HomeMy WebLinkAboutAGREEMENT ENTERED INTO EFFECTIVE AS OF TH 13TH DAY OF AUGUST 2014 BETWEEN STATE COURT OF RICHMOND COUNY AND SENTINEL OFFENDER SERVICES LLC. AGREEMENT
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w THIS AGREEMENT is made and entered into effective as of the day of
r-cA- , 2014, by and between the State Court of Richmond County,
Georgia, (hereinafter referred to as the "Court") and Sentinel Offender Services, LLC.,
located at Five Concourse Parkway, Suite 775, Atlanta, Georgia 30328 -6299 (hereinafter
referred to as "Sentinel ").
RECITALS
WHEREAS,
1. The Court has been duly authorized by O.C.G.A. § 42 -8 -100 to establish services
for a probation system for the purpose of providing probation supervision,
counseling, collection services for all monies to be paid by a defendant according
to the terms of the sentence imposed on the defendant as well as any monies
which by operation of law are to be paid by the defendant in consequence of the
conviction and other probation services for persons convicted of misdemeanor
offenses in the Court and placed on probation.
2. The Court has the express authority, by and through its duly elected and/or
appointed officials, to enter into an agreement with Sentinel to provide probation
services, upon the terms and conditions set forth herein, to misdemeanor
probationers. In no event will Sentinel be charged with the responsibility of
supervising a felony sentence unless authorized to do so by law. This agreement
also provides for monitoring of suspended sentences imposed by the Court.
3. Sentinel is a limited liability company duly registered corporation with the
Georgia Secretary of State and is in good standing and registered with the County
and Municipal Probation Advisory Council.
4. Sentinel is professionally staffed and able to provide misdemeanor probation
services as described in Paragraph 1.
5. Probation Officers providing services to the Court shall be at least twenty -one
(21) years of age at the time of appointment to the position of probation officer
and at a minimum have completed a standard two -year college course or possess
four years of P.O.S.T. law enforcement experience.
6. Sentinel shall provide an initial forty (40) hours of orientation training to all
probation officers and twenty (20) hours of continuing education per annum as
approved by the County and Municipal Probation Advisory Council.
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7. Sentinel all re criminal re s and employees providing as
services to the Court and shall not employ any persons all having convic other
than for minor traffic offenses.
8. Sentinel and its employ shall not engage ch in activities that conflict with the
responsibilities set forth herein. Sentinel certifies that to the best of it
knowledge no employee of the Court, Augusta , Richmond County, n an
elected officials, nor any public agency ecord or official affected by this Ag ree m ent, h
any pecuniary interest in the business of Sentinel, and taff that no person associated
with Sentinel has any interest that would conflict in any manner or degr with
the performance of the Agreement
9. Sentinel will at all times observe and comply with all laws, ordinances, an
regulations of the federal, state, and local governments which may in any manner
affect the performance of this Agreement.
10. Sentinel shall comply with the legislative enactment (O.C.G.A. § 42 -8 -100
through 108), as well as all standards and qualifications as set forth by the County
and Municipal Probation Advisory Council and shall comply with the "Rules and
Regulations of the County and Municipal Probation Advisory Council," as
promulgated and as may be amended from time to time.
11. It is understood and agreed by Sentinel that the providing of probation services to
the Court shall not be paid for or funded by the Court of Augusta, Georgia.
ARTICLE ONE
Services by Sentinel
Sentinel agrees to provide the following misdemeanor probation services for and
on behalf of the Court:
1. Attend regularly scheduled Court sessions for the purpose of obtaining sentencing
information and personal history information for each offender placed on
probation and provide information in regards to current probation status if
relevant. Dates of regularly scheduled court sessions will be made available to
Sentinel in advance.
2. Conduct an initial interview with each probationer at the time of his or her
sentencing or as soon thereafter as is practicable for purposes of explaining the
scope of the court order relative to fines, fees and/or restitution imposed. All
requirements and conditions of the sentence and probation supervision will be
explained to the probationer.
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,
r 3 Collect from probati court ordered fines, restitution and oer t with
order of the Co
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. Prep referrals an l end assistance to probationers ei ordered to receive associa or desiring
co or e m plo yment assistance. Probationers identified by the Court as having
special treat an education needs will be referred to appropriate community
progr an their p r o gress followed and noted in their case record. At costs no time shall
Sentinel the directly pro v i de substance abuse counseling services.
5 . Alcohol /d ru g testing w ill be provided to probationers identified by th the Court as having
d or alcohol relat problems.
6 . Provide electronic monitoring and intensive probation services to the Court and at the
direction of the Co
7. Coordinate community service work with agencies in Richmond County and other
locations when ordered as a condition of probation by the Court.
8. Maintain information in case files for each probationer regarding compliance with the
terms and conditions of probation, reporting dates, contacts as they occur and the
amounts and dates of monies collected.
9. All reports, files, records, and papers shall be confidential and shall be available only to
the Court, and to others as specifically authorized by the Court or pursuant to
O.C.G.A.42 -8 -106 .
1 Provide the Clerk of Court with a monthly listing of cases for which all fines and fees
have been collected. In this manner, the Clerk will be notified as to when to remit
amounts owed to other authorities for which amounts are collected.
11. Sentinel shall provide reports monthly and quarterly as may be requested by the Court.
Sentinel will provide an operational report summarizing the following information:
Active Cases
a. Case Load
• # Active Cases
• # Warrants Outstanding
• # Cases Added
• # Cases Closed
b. Collections
• Supervision Fees
• Fines, Surcharges, and Court Costs (individually reported)
• Crime Victim's Fee (CVF)
• Victim Restitution
c. Drug Testing
• # Administered
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■ % # Passed
. ommunity Service Work
■ Hours Completed
■ # Probationers with Financial Obligations Convert to W
■ $ Converted to Community Service Work
Closed Cases
e. Case C Load
■ # Closed Successful
■ # Closed Unsuccessful
• % Due to Re- arrest/Revocation
• % Due to Failure to Make All Payments
• % Due to Failure to Complete Community Service
• % Due to Failure to Complete Evaluation / Treatment
f. Collections
■ $ Collected
■ $ Outstanding
■ % Fines, Surcharges, and Court Costs Paid
■ %Crime Victim's Fee Paid
■ % Restitution Paid
Operations
■ # Probation Officers (Full -time Equivalent)
■ Average PO Caseload
12. Sentinel shall maintain collected fines, surcharges and costs in a banking ins
approved by the Court and the Augusta - Richmond County Commission. Unless m
collected are not dispersed monthly, all accounts established for this purpose which earn
interest d shall be the property of Augusta, Georgia and shall be paid to the Clerk titution of State
Court on a monthly basis. Sentinel will disburse to the Clerk, on a monthly basis or in the
manner directed by the Clerk of Court, all fines, surcharges and costs collected as
payments in individual cases. Partial payments as well as payments in full will disbursed
on a monthly basis.
13. Reconcile all records with the Clerk's office on a monthly basis. Records will be
maintained and available for inspection or audit, which reflect Sentinel's liability to the
Court.
14. Disburse funds to recipients of restitution on a monthly basis as these funds are collected.
15. Assist the Court and law enforcement authorities in tracking absconders through the
submission of a report that details the probationer's personal history and employment
information, the circumstances of his/her violation and his/her last known whereabouts.
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16. If a determination is made by Sentinel that the probationer is lacking the resources to be
able to make weekly or monthly payments, every effort will be made to convert the
remaining fines or costs to community service hours. Probationers will be credited a
dollar amount determined by the Court for each one (1) hour of community service
performed.
17. All efforts will be made to deal promptly with indigent cases at the mid -point juncture, if
not earlier, in order that there will be enough time remaining on the sentence for an
appropriate disposition.
18. When Sentinel receives confirmed notice or verifies information that a probationer has
committed a material breach in conforming to the conditions of probation, Sentinel shall
take appropriate contempt of court and/or revocation of probation action to bring the
breaches to the attention of the Court. Sentinel shall receive from the Court an executed
court operating procedure that outlines the timelines associated with the reporting of
probationer non - compliance.
19. Make every effort to provide consistent supervision so that each Probationer shall have
only one probation officer during the term of probation.
20. Sentinel will maintain a policy of general liability insurance coverage in the amount of
not less than one (1) million dollars with respect to liability for negligent, willful or
otherwise tortuous acts or omissions of Sentinel, its agents or employees, in connection
' with Sentinel's provision of services and obligations contemplated by this agreement. As
long as Sentinel produces evidence that its general liability insurance policy includes
coverage for employee dishonesty in an amount of no less than $500,000, it will not be
required to maintain a separate fidelity bond. Sentinel will assign the benefits of the
policy to the Court and Augusta, Georgia. A copy of the policy shall be provided to the
Court. At each renewal of the policy, a copy of the schedule of insurance or declarations
page shall be furnished to the Court. Such schedule or declaration must state the limits of
coverage.
