HomeMy WebLinkAboutDetention Management Services
Augusta Richmond GA
DOCUMENT NAME: de-tex\-ntrJ \\D~~ 'S-enJ\Le~
DOCUMENT TYPE: CXj'< eemM
YEAR: Cf=\
BOX NUMBER: D2>
FILE NUMBER: \~3l9--\
NUMBER OF PAGES: 8
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AGREEMENT
This Agreement is made and entered into this (p day of
...;::r;..{ Lie' 1999, between the Magistrate Court of Richmond County,
Georgia, (he mafter referred to as the "Court") and DetentIOn Management Services,
Inc. 118 North Avenue, Suite L., Jonesboro, Georgia 30236, (hereinafter referred to as
"DMS").
RECITALS
WHEREAS,
1. The Court is authorized by O.c.G.A. 42-8-100, with the approval of the
governing authority, to enter into this agreement with DMS to provide
probation supervision, ~ounseling, collection services for all monies to be
paid by a defendant according to the terms of the sentence imposed on the
defendant as well as any monies which by operation of law are to be paid
by the defendant in consequence of the conviction, and other probation
services for persons convicted of misdemeanor offenses in the Magistrate
Court of Richmond County.
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2. DMS' 'is a duly registered Georgia corporation, in good standing and
. regist'ered with the County and Municipal Probation Advisory Council.
3. DMS is professionally staffed and wishes to provide misdemeanor
probation services to the Court.
4. Probation Officers providing services to the Court shall be at least 2]
years of age at the time of appointment to the position of probation officer
and shall have completed as a minimum a standard two year college
course.
5. DMS shall provide an initial 40 hours of orientation to all staff and 20
hours of continuing education per annum as approved by the County and
Municipal Probation Advisory Council.
6. DMS shall require criminal record checks of all staff providing services to
the Court and shall not employ any persons having convictions other than
for minor traffic offenses.
7. DMS shall comply with all standards and requirements of the County and
Municipal Probation Advisory Council even though such standards or
requirements are not specifically set out in this agreement.
ARTICLE ONE
Services bv DMS
DMS agrees to provide the following misdemeanor probation services for and on
behalf of the Court:
1. Attend all Court sessions for the purpose of obtaining sentencing
information and personal history information for each offender placed on
probation. DMS understands that court will normally be in session every
day other than holidays.
2. Conduct an initial interview with each probationer at the time of
sentencing for purposes of explaining the court order relative to fines,
fees, restitution and other conditions of probation supervision to include
specifically the establishment of a fine payment plan if required. This
initial interview will be conducted at time of sentencing whenever possible
and in all cases within 3 working days of the date of sentence.
3. Collect from probationers court ordered fines, surcharges, restitution and
all other costs or fees ordered by the Court.
4. Prepare referrals and lend assistance to probationers either ordered to
receive or desiring employment assistance or counseling. Probationers
identified by the Court as having special treatment and/or education needs,
will be referred to appropriate community programs and their progress
followed and noted on their case record.
5. Drug counseling and urine surveillance will be addressed with
probationers identified by the Court as having drug or alcohol related
problems. Probationers will assume the cost of random testing.
Probationers so ordered to participate in regular evaluations for alcohol,
drug, or domestic violence will receive intensive supervision.
6. Coordinate community service work imposed as a condition of probation
by the Court.
7. Maintain case files on each probationer regarding compliance with the
terms and conditions of probation, reporting dates, contacts as they occur
and the amounts and dates of monies collected.
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8. All reports, files, records and papers shall be confidential and shall be
available only to the Court, Department of Audits and Accounts and
Augusta-Richmond County officials having a legal interest in such
records.
9. DMS shall provide the Clerk and Court with a monthly report of cases for
which all filles and fees have been collected. In this manner, the Clerk
will be notified as to when to remit amounts owed to other authorities for
which amounts are collected. The Court shall be furnished a list of all
cases ill arrears.
10. DMS shall provide to the Court and the County and Municipal Probation
Advisory Council quarterly reports summarizing the number of offenders
Supervised by DMS, the amount of fines, statutory surcharges, restitution
Collected and number of probationers for whom supervision has been
Terminated and will otherwise comply with O.c.G.A. 42-8-103.
11. DMS shall maintain collected fines, surcharges and costs in a banking
institution approved by the Court and Augusta-Richmond County Board
of Commissioners. All accounts established for this purpose shall be
interest bearing accounts and interest earned on monies deposited in such
accounts shall be the property of the Augusta-Richmond County Board of
Commissioners and shall be paid to the Clerk of Magistrate Court on a
monthly basis. DMS will disburse to the Clerk, on a monthly basis or in
the manner directed by the Clerk or Court, fines, surcharges and costs
collected as payments in individual cases. Partial payments as well as
payments in full will be disbursed on a monthly basis.
12. DMS will reconcile all records with the Clerk's office on a monthly basis.
Records will be maintained which reflect the liability of DMS to the
Court. A report will be furnished to the Court at a minimum of once
monthly which reflects the liability ofDMS to the court.
13. DMS will disburse funds to recipients of restitution on a monthly basis.
Periodic disbursement of restitution shall be made even if the total amount
of restitution has not been paid.
14. DMS shall maintain a $200,000 bond on all employees that receive,
collect or directly handle money paid by probationers. A bond of
$100,000 shall be maintained on all other employees.
15. Assist the Court and law enforcement authorities in tracking absconders
through the submission of an "Absconder Investigation Report" which
details the probationer's personal history and employment information, the
circumstances of violation and last known whereabouts.
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16. If a determination is made by DMS that the probationer lacks financial
resources to make regular payments, this will be reported to the Court with
a recommendation for reconsideration by the Court.
17. DMS shall identify all noncompliant cases and shall provide a list of such
cases to the Court no later than the end of the first quarter from date of
sentence, in order that there will be enough time remaining on the
sentence for appropriate action by the Court.
18. In the event a violation of conditions of probation occur, DMS will
prepare all reports, petitions, orders and any other paperwork determined
necessary by the Court so that the Court may take appropriate action to
include the holding of revocation hearings. DMS shall be responsible for
providing all necessary forms and documents to comply with this
paragraph.
19. DMS agrees to indemnify and hold harmless Augusta, Georgia, from any
and all losses, claims, liabilities, penalties, fines, forfeitures, demands,
causes of action, suits and/or costs and expenses incident thereto
(including without limitation costs of defense, settlement and reasonable
attorney fees) (hereinafter the "Indemnified Costs") in any way related to
or arising out of any failure of DMS to perform its obligations hereunder,
or related to or arising out of any damage or injury to property or persons
caused by any action or omission of DMS, including without limitation
any negligent, wilful or otherwise tortious act or omission. DMS
acknowledges that, in connection with its performance of this Agreement,
its agents, representatives and employees will be responsible for certain
monies and property of Augusta, Georgia, and DMS specifically agrees to
indemnify and hold harmless Augusta, Georgia, from any forfeitures,
demands, causes of action, suits and/or costs and expenses incident thereto
(including without limitation costs of defense, settlement and reasonable
attorney fees) in any way related to or arising out of any act of tbeft, fraud,
misconduct and/or misappropriation committed ,by any agent, employee or
representative ofDMS.
For purposes of this Section 19, "DMS" includes any officer, agent,
employee and/or representative of DMS, and "Augusta, Georgia" includes
the Magistrate Court of Richmond County, the Augusta-Richmond County
Commission, its Mayor, elected officials, officers, agents, employees
and/or representatives.
This indemnity obligation of DMS under this Section 19 shall survive the
expiration or termination of this Agreement.
20. DMS shall provide and maintain at all times during the term of this
Agreement, at DMS' sole expense, comprehensive and general public
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liability insurance coverage against claims for personal injury, death
and/or property damage occurring in connection with DMS' entering into
and/or performing this Agreement, with limits of coverage of not less than
$1,000,000.00 for personal injury (including death) per person and
$2,000,000.00 per occurrence. The cost of premiums for all policies of
insurance required by this Agreement shall he paid by DMS. Policies
shall be jointly in the names of DMS, the Magistrate Court of Richmond
County, and Augusta, Georgia, and duplicate copies of the policies shall
be delivered to Augusta, Georgia.
All policies providing insurance coverage required to be maintained by
DMS hereunder shall list Augusta, Georgia, the Richmond County
Magistrate Court, the Augusta-Richmond County Commission and its
Mayor, DMS, and their officers, agents, members, employees and
successors as named insureds, as their interests may appear, and shall be
issued by an insurance carrier licensed to do business in Georgia. All such
policies shall provide that no act or omission of DMS or its agents,
servants, or employees shall in any way invalidate any insurance coverage
for the other named insureds. No insurance policy providing any
insurance coverage required to be provided by DMS hereunder shall be
cancelable without at least 15 days advance written notice to Augusta,
Georgia. All insurance policies required hereunder, or copies thereof,
shall be provided to Augusta, Georgia by DMS. To the extent of the
Indemnified Costs defined in Section 19 herein, DMS hereby assigns the
benefits under any and all policies procured and maintained in accordance
with this Section 20 to Augusta, Georgia; provided, however, that should
said benefits not be sufficient to cover all Indemnified Costs, DMS
remains liable for said costs.
21. DMS will not engage in any employment, business, or actIvIty which
interferes or conflicts with the duties and responsibilities of this contract.
22. DMS and employees shall not have personal or business dealings,
including the lending of money, with probationers under their supervision.
ARTICLE TWO
Conditions
This agreement is made based upon the following conditions:
1. The agreement will extend for one year from the date of execution.
2. Notwithstanding the date of expiration of this Contract, this Contract shall
automatically renew under the same terms and conditions as provided for
herein unless written notice to the contrary is directed to the other party
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within thirty (30) days prior to the date of expiration. In the event this
Contract is not renewed or is terminated by the Court, DMS agrees to
cooperate with and assist the Court in making an orderly transfer of
responsibility for providing probation services to any other provider
selected by the Court. It is further understood and agreed that all
probation files remain the property of the Court and will be turned over to
the Court or its designee.
3. The Court may terminate this agreement in the event of breach of any the
terms or provisions of this agreement by DMS. Prior to termination the
Court shall give written notice to DMS regarding the breach and shall
allow DMS twenty (20) days to cure or correct such breach. In the event
DMS fails to cure or correct such breach the Court may terminate this
agreement. The Court may also terminate this agreement immediately
upon written notice to DMS if DMS becomes insolvent or ftles protection
under any chapter of the U.S. bankruptcy code.
ARTICLE THREE
1. In consideration of the probation services provided by DMS, DMS and the
Court agree that each court order shall provide for a probation fee of
$30.00 per month, for each month of the probation period, per probationer
payable directly to DMS. DMS understands that the probation period and
monthly probation fee may be modified or terminated by the Court as
determined necessary in the Court's discretion.
2. Payment of fines and fees will be set according to the sentencing order of
the Court. For those probationers requiring a payment plan due to
financial inability to pay in full a payment plan will be set out -for each
probationer by DMS. DMS in establishing each payment plan will take
into consideration the ability of each probationer to pay. DMS
understands that the payment plan may be modified by the Court as
necessary .
3. It is understood by DMS that the providing of probation services to the
Court shall not be paid for or funded in any way by the Court or
Richmond County. .
4. Other than probation supervISIOn fees or other court ordered fees, no
monies collected by DMS shall be retained by DMS for their use and all
said monies shall be paid over to the Clerk of Magistrate Court Richmond
County or other authorized party as ordered by the Court.
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ARTICLE FOUR
Addendum
This Contract is to include any addendum or attachment which both parties have agreed
upon in writing.
ARTICLE FIVE
General
The foregoing constitutes the entire agreement between the parties and
supersedes any representation or agreements heretofore made and may be amended only
by a document in writing signed by a duly authorized representative of Court and DMS.
This agreement has been executed by, delivered to and accepted by the Court in the State
of Georgia, and the provisions hereof shall be governed by the laws of the State of
Georgia. Any disputes arising out of or related to this agreement shall be resolved in
accordance with said laws. The parties agree that any action or legal proceeding arising
out of or related to this agreement shall be brought in the Superior Court of Richmond
County, Georgia. The parties hereby consent to and waive any objection to jurisdiction
or venue of said court.
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WITNESS the hand and seal of the authorized representatives of Court, Augusta,
Georgia and DMS effective as of the date, month and year set forth herein above.
AUGUSTA, GEORGIA
By:
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MAGISTRATE COURT, RICHMOND COUNTY
BY~~.
Chief Judge, gistrate Court of
Richmond County, Georgia
in~
DETENTION MANAGEMENT SERVICES, INC. '
By:
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LANSON NEWSOl.4E
President
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Signed, sealed and delivered
This ~5"""" day of Jf1 nlf ' 1999
in the presence of:
f.4t:u::r 0uryY ,
(fl~tary ublic J ~ ~
Expiration Date
(Notary Seal) Not!'1ry Public, Henry COUMyL R8IlftIIa
My CommIssion expires ... - "" . #( ~lFr-
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