back to the community, and provide a written essay about the experience.
If there is a need, the juvenile and his parents are referred to other community resources, such as
counseling. If a juvenile fails to complete all the requirements of the diversion or re-offends
within one year, then the citation is filed with the Court.
According to the Association ofIdaho Cities (AlC), Meridian City had submitted an Intent to
Use form; however, your City had not submitted the necessary follow-up paperwork to accept
the grant by the necessary deadline. Our conversations with AlC indicate that despite the delay,
if Meridian immediately signs a waiver to "pass through" their assigned J AIBG funds to Boise
City, we can begin handling cases on your behalf as proposed here.
Both of these options are ongoing services that our office already provides to its current
customers and can easily incorporate into the services that Meridian could use.
14
APPENDIX A
Staff Oualifications
Public SafetvlLiaison Team
Elisa G. Massoth, Assistant City Attorneyrream Leader
J.D., University ofIdaho College of Law, May 1997
Assistant City Attorneyrream Leader, Boise City Attorney's Office, April 200 I-Present
Attorney, Moffatt Thomas, May 200D-Apri1200l
Assistant City Attorney, Boise City Attorney's Office, April1998-May 2000
District Court Law Clerk, Honorable Judge Horton, August 1 997-April 1998
Judicial Advisor, U ofI Student Advisory Services, August 1996-May 1997
Legal Intern, Oregon Coalition Against Domestic & Sexual Violence, June 1995-July 1995
Paul J. Fitzer, Assistant City Attorney
J.D., Southern Methodist University School of Law, May 1997
. Assistant City Attorney, Boise City Attorney's Office. April 1998"Present
Legal Intern, Ada County Prosecuting Attorney's Office, May 1997-January 1998
Legal Extern, U.S. Environmental Protection Agency, SummerlFalll996. .
Legal Extern, U.S. District Court - Northern District of Texas; Summer 1995
JanetKensett, Legal Secretary
Legal Secretary, Boise City Attorney's Office. July 2001-Present
Jill B. Musser, Assistant City AttomeylBPD Legal Advisor
J.D., Washington University School of Law, 1990
Assistant City Attorney, Boise City Attorney's Office, February 1996-Present
Deputy Prosecuting Attorney, Ada County Prosecutor's Office, Àugust 1990-November 1994
Volun~ Intern, King Co.unty Prosecuting Attorney's Office, Summer 1989
Urban Law Program, Washington University School øfLaw, Spring 1990
Marlene Nothling, Legal Secretary
- Legal Secretary, Boise City Attorney's Office, 2001-Present.
Senior Customer Specialist, PeopleFirst.Com, 2001 .
ParaLegal, Collection House (Australia), 1996-2000
ParaLegal, Jones King Lawyers (Australia), 1993-1996
Douglas K. Strickling, Assistant City Attorney
- J.D., UniversityofIdaho, 1984
- Assistant City Attorney, Boise City Attorney's Offiée, 1984-Present.
15
,
.
Alison Stieglitz Tate, Assistant City Attorney
J.D., University ofIdaho, 1995
Assistant City Attorney, Boise City Attorney's Office, February 2002-Present
Prosecuting Attorney, Garden City, October 2000-February 2002
Deputy Attorney General, State ofIdaho, October 1998-0ctober 2000
Associate, Gordon Law Offices, October 1997-0ctober 1998
Deputy Public Defender, Ada County Public Defender's Office, June 1996-0ctober 1997
Law Clerk, Honorable Thomas F. Neville, June 1995-June 1996
Michelle Eisenbeiss-Taylor, Legal Secretary
Legal Secretary, Boise City Attorney's Office, 1993-Present
SecretarylReceptionist, Hoff Forest Products, 1989-1993
Matt Wilde, Assistant City Attorney
Assistant City Attomey, Boise City Attorney's Office, August 1996-Present
ParkslPlannine: & DevelODment Team
WilliamL.M. Nary, ASsistant City AttomeyffeamLeader
J.D., University of Idaho, 1985
Assistant City Attorney, Boise City Attorney's Office, 1989-Present
Partner, Ambrose Fitzgerald & Cr9okston, 1985-1989-
Prosectltor, Meridian City, 1985-1989
Ted Baird, Assistant City Attorney
J.D.IMB~., Willamette University, 1988 .
AssiStant City Attorney, BoiSe City AU9rney's Office, ~c)l2000-Present
Associate Attorney, Ramis & Crew Law Finn, September 1994-July 1996
Assistant City Attorney, City of Beaverton, January 1993-Septernber 1994
Assistant City Attorney, Boise City Attorney's Office; February 1991-January 1993
Associate Attorney, yturri Rose Law Finn, July 1988-July 1990 .
Emily Kane, Assistant City Attorney
J.D. & Environmental & Natural Resource Law Certificate, Northwestern School of Law of
Lewis & Clark College, 2000 .
Assistant City Attorney, Boise City Attorney's Qffice, September 200 I-Present
Judicial Clerk, The Honorable Daniel Meehl, June 2000-September 2001
Legal Intern, Department of Interior-Indian Law Secti~n, May 1999-August 1999
Legal Intern, Lewis & Clark Legal Clinic, August 1999-December 1999
Law Clerk, Schroeder Law Offices, May 1998-Apri11999 .
16
R. Stephen Rutherford, Assistant City Attorney
J.D., University ofIdaho College of Law, 1996
Assistant City Attorney, Boise City Attorney's Office, November 1999-Present
Meridian Prosecuting Attorney, White, Peterson, Pruss, Morrow & Gigray, August 1998-
November 1999
Public Defender, Ada County Public Defender's Office, September 1996-August 1998
Teresa Sobotka, Assistant City Attorney
J.D., University of Idaho, 1987
Assistant City Attorney, Boise City Attorney's Office, 1993-Present
Prosecutor, Garden City, 1992-1993
Special Prosecutor, AdalElmoreIPa yettelIdahoiCanyoniGemIW ashingtonl AdarnsN alley
Counties, 1989-1992 -
Deputy Attorney General, State ofIdaho Attorney General's Office (H&W), 1987-1991
Mary Watson Tyree, Assistant City Attorney
Assistant City Attorney, Boise City Attorney's Office, 200 I-Present
James F. Wickham, Assistant City Attornèy
J.D., University ofCa1ifomia, Hastings College of Law, 1974
Assistint City Attorney, Boise City Attorney's Office, October 1988-Present
Associate, Harris & Sutton, March 1987-5eptem.ber 1988
Deputy Attorney General, State of Idaho Attorney General's Office (H&W),
November 1980-February 1987
Attorney, Private General Practice, February i979-October 1980
Assistant Attorney General, State ofIdaho Attorney General's Office (H&W),
September 1975-January 1979
Law Clerk, Rhodes & ShemKi, June 1973-~ay 1974
Litil!ationiScreenine: Team
Roger E. Cockerille, Assistant City Attorneytream Leader
J.D., University of Wyoming College of Law, 1992
Assistant City Attorney, Boise City Attorney's Office, 1997-Present
Associate, Lathrop & Rutledge, 1993-1996
Law. Cleric, U.S. District Court- Wyoming, 1992-1993
Student DirectOr, Prosecution Assistance Clinic, 1991-1992
17
Rondee Blessing, Assistant City Attorney
J.D., University of Idaho College of Law, May 1998
Assistant City Attorney, Boise City Attorney's Office, January 2000-Present
Law Clerk, The Honorable Daniel T. Eisrnann, August 1998-Decernber 1999
Student Prosecutor, University ofIdaho Student Advisory Services, August 1997-May 1998
Law Clerk, Manweiler, Bevis & Cameron, May 1997-August 1997
Kevin Borger, Assistant City Attorney
J.D., Washburn University of Topeka, 1986
Assistant City Attorney, Boise City Attorney's Office, 1991-Present
Attorney, Solo Practitioner, 1988-1991
Associate Attorney, Meuleman & Miller, 1986-1988
James Scott Dowdy, Assistant City Attorney
J.D., University of South Dakota, School of Law, 1999
Assistant City Attorney, Boise City Attorney's Office, July 2000-Present
Judicial Law Clerk, The Honorable Nathan Higer, August 1999-July 2000
Legal Intern, Moscow City Attorney, January 1999-April1999
Extern, Office of the U.S. Attorney General- Idaho, May 1998-July 1998
Randall S. Grove, Assistant City Attorney
J.D., University of Washington School of Law, 1991
Assistant City Attorney, Boise City Attorney's Office, 1997-Present
. Deputy Prosecuting Attorney, Canyon County Prosecuting Attorney's Office, 1994-1997
Deputy Prosecuting Attorney, Ada County Prosecutor's Office, 1991-1994
Legal Intern, U.S. Attorney-Washington, 1990 .
