HomeMy WebLinkAboutINTERGOVERNMENTAL AGREEMENT COUNTY CAPACITY FOR STATE INMATES INTERGOVERNMENTAL AGREEMENT
COUNTY CAPACITY
THIS AGREEMENT is entered into the 1st day of July, 2016, by and between the
GEORGIA DEPARTMENT OF CORRECTIONS, an agency of the State of Georgia
("Department"), and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia
("County"),acting by and through its Board of County Commissioners, referred to individually as
"Party"or together as "Parties."
WHEREAS,Department desires to contract with County for appropriate care and custody of
certain offenders for which Department is responsible, ("State Offenders"); and
County desires to provide appropriate care and custody of State Offenders at a correctional
institution operated by County("Services").
NOW, THEREFORE, in consideration of these premises and the mutual promises and
agreements hereinafter set forth, the parties hereby agree as follows:
1. Care and Custody. County agrees to provide complete care and custody of up to 230 State
Offenders daily, for the Term of this Agreement and in accordance with all applicable state and
federal laws, rules, and regulations. Without limiting the generality of the foregoing, County
specifically agrees that no State Offender labor shall benefit private persons or corporations.
2. Recording Offender Movement in SCRIBE.County agrees to enter any and all movement of
State Offenders transferred in and out of the County facility by recording the movement in
Department's SCRIBE system on the same day the movement occurs. Movements that are not
entered in SCRIBE on the day the movement occurs will not show as an adjustment and result in
an inaccurate daily count. County is solely responsible for implementing procedures to ensure that
SCRIBE entries are made accurately and in a timely manner. County is responsible for verifying
the State Offender count and all movements in and out of the County facility in SCRIBE on a daily
basis to ensure that the count is accurate. County understands that the count reflected in SCRIBE
is the official count for purposes of calculating payment under this Agreement. Late
documentation,lack of documentation,or inaccurate documentation may result in delayed payment
or non-payment under this Agreement. County agrees to grant Department access to County's
records, documentation procedure, and personnel for purposes of auditing SCRIBE entries and
verifying State Offender count at any time upon Department's request.
3. Notification of Medical Treatment. County shall notify Department of any State Offender
that the County transfers to a hospital for treatment that will require an overnight stay or for whom
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treatment is likely to cost in excess of One Thousand Dollars($1,000.00). Said notification shall be
provided via telephone contact within Twenty-Four (24) hours of offender being admitted for
treatment on an outpatient or inpatient basis. County shall notify Department pursuant to this
paragraph by calling the Department's"On Call Utilization Management Nurse"at 404-863-3079
at any time of day or night.
4. Employee or Offender Misconduct. The County agrees that it will notify the Department
within ten(10)business days after terminating an employee of the County CI for misconduct or of
the resignation of any employee in connection with an allegation or investigation of misconduct.
The County further agrees that it will notify the Department within ten(10)business days if it,one
of its employees, or any other law enforcement officer secures a criminal warrant for the arrest or
otherwise pursues the prosecution of an offender being housed at the County CI for criminal
conduct allegedly committed at the County CI. County agrees that it will not hire any employee
terminated by Department for misconduct or who resigns from Department in connection with an
allegation or investigation of misconduct.
5. Compensation. Department agrees to pay County the sum of Twenty Dollars($20.00)per
State Offender per day for the duration of this Agreement. County agrees to invoice Department
monthly, in compliance with all billing procedures established by Department. Department shall
endeavor to pay County for Services within Forty-Five (45) days of invoice receipt in approved
form. County acknowledges and agrees that the Commissioner of Corrections shall have sole
authority with respect to the transfer of State Offenders to and from the County correctional
institution and Department shall not incur charges for State Offenders not under the care and
custody of County. A State Offender is not under the care and custody of County when a State
Offender is not housed at the County facility including when a State Offender is out to court or sent
to a Department facility for medical or mental health evaluation.
6. Term of Agreement. The term of this Agreement shall be from July 1, 2016 until 11:59
p.m. on June 30,2017(the"Term"). The Parties may,by mutual agreement in writing,extend the
Term for additional time periods.
7. Termination. Department may at any time and for any reason terminate this Agreement by
providing written notice in advance of such termination to County. In the event of termination
under this paragraph, Department shall pay County for Services performed prior to the effective
date of termination; provided, however, that payments otherwise due County may be applied by
Department against amounts due or claimed to be due to Department.In the event that County fails
to comply with the provisions of this Agreement, Department may terminate this Agreement for
cause and without notice. If termination is for cause,payments may be withheld by Department on
account of the Services being deemed deficient and not remedied by County prior to the effective
date of termination. County shall be liable to Department for any additional cost incurred by
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Department as a result of deficiencies in the Services to be provided hereunder.
