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HomeMy WebLinkAboutGRANT CONTRACT AGREEMENTS FOR THE STATE COURT ACCOUNTABILITY COURT PROGRAMS_ CJCC GRANT POSITION OF LABORATORY TECHNICIAN, SAMHSA GRANT POSITION OF EXTERNAL EVALUATOR AND SAMHSA GRANT POSITION OF PROJECT COORDINATOR STATE COURT OF RICHMOND COUNTY State Court Accountability ` �i.1 () , Courts % , , : James H.Ruffin,Jr. Courthouse t, 735 James Brown Blvd.,Suite 4108 '! ,Ili yAugusta,GA 30901 David D. Watkins t _�ii 1 Crystal Page,Coordinator STATE COURT CHIEF JUDGE (706) 849-3484 AGREEMENT THIS AGREEMENT is effective as of the 22nd day of October, 2018, 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 Raymond B. Hamilton (herein "Contractor", collectively referred to as the "Parties." This Agreement constitutes the entire understanding between The State Court of Richmond County Accountability Courts and Raymond B. Hamilton 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 a Laboratory Technician (the "Work");and WHEREAS, the County fords 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 22, 2018 and end on June 30, 2019. 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$552 bi-monthly or$13,248.00 annually. The contractor shall work no more than 23 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 tected 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 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 ect 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 B • • �...r a all _„ _ ' >' Siy(:ture Its: [CORPORATE SEAL] SIGNED, SEALED,AND DELIVERED In the presence,,n. ‘‘‘111111//, W fess r/ / :Z d'p /P 14 e „— 2./ 4oTAok. ;2 Notary ublic _ �'. % a MY COMMISSION EXPIRES S*Q 6., OTARY SEAL] AUGUST 15 1 ##,ti0 OOU0 to``��` CRYSTAL A.PAGE ��''iiiiiii`` NOTARY PUBLIC COLUMBIA COUNTY, GEORGIA MY COMMISSION EXPIRES My Commission Expires: MARCH 22,2022 RICHMOND/_ �COUNT i r , /00 By: Hardie Davis, Jr. INIk/I$ Its: ,M,ayor, city.Aaf. ufuet --. ., � �L] i SIGNED, SEALED,AND DELIVERED /" ifEir �/..y�_pd�,/,, ,, �� In the presence of: - / � — ffP g n / I �/ I f:',,;),`"~.' ; . •f44774:- °1.1 . Witness (/ ++l 1�'!C, `i, 1 ' t ' ,' r : 5� '',;' �� 99m "' Notary Public l.' XI i %�+ ��yr ` t ... imp�.. or 4 I '"C.1: ''”Jim.vm-esw i ir [NOTARY SEAL] ; , AU ° ;.y s,i ll,p,C 30** �. ...., My Commission Expires: My Commission ExpiresIuray .2019 Office of the Administrator ,--- -4r17- ., _,,l_:- ..............„ G J ;lt 45z II.:.iA Janice Allen Jackson, Administrator Suite 910-Municipal Building Jarvis Sims,Deputy Administrator 535 Telfair Street-AUGUSTA,GA 30901 Tony McDonald, Deputy Administrator (706)821-2400- FAX(706)821-2819 November 20,2018 The Honorable David Watkins Chief Judge—State Court 735 James Brown Blvd. Augusta,GA 30901 Dear Judge Watkins: The Augusta,Georgia Commission,at their regular meeting held on Tuesday, November 20,2018,approved three grant contract positions for the State Court Accountability Court Programs. Accountability Court was granted three grant positions: 1. CJCC grant position of Laboratory Technician 2. SAMHSA grant position of External Evaluator 3. SAMHSA grant position of Project Coordinator (Approved by Public Safety Committee November 13,2018) If you have any questions,please contact me. Y rs truly, c Ja ce Allen Jackson A ministrator 11-20-18: #7 (R—C 5 cc: Ms.Niya Brantley ✓ 12 6 1 tE , R' Ms.Crystal Page 1 Ms.Donna Williams 1/ &eait.4_,61 ./.e,A__., 1 a . — STATE COURT OF RICHMOND COUNTY State Court Accountability l Courts " ' i,' James H.Ruffin,Jr. Courthouse _ . , 735 James Brown Blvd.,Suite 4108 f f�+~ 1, Augusta,GA 30901 David D. Watkins — i4. Crystal Page, Coordinator STATE COURT CHIEF JUDGE I 7A, (706) 849-3484 AGREEMENT THIS AGREEMENT is effective as of the 1St day of October, 2018, 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 Dr. Mark A. Melton (herein "Contractor", collectively referred to as the "Parties." This Agreement constitutes the entire understanding between The State Court of Richmond County Accountability Courts (RCAC) and Dr. Mark A. Melton for the services of Grant Evaluator 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 a Grant Evaluator (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 Grant Evaluator. 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. Grant Evaluator;The Contractor shall provide the following services: 1. Contractor will provide a multi-tier external evaluation for the SAMHSA Treatment Drug Courts grant awarded to Richmond County State Court DUI Court Program. 2. Contractor will assist Grant Project Director with all the formative and outcome measures. 3. Contractor will work with the Project Director to implement the data collection plan and collection and reporting of SAMHSA GPRA measures. 4. Contractor will coordinate with each Provider and the Case Manager Data collection for participants via a face-to-face interview using SAMHSA data collection tools at three data collection points: intake to services, six month post intake, and at discharge; and conduct data analysis for the annual performance assessment report. 