Scott B. Muir, Assistant City Attorney
J.D., University ofIdaho, College of Law, 1990
Assistant City Attorney, Boise City Attorney's Office, January 200l-Present
Deputy Attorney. General, State ofIdaho Attorney General's Office (Finance),
September 1997-January 2001
Deputy Attorney General, State ofIdaho Attorney General's Office (Insurance),
January 1996-September 1997 .
Attorney, Quane, Smith, Howard & Hull, June 199~January 1996
J. Paige Willåns, Assistant City Attorney
J.D., University ofIdaho; College of Law, 2000
. Assistant City Attorney, Boise CitY Attorney's Office, October 2000-Present
Appellate Clinic Intern, University of Idaho Legal Aid Clinic, 1999-2000
Extern; The Honorable Jim D.. Pappas, Summer 199~
18
Administrative Team
Michelle Albertson, Paralegal
Legal Assistant Certification, 2001
Paralegal, Boise City Attorney's Office, May 2002-Present
Legal Secretary, Boise City Attorney's Office, December 1997-May 2002
Senior Secretary/Accounting Specialist, Boise Fire Department, August 1991-December
1997
Secretary II/Court Clerk I, Chandler City Court, April 1986-June 1991
Legal Secretary, Whipple & Byington Law Office, June 1982-March 1986
Debbie G. Allen, Paralegal
ADPS, The Paralegal Institute, 1998
Paralegal, Boise City Attorney's Office, December 1999-Present
Paralegal, Department ofEnvironmentaJ Quality, March 1998.December 199.9
Administrative Legal Assistant, Department of Health & Human Services, October 1997.
March 1998
HUman Resources Associate, Montana State Fund, March 1997-0ctober1997
Paralegal, Wewer Law Firm, September 1996"March 1997
Administrative Assistant/ParaIegal, Federal Defenders of Montana, September 1993.
September 1996. .
Administrative Assistant II, Montana Department of Revenue, April1990-Septcmber 1993
Officè Manager/Legal Secretary, O'Brien Law Office; May 1985-Apri11990
Legal Secretary/Bookkeeper, McClain & Dowdall, November 1984-May 1985
Legal Secretary/Bookkeeper, Morales, Volinkaty & Harr, March 1979-November 1984
Legal Secretary, Tipp, Hoven & SIgelset, February 1978-February 1979
19
'. "
APPENDIX B
Memorandum re!!ardin!! JAlBG Funds for Meridian
20
-'- .
September 13. 2002
To:
Matthew Haynes, Juvenile Accountability Coordinator, City ofBoìsc
City of Meridian
From: Justin Oliver Ruen, Association of Idaho Cities
Rc:
2001 Juvenile Accountability Incentive Block Grant
'rhe purpo~"e oftlús memo is to summarize conversntions 1 have had with Allan Miller of
the Department of Juvenile Corrections (DIC) concerning the possibility of the City of
Meridian waiving tllair 2001 JA1I3G funds to the City oflloise for ajuvenile
accountability prosrnm. Miller said that such a waiver could still be accol1iplished for tIle
2001 grant, and that DIC would encourage such an arrangement so that the funds are
utilized. Tha City ofMl-ridian will need to complete a waiver form, wlúch must
subsequently be Ilcex'pted by the City ofUoise.
If you have any further questions, do not hesitate to siva me a call.
, , ,
RESOLUTION 17303
BY THE COUNCIL: $ "oBIST"ERFE"LDT, FORNEY, MAPP, MASON
F-\~..... L ËR'Ì}LlNG-PAYNE AND WETHERELL
.;., -., ',/ \
i a~ \1-:::'\
A RESOLUTION RAT:lFìYlf'\!.G.ltl.E~!\IIAYOFf ' SIGNATURE AND APPROVING THE
AGREEMENT FOR~"!e AÞÞòIN"FNiENli ¡;¡ THE CITY OF BOISE LEGAL
DEPARTMENT TO È.B.F..O,RM PROSEcV;T RIAL AND POLICE LEGAL ADVISOR
DUTIES FOR THE CI <'~~.~~~~~ D PROVIDING AN EFFECTIVE DATE.
,-, ~ "
WHEREAS the CitYb n!> I{. fi, "'ad publicized a Request for Proposals in
September of 2002 for prosecutorial services to be performed; and
WHEREAS after submittal and presentation to the Meridian City Council the City
Attorney's office for the City of Boise was selected to perform that service for fiscal year
ending September 30, 2003; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF BOISE CITY, IDAHO:
Section 1. That the Agreement by and between the City of Boise City and the
City of Meridian, a copy of said Agreement marked Exhibit "A" attached hereto and
incorporated herein by reference, be, and the same is hereby, approved as to both form
and content.
Section 2. That the Mayor has signed said agreement to be in conformance with
the starting date of the Agreement of November 1, 2002, we ratify said signature and
authorize the Clerk to execute and attest said Agreement for and on behalf of the City
of Boise City.
Section 3, That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
R-487-02
ADOPTED by the Council of the City of Boise City, Idaho, this 5th
November
,2002.
APPROVED by the Mayor of the City of Boise City, this 5th
November
ATTEST:
,2002.
APPROVED:
day of
day of
MAYOR
CITY CLERK
AGREEMENT FOR CITY PROSECUTOR / CRIMINAL LEGAL SERVICES
This Agreement for City Prosecutor/Criminal Legal SelVices (hereinafter referred to
as "Agreement") is made this i!!. day of Æ//€A#f/i!1'- , 2002, between the City of
Meridian, a municipal corporation organized and existing by virtue of the laws of the State
of Idaho (hereinafter referred to as "Meridian"), and the City of Boise, a municipal
corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter
referred to as "Boise").
RECITALS
0.1
Pursuantto Idaho Code§ 50-204 and Meridian City Code §§ 1-8-1 and 1-8C-1,
on August 16, 2002 Meridian requested the submission of proposals from
qualified firms to provide certain city prosecutor/criminal legal services to
Meridian.. A copy of Meridian's Request for Proposals (RFP NO. 02-002) is
attached hereto as Exhibit "A" and is incorporated in full herein and is made a
part of this Agreement by this reference.
0.2
In response to Meridian's request for proposals, Boise, through the office of the
Boise City Attomey, submitted a Response dated September 16, 2002, a copy
of which is attached hereto as Exhibit "B" and which is incorporated in full
herein and is made a part of this Agreement by this reference.
0.3
Among the proposals received in response to Meridian's request for proposals
as set forth above, Meridian has deemed the proposal submitted by Boise as
the most advantageous to the best interest of Meridian.
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 1
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and intending to be legally bound thereby, Meridian and Boise covenant
and agree as follows:
I NCORPORA TION OF RECITALS. The parties agree that the foregoing Recitals are
contractual and binding and are incorporated herein as if set forth in full.
2
DEFINITIONS. In addition to any other definitions set forth in this Agreement, for all
purposes of this Agreement the following terms are defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires
otherwise:
2.1
"Fiscal Year" means and refers to Meridian's fiscal year, now beginning
October 1 st and ending September 30th of each calendar year, as provided by
State law and this definition shall be considered automatically amended in the
event of., an amendment of the provisions of Idaho law relative to the
establishment of the fiscal year for Meridian.
2.2
"MPD" means and refers to the Meridian Police Department.
