HomeMy WebLinkAboutAUGUSTA-RICHMOND COUNTY FY20 CAPACITY AGREEMENT FOR STATE INMATES BEING HOUSED AT THE RICHMOND COUNTY CORRECTIONAL INSTITUTION INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN
GEORGIA DEPARTMENT OF CORRECTIONS
AND
AUGUSTA GEORGIA
COUNTY CAPACITY
THIS AGREEMENT is entered into the 1st day of July, 2019, by and between the
GEORGIA DEPARTMENT OF CORRECTIONS, an agency of the State of Georgia
("Department"), and AUGUSTA GEORGIA, a political subdivision of the State of Georgia
("County"), acting by and through its Board of County Commissioners, referred to
individually as "Party"or together as "Parties."
WHEREAS, Department desires to contract with County for appropriate care and
custody of certain offenders for which Department is responsible,("State Offenders"); and
County desires to provide appropriate care and custody of State Offenders at a
correctional institution operated by County("Services").
NOW, THEREFORE, in consideration of these premises and the mutual promises
and agreements hereinafter set forth,the parties hereby agree as follows:
1. Care and Custody. County agrees to provide complete care and custody of up to 23o
State Offenders daily,for the Term of this Agreement and in accordance with all applicable
state and federal laws, rules, and regulations. Without limiting the generality of the
foregoing, County specifically agrees that no State Offender labor shall benefit private
persons or corporations.
2. Recording Offender Movement in SCRIBE. County agrees to record any and all
movement of State Offenders transferred in and out of the County facility by entering the
movement in Department's SCRIBE system on the same day the movement occurs.
Movements that are not entered in SCRIBE on the day the movement occurs will not show
as an adjustment and result in an inaccurate daily count. County is solely responsible for
implementing procedures to ensure that SCRIBE entries are made accurately and in a
timely manner. County is responsible for verifying the State Offender count and all
movements in and out of the County facility in SCRIBE on a daily basis to ensure that the
count is accurate. County understands that the count reflected in SCRIBE is the official
count for purposes of calculating payment under this Agreement. Late documentation,lack
of documentation, or inaccurate documentation may result in delayed payment or non-
payment under this Agreement. County agrees to grant Department access to County's
records,documentation procedure,and personnel for purposes of auditing SCRIBE entries
and verifying State Offender count at any time upon Department's request.
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3. Notification of Medical Treatment. County shall notify Department of any State
Offender that the County transfers to a hospital for treatment that will require an overnight
stay or for whom treatment is likely to cost in excess of One Thousand Dollars($1,000.00).
Said notification shall be provided via telephone contact within Twenty-Four(24)hours of
offender being admitted for treatment on an outpatient or inpatient basis. County shall
notify Department pursuant to this paragraph by calling the Department's "On Call
Utilization Management Nurse" at 404-863-3079 at any time of day or night.
4. Employee or Offender Misconduct. The County agrees that it will notify the
Department within ten (1o) business days after terminating an employee of the County
correctional institution for misconduct or of the resignation of any employee in connection
with an allegation or investigation of misconduct. The County further agrees that it will
notify the Department within ten(1o)business days if it,one of its employees,or any other
law enforcement officer secures a criminal warrant for the arrest or otherwise pursues the
prosecution of an offender being housed at the County CI for criminal conduct allegedly
committed at the County CI. County agrees that it will not hire any employee terminated by
Department for misconduct or who resigns from Department in connection with an
allegation or investigation of misconduct.
5. Compensation. Department agrees to pay County the sum of Twenty-Two Dollars
($22.00)per State Offender per day for the duration of this Agreement.County agrees that
upon receipt of documentation from the Department showing inmate dates and total
amount of payment, County shall validate the accuracy of the documentation in a manner
as prescribed by the Department and return the validation of the same to the Business
Management Unit within seven (7) business days of receiving the documentation.
Department shall endeavor to pay County for Services within Forty-Five(45)days of invoice
receipt in approved form. County acknowledges and agrees that the Commissioner of
Corrections shall have sole authority with respect to the transfer of State Offenders to and
from the County correctional institution and Department shall not incur charges for State
Offenders not under the care and custody of County. A State Offender is not under the care
and custody of County when a State Offender is not housed at the County facility including
when a State Offender is out to court or sent to a Department facility for medical or mental
health evaluation.
6. Term of Agreement. The term of this Agreement shall be from July 1, 2019 until
11:59 p.m. on June 30, 2020 (the "Term"). The Parties may, by mutual agreement in
writing, extend the Term for additional time periods.
7. Termination. Department may at any time and for any reason terminate this
Agreement by providing written notice in advance of such termination to County. In the
event of termination under this paragraph, Department shall pay County for Services
performed prior to the effectivedate of termination; provided, however, that payments
otherwise due County may be applied by Department against amounts due or claimed to be
due to Department. In the event that County fails to comply with the provisions of this
Agreement, Department may terminate this Agreement for cause and without notice. If
termination is for cause, payments may be withheld by Department on account of the
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Services being deemed deficient and not remedied by County prior to the effective date of
termination. County shall be liable to Department for any additional cost incurred by
Department as a result of deficiencies in the Services to be provided hereunder.
8. Prison Rape Elimination Act. County agrees that it will adopt and comply with 28
C.F.R. 115, entitled the Prison Rape Elimination Act ("PREA"). As required in 28 C.F.R.
155.12, County further agrees to cooperate with Department in any audit, inspection, or
investigation by Department or other entity relating to County's compliance with PREA.
Department shall monitor the County's compliance with PREA and shall have the right to
inspect any documents or records relating to such audit, inspection or investigation, and
County will provide such documents or records at Department's request. County
acknowledges that any violation of PREA is a material breach of this Agreement,is cause for
termination of this Agreement and may lead to administrative and criminal sanctions.The
County shall acknowledge in writing that the Department has advised the County of these
matters.
9. Notices. Any notice under this Agreement,other than those referenced in Paragraph
3, "Notification of Medical Treatment," shall be deemed duly given if delivered by hand
(against receipt)or if sent by registered or certified mail,return receipt requested,to a Party
hereto at the address set forth below or to such other address as the Parties may designate
by notice from time to time in accordance with this Agreement.
If to the County: Augusta Georgia
Administrator, Board of Commissioners
535 Telfair Street, Ste., 910
Augusta, GA 30901
With a copy to: Richmond County Prison
Warden,Evan Joseph
2314 Tobacco Road
Augusta,GA 30906
If to the Department: Jennifer Ammons
General Counsel
Georgia Department of Corrections
State Office South, Gibson Hall, 3rd Floor
P.O. Box 1529
Forsyth, Georgia 31029
With a copy to: Robert Toole
Facilities Director
Georgia Department of Corrections
State Office South, Gibson Hall, 1st Floor
P.O. Box 1529
Forsyth, Georgia 31029
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10. Reimbursement of Medical Costs.
a. Department agrees to reimburse County for certain costs of medical services
required for medical conditions which: (1)pose an immediate threat to life or
limb,and(2)occur under circumstances in which the State Offender cannot
reasonably be placed in a state institution for the receipt of this care
("Emergency Medical Services"). Department's obligation to reimburse
County for the cost of any medical services, to include Emergency Medical
Services, arises only when the cost per State Offender per incident exceeds
One Thousand Dollars($1,000.00), and Department shall only be liable for
the amount in excess of One Thousand Dollars ($1,000.00), subject to the
limitations of this paragraph and other applicable laws and regulations.
b. County agrees to invoice Department monthly for the actual cost of
Emergency Medical Services paid by County. If there existed any rate
agreement between County and the hospital or hospital authority at the time
Emergency Medical Services were rendered, the invoice must reflect such
rate. All invoices from County must include an invoice or receipt from the
hospital that clearly shows the actual cost of Emergency Medical Services
paid by County.
c. Department is not liable to County for any late fees or charges imposed by the
hospital, hospital authority (collectively, "Late Fees"), or other service
provider, for late or nonpayment by the County. County agrees to exclude
Late Fees from its invoices to Department.
d. If Department reasonably determines that there is a difference between the
actual cost incurred by County and the invoice sent to Department,
Department may assess an administrative fee of one-half (1/2) of the
difference to cover the administrative costs incurred by the Department.
Department shall send County written notice of any administrative fees,and
County shall have Thirty(30)days to make payment or to dispute the fee in
writing.If County does not make payment of undisputed administrative fees
by the due date,Department is entitled to a setoff of the same amount against
future payments owing to County.
e. Pursuant to O.C.G.A. § 42-5-2(c), Department shall reimburse County no
more than the applicable Georgia Medicaid Rate for Emergency Medical
Services provided to a State Offender by a hospital, hospital authority, or
other service provider. Department shall not be liable to County for any
amount paid by County to a hospital, hospital authority, or other service
provider,in excess of the Medicaid Rate for emergency services provided to a
State Offender.
11. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties hereto and replaces, cancels and supersedes any
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prior agreements and understandings relating to the subject matter hereof,and all prior
representations, agreements, understandings and undertakings between the parties
hereto with respect to the subject matter hereof are merged herein.
12. Sole Benefit. Department and County enter into this Agreement for their sole
benefit. Department and County do not intend to give any rights pursuant to this
Agreement to any other parties.
13. Choice of Law and Venue.The Contract shall be governed in all respects by the laws of
the State of Georgia.Any lawsuit or other action brought against the Department and the
State based upon or arising from this Agreement shall be brought in the Superior Court of
Fulton County,Georgia.
14.Amendment. The Parties recognize and agree that it maybe necessary or convenient
for the Parties to amend this Agreement and the Parties agree to cooperate fully in
connection with such amendments if and as necessary. However, no change,
modification or amendment to this Agreement shall be effective unless the same is
reduced to writing and signed by the Parties.
15. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original but all of which shall constitute one agreement. No Party
shall be bound by this Agreement until all Parties have executed it.
IN WITNESS WHEREOF,the parties have caused the authorized representatives of
each to execute this Agreement on the day and year first above written.
GEORGIA DEPAR NT OF AUGUSTA, GEORGIA:
CORREC G S:
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