HomeMy WebLinkAbout05- Derik Pomeroy Agreement for Public Defender
AGREEMENT FOR PUBLIC DEFENDER
THIS AGREEMENT made this -2.9.:th day of June , 2005, by and between
Derik Pomeroy, Attorney at Law, whose address is P.O. Box 6028, Bozeman, Montana 59771-6028,
hereinafter referred to as "Public Defender," and the CITY OF BOZEMAN, a municipal corporation
of the state of Montana, with principal offices at 411 East Main Street, Bozeman, Montana 59715,
hereinafter referred to as "Bozeman," and the CITY OF BELGRADE, with principal offices at 91
East Central, Belgrade, Montana 59714, hereinafter referred to as "Belgrade."
WHEREAS, the City of Bozeman and the City of Belgrade have determined that it is in their
best interest of effective administration of justice to retain attorneys to represent indigent criminal
defendants who appear in Bozeman Municipal Court; and,
WHEREAS, after consultation with City administration of Bozeman and Belgrade, the
Honorable Karl P. Secl and the Honorable Michele Snowberger, have determined that the above-
names Public Defenders should be retained to represent indigent criminal defendants.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND OF THE
MUTUAL COVENANTS AND TERMS HEREINAFTER CONTAINED, the Parties hereby agree
as follows:
1. Professional Services to be Performed: The Public Defender shall provide counsel
and representation to those indigent persons assigned to them by the Bozeman Municipal Court
Judge or the Belgrade City Court Judge. Further, the Public Defender shall assist Court Services in
determining the financial ability of assigned persons to reimburse Bozeman and Belgrade, in whole
or in part, for court-appointed counsel expense. The Public Defender shall monitor assigned person's
ability to pay for said counsel and shall notify Court Services of any changes in the individual's
ability to pay for court-appointed counsel.
2. Time of Performance: Under this contract, the services of the Public Defender shall
be in force for the fiscal year 2006. This contract shall become effective on July 1, 2005 and shall
tenninate on June 30, 2006. However, either party may terminate this agreement at any time prior to
June 30, 2006 by providing thirty (30) days' written notice to the other party at its address recited
herein.
3. Payment: The City shall pay to the Public Defender, and the Public Defender agrees
to accept as full payment for the professional services furnished under this Agreement, including any
appeal which may arise from a case which was initially filed in the Bozeman Municipal Court or
Belgrade City Court, the sum of Two Thousand Nine Hundred Twenty-Five and No/IOO ($2,925.00)
per month for each calendar month of this Agreement. The Public Defender shall submit itemized
monthly statements to the City of Bozeman detailing time spent and work performed on each case
assigned in accordance with the City of Bozeman's warrants payable procedures. No expenses shall
be paid to the Public Defender outside the contract amount absent prior written approval.
4. Status of Public Defender: The parties to this contract agree that the Public Defender
is a professional person and that the relation created by this contract is that of an independent
contractor. Public Defender is not an employee of the City of Bozeman or the City of Bclgrade, and
is not entitled to the benefits provided by the City of Bozeman or City of Belgrade to its employees,
including but not limited to group insurance and pension plan. Public Defender may practice his
Bozeman/Belgrade Agreement for Public Defender
Page 1
profession for others during those periods when contractor is not perfonning work under this contract
for Bozeman and Belgrade. Bozeman and Belgrade may, during the term of this contract, engage
other independent contractors to perform the same work that the Public Defender performs
hereunder.
5. Allocations of Cases: Every effort shall be made to keep the assignment of cases
between Public Defenders under contract with the Bozeman and Belgrade as equal as possible.
6. Assignment: Neither this agreement nor any interest herein, or elaim hereunder, shall
be assigned or transferred by Public Defender to any party or parties.
7. Indemnification: Public Defender shall hold harmless, indemnify and defend
Bozeman and Belgrade, its officers and employees against all liability or loss, and against all claims
or actions based on or arising out of damage or injury (including death) to persons or property caused
by or sustained in connection with the performance of the contract or by conditions created thereby,
or based on any violations of any statute, ordinance, or regulation. Public Defender shall also
indemnify Bozeman and Belgrade against all liability and loss in connection with, and shall assume
full responsibility for, payment of all federal, state, and local taxes or contributions imposed or
required under unemployment insurance, social security and income tax laws, with respect to
contractor's employees engaged in performance of the contract.
8. Entire Agreement: This Agreement constitutes the entire agreement between the
parties. No alterations, modifications, or additions to this Agreement shall be binding unless reduced
to writing and signed by the parties. No covenant, term, or addition to this Agreement shall be
deemed waived by parties unless such waiver shall be reduced to writing and signed by the parties.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and
year first above written.
PUBLIC DEFENDER:
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Derik Pomeroy, Atto at Law
CITY OF BOZEMAN
By~l~'
Chris Kukulski, City Manager
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By:
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Robin 1. Sullivan, Clerk of Commission
Bozeman/Belgrade Agreement for Public Defender
Page 2
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Bozeman/Belgrade Agreement for Public Defender
CITY OF BELGRADE
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Page 3