2.3
.Primary Legal Services" means and refers to all of the following:
2.3.1 Legal services necessary to prosecute all criminal misdemeanors,
infractions, and all violations of the City Code of the City of Meridian
involving matters occurring within the corporate limits of the City of
Meridian, or pursuant to the Memorandum of Understanding between
MPD and the Boise Police Department; or initiated by Meridian, or
involving the enforcement of Meridian's ordinances and/or Idaho State
Law;
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 2
2.3.2 Prosecutorial intake screening and review of all police-generated
reports and citations, the timely filing of decisions thereon, and prompt
notification of decisions to MPD and customer;
2.3.3 Prosecution on behalf of other prosecuting agencies (conflicts and
transfers) involving MPD concerning infractions and misdemeanors;
2.3.4 Coverage of Meridian's case load in Family Violence Court;
2.3.5 Provide civil legal advice and guidance to the Meridian Police Chief
and MPD;
2.3.6 Provide access to members of the Boise City Attorney's Public
Safety/Enterprise team for immediate assistance 24 hours a day, 7
days a week through cell phone and/or pager under a protocol to be
developed with the Meridian Police Chief;
2.3.7 provide legal services through Boise's dedicated assigned police
liaison attorney (as approved by the Meridian Chief of Police) at the
MPD facility during normal business hours for not less than sixteen
(16) hours per week at such times as determined by the Meridian
Police Chief;
2.3.8 Provide prompt written responses to Legal Information Requests
approved by the Meridian Police Chief, his designee, or from
Meridian's Mayor or City Council;
2.3.9 Routine review and approval of all public records requests received
by the MPD (or received by Meridian concerning police matters);
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 3
2.3.10 Provide Meridian with legal training on issues such as search and
seizure, public record requests, and civil liability;
2.3.11 Provide further training of MPD personal on other needs (including
those identified through the screening process) as requested by the
Meridian Police Chief;
2.3.12 Provide MPD with regular legal bulletins, including relevant Idaho,
U.S. Supreme Court, and the Ninth Circuit case law and decisions;
2.3.13 Provide victim/witness services in criminal misdemeanors including
timely contact with victims (either by telephone or automated letter
notice) by a victim/witness coordinator to advise of victim rights on all
required cases; preparation of victims/witnesses for domestic
violence-related cases (domestic assault, domestic battery, violation
qf no contact order, violation of protection order, stalking, telephone
harassment when associated with one of the preceding, and
malicious injury to property when associated with one of the
preceding) and all cases with restitution; and coordination and liaison
with prosecutor on the above-mentioned cases;
2.3.14 Provide Meridian with juvenile accountability services for all juveniles
with first-time tobacco and alcohol tickets regarding offenses
occurring within the corporate limits of the City of Meridian, including
staffing at the MPD facility as agreed upon with Meridian's Chief of
Police to perform assessments, initial and exit interviews, scheduling
of education classes and community service, and formal complaints
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 4
for the tickets of those who do not qualify, who fail to complete the
program, or who re-offend within 12 months of the first offense;
2.3.15 For defendants who receive probation (either supervised or
unsupervised) as a result of a conviction for a misdemeanor occurring
within the corporate limits of the City of Meridian (or defendants who
fail to pay fines and restitution), Boise shall monitor such defendants
compliance with the terms of probation, and shall take appropriate
action (including the initiation and prosecution of probation violation
and/or contempt proceedings, requests for issuance of arrest
warrants, etc.) in an effort to obtain compliance; and
2.3.16 Provide all other services as set forth in the Response submitted by
Boise (Exhibit "B"), excluding Optional Legal Services as defined
above.
3
SERVICES PROVIDED BY BOISE. Pursuanttothe terms of this Agreement, Boise
is hereby appointed by Meridian to perform all Primary Legal Services for Meridian
and such other Optional Legal Services as requested by Meridian.
4
PAYMENT FOR SERVICES. Meridian agrees to pay Boise for services rendered
pursuant to the terms of this Agreement as follows:
4.1
As compensation for all Primary Legal Services, including all out-of-pocket
expenses incurred by Boise in performing the Primary Legal Services,
Meridian shall pay Boise the total sum of twelve thousand six hundred
seventy and 00/100ths dollars ($12,670.00) per month.
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 5
4.1.1 Payment for Primary Legal Services shall be. paid by Meridian to
Boise or before the 20th day of the following month.
4.1.2 In addition to the monthly retainer amount, Meridian shall execute a
waiver to transfer the JAIBG grant funds (in the approximate amount
of $11 ,708) previously assigned to Meridian to Boise.
4.2
Compensation for victim/witness services performed by Boise at the request
of Meridian shall be paid at the rate of $50.00 per hour for services
performed by Boise's victim witness coordinators (who shall be available 24
hours a day7 days a week and who shall also provide follow-up for all violent
misdemeanor crimes), plus reimbursement for mileage to and from the Boise
City victim witness coordinator office and all crime scenes and victims'
locations which are located outside Boise City limits.
4.3
Boise s~all provide Meridian with a monthly itemized invoice of all services
performed at the request of Meridian beyond the Primary Legal Services
(including all out-of-pocket expenses). Provided the invoice is received by
the 5th of the month, Meridian shall remit payment to Boise by the first
business day of the following month.
5
TERM. The term of this Agreement shall commence November 1, 2002 and shall
continue until the end of Meridian's current Fiscal year, September 30, 2003,
subject to renewal or extension as set forth in this Agreement.
6
REPRESENTATIONS AND WARRANTIES OF BOISE. Boise represents and
warrants to Meridian as follows:
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 6
6.1
Authority. Boise has the right, power, legal capacity and authority to enter
into and perform its obligations under this Agreement.
6.2
Performance of Services. Boise agrees to perform all of the services and
work set forth in this Agreement in a timely, efficient, and professional
manner in accordance with the terms of this Agreement and in compliance
with existing laws, ordinances, rules, or regulations of any applicable
regulatory authority or governmental body.
6.3
Non-Exclusive Aareement. Boise acknowledges that this Agreement shall
not be interpreted to limit Meridian's authority to retain the services of outside
legal counsel to perform any legal services other than Primary Legal
Services, whether as a result of Meridian's need for special expertise or
otherwise.
7
INSURANCE. . For the purposes of this Agreement, Boise shall carry the following
types of insurance in at least the per occurrence limits specified below:
Coveraae
Limits of Liabilitv
Professional liability (errors and omissions)
Workman's Compensation
Employer's Liability
General Liability (bodily injury and/or property damage)
Automobile bodily injury and/or property
damage liability (combined single limit)
$
Statutory limits
$1,000,000.00
$1,000,000.00
$1,000,000.00
8
INDEMNIFICATION. Boise shall indemnify and hold Meridian, and its officers,
agents, and employees, harmless from any and all liability, damage, or expense,
including attorney fees, which may be brought, claimed, or pursued against
Meridian or its representatives arising out of the intentional act, negligence, or
omission of Boise or its employees, agents, or representatives.
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 7
9
POSSIBLE EXTENSION OF TERM OF AGREEMENT.
The parties 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 Boise's appointment as
Meridian's attorneys in the manner as set forth in Idaho Code § 50-206 and
terminate this Agreement, with orwithout cause, at any time, which termination shall
be effective upon service of written notice to Boise in the manner as setforth herein.
In the event of a termination, Meridian shall remain responsible to pay Boise for all
services provided through the date of termination pursuant to the terms of this
Agreement.
11
GENERAL PROVISIONS.
11.1 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 Agreement will be interpreted in accordance with the
laws and statutes of the State of Idaho.
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 8
11.4 Notices. Any notice under this Agreement shall be in writing and shall be
treated as duly delivered if the same is personally delivered or deposited iri
the United States mail, certified, return receipt requested, postage prepaid,
and property addressed as follows:
Notice to Meridian:
Robert D. Corrie, Mayor
Meridian of Meridian
33 East Idaho Street
Meridian, Idaho 83642
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 9
Notice to Boise:
Boise City Attorney
City Hall
150 N. Capitol Blvd.
P.O. Box 500
Boise, Idaho 83701-0500
11.5 Paraqraph Headings. The paragraph headings of this Agreement are for
clarity in reading and not intended to limit or expand the contents of the
respective paragraphs.
11.6 Partiallnvaliditv. Whenever possible, each provision of this Agreement 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 altemative. Neither the failurenor any delay by any party
in exercising any right, power, or privilege under this Agreement or the
documents referenced in this Agreement will operate as a waiver of such
right, power, or privilege, and no single or partial exercise of any such right,
power, or privilege will preclude any other or further exercise of such right,
power, or privilege or the exercise of any other right, power, or privilege.
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 10
11.10 No Assianment bv Boise. Boise shall not sell, assign, or transfer all or any
portion of its interest in this Agreement at any time.
11.11 Hand-written Provisions. Hand-written provisions inserted in this Agreement,
and initialed by the parties in ink, shall control all type-written provisions in
conflict therewith.
11.12 Entire 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 Countemarts.
This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original agreement,
but all of which shall be considered one instrument.
11.14 Amendments. This Agreement may not be amended, modified, altered or
. .
changed in any respect whatsoever, except by further agreement in writing
duly executed by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year first above written.
MERIDIAN:
ATTEST:
Page 11
STATE OF IDAHO)
) ss.
County of Ada )
On this ..3i day of ()&/o ier , 2002, before me, a Notary Public, personally
appeared Robert D. Corrie anc!.~, known or identified to me to be the persons
whose names are subscribecfYb"t1;g\~'¡'{¡lJfi' and foregoing instrument as the Mayor and
1\ø1li1*bCitfClerk, respectively, of the City of Meridian, and who acknowledged to me that they
'--r~'- executed the same for the City of Meridian.
IN WITNESS ~wmRE.Qt, I have hereun
first above written.~~~'~ ,¡.\CE L. J' :"'-
~. \?-""-"""'V~'\
!*~i' ~OT...¡, ....~~~.
. ''¡'. -
5 -.-:::
: þ :... ::
: <I! ltlJL::¿C ;
\;;> i
,'1l'. . ~o~.~
'~OF ID" .~
..................,
BOISE:
~
B' ,
H. t Coles, Mayor
ATTEST:
By:
Its:
City Clerk
STATE OF IDAHO)
) ss.
County of Ada )
On this 5th day of November , 2002, before me, a Notary Public, personally
appeared H. Brent Coles and Aunette Moonev ,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 Boise, and who acknowledged to me that
they executed the same for the City of Boise.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year
first above written.
Notary Public for Idaho
Residing at Nampa , Idaho
My Commission Expires: 6-14-05
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 12
EXHIBIT "A"
(Attach copy of Meridian's Request for Proposals [RFP NO. 02-002] here)
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 13
CITY OF MERIDIAN
August 16, 2002
RFP NO. 02-002
The City of Meridian is requesting proposals f City Prosecutor /
Criminal Legal Services for the City of Meridian. 1rms 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 mârked:
RFP No. 02-002; City Prosecutor/Criminal Legal Services for ~ 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.
proposals must be signed.
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. -
. .
EXHIBIT A
CITY OF MERIDIAN RFP NO. 02-002
The City of Meridian is requesting proposals for City Prosecutor /
Crimdnal 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 propo~al 1~ rece~ved must be
spec~fically marked:
RFP No. 02-002; City Prosecutor/Crimdnal Legal Services for the
Ci ty 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 RlP 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 REP 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 ~endor selection or contract
award is erroneous.
paqe 1 of 5
City of Meridian
RFP No;" 02-002 City Prosecutor I Criminal Leqal services
Award of Contract: It is anticipated that the City will contract with
one person or a firm as needed for fiscal year 2002-03 with the
possibility of continuing one (1) year extension(s). We appreciate
your interest in this project and realize that the development of a
proposal is a costly and time-consuming effort. Please be assured
your proposal will be thoroughly reviewed and evaluated. It is
anticipated that the contract will be awarded effective November 1,
2002.
RFP NO. 02-002
CITY PROSECUTOR/CRIMINAL LEGAL SERVICES FOR THE CITY OF MERIDIAN
PROPOSAL SUBMITTAL REQUIREMENTS
SCOPE OF WORK:
The City of Meridian is soliciting proposals to provide Legal Services
for Criminal Prosecution. The specific proposal submittal
requirements are defined below.
The anticipated services will relate primarily to: General Legal
Municipal Law including but not limited to the following areas of
expertise:
General Criminal Prosecution including but not limited to the
following services:
Prosecution of all infraction and misdem~anor offenses
generated by the Meridian police Department;
Advise Police Chief on all police related issues to include,
but not limited to search and seizure, U.S.C. section
1983, Idaho Public Records law, arrest and other similar
issues to be decided by the Chièf of Police;
Assist other prosecuting agencies, as needed pursuant to any
existing agreements for prosecution services;
Provjde on-site service for legal advice in a method and
manner to be determined with the Chief of Police;
In-Court representation of the City of Meridian on all
criminal "matters;
Any and all other duties as assigned by the Mayor ànd/or
City Council.
Page 2 of 5
. City"of Meciclian
" RFP No. 02-002 City Prosecutor I Criminal Legal SerVtces
I
SUBMITTAL PROCEDURE
A. Date & Location: Written proposal submittals are due on the
16th day of September, 2002 at 4:00 p.m. local time at the office
of the City Clerk. The envelope in which the proposal is
received must be specifically marked:
RFP No. 02-002; City Prosecutor/Cr:i.m:i.nal Legal Services for the
Ci ty of Merid:i.an
and delivered to:
Will Berg
Meridian City Clerk
33 E. Idaho
Meridian, ID 83642
B. Please submit Ten (10) copies of the proposal in a sealed
package and identified as follows:
"SEALED PROPOSAL"
"RFP No. 02-002; City Pro_cutor/Cr:i.m:i.nal. Legal. Services
for the Ci. ty of Merid:i.an"
Ir
PROPOSAL FORMAT
Written proposals must be clear, concise and formatted as outlined
below to allow for consistent and fair evaluation of each submittal.
SECTION :t
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, ~ summary of equipment capabilities such as word processing, FAX
machines, and ability to communicate with the City via E-Mail should
be provided.
Page 3 of S
City 'of Meridian
RFP No. 02-002 City Prosecutor I Criminal Legal Services
SECTION III
Ability to Provide Responsive Services - The services anticipated by
this proposal will, for the most part, be requested on short notice
with tight time frames. Please outline your firm's approach and
commitment for providing the necessary services in a timely fashion.
SECTION IV
Cost for Services - Please provide a description of the proposed
billing methodology which may be a listing of the personnel (type) to
be utilized and the billable rate for each category of staff,a
blended rate, retainer, or some other method.
SECTION V
Description of Prior Experience - Each proposer is requested, without
disclosing client sensitive information, to submit a description of
prior work done in the area of law for which the proposal is submitted
including a description of the preferred method of relating to an
institutional client, type and manner of case referràl, preferred
method of development of case strategy, and historical client cost
infoJ:1t\a.tion.
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
infoJ:1t\a.tion, including alternate retainer agreement language you
believe is important to be noted as a part of the selection process.
This may include alternatives to the services and methods of delivery
proposed by this RFP. Alternatives methods of delivery of services
must be very detailed and specific to be acceptable.
APPENDIX (OPTIONAL)
A.
B.
<:.
D.
Resumes
Brochures
Letters of Recommendation
Other'
paqe 4' of 5
City, of Meridi¡pi ,
RFP No. 02-002 City Prosecutor I Criminal Le'qal Services
III
EVALUATION PROCESS
City staff will review and evaluate the responses received against the
evaluation criteria listed below.
Based on the evaluation of the written proposal by staff, the Contract
will be awarded by the City Council. The City Council has final
approval and award authority regardless of staff recommendations.
A. Evaluation Criteria: The evaluation will be based on the
responses received. The City reserves the right to reject any
and all responses received if it determines that action to be
in its best interest. The following criteria will be
considered in evaluating the responses received:
1. Qualifications and Experience of the Firm: This will
be evaluated based on the breadth and depth of the firm's
recent and relevant experience in the provision of
comparable legal services.
2. Qualifications and Experience of the Individuals Who
will Perform the Work: This will be based on the resumes
and recent relevant experience .of the attorneys who will be
working with the City, especially those senior attorneys
responsible for directing the services and advice provided
to the City.
3. Demonstrated Understanding of the City's Needs:
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 hypothetical cost
estimates provided in response to Section IV.
Page 5 of 5
.City of Meridian
RFP No. 02-002 City Prosecutor I C"riminal Leg¡Ü Services
EXHIBIT "B"
(Attach copy of Boise's Response dated September 16, 2002)
AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES
Page 14
RECETVE:Q..
SEP I G 2002
City of Meridian
City Clerk Officlê
B 0 I 'S E
c 1 '1' Y OF T it ,B'B S
, officeo:fThe
, ,
C(ty Att~~,~ey
~
, RESPONSE, '
" 'i'
RFP No. 02-002
'City Prosecutor/Criminal Legai Services for,
- The City of Meridian -
- ,EX"fSIT,B,
LEGAL DEPARTMENT
SU~N LYNN MIMURA
CITY ATTORNEY
.
BOISE
H. BRENT COLES
M.\YOR
COUNCIL MEMBERS
ClfY of TREES
MtKE WETHERELL
COONCIL PRESIDE>"
M. JEROME MAPP
COUNCIL PRO TEM
VERNON L B'STERfELDT
PAULA B. FORNEY
ION MASON
CAROLYN TERTELING-PAYNE
September 16. 2002
Mr. Will Berg
Meridian City Clerk
33 East Idaho
Meridian, 10 83642
Subject:
RFP 02-002 . City Prosecutor/Criminal Legal Services for Meridian City
Dear Mr. Berg:
Thank-you for the opportunity to submit a proposal in response to MeridiÍU1 City's RFP for City
ProSeœtorICriminal Legal Services. The .Boise City Attorney's office is a full-service municipal .
law firm: Aß the agency responsible for prosecUti.ng misdemeanors and infractions' for the City
of BoiSe, we are lûghly qualified to .provide these services on beha1f of Meridian City as well.
Our office mission is "... to be tQe mode1 public service law fùm and provide lûgh-quality
SCJ;vices to our clients ~d cwito~ers in a manner that is ethical, timely, and responsive,"
Summarv ofF1CDl Exoerience
The Boise City Attorney's office CII1teD.dy haS 22 attorney. positions, 12 legal secretary positions,
and 7 other support positions. Our prosecutOIS and staff' cumndy cover six separate criminal
Magistrate judges' calendaIs - in the same Fourth I udicial District as Meridi¡m. Included as an
appendix to our proposal is a summary of the experience 0( our prosecUtors, paralegals, and legal
secretaries. We have almost 200 years of combined attorney experience. We believe our
experience and expertise would be able to suit your ~ at a competitive cost.
