2016-238ORDINANCE NO. 2Q 1. .
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
COOPERATIVE AGREEMENT WITH DENTON COUNTY PROBATION DEPARTMENT
UNDER SECTION 791.001 OF THE STATE OF TEXAS GOVERNMENT CODE, TO
AUTHORIZE THE CITY OF DENTON TO UTILIZE COMMUNITY SERVICES WORKERS
ON VARIOUS PROJECTS AND SERVICES WITH NO FUNDS EXPECTED TO BE
AUTHORIZED FOR THIS PROGRAM; AND DECLARING AN EFFECTIVE DATE (FILE
6199).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
Cooperative Agreement with the Denton County Probation Department under Section 791.001 of
the Texas Government Code, a copy of which is attached hereto and incorporated by reference
herein (the "Agreement").
SECTION 2. The City Manager or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 6199 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the (Q day of !-k 2016.
AMkt
C11 'S WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP1 M) AS '( LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: "'
COOPERATIVE AGREEMENT
FOR
COMMUNITY SERVICE RESTITUTION
,
i
;. �.. 1
Persons placed under the supervision of that D.bath Bions aq I isif f r eke
routinely Court ordered�to complete the commui'lf'y e ',rte
lr pf c�orirvwri
�� e
supervision in air effort to hold the *, fendPx ao �t�bie f aVln�i dentT� soy
s.far ori"- in
i lovrever, r rnmuniir,r serr+i a can also function alai rn+ s ofd h tl
skills. °
Probationers whd ars regred.lojlrf"o° cdrxiuiity service as a oifltpr�`#`miiiilty
sdpervision are directed Iyfrre Ccdrks too i 24 to x,000 hours d0lr1ohre+ei�se
committed. Every effort�i� de. ' fly ci i�riti ti1e.GSCO to.refer probatlgi��r�, to sits.li'~ti��eth�ir
skills can be utllized,or new skills can be learned.
orey do
The probationers are responsible for performing community
k n away a d theYhmzy be �t
service as
fulfill the requirement, the privilege of community supervision may
required to complete their sentences in jail or prison.
1
GENERAL GUIDEUNF$
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with reous organliall4oM,8re allowable ff the following criteria are met:
> the orgardntlon mu . St have a secular governmental purpose#*
)o, the organization must neltherladvaDce noeinhibit religion;
> sponsored projects.by the religious OrgarklUtiOn. must be for the benefit of the general
community (such as food pan" or clothing room)- sIve governmehtai,�%ntanglement
-> the cornmuOftV service work must not fi)ster an exces
with religion.
probationers may not recelvemonetary benefft or advertlMng put]lictty WrouSb t . he c6mrnunity
service assignments.
bank ol:'
Probationers may be grantid CSR credit In WqM cases for donations to a food r food.0a ntrY.
(Not allowed In misdemeanor cases.) e food bank.
> Donations must be made directiY to th
> Donations may be in the form of cash or producM
> one hour'of credit Will be given for each $500 donation.
> This type of cSft must be approved by the probAtionerjS Offlcdr priorto makingthe,
donation.
Falsification of records, using probationers to perform CSR for a personal project, granting CSR hou
credit in excharige for goods or services bythe probationer that fall outside of the scope of the
community servi . ce project, or other non -approved, agency function may result in prosecutiom
�q
91
Denton, Texas 76201, Attn: c.Sit program, or by a- aili _
C mmr ntt ervicecscD en1gpcoun stern.
RFSPON51BILITIES OF THE PROBAMONCIRS,
Be •on time and perform all assignments in a manner satisfactorytn the organizations
supervisor/coritactrson.
• Dress appropriately for the job and exhibit behavior appropriate to the community
service assignment.
® obey all reasonable rules and directions given the anization.
• ^
Ndtlly the supervision officer If problem arises with the tefertal or in
rrning the
community service.
. HDEPEQEIVT PARTIES
>;
The t CD and CSrganization shall for ail purposes underthis agreement are independent parties. ins .
! deemed an employee, age, or representative of the other party,
Neither party shallnor shall either
any obligation or snake afiy representation on beha
party have authority tlf of the other party.
-RESCANDING- kFER
referral of -any probationer tothe Orgarilxation and
The C shall retain the right to rescind. any anixatlon for any reason and at any tine.
discontinue the services of any probatonerwith any Erg
a v a p
r
EXpFSEs, HOLD HARMLESS, INSURANCE
d in thefurtherance of and performance of this agreement shall be
Any and all expenses incurre
me by the party that incurred them.
Nelther party shalt be respo' sible or liable In whole or in partfor the acts or omissions of the
other party, its agents, CSR workers, or employees.
d the other
Neither- party to this agreement shall be requlred to indemnify the other or rd partysol against a party to
harmless°against any claim of any* rt
Including of a probationer reclaim asserted ferred edy a lto a Organization by the
this. agreement, resulting from an act r�r orniss p
department pursuant to tete agreement.
Each party is responsible;for determiraing`the'need for and for procuring any Insurance
that
tli al
may deem necessary in order to protect or Indemnify
Itself from t'he consequences of any i g
liability that it May I.ncur In the performance of this agreement,
9
U
1, a 0 j , . 0
it is undmtood that the employees of.the Denton County CSCD or individuals acting asiRge I rits
of the Denton County csCD are not authorized to receive any type Of persona I PaYme"t,
sation, commission, gratulltY� or gift for services provided under this agreement.
reimbursement, compen has been retained to
a rrants that no employee or agent of the Denton County CSCD
1 he Organization w the organization has not paid or agreed to Pay any employee
solicit or secure this agreement and that ritage, brokerage fee, gift or any Other
of the Denton county CSCD any fee, corrimission, perce n inducement for entering into this
consideration, contingent upon the making of this a0eerrient or as,a
nt. The unauthorized offering or I receipt of such paymentg may resulfln the Immed late
agreeme
termination of this agreement.
This agreement will become affective on thethe organization's
It until cancelled byeithO."Pat I ty pr,,updated by the CSCD - if for
representative and will remain in effec emerrtln,.th!s� Ogrtiej I bont, either party May cancel
any reason either party is dissatisfied With any arrang
this agreement at any jirne with or without written notice to the dt.ber party.
1, the unders1gried, affirm the non -profit or governmental status of the Orga . nizationvrid that 1
am authorized to enter into this agreement.. (Wil)(c)(3) or Tax ID number here:..
gtj of Den)n �Taxjl) ll) 07'5
A -
Me Coe Sm"WAC, 4
:fit—Je 7", 11,
We,
Rhoft Wo
_ liate, supeivilsor
Deriton county CSCD
APPROVED ASTO-FORME
CITY ATTORNEY
CITY OF, DE14TON,
0
By.