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HomeMy WebLinkAboutTHE HOUSING AUTHORITY AND RICHMOND COUNTY SHERIFF'S OFFICE (12) SWON SHERIFF'S DEPUTIES STATE OF GEORGIA ) ) ) AGREEMENT COUNTY OF RICHMOND 1<" THIS AGREEMENT entered into on this 1 , day of December, 2009, by and between THE HOUSING AUTHORITY OF THE CITY OF AUGUSTA-RICHMOND COUNTY, GEORGIA, hereinafter referred to as the "Authority," and RICHMOND COUNTY SHERIFF'S OFFICE, hereinafter referred to individually as the "Sheriff', and AUGUSTA-RICHMOND COUNTY, GEORGIA, hereinafter referred to collectively with the Sheriff as the "County". WITNESSETH WHEREAS, the Authority desires to contract with the County to provide twelve (12) sworn Sheriffs deputies (hereinafter "Officers") to patrol III the housing communities/developments owned and/or managed by the Authority within the territorial limits of Augusta-Richmond County, Georgia (hereinafter the "Housing Communities"); and WHEREAS, the County is willing to assign twelve (12) Officers to patrol in all of the Housing Communities under the terms and conditions hereinafter set forth. NOW, THEREFORE, it is agreed between the Authority and the County as follows: 1. The County will provide twelve (12) Officers, at least two (2) of whom shall have the rank of sergeant, who shall be assigned to provide police protection and patrol services to the Housing Communities, including any future additions to such Housing Communities and any new housing communities within the territorial limits of Augusta-Richmond County, Georgia, which may be developed in the future, provided that the County deems it reasonable to encompass such additions to the patrol area. The twelve (12) Officers shall be assigned to various shifts as deemed necessary by the County. However, the County shall consult with the Authority, periodically, about officer assignments and shift schedules. Page 1 of7 2. The Authority shall reimburse the County the cost incurred to employ the Officers, including payments for salaries, social security, unemployment, insurance, the costs of funding retirement benefits, workers' compensation and other fringe benefits, and the cost of training, equipment, materials, supplies, and utilities. The amounts reimbursed pursuant to this Agreement shall be paid quarterly, payable upon receipt by the Authority of written statements and copies of payroll time reports supporting the amounts billed for each assigned officer from the County Comptroller. The amount paid by the Authority pursuant to this Agreement shall not exceed $500,000 per calendar year, and the Sheriff shall select, employ and pay Officers who patrol in the Housing Communities in a manner so as not to exceed the monetary limit set forth in this Agreement. 3. The parties intend and declare that the relationship between them created by this agreement shall be that of independently contracting parties. The parties are not joint venturers or partners. The Authority is interested only in the results obtained under this Agreement. The manner and means of providing the services required by this Agreement are under the sole discretion and authority of the County, which shall have sole responsibility for all acts and actions of the Officers assigned hereunder; provided, however, that nothing contained herein shall constitute any waiver of any immunity or other defense available to municipalities or counties under Georgia law. The Officers assigned pursuant to this agreement shall be regular employees of the Richmond County Sheriff s Office and not employees or agents of the Authority. 4. The Sheriff shall make a good faith effort to assign Officers who are capable of functioning effectively in public housing communities. Concerns by the Authority about patrol routes, officer shifts and the suitability of a particular Officer, may be made known to the Page 2 of7 Sheriff s designated representative in writing and the Sheriff shall take such concerns into consideration. However, the final decision whether to modify routes, adjust shifts or reassign an Officer shall. be made by the Sheriff. The Sheriff shall provide a list of the assigned Officers to the Authority together with telephone contact information for each Officer. 5. Assigned Officers will take active steps to become knowledgeable about the Authority's Housing Communities, its tenants and the problems they face in order to develop more effective methods to address criminal behavior in the Housing Communities. The Officers will: a) Conduct foot patrols; b) Attend Resident Association meetings; c) Consult with public housing managers concerning potential problem areas and criminal activity; and d) Make security and drug resistance training available to public housing residents during resident association meetings as may reasonably be requested. 6. The activities of the Officers shall be confined to the enforcement of criminal law, and they shall have no obligation or authorization to act in civil matters. However, Officers shall continue to be subject to all subpoenas and process served pursuant to applicable state and federal law. 7. The County shall make public information regarding criminal activity in the Authority's Housing Communities available to the Housing Authority's Executive Director, or his designated representative, provided that the disclosure of such information does not jeopardize police investigations. Specifically, the County shall provide to the Authority copies Page 3 of7 of all police incident reports and statistical information of criminal activity occurring in the Authority's Housing Communities and/or involving public housing residents. The County shall also provide the Authority with statistical information regarding criminal activity occurring county-wide. The Sheriff shall have the sole discretion to determine whether the disclosure of information pursuant to this provision jeopardizes police investigations. 8. A designated representative of the Sheriff shall meet with the Authority's Executive Director, or his designated representative, periodically to review the services provided by the Officers. Upon written request by the Authority, but not more than quarterly, the Sheriffs representative shall also provide written reports of all special activities and training conducted in the Authority's Housing Communities by assigned Officers. 9. The patrol areas of the assigned Officers shall be limited to the Authority's Housing Communities and their surrounding environs. However, the assigned Officers shall be authorized to respond to emergencies in areas outside, but nearby, the Authority's Housing Communities. The assigned Officers shall be at all times part of the Richmond County Sheriff s Office's force and subject to the control of the Sheriff, and shall be required to obey orders to attend to emergencies anywhere within the Sheriff s jurisdiction. The Sheriff agrees to restrict the use of the Officers assigned to the Housing Communities for calls outside their assigned Housing Community patrol areas to unusual emergency situations. The County further agrees to take all reasonable steps to avoid directing the assigned Officers to calls outside their assigned Housing Community patrol areas. 10. To the extent that the Authority has a need for police officers in connection with specific events or occurrences in its Housing Communities which require police services above and beyond that provided by the twelve (12) assigned Officers, the Authority may contract with Page 4 of7 off-duty Sheriffs deputies to provide this additional protection. Any such off-duty Sheriffs deputies under Agreement with the Authority shall be independent contractors and not employees ofthe Authority. 11. The County will provide the assigned Officers with such patrol vehicles and other equipment as may be reasonable in order to allow them to carry out the duties required hereunder. 12. The obligations created by this Agreement are intended to be in addition to, and not in lieu of, any and all provisions in the existing COOPERATION AGREEMENT between the Authority and the County. Specifically, the County agrees that the services rendered by the Officers assigned pursuant to this Agreement are above and beyond the baseline services that are routinely provided to citizens of the County, including those citizens residing in the Authority's Housing Communities. The County agrees that it will not reduce the level of any police services that would otherwise be provided to the Authority's Housing Communities outside of this Agreement as citizens of the County including, but not limited to, patrol, criminal investigations, records dispatch and special operations. 13. a) The term of this Agreement shall be for a two (2) year period commencing on January 1, 2010 (hereinafter the "Commencement"). The Agreement shall be automatically renewed for successive one-year terms unless modified, amended or sooner terminated by the parties as herein set forth. b) This agreement may be terminated by either party on the anniversary date of Commencement by giving written notice to the other party not less than ninety (90) days prior to the anniversary date of the Commencement of this Agreement. In the event that this Agreement is so terminated, the County shall have no obligation to refund any monies previously Page 5 of7 paid by the Authority except as may become necessary under subsection ( c) herein and the Authority shall have no obligation to compensate the County for any expenditures made in furtherance of this Agreement except as set forth herein. c) In the event that either party gives notice of its intent to terminate this Agreement, the County shall have the right to gradually reassign Officers from their assignments within the Authority's Housing Communities as other positions become available during the remaining term of the Agreement. The County shall not be entitled to reimbursement from the Authority for expenses incurred with respect to any Officers who have been removed from their assignment in the Authority's Housing Communities. 