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Legal Service - 2014 - Prosecutorial / Criminal Legal Services - 10/21/2014
EXHIBIT "A" AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES This Agreement for City Prosecutor/Criminal Legal Services (hereinafter referred to as "Agreement") is made this a I S day of ©C-b er , 2014, by and between the City of Eagle, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "Eagle"), 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 A. Pursuant to Idaho Code § 50-204 and Eagle City Code § 1-6B-1, on July 29, 2014, Eagle requested the submission of proposals from qualified firms to provide certain city prosecution services to Eagle. A copy of Eagle's Request for Proposals is attached hereto as Exhibit "A" and is incorporated in full herein and is made a part of this Agreement by this reference. B. In response to Eagle's request for proposals, Boise, through the office of the Boise City Attorney, submitted its Response dated August 15, 2014, 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. C. The Interim City Attorney supplemented Exhibit `B" on September 25, 2014, with correspondence to the Mayor which is attached hereto, as Exhibit "C". AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 1 D. Among the proposals received in response to Eagle's request for proposals as set forth above, Eagle has deemed the proposal submitted by Boise as the most advantageous to the best interests of Eagle. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound thereby, Eagle and Boise covenant and agree as follows: 1. INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are contractual and binding and are incorporated herein as if set forth in full. 2. DEFINITIONS. In addition to any other definitions set forth in this Agreement, for all purposes of this Agreement the following terms are defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "Fiscal Year" means and refers to Eagle's fiscal year, now beginning October 1st and ending September 30th of each calendar year, as provided by State law, and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for Eagle. 2.2 EPD means and refers to the Eagle Police Department. 2.3 "Primary Legal Services" means and refers to all the following: 2.3.1 Legal services necessary to prosecute all misdemeanor and infraction violations of the Idaho State Code and of the City Code of the City of Eagle, for incidents occurring within the corporate limits of the City of Eagle or pursuant to the Memorandum of AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 2 Understanding between Ada County Sherriff and the Boise Police Department; 2.3.2 Prosecutorial intake review of all police-generated reports and citations, the timely filing of decisions thereon, and notification of decisions to EPD on a bi-weekly basis; 2.3.3 Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving EPD concerning infractions and misdemeanors; 2.3.4 Coverage of Eagle's caseload in specialty courts for Ada County in the Fourth Judicial District, such as Ada County DUI Court or Domestic Violence Court; 2.3.5 Providing civil legal advice and guidance to the Eagle Police Chief and EPD as described and set forth in Exhibits A and B; 2.3.6 Providing access to members of the Boise City Attorney's Office for immediate on-call assistance 24 hours a day, 7 days a week via cell phone and in person as needed under a protocol to be developed with the Eagle Police Chief; 2.3.7 Providing legal services through Boise's assigned police liaison attorney (as approved by the Eagle Chief of Police) at the EPD facility during normal business hours at such times as determined by the Eagle Police Chief and consistent with Exhibit B; AGREEMENT FOR CITY PROSECUTOR/CR=IMINAL LEGAL SERVICES Page 3 2.3.8 Providing prompt written responses to requests for legal information related to prosecution by the Eagle Police Chief, his designee, or from Eagle's Mayor or City Council; 2.3.9 Routine review and approval of all public records requests received by the EPD (or received by Eagle concerning police matters) which are not being handled by the Ada County Sheriff's Office; 2.3.10 Providing Eagle with legal advice on issues such as search and seizure, public record request, and civil liability related to the enforcement practices of EPD and prosecution of Eagle cases; 2.3.11 Providing further training of EPD personnel on other needs (including those identified through the screening process) as requested by the Eagle Police Chief; 2.3.12 Providing EPD with regular legal bulletins, including relevant Idaho, U.S. Supreme Court, and the Ninth Circuit case law and decisions; 2.3.13 Providing victim/witness services in criminal misdemeanors in compliance with Idaho law, including timely contact with victims (either by telephone or automated letter notice), 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 AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 4 associated with one of the preceding), attendance at court, and coordination with the assigned prosecutor on the above-mentioned cases; 2.3.14 For defendants sentenced to probation (either supervised or unsupervised) in a case originating from Eagle, Boise shall take appropriate action when the terms of probation are not being complied with (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; 2.3.15 Providing all other services as set forth in the Response submitted by Boise (Exhibit `B"). 