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HomeMy WebLinkAboutDepartment of Children and Youth Services (2) Augusta Richmond GA DOCUMENT NAME: de;ot. D~ C)\\\6,(ef\ c\ '-(oJ-m ~\{\J\l--e,~ DOCUMENT TYPE: CDnt'( O~--\- YEAR: C\\ BOX NUMBER: QO) FILE NUMBER: \8..QG "\ NUMBER OF PAGES: \ D . y 01,/ Eugene P. Walker, Ph.D. DlHDi(dBl'aUo.*~. / Commlaaloner DEPARTMENT OF CHILDREN AND YOUTH SERVICES 2 Peachtree Street, Atlanta, Georgia 30303-3139 404-657-2410 FAX: 404/657-2479 APPROVED JAN 2 1 1997 (AUGUSTA-RICHMOND COUNTY COMMISSION) December 23, 1996 tI\!~OO'fA,~\CHMONO COUNTY ~~~"AAlOO'S OFfICE Ms. Linda Beasley Board of Commissioners of Richmond County City-County Municipal Building - Room 605 Augusta, Georgia 30911-3499 Dear Ms Beasley: Enclosed are the original and two (2) copies of FY97 contract between The Department of Children and Youth Services and the Board of Commissioners of Richmond County. Please obtain the appropriate signature and return the original and two (2) copies to me. I will obtain the departmental signature and forward to you a fully executed copy. If you have any questions, please contact me at (404) 657-6542. Sincerely, tbt~i?fu6o- Contract Coordinator \csm Enclosures I\PP ,1.o~a> Fu 1< A<;.ra-JD~ . ~ 1<-. ~ ,/I/q 1 AN EQUAL OPPORTUNITY EMPLOYER ot/ Eugene P. Walker, Ph.D. ::G'8HDlb1_tatJl))lt:lCM~ / Commissioner DEPARTMENT OF CHILDREN AND YOUTH SERVICES 2 Peachtree Street, Atlanta, Georgia 30303-3139 404-657-2410 FAX: 404/657-2479 APPROVED JAN 2 1 1997 ~llW!ElID ~~6 2 'I $& " (AUGUSTA.RICHMOND COUNTY COMMISSION) December 23, 1996 ^\H~i.K\l M~\CHMONO CCIJNrY ~~~\'nATOR'S QFf1Cf Ms. Linda Beasley Board of Commissioners of Richmond County City-County Municipal Building - Room 605 Augusta, Georgia 30911-3499 Dear Ms Beasley: Enclosed are the original and two (2) copies of FY97 contract between The Department of Children and Youth Services and the Board of Commissioners of Richmond County. Please obtain the appropriate signature and return the original and two (2) copies to me. I will obtain the departmental signature and forward to you a fully executed copy. If you have any questions, please contact me at (404) 657-6542. Sincerely, tbt:~i?f~(j- Contract Coordinator \csm Enclosures F\ P P ic.. 0 '\J a> Fo ,(? A-c, 8-J 1:> ~ , ~ 1<.. ~ 1, /q 1 AN EQUAL OPPORTUNITY EMPLOYER OFFICE OF THE CLERK OF COMMISSION Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Oerie January 29, 1997 Ms. Constance S. McCrary Contract Coordinator State of Georgia Department of Children and Youth Services 2 Peachtree Street Atlanta, Georgia 30303-3139 Dear Ms. McCrary: The Augusta-Richmond County Commission in its regular meeting on January 21, 1997 approved the FY97 contract between The Department of Children and Youth Services and the Augusta- Richmond County Commission. As requested, I am returning the original and two (2) copies with the appropriate signatures to you for your department's execution. Should you have any questions or need any additional information, please feel free to call. ~~~ Clerk of Commission Enclosure: 530 Greene Street. Augusta, Georgia 30911 . (706) 821-1820 . Fax (706) 821-1 8~8 Department of Children and Youth Services FY97 Board of Commissioners of Richmond County STATE OF GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES CONTRACT DEPARTMENTAL ADMINISTRATIVE INFORMATION: ~ CONTRACT #461-93- Act 1359 _Yes -LNo Total Obligation: $ ..Qll Program Officer Code _ Expense 035 Program Code ~ Equip. Inventory Locator # Federal; $ State: $ Other: $ 266.211.00 CFDA # Minority Contractor _ Yes~No Lobbying: -L Revenue Certification _Yes ~ No Disclosure _Yes -LNo SECTION I; PARA #101 CONTRACT BETWEEN: (101) 3/24/88 A The Department of Children and Youth Services, an agency of the State of Georgia legally empowered to contract pursuant to O.C.G.A. 49-4A-7, and hereinafter referred to as the DEPARTMENT; AND The Board of Commissioners of Richmond County, Room 605, City-County Municipal Building, Augusta, Georgia 30911-3499, legally empowered to contract pursuant to the Laws of Georgia, and hereinafter referred to as the COUNTY. Nothing contained in this contract shall be construed to constitute the County or any of its employees, agents, or subcontractors as a partner, employee, or agent of the Department, nor shall either party to this contract have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor. This contract has an effective beginning date of July 1, 1996, and shall continue indefinitely until adequate state funds are appropriated to provide salaries for the six (6) positions profiled on Attachment A and to provide support services for the total seventeen (17) positions transferred from Richmond County. Department of Children and Youth Services FY97 Board of Commissioners of Richmond County PARA #102 DEPARTMENT AND CONTRACTOR AGREEMENTS: (102) 3/8/83 A WITNESSETH: WHEREAS, the Georgia General Assembly appropriated the sum of $200,000.00in the Fiscal Year 1995 Appropriation Act to provide for Phase I of a multi-phase process to transfer the Richmond County Juvenile Intake and Prob~'tion function to the State and a total of five (5) staff were transferreo to Merit System, Classified Positions pursuant to Phase I, and WHEREAS, the Georgia General Assembly has appropriated the sum of $200,OOO.00in the Fiscal Year 1996 Appropriation Act to provide for Phase II of the transfer of the Richmond County Juvenile Intake and Probation function to the State and a total of six (6) staff were transferred to Merit System, Classified Positions by this contract pursuant to Phase II, and WHEREAS, State Fund appropriations are not adequate to