HomeMy Public PortalAboutdowell-02122016102235.pdfINDIGENT DEFENSE SERVICES AGREEMENT
BETWEEN WILLIAM A. DOWELL AND
THE CITY OF TYBEE ISLAND, GEORGIA
THIS AGREEMENT entered into this /( day of c-•.g2d rets , 2016, by and
between WILLIAM A. DOWELL, an attorney authorized to practice.Iaw in the State of Georgia,
(hereinafter "Dowell") 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 upon the execution by the City, except that some
services may have been provided prior to execution in anticipation of this agreement.
WHEREAS, Dowell 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 0.C.G.A. §36-32-1 and others, provide for the
appointment of counsel for indigent defendants; and
WHEREAS, the City and Dowell 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. Dowell 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. Dowell 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 Dowell shall determine, except that court
shall be held at places designated by the City.
3. Duties. Dowell shall at all times maintain membership in the Georgia Bar as a
member in good standing and shall use his 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, Dowell 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, Dowell should not be required to attend that
session nor is his compensation based upon any requirement that he attend the third court
session. The duties of Dowell 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. Dowell 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. Dowell 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 Dowell's Public Defender
services. Dowell 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 Dowell with court staff sufficient to manage the court's services.
5. Compensation. For services to be rendered and performed hereunder by Dowell
as Public Defender, the City will pay Dowell Ten Thousand and No/100 ($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. Dowell
acknowledges that this is an independent contractor agreement, and he shall be responsible for
payment of any and all taxes on the compensation paid to him hereunder and agrees to
indemnify and hold the City harmless therefrom. As an independent Public Defender, Dowell
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, Dowell will provide estimated costs, expenses, or
amount of time spent in connection with any defendant(s).
6. Independent Public Defender. The parties agree that Dowell will act as an
independent Public Defender in performing his duties hereunder and is not an employee, agent,
joint venturer or partner of the City. Dowell shall comply with all federal, state and local laws in
performing his duties hereunder. Dowell 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. Dowell shall not incur any obligations on behalf of the City without
the City's written consent. Dowell is not an employee of the City and Dowell 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
Dowell and will not make state or federal unemployment insurance contributions on behalf of
Dowell. Upon request by City, Dowell 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
Dowell.
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 Dowell for expenditures if Dowell had prior
authorization from City to incur such expenditures.
9. Assignment. The City specifically contracts for services of Dowell but, from
time to time, in the event Dowell is unavailable, Dowell 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 Dowell has caused this Agreement to be executed as of the date
first written above.
INDEPENDENT PUBLIC DEFENDER
Name: William A. Dowell
a-9— $
Date
CITY OF TYBEE ISLAND
n Buelterman, Mayor
Date
APPROVE t AS TO FORM:
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Edward M. Hughes, CiW Attorney
/ r 74. Date
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erk of Council
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