8. Prison Rape Elimination Act. County agrees that it will adopt and comply with 28 C.F.R.
115, entitled the Prison Rape Elimination Act("PREA").As required in 28 C.F.R. 155.12,County
further agrees to cooperate with Department in any audit, inspection, or investigation by
Department or other entity relating to County's compliance with PREA.Department shall monitor
the County's compliance with PREA,and shall have the right to inspect any documents or records
relating to such audit, inspection or investigation and County will provide such documents or
records at Department's request. County acknowledges that failure to comply with PREA is a
material breach of this Agreement and is cause for termination of this Agreement.
9. Notices. Any notice under this Agreement, other than those referenced in Paragraph 3,
"Notification of Medical Treatment," shall be deemed duly given if delivered by hand (against
receipt) or if sent by registered or certified mail, return receipt requested, to a Party hereto at the
address set forth below or to such other address as the Parties may designate by notice from time to
time in accordance with this Agreement.
If to the County: Augusta-Richmond County, Georgia
Administrator, Board of Commissioners
530 Greene Street
Augusta, GA 30901
With a copy to: Richmond County Prison
Warden,Evan Joseph
2314 Tobacco Road
Augusta, GA 30906
If to the Department: Jennifer Ammons
General Counsel
Georgia Department of Corrections
State Office South, Gibson Hall, 3rd Floor
P.O. Box 1529
Forsyth, Georgia 31029
With a copy to: Steve Upton
Facilities Director
Georgia Department of Corrections
State Office South, Gibson Hall, 1st Floor
P.O. Box 1529
Forsyth, Georgia 31029
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10.Reimbursement of Medical Costs.
a. Department agrees to reimburse County for certain costs of medical services
required for emergency medical conditions posing an immediate threat to life or limb
if a State Offender cannot be placed in a state institution for the receipt of this care,
(hereafter "Emergency Medical Services"), provided, however, that Department's
obligation arises only when the cost per State Offender per incident exceeds One
Thousand Dollars($1,000.00),and Department shall only be liable for the amount in
excess of One Thousand Dollars ($1,000.00), subject to the limitations of this
paragraph and other applicable laws and regulations.
b. County agrees to invoice Department monthly for the actual cost of Emergency
Medical Services paid by County. If there existed any rate agreement between
County and the hospital or hospital authority at the time Emergency Medical
Services were rendered,the invoice must reflect such rate.All invoices from County
must include an invoice or receipt from the hospital that clearly shows the actual
cost of Emergency Medical Services paid by County.
c. Department is not liable to County for any late fees or charges imposed by the
hospital or hospital authority(collectively, "Late Fees") for late or nonpayment
the County. County agrees to exclude Late Fees from its invoices to D partmenty
d. If Department reasonably determines that there is a difference between the actual
cost incurred by County and the invoice sent to Department,Department may assess
an administrative fee of one-half(1/2) of the difference to cover the administrative
costs incurred by the Department. Department shall send County written notice of
any administrative fees,and County shall have Thirty(30)days to make payment or
to dispute the fee in writing. If County does not make payment of undisputed
administrative fees by the due date, Department is entitled to a setoff of the same
amount against future payments owing to County.
e. Pursuant to O.C.G.A. §42-5-2(c),Department shall reimburse County no more than
the applicable Georgia Medicaid Rate for Emergency Medical Services provided to a
State Offender by a hospital authority or hospital.Department shall not be liable to
County for any amount paid by County to a hospital or hospital authority over the
Medicaid Rate for emergency services provided to a State Offender.
11.Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the parties hereto and replaces, cancels and supersedes any prior agreements and
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understandings relating to the subject matter hereof, and all prior representations, agreements,
understandings and undertakings between the parties hereto with respect to the subject matter
hereof are merged herein.
12.Sole Benefit. Department and County enter into this Agreement for their sole benefit.
Department and County do not intend to give any rights pursuant to this Agreement to any other
parties.
13.Choice of Law and Venue. The contract shall be governed in all respects by the laws of the
State of Georgia. Any lawsuit or other action brought against the Department and the State
based upon or arising from this Agreement shall be brought in the Superior Court of Fulton
County Georgia.
14. Amendment. The Parties recognize andree that it maybe
� necessary or convenient for
the Parties to amend this Agreement and the Parties agree to cooperate fully in connection with
such amendments if and as necessary. However, no change, modification or amendment to this
Agreement shall be effective unless the same is reduced to writing and signed by the Parties.
15. Counterparts. This Agreement may be executed in multiple counterparts, each of which
Shall be an original but all of which shall constitute one agreement. No party shall be bound by
this Agreement until all Parties have executed it.
IN WITNESS WHEREOF, the parties have caused the authorized representatives of each
to execute this Agreement on the day and year first above written.
GEORGIA DEPART T OF AUGUSTA, GEORGIA:
CORREC ► •
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By: 4iJennifer Ammons �., By.
General Counsel 7f 2v//� Printed Name: Hardie Davis,Jr.
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