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HomeMy WebLinkAboutInmate Work Details with the Department of Transportation Augusta Richmond GA DOCUMENT NAME: r IV ,." I'l T I::; WDR\<. \:) l3 TA Il-S u.> rrH TH e "\) CpACZ1i>1 VJT ~ q-:(ZA ~ q,;pDR..-r J:r-n o,J DOCUMENT TYPE: C,o NTR.f+C T YEAR: 1otCfl1 BOX NUMBER: LP FILE NUMBER: ;} Lj D 'l ~ NUMBER OF PAGES: Ce i' "" to 80 I Fourth Street/Highway 15 South P,O, Box 8 Richmond County Correctional Institution Robert Leverett, Warden 2314 Tobacco Road Augusta, Georgia 30906 Dear Warden Leverett: RE: CONTRACT Telephone 912-552-4600 Fax 912-552-4677 Department of Transportation State of Georgia Office of District Engineer , TenniIle, Georgia 31089-0008, January 15,1999 Enclosed is the contract between the Department of Transportation and the Augusta Commission for use of inmate work details. If ti.1rther information is needed, please advise. Yotlrs very truly, BY: George R. kes District Maintenance Engineer FOR: Michael L. Thomas, P.E, District Engineer GRJ:js Enclosure C: Russell Merritt Bryan Gibbs .. '- I (" i' ~ RICHMOND COUNTY CORRECTIONAL INSTITUTION 2314 Tobacco Road Augusta, Georgia 30906 (706) 798-5572 - FAX (706) 798-811 0 Robert Leverett Warden Jimmie Blackburn Deputy Warden MEMORANDUM TO: George Jukes District Maintenance Engineer Robert Leverett, Warden iJ/J 'i FROM: RE: Contract DATE: September 28, 1998 Enclosed is the Agreement between the Augusta Commission and the Georgia Department of Transportation for Use of Inmate Work Details. Please have the document signed and return one copy to me and retain one copy for your file. RL:cml ' 004, memo .' ~, AGREEMENT BETWEEN AUGUSTA, GEORGIA AND THE GEORGIA DEPARTMENT OF TRANSPORTAT~O~ FOR USE OF INMATE WORK DETAILS ~ This Agreement is made and entered into effective ~~~~ /~ , 1998, by and between Augusta, Georgia, a political subdivision of the State of Georgia ("Augusta"), and the Georgia Department of Transportation ("DOT"). WIT N E SSE T H: WHEREAS, the DOT wishes to utilize inmate work details ("Details") to assist in the maintenance of State highways located in Richmond County; and WHEREAS, Augusta is willing and able to provide the Details to DOT, under the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows: 1. OBLIGATIONS OF AUGUSTA. a. During the term of this Agreement, Augusta shall supply DOT with two (2) Details, each consisting of one (1) full- time correctional supervisor and twelve (12) inmates from the Richmond County Correctional Institute ("RCCI"). b. In performing the work called for under this Agreement, the Details shall work the same hours as DOT's regular employees. The Details may work outside of such hours due to inclement weather or other emergency conditions, if DOT requests and Augusta agrees. c. Augusta shall be solely responsible,for the custody, discipline and productivity of the Details, ,and for providing clothing, food (subject to the provisions of Section 2.c.ii. herein) and health care to the Details. d. Augusta shall be responsible for transporting the Details between RCCI and designated work sites, in vehicles supplied by DOT pursuant to Sec~ion 2.a. herein. 1 : ~, e. Augusta shall be solely responsible for any and all damages or injuries caused to property or persons, and shall save harmless the DOT, its officers, agents and employees from all suits, claims or damages of any nature whatsoever resulting from the negligence of the betails in the performance of work under this Agreement, or trom the use of DOT vehicles and/or equipment by non-approved personnel (as discussed below). f. Augusta shall supply to DOT a list of personnel approved to operate the transportation equipment provided by DOT for the transportation of the Details, and shall update said list as personnel changes necessitate. Augusta shall allow only listed and approved personnel to operation DOT vehicles and equipment used under this Agreement. 2. RESPONSIBILITIES OF DOT. a. DOT shall furnish all equipment, tools, safety equipment, and transportation vehicles for the Details between RCCI and designated work sites. DOT shall further provide for or perform maintenance on all said equipment tools and vehicles, and shall be solely responsible for replacement or repair of same. b. DOT shall provide general direction and supervision of the work to be performed under this Agreement, but no official or employee of DOT shall exercise any immediate control, direction or supervision over any member of a Detail. The sole responsibility for directing, controlling and supervising said Details shall be that of Augusta and its officials, correctional supervisors and employees. Directions as to work to be performed shall be communicated to the correctional supervisor for the Detail in question, who shall then direct the work of the Detail accordingly. c. In consideration of the work to be performed by the Details under this Agreement, DOT shall pay to Augusta an amount equal to the salaries, including fringe benefits, of the two (2) correctional supervisors who are members of the two (2) Details provided pursuant to this Agreement. Augusta shall provide to DOT a schedule of said salaries and fringe benefits. Augusta shall provide DOT with monthly invoices for this cost, which invoices shall name. the correctional supervisor in question and the salary, including fringe benefits, for each. Invoices will be mailed to: Jerry Willis d. DOT shall be solely responsible 'for any and all damages or injuries caused to property or per3ons, ,and shall save harmless Augusta, the Augusta-Richmond County Commission, and its elected officials, officers, agents, employees, and representatives from all suits, claims or damages of any nature whatsoever resulting from any defect or malfunction in the equipment supplied by DOT to Augusta for use in connection with 2 .' the performance of work under this Agreement, whether said defect or malfunction was caused by DOT's actions and/or omissions, or was caused by the actions or omissions of any other source, person or entity. 3. TERM; RENEWAL; TERMINATION. a. This Agreement shall be for an initial term of one (1) year, beginning July 1, 1998 and ending June 30, 1999, unless' earlier terminated in accordance with this section 3. b. This Agreement shall automatically renew for additional terms of one (1) year unless either party notifies the other in writing (given pursuant to Section 4.a herein) of their intent to terminate the Agreement. Said notice must be provided no less than thirty (30) days prior to the scheduled termination of the Agreement. c. Either party may terminate this Agreement upon ten (10) days' written notice (given pursuant to Section 4.a herein) for the default of the other party. d. Either party may terminate this Agreement upon sixty days' written notice (given pursuant to Section 4.a herein) to the other party. 4. MISCELLANEOUS. a. All notices, demands, and requests which mayor are required to be given hereunder shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified, mail (with return receipt requested) addressed as follows: If intended for Augusta: Warden Robert Leverett Richmond County' Correctional Institute 2314 Tobacco Road Augusta, GA 30906 If intended for DOT: Department of Transportation A TTN: Jerry Willis No.2, Capitol Square Atlanta, GA 30334, Either party may change the address and name of addressee to which subsequent notices are to be sent by notice to the other given as aforesaid. 3 , I~ ., ~. b. Governing Law. This Agreement shall be governed and interpreted by the laws of the state of Georgia. c. Entire Agreement; Amendment. This Agreement' contains the entire agreement of the parties, and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. ' No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. This Agreement may not be amended except by a writing signed by both parties. WHEREFORE, the parties have set their hands and seals as of the date first above written. AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Cornmissi [SEAL] GEORGIA DEPARTMEN T N PORTATION ATTEST: As its [SEAL] 4