Interest in the Project
The Boise City Attorney's office strives for process improvements and opportunities for growth.
Boise City also values the ability to work cooperatively with its SUlIOunding municipalities.
Both Boise's Police and Lcgal Departments have CIOSS-dcpUtization relationslûps with Meridian.
We have provided backup to Meridian for years. We arc prepared to offer our lûgh-quality
prosecutorial and criminal legal services to Meridian and have the resourees to respond to your
community's needs.
.-..---
CITY "ALL' ISO N. CMITOL BOU.LEVMD . .P.o. BOX 500.' BoISE. IDAHO 431ÒI'()5OO.' 208/384:j870
fAX 208/384-4454 . An Equal Opporrunlt,y Emp/D,yer . www.cltyoCbolse:ors
. . ..0,........._.....0.
Other Information
The Boise City Attorney's office is unique in the way that it provides legal services to its
customers and clients. While most traditional municipal flrffis have staff who perform either
solely criminal or civil legal work, our office is divided into cross-functional teams that perform
both. Six to seven attorneys and three to four legal secretaries are assigned to a team. Working
together, each team not only covers two criminal court calendars, but also provides legal services
to several internal City customers, such as Planning and Development Services, Public Works,
and Police. We believe this diversity in assignments allows us to retain the best-qualified staff
for longer periods of time and keep them actively involved, challenged, and satisfied in their
assignments.
I am excited at the prospect of sharing my staff's talents with Meridian. I want to affinn our
commitment to providing excellent customer service and experience with little disruption.
Unlike many other bidders, we will not need to create protocols, processes, and new software
because these are already in place. Please accept this letter as our interest in this project and this
Request for Proposal as an óutline of our ability to respond and perform.
Sincerely,
~
Boise City Attorney
SMIJdq
i!s-=
Susan LYnn Mimura
Proposer Name
Boise CitY Attorney
Proposer Title
Boise CitY Attorney's Office
Proposer Firm
--",
SIGNATURE PAGE
150 North Caoitoi. Boise ID 83701-0500
Proposer AddrCss .
. 2081384-3870 &208/384-4454
Proposer Telephone.& Fax Numbers
000022175:.8
Federal Tax ID Number
'.
I-
I
]
]
~
..
SECTION II
Available Staff and Eauipment
Available Staff
The Boise City Attorney's office proposes to incorporate Meridian City's criminal prosecution
cases into its existing cross-functional team structure. Currently, there are three attorney/legal
secretary teams that perform criminal prosecution work to cover six criminal court calendars:
. Litigation/Screening Team - The Litigation/Screening team is under the leadership of
Roger Cockerille, a seasoned attorney with over ten years of experience. The team is
responsible for covering the criminal court calendars for both Judge Morden and Judge
WaUåns. Currently, the team has seven attorneys, three legal secretaries, and one police
officer/investigator. The team provides litigation support for the City by providing
assistance to attorneys on other teams who may be handling litigation matters, by
handling litigation assigned in-house, or by overseeing the contracts for litigation handled
by outside legal couni¡el. Its primary custolI!er is the City's Risk Manager, and it
provides civil legal advice and guidance for labor relations, union grievances for both
Police and Fjre, workers' compensation, and collections. This team is also different in
that it performs the screening function for all incoming tickets and citations to determine
whether to file criminal charges.
. ParkslPlanning & Development Team - William L. M, Nary heáds this team with his 17
years of municipal experience. He manages six full-time attomeys and four legal .
secretaries and also oversees a part-time contract attorney. The team handles the criminal
court calendars for Judges Minder and Swain. Its primary customers are the Planning &
Development Services Department, the Parlcs Department, the Lt"brary, and the
Ombudsman.
. Public SafetvÆi1tCmrise Team - With five years of experience in both private and public
sector law, Elisa ~th oversees this team. The team covers the criminal court
calendars for Judge Bieter and Judge Schmid.t. Currently, the team has six attorneýs and
three legal secretaries; however, the office would fill both an attorney and a legal
secretary position upon award of the Meridian City contract. The team's primary
customers include thé Aviation and Transportation, Public Works, Police, and Fire
DePartments. This team also is in charge of helping to create the new Fourth Judicial
District Family Violence Court and integrating that additional court calendar and method
of handling cases into our office.
On each of these teams, the attorneys and SÙpport staffperform both civil and criminal duties.
In addition to the above-mentioned staff: the Boise City Attorney's office also has an
Administrative Support team that"provides support to the office as a whole: Included in that
team's responsibilities are tile file manågement, teception, legal research; and other .
administrative duties. A summary of the experience of our staff is attached as an appendix to
this proposal packet. .
4.
The Boise City Attorney's office proposes to offer civil legal advice and guidance to the
Meridian Police Chief and Meridian Police Department (MPD) by assigning the Public
Safety/Liaison team. In addition to having a dedicated Police liaison attorney who we propose
will be onsite at Meridian's Police Department Building for two days each week, the team will
provide the Chief with 24-hour on-call support seven days a week as well as specialized training
upon request.
Available Eauioment
The Boise City Attòmey's office is a fully automated office. Each staff member has a personal
computer on their desk, and all Pes are upgraded and replaced on a three-year cycle. The
computers are linked to the Citywide network, which uses GroupWise 5 for its calendaring and
messaging. This system also pennits entities and individuals outside the City to communicate
with our staff by e-mail. While most staff currently use the Corel WordPerfect Suite for their
word processing, spreadsheet, and presentation needs, the intent is to have all staffusing
Microsoft Office within the next two years. Our staff utilize PowerPoint presentatiom; for
courtroom exhibits and presentationS. The office also has an automated file management system
which barcodes and tracks files, as well as an automated victim/witness case management system
that prints out victim and witness notificatio~ automatically.
We also contract with Ada County to utilize the AS400, which cuzrentIy provides calendaring
and activity for the Fourth Judicial Court
1
i
co
The office has contracted for electronic research with Westlaw that includes all Idaho databases
(case law, legislative documents, administrative rules; attorney general opiniom;, etc.), as well as
all other sta,te appellate cases. In addition, we have access to. the Ninth Circuit Court of Appeals,
all Idaho federal aLSes,the United States Supreme Court cases, and United States statutes.
J
We also have many other electronic support systems, including facsúni1e riiachiIÍes, printers,and
copiers. .
1
5
SECTION III
Abilitv to Provide ResDonsive Services
The Boise City Attorney's office prides itself for its current prosecutoria1 efforts on behalf of the
City of Boise. Weare prepared to provide the same high-quality prosecution services on
Meridian City's behalf as well. We currently have a cross-deputization relationship with
Meridian and already provide backup and support for legal services, including prosecution of
conflict cases. We are familiar with and understand the Ada County Magistrate Court's systems,
timefrarnes, court clerks, and judges. Integrating Meridian City's workload into our current
practice would be transparent to defendants, attorneys, judges, and the public.
I.
We provide legal services in a unique and distinctive manner - through cross-functional teams.
Everyone on the team practices both civil and criminal work, to some degree. We believe this
diversity in work assignments lu!.s lead to greater job satisfaction and improved the quality of
work produced by our staff. Our office structure and management culture allow for greater
participation, self-direction, and input In addition, the concept of teaming has individual
performers looking at the bigger picture and seeing how their individual actions may affect more
than just themselves~ Where one or two attorneys in a small practice may spread themselves too
thin trying to cOver multiple functions and courtrooms, our teams allow us to better manage and
balance our resOuIces. The çross-functionality ensures thatcvery team rnember has exposure to
knowledge and skills in relevant subjects such as public records.1iability¡ employment law,
federal employment requirements, and contracts. The ~g establishes nonns and . .
consistency in practice among staff so that anyone attorney can look at a file initially prepped by
another attorney and feel comfortable walking into court to handle the t;aSe. . Again, this
increases our ability to. b~ responsive and timely.
We also have a distinct advantage over other fimis because we have access to the Ada. County's
AS400 criminal justice system. This system schedules and tracks the Court's activities by
defendant ~d case. This access permits us to rim reports to ensure that we have the most up-to-
date information on the cases we handle. RathtI' than.relying only upon the trial settings, which
.rove þy mail, our staffhave the ability to immediately look ùp a defendant or a case and
determine whëther something bas changed at their individual desktops and at aworksite in the
Ada County CourthouSe. .
6.
C\
~
*
J
SECTION IV
Cost for Services
As an existing governmental law firm, the Boise City Attorney's office has the ability to offer to
Meridian a flat annual fee to be billed in montWy installments to provide the services described
in this proposal.
