HomeMy WebLinkAboutMEMORANDUM OF UNDERSTANDING (MOU) BETWEEN AUGUSTA, GEORGIA AND THE GEORGIA DEPARTMENT OF CORRECTIONS (GDC) TO PROVIDE ACCESS TO RESOURCES FOR OFFENDERS WHO DO NOT HAVE A HIGH SCHOOL DIPLOMA OR GED, OR WHO COULD BENEFIT FROM A TECHNICAL COLLEGE CERTIFICATE INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is entered into this 1st day of August, 2016, by and between the
GEORGIA DEPARTMENT OF CORRECTIONS, an agency of the State of Georgia(hereinafter
referred to as the "Department"), and Augusta-Richmond County, a municipal corporation of the
State of Georgia (hereinafter, the "Governmental Entity").
WHEREAS, Department desires to partner with Governmental Entity to provide access to
resources for offenders who do not have a high school diploma or GED,or who could benefit from a
technical college certificate; and
WHEREAS, in accordance with Department's County Correctional Institute Educational
Incentive Plan ("CCIEIP"), attached hereto as "Exhibit A", Governmental Entities who meet
eligibility requirements described herein and as verified by Department may request the funds
described in the CCIEIP Fund Award by submitting the Payment Request Form attached hereto as
"Exhibit B" and may qualify for additional Bonus Funds which are linked to testing outcomes.
NOW, THEREFORE, in consideration of the premises and the mutual promises and
agreements set forth below, the parties agree as follows:
1. Scope of Services. The Governmental Entity agrees to perform fully and faithfully the
services described in"Exhibit A,"attached hereto and incorporated by reference herein(the
"Services"). No additional or different services shall be performed unless provided for by an
amendment to this Agreement, executed by the parties in the manner provided for herein.
2. Contract for Services. In the performance of the services, and for all tax, liability,
employment, and insurance purposes, Governmental Entity shall at all times be an
Independent Contractor and not an agent, representative, or employee of the Department.
Governmental Entity shall determine the means and manner of performance of its
responsibilities,and Governmental Entity shall not hold itself out to be an employee or agent
of the Department.
3. Compensation. The Department agrees to pay Governmental Entity in accordance with the
CCIEP only after Governmental Entity has submitted the Payment Request Form at Exhibit
"B"attached to this Agreement and incorporated by reference herein for the full and faithful
performance of the services under this Agreement during the term hereof and according to
the timeline established in the CCIEIP. Governmental Entity acknowledges and agrees that
payment is subject to availability of funds.
4. Benefits. The Governmental Entity acknowledges that it is not entitled to any benefits,
including health insurance, workers compensation coverage, unemployment compensation
coverage, which are ordinarily provided to employees of the Department.
1 FYI 6_LGL15_IGAStandard.doc
5. Pledges of Credit. Governmental Entity acknowledges that the State of Georgia may not
lawfully pledge its credit so as to cause a State agency to incur a financial obligation unless
funds to honor the obligation have been lawfully appropriated. In the event that the source of
any payment by the Department as provided for herein is insufficient,in the sole discretion of
the Department, then this Agreement shall terminate without further obligation of the
Department.
6. Expenses. The Department shall not be liable for and shall not reimburse Governmental
Entity for any travel or other expenses incurred by the Governmental Entity.
7. Equipment. The Department is not required to provide any office space nor any equipment to
the Governmental Entity.
8. Term and Amendment. This Agreement shall be effective as of July 1, 2016 and shall
continue in force and effect until 11:59 p.m. on June 30,2017.Any changes,modifications,
or amendments to this Agreement will be effective only if reduced to writing and signed by
both parties.
9. Compliance with Laws.Governmental Entity agrees to perform Services in accordance with
the terms and conditions of this Agreement and in compliance with all laws, rules,
regulations and orders of federal, state and local government.
10.Termination for Convenience. Either party may terminate this Agreement for any reason by
providing written notice fourteen (14) days in advance of such termination.
11.Rights and Interests. This relationship is intended solely for the mutual benefit of the Parties,
and there is no intention, express or otherwise, to create any rights or interests for any party
other than the Department or Governmental Entity.
12.Trading with State Employees. The parties certify that this Agreement does not and will not
violate the provisions of O.C.G.A. Section 45-10-20, et seq., in any respect. The
Governmental Entity agrees not to employ any individual that would result in a violation of
this law.
