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Home My WebLink About AGREEMENT WITH RICHMOND COUNTY BOARD OF EDUCATION TO PROVIDE INMATE WORK DETAIL AGREEMENT BETWEEN AUGUSTA, GEORGIA AND THE COUNTY BOARD OF EDUCATION OF RICHMOND COUNTY, GEORGIA FOR USE OF INMATE WORK DETAIL This Agreement is made and entered into effective 2010, by and between Augusta, Georgia, a political subdivision of the State of Georgia ( "Augusta "), and the County Board of Education of Richmond County, Georgia (`BOE "). WITNESSETH: WHEREAS, the Richmond County Board of Education wishes to utilize inmate work detail ( "Detail ") to assist in the maintenance of Richmond County Board of Education ("BOB") properties located in Richmond County; and WHEREAS, Augusta is willing and able to provide the Detail to the BOE, under the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows: 1. OBLIGATIONS OF AUGUSTA a. During the term of this Agreement, Augusta shall supply the BOE, subject to the availability of state inmates, with one (1) Detail, each consisting of one (1) full -time correctional supervisor and six (6) inmates from the Richmond County Correctional Institution ( "RCCP'). b. In performing the work called for under this Agreement, the Detail shall work the same hours as the Board's regular employees. The Detail may work outside of such hours due to inclement weather or other emergency conditions, if BOE requests and Augusta agrees. c. Augusta shall be solely responsible for the custody, discipline and productivity of the Detail, and for providing clothing, food (subject to the provisions of Section 2.c.ii. herein) and health care to the Detail. 1 d. Augusta shall be responsible for transporting the Detail between RCCI and designated work sites, in vehicles provided by BOE and approved by Augusta. e. Augusta shall be solely responsible for any and all damages or injuries caused to property or persons, and shall save harmless the BOE, its officers, agents and employees from all suits, claims or damages of any nature whatsoever resulting from the negligence of the Detail in the performance of work under this Agreement, or from the use of BOE, or from the use of BOE vehicles and/or equipment by non- approved personnel (as discussed below). Nothing in this agreement shall have the effect of waiving any defenses or immunities that Augusta may have with regard to any third party. f. Augusta shall supply to BOE a list of personnel approved to operate the transportation equipment provided by BOE for the transportation of Detail, and shall update said list as personnel changes necessitate. Augusta shall allow only listed and approved personnel to operate BOE vehicles and equipment used under this Agreement. 2. RESPONSIBILITIES OF BOE a. BOE shall furnish all equipment, tools, safety equipment, and transportation vehicles for the Detail between RCCI and designated work sites. BOE shall further provide for or perform maintenance on all said equipment tools and vehicles, and shall be solely responsible for replacement or repair or same. BOE shall provide, at its sole cost, automobile insurance for the transportation vehicles supplied to Augusta under this Agreement. b. BOE shall provide general direction and supervision of the work to be performed under this Agreement, but no official or employee of BOE shall exercise any immediate control, direction or supervision over any member of a Detail. The sole responsibility for directing, controlling and supervising said Detail shall be that of Augusta and its officials, correctional supervisors and employees. Directions as to work to be performed shall be communicated to the correctional supervisor for the Detail in question, who shall then direct the work of the Detail accordingly. c. In consideration of the work to be performed by the Detail under this Agreement, BOE shall pay to Augusta the following: 2 i. An amount equal to the salaries, including fringe benefits, of the one (1) correctional supervisor who is a member of the one (1) Detail provided pursuant to this Agreement. Augusta shall provide to BOE a schedule of said salaries and fringe benefits. Augusta shall provide BOE with monthly invoices for this cost, which invoices shall name the correctional supervisor in question and the salary, including fringe benefits, for each. Invoices will be mailed to: Comptroller Richmond County Board of Education 864 Broad Street Augusta, Georgia 30901 ii. An amount sufficient to pay for food to be provided to the Detail during working hours. As of the effective date of this Agreement, the parties agree that this amount shall be Ten ($10.00) Dollars per inmate per day worked. Should the cost of such food increases, BOE agree to pay the increased amount upon documentation of same by Augusta. The amount required to be paid under this Section 2.c.ii shall be paid by BOE without the necessity of a monthly invoice from Augusta. BOE shall be allowed to perform an audit as to the costs required to be paid under this Section 2.c.ii. should it so request. d. BOE shall be solely responsible for any and all damages or injuries caused to property or persons, and shall save harmless Augusta, the Augusta- Richmond County Commission, and its elected officials, officers, agents, employees and representatives from all suits, claims or damages of any nature whatsoever resulting from any defect or malfunction in the equipment supplied by BOE to Augusta for use in connection with the performance of work under this Agreement, whether said defect or malfunction was caused by BOE's actions and/or omissions, or was caused by the actions or omissions of any other source, person or entity. Nothing in this agreement shall have the effect of waiving any defenses or immunities that BOE may have with regard to any third party. 3. TERM; RENEWAL; TERVIINATION a. This Agreement shall be for an initial term of one (1) year, beginning July 1, 2010 and ending June 30, 2011, unless earlier terminated in accordance with this Section 3. 3 b. This Agreement shall automatically renew for additional terms of one (1) year unless either party notifies the other in writing (given pursuant to Section 4.a herein) of their intent to terminate the Agreement. Said notice must be provided no less than thirty (30) days prior to the scheduled termination of the Agreement. c. Either party may terminate this Agreement upon ten (10) days written notice (given pursuant to Section 4.a herein) for the default of the other party. d. Either party may terminate this Agreement upon sixty (60) days written notice (given pursuant to Section 4.a herein) to the other party. 4. MISCELLANEOUS a. All notices, demands, and requests which may or are required to be given hereunder shall be in writing and shall be deemed to have been properly given when sent postage pre -paid by registered or certified mail (with return receipt requested) addressed as follows: If intended for Augusta: Warden Robert Leverett Richmond County Correctional Institution 2314 Tobacco Road Augusta, Georgia 30906 If intended for BOE: Either party may change the address and name of addresses to which subsequent notices are to be sent by notice to the other given as aforesaid. b. Goveming Law. This Agreement shall be governed and interpreted by the laws of the State of Georgia. c. Entire Agreement; Amendment. This Agreement contains the entire agreement of the parties, and no representations, inducements, 4 promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party's right to demand exact compliance with the terms thereof. This agreement may not be amended except by a writing signed by both parties. WHEREFORE, the parties have set their hands and seals as of the date first above written. AUGUSTA, GEORGIA, by and through the Augusta- Richmond County Commission C /OW By: Deke Copenhave 0 i0 As its Mayor ATTEST: Lena Bonner ' ° t■ As its Clerk . c:, ti •1 # ' t i „ % COUNTY BOARD OF EDUCATION 0 • • .f I : g_ t,., OF ;t HMS • , GEORGIA #$ • ~q44161419416." , By: .� , 14k O RG11. `1 As its ATTEST: R County, Geor9b Pub ic, jmmission Expires August 2, 21hAL). 5