3. SERVICES PROVIDED BY BOISE. Pursuant to the terms of this Agreement, Boise is hereby appointed by Eagle to perform all Prosecution Services for Eagle. 4. PAYMENT FOR SERVICES. Eagle agrees to pay Boise for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Prosecution Services, Eagle shall pay Boise the total sum of four thousand nine hundred sixteen and 67/100ths dollars ($4,916.67) per month, which is inclusive of all monthly expenses incurred by Boise in performing the prosecution services. 4.1.1 Payment for Prosecution Services shall be paid by Eagle to Boise on or before the 20th day of the following month. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 5 5. TERMS. The term of this Agreement shall commence October 13, 2014, and shall continue until the end of Eagle's current Fiscal Year, September 30, 2015, subject to renewal or extension as set forth in this Agreement. 6. REPRESENTATIONS AND WARRANTIES OF BOISE. Boise represents and warrants to Eagle as follows: 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 Agreement. Boise acknowledges that this Agreement shall not be interpreted to limit Eagle's authority to retain the services of outside legal counsel to perform any legal services other than Prosecution Services, whether as a result of Eagle'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: Coverage Limits of Liability Workman's Compensation Statutory limits Employer's Liability $1,000,000.00 General Liability (bodily injury and/or property damage) $500,000.00 Automobile bodily injury and/or property damage liability (combined single limit) $500,000.00 AGREEMENT FOR CITY-PROSECUTOR/CRIMINAL LEGAL SERVICES Page 6 Notwithstanding the cause of action, the liability of Boise is at all times herein strictly limited and controlled by the provisions of the Idaho Tort Claims Act, as now or hereinafter amended. Nothing herein shall be deemed a waiver of any privilege, immunity, protection or defense afforded to Boise as a political subdivision of the State of Idaho, under the Idaho Constitution, the Idaho Tort Claims Act, or any other applicable law. 8. INDEMNIFICATION. Boise shall indemnify and hold Eagle, 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 Eagle or its representatives arising out of the intentional act, negligence, or omission of Boise or its employees, agents, or representatives. 9. POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties may mutually agree to renew or extend the term of this Agreement; however, any such renewal or extension must be in writing. 10. TERMINATION. This agreement may be terminated upon mutual agreement of the parties upon 90 days written notice. Eagle shall also have the right to remove Boise's appointment as Eagle'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, Eagle shall remain responsible to pay Boise for all services provided through the date of termination pursuant to the terms of this Agreement. 11. INDEPENDENT CONTRACTOR RELATIONSHIP. The parties agree that Boise is an independent contractor of Eagle, is in no way an employee of Eagle and is not AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 7 entitled to workers compensation or any benefit of employment with Eagle. Eagle shall have no control over the performance of this Agreement by Boise or its employees, except as herein described. 12. GENERAL PROVISIONS. 12.1 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 attorney's 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. 12.2 Binding Effect. This Agreement shall be binding upon the heirs, estates, personal representatives, successors, and assigns of the parties. 12.3 Choice of Law. This Agreement will be interpreted in accordance with the laws and statutes of the State of Idaho. 12.4 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 Eagle: Jim Reynolds, Mayor Eagle City Hall 660 E. Civic Lane Eagle, Idaho 83636 AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 8 Notice to Boise: Boise City Attorney City Hall 150 N. Capitol Boulevard P. O. Box 500 Boise, Idaho 83701-0500 12.5 Paragraph 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. 12.6 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. 12.7 Time. Time is declared to be of the essence to this Agreement. 12.8 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power, or privilege under this Agreement or the documents referenced in this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of 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 9 12.9 No Assignment by Boise. Boise shall not sell, assign, or transfer all or any portion of its interest in this Agreement at any time. 12.10 Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to its subject matter, and constitutes (along with the other documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. 12.11 Execution and Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original agreement, but all of which shall be considered one instrument. 12.12 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 on this afal-clay of j.___ , 2014. CITY OF EAGLE B / Jim Reyn Ids, Mayor °•, I-,��A ATTEST: • . . 3 0/0 s BY: . /I • .l■ 111"!■;... , -' rk‘ " p : City Clerk S� '5.....e.. `Q�'�•• T>TE 0 ,,•, AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 10 CITY OF BOISE Mayor D. 'd : eter ATTEST: ./r BY: Ex-Offici• / City Clerk AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Paw 11 EXHIBIT A CITY OF EAGLE,IDAHO REQUEST FOR PROPOSAL FOR PROSECUTION SERVICES TO: LICENSED IDAHO ATTORNEY'S INTRODUCTION You are hereby invited to provide a proposal to provide contract prosecution services for the City of Eagle,Ada County,Idaho. The proposal may provide for a flat monthly fee, an hourly rate,or a combination of the two. The proposal shall contain the name and a detailed summary of the experience of all attorneys that will be providing legal services pursuant to the proposal. The contract will be terminable at will by either party. The City will award the contract based on its sole judgment as to which proposal best meets its needs. The proposed flat monthly fee and/or hourly rate will be a factor considered by the City in awarding the contract,but will not necessarily be determinative. Other factors which will be considered include, but are not limited to,the skill, experience and reputation of the attorney(s),the nature of the proposal,the likelihood of conflicts of interest, and the City's assessment of which attorney(s) is/are most likely to develop a positive and professional relationship with City officials and staff. PROSECUTION SERVICES Minimum Qualification: Licensed to practice law in the State of Idaho. Experience prosecuting misdemeanor and infraction offenses is required for all attorneys within the firm that will be providing the prosecution services. Experience with municipal civil matters is preferred. Services Requested/Qualifications: The City Prosecutor shall serve, under the title of Eagle City Prosecutor,as criminal prosecutor for the City and will represent the City in the following matters and provide the following services: 1. Provide legal representation on all infraction and criminal matters including,but not limited to,preparing for and appearing at court at arraignments,pretrial hearings,motion hearings,and evidentiary hearings and drafting and assisting Eagle Police Officers in obtaining search warrants,responding to crime scenes when necessary,and prosecuting court and jury trials and appeals to the District Court.Prosecutor will work cooperatively with the Police Department in carrying out prosecutorial duties.Prosecutor has prosecutorial discretion over all criminal matters,including how a case or matter should be resolved. 2. Legal research and legal consultation for the City of Eagle Police Department. 3. Review all public records requests and consult with the Police Department in preparing the appropriate response (under the Idaho Public Records Act) to the person requesting the rec- ord. The review must be timely completed to facilitate staff being able to respond within re-ported time periods 4. Accept electronic transmission of police reports and other documents or files electronically,including but not limited to,digital photos, emails,digital audio recordings,and various other electronic files. Page lof 4 5. Accept faxes and emails from the Eagle Police Department,opposing attorneys, and other agencies. 6. Must return Eagle Police Department personnel phone calls immediately if possible,but within the same business day for urgent issues,and within one(1) business day for non-urgent issues unless previous notification and arrangements have been made. 7. Perform all discovery functions necessary in accordance with Idaho Criminal Codes.The Ea gle Police Department will provide materials to the City Prosecutor,who will in turn copy those materials and distribute as required. The Eagle Police Department will not directly provide any discovery materials to any defendants,defense attorneys,victims,suspects,or other interested parties. 8. The City Prosecutor,or a designated representative,must be present if a defense attorney will be viewing evidence retained in the property room. Appoint ments are required and must be scheduled at least two days in advance. 9. If the City Prosecutor will be unavailable for any period of time,he/she must designate a backup attorney to cover the responsibilities during his/her absence. 10. If evidence needs to be tested,notify the Eagle Police Department as soon as possible. 11. Be physically present at the Police Department at least 2X monthly to answer any questions by officers and attend patrol meetings when requested. 12.Provide guidance and support for ongoing misdemeanor investigations to include coordinating with the detectives. 13. Enter into agreements and review all contracts with confidential informants on misdemeanor cases. 14. Be present in the Court at all arraignments including statutory arraignments for NCO violations,DV batteries and assaults,2"d offense and excessive DUI's and be prepared to make bond and condition recommendations 15. Prepare and prosecute all violations of probation for both supervised and unsupervised probations. 16. Gather judgments for prior convictions for external agencies for use in prosecution of enhanced crimes. 17.Timely process evidence distribution and destruction requests. 18. Be physically present in court during scheduled city days. 19. The City will be advised in advance of any trial or expert expenses and witness mileage requests and reimburses any trial or expert expenses and any requests for mileage for witnesses. 20.If a conflict of interest arises with the contracted city attorney,the prosecuting attorney may serve as conflict counsel at the request of the City Council. 21.Review all criminal histories and amend charges to enhanced offenses if record supports. 22. Assist Eagle PD in reviewing,drafting,and updating applicable city codes Page 2of 4 23.Coordinate with external agencies for defendants with city and county or city and felony causes. 24.Screen all defendants in advance of arraignments for potential entrance to diversion. 25.Coordinate delivery of service when an external agency officer is involved. 26.Draft and file all necessary subpoenas. Deliver all in county subpoenas to Ada County Sheriffs Office. Prepare appropriate documents and coordinate out of county service. 27. Screen defendants for withheld judgments and appear at motion hearing for dismissals. 28.Meet with victims in Ada County and provide all constitutionally mandated victim services. 29. Draft all necessary motions in accordance with Idaho Criminal Rules. 30.Draft and file all requested criminal complaints. All parties responding to the RFP must designate a primary attorney responsible for the contract performance and must also identify one attorney as the City Prosecutor. T his lawyer must appear at the Ada County Courthouse on an ongoing basis.The City Prosecutor must have prior work experience in criminal law. Prior experience as a prosecutor is strongly preferred. The contractor must provide continuity of representation while at the same time ensuring effective back up coverage. Any lawyer who may be called on as a back-up attorney must have current awareness of the City of Eagle ordinances,police policies/procedures,and court rules so that he/she is fully prepared to provide prosecution services in the event of an unanticipated absence. The Contractor must ensure the availability of attorneys and support staff is consistent with efficient delivery of prosecution services, including coverage for regular vacations.T he contractor needs to be able to involve more than one attorney in the delivery of prosecution services if efficient case management so requires. Costs: The Attorney will be an independent contractor and shall bear the costs associated with professional licensure,professional malpractice insurance, general liability and worker's compensation insurance,taxes,research tools and the incidental costs of operation of the Attorney's office. The proposal shall provide a detailed summary of all extraordinary expenses that will not be included in the hourly or monthly rate proposed. Proposal Modification and Clarifications:The City of Eagle will not reimburse any respondents for the RFP or for any costs associated with the preparation and submission of proposals or for attendance at subsequent interviews. Furthermore, this RFP does not obligate the City of Eagle to accept or contract for any express or implied services.The City of Eagle reserves the right to negotiate regarding the terms and compensation for any proposal and the right to request any respondent to clarify their response or to supply any additional material deemed necessary to assist in the evaluation,and to modify or alter any or all of the requirements herein. Page 3of 4 Submission Procedures: 1. Written proposals in response to this RFP will be accepted at Eagle City Hall, City Clerk's Office,660 E.Civic Lane,P.O.Box 1520,Eagle, Idaho 83616,until 5:00 p.m.,Friday,August 15,2014. 2. Applicants are responsible for submitting their proposals to the appropriate location at or prior to the time indicated in the specifications. No proposal will be accepted after the designated time or date indicated in the proposed specifications. No exceptions. 3. Submittals shall include six(6)complete sets of proposals and one(I)CD containing an electronic version of the same. Proposals are to be sealed in an envelope/package and clearly marked"Proposal for Prosecution Services". 4. Standard company brochures and literature can be submitted as separate documents,but should not be bound as part of the proposal. 5. Submittals shall include the Attorney's Idaho bar license number,and must disclose any complaints or discipline actions taken against any of the attorneys proposed to be providing prosecutorial services. 