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Public Safety Committee Meeting Commission Chamber- 5/31/2016- 1:05 PM
PUBLIC SAFETY
1.For Commission information purposes. The Augusta Fire
Department will be hosting the 2016 Georgia Fire Service
Conference.
Attachments
2.Motion to approve entering into a Mutual Aid Agreement with
the City of North Augusta to provide for the protection of life
and property of the citizens of Augusta-Richmond County,
Georgia and North Augusta and to authorize the Mayor to
execute the appropriate documents.
Attachments
3.Update from the Augusta Fire Chief regarding state law relative
to fencing around apartment complexes, manufactured home
parks, and one-way egress and ingress. (Requested by
Commissioner Marion Williams)
Attachments
4.Motion to approve the minutes of the Public Safety Committee
held on May 10, 2016.
Attachments
5.Motion to approve the renewal of Superior Court's case
manager service agreement.
Attachments
6.Motion to approve acceptance of Criminal Justice Coordinating
Council 2017 Grant Award for the Accountability Court DUI
court program.
Attachments
7.Motion to approve acceptance of 2017 Criminal Justice
Coordinating Council grant award.
Attachments
Public Safety Committee Meeting
5/31/2016 1:05 PM
2016 Georgia Fire Service Conference Hosting Fire Department
Department:Fire
Presenter:Christopher E. James, Fire Chief/EMA Director
Caption:For Commission information purposes. The Augusta Fire
Department will be hosting the 2016 Georgia Fire Service
Conference.
Background:The Georgia Fire Service Conference is jointly sponsored by the
Georgia State Firefighters Association (GAFA) and the Georgia
Association of Fire Chiefs (GFFC). This conference attracts
around 250 firefighters from across the state and includes
attendees from career, combination and volunteer
departments. The location was voted on by the GSFA and GAFC
membership at the joint business session held on the final day of
the Georgia Fire Service Conference the preceding year.
Analysis:
Financial Impact:
Alternatives:None at this time.
Recommendation:For information only.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
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Clerk of Commission
Cover Memo
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Public Safety Committee Meeting
5/31/2016 1:05 PM
Approve Mutual Aid Agreement with North Augusta
Department:Fire
Presenter:Christopher E. James, Fire Chief/EMA Director
Caption:Motion to approve entering into a Mutual Aid Agreement with the
City of North Augusta to provide for the protection of life and
property of the citizens of Augusta-Richmond County, Georgia
and North Augusta and to authorize the Mayor to execute the
appropriate documents.
Background:This agreement is to provide for assistance when disasters occur to
the magnitude which would necessitate the combined effort of
both agencies to mitigate said disaster(s) and is applicable to all
areas within the boundary of North Augusta, as well as all areas
within Augusta Richmond County, Georgia
Analysis:
Financial Impact:
Alternatives:None at this time
Recommendation:: Approve a Mutual Aid Agreement with the City of North
Augusta to provide for the protection of life and property of the
citizens of Augusta-Richmond County, Georgia and North
Augusta and to authorize the Mayor to execute the appropriate
documents.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:Cover Memo
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Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Public Safety Committee Meeting
5/31/2016 1:05 PM
Magnolia Apartments Fence
Department:
Presenter:Commissioner Marion Williams
Caption:Update from the Augusta Fire Chief regarding state law relative
to fencing around apartment complexes, manufactured home
parks, and one-way egress and ingress. (Requested by
Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
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Public Safety Committee Meeting
5/31/2016 1:05 PM
Minutes
Department:Clerk of Commission
Presenter:
Caption:Motion to approve the minutes of the Public Safety Committee
held on May 10, 2016.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
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Public Safety Committee Meeting
5/31/2016 1:05 PM
Motion to Approve Renewal of Accountability Court Case Manager Service Agreement
Department:Superior Court
Presenter:Shaun Brooks (Court Admin.) and/or Elaina Ashley (Acct. Courts
Coordinator)
Caption:Motion to approve the renewal of Superior Court's case manager
service agreement.
Background:The Accountability Courts' case manager is responsible for
assisting the Coordinator with the day-to-day operations of
Superior Court's Drug, Mental Health, and Veterans Courts. The
case manager is responsible for participant intake interviews,
outreach to providers, data entry, and all other duties contained
within the attached agreement, as deemed necessary by the
Coordinator. A current state grant pays for a majority of this
position's expenses.