14. This Agreement represents the entire agreement reached between the parties and there are no other duties or obligations of either party not specifically set forth herein. Any amendment or modification to this agreement must be made in writing and signed by all parties. IN WITNESS WHEREOF, the parties have caused their proper officers to execute this Agreement on the day and year above written. Signed, sealed and delivered in the presence of: ) ) ) ) ) ) ) ) ~~__L~ NOTARY PUBLIC Dluw,,",'2.. COUNTY, GEORGIA My Commission Expires: H^;y J/20/v By: AsIt1: L/' ATTEST: As Its: Page 60f7 Signed, sealed and delivered ) in the presence of: ) ?t1;:{fliL~' l (}&~~COUNTY, GEORGIA ) My Commission Expires: ) -NGtafy-Pub!:c, Columbia County, Georgia ) My Commission Expires July 27, 2010 Signed, sealed and delivered ) in the presence of: ) ~/. ~tJ~~ >>OTItR~BLIC. ) tf..t-d~OUNTY, GEORGIA ) My Commission Expires: ) Notary Public" R!climoorl Co'Jmy. Georgia ) My Comrn\s:::\U;J E:;~t~lf3~ OCL 17, 2010 AUGUSTA-RICHMOND COUNTY, GEORGIA RICHMOND COUNTY SHERIFF'S OFFICE By: As Sheriff of Augusta-Ri ond County ATTEST: As Its: ~~ HMIA f.-J- Page70f7 -~, ,~" ,." -,/' .. , .~. 'r RICHMOND COUNTY ) ) ) CONTRACT STATE OF GEORGIA fHIS AGREEMENT entered into on this ~ day of #..Jrl2,l f.I- ,1!39 ~, by and between THE HOUSING AUTHORITY OF ~E CITY OF AUGUSTA, GEORGIA, hereinafter referred to as (the "Authorityll) and AUGUSTA, GEORGIA, hereinafter referred to as (liThe County II ) . WITNESSETH WHEREAS, the Authority desires to contract with the County to provide fifteen (15) sworn Sheriff's deputies (hereinafter "Officers") to patrol in the public housing communities owned and )- managed by the Authority within the territorial limits of Augusta, Georgia; and WHEREAS, the County is willing to assign fifteen (15) officers to patrol in all of the public housing communities owned and managed by the Authority under the terms and conditions hereinafter set forth. NOW, THEREFORE, it is agreed between the Authority and the County as follows: 1. a) The County will provide fifteen (15) officers', at least two (2) of whom shall have the rank of sergeant, who shall be assigned to provide police protection and patrol services to the Authority's public housing communities, including any future Page 1 of 9 additions to such communities and any new housing projects within the territorial limits of Augusta, Georgia, which may be .' developed in the future, provided that the County deems it reasonable to encompass such additions to the patrol area. The fifteen (IS) officers shall be assigned to various shifts as deemed necessary by the County. However, the County shall consult with the Authority, periodically, about officer assignments and shift schedules. 2. a) The Authority shall reimburse the County the )- amount paid to the assigned officers for salaries, social security, unemployment and health insurance premiums and other benefits paid to or attributed to the assigned officers. The. amounts reimbursed pursuant to this agreement shall be paid quarterly, payable upon receipt by the Authority of written statements and copies of payroll time reports supporting the amounts billed for each assigned officer from the County Comptroller. b) The amount paid by the Authority pursuant to this agreement shall be adjusted upward to include any and all future increases in salaries, social security, unemployment and health insurance premiums and other benefits paid to or attributable to the assigned officers. 3. The parties intend and declare that the relationship Page 2 of 9 ." .,t )- between them created by this agreement shall be that of independently contracting parties. The parties are not joint venturers or partners. The Authority is interested only in the results obtained under this contract. The manner and means of providing the services required by this agreement are under the sole discretion and authority of the County, which shall have sole responsibility for all acts and actions of the officers assigned hereunder; provided, however, that nothing contained herein shall constitute any waiver of any immunity or other defense available to municipalities under Georgia law. The officers assigned pursuant to this agreement shall be regul~r employees of the Augusta, Georgia Sheriff's Department and not employees or agents of the Authority. 4. The County shall make a good faith effort to assign officers who are capable of functioning effectiv~ly in public housing communities. Concerns by the Authority about patrol routes, officer shifts and the suitability of a particular officer, may be made known to the Sheriff's Department's designated representative in writing and the County shall take such concerns into consideration. However, the final decision whether to modify routes, adjust shifts or reassign an officer shall be made by the County. 5. Assigned officers will take active steps to become Page 3 of 9 knowledgeable about the Authority's communities, its tenants and the problems they face in order to develop more effective :methods to address criminal behavior in public housing communities. The officers will: a) Conduct foot patrols; b) Attend Resident Association meetings; c) Consult with public housing managers concerning potential problem areas and criminal activity; and d) Make security and drug resistance training ~ available to public housing residents during resident association meetings as may reasonably be requested. 