HomeMy WebLinkAboutGeorgia Department of Children and Youth Services
Augusta Richmond GA
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BOX NUMBER: 0c:9
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NUMBER OF PAGES: ~
,
Office of the Administrator
Room 801 . City-County Bldg (11)
530 Greene Street
Augusta, Georgia 30911
(706) 821-2400 FAX (706) 821-2819
Charles R. Oliver, PE CPA
Administrator
MEMORANDUM
TO:
LENA J. BONNER, CLERK OF COMMISSION
CHARLES R. OLIVER, ADMINISTRATOR Ot J
FROM:
RE:
GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES
DATE:
FEBRUARY 21, 1997
Attached for your records is the original FY97 contract #461-93-700067 between the
Department of Children and Youth Services and Augusta-Richmond County, which has
been properly executed.
CRO/mrk
Attachment
erolbonner-102.21
Eugene P. Walker, Ph.D/Commissioner
fill['
'J-/t.o/a.,
DEPARTMENT OF CHILDREN AND YOUTH SERVICES
2 Peachtree Street, Atlanta, Georgia 30303,3139
404-657,2410 FAX: 404/657,2479
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February 18, 1997
mll'r'uUNH
AUGUS1 A.R\~'rlA' ~OR:s' OFFiCE
ADMINISTn
Mr. Charles R. Oliver
Board of Commissioners of
Richmond County
City-County Municipal Building-Room 605
Augusta, Georgia 30911-3499
Dear Mr. Oliver:
Enclosed is a fully executed copy of the FY97 contract #461-93-700067 between the
Georgia Department of Children and Youth Services and the Board of Commissioners
of Richmond County.
If you have any questions, please contact me at (404) 657-6542.
~vm~~
Constance S. McCrary
Contract Coordinator
/csm
Enclosures
c: Gwen Skinner
AN EQUAL OPPORTUNITY EMPLOYER
,
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- 700067
Act 1359 _Yes ~No
Total Obligation: $
..QZ.l. Program Officer Code
_ Expense
035 Program Code
---=- Equip. Inventory Locator #
Federal: $
State: $
Other: $ 266,211.00
CFDA #
Minority Contractor _ Yes~No
Lobbying:
~ Revenue
Certification _Yes ~ No
Disclosure _Yes ~No
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,OOO,OOin the Fiscal Year 1995 Appropriation Act to
provide for Phase I of a multi-phase process to transfer the Richmond County Juvenile Intake and Probation function to the State
and a total of five (5) staff were transferred to Merit System, Classified Positions pursuant to Phase I, and
WHEREAS, the Georgia General Assembly has appropriated the sum of $200,000.OOin 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 positions/staff
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 (17) 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 (1 7) 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 employees 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 of 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
Atlanta, 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: Mr. Charles R. Oliver, 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 MODIFICATION/ALTERATION:
(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 contract/subgrant 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:
(1 08) 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) 3/1/92 +
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:
(1 13) 12/1/79 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,L - 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,
I, the undersigned Commissioner of Richmond County, certify that this contract has been approved by the Commission of
Richmond County and is entered in the official minutes of the Commission of Richmond County. the Commission of Richmond
County.
CONTRACTOR EXECUTION:
DEPARTMENTAL EXECUTION:
~
,.--
Fer tb~ Commission~r of t~e
Dep;.rtm~nt of ChHdren ar.d Y culli Services
~-~~
~onstance S. McCrary
Department Contract Coordinator
.A., ........
~ IZrl90
signafe () (
()
* * * Date signed by County
* * * Date signed by the Department
Lena J. Bonner
Attestor's typed name
CLERK OF COMMISSION
* *Title of attestor
1/21/97
HMust be Clerk of Commission,
***Must be a date equal to or earlier than the effective date of the contract as specified in paragraph #101 of this contract,
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