HomeMy WebLinkAboutDetention Management Services,Inc.
Augusta Richmond GA
DOCUMENTNAME: \)ctermCYl mo.~en\- 'SeX\.l\ces I \nc..
DOCUMENT TYPE: ~~~E:ernerrt
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BOX NUMBER: Ol\
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AGREEMENT
This Agreement is made and entered ~rtto this ~~ day of
~vcm~~~ I 1997, between the State Court of Richmond County,
Georgia, (hereinafter referred to as the II 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
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agreement withDMS to provide probation supervision, ,
counseling, 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 ar~ to be paid by the defendant in
consequence of the conviction, and other probation services
for persons convicted of misdemeanor offenses in the State
Court of Richmond County.
2. DMS is a duly registered Georgia corporation, in good
standing and registered with the County and Municipal
Probation Advisory Council.
3. DMS is professionally staffed and wishes to provide
misd~meanor probation services to the Court.
4. Probation. Officers providing services to the Court shall be
at least 21 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.
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6. DMS shall requlre 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 by 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
include 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 in their case record.
5. Drug counselipg.and urine surveillance will be addressed
with probationers identified by the Court as having drug or
alcohol related problems. probationer will assume. the cost
of random testlng. Probationers so ordered to participate
in regular evaluations for alcohol, drug, or domestic
violence will receive intensive supervision.
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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.
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 fines 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 in 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 State 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~iability of DMS to the Court.
13. DMS will disbur~e 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
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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.
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 orbmission of DMS, including without
limitation any negligent, wilful or otherwise tortious act
or omission. DMS ~cknowledges 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
and all losses, claims, liabilities; penalties, fines,
forfeitures, demarids, causes of action, suits and/or costs
and expenses incident thereto (including without limitation
costs of defense, settlement and reasonable attorneys fees)
in any way related to or arising out of any act of theft~
fraud, misconduct and/or misappropriation committed by any
agent, employee or representative of DMS.
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For purposes of this Section 19 ,"DMS" includes any officer,
agent, employee and/or representative of DMS, and "Augusta,
Georgia" includes the State 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 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,OOO~000.00 peroccurience. The
cost of pr~miums for all policies of insurance required by
this Agreement shall be paid by DMS. policies shall be
jointly in the names of DMS, the State 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 State Court, the Augusta-Richmond
County Commlssion 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
the State of Georgia and reasonably acceptable to Augusta,
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, pMS hereby assigns the
benefits under any and all policies procured and maintained
in accorda~ce wi~h this Section 20 to Augusta, Georgia;
provided,hciwe~er, that should said benefits not be
sufficient to cover all Indemnified Costs, DMS remains
liable for said co~ts.
21. DMS will not "engage-, in any employment, business, or
activity which interferes or conflicts with the duties
and responsibilities of this contraqt.
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22. DMS and employees shall not have personal or business
dealings, including the lending of moriey, 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
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 makirig 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 ~nd shall allow DMS
twenty (20) days to cure br 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 .inso1vent or files protection under any
chapter of the U.S. bankruptcy code.
ARTICLE THREE
1. In consideration of the probation services provided by DMS,
DMS and theCpurt. agree that each court order shall provide
for a ~robation.~eeof $jO.OO per month, for each month of
the probation.~eriod,' per probationer payable directly to
DMS. DMS under-st'ands'that the probation period and monthly
probation fee maybe modified or terminated by the Court as
determined necessary in the Court's dtscretion.
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2. Payment of fines and fees will be set according to the
sentencing order of the Court. Fbr 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 State Court Richmond County or other
authorized party as ordered by the Court.
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 agreefuent~ sh~ll 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
STATE COURT, RICHMOND COUNTY
By:
By:
udge, State Court
nd County, Georgia
(!).AN
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DETENTION MANAGEMENT SERVICES, INC.
By:
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LANSON NEWSOME
President
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Signed, sealed and delivered
this _ day of . ,1997
in the presence of:
Witness
Notary Public
Expiration Date
(Notary Seal)
8
. 03(l,~/1998
15:04
7058211251
JUDGE HAMRICK
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ADDENDUM TO AGREEMENT
The agreement entered into on November 5, 1997 between the State Court of
Richmond County, Georgia and Detention Management Services, inc. (hereinafter
referred to as DMS) is supplemented as follows:
1. DMS agrees to provide 'probation services to the Municipal Court of
Augusta-Richmond County. These services shall include the collection
of all monies to be paid by defendants sentenced in Municipal Court as
well as all other services outlined in the agreement of November 5, 1997.
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2. In consideration of the probation services provided, DMS shall receive
35 percent of all monies collected on active cases. Active cases are
defined as those cases for which collections are presently handled by the
Clerk of Municipal Court. DMS shall receive 40 percent of all monies
collected on inactive cases. Inactive cases shall be defmed as all cases in
which warrants have been issued for failure to appear in court or failure
to comply with the sentence imposed.
3. All other terms of the Agreement entered into on November 5, 1997
between DMS and the State Court of Richmond County shall apply to
this Agreement between DMS and the MlUlicipal Court of Augusta-
- Richmon1fCoUfity~--
.~3/12/1998 15:04
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7058211251
JUDGE HAMRICK
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WITNESS the hand and seal of the authorized representatives of Municipal Court, DMS,
and Augusta, Georgia effective this 12- day of March, 1998.
AUGUSTA, GEORGIA
MUNICIPAL COURT, AUGUSTA-
RICHMOND COUNT
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By:
Chi J dge, Municipal Court
Aug sta- Richmond County, Georgia
ATT~~
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DETENTION MANAGEMENT SERVICES, INC.
By: _e~ -^..
Lanson Newsoine ~
President