Analysis:
Financial Impact:Contractor would be paid mostly from state grant funds (90%),
with the remaining 10% match coming from Drug Court
Participant fees and the salary the we pay our Accountabily Courts
Coordinator.
Alternatives:
Recommendation:Approve
Funds are Available
in the Following
Accounts:
State Adult Felony Drug Court Grant (Grant # J168004); Org Key
220022621
REVIEWED AND APPROVED BY:Cover Memo
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Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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AUGUSTA JUDICIAL CIRCUIT/BURKE COUNTY, COLUMBIA COUNTY, AND RICHMOND COUNTY GEORGIA
Augusta Judicial Circuit
Accountability Courts
James H. Ruffin, Jr. Courthouse
735 James Brown Blvd., Suite 2200
Augusta, GA 30901
James G. Blanchard, Jr.
SUPERIOR COURT JUDGE
Elaina Ashley, Coordinator
(706) 823-4424
AGREEMENT
THIS AGREEMENT is effective as of the _1st_ day of _July_, 2016, by and between AUGUSTA-
RICHMOND COUNTY, a political subdivision of the State of Georgia, acting by and through its governing
authority, the Augusta-Richmond County Board of Commissioners (“County”) in conjunction with the Augusta
Judicial Circuit Accountability Courts (Adult Felony Drug, Mental Health, and Veterans Treatment Courts) and Minh
Le Pecinkas (herein “Contractor”), collectively referred to as the “Parties.”
This Agreement constitutes the entire understanding between Augusta Judicial Circuit Accountability Courts and
Minh Le Pecinkas for the services of Case Management and shall not be modified or altered in any way without the
express written agreement of all parties.
WITNESSETH THAT:
WHEREAS, the County and the Augusta Judicial Circuit Accountability Courts desire to obtain a Contractor
to provide services generally described as Case Management Services (the “Work”); and
WHEREAS, the County finds that specialized knowledge, skills, and training are necessary to perform the
Work contemplated under this Agreement; and
WHEREAS, the Contractor has represented that s/he is qualified by training and experience to perform the
Work; and,
WHEREAS, the Contractor has agreed to provide such services as outlined in this agreement; and,
WHEREAS, the public interest will be served by this Agreement; and,
NOW, THEREFORE, the Parties hereby do mutually agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Project Description
The project is described as Case Management Services.
B. The Work
The Work to be completed under this Agreement (the “Work”) consists of the following:
The Contractor shall perform the following services for those adult offenders referred to the Augusta
Judicial Circuit Accountability Courts (referred to herein as “Superior Court” or “Court”).
a. Case Management Services. The Contractor shall provide the following services:
Monitor participants placed in the Accountability Courts by Superior Court, and advises
participants of program requirements/conditions; conducts visual observations for participants,
confirms participant’s residences, employment or other situations.
1. Case management planning follows individuals from assessment and systematically
addresses core risk factors associated with treatment as well as link participants with the
appropriate level of treatment deemed necessary.
2. Contractor collects urine/saliva samples specific to drug testing, administers drug tests, and
reports results to the Accountability Courts Coordinator.
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3. Contractor will report violations or cases of compliance/non-compliance to the court,
establish, update, manage (research and update records as needed) case files, and enter case
information into computerized case management system.
4. Contractor must attend court sessions and other relevant hearings, testify at court hearings
regarding violations, policies, procedures or other issues.
5. Contractor connects participants to ancillary services and assists with programmatic needs.
6. Contractor will submit summaries regarding participant progress to the Accountability
Courts Coordinator by specified deadlines.
b. Communication. The Contractor shall utilize the Accountability Court Coordinator as the
Centralized Clearinghouse of Information/Communications.
a. The Contractor shall deliver weekly written participant reports to the Coordinator.
1. Participant reports shall consist of general details as to the participants who received
case management services for the week, their compliance and/or non-compliance
with case management requests, and their program status. A reporting form will be
provided by the Superior Court.
a. The Contractor shall meet weekly (and/or at such dates/times deemed necessary
by the Coordinator and/or Contractor) with the Coordinator so that there may
be a "briefing" (or information gathering session) as to the participants who
received (and/or are to receive) treatment services for that week.
b. In the event that the Contractor determines that a participant needs case
management/ancillary services, the Contractor shall provide case management
referrals for ancillary services to the participant with notification given to the
Coordinator.
c. Trainings and Court Sessions. The Contractor will not charge the Court for attendance of its
personnel at any count-sanctioned trainings, conferences, programs, or court sessions. Such
attendance is covered by the overall scope of services of treatment.
