HomeMy WebLinkAboutAGREEMENT BETWEEN THE CONSOLIDATED GOVERNMENT OF AUGUSTA, GEORGIA AND KATRELL NASH, A LICENSED ATTORNEY ORIGINAL
STATE OF GEORGIA
COUNTY OF RICHMOND
AGREEMENT
THIS AGREEMENT is effective this 17th day of April, 2017 between the consolidated
government of AUGUSTA, GEORGIA (herein referred to as "AUGUSTA") and Katrell Nash, a
licensed attorney, whose Georgia Bar number is 722089 (herein referred to as the "Contractor").
WITNESSETH:
WHEREAS, AUGUSTA has identified a need for certain services of attorneys to
represent certain indigent defendants ("Assigned Defendants") in the event that the Augusta
Judicial Circuit Office of the Public Defender as the contracting Public Defender Office cannot
represent a defendant due to a conflict of interest; and
WHEREAS, subject to the terms and conditions hereinafter set forth, AUGUSTA desires
to retain Contractor to provide such services for AUGUSTA, as more fully described herein, and
Contractor desires to provide such services to AUGUSTA; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of the premises, the mutual
promises, covenants and agreements contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Contractor and
AUGUSTA hereby agree as follows:
1. TERM
A. The initial term of this agreement shall begin on April 17, 2017, and extend through
June 30, 2018.
B. This contract shall thereafter automatically renew for an addition twelve month term
on the same terms and conditions for an additional fiscal year July through June)) subject to the
availability of funds as set forth in¶ 5 below and subject to the right of either party to terminate
this agreement upon at least thirty days' notice as set forth in¶ 18 hereof
C. The total number of years of this agreement shall not exceed five (5) years.
2. DEFINITIONS
A. PENDING CASE
All criminal actions as set forth in ¶ 4 containing new charges, including petitions for
revocation of probation, instituted against one individual defendant, regardless of the number of
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counts or the number of separate charging instruments (herein referred to as "Pending Case").
B. FINAL DISPOSITION OF A PENDING CASE
The disposition of all Assigned Defendants' charges which terminates the Contractor's
obligations in¶¶3 and 4 below by either:
(i) dismissal or transfer of the Pending Case to Superior Court, or
(ii) plea or adjudication of guilt; or
(iii) acquittal; or
(iv) a dead docket that indicates a final, not a temporary or administrative
disposition; or
(v) when the client has elected to represent himself or herself, with the sanction
of the appropriate court that he has done so intelligently and competently; and provided
Counsel is no longer required by the Court to sit with the client in a pending proceeding;
or
(vi) when the client has retained counsel, and that counsel has entered an
appearance of record in the matter.
C. COURT SESSION
A morning or afternoon Court Session whereby Court is in Session and arraignment calls
are made in the State Court of Richmond County. Contractor is to be physically present during
all Court Sessions on their assigned day or make arrangements for another Conflict Contractor to
cover for them. Failure of Contractor to be present for a Court Session without getting another
Conflict Contractor to cover for them will result in a $175 deduction from Contractor's monthly
compensation.
3. WARRANTIES BY CONTRACTOR
A. Contractor warrants and represents to AUGUSTA that he or she is a licensed private
attorney, duly admitted to the State Bar of Georgia, to all Courts in Georgia, is a member in good
standing, and is competent to counsel and defend a person accused of crimes or a mental state
that may result in the person being incarcerated or confined.
B. Contractor warrants and represents to AUGUSTA that he or she will represent all
Assigned Defendants in a professional manner and to the best of her/his ability.
C. Contractor warrants and represents to AUGUSTA that he or she will only seek
payment for work performed.
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4. SCOPE OF SERVICES
A. Contractor agrees to provide legal representation pursuant to this Agreement for
certain indigent defendants (herein sometimes referred to as "Assigned Defendants") where the
Augusta Judicial Circuit, Office of the Public Defender as the contracting agency for Richmond
County Circuit Public Defender Office cannot represent a defendant due to a conflict of interest.
Representation shall begin when Contractor is notified of the case and shall extend to the final
disposition of the Pending Case assigned to Contractor through dismissal, plea, or trial.
