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HomeMy WebLinkAboutDetention Management Services,Inc. Augusta Richmond GA DOCUMENTNAME: \)ctermCYl mo.~en\- 'SeX\.l\ces I \nc.. DOCUMENT TYPE: ~~~E:ernerrt YEAR:C{l BOX NUMBER: Ol\ FILE NUMBER: \ ~~qq NUMBER OF PAGES: \D , \:',. .. /..; . " ....,,;. ;' .~, 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 \ 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. 1 ,. ; -. , '. .- 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. 2 , . 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 3 ,;" , , .. 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. 4 .., 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. 5 0:; ;. .. 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. 6 " .. 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. 7 , ;. . ~ .. . 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 ~#~~~ lerk -'.. : - . _." . ~- . " DETENTION MANAGEMENT SERVICES, INC. By: ~~- LANSON NEWSOME President -'------- ------.. 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 PAGE 02 .' .,~ ~-;- _ #~'-_' .ii' 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. I . 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 .~J ~ 7058211251 JUDGE HAMRICK PAGE ~3 i.,- --..... ...'!' 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 tiO- By: Chi J dge, Municipal Court Aug sta- Richmond County, Georgia ATT~~ ~ DETENTION MANAGEMENT SERVICES, INC. By: _e~ -^.. Lanson Newsoine ~ President