21. Sentinel agrees to indemnify and hold harmless Augusta, Georgia, its officers and
employees, agents and servants, including all judges of the State Court, Clerk of the State
and Superior Court and their officials and employees 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 costs of defense, settlement and
reasonable attorneys fees) (hereinafter the "Indemnified Costs ") in any way related to or
arising out of any damage or injury to property or persons caused by any action or
omission of Sentinel, including without limitation any negligent, willful or otherwise
tortuous act of omission. Sentinel acknowledges that, in connection with its performance
of this Agreement, its agents, representatives and employees will be responsible for
certain monies and property of Augusta, Georgia; and Sentinel specifically agrees to
indemnify and hold harmless Augusta, Georgia, from any and all losses, claims,
liabilities, penalties, fines, forfeitures, demands, causes of actions, suits and/or costs and
10 liabilities,
incident thereto (including without limitation costs of defense, settlement and
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reasonable attorney fees) in any way related to or arising out of any act of theft, fraud,
misconduct and/or misappropriation committed by any officer, agent, employee or
representative of Sentinel. For purposes of this Section 22, "Sentinel" includes any
officer, agent, employee and/or representative of Sentinel, and "Augusta, Georgia"
includes the State Court of Richmond County, its officials, officers, agents, employees,
servants and/or representatives and the elected officials of Augusta, Georgia and its
officers, agents, employees and servants. This indemnity obligation of Sentinel under this
Section 22 shall survive the expiration or termination of this Agreement.
Sentinel will not engage in any employment, business, or activity that interferes or
conflicts with the duties and responsibilities of this agreement.
▪ Sentinel and its employees shall not have personal or business dealings, including the
lending of money, with probationers under their supervision.
▪ Sentinel shall provide to the Court as requested written reports on defendants on
probation that appear before the Court for arraignment, trial or other hearings.
25 • Sentinel shall provide to the Court on a quarterly basis a written operational report
detailing caseload statistics, collections and other information as requested by the Court
26 • Sentinel shall employ an auditor chosen by the Court and governing authority to annually
' audit its records and books pertaining to the services rendered to the Court. The Court
and governing authority shall select the type of audit to be performed. The type of audit
selected may include, but is not limited to, a type of internal control audit commonly
known as a "report on controls placed in operation and tests of operating effectiveness ".
A written copy of this audit shall be provided to the Court and governing authority within
60 days after the end of each calendar year. If the audit reveals deficiencies of problems,
Sentinel agrees to immediately undertake corrective action as recommended by the
auditor or as directed by the Court. Sentinel shall provide to the Court copies of other
audits that may be performed on operations related to the services rendered to the Court.
This shall include, but its not limited to, procedural audits regarding internal controls
and/or receipts and disbursements audits.
27. In the event criminal offenses are decriminalized by the Georgia Legislature, Sentinel
agrees to monitor and collect fines and/or fees in such cases as may be required by the
Court.
28. Sentinel shall provide the capability to accept payments by credit card. Sentinel shall
submit to the Court for its approval any proposed fees or costs to be paid by
offenders /probationers.
29. Sentinel agrees to maintain on its staff a Spanish speaking employee that is appropriately
qualified to communicate with Spanish speaking probationers /offenders to ensure that
' these individuals fully understand their obligations to the Court.
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•
• 30. ntin wiiain ficiefig lve and andardvi the
type and frequency of contacts suf that are in compliance with the agreed upon Court
operating Se el procedures . As determined by the e Court supervision levels will be as follows:
a. High Risk cases will be scheduled at ls a minimum of once a super month for face to
face meetings. Probation nt officers will maintain an average caseload of 250 active
particip
b. Standard cases will be scheduled at a minimum of once of a month for sion face to face
meetings. Probation officers will maintain an average caseload of 325 active
participants.
c. Low Risk cases will be requ to check -in via kiosk, telephone or mail -in on a
monthly basis and will be scheduled at a minimum of s once every 90 days for a
face to face meeting. Probation officers will maintain an average caseload of 375
active participants.
d. Financial Services participants will be scheduled for payment on a monthly
basis and will not require face to face meetings unless non - compliant. These
participants will be managed by a Financial Services team consisting of Probation
Officers and Probation Aides who receive support from our call center personnel.
' 31. Sentinel shall not require probationers to continue to address probation conditions beyond
the term established in the original sentence, or fora time period beyond that which is
provided under appropriate tolling procedures.
ARTICLE TWO
Conditions
This agreement is made based upon the following conditions:
1. This agreement will be in effect until February 28, 2016.
2. This agreement shall not automatically renew. The contract may be terminated by either
party on thirty (30) days notice to the other. In the event this Contract is not renewed or is
terminated by the Court, Sentinel agrees to cooperate with and assist the Court in making
an orderly transfer of responsibility for providing probation services to any other provider
selected by the Court. It is further understood and agreed that all probation files remain
the property of the Court and will be turned over to the Court or its designee.
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' 3. In the event of a material default of any of the provisions of this Agreement, the non-
defaulting party may terminate this Agreement if: (i) the non - defaulting party gives
written notice to the party in default specifying the nature of the default and (ii) such
default remains uncured or uncorrected for a period of thirty (30) days after written notice
of such default is delivered to the defaulting party, or if such default cannot reasonably be
cured or corrected within the aforesaid thirty (30) day period, the defaulting party
undertakes, diligently after receipt written notice received and continues until
completion, efforts to cure or correct of such such default and furnish proof to the non - defaulting
party upon its request of such efforts and the date the cure or corrections will be
achieved. For purposes of this Agreement, a "material default" of this Agreement shall
be deemed to include any illegal or unethical business transactions, or a failure to
adequately meet, maintain and comply with the obligations set forth in this Agreement.
4. The Court may also terminate this agreement immediately is upon written notice to Sentinel
if Sentinel becomes insolvent or files for protection under any chapter of the U.S.
bankruptcy code.
ARTICLE THREE
Service Fees
1. In consideration of the probation or monitoring services provided by Sentinel, the Court
agrees that each sentence shall provide fora probation or monitoring fee payable directly
' to Sentinel, for each month of the probation or suspension period of the sentence. The
monthly fee shall be as follows:
a. Thirty -Two dollars ($32.00) per month in those cases in which Sentinel is
collecting fines, and surcharges ordered by the Court in a probated or suspended
sentence.
b. Thirty -five dollars ($35.00) per month in those cases in which Sentinel is
providing probation supervision or monitoring services for conditions inclusive of victim
restitution. When all special conditions of the probated or suspended sentence, other than
payments of fines and surcharges, are completed, the supervision fee shall then be
reduced to Thirty -Two dollars ($32.00) per month.
c. Sentinel may charge a one -time fifteen dollar ($15.00) enrollment fee to
defendants that require supervision of conditions of the Court's sentence. The enrollment
fee may not be charged in pay only cases in which Sentinel is only collecting fines, and
surcharges.
d. Probationers will assume the cost of random drug and /or alcohol testing and
Sentinel will provide such testing at a rate of $15.00 for initial on -site testing and $25.00
for lab confirmations at the request of the probationer.
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e. Probationers will assume the cost of electronic monitoring services and Sentinel
will provide such services at a rate of $6.00 per day for house arrest, $9.00 per day for
GPS tracking, Portable Breath Alcohol testing $8.00, $6.00per day for MEMS in -home
Breath Alcohol Testing and $11.00 per day for SCRAM.
f. Sentinel shall transfer each case to an unsupervised status and all probation
supervision fees shall cease when all conditions of the probated/suspended sentence that
require supervision have been successfully completed, unless the Court specifically
orders otherwise. Pay only sentences shall be terminated upon full payment of the
amount owed by the probationer.
2. Sentinel understands and agrees that the probation or suspension period and /or the
monthly probation or monitoring fee may be modified, suspended or terminated by the
Court as determined necessary in the Court's discretion.
3. Payment of fines and fees will be set according to the sentencing order of the Court. For
those probationers requiring a payment plan due to financial inability to pay in full, a
payment plan will be set out for each probationer by Sentinel. Sentinel in establishing
each payment plan will take into consideration the ability of each probationer to pay.
Sentinel understands that the payment plan may be modified by the Court as necessary.
Absent specific direction from the court, Sentinel generally will establish payment plans
on a 12 month sentence where the financial obligations will be paid within 10 months
unless otherwise agreed to by the probationer. Sentinel will advise probationers of the
advantages of decreased supervision costs by tender of early and full payment of all
financial obligations.
4. After three months of noncompliance of the terms of probation, probation fees shall
cease, and Sentinel shall advise the Court of said noncompliance by sworn affidavit of
the probation officer. Probation fees shall recommence at the conclusion of any rule nisi
hearing based on the Court's ruling.