Contractor shall be available one full day each week to appear before the State and Civil and
Magistrate Courts of Richmond County. Contractor must be present on the assigned day each
morning by 9:30 a.m. to receive assignment of cases of qualifying indigent Assigned Defendants,
and by 1:30 p.m. each afternoon on his/her assigned day for jail clearing assignments. There will
be one Contractor assigned to each day of the week. Cases will generally be assigned at
arraignment, calendar call, and probation revocation hearings on the day of court. However, on
other occasions, cases may be assigned prior to court and the information about the Assigned
Defendant will be faxed to Contractor from the Application Division of the Augusta Judicial
Circuit Office of the Public Defender. Contractor shall also attend jury trial court sessions,
motion sessions, and other court sessions as required to represent the Assigned Defendant
through completion of the case.
Contractor shall also be available on an "on call" basis one day per week to represent a
co-defendant beyond the first defendant when a conflict of interest situation arises.
If the Assigned Defendant is convicted at trial, Contractor shall timely file a general
Motion for New Trial to preserve the client's appellate review rights. Contractor shall then
notify the Augusta Judicial Circuit Office of Circuit Public Defender who shall assign appellate
counsel.
B. Contractor agrees to provide legal representation in Richmond County for Assigned
Defendants in all matters in the cases in which any or all of the following exist:
(i) a possibility that the Assigned Defendant may be sentenced to imprisonment,
(ii) a possibility that the Assigned Defendant will receive probation or suspension
of sentence of imprisonment; and
(iii) hearings on a revocation of probation petition when the Assigned Defendant
has new charges pending or when the Court orders that the Assigned Defendant be
represented by counsel.
C. Contractor agrees to provide legal representation in Richmond County for Assigned
Defendants in child support contempt proceedings.
D. In the event the Contractor cannot be available due to other business reasons,
vacation or other legitimate leave, and the Contractor cannot arrange for another Conflict
Contractor to cover for them, the Contractor shall notify the Office of the Public Defender in
sufficient time to secure alternative legal representation for the pending case and Contractor is
not to submit an invoice for work not performed.
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5. COMPENSATION
A. Contractor agrees to accept a discounted fee from Contractor's standard per-case rate
as provided herein.
B. Subject to deductions for non-attendance of Court Sessions as provided below,
AUGUSTA agrees to pay, and Contractor agrees to accept, Compensation of $1,666.00 per
month, payable monthly. Invoices shall be submitted on a monthly basis to the address provided
in¶ 18, no later than the 15th of each month following the completion of services.
C. The parties agree that full payment to Contractor by AUGUSTA of the amount set
forth in this paragraph shall constitute payment in full under the terms and conditions of this
Agreement.
D. As a condition of payment under the contract, Contractor must sign in on the
attendance sheet every morning and afternoon that Contractor is assigned to be in Court. As an
additional condition of payment, Contractor must submit a signed original invoice each and
every month in which Contractor must certify that he or she has performed the services for
representation of conflict clients in the Richmond County misdemeanor courts and child support
indigent clients in Superior Court under the contract for that month. The invoice and
certification must be sent to the Office of the County Administrator, 535 Telfair Street, Suite
910, Augusta, GA 30901, no later than the 5th day of the month following the month for which
payment is sought. The form of the invoice shall be in accordance with Exhibit 1 attached
hereto.
E. Contractor is to be physically present during all Court Sessions on their assigned day
or make arrangements for another Conflict Contractor to cover for them. Failure of Contractor to
be present for a Court Session without getting another Conflict Contractor to cover for them will
result in a$175 deduction from Contractor's monthly compensation.
6. EXPENSES
INCIDENTAL EXPENSES
(i) Without prior approval from AUGUSTA, Contractor may be reimbursed for
authorized incidental expenses, which shall include transcript costs, expert witness costs,
and translator costs up to an aggregate amount of$500 per fiscal year.
(ii) Any expenses exceeding the amount stated in (i) above must be approved by
AUGUSTA prior to being incurred by Contractor.
