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HomeMy WebLinkAboutRES 95-087 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with the Texas Department of Criminal Justice, State Jail Division, for providing offenders for community service work programs. The contract is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the �W day of , 1995. �Vt - Mayor - t Directive Number SJF-0.01 Attachment B NUMBER: COOPERATIVE AGREEMENT FOR COMMUNITY SERVICE BETWEEN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE STATE JAIL DIVISION AND THE CITY OF BEAUMONT This Cooperative Agreement is entered into between the Texas Department of Criminal Justice, State Jail Division (hereinafter referred to as "Division") and THE CITY OF BEAUMONT (hereinafter referred to as "Organization") in order to provide offenders with an opportunity to "Work for a Better Texas" through community service. Offenders are persons being held in a State Jail facility, as authorized by law, and operated under authority granted to the Texas Department of Criminal Justice by article 507.001 et. seq. of the Government Code. I. RESPONSIBILITY OF THE DIVISION The Division agrees to make available offenders and security staff from the State Jail to the Organization for the purposes set forth in this agreement, subject to availability of said offenders and security staff. The Division will make a good faith effort to make available offenders and security staff at the time and in the numbers authorized by the Division for participation in a community service project. The Division, however, reserves the right to cancel any scheduled community service project at any time, without accruing any liability for such cancellation, if it is determined by the Division that it is in the best interest of the Division to cancel, stop or postpone such participation. This determination is at the sole discretion of the Division. If it is determined necessary by the Division to stop a project while a work force is at the project site, the Organization will cooperate in securing and providing transportation for the work force and security staff back to the State Jail, without unreasonable delay. The offenders will perform such tasks as requested by the Organization and as authorized by the Division without compensation. The offender is not an employee of the Organization and is not entitled to any benefits provided by the Organization to its employees. Additionally, the Division will provide security staff to supervise the offender work force at no cost to the Organization. CSPRO\SERVICE.AGR 1 EXHIBIT "A" Directive Number SJF-U.01 Attachment B . II. RESPONSIBILITY OF THE ORGANIZATION The Organization certifies that it is a Governmental Agency or Non-Profit Corporation organized under the "Model Non-Profit Corporation Act" and has received a tax exemption under the Internal Revenue Code, Section 501 (c). The Organization further certifies that the utilization of offender labor does not result in any existing employees of the Organization being displaced. The Organization hereby requests of the Division that a work crew comprised of offenders provided by the Division, under the supervision of Division security staff, perform community service tasks as further discussed under Section V of this Agreement. The Organization will provide or will cause to provide the following: 1. Appropriate and safe transportation for offenders and security staff. Offenders and security staff will not be permitted to ride in the back of a pick-up truck or other "open" vehicle. 2. All tools, supplies (paint, brushes, lumber, nails, etc.), work gloves, safety glasses or face shields, safety vests, hearing protectors and other supplies and safety equipment necessary to assist the offender in accomplishing the work task. 3. Water for offenders and security staff and, if appropriate, meals when the community service project is conducted off-site of the facility. 4. Supervisors, who will provide safety instructions to the offenders and oversee the work being performed. At all times, however, the offenders will be under the direct observation and supervision of Division security personnel. 5. Additional security staff, if appropriate and if requested by the Division. 6. Reasonable access to rest room facilities. The Organization will not request offenders to engage in any activity that is inherently dangerous. The Organization agrees that all offenders will be under the supervision of Division security staff and all orders to offenders will be issued by Division security staff. The Organization agrees to provide all assistance requested by Division security staff in maintaining an orderly and disciplined work environment. III. LIABILITY Both the Division and the Organization will take all reasonable precautions to reduce the possibility of injury to offenders and Division security staff. If any injury does occur off-site of the State Jail facility, while the offenders and Division security staff are in transit to or from the work site and/or while at the work site, the Organization will provide reasonable assistance in securing emergency aid and assisting the injured. The Division cannot indemnify the Organization nor is the Organization requested to indemnify the Division for any claims arising from injuries. CSPRMSERVICE.AGR 2 Directive Number SJF-t.i l Attachment B IV. INDEPENDENT CONTRACTOR The Division and Organization shall for all purposes under this agreement be independent contractors. Neither party shall be deemed an employee, agent, or representative of the other party, and neither party shall have the authority to incur any obligation or make any representation on behalf of the other party. V. COMMUNITY SERVICE PROJECT Provide a brief narrative describing the community service project, including the tasks to be completed and the time frame for the proposed project. Attach additional pages if necessary. In this section, please describe the resources being provided by the Organization to the Division to facilitate completion of this project. CSPROISERVICE.AGR 3 Directive Number SJF-L.j1 Attachment B VI. TERMINATION This agreement will become effective on the date of execution and may be terminated by either parry upon receipt of written notice. This agreement may also be modified with mutual consent of both parties, with said modification being signed by both parties and attached to this agreement. *Organization Authorized Signature Date Facility Administrator Date * Organization Authorized Signature means that person who has the legal authority to execute contracts on behalf of the organization. CSPRO\SERVICE.AGR 4