C. Schedule, Completion Date, and Term of Agreement
Contractor warrants and represents that it will perform its services in a prompt and timely manner,
which shall not impose delays on the progress of the Work. This Agreement shall, after signature of
both parties, begin on July 1, 2016 and end on June 30, 2017. In the event of termination of this
Agreement by Contractor or by the Circuit, the Contractor shall be entitled to receive payment only
for work actually performed prior to termination.
II. WORK CHANGES
A. The Circuit reserves the right to order changes in the Work to be performed under exhibit “A” by
altering, adding to, or deducting from the Work. All such changes shall be incorporated in written
change orders executed by the Contractor and the Circuit. Such change orders shall specify the
changes ordered and any necessary adjustment of compensation and completion time. The parties
will negotiate to reach an agreement. If an agreement cannot be reached, the original contract scope
of work stands.
B. Any Work added to the scope of this Agreement by a change order shall be executed under all the
applicable conditions of this Agreement. No claim for additional compensation or extension of time
shall be recognized, unless contained in a written change order duly executed on behalf of the County
and the Contractor.
C. The Superior Court Judge assigned to the Accountability Courts, or his/her designee, has authority to
execute without further action of the Augusta Judicial Circuit, any change orders to be agreed upon
by the Contractor as stated above so long as their total effect does not materially alter the terms of
this Agreement or materially increase the total amount to be paid under this Agreement, as set forth
in Section III below.
III. COMPENSATION AND METHOD OF PAYMENT
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A. Case Management Services
The Contractor shall be compensated in the amount of $17.43 per hour, with maximum
compensation not to exceed $1,307.25 bi-monthly or $34,000.00 annually. The contractor shall work
no more than 37.5 hours per week. The contractor must meet all job description requirements listed
in this document. Compensation is specifically for case management services provided for the
Accountability Courts Programs.
B. Prompt Payment Act
The terms of this agreement supersede any and all provisions of the Georgia Prompt Payment Act.
IV. COVENANT OF CONTRACTOR
A. Expertise of Contractor
Contractor accepts the relationship of trust and confidence established between it and the county,
recognizing that the Circuit’s intention and purpose in entering into this Agreement is to engage an
entity with the requisite capacity, experience, and skill and judgment to provide the services in pursuit
of the timely and competent completion of the Work undertaken by Contractor under this
Agreement.
B. Circuit's Reliance on the Work
The Contractor acknowledges and agrees that the Circuit does not undertake to approve or pass upon
matters of expertise of the Contractor and, therefore, the Circuit bears no responsibility for
Contractor’s services performed under this Agreement.
C. Assignment of Agreement
The Contractor agrees not to assign or transfer any interest in, nor delegate any duties of this
Agreement, without prior express, written consent of the Circuit. As to any approved subcontractors,
the Contractor shall be solely responsible for reimbursing them and the Circuit shall have no
obligation to them.
D. Responsibility of Contractor and Indemnification of Circuit
The Contractor covenants and agrees to take and assume all responsibility for the services rendered
in connection with this Agreement. The Contractor shall bear all losses and damages directly or
indirectly resulting to it on account of the performance or character of the services rendered pursuant
to this Agreement. Contractor shall defend, indemnify and hold harmless the Circuit, its officers,
boards, commissions, elected officials, employees and agents from and against any and all claims,
suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to,
attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the
Work, performance of contracted services, or operations by the Contractor, any subcontractor,
anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts
the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused
in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge,
or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any
party or person described in this provision. In any and all claims against the Circuit or any of its
agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or
indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or
subcontractor may be liable, the indemnification obligation set forth in this provision shall not be
limited in any way by any limitation on the amount or type of damages, compensation or benefits
payable by or for the Contractor or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend
the Circuit, its members, officers, agents, employees and volunteers shall survive termination of this
Agreement.
