Loading...
HomeMy WebLinkAboutINTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN GEORGIA DEPARTMENT OF CORRECTIONS AND CITY OF AUGUSTA ANIMAL SERVICES (2) GEORGIA DEPARTMENT OF CORRECTIONS AND CITY OF AUGUSTA AUGUSTA ANIMAL SERVICES ANIMAL ASSISTANCE SERVICES INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is entered into the 1st day of November, 2018, by and between the GEORGIA DEPARTMENT OF CORRECTIONS, an agency of the State of Georgia (hereinafter referred to as the "Department"), and City of Augusta, Augusta Animal Services , a political subdivision of the State of Georgia hereinafter(the "Contractor"). WHEREAS, the Contractor's duty is to enforce state laws and local ordinances pertaining to the care and control of animals, protection of life and property, to provide humane sheltering and treatment of lost, abandoned and released animals, and to raise public awareness of responsible pet ownership; WHEREAS, the Constitution authorizes the state, or any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision of the state may contract for any period not exceeding 50 years with each other or with any other public agency, public corporation, or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide. Ga. Const. Art. IX, §III, ¶I(a). WHEREAS, the Department desires to assist Contractor in providing services as more fully described below, and Contractor desires that the Department assist in providing such services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of these premises and the mutual promises and agreements hereinafter set forth, the parties hereby agree as follows: 1. Scope of Services. The Contractor agrees to perform fully and faithfully the services described in Exhibit "A", attached hereto and incorporated by reference herein (the "Services") in accordance with standards applicable to similar professionals practicing in the geographic locality that the Services are to be performed. Contractor agrees to maintain for the duration of this Agreement all licenses, certifications and permits applicable to the Services to be performed. 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. 1 f 19 LGL10 Animal y _ _ _Assistance.doc 2. Contract for Services. In the performance of the services, and for all tax, liability, employment, and insurance purposes, Contractor 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 Contractor shall not hold itself out to be an employee or agent of the Department. 3. Compensation. The parties agree that Contractor will provide services at no cost to Department and that Contractor will provide all necessary equipment, supplies and materials necessary for operations, including but not limited to, food, medications, veterinary and/or medical services, dog handling and grooming equipment, and other items as necessary to facilitate the care of dogs at no cost to the Department. 4. Benefits. The Contractor acknowledges that he is not entitled to any benefits, including health insurance, workers compensation coverage, unemployment compensation coverage, which are ordinarily provided to employees of the Department. 5. Pledges of Credit. Contractor 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 the Contractor for any travel or other expenses incurred by the Contractor for the duration of this Agreement or for any renewals made pursuant to this Agreement, unless approved in advance by the Department in writing. Any such reimbursement shall be made in accordance with and in amounts permitted by applicable state rules and regulations. 7. Equipment. The Department is not required to provide any office space nor any equipment to the Contractor except as specifically provided under this Agreement. 8. Term of Agreement. This Agreement shall be effective as of November 1, 2018 and shall continue in force and effect until 11:59 p.m. on June 30, 2019 unless such period is extended by mutual agreement of the parties in writing. 9. Termination for Convenience. Either Party may at any time and for any reason terminate this Agreement by providing written notice in advance of such termination to the other Party. In the event this Agreement is terminated, Contractor shall have no more than three (3) days from the date of receipt of the notice of termination to remove the animals from Department's facility. Contractor shall be liable to the Department for any cost incurred by the Department as a result of deficiencies in the Services to be provided hereunder. 2 fy19_LGL10_Animal_Assistance.doc 10. Compliance with Laws. The Contractor agrees to perform the 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 governments, including orders of any court of competent jurisdiction. Without limitation to the generality of the foregoing, Contractor agrees to comply with any special conditions, undertakings or representations attached hereto, all of which form a part hereof. 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. §45-10-20, et seq., in any respect. The Contractor agrees not to employ any individual that would result in a violation of this law. 13. Screening. Contractor acknowledges and agrees that Contractor, including employees of Contractor, shall be subject to background investigations conducted by duly authorized agents of the State, and Contractor and Contractor'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. 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. Contractor agrees that the Contractor 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 Contractor 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 Contractor will allow and assist the Department in investigating the charge or accusation. If the charge is established, the contractor 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. 