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HomeMy WebLinkAboutPR 21898: AGREEMENT WITH THE JEFFERSON COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT ,„,,,,,,;,.. ,_,, .._. (i r (AiCity 4 , , s, nrt rtltu �7,,,us www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 12, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Timothy Duriso, Chief of Polices 'sYP RE: PR 21898: Cooperative Agreement with the Jefferson County Community Supervision and Corrections Department Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to enter into a cooperative agreement between the City of Port Arthur and the Jefferson County Community Supervision and Corrections Department. Background: The Jefferson County Community Supervision and Corrections Department 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 by coordinating the performance of community service by offenders to the mutual benefit of the Courts, community agencies and offenders Budget Impact: None Recommendation: It is recommended that the City Council approve the City Manager to enter into a cooperative agreement between the City of Port Arthur and the Jefferson County Community Supervision and Corrections Department. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No. 21898 4/12/21 JH RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT FOR COMMUNITY SERVICE WITH THE COMMUNITY SERVICE PROGRAM OF JEFFERSON COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT. WHEREAS, the Jefferson County Community Supervision and Corrections Department wishes to formalize a working relationship with the City of Port Arthur to provide community services; and WHEREAS, the Community Service Program serves as a broker between the Courts of Jefferson County, 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; and WHEREAS, Jefferson County has a program whereby they can provide the City of Port Arthur community service to assist the Court in the administration of justice by coordinating the performance of community service by offenders to the mutual benefit of the Courts, community agencies and offenders; and WHEREAS, the City Manager desires to enter into such a cooperative agreement between the City of Port Arthur and the Jefferson County Community Supervision and Corrections Department as attached as Exhibit "A". NOW THEREFORE, BE IT RESOLVED 3Y THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1 . That the facts and opinions in the preamble are true and correct. Section 2 . That the City Council hereby authorizes the City Manager to execute the Jefferson County Community Supervision and Corrections Department Cooperative Agreement with the City of Port Arthur, in substantially the same form as attached hereto as Exhibit "A". P.R. No. 21898 4/12/21 JH Section 3. That a copy of the caption of this resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of May, A. D. , 2021, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES: Mayor: Councilmembers : • NOES: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS FORM: al Tizeno City Attorne APPROVED FOR ADMINISTRATION: Ronald Burton City Manager P.R. No. 21898 4/12/21 JH EXHIBIT "A" Jefferson County Community Supervision and Corrections Department CSR Cooperative Agreement The following is a cooperative agreement relating to the Jefferson County CSCD's Community Service Program and F 'ng1-. AR.Tt4UR 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 by coordinating the performance of community service by offenders to the mutual benefit of the Courts, community agencies and offenders. The services of each party should complement each other asto provide a mechanism forthe 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, 4t Ciri C'F ?C 1 A"4" 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 forthe 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. 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 Responsibilities: 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 1 WO specific staff personnel(CONTACT PERSONS)on the Agency Record through whom all referrals will be made. 3. Keep 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 workerjob 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 orsupplies 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 perform any tasks which pose any obvious dangerto the probationer. 10. Not allow probationers to drive CSR agency 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 forthe 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 probationerand immediately notify the program if a Probationer; a. Appears to be under the influence of alcohol or non-prescribed 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 to perform community service. All efforts will be made to screen probationers to be placed,to alleviate any dangerto 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. 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. Director-Jefferson County CSCD Date Supervisor Date CSR Agency Representative Date Approved in accordance with Texas Code of Criminal Procedure,Article 42A.304.