transfer six (6) remaining positions to State-Funded Merit System Positions or to pay for operating expenses to support any of the seventeen (17) positions in the juvenile intake and probation function, and WHEREAS, the County has represented to the Department its desire for the Department to retain the remaining six positionslstaff profiled on Annex A and the County has further agreed to reimburse the Department for the salary costs incurred for these six (6) remaining positions. NOW, THEREFORE, in consideration of the mutual covenants herein set forth, it is agreed by and between the parties hereto as follows: A. The County agrees: 1. To fully reimburse the Department for the actual cost of salaries for the six (6) employees listed on Annex A. These employees were placed on unclassified positions effective January 1, 1995, with the intent to transfer the six staff to permanent, Merit System positions when adequate state funds were appropriated to fund the salary cost. 2. That in order to facilitate this transfer of juvenile intake and probation services to the Department, the County will provide supplies, office space, telephone and utilities service for the seventeen (171 employees being transferred to the state until such time as the Department acquires state fund appropriations to pay such costs. 3. To pay the travel expenses for the seventeen (17) positions transferring to the Department until such time as the Department acquires state fund appropriations to pay such costs. Travel reimbursements shall be paid directly to the seventeen (17) employees. 4. To allow the Department the use of any and all equipment currently used by the seventeen (17) transferring employees subject to the title to said equipment remaining in the County. Disposal of transferred equipment shall be by return of said equipment to the County. 5. That if additional funds are not appropriated to fund for all seventeen (17) positions and operating expenses, the County will continue indefinitely to provide funding to the Department to pay the salary for the last six (6) positions and the operating expenses and travel costs for all seventeen (17) positions. The County further agrees to continue the provision of such other services provided for in this contract, i.e. equipment, supplies, travel, office space, utilities and telephones until State funds are made available to assume the costs. 6. That if State funds are not appropriated to fully fund the Richmond County Juvenile Intake and Probation function, the Department may at anytime transfer back to Richmond County the responsibility for said intake and probation services and the County agrees to rehire (or hire) the incumbents of the seventeen (17) transferred positions, or any portion of the positions, at the employee's then current salary with the Department, and 2 Department of Children and Youth Services FY97 Board of Commissioners of Richmond County reinstate employees unpaid sick leave, annual or vacation time, as would have been afforded such employee but for this transfer, less any sick leave, vacation time or annual leave that may have been taken by such employee or compensated by the County. 7. To provide the Department the flexibility to hire replacement staff at comparable salaries to replace terminating employees and to afford such replacement employees the same benefits afforded e~ployees transferred from the County. More specifically, the County agrees to reimburse the Department for replacement employee's salaries if said terminating employees are included on Annex A, pay travel expenses for replacement employees as provided herein for transferring employees and to provide such other support to replacement staff as is afforded transferring employees under this contract. AND B. The Department will continue the staff/positions profiled on Annex A. C. Both Parties agree to cooperate in the management Df the juvenile intake.and probation function during this transition period. D. Mailing Address: 1. The Department's mailing address and telephone number for correspondence, reports, and other matters relative to this contract, except as otherwise indicated, are: Department of Children and Youth Services 2 Peachtree Street, 5th Floor A tlanta, Georgia 30303-3139 Attn: Gwendolyn Skinner Telephone #: 404-657-2431 2. The County mailing address and telephone number for correspondence, reports, and other matters relative to this contract are: Board of Commissioners of Richmond County City-County Municipal Building - Room 605 Augusta, Georgia 30911-3499 Attn: Ms. Linda Beasley, County Administrator Telephone #: 706-821-2400 FAX #: 706-821-2819 PARA # 105 CONFLICT OF INTEREST: (105) 4/12/85 A The County and the Department certify that the provisions of the Official Code of Georgia Annotated, Section 45-1 0-20through 45-10-28, as amended, which prohibit and regulate certain transactions between certain state officials or employees and the State of Georgia, have not been violated and will not be violated in any respect. PARA #106 CONTRACT MODIFICA T10NIAL TERA TION: (106) 3/3/86 3 Department of Children and Youth Services FY97 Board of Commissioners of Richmond County No modification or alteration of this agreement, except for budget revisions between existing line items which have been approved in advance by the Department, will be valid or effective unless such modification is made in writing and signed by both parties and affixed to this contract as an amendment indicating the DCYS contract number involved, the original contracting parties and the original effective date of the contract and the paragraph(s) being modified or superseded, except