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HomeMy WebLinkAboutInigent Defense Tripartite Augusta Richmond GA DOCUMENT NAME: \rn\~1- \)e-\'-en~e.- \\\\:XJ'(-n-t~ DOCUMENT TYPE: 0C(j'(~ YEAR:Ql BOX NUMBER: 0 '3 FILE NUMBER: '\ ~[;Jl U- NUMBER OF PAGES: s ;l ,; H(L: q APPROVED SEP 16 1997 INTERGOVERNMENTAL AGREEMENT BETWEEN (AUGUSTA-RICHMOtiD cOUmY COMMISSIOti) AUGUSTA, GEORGIA AND i '. ...' ,- .. :::~ ',I ,~:~~: THE INDIGENT DEFENSE TRIPARTITE COMMITTEE OF THE AUGUSTA JUDICIAL CIRCUIT "~ {:',:.';;.,' !',.,~., THIS INTERGOVERNMENTAL AGREEMENT entered this -'16'''''''''Qay of September, 1997, between Augusta, Georgia, a political subdivision ': , ~ of the State of Georgia, and the Indigent Defense "'Tri'p>a'rti te Committee of the Augusta Judicial Circuit (the "Committee"), organized pursuant to O.C.G.A. 5 17-12-30, et seq.; WHEREAS, the Tripartite Governing Committee.~f the Indigent Defense Program of the Augusta Judicial Circuit has previously been formed, consisting of two (2) persons represen~ing and appointed by participating counties, two (2) persons appointed by the Chief Judge of the Augusta Judicial Circuit, and two (2) persons appointed by the Augusta Bar Association; and WHEREAS, the City and the Committee desire to agree as to the use and disposition of the state funding provided by O.C.G.A. ~ l7-l2-30, et seq.; and WHEREAS, the Committee desires to provide for the hiring of the Coordinator of the Indigent Defense Program and desires to have all employees working for the Indigent Defense Program established as employees of Augusta, Georgia; NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained, the adequacy of which is acknowledged by each party, it is agreed as follows: 1 1. The Committee shall hire and fire, ln its sole discretion, and establish the salary within the range hereinafter set forth, subject to the approval of the Augusta-Richmond County Commission, the Coordinator/Director of the Indigent Defense Program of the Augusta Judicial Circuit. The Coordinator shall be deemed a department head under the City's personnel policies and procedures, with a designation of Director IV, grade fifty-one (51), with a salary range of $32,317.00 to $48,476.00, as set forth in the 1997 Graded Pay Structure for employees of Augusta-Richmond County. The salary of the Coordinator/Director effective as of the execution of this Agreement is established at $42,000.00. Any salary increase shall be as set forth in the budget approved by the City. 2. All employees of the Indigent Defense Program shall be employees of Augusta, Georgia, and subject to the policies and procedures applicable to employees of Augusta, Georgia, as adopted and amended from time to time; provided, however, the Coordinator shall be treated as a department head under the Personnel policies and Procedures and shall be exempted from those portions of the Personnel Policies and Procedures as are other department heads of Augusta, Georgia. 3. The City shall provide to the Coordinator/Director and to employees of the Indigent Defense Program health, retirement, and other fringe benefits provided to employees of the City. 4. The Committee shall transfer to the City all revenues received by the Committee from the State of Georgia for the benefits of Richmond County for the administration of the Indigent Defense 2 Program, and to Burke County and Columbia County funds applied for and received on behalf of said counties for the administration of the Indigent Defense Program. The Committee covenants to notify the Georgia Indigent Defense Council to forward payment directly to Augusta, Georgia for any funding approved by the Georgia Indigent Defense Council for the Committee for Richmond County and to Burke and Columbia County any funding approved for said counties. Further, the Committee covenants and agrees to transfer immediately to the City all sums being held by, or ln the name of, the Committee for the benefit of Richmond County and to Burke and Columbia County any funds held for the benefit of said counties. Any bank accounts established in the name of the Committee shall be closed immediately with funds transferred to the City, Burke County and Columbia County according to their interest in said funds. 5. The Committee shall submit annually to the City a proposed budget of its expected income and expenses, to include automobile and gasoline allowances, which budget shall be subject to approval by the Augusta-Richmond County Commission. 6. This Agreement shall not constitute the parties hereto as joint venturers or parties and neither party shall be deemed an agent of the other. 7. This Agreement shall be for a term of ten (10) years and shall be automatically renewed for an additional ten (10) year periods unless either party shall at least 180 days prior to the termination of this Agreement or the then current .term give notice that it will not renew the Agreement upon its expiration. There may 3 . , " .: be three such ten (10) year extensions. 8. In the event that the City determines that it is in its best interest to terminate this Agreement, it shall have the right to do so upon ninety (90) days advance written notice, except as otherwise by O.C.G.A. Chapter 12, Article 2. 9. This Agreement shall constitute a full and complete settlement of all issues between the Committee and the Commission regarding any claims which the Commission may have concerning the administration of funds received from the Georgia Indigent Defense Council. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this Intergovernmental Agreement. ~ By' ~ATTE C 4 AUGUSTA-RICHMOND COUNTY COl\tIMISSION LARRY E. SCONYERS Mayor ROOM 801 MUNICIPAL BLDG, (II) AUGUSTA, GEORGIA 30911 Bus, (706) 821-2488 Fax No, (706) 722-5984 LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM WILLIAM B, KUllll<E. JR, WM, "WILLIE" H, MAYS. III 1. B. POWELL MOSES TODD ROB ZETIERBERG FREDDIE L. HANDY Mayor Pro Tern October 8, 1997 CHARLES R, OLIVER, P E. CPA Administrator JAMES B, WALL Attorney Ms. Lena Bonner Clerk, Commission 8th Floor, Municipal Bldg. Augusta, GA 30911 Reply 10: P,O, BOX 2125 Augusta. GA, 30903 RE: Intergovernmental Agreement between Augusta, Georgia and the Indigent Defense Tripartite Committee Dear Lena: I enclose herewith for the City's records one fully executed original of the above referenced agreement. With best personal regards, I am Yours very truly, ~ James B. Wall/~ JBWjsjp Enclosure