HomeMy WebLinkAboutSTATE GRANT FOR THE RICHMOND COUNTY DUI COURT TO FUND A PART-TIME CONTRACTOR TO WORK AS A LABORATORY TECHNICIAN IN THE COURT'S DUI AND DRUG TESTING LABORATORY STATE COURT OF RICHMOND COUNTY
State Court Accountability ��k ` r�
Courts James H.Ruffin,Jr. Courthouse
= C 735 James Brown Blvd.,Suite 4108
=' Augusta,GA 30901
David D. Watkins
tJP. Crystal Page,Coordinator
STATE COURT CHIEF JUDGE ,.3 (706) 849-3484
AGREEMENT
THIS AGREEMENT is effective as of the 16th day of October, 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 State Court of
Richmond County (Adult DUI, Drug, Mental Health, and Veterans Treatment Courts) and Justin Betts (herein
"Contractor", collectively referred to as the "Parties."
This Agreement constitutes the entire understanding between The State Court of Richmond County Accountability
Courts and Justin Betts for the services of Laboratory Technician 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 State Court of Richmond County Accountability Courts desire to obtain a
Contractor to provide services generally described as Laboratory Technician 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 Laboratory Technician.
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 State
Court of Richmond County Accountability Courts (referred to herein as "State Court" or"Court").
a. Laboratory Technician. The Contractor shall provide the following services:
1. Contractor assist with testing and calibrating lab equipment in preparation for specific tasks
as assigned.
2. Contractor collects urine/saliva samples specific to drug testing, administers drug tests, and
reports results to the Treatment provider,Accountability Court Coordinator and
Accountability Court Case Manager.
3. Contractor will report violations or cases of compliance/non-compliance to the court,
establish,update,manage (research and update records as needed) and enter case
information into computerized case management system.
4. Contractor must perform quality control tests on assays, completed products and product
samples.
5. Contractor must follow all program policies and procedures to ensure product integrity and
quality control.
b. Communication. The Contractor shall utilize the Court Coordinator as the Centralized
Clearinghouse of Information/Communications.
c. Trainings and Court Sessions.The Contractor will not charge the Court for attendance of its
personnel at any count-sanctioned trainings, conferences, programs, or court sessions. Such
attendance is covered by the overall scope of services of drug testing.
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 October 16, 2017 and end on June 30, 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 Court 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 Court.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 State Court Judge assigned to the Accountability Courts, or his/her designee, has authority to
execute without further action of the State Court of Richmond County,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 $12.00 per hour, with maximum
compensation not to exceed $600 bi-monthly or$15,000.00 annually. The contractor shall work no
more than 25 hours per week. 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.
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 it and the county,
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 services in pursuit
of the timely and competent completion of the Work undertaken by Contractor under this
Agreement.
B. Court'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
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 Court.As to any approved subcontractors,
the Contractor shall be solely responsible for reimbursing them and the Court shall have no obligation
to them.
D. Responsibility of Contractor and Indemnification of Court
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 Court, 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 Court 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 Court, 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 Court 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 Court 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 Court 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 Court 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 Court any and all statements, records,reports,
data and information related to matters covered by this Agreement in the form requested by the
Court.
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 Court 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
Court.
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 State 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.§ I64.504(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 Court 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 Court 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 Court 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, Court 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 Court 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]
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
Print Name
By: `' ,
,S' ature
(:/,
Its:
[CORPORATE SEAL]
SIGNED, SEALED,AND DEE ERED
In th- f -.ence o / a"
Witness /
Notary Public
[NOTARY SEAL]
Crystal A.Page
NOTARY PUBLIC
Columbia County,GEORGIA
My Commission Expires 2.23.2018
My Commission Expires:
RICHMOND COUNTY
Mi By.
Its: HAA4le .L rnh 5, rQ
11/30/1' ' a�°R ,,. ..
SIGNED, SEALED,AND DELIVERED f' [COUNTY S L], L. ,a,.�► �►'a*l'; /
r2'/1 !i�/�•'' '
In the presence of: �.�.. '/_:,,,,_�+�,�� i►<1% ✓/I// ' /�, '
n/-.2d' „i„.. D
; ')'26) a.e61, ./,'
`Auot, 0? pWi sess e
/ V J f MC.:41 ‘ I ,
Notary Public �m '� ; �' a
4,4•10WI cP4
qt �►00"4"......:7: • " EOIIGi �.e.
Q �� ARY SEAL] -4. svii oo�`
.g !' ® 0� }
My Commlesion Expires May 2019
v ........ ea,go 2r