Agenda Item # 1
Columbus Consolidated Government
Council Meeting
July 03, 2008
Agenda Report # 290
TO: Mayor and Councilors
SUBJECT: FY09 Public Defender Contract
INITIATED BY: Finance Department
Recommendation: Approval is requested to enter into an agreement for Indigent
Defense Services between Circuit Public Defender Office of the Chattahoochee
Judicial Circuit and Muscogee County in the amount of $1,170,217 from July 2008
to June 2009; authorize the Mayor to have signature authority.
Background: The Circuit Public Defender will provide public defender personnel
in Superior and Juvenile Court in consideration of an administrative fee of 5%
($34,396). These services include payroll, fringe benefits, training, travel,
computer hardware, computer software and legal research software. Additional
support staff and operational expenses are funded in the FY09 budget. In the
contract, the prorated share of costs are outlined as follows: Muscogee -
$1,067,236; Chattahoochee - $3,511; Harris - $66,703; Marion - $9,362; Talbot -
$10,532; Taylor - $12,873 for a total of $1,170,217. Muscogee County acts as
the fiscal agent for the Circuit Public Defender.
Analysis: The Circuit Public Defender, City Attorney?s Office and the Finance
Department have reviewed this contract.
Financial Considerations: The agreement is budgeted in the FY09 Adopted
Budget.
Legal Considerations: The Columbus Consolidated Government is eligible to
enter into this contract.
Recommendations/Actions: Approve an agreement for Indigent Defense Services
between Circuit Public Defender Office of the Chattahoochee Judicial Circuit
and Muscogee County in the amount of $1,170,217 from July 2008 to June 2009 and
authorize the Mayor to have signature authority.
GEORGIA INDIGENT DEFENSE SERVICES AGREEMENT
THIS AGREEMENT is entered into this___ day of July, 2008, between the
Circuit Public Defender Office of the Chattahoochee Judicial Circuit (herein
referred to as ?the Public Defender Office?) and the governing authority of
Columbus-Muscogee County, a body politic and a subdivision of the State of
Georgia (herein referred to as ?the County?) and is effective July 1, 2008.
WITNESSETH:
WHEREAS, the Public Defender Office and the County enter into this
agreement to implement the provisions of the Georgia Indigent Defense Act of
2003, as amended;
WHEREAS, the County is a body politic, existing and operating under the laws
and Constitution of the State of Georgia with full power to enter into
contracts and agreements with other political entities; and
WHEREAS, the Public Defender Office is existing under the laws of the
State of Georgia and operating under the laws and Constitution of the State of
Georgia with full power to enter into contracts and agreements with other
entities; and
WHEREAS, it is the intent of the parties to this agreement to provide
for the operation of an indigent defense system to assure that adequate and
effective legal representation is provided, independent of political
considerations or private interests, to indigent defendants in criminal cases
consistent with the standards adopted by the Georgia Public Defender Standards
Council. This system and this agreement include the following:
(1) The provision by the Public Defender Office of the statutorily required
services to the County;
(2) The payment for and the provision of additional personnel and services by
the County;
(3) The provision by the County of its pro rata share of the costs of
appropriate offices, utilities, telephone expenses, materials, and supplies as
may be necessary to equip, maintain, and furnish the office or offices of the
circuit public defender in an orderly and efficient manner;
(4) Travel and reimbursement of expenses; and
(5) The provision for other matters necessary to carry out this agreement.
NOW THEREFORE, in consideration of the mutual covenants and promises
contained in the agreement and for Ten Dollars ($10) and other good and
valuable consideration, IT IS AGREED AS FOLLOWS:
ARTICLE 1
STATUTORY PERSONNEL
Section 1.01 Statutory Staffing. The Public Defender Office agrees to provide
for the Chattahoochee Judicial Circuit full-time staff for a circuit public
defender office or offices consisting of a circuit public defender; an
assistant public defender for each superior court judge authorized for the
circuit, excluding the chief judge and senior judges; an investigator; and 2
additional persons to perform administrative, clerical or paraprofessional
services.
Section 1.02 Statutory Services. The Public Defender Office agrees to provide
representation to indigent defendants in the following cases:
(1) Cases prosecuted in the Superior Court of Muscogee County under the laws of
the State of Georgia in which there is a possibility that a sentence of
imprisonment or probation or suspension of sentence of imprisonment may be
adjudged;
(2) Hearings in the Superior Court of Muscogee County on a revocation of
probation;
(3) Cases prosecuted in the Juvenile Court of Muscogee County in which a child
may face a disposition in a delinquency case of confinement, commitment or
probation; and
(4) Direct appeals from a decision in cases described in items (1), (2), and
(3) above.
Section 1.03 Conflicts. The Public Defender Office agrees to provide through
the Standards Council for legal representation by an attorney who is not an
employee of the Public Defender Office in cases described in Section 1.02 in
which the Public Defender Office has a conflict of interest.
ARTICLE 2
ADDITIONAL PERSONNEL AND SERVICES
Section 2.01 Additional Personnel and Services. The Public Defender Office
agrees to provide and the County agrees to pay for the services and personnel
described in Attachment A. The parties agree to the terms in Attachment A.
Attachment A is incorporated into this agreement by reference. The amount to be
paid includes a 5% administrative services fee. Any changes to Attachment A
shall be made in accordance with Section 5.07 of this agreement. Any
additional personnel employed by the Public Defender Office pursuant to this
section are full-time state employees of the Public Defender Office in the
unclassified service of the State Merit System of Personnel Administration with
all the benefits provided by law to state employees in the unclassified
service. These additional employees serve at the pleasure of the Chattahoochee
Judicial Circuit Public Defender. The parties agree that the employment of
these additional personnel employed by the Public Defender Office pursuant to
this section may be terminated by the Public Defender Office if the County does
not pay for the cost of these personnel in advance in accordance with this
agreement.
Section 2.02 Additional County Employees. The County agrees to provide to the
Public Defender Office employees who remain employees of the County. The
County is the employer for these employees for all purposes, including, without
limitation, compensation and employee benefits, but the employees are under the
supervision of the circuit public defender. The circuit public defender may
utilize the duties and the title of these employees found in the County Merit
System. These employees include investigators and administrative personnel who
are currently being paid $381,879 in salary and benefits.
ARTICLE 3
PROVISION BY THE COUNTY OF ITS PRO RATA SHARE OF THE COSTS OF APPROPRIATE
OFFICES, UTILITIES, TELEPHONE EXPENSES, MATERIALS, AND SUPPLIES AS MAY BE
NECESSARY TO EQUIP, MAINTAIN, AND FURNISH THE OFFICES OF THE CIRCUIT PUBLIC
DEFENDER.
Section 3.01 Office Expenses. The County agrees to pay the operational
expenses in the amount of $66,032, which includes, but not limited to,
appropriate offices, utilities, telephone expenses, materials, and supplies to
equip, maintain, and furnish the office or offices of the Public Defender
Office. The parties to this agreement acknowledge that part of the costs of the
total budget of the public defender office is to be reimbursed to the County by
the following counties in the following amounts: Chattahoochee County, $3,511;
Harris County, $66,703; Marion County, $9,362; Talbot County, $10,532; and
Taylor County, $12,783. The amount of each county?s contribution to this
budget including the contribution of Columbus-Muscogee County is based on the
county?s pro rata share of the budget based on population.
ARTICLE 4
Travel and Reimbursement of Expenses
Section 4.01 Travel And Expense Reimbursement. The County agrees to provide
travel advances and to reimburse expenses which may be incurred in the
performance of the employee?s official duties under this agreement by an
employee of the Public Defender Office to the extent the expenses are not
reimbursed by the State and to the extent the expenses are authorized by the
circuit public defender and the County. The County shall provide the Public
Defender Office with the information concerning the travel advances and
expenses reimbursements required by the State Auditor. The County agrees to
reimburse employees? travel at the rate of $.505 per mile, subject to the
budget amount set forth in Article 3.
Section 4.02 Training. The County agrees to reimburse the State for training
county paid employees, subject to the budget amount set forth in Article 3.
Section 4.03 Computers. The County agrees to provide computer equipment for
the county employees covered under Section 2.02, subject to the budget amount
set forth in Article 3.
Section 4.04 Legal Research. The County agrees to reimburse the State for the
actual cost, subject to the budget amount set forth in Article 3.
ARTICLE 5
MISCELLANEOUS
Section 5.01 Term. The term of this agreement is 12 months beginning July 1,
2008, and ending June 30, 2009.
Section 5.02 Maintenance of Effort. The County agrees that it will continue to
fund indigent defense for the term of this agreement, at a minimum, at the
level of its most recent budgeted level of funding (the current fiscal year or
the planned budget for the next fiscal year if that budget has already been
developed) for indigent defense and as part of this support each county agrees
to provide the space, equipment and operating expenses necessary to effectively
operate the circuit public defender office.
Section 5.03 Severability. Any section, subsection, paragraph, term,
condition, provision or other part (hereinafter collectively referred to as
?part?) of this agreement that is judged, held, found, or declared to be
voidable, void, invalid, illegal or otherwise not fully enforceable shall not
affect any other part of this agreement, and the remainder of this agreement
shall continue to be of full force and effect. Any agreement of the parties to
amend, modify, eliminate, or otherwise change any part of this agreement shall
not affect any other part of this agreement, and the remainder of this
agreement shall continue to be of full force and effect.
Section 5.04 Cooperation, Dispute Resolution And Jurisdiction. (a) The Public
Defender Office and the County acknowledge that this agreement may need to be
revised periodically to address new or unforeseen matters.
(b) Each party to this agreement agrees to cooperate with the other party to
effectuate and carry out the intent of this agreement.
(c) This agreement, and the rights and obligations of the parties, are governed
by, and subject to and interpreted in accordance with the laws of the State of
Georgia. The parties acknowledge and agree that by law, the exclusive
jurisdiction for contract actions against the state, departments and agencies
of the state, and state authorities is the Superior Court of Fulton County,
Georgia. The Parties further acknowledge that the Fulton Superior Court has a
Court sponsored Arbitration and Mediation Program in which the Parties agree to
fully participate.
Section 5.05 Notice. A notice to a party to this agreement shall be made in
writing and shall be delivered by first class mail or personally to the person
and at the address indicated below:
Office of Chattahoochee Judicial Circuit:
Robert L. Wadkins, Circuit Public Defender
Circuit Public Defender
420 ? 10th Street
Columbus GA 31901-2856
Governing Authority of Columbus-Muscogee County, GA:
William J. Wetherington, Mayor
100 ? 10th Street
P. O. Box 1340
Columbus GA 31902-1340
Georgia Public Defender Standards Council:
Mack Crawford, Director
104 Marietta Street, Suite 200
Atlanta GA 30303
Section 5.06 Reallocation of Funds. Funds budgeted as operational expenses may
be reallocated by the circuit public defender for personnel costs as so long as
the amount to be reallocated does not exceed the total amount of the budget,
subject to the express approval of the Columbus Council.
Section 5.07 Agreement Modification. This agreement, including all attachments
hereto, constitutes the entire agreement between the parties with respect to
the subject matter of this agreement and may be altered or amended only by a
subsequent amendment approved by the Columbus Council, Circuit Public Defender,
and the Director of the Georgia Public Defender Standards Council. This
agreement supersedes all prior agreements, negotiations and communications of
whatever type, whether written or oral, between the parties hereto with respect
to the subject matter of this agreement. After the agreement has been approved
by the Director of the Georgia Public Defender Standards Council, no
modifications may be made without prior notice to the Director of the council.
Section 5.08 Termination. (a) Due To Non-Availability Of Funds. In the event
that either of the sources of reimbursement for services under this agreement
(appropriations from the General Assembly of the State of Georgia, or
appropriations from the governing authority of the County) is reduced during
the term of this agreement, the Public Defender Office may make financial and
other adjustments to this agreement and notify the County accordingly. An
adjustment may be an agreement amendment or may be the termination of the
agreement. The certification by the director of the Georgia Public Defender
Standards Council of the occurrence of reduction in State funds is conclusive.
The certification of the occurrence of the reduction in county funds by the
person named in Section 5.05 by the County to receive notices is conclusive.
The County shall promptly notify the Public Defender Office in writing on the
non-existence or insufficiency of funds and the date of termination. The
Public Defender Office shall then immediately cease providing the services
required hereunder except for any necessary winding down and transition
services required under Section 5.09. In lieu of terminating this agreement,
the County and the Public Defender Office may make financial and other
adjustments to this agreement by amending it pursuant to Section 5.07.
(b) For Cause. This agreement may be terminated for cause, in whole or in part,
at any time by either party for failure by the other party to substantially
perform any of its duties under this agreement. ?Cause? means a breach or
default of any material obligation hereunder which default is incapable of
cure, or which, being capable of cure, has not been cured within 30 days after
receipt of notice of such default (or such additional cure period as the
non-defaulting party may authorize). Should a party exercise its right to
terminate this agreement under this subsection, the termination shall be
accomplished in writing and specify the reason and the termination date. In the
event of termination under this subsection the Public Defender Office shall
submit a final agreement expenditure report containing all charges incurred
through and including the termination date to the County no later than 30 days
after the effective date of written notice of termination and the County shall
pay the amount due within 15 days of the receipt of the final agreement
expenditure report. Upon termination of this agreement, the Public Defender
Office shall not incur any new obligations after the effective date of the
termination, except as required under Section 5.09. The above remedies
contained in this subsection are in addition to any other remedies provided by
law or the terms of this agreement.
(c) For Convenience. This agreement may be cancelled or terminated by either
of the parties without cause; however, the party seeking to terminate or cancel
this agreement shall give written notice of its intention to do so to the other
party at least 60 days prior to the effective date of cancellation or
termination.
(d) Post-termination Obligations. After termination of this agreement pursuant
to this Section, the Public Defender Office and the County agree to comply with
the provisions of Section 5.09 (a).
Section 5.09 Cooperation In Transition Of Services. (a) During Or At The End
Of The Agreement. The Public Defender Office agrees upon termination or
expiration of this agreement, in whole or in part, for any reason to cooperate
as requested by the County to effectuate the smooth and reasonable transition
of services for existing clients. This includes but is not limited to the
continuation of representation by Public Defender Office where appropriate or
required by law, court rule or the State Bar of Georgia ethical standards or
the facilitation of the timely transfer to the County of the client records.
The County shall compensate the Public Defender for all post-termination or
post-expiration services under this subsection. The Public Defender Office
shall submit a monthly expenditure report containing all charges incurred
during the preceding month on or before the 5th day of each month. The County
shall pay the amount due within 15 days of the receipt of the monthly
expenditure report. This subsection survives the termination or expiration of
the agreement.
( b) Statutory Responsibility Continuation. The Public Defender Office and the
County acknowledge that both have responsibilities for indigent defense costs
under the Georgia Indigent Defense Act of 2003, as amended and that the
termination or expiration of this agreement does not relieve either party of
their responsibility under the law.
Section 5.10 Advance of Funds. The parties agree that advances of funds cannot
remain outstanding following agreement termination or expiration and will be
reclaimed. The parties agree that upon termination of this agreement, for any
reason, all unexpended and unobligated funds held by the parties revert to the
party entitled to the funds. The parties agree to reconcile expenditures
against advances of funds within 30 days of termination of this agreement.
Section 5.11 Time. Time is of the essence.
IN WITNESS WHEREOF, the parties have each here unto affixed their signatures
the day and year first written above.
ATTEST:
Governing Authority of
Columbus-Muscogee County, GA
_________________________
(SEAL)
BY: _________________________
William J. Wetherington, Mayor
ATTEST:
Chattahoochee Judicial Circuit Office of the Public
Defender
__________________________
(SEAL)
BY: ________________________
Robert L. Wadkins
Circuit Public Defender
APPROVED AND CONSENTED TO:
ATTEST:
GEORGIA PUBLIC DEFENDER
STANDARDS COUNCIL
____________________(SEAL)
BY:______________________
Mack Crawford
Director
Chattahoochee Judicial Circuit
Attachment a
July 1, 2008 ? June 30, 2009
The County agrees to pay the Public Defender Office $722,306 in 12 monthly
installments. Installments will be paid in advance directly to the Georgia
Public Defender Standards Council by the 15th day of each preceding month
beginning on July 15, 2008.
Invoices will be sent to the following address:
Finance Director
Columbus Consolidated Government
P. O. Box 1340
Columbus GA 31902-1340
Installments will be paid directly to the GPDSC at the following address:
Georgia Public Defender Standards Council
ATTN: Jason Ring
104 Marietta Street, Suite 200
Atlanta GA 30303-2743
The Public Defender Office agrees to use these funds for the purpose of paying
the salary and benefits for the following positions or individuals in the
amounts indicated as follows:
Annual Total salary 5% Admin. Total
salaries and benefits Fee Amount
$483,462 $687,910 $34,396 $722,306
The pro-rata share of costs throughout the Chattahoochee Judicial Circuit is as
follows:
County Amount
Chattahoochee $ 3,511
Harris 66,703
Marion 9,362
Muscogee 1,067,236
Talbot 10,532
Taylor 12,873
Total $1,170,230
Columbus-Muscogee County is acting as fiscal agent to collect the monies from
Chattahoochee, Harris, Marion, Talbot, and Taylor Counties. Installments from
Chattahoochee, Harris, Marion, Talbot and Taylor Counties shall be paid to
Columbus Consolidated Government and forwarded to the Finance Director,
Columbus Consolidated Government, P.O. Box 1340, Columbus GA 31902-1340.
A RESOLUTION
NO____
A RESOLUTION AUTHORIZING TO ENTER INTO AN AGREEMENT FOR INDIGENT DEFENSE
SERVICES BETWEEN CIRCUIT PUBLIC DEFENDER OFFICE OF THE CHATTAHOOCHEE JUDICIAL
CIRCUIT AND MUSCOGEE COUNTY IN THE AMOUNT OF $1,135,821 FROM JULY 2008 TO JUNE
2009 AND THE ADMINISTRATIVE FEE OF $34,396 PAID TO THE ADMINISTRATIVE OFFICE OF
THE COURTS (AOC);
WHEREAS, the Circuit Public Defender Office of the Chattahoochee Judicial
Circuit was created in January 2005 by the Georgia Indigent Defense Act of 2003
and provides that a consolidated government may contract with the circuit
public defender for the provision of criminal defense for indigent persons in
Superior and Juvenile courts; and,
WHEREAS, the contract specifies the amount of $1,170,217 for personnel and
operating costs for the period of July 2008 to June 2009 and Muscogee County?s
prorated share of expenses to be $1,067,236.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
That the Mayor and/or the City Manager is hereby authorized to enter into an
agreement for Indigent Defense Services between Circuit Public Defender Office
of the Chattahoochee Judicial Circuit and Muscogee County in the amount of
$1,135,821 from July 2008 to June 2009 and the administrative fee of $34,396 to
the AOC, of which the prorated share for Muscogee County to be $1,067,236; and
authorize the Mayor to have signature authority.
Introduced at a regular meeting of the Council of Columbus, Georgia held on
the____ day of _____, 2007 and adopted at said meeting by the affirmative vote
of ____ members of said
Council.
Councilor Allen voting _____
Councilor Anthony voting _____
Councilor Baker voting _____
Councilor Barnes voting _____
Councilor Davis voting _____
Councilor Henderson voting _____
Councilor Hunter voting _____
Councilor McDaniel voting _____
Councilor Turner Pugh voting _____
Councilor Woodson voting _____
_____________________ ___________________
Tiny B. Washington, Jim Wetherington,
Clerk of Council Mayor
Attachments
No attachments for this document.