13.Screening. Governmental Entity acknowledges and agrees that Governmental Entity,
including employees of Governmental Entity and subcontractor(s)of Governmental Entity,
shall be subject to background investigations conducted by duly authorized agents of the
State, and while on the premises of any Department Facility, Governmental Entity and
Governmental Entity's personnel shall be subject to, and agree to comply with, rules
pertaining or related to safety and security,including spoken directives of GDC facility staff
and the Department's standard operating procedures related to Employee Standards of
Conduct and sexual harassment.
2 FYI6_LGLI 5_IGAStandard.doc
14.Licenses, Certifications and Insurance. Governmental Entity agrees to maintain for the
duration of this Agreement all licenses, certifications and permits applicable to the Services
under this Agreement. Governmental Entity shall, at its sole expense,procure and maintain
from insurance carriers licensed to transact business in the State of Georgia such insurance
coverage as will protect Governmental Entity's and Department's interests under this
Agreement.
15.Standards of Conduct and Sexual Harassment. Governmental Entity agrees that the
Governmental Entity and any of its agents,employees,officials or subcontractors who enter
any facility, institution, office or other premise of the Department or who come into contact
with any employee of the Department shall comply with the Department's Policies and
Procedures relating to Standards of Conduct and Sexual Harassment and shall follow all
orders or directives given by Department personnel. If the Governmental Entity or any of its
agents, employees, officials or subcontractors should be accused of violating any of these
policies or procedures or otherwise violating this provision, then the Governmental Entity
will allow and assist the Department in investigating the charge or accusation. If the charge
is established,the Governmental Entity will take appropriate action to sanction the violation
and to ensure that there are no further violations. The Department may also bar anyone from
its premises whom it finds to have violated these policies or procedures or who has otherwise
violated this provision.
16.Confidentiality. Governmental Entity will hold in strictest confidence and will not disclose
to others for any reason whatsoever, any works, writings, plans, proposals, documents,
contracts,records,data,analyses,compilations,forecasts,studies,reports,recordings,maps,
or other information or material received or prepared by Governmental Entity(collectively,
the"Information"),except to the extent that such Information(a)is otherwise available from
third persons without restriction on its further use or disclosure, (b) is required by order of
any court or by law (including but not limited to the Georgia Open Records Act) or by any
regulatory agency to which Governmental Entity is subject or in connection with any civil or
administrative proceeding, or (c) to the extent such Information is or becomes publicly
known other than through actions, direct or indirect, of the Governmental Entity.
Governmental Entity shall comply with the Family Educational Rights and Privacy Act
(FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99), where applicable, regarding the privacy of
student education records.
17.Prison Rape Elimination Act. Governmental Entity agrees to comply with, and to assist the
Department in complying with standards articulated under 28 C.F.R. 115,entitled the Prison
Rape Elimination Act, by submitting to a background check and agreeing not to sexually
abuse or harass any offenders. Governmental Entity agrees to undergo training, as the
Department sees fit, regarding the Department's zero-tolerance policy for sexual abuse and
sexual harassment and Governmental Entity agrees to document that Governmental Entity
understands such training. Governmental Entity agrees to inform Department of any
knowledge,suspicion,or information regarding the occurrence of sexual abuse or harassment
3 FY 1 6_LGL 15_1GAStandard.doc
in any facility in which the Governmental Entity is present. Governmental Entity agrees to
keep all information about sexual abuse or sexual harassment,other than such information as
is required to report the incident, completely confidential. Governmental Entity
acknowledges that failure to maintain the standards articulated in this paragraph is considered
a material breach of this Agreement and is grounds for termination of this Agreement.
18.Cooperation. Governmental Entity and the Department, its employees, agents,
subcontractors, and assigns,agree to cooperate fully in the defense of any litigation brought
against the Department or Governmental Entity relating to this Agreement, and each party
shall give the other prompt notice of any claim, demand, suit, or proceeding.
19.Assignment. The parties will not transfer their right, title, or interest hereunder or delegate
any of their duties or obligations hereunder without the prior written consent of the other
parties.
20.Notices. Any notice under this Agreement shall be deemed duly given if delivered by hand
(against receipt) or if sent by registered or certified mail 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 Governmental Entity: Augusta-Richmond County C.I.
Warden Evan Joseph
2314 Tobacco Rd.
Augusta, GA 30906
If to Department: Jennifer Ammons
General Counsel
Georgia Department of Corrections
State Offices South at Tift College
P.O. Box 1529
Forsyth, Georgia 31029
21.Headings. The headings in this Agreement have been inserted for convenience only and shall
not affect or control the meaning or construction of any of the provisions of this Agreement.
22.Survival. The terms, conditions, representations, obligations, understandings and
undertakings herein shall survive any termination of this Agreement.
23.Severability. If any term or provision in this Agreement shall be found to be illegal or
unenforceable,then,notwithstanding the offending terms or provisions,this Agreement shall
remain in full force in effect and such terms or provisions shall be deemed stricken herefrom.
4 FY 1 6_LGL1 S_IGAStandard.doc
24.Legislative Modification. Notwithstanding any other provision of this Agreement to the
contrary, in the event that any federal, state, or local law, rule, regulation, or interpretation
thereof restricts, prohibits, or in any way materially changes the method or amount of
reimbursement or payment for services under this Agreement at any time during the duration
of this Agreement,then this Agreement shall,to the extent permitted by the laws of the State
of Georgia, be deemed amended by the parties to provide for payment of compensation and
other fees in a manner consistent with any such prohibition, restriction, or limitation.
25.Drug-Free Workplace. The Governmental Entity acknowledges that it is fully aware of the
contents and requirements of the Drug-Free Workplace Act,O.C.G.A. §50-24-1,et. seq.(A)
The Governmental Entity hereby certifies that he will not engage in the unlawful
manufacture,sale,distribution,dispensation,possession,or use of a controlled substance or
marijuana during the performance of this Agreement and any extensions thereof. (B) The
Governmental Entity may be suspended,the contract terminated or the Governmental Entity
debarred if it is determined that: (1) the Governmental Entity has made false certification
hereinabove; or(2)the Governmental Entity has violated such certification by failure to cavy
out the requirements of the "Drug-Free Workplace Act".
26.Governing Law. This Agreement is executed in the State of Georgia, and the laws of the
State of Georgia shall govern all matters pertaining to the validity, construction,
interpretation and effect of this Agreement.
27.Compliance with Federal and State Work Authorization and Immigration Laws.
Governmental Entity certifies its compliance with Illegal Immigration Reform and
Enforcement Act of 2011 and specifically those provisions codified at O.C.G.A. §13-10-90
et. seq. Governmental Entity warrants that it has registered with and uses the federal work
authorization program commonly known as"E-Verify."Governmental Entity further agrees
that it will contract for the physical performance of services in satisfaction of this contract
only with subcontractors who present an affidavit as required by O.C.G.A. §13-10-91.
Governmental Entity warrants that it will include a similar provision in all contracts entered
into for the physical performance of services in satisfaction of this contract.
28.Remedies. No remedies or rights herein conferred upon the parties are intended to be
exclusive of any remedy or right provided by law, but each shall be cumulative and shall be
in addition to every other remedy or right given hereunder or now or hereafter existing at law
or in equity(including the right of specific performance).
29.Waiver. The failure of either party to exercise or enforce any right conferred upon it
hereunder shall not be deemed to be a waiver of any such right nor operate to bar the exercise
or performance thereof at any time or times thereafter; nor shall its waiver of any right
hereunder at any given time,including rights to any payment,be deemed a waiver thereof for
any other time.
5 FYI 6_LGL 1 5_IGAStandard.doc
30.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.
31.Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the parties hereto and replaces, cancels and supersedes any prior agreements and
understandings relating to the subject matter hereof; and all prior representations,
agreements, and undertakings between the parties hereto with respect to the subject matter
hereof are merged herein. This Agreement may be modified only by mutual consent of the
parties. Any modification must be in writing and signed by both parties.
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 DEPARTMENT OF Augusta, Georgia:
CORRECTIONS
AO
O'
By: B / I OV_L '.
By:
Jennifer Ammonsto,
General Counsel 6/6/,‘ Printed Name: Hardie Davis, Jr.
file: Mayor
,,, :ae
Attest; ,vc&I ,i i
I
ki' 'Co ' `;_ sio ' % 3'
l rye i i;
i # 4° 4410°®ok. 69`96
t 4 E0rt 4*
6 FYI6_LGL 15_IGAStandard.doc
Exhibit "A"
Scope of Services
County Correctional Institute
Educational Incentive Plan
FY17
Description
The County Correctional Institute Educational Incentive Plan (CCIEIP) is a plan to establish GED
classrooms or learning centers in the County Correctional Institutes (CCI) across the state of
Georgia, expanding learning time and access to learning resources, for offenders who do not have
a high school diploma or a GED. Opportunities for enrollment in Career and Technical College
Certificate Programs as approved by the Georgia Department of Corrections are also an option.
Location
All 23 County Correctional Institutes in the state that meet the eligible criteria for receiving funds to
establish a GED classroom or learning center. Each CCI's will have to sign a Memorandum of
Understanding (MOU) with GDC to receive the funds.
COUNTY CORRECTIONAL INSTITUTIONS
Facility Name Contract Offenders In
Capacity Beds
BULLOCH COUNTY CI 160 157
CARROLL COUNTY CI 246 237
CLARKE COUNTY CI 112 108
CLAYTON COUNTY CI 242 218
COLQUITT COUNTY CI 190 179
COWETA COUNTY CI 232 209
DECATUR COUNTY CI 155 122
EFFINGHAM COUNTY CI 192 185
FLOYD COUNTY CI 424 420
GWINNETT COUNTY CI 158 146
HALL COUNTY CI 200 190
HARRIS COUNTY CI 150 147
JACKSON COUNTY CI 150 144
JEFFERSON COUNTY CI 140 132
MITCHELL COUNTY CI 135 127
MUSCOGEE COUNTY CI 528 520
RICHMOND COUNTY CI 230 223
SCREVEN COUNTY CI 148 141
SPALDING COUNTY CI 384 369
SUMTER COUNTY CI 350 342
TERRELL COUNTY CI 140 136
THOMAS COUNTY CI 185 179
7 FY17 LGL15 IGAStandard.doc
TROUP COUNTY CI 274 269
TOTAL 5125 4900
Program Goal
This program will address the needs of offenders who are housed in these facilities who may want
to obtain a GED or for those who are mandated to obtain a GED and provide a plan for successful
re-entry. Career and Technical Education options are also available. It will give these offenders the
same opportunities that are afforded other offenders who are incarcerated in other GDC affiliated
facilities. To qualify for participation, offenders will have to meet GA Department of Corrections'
SOP qualifications for participation in educational and vocational programs. The program will target
the approximate 5,125 offenders housed in the 23 County Correctional Institutes in the state who
do not possess either a high school diploma or a GED. Career and Technical Education options will
also be available for offenders who may already have a high diploma or GED.
Funding
Funding will be determined by meeting specific criteria established by the GA Department of
Corrections. Eligible institutions could receive $25,000 per block of instruction or learning labs
depending on the criteria established by GDC. Institutions could receive funding for multiple blocks
depending on enrollment and classroom space. Blocks must have a minimum of 10 students and
not more than twenty-five (25) students maximum for a block. Institutions can receive Five
Thousand ($5,000.00) for each additional five (5) students enrolled after the first block of twenty-
five (25) eligible students is determined. Funds must be used only for instructional support and
resources for the educational program. Institutions can earn a $1,000 bonus, which can be spent at
the discretion of the Institution, for each GED completion or Technical College certificate, subject to
FY 2017 Supplemental Budget funding.
Responsibility
The Georgia Department of Corrections will serve as a consultant and monitor the criteria for
eligibility for receiving funds from the CCIEIP. It is the responsibility of the CCI to secure a teacher
from a technical college or other local educational agency. It is also the responsibility of the CCI to
provide proof of eligibility and maintain eligibility as detailed in the MOU between GDC and the CCI.
8 FY17 LGL15 IGAStandard.doc
Exhibit "B"
Payment Request Form
County Prison Name:
Area Principal Name:
Submission Deadline:.
_September 30, 2016 n December 31, 2016 —March 31, 2017 I (June 30, 2017
To qualify for payment,the following criteria must be met:
Minimum of 10 properly qualified and enrolled students ❑ YES ❑ NO
Contract with qualified instructor ❑ YES ❑ NO
Enrollment entered in Scribe ❑ YES ❑ NO
Payment Requested
Students Enrolled Amount
10-25 Students $25,000
30 Students $5,000 additional
35 Students $5,000 additional
40 Students $5,000 additional
45 Students $5,000 additional
50 Students $5,000 additional
55 Students $5,000 additional
Enrollment TOTAL
GED Completion Bonus: $1,000 per student #of students
Bonus TOTAL
TOTAL AMOUNT OF THIS PAYMENT REQUEST
AMOUNT PREVIOUSLY PAID OUT(If applicable):
**Please include a list of offender name and ID for students enrolled and completions.
County CI Warden Date:
Area Principal Date:
Director, Education&Programs Date:
9 FY17 LGL 1 5IGAStandard.doc