6. Questions that arise as a result of this RFP must be addressed to: Eagle City Hall City Clerk's Office 660 E. Civic Lane Eagle,Id 83636 Phone: (208)939-6813 E-mail: eaglecity @cityofeagle.org Dat this 29th day of July,2014 Tracy E. sborn, Sr.Deputy City Clerk for the City of Eagle 660 E. Civic Lane Eagle,Idaho 83616 Page 4of 4 EXHIBIT B tti Igo, 0 niaV Boise City Attorney's Office R.Stephen Rutherford Interim Cily Attorney Boise City Hall August 15,2014 150 N.Capitol Boulevard Mailing Address Sharon K. Bergmann P.O.Box 500 Boise,Idaho 83701-0500 City Clerk's Office Mayor and Council 660 E.Civic Lane Phone Eagle, 208/384-3870 g ID 83616 Fax/3s. 4454 RE: RFP for City of Eagle Prosecution Services TDD/TTY Ms. Bergmann, 800/377-3529 Web Thank o www.cityct6oise.arg an you for the opportunity to submit a proposal in response to the City of Eagle's RFP for prosecution services. The Boise City Attorney's Office is a full-service Mayor municipal law firm responsible for the prosecution of misdemeanors and infractions David H.Bieer for cities of Boise and Meridian. The lawyers and staff of the Boise City Attorney's City Council Office are highly qualified to provide the same prosecution services and police legal President advice to the City of Eagle's Police Department. Maryonne Jordan Council Pro Tem We value our ability to work cooperatively with neighboring municipalities and we David Eberle strive to be professional and ethical in all that we do. Attorneys and staff enjoy Elaine Clegg working closely with our clients and providing first class customer service. Lauren Mclean Tn��ntana The Boise City Attorney's Office is well positioned to provide exceptional prosecutorial and police advice services to the City of Eagle. Please review the attached response for a more detailed discussion of our services. Sincerely, R.Stephen Rutherford Interim Boise City Attorney An Equal C000 t niy Empby,r L. 6 Prinbd on r'tydld par. PART I. QUALIFICATIONS The Boise City Attorney's Office is made up of 28 attorneys, 21 support staff and one part-time victim witness coordinator. We are a full-service law firm providing advice on every aspect of civil and criminal municipal law. The Boise City Attorney's Office is responsible for the prosecution of about 30,000 criminal cases per year. Roughly 20 of the attorneys in the office are primarily engaged in prosecuting misdemeanors, infractions and felony conflict cases.These attorneys also provide legal advice and training to the Boise and Meridian Police Departments.Our prosecutors range in experience from less than one year to more than twenty five years. Because almost all of our attorneys have handled a criminal caseload,our newer prosecutors have plenty of seasoned attorneys to trouble-shoot cases with. Our attorneys handle every type of criminal hearing scheduled on Boise and Meridian cases. For this reason, attorneys are assigned to one of eight magistrate courtrooms every day. Prosecutors cover all manner of hearings, trials, and arraignments including specialty courts for domestic violence and DUI cases. We also have a team of four attorneys who review police reports from the Boise and Meridian Police Departments to make charging decisions. Each of our prosecutors is equipped with a laptop computer they can use in court to access the office's criminal case management system to track our cases (JustWare). The JustWare case management system houses all of the information regarding our criminal cases and is used by prosecutors and staff to receive and store police reports and any supplemental evidence/information electronically, deliver and track subpoenas and send discovery to defense attorneys. In court, prosecutors have access via JustWare to police reports,witness statements, photos, audio recordings and video relevant to the case. Having all of this information available to them digitally in the courtroom makes our prosecutors very efficient. The Justware case management system is also very useful for providing important statistical information about our cases. Please reference the attached reports to see the type of statistical information that the Boise City Attorney's Office is able to provide on a regular basis as part of the contract. This information could also include screening decisions and disposition of cases. PART II. ABILITY TO PROVIDE RESPONSIVE SERVICE A. PROSECUTORIAL SERVICES The Boise City Attorney's Office prides itself on the level of service we currently provide to the cities of Boise and Meridian. We are prepared to offer the same high-quality level of service to the City of Eagle. We understand the Ada County Magistrate Court system, timeframes, court clerks and judges. Integrating the City of Eagle's workload into our current practices and style of prosecution would be transparent to defendants, criminal defense attorneys, the Ada County Public Defender's Officer,judges and the public. The Boise City Attorney's Office will provide substantially all of the prosecution services detailed in the City of Eagle's Request for Proposal and will coordinate efforts with other police or prosecution agencies when necessary. Because we do not offer a diversion program, we are unable to screen defendants for possible placement in such a program. This office offers the City of Eagle many benefits that contracting with a civil firm would not. First,our prosecutors are well trained,well supported and do this work every BOISE CITY ATTORNEY RESPONSE TO REQUEST FOR PROPOSAL PAGE 2 day. Second, the office currently has electronic access to the I.S.T.A.R.S. criminal court system as maintained by the Idaho Supreme Court, the Idaho