RES 2016-23 Adopted RESOLUTION NO. 2016-23
RESOLUTION AUTHORIZING THE CITY OF NORTH AUGUSTA TO ENTER INTO A
CONTRACT WITH THE AIKEN COUNTY PUBLIC DEFENDERS' OFFICE FOR THE
PROVISION OF REPRESENTATION OF INDIGENT DEFENDANT IN THE
MUNICIPAL COURT FOR THE CITY OF NORTH AUGUSTA
WHEREAS, as a result of changes by the South Carolina Legislature, as part
of the 2015 budget process, a proviso was placed within the budget that directed that the
Public Defenders' Offices could not provide representation to indigent Defendants and the
Municipal Courts of this State unless the City where the Municipal Court is held, enters into
a Contract for Services with the Public Defenders' Office; and,
WHEREAS, as a result of such change, the City entered into a contract for
the first six (6) months of 2016 with the Public Defenders' Office for the provision of
services; and,
WHEREAS, the General Assembly has not made any changes to this
requirement; and,
WHEREAS, the original six (6) month contract has expired; and,
WHEREAS, it is necessary that the City make arrangements for the
continued provision of indigent defense in the Municipal Court; and,
WHEREAS, the City Council has determined that it would be appropriate to
enter into an additional six (6) month contract with the Public Defenders' Office under the
same terms and conditions as the previous contract.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of
the City of North Augusta, South Carolina that the contract attached hereto, marked as
"Exhibit A" and incorporated by reference, with the Aiken County Public Defender's Office
is hereby authorized.
BE IT FURTHER RESOLVED that the funding source for the cost related to
this contract shall be the Justice and Law Division of the General Fund.
BE IT FURTHER RESOLVED that the City Administrator is authorized to
execute any documents necessary for the finalization of this matter.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS THE I DAY OF AUGUST,2016.
Lark W. Jones, yor
ATTEST: pp •
Donna B. Young,
Do g, y Clerk
ii
Ii
Exhibit A to Resolution 2016-23
AGREEMENT FOR SERVICES
This Agreement, is entered into as of the 1st day of July, 2016, between the CITY OF NORTH.
AUGUSTA (the "City") and the PUBLIC DEFENDER OF THE SECOND JUDICIAL CIRCUIT (the
"Public Defender"), and those parties hereby agree to the following terms in consideration of the mutual
benefits and promises to each party set forth hereinafter.
I. TERM OF AGREEMENT
The initial term of this Agreement shall commence retroactively as of July 1, 2016 and shall
expire on December 31, 2016, unless the parties mutually agree in writing to an extension of the term of
this Agreement.
2. DELIVERY OF SERVICES
The Public Defender shall provide legal representation to indigent defendants in the City's Municipal
Court who apply for and are found qualified to receive such services by the Aiken County Bond Court
under the applicable laws and rules of court of the State of South Carolina after screening by the Aiken
County Bond Court and the Public Defender to assess the applicant's qualifications for such services. The
City's Municipal Court shall be provided a copy of each order appointing counsel to a defendant in the
City's Municipal Court. The Public Defender and Judge of the City's Municipal Court shall consult with
each other as needed to discuss how the appointment process might be improved or how to address
concerns about appointments in specific cases.
3. BILLING AND PAYMENT
The Public Defender shall provide the City an itemized invoice City after the end of each calendar
month at the rate of$400.00 for each defendant appointed to be represented by the Public Defender by the
Aiken County Bond Court during that month. The City shall remit payment on the invoice within 20 days
of receipt of the invoice. Prior to the date the first monthly invoice is issued, the Public Defender, the
City and the Aiken County Finance Director shall agree on how the payee will be listed on the City's
payments for these services and to what address they will be sent or delivered. The Public Defender and
City will work cooperatively to resolve any billing or payment issues.
4. COORDINATION OF SERVICES
The person responsible for coordinating the services under this Agreement for the Public
Defender is:
Name: Grant Gibbons
Title: Circuit Defender for 2°" Judicial Circuit
Phone: 642-1732
Email: ggibbons@aikenpd.com.
The person responsible for coordinating the services under this Agreement for the City is:
Name: Cindy Luckey
Title: Court Supervisor
Phone: 441-4273
Email: cluckey@northaugusta.net.
5. INSURANCE
At all times during every term of this Agreement, the Public Defender will be responsible for
providing insurance coverages for its employees or agents providing the services that are the subject of
this Agreement.
6. AMENDMENTS
This Agreement shall not be amended, altered or changed except by a written agreement signed
by both parties.
WHEREAS, each party to this Agreement has caused it to be executed on its behalf by its
authorized representative, and this Agreement is effective as of the date entered in the first paragraph on
page 1 hereof.
Public Defender of the Second Judicial Circuit City of North Augusta, South Carolina
By: By:
Title: Circuit Defender Title: City Administrator
Date: , 20l6 Date: , 2016