Loading...
HomeMy WebLinkAbout89- County, Bozeman, Belgrade Public Defenders Office , . . . .. ~ INTERLOCAL AGREEMENT GALLA TIN COUN TY - CITY OF BOZEMAN - CITY OF BELGRADE PUBLIC DEFENDERS OFFICE This Agreement is made and entered into this '2 0 day of May, 2003, between Gallatin County, Montana (County); the City of Bozeman, Montana; and the City of Belgrade. WHEREAS, it is a financial and operationally efficient advantage to the County and City governments and their citizens to consolidate and establish a joint and coordinated public defenders program to be known as the Public Defenders Office (Office). WHEREAS, it will be efficient to provide the location at the Law and Justice Center, 615 S. 16th, Bozeman, because of the proximity of the Detention Center; the presence of the District, Justice and Municipal Courts; the close proximity of Belgrade; and the availability of the space that will be vacated by the Law Library. WHEREAS, the aftermath of district court assumption has caused some major adjustments; 2003 legislative budget discussions give reason for concern about the future of reimbursement to local governments for indigent defense; legislative issues have included centralized management and funding of public defense; and our local governments should respond in the most coordinated and efficient manner. WHEREAS, the Gallatin County Criminal Justice Coordinating Council has identified a public defenders office as one of the highest priorities to improve the effectiveness and efficiency of the criminal justice system, and to alleviate the pressure of the jail population. WHEREAS, the County and Cities desire to enter into this lnterlocal Agreement by which the County and Cities will pay their proportionate shares for, and participate in, the operation of the Office. WHEREAS, the County and Cities have the authority to enter into this agreement pursuant to Sections 7-11-101 through 7-11-108, MCA. NOW, THEREFORE, the County and Cities af,'Tee as follows: 1. PURPOSES OF INTERLOCAL AGREEMENT. The purposes of this Agreemcnt are to establish the operation and financing of a public defenders office that will replace the present system of independent contractors under the district court, justice court, municipal court, and city court judges; and to establish the line of accountability and responsibility from the Chief Public Defender to the Cities and County. . . . 2. GOALS. The goals of this Agreement are, in accordance with the constitutional mandates, to more efficiently and effectively provide assistance of counsel in representing indigent persons involved in criminal cases, juvenile delinquency cases, mental commitments, youth in need of care, and parents in abuse and neglect cases; and under the direction of the Chief Public Defender, and in keeping with standard protocols, arrange for psychiatric examinations, pursue private investigations, secure experts, represent defendants before the Sentence Review Board, and undertake other such matters as appropriate of the Office. 3. DURA TION. The term of this Agreement shall be for a period of 5 years, and shall continue and be automatically renewed unless terminated pursuant to Section 8 or modified pursuant to Section 15. 4. ADMINISTRA TIVE OVERSIGHT. The Chief Public Defender will be hired by an Administrative Panel of three, including the Gallatin County Commissioner who is a member of the Criminal Justice Coordinating Council, the Bozeman City Manager, and the Belgrade City Manager. The Panel will also have the authority to fire the Chief Public Defender. 5. FINANCING. The following provisions shall become effective on or before July 1,2003. a. The County shall establish and maintain a separate fund to account for the Office funds. For FY 2004, that fund shall represent one-time costs of $50,000 for remodeling; 74.52 percent of the Distributed Costs of the Office's approved budget for services required by the District Court; and 10.50 percent of the Distributed Costs for services required by the Justice Court. The County will continue to fund 74.52 percent and 10,50 percent of the Distributed Costs of this budget, increased by thc rate of inflation determined by the annual University of Montana Economic Indicators Report, for FY 2005. b. Bozeman shall deposit 8.43 percent, and Belgrade shall deposit 2.10 percent, of the Distributed Costs of the Office's approved budget, into the County's separate fund. Foi'the first year of the operation, the Cities' monies shall be deposited on or before October 1, 2003. In subsequent years, the monies shall be deposited on or before July 20 of each year. The Cities will continue to fund 8.43 and 2.10 percent of the Distributed Costs of this budget, plus a standard rate of inflation determined by the annual University of Montana Economic Indicators Report, for_FY 2005. c. In preparation for FY 2006, FY 2007 and FY 2008 budgets, and for all subsequent budgets, the Chief Public Defender shall submit a proposed budget to the Administrative Panel, including a review of the caseload and allocations of time, to ensure that the contributions of the Cities and County accurately reflect the cost of services which each governmental unit receives. The Administrative Panel will make any changes they believe are necessary, and its recommendation will be submitted to the County and Cities. . . . , 6. OFFICE STAFF. The personnel of the Office shall be hired, supervised, and administered by the Chief Public Defender under the human resources policies of Gallatin County. 7. PROPERTY INTEREST. Ownership of equipment and furniture purchased for the Office shall be retained in the percentages of the original contribution. The fixtures and partitions from remodeling shall be the property of the County. 8. TERMINATION AND PROPERTY DISPOSAL. Any party may terminate this Agreement by providing the others with written notice of intent to terminate. The notice shall be given no later than 90 days before the end of the second year of this agreement or 90 days before the end of any fiscal year thereafter. In the event the State Legislature enacts any law that substantially affects this agreement, any party may terminate the agreement by providing notice within 90 days of the Governor's signature of the bill. Upon termination, the property shall be divided in proportion to the original contribution. The other parties to whom the written notice of intent to ternlinate is given shall have the option to purchase all of the property which was jointly purchased during the term of the Agreement at its fair market value at the time of termination, to be mutually agreed upon by the County and Cities. If the Cities and County are unable to agree on the valuation of the property, fair market value shall be determined by three appraisers, one to be chosen by Bozeman, one to be chosen by the County, and one by the two chosen appraisers. Any unspent funds shall be distributed to participating entities based on percentage of funds contributed. 