Primary Letml Services
Primary prosecutoriallegal services would include:
. Prosecutorial intake screening and review of all police-generated reports and citations
. Timely filing decision and notification back to police and customer,
. Prosecution of inftactions and misdemeanors occurring within the Meridian City limits or
pursuant to the Memorandum of Understanding between MPD and BPD;
. Prosecution on behalf of other prosecuting agencies (conflicts and transferS) involving
MPD, including infractions, misdemeanors, and felony cases;
. Coverage of the new caseload in Family Violence Court.-
Primaiy 'cívillegal advice and guidance to the McridianPolice Chief and MPD would include:
. Access to members of the Public SafetyÆnterprise team for immediate assistanCe 24
hours a day, 7 days a week through cell phone and/or pager under a protocol to be
developed with the M~dian Police Chief; .
. On-sitc legal SeMces by the dedicated assigned Police liaison attorney tWo days each
week; .
. Written responses to Legal Information Requests approved by the Meridian Police Chief;
. . Routine review end approval of the MPD's public reëords requests; . .
. Superior legal training. for Block Training, Advanced Academy, on search and seizure, .
public record requests, and civil liability; .
. . Training 'on other needs (inclJUiing those identified through the screening procesS) by
request of the Meridian P"olice Chief, .
. Regular legal bulletins, includúig Idaho case law, U.S. Supreme Court, and the Ninth
Circuit. .
Basic Victiml\Vitness services would include;
. Timely contact with vi~ (either by telephone or. automated letter notice) by a
victim/witness cooidinator to advise of -victim rights on all required cases;
. Preparation of victims.l~tnesses for 4omestic violence-related cases (domestic assault,
do~estic battery, violation ~fno contact order, violation of proteCtion order, stalking,'
telephone harassment when associated with one -of the preceding, and malicious injury to
'property when associated with one of the preceding) and all cases ~th restitution;
. Coordination and li.aison with prosecutor on the above-mentioned. cases. .
Annual'Cost~$~. . . . Monthiy~~stallment~P~'
. . 7. .. .
Ootional Services
Boise City also is offering two optional services to Meridian:
. On-call victim/witness services (24n) and follow-up for all violent crimes including
sexual assault, rape, and domestic violence-related cases (both felony and misdemeanor)
as described before.
$50lhour + mileage to and from the crime scene, victims' locations, or court
. Juvenile Accountability Services for all juveniles with first-time tobacco and alèoho1
tickets, including two afternoons each week onsite for assessments, initial and exit
interviews, scheduling of education classes and community service, and formal
complaints for the tickets. of those who do not qualify, who fail to complete the program,
or who re-offend within 12 months of the first offense. In order to implement this
. portion, Meridian City only would need to sign over its $11,708 JA¡BG dollars to Boise
City; Boise City would cover the- required match of $1,301.
. v'
FFYOI JAIBG dollars - $11,708*
*Federa1 dollars assigned from Meridian City to Boise City
8
SECTION V
Description of Prior Experience
Prior Exoerience
The Boise City Attorney's office offers tremendous experience in the prosecutorial practice of
law. The overall legal experience of our attorneys ranges from a minimum of 1 year to a
maximum of27 years. Every attorney and every legal secretary in our office has performed
both civil and criminal work. While our criminal practice primarily prosecutes misdemeanors
and infractions, we have 12 attorneys who have prosecuted felony cases. In addition, we
currently have Memorandums. of Agreement with the surrounding agencies to permit our
attorneys to prosecute on behalf of Meridian, Garden City, and Ada County. Therefore, our staff
has continuously provided backup support in prosecuting caSes on behalf of Meridian.
Preferred Method ofRelatine: to an.Institutional Client
Since we already provide support to an "institutional client" (i.e., the State of Idaho in
prosecution cases or the Boise City Council arid Mayor in civilmatters), we are familiar with the
particular requirements for a governmental c;:lient.
For those Meridian citations and reports where prosecution is declined, the Boise City Attorney's
office will issue written notices to the defendants, victims, and the investigating officer as
appropriate. We are prepared to submit a quarterly written report sunimarizing those statistics as
well as to identify training needs and offer written feedback to the Meridian Police Chief on
those needs identified during the screening process (i.e., appropriate report writing, appropriate
investigation, etc.). .' .
While most criminal cases are routine, there may be particular criminal matters that are
consideIed "high profile" because they may be ~f a sensitive JiatUIc and/or have media interest.
There will be times when Meridian's Mayor and CitY Council and/or its Police Chiefneed to be
kept informed about the status and resolution of these types of issues. This office is committed
to reporting on these types of cases in a manner that best suits the needs of Meridian City,
including as-needed telephone calls, monthly or quarterly written reports, and/or Council .
presentations. On more routine criminal cases; the Boise City Attorney's office is willing to
. . track and report the number of M~dian City criminal cases ~t it handles on a monthly basis.
As for oth~ legal advice and guidmÍce to the Meridian: Police Chie~ the Meridian Mayor, and
the Meridian City Council with regard to criminal prosecution matters, the Boise City Attorney's
office will report on a monthly basis the number of hours dedicated to these admiJ:1istriitive
matters and provide a quarterly report summarizing the number and status of outstanding and
closed Legal Information Requests.
9
Type and Manner of Case Referral
Upon execution of the contract, the Boise City Attorney's office would begin providing
prosecutorial services as well as civil/administrative to Meridian City:
. Screening - Boise City has contacted the Ada County Records Manager and can finalize
arrangements to have them deliver all non-arrest, not-cited reports and all citations to the
Boise City Attorney's office along with Boise City's documents. These would be
fOlwarded to the Screening team, where the support staff person would order all the
necessary reports and documents to present a packet to the screening attorney. If needed,
the screening attorney would assign the matter to the screening investigator for further
investigation. Once the packet is complete, the screening attorney would make a decision
and notify Meridian and the involved parties on whether the case will be filed.
. Prosecution of Inftaction and Misdemeanor Cases - Boise City has contacted the Ada
County Clerks and can finalize arrangements so that as soon as the Clerk of the Court
assigns a case number for a Meridian matter and begins setting dates, the court clerks
would route all Meridian cases directly to Boise City. The Meridian cases would be
assigned to the various teams by judge.
. Prosecution on Behalf of Other Prosecuting Agencies - Upon receipt of a written conflict'
letter from another agency on a Meridian City case, the Boise City Attorney's office
would take the necessary steps to transfer the case appropriately.
. Advice to Meridían Police Chief-The civil/administrative support for Meridian Police
Chief would be assigned to the Public SafetylBnterprise team, and a primary Police
liaison attorney would be identified with the Chief's input and approval. The team leader
and primary liaiSon attorney would work directly with the Police Chief to identify the
best m~thod of referring specific issues and matters. The team would provide 24-hour,
7-dAy coverage to the Police Chiefutilizing cell phones and pagers, and the assigned
Police liaison would provide two full days per week of onsite -legal advice at the Meridian
police facility.
.. Advice and Training to Meridian Police Department - Upon receipt of a written Legal
Information Request from the Meridian PoliCe Chief, the Public SafetylBnterprise team
leader would provide a written confinnation assigning an attòrney and describing d1e
scope ofille request, and d1e anticipated due date. "
. In-COurt Representation - The Boise City Attorney's office would cover Meridian's
criminal case matters to d1e same standards as Boise's.
. Any and All Other Duties - Upon receipt of a written Legal Information Request ftorn
the MayOr and/or Meridian'City Council, the Boise City'Attorney would provide a
written confinnation assigning the appropriate attorney, confirming the scope of the
request, and proposing a due date.
10
Preferred Method of DeveloDment of Case Strategv
For most routine criminal cases, the paperwork initially comes to the legal secretary, where it is
organized and made into a case file. The legal secretary also orders any additional items (i.e.,
videotapes, audiotapes, reports, etc.) and then prepares discovery response on behalf of the
handling attorney. The handling attorney then generally reviews the file, perfonns an initial
factual review, requests any additional information, and calculates a proposed offer. On more
complex matters, the handling attorney may seek the advice and guidance of a mentoring
attorney or a team leader.
Historical Client Cost Information
The City of Boise generates and prosecutes the majority of the criminal misdemeanors and
infractions for the Fourth Judicial Magistrate Court. Over the past four years, our office has
provided the following hours in criminal prosecution:
FY-98
15,053
FY-99
18,656
FY-OO
20,874
FY-Ol
22,224
The office has devoted another 15,902 hòurs to criininal prosecution efforts through Jun~ 2002.
Our office also has provided the following hours dedicated to providing civil legal advice and
guidance to the Boise Police Department: .
FY-98
819
FY-99
1,899
FY-OO . FY-Ol
1,601 1,261
.The office has spent another 1,659 hours through June 2002 for providing Police legal services.
In addition, the Boise City AttDmey's Office overall Department expenses over the last four
years have been:
Expenses FY-98 FY-99 FY-OO FY-Ol
Personal Services 1,908,561 2,151,418 2,360,184 . 2,873,624
MOO ~,080 453,365 569,859 1,108,760
Equipment 42,258 35,788 45,346 53,307
Tot!ll 2,359,899 2,640,571 2,975,389 4,035,691.
.11
SECTION VI
Description of Service to the City
As described in this proposal, the Boise City Attorney's office is dedicated to providing bigh-
quality legal services in a manner that is ethical, timely, and responsive. Our cross-functional
approach to law practice is unique and provides intellectual challenge, personal growth, and
better customer service for both the clients and the customers of the office.
Our organizational structure permits us to cover all six of the Magistrate court calendars plus the
new Family Violence Court. We will provide individual, one-on-one .customer service to your
Meridian Police Department.
We pride ourselves oil our work product and our legal services. Our commitment is to
continuous improvement, and so we constantly work on our quality assurance and process
improvement efforts. We work c1oseJy with our customers to ensure they understand the pros
and cons of any particular action to ensure that we avoid unnecessary activities. We also
embrace creativity and ingenuity by rewarding it in the workplace on both an individual and Ìl
team level.
We strive to be professional and ethical in all that we do, and we have high standards to which
we are committed. A3 a govemm.enta1law firm, we understand the concept of being cost-
conscious and recognize that we remain public servants who act for the best interests of the City
as embodied in our Mayor and City Council. We consider that our services. must have value for
our customers, our community, and the taxpayers. We would continue that effort on behalf of
your City as well. .
We are particularly sensitive to concerns l1bout conflicts of interest, and our stàff are routinely
traiIied on ethics and on identifying parties with interests, which are adverse tó the City of Boise.
. Our process can easily be broadened to include. recognition of those issues that are adverse to
Meridian City. In any situation where there may be a conflict between the interests of the two
cities, we are pœpared to utilize one of our existing outside legal counsel contracts to provide
specific courisel for Meridian City. .
12
SECTION VII
Other Information
Boise City already is actively working with the Fourth Judicial Court as it develops its new
Family Violence court. This will be a courtroom dedicated to addressing families with violence
in the home that have both pending criminal and civil cases. While representatives from
Meridian have not been able to join the discussions so far during the development, Boise City is
willing and able to represent Meridian's interests in this new approach as well as staff the new
courtroom that will be required.
Boise City also prides itself on its efforts to develop and track good statistical data that helps
determine whether it is providing the services in the best way possible. We periodically review
our closed cases for both Driving Under the Influence (Dill) and Domestic Violence-related
(DV) charges and develop statistics to evaluate our success in prosecuting these types of cases.
We are proud to note that our conviction rate forDUIs is over 87% and we dismiss fewer than
2% of the cases. On DV cases, we have an overaU conviction rate of77%, with fewer than 23%
of the cases dismissed. We believe this type of statistical information is not only indicative of
the quality service we will provide to your City, but also is vital information that your City can
use in managing this contract.
Boise City offers basic victim/witneSs services as part of its package.. . Our victimlwitness
coordinators serve as a liaison between the victimslwitnesses of crimes and the prosecutors.
They help victims to understand their rights and assist them through the court process. They also
provide victims with short-tenn crisis intervention, long-tenn commuriity resources, and vital
commuriity information to assist them with their assessed and implied needs. This service has
proven invaluable for Boise City, and we expect that it would provide the same benefit to.
Meridian dty as well. .
As an add-on service, Boise City is prepare to offer on-ca1l victim/witness services for both .
misdemeanor and felony domestic violence cases as well as for sexual assault, rape, and other
violent crimes. . After püotiD.g an on-ca1l program for misdemeanor domestic violence cases.
Boise determined that proViding an ousite person who could immediately assist victims with .
crisis intervention and assist officers in their initial investigation was a valuable service. Boise
had already detennine4 that on-call victimlwitness services for felony cases were invaluable in
assisting police to investigat.e violent and.traUItlatic crimes.
As another add-on to its overall prosecuto~ services, Boise City is prepared to provide juvenile
accountability diversion services as well. The Juvenile Accountability Program is a federal
grant-funded program to divert juveniles out of the overburdened crimina1 justice system. . It
offers a unique opportunity for juveniles with first-time tobacco and alcohol violations to dispose
of their citations without going to court. Instead, juveniles and their parents are assessed and
.referred to commuriity resources and edqcation classes. . While a n~ber of the tickets are .
referred to Ada County's Youth Court program (a peer-based diversion process), the remaining
ones are handled in-house. The J A coordinator works with the juvenile and their parents to
ensure that both are equally accountable, œquirj.ng them all to sign a contract agreeing not to use
tobacco, alcohQI,.or illeg¡¡! substances throughout the divèrsion p¡:ocess. The juvet1ile IKÜ!lits
their guilt, and the ticket is held rather than filed. wi~ .the cO~. As part of the diversion, the
13-
. .
juvenile is required to attend substance abuse education classes, perform community service
within the City to give back to the community, and provide a written essay about the experience.
If there is a need, the juvenile and his parents are referred to other community resources, such as
counseling. If a juvenile fails to complete all the requirements of the diversion or re-offends
within one year, then the citation is filed with the Court.
According to the Association of Idaho Cities (Ale), Meridian City had submitted an Intent to
Use form; however, your City had not submitted the necessary follow-up paperwork to accept
the grant by the necessary deadline. Our conversations with AlC indicate that despite the delay,
if Meridian immediately signs a waiver to "pass through" their assigned JAlBG funds to Boise
City, we can begin handling cases on your behalf as proposed here.
Both of these options are ongoing services that our office already provides to its current
customers and can easily incorporate into the services that Meridian could use.
14
APPENDIX A
Staff Oualifications
Public SafetvlLiaison Team
Elisa G. Massoth, Assistant City Attorneyrream Leader
J.D., University ofIdaho College of Law, May 1997
Assistant City Attorneyrream Leader, Boise City Attorney's Office, April 200 I-Present
Attorney, Moffatt Thomas, May 2000-April200 1
Assistant City Attorney, Boise City Attorney's Office, Apri11998-May 2000
District Court Law Clerk, Honorable Judge Horton, August 1997-Apri11998
Judicial Advisor, U ofI Student Advisory Services, August 1996-May 1997
Legal Intern, Oregon Coalition Against Domestic & Sexual Violence, June 1995-July 1995
Paul J. Fitzer, Assistant City Attomey.
J.D., Southern Methodist University School of Law, May 1997 .
. Assistant City Attorney, Boise City Attomey's Office, April 1998-Present
Legal Intern, Ada County Prosecuting AttomCy's Office, May 1997-January 1998
Legal Extern. U.S. Environmental Protection Agency, Summer/FaIl1996.
Legal Extern. U.S. District Court - Northem Dis1rict ofTcxas; Summer 1995
Janet K.crisett, Legal Secretary
Legal SeCretary, Bôise City Attorney's Offi~ July 2001-Present
.. .
Jill B. Musser, Assistant City AttomeylBPD Legal Advisor
J.D., Wasliington University School ofUw, 1990
. Assistant City Attorney, Boise City AttomCy's Office, Febnwy 1996-Present .
Deputy Prosecuting Attorney, Ada County Prosecutor's Office, August 1990-Novcmber 1994
Volunteer Intern. King County Prosecuting Attorney's Office, Summer 1989
Urban Law Program. Washington University School of Law, Spring 1990
Marlene Notbling, Legal Secretary
. Legal Secretary, BoiSe City Attorney's Office, 2001-Present.
Senior Customer Specialist, Pcop1cFirstCom, 2001 .
ParaLegal, Collection House (Australia), 1996-2000
ParaLegal, Jones .King Lawyers (Australia), 1993-1996
Douglas K. Strickling, Assistant City Attorney
J.D., UniversityofIdaho, 1984
. Assistant City Attorney, Boise City Attornets offiCè, 19M-Present. .
15
. ,
Alison Stieglitz Tate, Assistant City Attorney
J.D., University ofIdaho, 1995
Assistant City Attorney, Boise City Attorney's Office, February 2002-Present
Prosecuting Attorney, Garden City, October 2000-February 2002
Deputy Attorney General, State ofIdaho, October 1998-0ctober 2000
Associate, Gordon Law Offices, October 1997-0ctober 1998
Deputy Public Defender, Ada County Public Defender's Office, June 1996-0ctober 1997 .