(iii) Requests for approval of transcript cost and/or expert expenses and/or
translator costs exceeding an aggregate amount of$500 per fiscal year must be submitted
in writing and include:
(a) a detailed estimate of the amount to be expended in a projected budget
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(including a timeline, if applicable); and
(b) an explanation of the necessity of the expense.
(iv) Invoices and any receipts for incidental expenses shall be submitted for
payment within 60 days of the date the expense is incurred to AUGUSTA at the address
specified in 1118.
(v) As the transcript of proceedings of record and other records will become the
property of the client after final conclusion of the case, and since the client is prohibited
by the Georgia Constitution from acting as co-counsel during his or her appeal,
AUGUSTA will not reimburse the Contractor for copies of transcripts furnished to an
Assigned Defendant.
(vi) Travel and mileage expenses will not be reimbursed.
7. CONTRACTOR'S DUTIES
A. Contractor shall perform the services in a professional manner, in accordance with the
constitutional standards for effective assistance of counsel, and in accordance with the standards
of the State Bar governing the practice of law, and the policies, procedures, and guidelines
adopted by Georgia Public Defender Standards Council (herein "GPDSC").
B. In representing the assigned defendants, Contractor shall:
(i) file an appearance in all assigned cases within 5 business days from the date of
receipt of the case;
(ii) contact the Assigned Defendant and establish a line of communication within
three business days from the date of receipt of the case, including meeting with the client
in the Richmond County jail;
(iii) consult with the client regularly, to keep the client reasonably apprised of the
status and developments of the case, and to answer the client's reasonable requests for
information;
(iv) exercise independent professional judgment regarding any investigations to
be performed, issues to be raised, and procedures to be followed;
(v) comply with the Scope of Services in¶4 above;
(vi) timely file all necessary pleadings.
(vii) exercise sound professional judgment whether to pursue discretionary
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remedies, such as an interlocutory appeal;
(viii) upon the conclusion of the case, furnish the client with the address of the
applicable Clerk of Court with instructions about how the client is to request a copy of
the sentence and/or final disposition; and
(ix)maintain the client's records and forward them, in the case of an appeal, as
the Augusta Judicial Circuit Office of Public Defender of the GPDSC directs; and
(x) shall not discriminate in the representation of clients on the basis of race,
color, religion, national origin, age, marital status, sex, disability, or any other status prohibited
by law; and
(xi) shall make all reasonable efforts to comply with the Americans with
Disabilities Act (ADA) and are encouraged to consult with AUGUSTA in conjunction with such
efforts; and
(xii) shall abide by AUGUSTA's policy regarding sexual harassment.
C. In working with AUGUSTA, Contractor shall:
(i) inform AUGUSTA in writing, before any other action, if Contractor
determines it becomes necessary to withdraw from a case for any reason; and
(ii) provide in writing to the Application Division of the Augusta Judicial Circuit
Office of the Public Defender Office the final disposition of a case within 10
days of the disposition, including date of disposition, all terms, and conditions of
sentence, if any; and
(iii) contact the Augusta Judicial Circuit Office of the Public Defender of the
GPDSC when the disposition of any trial is a conviction and discuss what further
action is to be taken.
D. Contractor acknowledges, and for good and valuable consideration hereby affirms,
Contractor's obligation to carry to final disposition, as defined in ¶ 2. B., all pending case(s)
assigned to Contractor.
E. Written notification required by Section 7. C. is provided by mail as specified in 1118
hereof.
8. LACK OF FUNDING AND TERMINATION
A. Notwithstanding any other provision of this Agreement, in the event there exists a
lack of appropriations from the Augusta, Georgia Commission or a lack of other funds or in the
event such funds no longer exist or if the sum of all obligations of AUGUSTA exceed the
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balance of funds available to AUGUSTA, then this Agreement shall immediately terminate
without further obligation of AUGUSTA, as of that moment. Certification by AUGUSTA of the
occurrence of either of the events stated above shall be conclusive.
B. In addition to any other methods of termination as provided elsewhere in this
Agreement, AUGUSTA may, for any reason and in its sole discretion, terminate this Agreement,
upon thirty(30) days written notice to the other party.
