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Home My WebLink AboutO. C. G. A. Augusta Richmond GA DOCUMENT NAME: O. c.~. A. DOCUMENT TYPE: cg '(e-e~ YEAR: ~C1 BOX NUMBER: DB FILE NUMBER: \l\~~%' NUMBER OF PAGES: LA r.~-, 0"" " c.:. :, . r- - 'f' , AGREEMENT WHEREAS, Augusta is authorized under O.C.G,A. 9 17-12-11 to recover payment or reimbursement from indigent defendants who have received legal assistance under the Georgia Criminal Justice Act, O,C.G.A. S 17-12-12, et seq. for legal assistance or another benefit (a) to which any such defendant was not entitled; (b) with respect to which defendants were not entitled; (c) with the respect to which defendants were not indigent when they received such assistance; or (d) or with respect to which defendants failed to make payment or reimbursement ordered under O.c.G.A. S l7-l2-11(c) and which defendants refuse to payor reimburse; and WHEREAS, CSRA Probation Services, Inc., a duly registered Georgia corporation, is professionally staffed and wishes to provide collection services to Augusta, Georgia; NOW, THEREFORE, this Agreement is made and entered this,:;)Ji day of September, 1999 by and between Augusta, Georgia, a political subdivision of ~State of Georgia and CSRA Probation Services, Inc. ("CSRA"): 1. CSRA shall pursue payment or reimbursement from indigent defendants as authorized under O.C,G.A. S 17-12-11, on behalf of Augusta, Georgia, 2, CSRA shall have the authority to enter into a negotiated settlement with a person who has received legal assistance or benefits as an indigent defendant in an amount less than is owed for benefits received. Such negotiated settlement, however, must have prior approval of the Tripartite Indigent Defense Committee before any settlement shall be entered into and be binding upon Augusta, Georgia, 3. CSRA shall tender to Augusta all collections collected monthly by the 10th day of the following month, such payment to be made to Accounting, Room 105, 530 Greene Street, Augusta, Georgia 30911. 4, CSRA shall submit monthly reports to the Tripartite Indigent Defense Committee and to Augusta, Georgia by the 10th day of the following month summarizing the amount of collections, 5. CSRA shall provide general liability insurance coverage in an amount of not less than $1,000,000, naming Augusta, Georgia its elected officers and officials, as additional insureds under said policy. CSRA shall maintain a $200,000 bond on all employees that receive, collect, or directly handle money, A fidelity bond of $100,000 shall be maintained on all other employees. ......~'1. --..-' ..., . """""'-" 6. In consideration of the collection services provided, CSRA shall receive thirty-five (35%) per cent of all monies collected, All costs incident to collection of same shall be paid by CSRA. 7, CSRA shall maintain all collections in a banking institution approved by Augusta, Georgia. All accounts established for this purpose shall be interest bearing accounts and interest earned on monies deposited in such account shall be the property of Augusta, Georgia and shall be paid, together with other monies, on a monthly basis. 8. If a determination is made by CSRA that the indigent lacks financial resources to make regular payments, this will be reported to the Tripartite Indigent Defense Committee with a recommendation for action as to future collections. 9. CSRA 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 cost and expenses incident thereto (including without limitation cost of defense, settlement and reasonable attorney's fees) in any way related to or arising out of any failure of CSRA 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 CSRA, including without limitation any negligent, willful or otherwise tortuous act or omission. CSRA acknowledges that, in connection with its performance of this Agreement, its agents, representatives and employees will be responsible for certain monies and properties of Augusta, Georgia, and CSRA specifically 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 cost of defense, settlement and reasonable attorney's 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 CSRA. For purposes of this section, CSRA includes any officer, agent, employee and/or representative of CSRA, and "Augusta, Georgia" includes the Augusta-Richmond County Commission, its Mayor, elected officials, officers, agents, employees and/or representatives, as well as the Tripartite Indigent Defense Committee, This indemnity obligation of CSRA shall survive the expiration and termination of this Agreement. 10, All policies providing insurance coverage required to be maintained by CSRA hereunder shall list Augusta, Georgia, the Augusta-Richmond County Commission, and its Mayor, and its elected officials, officers, agents, members, employees and successors as named insureds, as the interest 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 or CSRA or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insureds. No insurance policy providing insurance coverage required to be, provided by CSRA 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 CSRA, 11. This Agreement will extend for one (1) year from the date of execution, 2 l~J". . '\ '. ~.f"-~~, .- 12. Notwithstanding the date of expiration of this Agreement, this Agreement 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 Agreement is not renewed or is terminated by Augusta, CSRA agrees to cooperate with and assist Augusta in making an orderly transfer of responsibility for collection of monies. It is further understood and agreed that all files regarding indigents shall remain the property of Augusta, Georgia, and will be turned over to Augusta or its designee upon termination of this Agreement 13. Augusta may terminate this Agreement in the event of breach of any terms or provisions of this Agreement by CSRA, Prior to termination, Augusta shall give written notice to CSRA regarding the breach and shall allow CSRA twenty (20) days to cure or correct such breach, In the event CSRA fails to cure or correct such breach Augusta may terminate this Agreement Augusta may also terminate this Agreement immediately upon written notice to CSRA if CSRA becomes insolvent or fails protection under any chapter of the U. S. Bankruptcy Code, 14. It is understood by CSRA that the providing of collection serVices to Augusta shall not be paid for or funded in any way by Augusta, Georgia. 15. The foregoing constitutes the entire Agreement between the parties and supersedes any representation or agreements heretofore made and may be amended only by document in writing signed by a duly authorized representative of Augusta and CSRA. This Agreement has been executed by, delivered to and accepted by Augusta in the State of Georgia, and the provisions hereof shall be governed by the laws of the State of Georgia, 16. 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, Augusta hereby consents to jurisdiction and venue in said Court, and waives any right to contest jurisdiction or venue in said Court. IN WITNESS WHEREOF, the duly authorized representatives of Augusta, Georgia and CSRA have set their hands and seals as of this 51- day of Se-(Jr: , 1999. ~ erk ~ By: CfJ As its Mayor 3 ~~ .",,", ... . ".~'f~:"_. CSRA PROBATION SERVICES,JNC. _ -"",'_ / /J~":>""=---' '.:_">, . By: //~ ",-.,," '-"/::::~_ As its President . ..; ":-"'.'":' ."'/'.......:=.-::: ~ ~:: ~ ~...~'; = -:-; ~ (SEAL) \::-,:~>~~~'~i /Pr,. -:-_-"7-:-'~' 4