Department of Transportation records, and the national criminal index (NCIC) provided by the FBI. With these tools, our prosecutors are able to prepare for court and provide the court with all necessary information about a criminal defendant for the purposes of sentencing or setting their bond.The office also has a prosecutor on the Supreme Court Technology Committee, responsible for the implementation of a new criminal information system. This new system will enable the Boise City Attorney's Office to file charges electronically and will allow us to move closer to a paperless environment. For more than a year, the office has provided discovery to defense attorneys and the Ada County Public Defender's Office electronically. NOTE: We currently do not send a prosecutor to court on the weekends to read probable cause on our misdemeanor arrested cases. Rather, officers from the Boise and Meridian Police Departments submit sworn affidavits to establish probable cause. Because the Eagle Police Department will require an on call attorney to respond on the weekend to read probable cause for misdemeanor arrested cases, our proposal includes an increased cost in the total bid for prosecution services. B. VICTIM SERVICES Our office currently has a well-functioning victim witness program which can assist in meeting the needs of victims in Eagle City cases. We have an experienced victim witness coordinator on staff who is housed at the F.A.C.E.S.family justice center in downtown Boise and who will provide victim services for the City of Eagle's cases. She serves as a liaison between victims or witnesses to crimes and our prosecutors. She assists victims with understanding their constitutional rights and navigating the criminal justice system. She provides victims with short term crisis intervention and long term community resources. Our prosecutors also have an excellent working relationship with the victim witness coordinators from the Boise and Meridian Police Departments, and they are available to assist when necessary. Our prosecutors are accustomed to working closely with all of the victim coordinators to provide excellent service to crime victims. C. POLICE LEGAL ADVICE In addition to prosecution and victim services, the Boise City Attorney's Office can offer civil police advice and guidance to the Eagle Police Department. We have a dedicated team of attorneys, known as the Police Advice Team (PAT),who will rotate being on site at the Department at least once per week or as needed. The attorney on site will assist the Department with any issues regarding active investigations, review any public records requests and/or weapons or property dispositions, provide legal advice or case law updates, be present to view evidence booked into property at the request of a defense attorney, and generally be available to assist command staff and officers as needed. The PAT is made up of senior attorneys who have many years of experience in handling the needs of a police department. The PAT also has experience in all manner of investigations, handling of informants, obtaining subpoenas for special investigations and providing guidance to patrol teams and detectives in the execution of their duties. The PAT is highly responsive and responds to requests that come by email, phone or in person. Within the PAT, there is a selection of highly qualified attorneys who rotate being on call 24/7 and who are available to provide legal advice and other services(such as obtaining search or arrest warrants)after hours to the Department. BOISE CITY ATTORNEY RESPONSE TO REQUEST FOR PROPOSAL PAGE 3 PART III. COSTS FOR SERVICES As a municipal law firm, the Boise City Attorney's Office has the ability to offer the City of Eagle a flat annual fee to be billed in monthly installments to provide the services described below. Primary Prosecutorial Services would include: • Prosecutorial intake screening and review of all police generated reports for misdemeanors; • Prosecution of misdemeanors and infractions occurring within the City of Eagle limits or pursuant to any Memorandums of Understanding between Boise, Meridian and Eagle Police Departments; • Preparation for and attendance of all court hearings, including any special or statutorily required hearings,such as DUI arraignments or No Contact Order hearings; • Handling discovery obligations and requests, along with any correspondence received from criminal defense attorneys or public defenders,on behalf of the City of Eagle; • Coverage for cases sent to Domestic Violence Court and DUI court; • Handling the subpoena and scheduling of officers to minimize overtime costs to the City of Eagle; • Presentation to Mayor, Council and the Eagle Police Department of statistical information regarding prosecution of the City of Eagle cases as requested; • Processing of weekend misdemeanor arrests on Saturday morning at the Ada County Courthouse; • Victim services as discussed. Primary Civil Legal Advice and Guidance to the Eagle City Police Chief and Police Department would include: • Access to the Police Advice Team for immediate assistance 24 hours a day, 7 days a week, according to a written protocol to be developed with