as stated in subparagraph B immediately below. ... PARA #107 DEPARTMENT'S RIGHT TO SUSPEND CONTRACT: (107) 1/21/85 The Department reserves the right to suspend the contractlsubgrant in whole or in part under this contract provision if it appears to the Department that the County is failing to substantially comply with its duties as required under this contract. PARA #108 TERMINATION: (108) 1/21/85 A. Due to default or for cause. This contract may be terminated for cause, in whole or in part, at any time by the Department for failure of the County to perform any of the provisions hereof. Should the Department exercise its right to terminate this contract under the provisions of this paragraph, the termination shall be accomplished in writing and specify the reason and termination date. The County will be required to submit the final contract expenditure report not later than 45 days after the effective date of written notice of termination. The above remedies are in addition to any other remedies provided by law or the terms of this contract. B. For Convenience. This contract may be cancelled or terminated by either of the parties without cause; however, the parties seeking to terminate or, cancel this contract must give written notice of its intention to do so to the other party at least 60 days prior to the effective date of cancellation or termination. PARA #112 PUBLICITY: (112A) 311/92 * Any publicity given to the program or services provided herein, including, but not limited to, notices, information pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the County, shall not identify the Department as a sponsoring agency without prior approval by the Department's managing programmatic section. In addition, the County shall not display the Department's name in any manner, including, but not limited to, display on County's letterhead or physical plant, without the prior written authorization of the Commissioner of the Department. PARA #113 HOLD HARMLESS CLAUSE: (113)1211/79 A The Department and its employees are to be held harmless for any claim growing out of any action performed by the County, its agents, employees, or any of its subcontractors under any provision of this contract. The County specifically agrees to indemnify and hold harmless the Department from any and all claims by any of the transferred employees from any and all claims arising out of their termination, transfer, or loss of benefits. PARA #114 CONTRACTOR'S RELATIONSHIP WITH YOUTH UNDER DEPARTMENT'S SUPERVISION Relationships between contractors and youth under care and supervision shall be strictly professional at all times. Contractors are expected to treat youth under care or supervision and their families with respect and courtesy, exercising patience and discretion in carrying out business in behalf of the Department of Children and Youth Services. Contractors will respect and protect the civil and legal rights of such youth. Contractors are prohibited from using their official position to develop or secure privileges or personal gains for themselves or others, and from engaging in any activities that may give the appearance of constituting a conflict of interest for the Department of Children and Youth Services. Contractors must neither offer or accept from youth any gift, loan or special favor which might suggest more favorable treatment than afforded other youth. 4 Department of Children and Youth Services FY97 Board of Commissioners of Richmond County It is considered improper for contractors to become personally, romantically or sexually involved with any youth under the care or supervision of the Department of Children and Youth Services. Staff (DCYS or contracted) shall report to the immediate supervisor without reservation any written correspondence or unethical behavior that could adversely affect the integrity of staff, youth or the Department of Children and Youth Services. For additional information on this subject please refer to DCYS Policy and Procedure Manual Chapter 2, Policy 2.1 B. -'Sexual Harassment and J.2 - Relationships with fellow employees and Chapter 17, Policies 17.2 - Reporting Abuse and Neglect and 17.3 - Reporting Special - Incidents and DCYS Administrative Policy and Procedures Manual, Part I.D.5. ... SECTION II: PARA #201 CONTRACTOR'S PAYMENT TO THE DEPARTMENT: (201 E) 2/23/84 A. The County shall reimburse the Department for all salary and salary related expenses for the six positions profiled on Annex A. The Department will invoice the County for the billing periods quarterly beginning December 31, 1996. B. The Department shall invoice the County within 60 days of the end of the billing period and the County shall pay said invoice within 30 days of the receipt of the invoice. C. The total estimated amount to be billed to the County under this contract is to be $266,211.00 for Fiscal Year 1997 and is limited to the actual cost incurred for Fiscal Year 1997 and all future years. SECTION IV: PARA #401 CONTRACT ANNEX INCLUSION: (401) 311/92' This contract includes annex as listed below, which are hereto attached: Annex A Detailed Salary Costs - Phase III - Six Positions to be Paid on Temporary Positions until Adequate State Funds are Appropriated 5 Department of Children and Youth Services FY97 Board of Commissioners of Richmond County SIGNATURE PAGE TO CONTRACT BETWEEN THE DEPARTMENT OF CHILDREN AND YOUTH SERVICES AND BOARD OF COMMISSIONERS OF RICHMOND COUNTY .. CONTRACTS WITH COUNTIES IN WITNESS WHEREOF, the parties have each hereunto affixed their signatures the day and year first written above. 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