3 fy19_LGL10_Animal_Assistance.doc 16. Confidentiality. Contractor 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 Contractor (collectively, the "Information"), except to the extent that such Information (a) is the work product of the Contractor (b) is the proprietary information belonging to the Contractor (c) is otherwise available from third persons without restriction on its further use or disclosure, (d) is required by order of any court or by law or by any regulatory agency to which Contractor is subject or in connection with any civil or administrative proceeding, or (e) to the extent such Information is or becomes publicly known other than through actions, direct or indirect, of the Contractor. 17. Prison Rape Elimination Act. Contractor agrees 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. Contractor agrees to undergo training, as the Department sees fit, regarding the Department's zero-tolerance policy for sexual abuse and sexual harassment and Contractor agrees to document that Contractor understands such training. Contractor agrees to inform Department of any knowledge, suspicion, or information regarding the occurrence of sexual abuse or harassment in any facility in which the Contractor is present. Contractor agrees to keep all information about sexual abuse or sexual harassment, other than such information as is required to report the incident, completely confidential. Contractor 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. Contractor, its employees, agents, subcontractors and assigns, agree to cooperate fully in the defense of any litigation brought against the Department or Contractor relating to the Services to be performed under 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. Amendment. The parties recognize and agree that it may be necessary or convenient for the parties to amend this Agreement so as to provide for the orderly implementation of all of the undertakings described herein, 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 hereto. 21. 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 -- return receipt 4 fyl 9_LGL10_Animal_Assistance.doc 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 Contractor: City of Augusta Animal Services Attn: Crystal Eskola Interim Director of Animal Services 4164 Mack Lane Augusta GA 30906 Email: CEskola@augustaga.gov If to the Department: Jennifer Ammons, General Counsel Georgia Department of Corrections P.O. Box 1529 Forsyth, Georgia 31029 22. 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. 23. Compliance with Federal and State Work Authorization and Immigration Laws. Contractor 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. Contractor warrants that it has registered with and uses the federal work authorization program commonly known as "E-Verify." Contractor 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. Contractor warrants that it will include a similar provision in all contracts entered into for the physical performance of services in satisfaction of this contract. 24. Survival. The terms, conditions, representations, obligations, understandings and undertakings herein shall survive any termination of this Agreement. 25. 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. 26. 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 5 fy19_LGL10_Animal Assistance.doc 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. 27. Drug-Free Workplace. The Contractor acknowledges that Contractor 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 Contractor 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 Contractor may be suspended, his contract terminated or the Contractor debarred if it is determined that: (1) the Contractor has made false certification hereinabove; or (2) the Contractor has violated such certification by failure to carry out the requirements of the "Drug-Free Workplace Act". 28. 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. Jurisdiction and Venue for any civil action arising out of this agreement shall lie in the Superior Court of Fulton County, Georgia. 29. 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). 30. 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. 31. 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. 32. 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. 6 fy19_LGL1 O_Animal_Assistance.doc 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 CONTRACTOR CORRECTIONS CITY OF AUGUSTA, AUGUSTA ANIMAL SHELTER ; # By: By: rti li. Jennifer Ammons lZ o)(t$Name Printed: (4 q,yvtiG Dc(lit'‘' ,3'r. General Counsel Title: nit 0 r - ( t, ©E A 9 ut EA .,, it tttibt:ir /// / .•� �,CI Mt3% t • ...„,...,..fs r t ame:C A ; .• / 9/ i 1 ei Stiltir. , , is::: r �� Fitle Printed: irgr, i '47 s� I.4 `�°a•.....