6. The activities of the officers shall be confined to the enforcement of criminal law and they shall have no obligation or authorization to act in civil matters. However, officers shall ,~ continue to be subject to all subpoenas and process served pursuant to applicable state and federal law. 7. The County shall make public information regarding criminal 'activity in the Authority's public housing communities available to the Housing Authority's Executive Director, or his designated representative, provided that the disclosure of such information does not jeopardize police investigations. Specifically, the County shall provide to the Authority copies of Page 4 of 9 )- police incident reports and statistical information of criminal activity occurring in the Authority's public housing communities and/or involving p~blic housing residents. The County shall also provide the Authority with statistical information regarding criminal activity occurring county-wide. The Sheriff's Department shall have the sole discretion to determine whether the disclosure of information pursuant to this provision jeopardizes police investigations. 8. A Sheriff's Department representative shall meet with the Authority's Executive Director, or his designated representative, once monthly to review the services provided by the officers. Upon written request by the Authority, but not more than quarterly, the Sheriff's Department's representative shall also provide written reports of all special activities and training conducted in the Authority's public housing communities by assigned officers. 9. The patrol areas of the assigned officers shall be limited to the Authority's neigrillorhoods and their surrounding environs. However, the assigned officers shall be authorized to respond to emergencies in areas outside, but nearby, the Authority's public housing communities. The assigned officers shall be at all times part of the Augusta, Georgia ,Sheriff's Department force and subject to the control of Augusta, Georgia Page 5 of 9 ,< Sheriff's Department, and shall be required to obey orders to attend to emergencies anywhere within the Department's jurisdiction. The County agrees to restrict the use of the officers assigned to the public housing communities for calls outside their public housing patrol areas to unusual emergency situations. The County further agrees to take all reasonable steps to avoid directing the assigned officers to calls outside their pUblic housing patrol areas. 10. To the extent that the Authority has a need for police officers in connection with specific events or occurrences in its housing communities which require police services above and beyond that provided by the fifteen (15) assigned officers, the Authority may contract with off-duty Sheriff's deputies to provide this additional protection. Any such off-duty Sheriff's deputies under contract with the Authority shall be independent contractors and not employees of the Authority: 11. The County will provide the assigned officers with such patrol vehicles 'and other e~~ipment as maybe reasonable' in order to allow them to carry out the duties required hereunder. 12. The County shall lease from the Authority appropriate premises at four (4) of its public housing communities to serve as substations for the officers. The cost of leasing said premises shall be the cost of providing water, gas and Page 6 of 9 .: ;, b) This agreement may be terminated by either party at the end of either the first or the second year by giving written notice to the other party not less than ninety (90) days Page 7 of 9 )- prior to the anniversary date of the agreement. In the event that this agreement is so terminated, the County shall have no obligation to refund any monies previously paid by the Authority except as may become necessary under subsection (c) herein and the Authority shall have no obligation 'to compensate the County for any expenditures made in furtherance of this agreement. c) In the event that this agreement is so terminated, the County shall have the right to gradually reassign officers from their assignments within the Authority's communities to the Sheriff's Department as positions become available. The County shall credit the Authority with any amounts of compensation which, except for such reassignment, would have been earned by such officers in performance of patrol duties for the Authority during the time remaining under the ninety (90) day notice period. 15. This Agreement represents the entire agreement reached between the parties and there are no other duties or obligations of either party not specifically set forth herein. Any 'amendment or modification to this agreement must be made in writing and signed by both par.ties. IN WITNESS WHEREOF, the parties have caused their proper officers to execute these presents and affix their respective Page 8 of 9 . seals hereto on the day and year above written as the date of these presents. Signed, sealed and delivered ) in the presence of: ) ,fZLL~,>>~ ~ NOTARY PUBLI C , R.I :III [: htt C.........UM8Z>>) COUNTY, GEORGIA ) : ) My Commission EXPires"(~1/~! ) ) Signed, sealed and delivered )- in the presence of: 44~ ~OTARY PlffiL~'RICHMOND COUNTY, GEORGIA My' Commission Expires Notary Public, Richmond Count)" Georgia My Commission Expires Dec. 5. 2001 HOUSING AUTHORITY OF THE CITY OF AUGUSTA, GEORGIA ATTEST: As its: ) ) ) ) ) ) ) ) ) ATTEST: As its: ~ Page 9 of 9