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Home My WebLink AboutGEORGIA DEPARTMENT OF CORRECTIONS STATE INMATE YR 09 '..... GEORGIA DEPARTMENT OF CORRECTIONS LEGAL SERVICES OFFICE INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into as ofthe 1st day of July 2009, by and between the GEORGIA DEPARTMENT OF CORRECTIONS ("Department"), an agency of the State of Georgia, and Augusta Richmond COUNTY ("County"), a political subdivision of the State of Georgia, acting by and through its Board of County Commissioners, referred to as "party" or jointly as "parties." RECITATIONS WHEREAS, the Department desires to obtain appropriate care and custody of State inmates; and WHEREAS, the County desires to provide appropriate care and custody of State inmates at a correctional institution operated by the County. 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. The County agrees to provide complete care and custody of up to 215 state inmates daily, for the term of this Agreement and in accordance with State and federal constitutions and with all applicable laws, rules, regulations and orders of State, federal and local governments. Without limitation to the generality of the foregoing, the County specifically agrees that no State inmate labor shall benefit private persons or corporations. 2. Notification of Medical Treatment. The County shall notify the Department of any state inmate that the County transfers to a hospital for treatment that will require an overnight stay or that will require treatment that is likely to cost in excess of $1 ,000.00. Said notification shall be provided via telephone contact within twenty-four (24) hours of the inmate being admitted for treatment on an outpatient or inpatient basis. County shall notify the 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. 3. Compensation. The Department agrees to pay the County the sum of $20.00 (Twenty and n%ne-hundredths Dollars) per State inmate per day for the duration of this Agreement. The County agrees to invoice the Department monthly, in compliance with all billing procedures established by the Department. The Department shall endeavor to pay the County for its care and custody services within 45 days of invoice receipt in approved form. The County acknowledges and agrees that the Commissioner of Corrections shall have sole authority with respect to the transfer of State inmates to and from the County Correctional Institution, and the Department shall not incur charges for inmates not under the care and custody of the County. 4. Term of Agreement. This Agreement shall be effective from the date hereof and shall continue in force and effect until June 30. 2010.The parties may, by mutual agreement in writing, extend the effectiveness of this Agreement for additional time periods. 5. Notices. Any notice under this Agreement, other than those referenced in Paragraph 2, 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 Richmond County Commission A TTN: Administrator Fred Russell 530 Greene Street Augusta, GA 30911 With a copy to: Robert Leverett, Warden If to the Department: Brian Owens, Commissioner Georgia Department of Corrections Two Martin Luther King, Jr., Drive Suite 866, East Tower Atlanta, Georgia 30334-4900 With a copy to: Tim Ward, Facilities Director Two Martin Luther King, Jr. Drive Suite 1566, East Tower Atlanta, Georgia 30334-4900 6. Reimbursement of Medical Costs. a. GDC agrees to reimburse County for certain costs of direct medical services required for emergency medical conditions posing an immediate threat to life or limb if a state inmate cannot be placed in a state institution for the receipt of this care; provided, however, that the GDC's obligation arises only when the cost per inmate per incident exceeds $1000.00, and GDC shall only be liable for the amount in excess of $1000.00, subject to the following subsections and other applicable laws and regulations. 2 ,. ',f b. County agrees to invoice GDC monthly for the actual cost of medical services paid by County. If there existed any rate agreement between County and the hospital or hospital authority at the time the 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 medical services paid by County. c. GDC is not liable to County for any late fees or charges or any kind of assessment imposed by the hospital or hospital authority (collectively, "Late Fees") for late or nonpayment by County. County agrees to exclude late fees from its invoices to GDC. d. If GDC reasonably determines that there is a difference between the actual cost incurred by County and the invoice sent to GDC, GDC may assess an administrative fee of one-half (1/2) of the difference to cover the administrative costs incurred by GDC. GDC shall send County written notice of any administrative fees, and County shall have 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, GDC is entitled to a setoff of the same amount against future payments owing to County. e. Pursuant to HB 464 of2009 (Act 48), O.C.G.A.& 42-5-2(c), GDC shall reimburse County no more than the applicable Georgia Medicaid Rate for emergency services provided to a state inmate by a hospital authority or hospital which is not a Party to a contract with GDC or its agents on July L 2009. GDC shall not be liable to County for any amount paid by County to a hospital or hospital authority over the Medicaid rate for emergency services provided to a state inmate. 7. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and replaces, cancels and supersedes any 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. 8. Amendment. The parties recognize and agree that it may be necessary or convenient for the parties to amend this Agreement so as to provide for the orderly implementation of all of the undertakings described herein, 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 hereto. 9. 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. 3 l ~ ." ,. , . . 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 DEPARTMENT OF CORRECTIONS r/1/of Date Mark E. 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