C. Contractor shall comply with ¶ 12 in the event this Agreement is terminated for lack
of funding.
9. TERMINATION
A. This agreement may also be terminated for the following reasons:
(i) Cause/Default. This agreement may be terminated for cause, in whole or in
part, at any time by AUGUSTA for failure of either of Contractor to perform any of the
provisions or to comply with any terms and conditions herein. If AUGUSTA exercises
its right to terminate this Agreement under the provisions of this paragraph, the
termination shall be accomplished in writing and specify the termination date. Upon
termination of this agreement, the Contractor shall not cause the State to incur any new
obligations.
(ii) 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 must give written notice of its intention to do so to the other party at least 30
days prior to the effective date of cancellation or termination and comply with ¶ 12
below.
(iii) The above remedies are in addition to any other remedies provided by law or
the terms of this agreement.
(iv) In the event of termination, Contractor shall return all case files and records
to the Office of Public Defender within five (5) days of the termination action. No final
payment for services will be authorized until all documents have been returned and
certified by the Office of Public Defender.
10. INDEPENDENT CONTRACTOR
In its relationship with AUGUSTA, and for purposes of performing this Agreement,
Contractor will be an independent contractor. Contractor will therefore be responsible for
compliance with all laws, rules and regulations involving this Agreement, his or her employees
and any subcontractors. Without limitation, such responsibility will include employment of
labor, hours of labor, health and safety, working conditions, workers' compensation insurance, or
payment of wages and withholding. AUGUSTA shall not be responsible for withholding,
unemployment or other taxes with respect to the Contractor's compensation hereunder.
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AUGUSTA shall not control or direct the time, place or manner of Contractor's performance
hereunder. The Contractor shall have no claim against AUGUSTA or the State hereunder or
otherwise for vacation pay, sick leave, retirement benefits, social security, worker's
compensation, health or disability benefits, unemployment insurance benefits, malpractice
insurance or employee benefits of any kind. Contractor warrants that all persons who perform
services under this Contract will be employees of Contractor or, in the case of expert witnesses,
independent contractors. Neither Contractor nor any of Contractor agents, servants, employees,
subcontractors or suppliers shall become or be deemed to become agents, servants, or employees
of AUGUSTA or the State. This Contract does not create a partnership,joint venture, agency or
association between Contractor and AUGUSTA, nor does it render AUGUSTA liable as partner,
co-venturer, agent or principal.
11. INDEMNITY
A. Contractor hereby waives, releases, relinquishes, discharges and agrees to indemnify,
protect and hold harmless the State of Georgia (including the State Tort Claims Trust Fund),
AUGUSTA, their officers and employees (collectively "indemnitees") of and from any and all
claims, demands, liabilities, loss, costs or expenses for any loss or damage for bodily injury
(including but not limited to death), personal injury, property damage, financial loss, attorneys'
fees caused by, growing out of, or otherwise happening in connection with this Agreement, due
to any act or omission on the part of Contractor, his agents, employees, subcontractors, or others
working at the direction of Contractor or on Contractor's behalf, or due to any breach of this
Agreement by Contractor.
B. This indemnification extends to the successors and assignees of the Contractor, and
this indemnification and release survives the termination of this Agreement and the dissolution
and, to the extent allowed by law, the bankruptcy of the Contractor.
C. To the extent such damage or loss is covered by the State Tort Claims Fund or any
other self-insurance funds maintained by the Department of Administrative Services
(collectively, the "Funds"), Contractor agrees to reimburse the Funds for any payments. To the
full extent permitted by the Constitution and laws of the State of Georgia and the terms of the
Funds, the Contractor and its insurers waive any right of subrogation against AUGUSTA, the
State of Georgia, the indemnitees, and the Funds and insurers participating thereunder, to the full
extent of this indemnification.