the Eagle Police Chief; • On-site legal services by a member of the PAT at least one day per week or as requested; • Review and approval of Eagle Police Department's public record requests and property or evidence dispositions; • Legal Training for police department members to include: o Case law updates for United States Supreme Court,9th Circuit and Idaho state cases; o Legislative updates for Idaho State and Eagle City Codes; o Other legal training as identified by either the Boise City Attorney's Office or the Eagle City Police Department. ANNUAL COST: $65,000.00(to be paid in monthly installments of 55.000.00) BOISE CITY ATTORNEY RESPONSE TO REQUEST FOR PROPOSAL PAGE 4 J _ PART IV. ATTACHMENTS A. REPORTS PROVIDED TO MERIDIAN CITY COUNCIL IN 2013 MPD 2013 Incoming Offenses by Percentage r µ p Zoning E kk 3 0.07% Domestic Violence 3.7796 DUI 3.01% Crimes Against the Person S.43% ,i1(6‘ Alcohol 2.64% to •Warrants include: Probation Violation Contempt Total Charm's Incoming=5,487 Failure to Appear BOISE CITY ATTORNEY RESPONSE TO REQUEST FOR PROPOSAL PAGE 5 Incoming Charge Totals for MPD by Year Felony ■Infraction •Misdemeanor Total Incoming Charges 2013=5,487 Total Incoming Charges 2012=6,221 Total Incoming Charges 2011=5,815 Total Incoming Charges 2010=4,779 Misdemeanor Infraction 2010 414110 Felony 2011 2012 2013 MPD All Charges Disposed of in 2013 14 •Plead Guilty/Guilty at Trial ■Pled Guilty to Amended Charge •Declined by Screening Attorney ■Acquittal i Dismissed Total Charges Disposed 2013= 6,259 BOISE CITY ATTORNEY RESPONSE TO REQUEST FOR PROPOSAL PAGE 6 B. List of Attorneys and Idaho State Bar License Numbers The current Boise City Attorney is R. Stephen Rutherford. He is also the designated person for contract performance issues. The following is a list of attorneys working in the Boise City Attorney's Office. Abbey Germaine 9231 Kevin S. Borger 3550 Adam Dingeldein 7764 Leon Samuels 8770 Alison Tate 5291 Mackenzie Amen 9271 Andrea Carroll 7763 Mike Dean 6635 Brian Trammell 9213 Ralph Blount 5966 Christine Starr 6795 Rob Lockward 6840 Conchita Vogt 7693 Robert McQuade 9149 Denyce Udink 6395 R.Stephen Rutherford 5410 Douglas K.Strickling 3230 Sarah Hallock-Jayne 5745 Elizabeth Koeckeritz 7670 Sarah A. Millar 7439 Jennifer Pitino : 6595 Scott B. Muir 4229 Josh Bishop 9206 Terry Derden 7108 Joshua Leonard 7238 Theodore Blank 8865 Kelley K. Fleming 6560 Wendy Q. Dunn 7402 C. Idaho State Bar Complaints and Discipline As requested in the City's Request for Proposal, the Boise City Attorney's Office is instructed to disclose any complaints or discipline actions taken against any of the attorneys proposed to be providing prosecutorial services. At this time, this office is unaware of any sustained or pending complaints or disciplinary action against any of our attorneys. BOISE CITY ATTORNEY RESPONSE TO REQUEST FOR PROPOSAL PAGE 7 EXHIBIT C Steve Rutherford From: Steve Rutherford Sent: Thursday, September 25, 2014 11:22 AM To: jreynolds @cityofeagle.org Cc: Steve Rutherford Subject: City of Eagle Prosecution RFP Mayor Reynolds, I attempted to call you this morning regarding the proposal my folks gave on Tuesday but was unable to get you. I understand that your City Council would like me to consider reducing the cost of providing prosecution and police advice services to you. In response to this request I have looked critically at the proposal we submitted and do believe I can provide the services outlined for$59,000 rather than$65,000. Unfortunately this is as low as I am able to go given my Mayor and City Council's insistence on full cost recovery.The costs associated with these services come from attorney salaries and benefits, attorney licensure and training, support staff salaries and benefits,victim-witness coordinator salary and benefits, computers, cell phones, office equipment and mileage to and from your City Hall. I believe my office will provide you with a superior product. It is a tremendous benefit to have a prosecutor in each of the magistrate courtrooms. Each Eagle City case, regardless of appearance type,will be handled by a professional and well- prepared Assistant Boise City Attorney. Additionally, my police advisors are highly trained and very good at working with law enforcement to solve problems and deal with evolving public safety issues,even when the issues are happening after hours. The one hurdle we may have to clear if you and your City Council would like my office to handle your prosecution is the start date. It will be necessary for my clients to review and approve the contract in the course of a regularly scheduled City Council meeting prior to us commencing any work. It may be necessary for the City of Eagle to retain your current prosecutor on contract for a brief period until the Boise Mayor and City Council approve the contract.We will also need your current prosecutor to work with us for a smooth transition and to ensure none of your cases are lost or forgotten. My sense from previous experience is that this may take a couple of weeks to accomplish. Please contact me if you would like to discuss this matter further. Thank you very much, Steve Rutherford Interim Boise City Attorney 384-3870 1