5. Contractor will provide and assist with the following services,but is not limited to: 1) track all program activities, 2) collect baseline data for the RCAC, 3) lead development of survey instruments for program assessment, 4) assist with the logic model and strategies for enhancing the RCAC program activities, 5) conduct regular scheduled meetings with the program leadership teams, 6) provide logical support for evaluation activities, 7) maintain responsibility for communication and report requirements for the department of SAMHSA a department of the Health and Human Services Agency (HHS) and the RCAC team. 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. 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 1,2018 and end on September 29,2023. 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. External Grant Evaluator The Contractor shall be compensated in the amount of $3,750 per month, with maximum compensation not to exceed $45,000 annually. Compensation is specifically for grant evaluator 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. JI 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.§ 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 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 /1 k A . Me )17/11 Print Nam By: wit, A A. ,,/ ,,,,fr,ob-, Signure Its: [CORPORATE SEAL] SIGNED, SEALED,AND DELIVERED In th- presence of: e! , '4 Nota v Public [NOTARY StTALA.PAGE NOTARY PUBUC COLUMBIA COUNTY,GEORGIA MY COMMISSION EXPIRES My Commission Expires: MARCH 22,2022 RICHM ND COUN - M.A.- /110 By: Hardie Davis, Jr. 12/u/hr Its: Mayor, City of Augusta M„ [CAL] SIGNED, SEALED,AND DELIVERED r ON r . '7' '`tCY 411,;1111/161_ In the presence of / I A ,A.. , / �IE J ' -%A I -',,6 & Ater ,/,, DC,/ 7�2 �5 a .,� t` �'} 'h 1 W.I 7/:.Si;uk 4.......06 144,S e e........... e 4 1.6 i a,, I , ! Vr".% Ilk : j 0 ' Notakyi r .,� ie, .' 4.,�� ts,, ,, * ,. t4... ... ,s 4 , .„a ' � 1.% ‘444 G t•OltGi tole. iftj [NOTARY SEAL] w �' aY , ;..._.. � h•> ” n My Commission ices M 25 2019 l gmmission EX sires: 1< STATE COURT OF RICHMOND COUNTY State Court Accountability 0 71 Courts r '. i� James H. Ruffin,Jr. Courthouse 735 James Brown Blvd.,Suite 4108 P +er ♦ Augusta,GA 30901 *7:411 -. David D. Watkins �� Crystal Page,Coordinator STATE COURT CHIEF JUDGE (706) 849-3484 AGREEMENT THIS AGREEMENT is effective as of the 1St day of October, 2018, 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 Leann Murphy (herein "Contractor", collectively referred to as the "Parties." This Agreement constitutes the entire understanding between The State Court of Richmond County Accountability Courts (RCAC) and Leann Murphy for the services of Project Coordinator 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 a Program Coordinator (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 Project Coordinator. 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. Grant Evaluator;The Contractor shall provide the following services: 1. Contractor will provide administrative and program management tasks for the SAMHSA Treatment Drug Courts grant awarded to Richmond County State Court DUI Court Program. 2. Contractor will assist Grant Project Director in planning and organizing programs and activities. 3. Contractor will maintain and ensure quality control of databases and may assist in implementation of performance measurement and data collection tools in compliance with the performance measurement data required for collection and reporting of SAMHSA GPRA measures. 4. Contractor will coordinate with each Provider and the Case Manager Data collection for participants via a face-to-face interview using SAMHSA data collection tools at three data collection points: intake to services, six month post intake, and at discharge; and conduct data analysis for the annual performance assessment report. 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. 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 1,2018 and end on September 29,2023. 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. Program Coordinator The Contractor shall be compensated in the amount of $3,167 per month, with maximum compensation not to exceed$38,004 annually. Compensation is specifically for program coordinator 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.§ 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 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 c� 1_,‘" s Ct.- L L.A.r'f h, Print Name By: AI ignature 0 Its: [CORPORATE SEAL] SIGNED, SEALED,AND DELIVERED I th, presence of: A0-1449,_ j90 er ess 1 Not.ry Public G [NOTARY SEAT RYSTAL A. PAGE NOTARY PUBLIC COLUMBIA COUNTY, GEOrr" MY COMMISSION EXPIPI My Commission Expires: MARCH 22,2022 RICHMOND�, COUNT -i `-. ARBy: Hardie Davis, Jr. II/4A Its: Mayor, City of Augusta 01 %SEAL] 1` SIGNED, SEALED,AND DELIVERED it'A r/ 'As/4!: **I , E �r / w In the presence of n ik-ii,&, 0, Cil , s , r 1 Wi. ess ; 6 r"'"-" ' �,: • ,: • //ea ' t; .4 1, ve,O,Aahz.6;17 • sv :; Notary Public `�gi` d ."� � 4, pW116[ iiil� re- 4.' 46iN 4. ,te } ARY SEAL] E .i'r..A. A � ,, ...., ,.s.e...a... .. a..,. {. Mr Comenatedon Expires Mary AIO MI Cojiior Expires: