HomeMy WebLinkAbout05- I.A. Bozeman and Belgrade Public Defenders Services
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INTERLOCAL AGREEMENT
CITY OF BOZEMAN - CITY OF BELGRADE
PUBLIC DEFENDER SERVICES
This Agreement is made and entered into this 6th day of June, 2005, between the City of
Bozeman, Montana and the City of Belgrade.
WHEREAS, the Gallatin County Public Defenders Office has proposed a budget that makes joint
public defender services for Gallatin County that include the cities of Bclgrade and Bozeman no
longer financially and operationally feasible; and
WHEREAS, Senate Bill 146 provides for the assumption of public defender services by the State of
Montana under a statewide public defender system on July 1, 2006; and
WHEREAS, it is a financially and operationally advantageous to the City of Belgrade and the City
of Bozeman to jointly contract for public defender services for one year until the assumption of
public defender services by the State of Montana; and
WHER EAS, the City of Belgrade and the City of Bozeman desire to enter into this Interlocal
Agreement for the provision of public defender services for one year; and
WHEREAS, the City of Belgrade and the City of Bozeman have the authority to enter into this
Agreement pursuant to Sections 7-11-101 through 7-11-108, MCA.
NOW, THEREFORE, the City of Belgrade and the City of Bozeman agree as follow:
1. PURPOSE OF INTERLOCAL AGREEMENT
The purpose of this Agreement is to establish the financing of public defender services for the City
of Bozeman and the City of Belgrade for one year. No separate legal entity is being created by this
Agreement.
2. DURATION AND TERMINATION
The term of this Agreement is for one year commencing July 1,2005 and ending on June 30,2006,
unless the parties agree to mutually extend this A,b'Teement in writing. Either party may tem1inate
this Agreement earlier by providing thirty (30) days written notice. Any unspent funds shall be
distributed to participating entities based upon percentage of funds contributed.
3. FINANCING AND ADMINISTRATIONS
The City of Bozeman shall establish, maintain and administer a separate fund to account fc)[
contracted public defender services. The City of Bozeman shall make an appropriation to this fund
of Sixty Thousand and Noll 00 Dollars ($60,000.00) for fiscal year 2006. The City of Belgrade
shall deposit into this fund Ten Thousand Two Hundred Dollars and Noll 00 Dollars ($10,200.00)
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on or bef(lre August I, 2005. Any additional costs, to inelude but not limited to investigators,
expert, and conflict counsel will be paid by the entity incurring the costs.
4. NOTICES
All notices required under this Agreement shall be deemed to be properly served as delivered in
writing, personally or scnt by certified or registered mail to the parties addresses as follows, until,
changed by notice in writing:
City Manager City Manager
City of Bozeman City of Belgrade
P.O. Box 1230 91 East Central
Bozeman, MT 597710- 1230 Belgrade, MT 59714
The date of mailing shall be deemed the date of giving such notice and service thereof.
5. AMENDMENTS
The tenns a conditions ofthis Agreement may not be modified or amended except by an instrument
in writing executed by each of the parties. No oral modification shall be enforceable.
6. SEVERABILITY
The provisions of this Agreement shall be deemed independent and severable, and the invalidity,
partial invalidity, or un enforceability of any on provision or portion therefore, shall not affect the
validity or enf()rceability or any other provision herein.
7. RECORDATION
This Agreement shall be filed with the Gallatin County Clerk and Recorder, Belgrade Finance
Director, Clerk of the Bozeman City Commission and Montana Secretary of State, as required by
Section 7-11-107, MCA.
DA TED this 6th day of June, 2005.
CITY OF BOZEMAN
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Chris A. Kukulski, City Manager
ATTEST:
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Robin L. Sullivan
Clerk of Commission
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CITY OF BELGRADE
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Marilyn Foltz
Director of Financc
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