Loading...
Denton County Community Supervision & Corrections Dept-6199-Award/Ordinance/PricingCOOPERATIVE AGREEMENT FOR COMMUNITY SERVICE RESTITUTION This agreement is made entered into thisL6's''"' R AW4 , s Y," Community Supervision and Corrections i partment reireif c e reed subdivision of the State of Texas - the Tis e o r apolitical subdivision of the State of Texas, for the purpose of protldir3 a Cor arYeunity �' Both titeOaCYatrd Restitution(CSR)work program for offenders underttte'5apb erom_ CSCR have the authority to enter into this Agreemefitputsualtt to offer tiers "Tleos soviertmen Code. The objective, held in common by both parties, WWI provid Community ervicewithout, repay a portion of their debt to society by performing C;bW, - r compensation, as a condition of their community supervision. The SCD agrees n probate° s appropriate placement within the Organization, provided a tSCIe agreeszatfoit he$ m a roue ty Service Restitution Agency Description and provided tht3 docurnenYto'tfie If an a ization has not provided the CSCDwith an Agency at the Organization. s offenders are acceptable . Description form, It -WO be assumed tiratall type #f The CSCD agrees to fumish probationers to the Organization and the Organization agrees to utilize the labor, skills, and efforts of probationers for the performance of work assignments as described in this agreement. The Organization shall have the sole right and responsibility for supervising u'fty the day -today performance of each probatiol7etandtheoperet+rmufto ; The CSCD shall have the right to be fully informer# caknGenri invofrtg service project, the,WUZaUQD oFtpe prE upvu+x.. — + — he a probationer with the prpjeet. The cSLD.shah have , and observe the performatice ofanyande4Aimbatkzners'a places. BACKGROUND Persons placed under the supervision of the Oz h6th ns a m' dpnie nae , are routinely court ordered to complete the community service iYutictrt.a� eondittorr of rxrmntutafty supervision in an effort to hold the offender accpsintslefor'pay a'PC ion.ofthpfr debtto 5�• However, community service can also function as8-itrrsarts ofteachireg, simfltfpd or new job skills. Probationers who are required to perform c{jrrimunity service as condition 40601" sdpervision are directed by Courtsto petforrn and the CS to to re hours,. ndirt stit'the#tfF iise committed. Every efforti5010de by t u and SCD to refer probaffoneers to r skills can be utilized,or new skills can be learned. The probationers are responsible for performing community service as ordered. If they do not fulfill the requirement, the privilege of community supervision may be taken away and they may be required to complete their sentences in jail or prison. GENERAL GUIDELINES organizations or rork cannot be provided ice programs affiliated with religious organizations are allowable if, the following criteria are met: the organization must have a secular govemmental purpose; the organization must neither advance nor Inhibit religion; sponsored projects,bythe religious organization. must be for the benefit of the general community (such as food pantry or clothing room). the community service work must not foster excessive govemmentafentangiement with religion. Probationers may not receive monetary benefit or advertising publicity through the community service assignments. Probationers may be granted CSR credit in felony cases for donations to a food bank or food pantry. (Not allowed in misdemeanor cases.) D Donations must be made directly to the food bank. ➢ Donations may be in the form of cash or products. ➢ One hour of credit will be given for each $5.00 donation. • This type of CSR must be approved by the probationer's Officer priorto making the- donation. • Falsification of records, using probationers to perform CSR for a personal project, granting CSR hour credit in exchange for goods or services by the probationer that fall outside of the scope of the community service project, or other non -approved agency function may result in prosecution. The CSCD is not responsible for any accident caused by the CSR workers orto any CSR worker. • community service time is only granted for actual time spent performing un -reimbursed work for the Organization. Any additional "credit" without actually working the hours must be cleared with the director of the CSCD or the CSCD's CSR Coordinator prior to the credit being given. Probationers will not provide transportation of people as part of their community service assignment, unless accompanied by the Organization's contact person or designee, and said transportation will not be in the probationer's vehicle. Liability insurance is the responsibility of the Organization. Probationers may continue to volunteerth0Ir*rvice beyond the term of the community supervision conditions,. if agreed to by the' lzatop', but should this arrangement be made, the of the CSCD, and terms of this agreement will not probationers will not be under the stlpa apply. RESPONSIBILITIES OF THE ORGANIZATION r Notify the CSR Coordinator s office of the need for community service worker(s) at least 24 hours in advance, whenever possible. When not possible, the CSCR will make every effort to locate the necessary worker(s) but may not be able to do so. Maintain accurate records of community service hours performed by each probationer, and provide • written verification of those hours to the CSR Coordinator weekly. Each approved agency will be hey may submit their own documentation of CSR hours provided with a CSR Program roster, or t ed by the agency supervisor or their designee. Said worked so long as it is in writing and sign .documentation may be faxed or.maile.d by the U.S. mail. it may also be transmitted electronically via e-mail as long as the e-mail is generated from the agenws t supervisor's he CSR Coordinator s offece email address, and said email address has been previously provided mails can be sent to the CSCD's designated CSR email: communityServiceCSCDidentoncoun .com. • Supervise work performed by probationers. Provide work assignments in a safe and healthy atmosphere that can be completed by probationers. The work required in the assignment should not include work that may pose a danger a the gerpubh; such as providing transportation in anautomobile or othervehicle, and work that may endanger the probationer, such as construction or maintenance work that involves a significant risk of injury. • Unless otherwise arranged with the CSCD, the Organization will provide any equipment or supplies needed to perform the assignment. The Organization agrees, to the extent possible, to respect the confidentialnature of the probationer's status, • Should a CSR worker fail to perform to the expectations of the Organization or for other reasons need to be discharged from the work assignment, therganiiation may terminate the CSR worker s ;O assignment. in this event, the organization must immediately contact the CSR Coordinators office or supervisory staff of the CSCD to report the problem so that action can betaken. • Upon request of the CSCD, and only in extreme circumstancesthe Organization may be asked to Fie , written reports concerning the performance of "a probationer/defendant for the community service project. • The CSCD may from time to time phone or e-mail the organization to verify CSR hours performed and/or the progress of a CSR worker. r and e-mail address This The Organization will notify the CSCD of the name, telephone number, address, of the agency's supervisor/cOntact or by reporting the updated reformat olo via a telephone cain the ll Service Restitution Agency Description, to Rhett Wallace at (940)349-3404, by mailing the information to the department at PO Box 1309, Denton, Texas 76201, Attn: CSR Program, or by e -mailing. Comm unttvServiceCSCD@dentOncO untV,com. RESPONSIBILITIES OF THE PROBATIONERS Be on time and perform all assignments in a manner satisfactory to the Organization's supervisor/coritact person. Dress appropriately for the job and exhibit behavior, appropriate to the community service assignment. • obey all reasonable rules and directions given by the Organization. • Notify the supervision officer if a problem arises with the referral or in.performing the community service. INDEPENDENT PARTIES The CSCD and Organization shall for all purposes under this agreement are iridependent parties. agent, or representative of the other party, nor shall either Neither party shall be deemed an employee; party have authority to incur any obligation or make any representation on behalf of the other party. RESCINDING REFERRALS The CSCD shall retain the right to rescind any referral of -any probationer to the Organization and discontinue the services of any probationerwith any Organization for any reason and at any time. EXPENSES, HOLD HARMLESS, INSURANCE " furtherance of and performance of this agreement shall be Any and all expenses incurred in the borne by the party that incurred them. Neither party shall be responsible or liable in whole or in partfor the acts or omissions of the other party,its agents, CSR workers, or employees. Neither party to this agreement shall be required to indemnify the other or holdagainst the Harty to harmless against any claim of anykind, including any claim asserted by a third party g " this agreement, resulting from an act or omission of a probationer referred to the organisation by the department pursuant to the agreement. responsible for determiningthe need for and for procuring any insurance that it Each party is may deem necessary in order to protector indemnify itself from the consequences of any possible legal liability that it may incur in the performance of this agreement, 4 NO COMPENSATION It is understood that the employees of the Denton County CSCD or individuals acting as -agents - of the Denton County CSCD are not authorized to receive any type of personal payment, reimbursement, compensation, commission, gratuity, or gift for services provided under this agreement. ,The Organization warrants that no employee or agent of the Denton County CSCD has been retained to solicitor secure this agreement and that the Organization has not paid or agreed to pay any employee of the Denton County CSCD any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the making of this agreement or as.an inducement for entering into this agreement. The unauthorized offering or receipt of such payments may resultin the immediate termination of this agreement. EFFECTIVE DATE/CANCELLATION This agreement will become effective on the date thatft9 s rled'by'the Organization's representative and will remain in effect until cancelled by either partyisr updated by the CSCD. if for any reason either party is dissatisfied with any arrangemertifin this ag tr either party may cancel this agreement at anytime with or without written notice to the other party. 1, the undersigned, affirm the non-profit or governmental status of the organization -and that l am authorized to enter into this agreement. (501)(c)(3) or Tax ID number here: APPROVED ASTO FORMi CITY ATTORNEY CITY OF DENTON, i EkASr 6Y: -