9. MEDIATION. Should a question or dispute arise as to the meaning of the scope or any provision of this Agreement, the question or dispute may be submitted to a mediator chosen from the Gallatin County Bar Association. A request to mediate shall be submitted in writing by the party desiring mediation and shall specify the question or ~ dispute for mediation. With ten (IO) working days after receipt of a request for ~ mediation, the party receiving the request shall submit a written response stating its position on the question in dispute. If no agreement or resolution is reached withiri ten (10) working days after receipt of the response by the requesting party, the party requesting mediation shall provide a list of three (3) names from the Gallatin County Bar Association. Upon receipt of the list of names the party not requesting mediation shall strike a name from the list. The other party shall then strike a name. The person left shall be the mediator. The decision of the mediator is not binding on the parties. Each party shall be equaIly responsible for the costs of the mediator. The mediator shall only issue a decision with respect to the question or dispute. . . . 10. REVIEW/EV ALUA TION. This Agreement shall be reviewed not later than one year after its effective date by the County and Cities, and the Criminal Justice Coordinating Council, to evaluate the efficiency of the organizational structure. Modifications may be recommended and made according to Section 15 of this Agreement. 11. INSURANCE. a. Once the Public Defender's Office begins operation, and throughout the tenn of this lnterlocal Agreement, Gallatin County shall have in full force and effect the following insurance: a policy of liability insurance coverage with limits at least equal to those speci fied in Section 2-9-108, MCA; Workers' Compensation Insurance sufficient to comply with Montana law; and property insurance adequate to cover replacement cost for the property in the office. b: Where any claim or lawsuit is filed against Gallatin County arising out of the operation of the Public Defender's Office, where Gallatin County or its insurer is required to defend against the claim or lawsuit, and to the extent the expenses are not covered or paid by the County's insurer, the following expenses may be charged back to the parties to this lnterlocal Agreement in the ratios set forth in Paragraph 5, "FINANCING": damages or settlement amounts; attorney's fees; court ordered costs; defense costs such as discovery expenses; and insurance deductiblcs. Provided, however, any charge back will be reduced by the payment of similar expenses paid by either Belgrade or Bozeman when it or its insurer is required to defend against a claim or lawsuit to the extent the expenses are not covered by their insurer. 12. NON-WAIVER. Waiver by any party of strict performance or any provision of this Agreement shall not be a waiver of or prejudice the parties' rights to require strict performance of the same provision in the future or of any other provisions. 13. NOTICES. All notices required under this Agreement shall be deemed to be properly served if delivered in writing, personally or sent by certified or registered mail to' the parties' addresses as follows, until changed by notice in writing: the Chairman of the Gallatin County Commission, Courthouse, 311 West Main St., Bozeman, MT, 59715; the City Manager, PO Box 1230, Bozeman, MT, 59771; and the Belgrade City Manager, 91 East Central, Belgrade, MT, 59714. The date of mailing shall be deemed the date of giving such notice and service thereof. 14. 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, tenn, or addition to this Agreement shall be deemed waived by either party unless such waiver shall be reduced to writing and signed by the parties. . ~ . 15. AMENDMENTS. The terms and conditions of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. No oral modification shall be enforceable. 16. SEVERABILITY. The provisions of this Agreement shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability or any other provision herein. 17. EFFECTIVE DATE. This Agreement shall be effective after approval by the respective governing bodies. It is the intent that said Agreement shall be effective on the date stated in the first paragraph of this Agreement. 18. RECORDATION. This Agreement shall be filed with the Gallatin County Clerk and Recorder, Belgrade Finance Director, Clerk of Bozeman City Commission, and Montana Secretary of State, as required by Section 7-11-107, M CA. ...,1- DATED this ~ day of IYJ .. f ' 2003 GALLATIN COUNTY COMMISSION ATTEST: ~~~~ ,51t'l/t ~A1~ Shelley Va e- Clerk and ecorder CITY OF BOZEMAN ,- j \ ~ Clark V. Johnson City Manager A~EST: .JL~~y~ Robin L. Sullivan Clerk of the Commission J f ~)~ Mari1 FoIt - Director of Finance " ~ ~ . PUBLIC DEFENDERS FY03 % FY04 FY 05 COSTS PROPOSAL POSSIBLE District Court $ 355,000 78,00% $ 436,653 $ 383,282 Justice Court $ 50,000 10,99% $ 54,458 $ 53,983 Bozeman $ 40,157 8,82% $ 43,738 $ 43,356 Belgrade $ 10,000 2,20% $ 10,892 $ 10,797 Three Forks $ - 0.00% $ $ - Manhattan $ - 0,00% $ - $ - West Yellowstone $ - 0,00% $ $ - $ 455,157 100,00% $ 545,741 $ 491,418 Personnel: Chief Public Defender $ 60,000 Deputy P,D.'s (4 @ 33K to 50K) 168,000 Investigator / Para Legal 30,000 Office Staff 25,000 283,000 Fringe @ 28% 79,240 Personnel Total $ 362,240 $ 362,240 $ 380,352 Operations Rent 13,000 Telephones 4,000 Insurance 5,000 Investigations 20,000 Forensic review & expert consultation 40,000 Supplies, Travel, Other 10,000 Operating Total 92,000 92,000 96,600 subtotal 454,240 Capital Computers 7 17,500 5,833 Furniture 7 14,000 1 ,400 - Copier 10,000 Remodel 50,000 - Capital Total 91 ,500 91,500 7,233 TOTAL $ 545,740 $ 491 ,419 Distributed Costs $ 495,7 40 $ 491,419 County Only $ 50,000 $ -