12. TRANSFER OF CASES BY AUGUSTA
Contractor's performance under this Contract requires Contractor to carry assigned cases
to final disposition. In the event this Agreement is terminated for any reason:
(i) Contractor shall ascertain that the client's interests are protected during this
period through and until complete transfer of the Assigned Cases by AUGUSTA to
another attorney; and
(ii) Contractor shall notify the client in writing; and
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(iii) Any other provisions notwithstanding, Contractor acknowledges that
Assignment of cases to Contractor was made by AUGUSTA or its designee, and
Contractor shall first inform AUGUSTA or its designee in writing if Contractor intends
to withdraw. In no case shall Contractor ask to be relieved of representation by the Court
without first seeking and obtaining written acknowledgment from AUGUSTA or its
designee; and
(iv) In the event an Assigned Case was completed with a conviction following
trial, Contractor shall timely transfer the file to AUGUSTA or its designee, in accordance
with law, court rule, and the State Bar of Georgia ethical standards; and
(v) Where the Contractor cannot represent the Assigned Defendant due to
conflict or other reason, it shall be the responsibility of the Contractor to immediately
notify AUGUSTA of her/his inability to serve; and
(vi) Contractor's failure to comply with these requirements shall constitute a
breach of this Agreement entitling AUGUSTA to receive all compensation paid to
Contractor.
13. SEVERABILITY
Any section, subsection, paragraph, term, condition, provision or other part (hereinafter
collectively referred to as "part") of this contract that is judged, held, found, or declared to be
voidable, void, invalid, illegal or otherwise not fully enforceable shall not affect any other part,
and the remainder of this contract 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 contract shall not
affect any other part, and the remainder of this contract shall continue to be of full force and
effect.
14. WAIVER
The waiver by a party of a breach of any provision contained in this contract shall not be
deemed to be a waiver of any subsequent breach of the same or other provision contained in this
contract.
15. GOVERNING LAW,JURISDICTION AND VENUE
This contract, 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 without regard to conflicts
of law provisions. The parties acknowledge and agree that by law, the exclusive jurisdiction for
any actions under this Agreement shall be the Superior Court of Richmond County, Georgia.
Contractor agrees that any fee dispute will be pursued separate and apart from Contractor's
representation in the Assigned Defendant's case.
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16. MODIFICATION OF CONTRACT
This agreement may be modified by mutual consent at any time, but no modification or
alteration of this agreement will be valid or effective unless such modification is made in writing,
signed by both parties, and affixed to this instrument.
17. RETAINED CLIENTS
Contractor may represent retained clients in the court(s) covered by this Agreement.
18. NOTICES
Any notices, requests, demands and other communications which may be required
hereunder shall be in writing and shall be sent by first class United States certified mail, return
receipt requested or by hand-delivery to the following:
Augusta,Administrator
Attn: Louis C. Brazzell
535 Telfair Street
Augusta, Georgia 30901
706-821-2400
and to Contractor at the following address:
Katrell Nash, GA Bar No.: 722089
Nash Law Office,LLC
437 Walker Street(Lower Level Suite)
Augusta, Georgia 30901
Tel: (706) 589—9530
Fax: (762) 245—2215
Email: Katrell@nashlawofficellc.com
19. DISCLAIMER
AUGUSTA shall have no responsibility or liability for any actions, causes of action,
claims, demands, costs, liabilities, expenses, or damages arising in connection with any claim
relating to the Deliverables or services provided by Contractor under this Contract or for any
injury or damage caused by Contractor to persons or property during the performance of this
Contract or for any loss or damage arising from the Contractor's actions.
20. ASSIGNMENT
The parties will not transfer their right, title or interest hereunder or delegate any of their
duties or obligations hereunder without the prior written consent of the other parties.
21. THIRD-PARTY BENEFICIARIES
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Nothing herein shall be construed as conferring upon or giving to any other person or
entity any rights or benefit hereunder or by reason of this Agreement, excepting only the State of
Georgia as specified in¶ 11 hereof.
22. REMEDIES CUMULATIVE
The rights and remedies of AUGUSTA under this Agreement are cumulative of one
another and with those otherwise provided by law.
23. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties with regard to its
subject matter and supersedes all other prior and contemporaneous agreements and
understandings between the parties.
24. TIME OF THE ESSENCE
Time is of the essence in this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in their names as of the date hereof
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