HomeMy Public PortalAboutPublic Defender 2013 INDIGENT DEFENSE SERVICES AGREEMENT
BETWEEN ELIZABETH COOLIDGE AND
THE CITY OF TYBEE ISLAND, GEORGIA
THIS AGREEMENT entered into this-2 day of 5e_f_A rn, v-, 2013, by and
between ELIZABETH COOLIDGE, an attorney authorized to practice law in the State of
Georgia, ELIZABETH COOLIDGE, (hereinafter"Coolidge") and THE CITY OF TYBEE
ISLAND, GEORGIA, a body politic and municipality of the State of Georgia, PO Box 2749,
Tybee Island, GA 31328 (hereinafter the "City"). This Agreement shall be effective July 1,
2012, except as otherwise provided herein.
WHEREAS, Coolidge is an attorney practicing law in the State of Georgia specializing in
criminal defense work; and
WHEREAS, the City is a Georgia municipality which maintains a municipal court
wherein charges are brought against individuals sometimes in need of counsel; and
WHEREAS, applicable laws, including O.C.G.A. §36-32-1 and others,provide for the
appointment of counsel for indigent defendants; and
WHEREAS, the City and Coolidge have negotiated the within Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the receipt and sufficiency whereof is hereby acknowledged, the parties hereto agree as follows:
1. Engagement. Coolidge agrees to provide indigent defense services for
defendants in the Municipal Court of Tybee Island as appropriate and in accordance with all
applicable laws, the City Charter, and the ordinances of the City. Coolidge is to act as Municipal
Court Public Defender in accordance with such laws.
2. Place of Work. The Public Defender will perform the services as required by the
City on a part time basis at such times and places as Coolidge shall deter wine, except that court
shall be held at places designated by the City.
3. Duties. Coolidge shall at all times maintain membership in the Georgia Bar as a
member in good standing and shall use her best efforts and judgment in performing services of
the Public Defender and shall act as an independent contractor in the representation of the City
customers. Notwithstanding any other provision hereof, Coolidge shall only be required to
attend two court sessions per month out of any month in which the regular schedule for court
sessions is three sessions. The City contemplates having a session of court that would entail the
need for the services of a Public Defender and, therefore, Coolidge should not be required to
attend that session nor is her compensation based upon any requirement that she attend the third
court session. The duties of Coolidge as Public Defender shall include contact with the City's
customers and alleged violators and the general public and shall at all times behave in a
professional manner in representing the interest of the City. Coolidge shall be free to arrange the
manner of performance of the duties hereunder and will not be expected to maintain a schedule
of duties, except as necessary to comply with reasonable assignments requested by the City from
time to time.
4. Manner of Performance. Coolidge will determine the method, details and
means of performing services on behalf of the City. The City shall have no right to, and shall
not, control the manner or determine the method of accomplishing Coolidge's Public Defender
services. Coolidge will be responsible for supplying all equipment and instrumentalities required
to perform services under this agreement; provided, however, upon execution of this agreement,
the City will provide Coolidge with court staff sufficient to manage the court's services.
5. Compensation. For services to be rendered and performed hereunder by
Coolidge as Public Defender, the City will pay Coolidge Ten Thousand and No/l00 ($10,000.00)
Dollars annually for the two court sessions per month for services rendered pursuant to this
agreement. Payment shall be invoiced and paid monthly. This compensation is to include two
court sessions per month and for related required communications with the alleged violator.
Coolidge acknowledges that this is an independent contractor agreement, and she shall be
responsible for payment of any and all taxes on the compensation paid to her hereunder and
agrees to indemnify and hold the City harmless therefrom. As an independent Public Defender,
Coolidge shall not be entitled to receive any fringe benefits that are generally available to
employees of the City and shall only be entitled to receive the cash compensation specifically set
forth herein. It is agreed that, when requested by the City, Coolidge will provide estimated costs,
expenses, or amount of time spent in connection with any defendant(s).
6. Independent Public Defender. The parties agree that Coolidge will act as an
independent Public Defender in performing her duties hereunder and is not an employee, agent,
joint venturer or partner of the City. Coolidge shall comply with all federal, state and local laws
in performing her duties hereunder. Coolidge shall adhere to, and perform the duties herein in
conformity with all practices, procedures, and/or standards required of the Chatham County
Public Defender's Office. Coolidge shall not incur any obligations on behalf of the City without
the City's written consent. Coolidge is not an employee of the City and Coolidge shall have the
exclusive responsibility for appropriate withholding of the taxes relating to compensation
hereunder, and the City shall not withhold any federal, state or local taxes thereon. Further, the
City is not obligated to and will not withhold FICA (Social Security) from payments made to
Coolidge and will not make state or federal unemployment insurance contributions on behalf of
Coolidge. Upon request by City, Coolidge shall provide proof of compliance with the provisions
of this section and failure to comply with same shall constitute a breach of this agreement by
Coolidge.
7. Term. This Agreement shall be an at will term, terminable by either party, and
may only be terminated upon providing written notice at least thirty (30) days in advance of the
date of termination. A termination notice must be sent via certified or registered US mail to the
address of the parties set forth in the opening paragraph of this Agreement, or be provided via
hand delivery with a written confirmation of receipt. Notwithstanding any other provision
hereof, all obligations of the City under this agreement shall cease as of December 31 of each
calendar year in which this agreement is in effect subject, however, to an automatic renewal of
the agreement in the absence of a notice to not renew or to cancel at least 30 days prior to the end
of a calendar year.
8. Expenses. City shall only reimburse Coolidge for expenditures if Coolidge had
prior authorization from City to incur such expenditures.
9. Assignment. The City specifically contracts for services of Coolidge but, from
time to time, in the event Coolidge is unavailable, Coolidge may assign, subcontract or delegate
the duties hereunder without notice to City.
10. Construction. The parties acknowledge that each had a part in the preparation of
this Agreement, and this Agreement shall not be strictly construed against either party.
11. Georgia Law. This Agreement shall be governed by and construed in accordance
with the provisions of the laws of the State of Georgia.
12. Severability. Should any provision of this Agreement be held invalid by any
court of competent jurisdiction, such invalidity shall not affect the validity of the remainder of
this Agreement.
13. Captions. The captions or headings of the sections or other subdivision hereof
are inserted only as a matter of convenience or for reference and shall have no effect on the
meaning of the provisions hereof.
IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its duly
authorized representative and Coolidge has caused this Agreement to be executed as of the date
first written above.
INDEP DENT PUB ` ' DD[ FENDE CITY •F TYBEE IS ND
1 1 /
N. e. Elizabeth Cooli,.ge :son Buelterman, Mayor
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CI rk of Council
/ Date
APPROVED AS TO FORM:
7
Edward M. Hughes, City 7orney
/91 Date