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HomeMy Public PortalAboutMunicipal Court Prosecution Agreement- Andre Pretorius- 8-23-18STATE OF GEORGIA ) COUNTY OF CHATHAM ) MUNICIPAL COURT PROSECUTION AGREEMENT THIS AGREEMENT made and entered into thisa3 day of August, 2018 by and between ANDRE PRETORIUS, an attorney authorized to practice law in the State of Georgia (hereinafter `Pretorius") and the CITY OF TYBEE ISLAND, GEORGIA, a body politic and a municipality of the State of Georgia (hereinafter "City"). This Agreement shall be effective upon its execution by the parties, except that some services may have been provided prior to the execution hereof in. anticipation of this Agreement and shall be governed hereby. WHEREAS, Pretorius is an attorney practicing in Chatham County, Georgia, and is currently the Chief Assistant District Attorney of the State Court of Chatham County; and WHEREAS, in his capacity as an Assistant District Attomey with Chatham County, Pretorius has been authorized to contract with the City to provide Municipal Court prosecution services therein to include prosecution of alleged ordinance violations within the City; and WHEREAS, applicable laws, including O.C.G.A. § 15-18-91 and § 15-18-22, et seq., prosecuting attorneys may be appointed in municipal courts upon approval by the governing body; provide a filing with the Prosecuting Attorney's Council of the State of Georgia of this appointment is required under Georgia law within thirty (30) days of the appointment; and WHEREAS, Pretorius maintains all of the required qualifications to act as prosecutor in the Municipal Court of the City and has secured appropriate authorization from the District Attorney of Chatham County to act in that capacity; and WHEREAS, the City and Pretorius 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. Pretorius agrees to provide prosecution services for defendants charged with ordinance violations in the Municipal Court of Tybee Island, Georgia, as appropriate and in accordance with all applicable laws, the City Charter and the ordinances of the City. Pretorius is to act as Municipal Court prosecutor in accordance with such laws. 2. Place of Work. Pretorius, as prosecutor, will perform the services as required by the City on a part time independent contractor basis at such times and places as shall be determined 1 by Pretorius, except that court shall be held in places designated by the City and Pretorius will appear on behalf of the City when appropriate to do so in connection with his responsibilities under this Agreement. 3. Pretorius 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 prosecutor and shall act as an independent contractor in the representation of the City when acting on its behalf. Pretorius shall be required to attend court sessions when necessary and appropriate and as otherwise agreed upon. Pretorius shall be free to arrange the manner of performance of his duties hereunder and shall comply with time requirements as might be imposed by the Chatham County District Attorney as far as hours of performance with regard to City ordinances. 4. Manner of Performance. Pretorius 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 Pretorius' prosecution services; however, when appropriate, Pretorius shall be entitled to the assistance of the City Attorney or his designee in connection with zoning or other ordinances of the City requiring consistent or uniform interpretation. The City shall provide Pretorius with sufficient space and accommodations and staff necessary to accomplish the services addressed herein. 5. Compensation. For the services to be rendered and performed hereunder by Pretorius as public defender, the City will pay Pretorius at a rate of $200.00 per court session involving City ordinance violations. The parties agree to evaluate the compensation at 6 -month intervals and it can be changed by mutual agreement of the Manager and Pretorius in writing with the Manager giving notice of the change to the Mayor and Council and the Finance Director. Payment shall be invoiced and paid monthly. Pretorius acknowledges that this is an independent contractor agreement and he shall be responsible for the payment of any and all taxes on the compensation paid to him hereunder and agrees to indemnify and hold the City harmless with regard thereto. As an independent prosecutor, Pretorius 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, when requested by the City, Pretorius will provide estimated costs, expenses, or amount of time spent in connection with prosecutions hereunder. 6. Term. This Agreement shall be an at -will agreement terminable by either party by providing written notice at least thirty (30) days in advance of the termination and shall have an initial term of twelve (12) months from the date hereof. Notwithstanding any other provision hereof, all obligations of the City hereunder shall cease as of December 31 of each calendar year and at the conclusion of the fiscal year in which this Agreement is in effect subject, however, to an 2 automatic renewal of the Agreement in the absence of a notice to not renew or cancel at least thirty (30) days prior to the end of a calendar year or the end of the City's fiscal year. 7. Expenses. The City shall only reimburse Pretorius for expenditures if Pretorius had prior authorization from the City to incur such expenditures. 8. Assignment. The City specifically contracts for services of Pretorius but, from time to time, in the event Pretorius is unavailable, Pretorius may assign such contract or delegate duties hereunder without notice to the City. 9. Georgia Law. This Agreement shall be governed by and construed in accordance with the provisions of the laws of the State of Georgia. 10. 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. 11. Captions. The captions or headings of the sections or other subdivisions hereof are inserted only as a matter of convenience or for reference and shall have no effect on the meanings of the provisions hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date and year first above written. APPROVED AS TO FORM: Edward M. Hughes, City Attorney Andre Pretorius, Prosecutor, Municipal Court CITY OF TYBEE ISLLAANND, GEORGIA By: 0 Attest: 3 Jon Buelterman, Mayor LeViner, Clerk A RESOLUTION APPOINTING ANDRE PRETORIUS AS THE PROSECUTING ATTORNEY OF THE MUNICIPAL COURT OF THE CITY OF TYBEE ISLAND, GEORGIA PURSUANT TO O.C.G.A. 415-18-92(b) AND SECTION 3.2 OF THE CHARTER OF THE CITY OF TYBEE ISLAND BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, in open meeting duly assembled on the, , 3 day of cj/icas follows: 1. Andre Pretorius is hereby appointed as the prosecuting attorney of the Municipal Court for the City of Tybee Island, Georgia. 2. The appointment is effective for a term of twelve (12) months pursuant to the applicable provisions of the Tybee Code and state law. 3. The prosecuting attorney may call upon the City Attorney or his designee to assist with the prosecution of certain ordinance violations in the City and in the Municipal Court of the City. 4. Within thirty (30) days of the effective date of this Resolution, the Municipal Court Clerk or her designee and/or the Clerk of Council shall notify the Prosecuting Attorney's Council of the state of Georgia of this appointment as required under Georgia law. 5. This Resolution shall become effective upon its adoption. SO RESOLVED, this the day of aer.., 2018. CITY OF TYBEE ISLAND, GEORGIA Tybee/Resolutions/2018/prosecuting atty 1641381.1 By: Jason Buelterman, Mayor ATTEST: By: ,L. Calerk of Council