Law Clerk, Honorable Thomas F. Neville, June 1995-June 1996
Michelle Eisenbeiss- Taylor, Legal Secretary
Legal Secretary, Boise City Attorney's Office, 1993-Present
SecretarylReceptionist, Hoff Forest Products, 1989-1993
Matt Wilde, Assistant City Attorney
Assistant City Attorney, Boise City Attorney's Office. August 1996-Present
ParkslPlanninl! & Develooment Team
William L. oM Nary, ASsistant City AttorneylTeamLcader
J.D., University ofIdaho, 1985
As$istant City Attomey, Boise City Attorney's Office. 1989-Present
Partner,Ambrose Fitzgerald & Crøokston. 1985-1989-
Pro~tor, Meridian City, 1985-1989
Ted Baird, Assistant City Attorney
J.DJMB~, Wi11amette University, 1988 0
Assístant City Attorney, BoiSe City AU9mCY's Office. ~ 2000-Present
Associate Attorney, Ramis & Crew Law Firm, September 1994-July 1996
Assistant City Attorney, City ofBeavertan, Janwuy 1993-8cptember 1994 0
Assistant City Attorney, Boise City Attorney's Office,-February 1991-January 1993
Associate Attorney, ytuni Rose Law Firm, July 198B-July 1990 0 0
Emily Kane, Assistant City Attomey
0 0
J.D. & Environmental & Natural Resource Law Certificate, Northwestern School of Law of
Lewis & Clark College, 2000 0
Assistant City Attorney, Boise City Attorney's Office. September2001-Present
Judicial Clerk, The Honorable Daniel Meehl, June 2009-September 2001
Legal Intern, °DeParlment of Interior-Indian Law Section. May 1999-August 1999 0
Legal Intern, Lewis & Clark Legal Clinic, August 1999-December 1999
Law Clerk, Schroeder Law Offices, May 199B-Apri11999 0
16
R. Stephen Rutherford, Assistant City Attorney
J.D., University of Idaho College of Law, 1996
Assistant City Attorney, Boise City Attorney's Office, November 1999-Present
Meridian Prosecuting Attorney, White, Peterson, Pruss, Morrow & Gigray, August 1998-
November 1999
Public Defender, Ada County Public Defender's Office, September 1996-August 1998
Teresa Sobotka, Assistant City Attorney
J.D., University ofIdaho, 1987
Assistant City Attorney, Boise City Attorney's Office, 1993-Present
Prosecutor, Garden City, 1992-1993
Special Prosecutor, AdalElmorelPayette/Idaho/CanyonlGemIW ashingtonl AdamsN alley
Counties, 1989-1992 .
Deputy Attorney General, State ofIdaho Attorney General's Office (H&W), 1987-1991
Mary Watson Tyree, Assistant Citr. Attorney
Assistant City Attorney, Boise City Attorney's Office. 200l-Present
James F. Wickham, Assistant City Attornèy
J.D., University of Califomia, Hastings College of Law; 1974
Assistint City Attorney, Boise City Attorney's Office, October 1988-Present
Associate, Harris & Sutton,.March 1987-Septeàiber 1988
Deputy Attorney General, State ofIdaho Attorney General's Office (H&W),
November 1980-February 1987 .
Attorney, Private General Practice. February i979-ûctober 1980
Assistant Attorney General, State of Idaho Attorney General's Office (H& W),
Sep~berI975~anwuyI979
Law Clerk, Rhodes & Sherrod, June 1973-}4ay J974
Litil!8tionlScreeninl! Team
Roger E. Cockeñlle, Assistant City Attorneyfl'eam Leader
J.D., University of Wyoming College of Law, 1992
Assistant City Attorney, Boise City Attorney's Office, 1997-Present
Associate, Lathrop & Rudedge, 1993-1996
Law Clerk, U.S. District Court - Wyoming, 1992-1993
Student DirectOr, Prosecution Assistance Clinic, 1991-1992
17
, .
Rondee Blessing, Assistant City Attorney
J.D., University of Idaho College of Law, May 1998
Assistant City Attorney, Boise City Attorney's Office, January 2000-Present
Law Clerk, The Honorable Daniel T. Eismann, August 1998-December 1999
Student Prosecutor, University of Idaho Student Advisory Services, August 1997-May 1998
Law Clerk, Manweiler, Bevis & Cameron, May 1997-August 1997
Kevin Borger, Assistant City Attorney
J.D., Washburn University of Topeka, 1986
Assistant City Attorney, Boise City Attorney's Office, 1991.Present
Attorney, Solo Practitioner, 1988-1991
Associate Attorney, Meuleman & Miller, 1986-1988
James Scott Dowdy, Assistant City Attorney
J.D., University of South Dakota, School of Law, "1999
Assistant City Attorney, Boise City Attorney's Office. July 20Q0-Present
judicial Law Clerk, The Honorable Nathan Higer, August 1999-July 2000
Legal Jntem, Moscow City Attorney, Januaiy 1999-ApriI 1999
Extern, Office of the U.S. Attorney <Jeneral- Idaho, May 1998-July 1998
Randall S. Grove, Assistant City Attorney
J.D.. Ùniversity of Washington School of Law, 1991
Assistant City Attorney, Boise City Attorney's Office, 1997-Present
. Deputy Prosecuting Attorney, Canyon County Prosecuting Attorney's Office, 1994-1997
Deputy Prosecuting Attorn~, Ada County Prosecutor's Office. 1991-1994
Legal Intern, U.S. Attorney-Washington, 1990 '
Scott B. Muir, Assistant City'Attorney
J.D.. University ofIdaho, College of Law, 1990
Assistant City Attorney, Boise City Attorney's Office. Januaiy 2001-Present
Deputy Attorney.General, State of Idaho Attorney General's Office (Finance),
September 1997-Januaiy 2001
Deputy Attorney General, State ofIdaho Attorney General's Office (Insurance),
January 1996-September 1997 .
Attorney, Quane, Smith, Howard & Hull, June 199û-January 1996
J. Paige Wilkins, Assistant City Attorney ,
J.D., University ofIdaho; College of Law, 2000
, Assistant City Attorney, Boise City Attorney's Ofti.ce, October 2000-Present
Appellate Clinic Interi1, University ofIdaho Legal Aid,Clinic, 1999-2000
Extern; The Honorable Jim D..Pappas, Summer ,1999, '
18
Administrative Team
Michelle Albertson, Paralegal
Legal Assistant Certification, 2001
Paralegal, Boise City Attorney's Office, May 2002-Present
Legal Secretary, Boise City Attorney's Office, December I 997-May 2002
Senior Secretary/Accounting Specialist, Boise Fire Department, August 1991-December
1997
Secretary WCourt Clerk I, Chandler City Court, April 1986-June 1991
Legal Secretary, Whipple & Byington Law Office, June 1982-March 1986
Debbie G. Allen, Paralegal
ADPS, The Paralegal Institute, 1998
Paralegal, Boise City Attorney's Office, December 1999-Present
Paralegal, Department of Environmental Quality, March 1998-December 1999
Admini~trative Legal Assistant, Department ofHea1th & Human Services; October 1997-
March 1998 .
H\ÌII1an Resources Associate, Montana State Fund, March 1997-0ctober1997
Paralegal, Wewer Law Firm, September 1996-March 1997
Administrative AssistantlParalegal, Federal Defenders of Montana, September 1993-
Septemberl~6 . .
Administrative Assistant IT, Montana Depiu1ment ofR.evenue, April 1990-September 1993
Office ManagerlLegal Secretary, O'Brien Law Office, May 1985-April1990 .
Legal SecretarylBoolçkeeper, McClain & DoWdall, November 1984-May 1985
Legal Secretary /Bookkeeper, Morales, Volinkaty & HaIr, March 1979-November 1984
Legal Secretary, Tipp, Hoven & Skjelse~ February 1978-February 1979
. 19
~ .
APPENDIX B
Memorandum re!!ardin!! JAIBG Funds for Meridian
20.
September 13, 2002
Tn:
Matthew Hayncs, Juvcnile Accountability Coordinator, City of Boise
City of Meridian
From: Juslin Oliver Ruen. Association ofldaho Cities
Re:
2001 Juvenile Accountability Incentive Block Grant
'rho purpo:re ofrhis memo is to s\lmmarize conversations 1 have had with Allan Miller of
the Department of 1uvenile Corrections (Ole) concerning the possibility of the City of
Meridian waiving dick 2001 JATßG funds to the City oflloise for ajuvenile
accountability pi'oglam. Miller said that such a waiver could still be accomplished for the
2001 grant. and that DIC would encourage such an arrangement so that the funds aro
\Itiliz~d, Thð City or Meridian will need to complete a waiver form, which must
subsequently be aCÇt'pted by the City oflloise.
If you have any further questions, do not hesilate to sive me a call.