F. Independent Contractor
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Contractor hereby covenants and declares that it is engaged in an independent business and agrees to
perform the services as an independent contractor and not as the agent or employee of the Circuit or
the County. The Contractor agrees to be solely responsible for its own matters relating to the time
and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary
to complete the services; hiring of Contractors, agents or employees to complete the services; and
the payment of employees, including compliance with Social Security, withholding and all other
regulations governing such matters. The Contractor agrees to be solely responsible for its own acts
and those of its subordinates, employees, and subcontractors during the life of this Agreement Any
provisions of this Agreement that may appear to give the Circuit the right to direct Contractor as to
the details of the services to be performed by Contractor or to exercise a measure of control over
such services will be deemed to mean that Contractor shall follow the directions of the Circuit with
regard to the results of such services only.
G. Records and Reports
(1) Records:
(a.) Records shall be established and maintained by the Contractor in accordance with
requirements prescribed by the Circuit with respect to all matters covered by this Agreement.
Except as otherwise authorized, such records shall be maintained for a period of three years
from 'the date that final payment is made under this Agreement. Furthermore, records that
are the subject of audit findings shall be retained for three years or until such audit findings
have been resolved, whichever is later.
(b.) All costs shall be supported by properly executed payrolls, time records, invoices,
contracts, or vouchers, or other official documentation evidencing in proper detail the
nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders
or other accounting documents pertaining in whole or in part to this Agreement shall be
clearly identified and readily accessible.
(2) Reports and Information:
Upon request, the Contractor shall furnish to the Circuit any and all statements, records, reports,
data and information related to matters covered by this Agreement in the form requested by the
Circuit.
H. Conflicts of Interest
Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of
the Richmond County Code of Ethics.
I. Confidentiality
Contractor acknowledges that it may receive confidential information of the Circuit and that it will
protect the confidentiality of any such confidential information and will require any of its
subcontractors, consultants, and/or staff to likewise protect such confidential information. The
Contractor agrees that confidential information it receives or such reports, information, opinions or
conclusions that Contractor creates under this Agreement shall not be made available to, or discussed
with, any individual or organization, including the news media, without prior written approval of the
Circuit. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure
and use of Circuit information whether specifically deemed confidential or not.
(1) The Contractor shall not disclose to anyone or any entity other than the designated Court Staff
or other court-approved individuals, any description or information concerning the work
produced as a result of this AGREEMENT without written permission of the Superior Court.
(2) The Contractor acknowledges that in receiving, storing, processing, sharing, or otherwise using
or dealing with any treatment information, the Contractor is bound by all Federal and State laws
and regulations that govern and guarantee the treatment rights of individuals receiving substance
abuse treatment services.
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(3) The Contractor shall comply with all confidentiality laws and shall be familiar with the following
monograph: Federal Confidentiality Laws and how they affect Mental Health/Drug Court Practitioners,
National Mental Health/Drug Court Institute (1999).
(4) The Contractor shall comply with all HIPAA and related laws and regulations dealing with
releasing and sharing and medical and health care information. The Contactor shall ensure that it
and its employees and agents use and disclose "Protected Health Information" of patients (as
defined in the Health Insurance Portability and Accountability Act ("HIPAA") privacy roles at
45 C.F.R. § 164.501, et seq.) that The Contractor receives pursuant to this Agreement only to the
extent necessary: (i) to perform its specific obligations under this Agreement; and (ii) for its own
management and administration and to carry out its legal responsibilities in compliance with 45
C.P.R.§ 164.504(e)(2)(i)(A), (e)(4), and all other current or future applicable laws or regulations.
Nothing in this Agreement shall be deemed to authorize The Contractor to use or disclose
Protected Health Information in violation of any applicable law or regulation, including but n t
limited to HIPAA privacy rules at 45 C.F.R § 164.501, et seq.
(5) The Contractor shall obtain appropriate releases/waivers before releasing a participant's
treatment information.
(6) The Contractor shall make every effort to ensure that confidentiality of participant's identity and
information is maintained, inclusive of but not limited to ensuring that the treatment location is
secure (and not within the hearing range of outsiders), as well as educating participants about the
confidentiality of group/individual treatment sessions.
(7) The Contractor shall maintain confidentiality of the Accountability Courts participants separate
from information on participants in any of its other programs at all times, regardless of
relationship or family involvement among these participants. All confidentiality laws related to
obtaining appropriate releases/waivers shall be followed by all concerned parties should
information need to be disclosed for treatment purposes.
V. TERMINATION
A. The Circuit shall have the right to terminate this Agreement for any reason whatsoever by providing
written notice thereof at least thirty (30) calendar days in advance of the termination date. The
Contractor shall have the same right to terminate this Agreement.