5. Sentinel will complete a financial assessment on those probationers reporting financial
hardships and requesting assistance. The Court will be advised of any confirmed financial
hardships and appropriate sentence modifications will be sought including addressing
probation supervision fees
ARTICLE FOUR
Disbursement of Collected Funds
1. Other than probation supervision fees, monitoring fees or other court approved fees, no
monies collected by Sentinel shall be retained by Sentinel for their use and all said
monies shall be paid over to the Clerk of State Court Richmond County or other
authorized party as ordered by the court.
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2. Sentinel will not collect probation supervision fees in advance and Sentinel will not
collect probation fees for any months not authorized by court order.
3. Probation Supervision fees will be assessed on a monthly basis. Following the
satisfaction of three monthly supervision fees, Sentinel will institute a 50/50 split of
payments when e amnt paid is less than the amount necessary to fully pay both the
m onthly probation supervision fees due an the m onthly fine or restitut pay th at
is due. The 50/50 th dete will be based on a per pay basis an one half w ill
be applied to Probation Supe fees. Individuals who are being su by
Sentinel via electronic m on i toring, re alcohol testing, or GPS tracking, will bo not be
cha a m onthly probation supe fee while on m onitoring. Th
m onitoring fees an other one- ti fees will not be subject to the 50/5 split. Prev
paid fees will not be rei to the probationer when a conversion t co mmun i ty
se occurs during the probated te
4 . Non Sentinel fees collected from the probationer will be dispersed first toward
G.C.V.E.F, second in payment to restitution recipients, and the balance to Richmond
County, Georgia, to be disbursed as provided by law.
5 . Sentinel will collect the Georgia Crime Victims Emergency Fund fee pursuant to
O.C.G.A. § 17- 15 -13, as directed by the Court, from each probationer placed on
probation as required by Georgia law unless the Court exempts the probationer. Sentinel
' will remit all collections on a monthly basis to the Georgia Crime Victims Compensation
Board.
ARTICLE FIVE
Addendum
This agreement is to include any addendum or attachment that both parties have agreed
upon in writing.
ARTICLE SIX
General
The foregoing constitutes the entire agreement between the parties and supersedes any
representation or agreements heretofore made and may be amended only by a document in
writing signed by a duly authorized representative of Court and Sentinel. This Agreement may
only be assigned with the written consent of the State Court of Richmond County. This
Agreement has been executed by, delivered to and accepted by the Court in the State of Georgia,
and the provisions thereof shall be governed by the laws of the State of Georgia. 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
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be brought in the Superior Court of Richmond County, Georgia. The parties hereby consent to
and waive any objection to jurisdiction or venue of said court.
IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized
agents, have caused this AGREEMENT to be signed and delivered effective as of the date,
month and year set forth herein above.
STAT COURT OF RICHMOND COUNTY, GA
AT, ' ST: ( 7) ,
,�✓ By: ) i "
Richard A. Slaby, Chief Judge
SENTINEL OFFENDER SERVICES, LLC
ATTEST:
144( By: - By: C /7/1,1;
ark Contestabile
Chief Business Development Officer
APPROVAL OF THE GOVERNING
AUTHO TY:
A Deke Cop i'Zt�I Cp�1
1" August , er . ,�,, 2 0
( i 44)
O a%11 EST oo VV�
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INTER- DEPARTMENT DELIVERY
DATE DELIVER TO DEPARTMENT SENT BY DEPARTMENT
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Ledger: GL GL Budgets and Actuals with Encumbrance Fiscal Year: 2014
Report Date: 04/03/2014 Fiscal Period: 04
Fund: 101 General Fund Budget Version: PE
Object Description Budget Actual Encumbrance Balance
Org. Key: 101061506 Senior Citizens Council
Director: agency
5721110 Agency Appropriation 40,210.00 19,400.00 0.00 20,810.00
Revenue & Transfers In: 0.00 0.00 0.00 0.00
Expenditure and Transfers Out: 40,210.00 19,400.00 0.00 20,810.00
Net: - 40,210.00 - 19,400.00 0.00 - 20,810.00
Grand Total (RV & TI) by Fund: 101 0.00 0.00 0.00 0.00
Grand Total (XP & TO) by Fund: 101 40,210.00 19,400.00 0.00 20,810.00
Net: - 40,210.00 - 19,400.00 0.00 - 20,810.00
User: SK10679 Page: 1 Current Date: 04 /03/2014
Report: GLBudgetandActualsl Current Time: 14:53:12