• 1 ame: umwevo Atle Printed: 7 fyl 9_LGLl 0_Animal_Assistance.doc Exhibit "A" Scope of Services This agreement provides for an affiliation and working relationship between the Georgia Department of Corrections (GDC) and the Contractor. GDC and the Contractor agree to work together to establish and maintain quality processes for the provision and delivery of services to the dogs in the Program. GDC and the contractor will work collaboratively to establish standard operating procedures outlining in detail specific provisions to care for fostered shelter dogs in the Program, including but not limited to facility specifications, shelter, food, water, veterinary services, and human care standards. The parties agree jointly that no pit bulldogs will be accepted or allowed in the program. Georgia Department of Corrections Responsibilities A. GDC acknowledges that the Contractor has final legal authority over the placement, care, use, and ultimate disposition of dogs the Contractor places in the Program. GDC will not relinquish a dog to anyone other than the Contractor. B. GDC will allow Contractor staff access to the Facility as necessary for the successful implementation of the Program and the overall health and safety of the dogs in the Program, subject in all cases to GDC standard operating procedures, including but not limited to those regarding the safety and security of the Facility. C. GDC will identify a number of offenders sufficient to provide care for the dogs assigned GDC will cooperate with the Contractor in establishing criteria for the selection of offender participants; however, GDC will retain the final authority for selection and removal, if necessary, of an offender participant from the Program If there is not a sufficient number of interested offenders at the facility, GDC will notify the Contractor and the Contractor will resume custody of the dogs. D. GDC will make all reasonable efforts to ensure that offenders are given the opportunity to provide the dogs with adequate food, safety, shelter, affection, socialization and exercise. GDC will contact the Contractor without delay if a dog becomes injured or otherwise appears to be in need of emergency medical care. E. GDC will ensure that all volunteers and offenders who participate in the Program will sign Exhibit "C" Participant Agreement and Release Form, attached hereto and incorporated herein by reference. 8 fy19_LGL10_Animal_Assistance.doc Contractor Responsibilities A. The Contractor shall provide oversight, evaluation, and direction for the Program. The Contractor will also provide instruction for the offender participants relating to animal care and training. B. The Contractor shall provide at no cost to GDC or the Facility all equipment, supplies, and material reasonably necessary for normal operations of the Program, including but not limited to food, medications, veterinary services, dog handling and kenneling equipment, and other items necessary to facilitate the proper care of the dogs in the Program. The Contractor will also be responsible for any medical care required for the dogs. C. The Contractor shall select and provide dogs for the Program and will have final authority over the dogs placed in the Program. Furthermore, the Contractor retains the right to retire any dog from the Program at any time and specifically for any reason pertaining to the dog's health, welfare, and safety. D. The Contractor shall ensure that all Contractor staff and volunteers who participate in the Program will sign Exhibit "C" Participant Agreement and Release Form, attached hereto and incorporated herein by reference. E. The Contractor must have prior written approval from GDC Public Affairs for all social media posting, publications, advertisements, media contact, public information, which relates to the facility dog program, collectively called "material", excepting that material which deals solely with dog adoption promotions. 9 fy19_LGL1 O_Animal_Assistance.doc Exhibit "B" Compensation Schedule The parties agree that Contractor will provide services at no cost to Department and that Contractor will provide all necessary equipment, supplies and materials necessary for operations, including but not limited to, food,medications, veterinary services, dog handling and grooming equipment, and other items as necessary to facilitate the care of dogs at no cost to the Department. 10 fy19_LGL10_Animal_Assistance.doc Exhibit "C" Release Form I hereby acknowledge that I am requesting by this Release Form to participate in the Program. By signing below, I am assuming all risks in connection with the Rescued Program, understanding that I will have close and regular contact with dogs selected for this program. I further understand that as a participant in the Program, I will be assigned to care for one or more dogs, including but not limited to grooming, training, feeding, washing, and cleaning of kennel areas. I promise that I will not provoke, abuse, or harm any dog with which I have contact in this program, and I understand that if I do I will be removed from the program immediately and subjected to disciplinary action, criminal prosecution, or both. I understand that dogs, by their very nature, may be aggressive and unpredictable. By accepting the opportunity to participate in the Program, I accept the risk that I may be bitten, attacked, mauled, or injured by a dog. I hereby waive, release, and discharge the State of Georgia, the Georgia Department of Corrections and its employees, agents, and assigns, and the Contractor and its employees and volunteers from any and all claims, liabilities, costs, or expenses for any and all bodily injury, personal injury, death, loss or damage to personal property, and financial loss that might be sustained by me in connection with my participation in the Program or visit to the Department's Facility. I hereby accept responsibility for any loss, damage, or injury incurred by me to persons or property during my participation in the Program. I promise to abide by all Georgia Department of Corrections policies, procedures, rules and regulations while on Georgia Department of Corrections property. By signing below, I certify that I have read this document and fully understand its contents. I am aware that this Release Form serves as a release of liability and a binding contract and I sign it of my own free will. Name: Signature: Date: Witness: 11 fy19_LGL1O Animal_Assistance.doc