B. The Circuit shall also have the right to terminate this Agreement or any services noted herein for
cause or other performance defect with thirty (30) days written notice to the Contractor. The Circuit
shall also have the right to terminate this Agreement or any services noted herein without cause
should budget and/or grant funds not be available.
C. Upon termination, Circuit shall provide for payment to the Contractor for services rendered and
expenses incurred prior to the termination date.
D. Upon termination, the Contractor shall promptly discontinue all services affected, unless the notice
directs otherwise.
E. The rights and remedies of the Circuit and the Contractor provided in this Section are in addition to
any other rights and remedies provided under this Agreement or at law or in equity.
VI. NO PERSONAL LIABILITY
No member, official or employee of the County shall be personally liable to the Contractor or any
successor in interest in the event of any default or breach by the County or for any amount which may
become due to the Contractor or successor or on any obligation under the terms of this Agreement.
Likewise) Contractor's performance of services under this Agreement shall not subject Contractor's
individual employees, officers or directors to any personal liability. The Parties agree that their sole and
exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the
County, respectively, and not against any employee, officer, director, or elected or appointed official.
VII. ENTIRE AGREEMENT
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Item # 5
This Agreement constitutes the complete agreement between the Parties and supersedes any and all other
agreements, either oral or in writing, between the Parties with respect to the subject matter of this
Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement
not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended
only by a written document signed by representatives of both Parties with appropriate authorization.
VIII. WAIVER OF AGREEMENT
The County's failure to enforce any provision of this Agreement or the waiver in a particular instance
shall not be construed as a general waiver of any future breach or default.
IX. SOVEREIGN IMMUNITY
Nothing contained in this Agreement shall be construed to be a waiver of the County's sovereign
immunity or any individual's qualified good faith or official immunities.
[THIS SPACE INTENTIONAL LEFT BLANK]
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Item # 5
IN WITNESS WHEREOF the County and the Contractor have executed this Agreement effective as of the
dare the Chairman executes this Agreement on behalf of the County.
CONTRACTOR
By:
Its:
[CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
In the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
RICHMOND COUNTY
By:
Its:
[COUNTY SEAL]
SIGNED, SEALED, AND DELIVERED
In the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
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Item # 5
Public Safety Committee Meeting
5/31/2016 1:05 PM
State Court Accountability Court 2017 Grant Approval
Department:State Court
Presenter:Crystal Page
Caption:Motion to approve acceptance of Criminal Justice Coordinating
Council 2017 Grant Award for the Accountability Court DUI
court program.
Background:The State Court of Richmond County operates a DUI Court
program for individuals charged with their 2nd or more DUI
offense. This program allows these individuals to enter into an
alternative court program where they are able to receive substance
abuse treatment, randomly and routinely screened for alcohol and
drugs and to work with a team to assist them in their addiction
recovery.
Analysis:Original requested was for $145K and the award received was for
$99,283.
Financial Impact:These grant funds assist with the operations of DUI court with the
10% match coming from DUI court participant fees.
Alternatives:None
Recommendation:Approve
Funds are Available
in the Following
Accounts:
Funds are available in the Richmond County State Court DUI
court budget.
REVIEWED AND APPROVED BY:
Finance.
Law.
Cover Memo
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Administrator.
Clerk of Commission
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Public Safety Committee Meeting
5/31/2016 1:05 PM
State Court Veterans Court 2017 Grant Award
Department:State Court
Presenter:Crystal Page
Caption:Motion to approve acceptance of 2017 Criminal Justice
Coordinating Council grant award.
Background:The State Court of Richmond County operates a Veterans
Treatment Court for veterans charges with alcohol and/or drug
related offenses. This court allows these individuals to be in a
structured environment receiving treatment for substance abuse as
well as other service related issues and randomly and routinely
tested for alcohol and illegal drugs. These veterans are given a
support system to help with their addictive behaviors.
Analysis:Original request was $71K and the award received is $23,056.
Financial Impact:This grant award assist with the daily operations of Veterans
Court with the 10% match coming from the Veterans court
participant's fees.
Alternatives:None
Recommendation:Approve
Funds are Available
in the Following
Accounts:
Funds are available through the State Court DUI court budget.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Cover Memo
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Clerk of Commission
Cover Memo
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