HomeMy WebLinkAboutRES 09-351 RESOLUTION NO. 09-351
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into an agreement with
Jefferson County Community Supervision and Corrections Department,substantially in the
form attached hereto as Exhibit "A," for participation in the Community Service Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
November, 2009.
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Mayor Becky Ames -
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COOPERATIVE AGREEMENT
FOR
COMMUNITY SERVICE PROGRAM
Between the
Jefferson County Community Supervision and Corrections Department
And
City of Beaumont
The Community Service Program serves as a broker between the Courts of Jefferson
County, Texas and the community by administering community service hours imposed in
lieu of or in addition to Court ordered fees; or as a condition of probation. The goal of
the community service program is to assist the Court in the administration of justice b
coordinating the performance o y
P f community service by offenders to the mutual benefit of
the Courts, community agencies and offenders.
The services of each party should complement each other as to provide a mechanism for
the citizens of Jefferson County, Texas to receive benefit from the services of
probationers as ordered by the Courts of Jefferson County, Texas.
PURPOSE OF AGREEMENT:
The purpose of this agreement is to formalize the working relationship between the
JCCSCD community service program and the public and nonprofit agencies namely
City of Beaumont that receive the community service. The following responsibilities
will clarify the roles and responsibilities of the parties involved.
COMMUNITY SERVICE PROGRAM RESPONSIBILITIES:
The Community Service Program or designated representative agrees to:
1. Refer probationers to contribute community service work, who possess skills
and capabilities consistent with the types of skills and abilities most beneficial
to the agency or organization receiving benefit of the work service.
2. Designate a Community Service Program liaison for the CSR agency:
3. Complete a thorough screening of all probations prior to referral for
placement and advise the CSR agency of the current type of offense.
4. Adhere to the CSR agency guidelines.
5. Advise the CSR Agency of any special conditions of the case such as current
or past offenses which relate to the proposed service, mental or physical
disabilities, alcohol or drug problems or a poor attitude.
6. Respond to and notify the Court with any problems such as poor performance,
attendance or attitude in a prompt and affirmative manner: within 48 hours.
EXHIBIT "A"
7. Conduct a worksite visit as needed or as soon as possible when a new
supervisor is appointed or upon request of the CSR agency.
8. Collect all reports and time sheets to complete weekly and monthly reports.
CSR AGENCY RESPONSILITIES:
The CSR agency or representative will:
1. Not discriminate in serving probationers or accepting offender volunteers on
the basis of race, sex, age, marital status, color, political affiliations, national
origin, religion handicap, or any other non merit factor:
2. Designate TWO specific staff personnel ( CONTACT PERSONS) on the
Agency Record through whom all referrals will be made:
3. Keeps all information concerning the offenders strictly confidential:
4. Provide descriptions of available work assignments which will benefit the
general community.
5. Provide supervision of the actual performance or work of the probationer
giving adequate direction for work assignments and accountability of worker
job performance.
6. Provide documentation of date(s) and time(s) of performance of the work
assignment to the CSR Program in a timely manner.
7. Provide any equipment or supplies necessary for performance of the work
assignment.
8. Allow for water breaks and lunch breaks when appropriate in accordance with
good labor practices.
9. Not assign probationers to perfo any tasks which pose any obvious danger
to the probationer.
10.Not allow probationers to driv C gency vehicles without the prior
permission of the CSR Program.
11.Not allow offenders to drive their own vehicles from one work assignment to
another.
12. Not allow offenders to purchase supplies or materials for the CSR project
unless it is approved by the CSR Program in writing.
13. Not allow offenders to use their own tools, supplies, or materials for the CSR
project without prior permission of the Community Service Program.
14.Not allow probationers to pay money, donate materials,merchandise, favors,
or professional services for personal use in lieu of CSR hours without written
consent from the CSR Program.
15. You the CSR Agency, will not accept from the offender money, donated
materials, merchandise, favors, or professional services for personal use in
lieu of CSR hours without written consent from the CSR Program.
16. Keep accurate records of hours worked by the probationers and make them
available for review to the CSR Program upon request.
17. Provide progress reports on probationers when contacted by the Community
Service Program.
18. Take the initiative to notify the program immediately of any persistent
performance problems, any injuries or incidents involving the probationer.
19. Promptly dismiss a probationer and immediately notify the program if a
Probationer:
a. Appears to be under the influence of alcohol or unprescribed drugs.
b. Behaves uncooperatively or has committed a serious infraction of
worksite rules.
c. Is repeatedly tardy, rude, or uncooperative and regularly fails to
report as scheduled.
20. Provide a final report by completing an Evaluation Form and returning the
timesheet when the probationer completes the CSR hours, or when the case is
closed out.
21. Ensure that your agency meets non-profit status as outlined with IRS Code
501(a) or 501(c) or 501(c) (4) exempting your agency from federal income tax
CLARIFICATION OF LIABILITY
Liability of Jefferson County Supervision and Corrections Department is limited to its
own acts in placing probationers with City of Beaumont to perform community service.
All efforts with be made to screen probationers to be placed,to alleviate any danger to
the community, or any inherent liability to the agency or organization receiving benefit of
the community service.
The primary liability for accidental injury received while performing community service
will inherently lie with the agency or organization receiving the benefit of the community
service. Jefferson County Community Supervision and Corrections Department carries
an accidental injury policy to cover probationers that are hurt while doing community
service. In good faith effort to avoid situations of liability, it is suggested that community
service probationers not be allowed to operate heavy equipment or hazardous equipment
that could result in serious injury or damage to the equipment or probationers.
TERMINATION
This agreement will become effective on the date of execution of this instrument and may
be terminated by either participating party upon a thirty (30) day written notice. It may
also be modified with mutual consent of both parties.
JEFFERSON COUNTY COMMUNITY SUPERVISION & CORRECTIONS
DEPARTMENT
Stott Date
J4n Dir efferson County CSCD
Ja obias S "orCSR Program Dat
CSR Agency Representative Date
Approved in accordance with Texas Code of Criminal Procedure,Article 42.12
Section 16(a):
David Pouncy Beaumont CSR Coordinator
951-2282 or 225-0892
Chuck Jenny Port Arthur CSR Coordinator
983-8365 or 540-6370
Fax CSR hours to Robin Coleman 409-989-3623