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HomeMy WebLinkAboutGRANT-FUNDED SERVICE AGREEMENT FOR AN ACCOUNTABILITY COURTS CASE MANAGER_ SUPERIOR COURT'S DRUG COURT AUGUSTA JUDICIAL CIRCUIT/BURKE COUNTY,COLUMBIA COUNTY,AND RICHMOND COUNTY GEORGIA �1 Ruguota Jubittat (Circuit ;�� �'f'; James H. Ruffin,Jr. Courthouse 735 James Brown Blvd.,Suite 2200 Accountability Courts +-• *A Augusta,GA 30901 James G. Blanchard,Jr. :- Elaina Ashley,Coordinator SUPERIOR COURT JUDGE (706) 823-4424 AGREEMENT THIS AGREEMENT is effective as of the 1st day of June, 2017, by and between AUGUSTA- RICHMOND COUNTY, a political subdivision of the State of Georgia, acting by and through its governing authority, the Augusta-Richmond County Board of Commissioners ("County") in conjunction with the Augusta Judicial Circuit Accountability Courts (Adult Felony Drug,Mental Health,and Veterans Treatment Courts) and Everett L. Cooper (herein "Contractor" or" Case Manager"), collectively referred to as the "Parties." This Agreement constitutes the entire understanding between the Augusta Judicial Circuit Accountability Courts and Everett L. Cooper for the services of case management and shall not be modified or altered in any way without the express written agreement of all parties. WITNESSETH THAT: WHEREAS, the County and the Augusta Judicial Circuit Accountability Courts desire to obtain a Contractor to provide services generally described as case management services (the "Work");and WHEREAS, the County finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement;and WHEREAS, the Contractor has represented that s/he is qualified by training and experience to perform the Work;and, WHEREAS,the Contractor has agreed to provide such services as outlined in this agreement;and, WHEREAS, the public interest will be served by this Agreement;and, NOW,THEREFORE,the Parties hereby do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Project Description The project is described as "case management services." B. The Work The Work to be completed under this Agreement(the 'Work") consists of the following: The Contractor shall perform the following services for those adult offenders referred to the Augusta Judicial Circuit Accountability Courts (referred to herein as "Superior Court" or"Court"). a. Case Management Services. The Contractor shall provide the following services: Monitor participants placed in the Accountability Courts by Superior Court,and advise participants of program requirements/conditions;conduct visual observations for participants, confirm participants'residential addresses,employment or other situations. 1. Case management planning follows individuals from assessment and systematically addresses core risk factors associated with treatment as well as link participants with the appropriate level of treatment deemed necessary. 2. Contractor will collect urine/saliva samples for the specific purpose of drug testing, administer such drug tests,and report results to the Accountability Courts Coordinator. 3. Contractor will report violations and cases of compliance/non-compliance to the Court, establish,update,manage (research and update records as needed) case files,and enter case information into computerized case management system. 4. Contractor will attend court sessions and other relevant hearings and testify at such court hearings regarding participant violations,program policies and procedures,and/or other issues,as necessary. 5. Contractor will connect participants to ancillary services and assist with programmatic needs. 6. Contractor will submit summaries regarding participant progress to the Accountability Courts Coordinator by specified deadlines. b. Communication. The Contractor shall utilize the Accountability Courts Coordinator as the centralized clearinghouse of information/communications. a. The Contractor shall deliver weekly,written participant reports to the Coordinator. 1. Participant reports shall consist of general details as to the participants who received case management services for the week, their compliance and/or non-compliance with case management requests, and their program status. A reporting form will be provided by the Superior Court. a. The Contractor shall meet weekly (and/or at such dates/times deemed necessary by the Coordinator and/or Contractor) with the Coordinator so that there may be a "briefing" (or information gathering session) as to the participants who received (and/or are to receive) treatment services for that week. b. In the event that the Contractor determines that a participant needs case management/ancillary services, the Contractor shall provide case management referrals for ancillary services to the participant with notification given to the Coordinator. c. Trainings and Court Sessions. The Contractor will not charge the Court additional fees for his/her personnel to attend any court-sanctioned trainings, conferences, programs, or court sessions. Such attendance is covered by the overall scope of services of treatment. C. Schedule, Completion Date, and Term of Agreement Contractor warrants and represents that it will perform its services in a prompt and timely manner, which shall not impose delays on the progress of the Work. This Agreement shall, after signature of both parties, begin on Tune 01,2017 and end on May 31, 2018. This contract may be renewed by the parties for up to four (4) additional one year periods. In the event of termination of this Agreement by Contractor or by the Court, the Contractor shall be entitled to receive payment only for work actually performed prior to termination. II. WORK CHANGES A. The Circuit reserves the right to order changes in the Work to be performed under exhibit "A" by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the Circuit. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. The parties will negotiate to reach an agreement. If an agreement cannot be reached, the original contract scope of work stands. B. Any Work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the County and the Contractor. C. The Superior Court Judge assigned to the Accountability Courts, or his/her designee, has authority to execute without further action of the Augusta Judicial Circuit, any change orders to be agreed upon by the Contractor as stated above so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement, as set forth in Section III below. III. COMPENSATION AND METHOD OF PAYMENT A. Case Management Services The Contractor shall be compensated in the amount of $20.00 per hour, with maximum compensation not to exceed $1,500.00 bi-monthly or $39,000.00 annually. The contractor must meet the educational, certification,and job description requirements listed in this document. Compensation is specifically for case management services provided for the Accountability Courts' programs. Continued funding is dependent on continuation of grant funds. B. Prompt Payment Act The terms of this agreement supersede any and all provisions of the Georgia Prompt Payment Act. IV. COVENANT OF CONTRACTOR A. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between s/he and the Court,recognizing that the Court's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and skill and judgment to provide the described services in pursuit of timely and competent completion of the Work undertaken by the Contractor under this Agreement. B. Circuit's Reliance on the Work The Contractor acknowledges and agrees that the Court does not undertake to approve or pass upon matters of expertise of the Contractor and, therefore, the Court bears no responsibility for the Contractor's services performed under this Agreement. C. Assignment of Agreement The Contractor agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without prior express, written consent of the Circuit. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the Circuit shall have no obligation to them. D. Responsibility of Contractor and Indemnification of Circuit The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the Circuit, its officers, boards, commissions, elected officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the Circuit or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the Circuit, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. F. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the Circuit or the County. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services;and the payment of employees,including compliance with Social Security,withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement Any provisions of this Agreement that may appear to give the Circuit the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the Circuit with regard to the results of such services only. G. Records and Reports (1) Records: (a.) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the Circuit with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from 'the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved,whichever is later. (b.)All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the Circuit any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the Circuit. H. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the Richmond County Code of Ethics. I. Confidentiality Contractor acknowledges that it may receive confidential information of the Circuit and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports,information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the Circuit. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of Circuit information whether specifically deemed confidential or not. (1) The Contractor shall not disclose to anyone or any entity other than the designated Court Staff or other court-approved individuals, any description or information concerning the work produced as a result of this AGREEMENT without written permission of the Superior Court. (2) The Contractor acknowledges that in receiving, storing, processing, sharing, or otherwise using or dealing with any treatment information,the Contractor is bound by all Federal and State laws and regulations that govern and guarantee the treatment rights of individuals receiving substance abuse treatment services. (3) The Contractor shall comply with all confidentiality laws and shall be familiar with the following monograph: Federal Confidentiality Laws and how they affect Mental Health/Drug Court Practitioners, National Mental Health/Drug Court Institute (1999). (4) The Contractor shall comply with all HIPAA and related laws and regulations dealing with releasing and sharing and medical and health care information. The Contactor shall ensure that it and its employees and agents use and disclose "Protected Health Information" of patients (as defined in the Health Insurance Portability and Accountability Act ("HIPAA") privacy roles at 45 C.F.R. § 164.501, et seq.) that The Contractor receives pursuant to this Agreement only to the extent necessary: (i) to perform its specific obligations under this Agreement; and (ii) for its own management and administration and to carry out its legal responsibilities in compliance with 45 C.P.R.§ 164.504(e)(2)(i)(A), (e)(4), and all other current or future applicable laws or regulations. Nothing in this Agreement shall be deemed to authorize The Contractor to use or disclose Protected Health Information in violation of any applicable law or regulation,including but n t limited to HIPAA privacy rules at 45 C.F.R§ 164.501, et seq. (5) The Contractor shall obtain appropriate releases/waivers before releasing a participant's treatment information. (6) The Contractor shall make every effort to ensure that confidentiality of participant's identity and information is maintained, inclusive of but not limited to ensuring that the treatment location is secure (and not within the hearing range of outsiders), as well as educating participants about the confidentiality of group/individual treatment sessions. (7) The Contractor shall maintain confidentiality of the Accountability Courts participants separate from information on participants in any of its other programs at all times, regardless of relationship or family involvement among these participants. All confidentiality laws related to obtaining appropriate releases/waivers shall be followed by all concerned parties should information need to be disclosed for treatment purposes. V. TERMINATION A. The Circuit shall have the right to terminate this Agreement for any reason whatsoever by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. The Contractor shall have the same right to terminate this Agreement. B. The Circuit shall also have the right to terminate this Agreement or any services noted herein for cause or other performance defect with thirty (30) days written notice to the Contractor. The Circuit shall also have the right to terminate this Agreement or any services noted herein without cause should budgeted and/or grant funds not be available. C. Upon termination, Circuit shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination date. D. Upon termination, the Contractor shall promptly discontinue all services affected, unless the notice directs otherwise. E. The rights and remedies of the Circuit and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VI. NO PERSONAL LIABILITY No member, official or employee of the County shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the County or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise) Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the County, respectively, and not against any employee, officer, director, or elected or appointed official. VII. ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing,between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. VIII. WAIVER OF AGREEMENT The County's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. IX. SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed to be a waiver of the County's sovereign immunity or any individual's qualified good faith or official immunities. [THIS SPACE INTENTIONAL LEFT BLANK] A IN WITNESS WHEREOF the County and the Contractor have executed this Agreement effective as of the dare the Chairman executes this Agreement on behalf of the County. CONTRACTOR &c . L Gam. By: Its: [CORPORA IE SEAL] SIGNED, SEALED,AND DELIVERED In the presence o • Mat Wi ess otary Public / Bonnie Johnston NOTARY PUBLIC ColumbiaMITAEOhtIAL] My Commission Expires 10-27-18 My Commission Expires: RICH��M��OrrND COUNTY 4614 By: HARDIE DAVIS, JR. 510? Its: MAYOR [COUN r SEAL] - SIGNED, SEALED,AND DELIVEREDfil 'I1 • �! /�/ *aa(��,•, / I e presence of: / Witness ✓ C-16/11261,/ h y 0 ,' .‘,i,-7':: r �A, j aw e ' A�fi * '- • Notary �`,{(`� ��••. a s•< '.•lk I, ' ZS E t' i �,s .. e al c 0 1..Ap. 1 # % 4996 hT RI SEAL] S CFORGtA' 04, .,,,yam �: ,,���_-bu �.0 MY Commission Expires May 25,2019 My CommissionFxpires: