13-R-61 Guadalupe County Supervision & Corrections DeptRESOLUTION NO. 13-R-bl
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE ESTABLISHMENT OF A
CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SCHERTZ
AND THE GUADALUPE COUNTY SUPERVISION AND CORRECTIONS
DEPARTMENT TO RETAIN/MAINTAIN THE COMMUNITY SERVICE
RESTITUTION PROGRAM ADMINISTERED THROUGH THE PARKS,
RECREATION, AND COMMUNITY SERVICES DEPARTMENT OF THE
CITY OF SCHERTZ, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into a contractual agreement with the Guadalupe County Supervision and Corrections
Department; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the contract to allow the City to continue to participate in the program; and
WHEREAS, the City Council has determined that the Parks, Recreation, and Community
Services Department will continue to administer the Community Service Restitution Program for
the City.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to enter into a
contract with Guadalupe County to allow the continuation of the City's participation in the
Community Service Restitution Program ,
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution far alI purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section b. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its f nal
passage, and it is so resolved.
PASSED AND ADOPTED, this 6th day of August, 2013.
ATTEST:
City Secretary, Brenda ennis
(CITY SEAL)
CITY OF T ERAS
Mayor, Michael R. Carpenter
soso622i.i _ 2 _
25TH JUDICIAL DISTRICT QF TEXAS
GUADALUPE COUN i`Y
COMMUNITY SUPERVISION & CORRECTIONS DEPARTMENT
Si',GUIN OFFICE 209 E. Donegan Seguin, Tx. 78155 (830) 303-0058 379-7270 Fax {830) 379-3843
SCHERTZ OFFICE 1101 Elbel Suite 2 Schertz, Tx. 78154 {210} 945-9708 Fax (210} 566-12$7
CObIlI2UNI'i'Y SERVICE RFSTITU'I~ON PROGRAM
CONTRACTUAL AGREEMENT
This contract is entered into between the Guadalupe County Community Supervision and
Corrections Department (hereinafter referred to as "Department") and
the City of Schertz_ (hereinafter referred to as "Organization"} in order to establish a community
service project pursuant to Vernon's Ann. C.C,P., Art. 42.].2, Section lfi.
I.
The Department agrees to furnish probationers/defendants to the Organization and the
Organization agrees to utilize the labor, skills and effort of probationers/defendants for the
performance of work assignments as described pursuant to Article VI of this agreement which shall
comprise the tasks of the community service projects.
II.
The Organization agrees to provide work assignments that can be completed by
probationers/defendants. The work required in the assignment should not include work that may
pose a danger to the public, such as providing transportation in an automobile or other vehicle,
and work that may endanger the probationer/defendant or work that involves a significant risk of
injury.
III.
The Organization shall pro~Rde, instruct and require the use of appropriate safety equipment
including, but not limited to, safety goggles, back support de~rices, work gloves, etc, to each
probationer/defendant when necessary in performing community service restitution.
N.
The Organization shall make reasonable efforts to allow the probationer/defendant to schedule
his/her community service so that it will not conflict with his/her employment or interfere with
his/her responsibilities to the Department or his/her obligations to the Court.
V.
The Organization will notify the Department of work assignments that are available, provide a
description of the work assignment, the name, and telephone number of the contact person. The
Organization will notify the Depar-hnent of any changes in work assignments, scheduling and
staff/supervisor changes. This will be accomplished by placing a telephone call to a CSR staff
member at (834} 379-7270, or by mailing inforrnation to the Department at 209 l;. Donegan St.,
Seguin, Texas 7$155, ATTN: CSR Program.
VI.
Each and every probationer/defendant referred to the Organization by the Department shall be
required, by a duly constituted Court of the state of Texas, to work a specified number of hours for
an approved community service project as a condition of his/her community supervision; to
discharge a fine by performing community service; or to perform community service in lieu of
confinement in county jail in order to discharge a sentence. Each and every probationer/defendant
is required to perform ten (IO) hours of community service each month.
A contact sheet for each probationer/defendant, specifying the number of hours of community
service and designa[ing the Organization approved by the Court for whom the community service
project shall be conducted, shall be forwarded to the Organization at the time that the
probationer/defendant is referred to the Organization by the Department
VII.
The Organization has .the right to refuse, reject or discontinue the services of any
probationer/defendant referred by the Department at any time. If, having initially accepted a
probationer/defendant for a community service project, the Organization subsequently refuses to
Utilize his services, the Organization shall inforrrz the Department in writing as to the reason for the
Organization's dissatisfaction with the probationer/defendant. The Organization representative will
notify the CSR staff member if the CSR participant is not acceptable.
VIII.
At the request of the Department, the Organization shall monthly fle written reports concerning
the performance of each probationer/defendant for the community service project. The
Organization shall be required to file no more than one report per probationer/defendant per
month.
IX.
The Organization shall have the sole right and responsibility for supervising the day-to-day
performance of each probationer/defendant and the operation of the community service project.
The Department shall have the right to be fully informed concerning the nature of all aspects of
the community service project, the utilization of the probationer/defendant in the project and any
problems or incidents involving aprobationer/defendant with the project, The Department shall
have the right to inspect all community service projects and observe the performance of any and all
probationers/defendants at the project site at all reasonable times and places.
An Organization representative will keep accurate records on the CSR participant's time sheet
The Organization will submit monthly timesheets of hours worked by each participant A record
of work performed for the month will be forwarded to the Department by the first day of the
following month. In addition, the Organization will provide a final report by returning the
completed timesheet and the evaluation form to the Department when the probationer/defendant
completes the CSR hours or when the case is closed out
If, for any reason, there is a concern over the performance or non-performance of the CSR
participant, the Organization will contact the CSR staff as identified.
X.
The Organization will keep all information received, whether verbally, written or through case
records concerning the probationer/defendant's community service restitution and community
supervision in confidence.
XI.
The Organization shall allow probationer/defendant ample breaks, restroom facilities and time for
lunch during the tirrre the probationer/defendant is performing community service restitution.
XII.
The Department 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 authority to incur any obligation or make any representation on
behalf of the other party.
XIII.
The Department shall retain the right to rescind any referral of any probationer/defendant to the
Organization and discontinue the services of any probationer/defendant with the Organization for
any reason and at any time.
XI V.
Any and ail expenses incurred in the furtherance of and performance of this contract shall be
borne by the party that incurred them,
Neither party shall be responsible or liable in whole or in part for the acts or omissions of the
other party, its agents, servants or employees.
Neither party to this agreement shall be required to indemnify the other or hold the other
harmless against any claim of any kind, including any claim asserted by a thud party against a party
to this contract, resulting from an act or omission of a probationer/defendant referred to the
Organization by the Department pursuant to this agreement
Each party is responsible for determining the need for acrd for procuring any insurance that it may
deem necessary in order to protector irrdenurify itself from the consequences of any possible legal
liability that it may incur in the performance of this contract
XV.
It is understood that the errrployees of the Guadalupe County CSCD or individuals acting as agents
of the Guadalupe County CSCD are not authorized to receive any type of personal pa5~rrrent,
reimbursement, compensation, commission, gratuity or gift for services provided under this
agreement. The City of Schertz warrants that no employee or agent of the Guadalupe County
CSCD has been retained to solicit or secure this contract and that the G~ty of Scher[
has not paid or agreed to pay any employee or the Guadalupe County CSCD any Fee, commission,
percentage, brokerage fee, gift or any other consideration, contingent upon the making of this
contract or as an inducement for entering into this agreement. The unauthorized offering or
receipt of such payments may result in the immediate termination of this agreement
XVI.
Zf for any reason either party is dissatisfied with any arrangement in this agreement, this contract
may be cancelled at any time by either party gi~+ing (30) days written notice of intent to terminate
this contract.
I affirm that this Organization is classified as a non-Profit Organization.
City of Schertz
By:
,~o , Kesse ;City Manager
This agreement is made and entered into on the
~~/3
Date
Robert Thomas, Director
day of Augast, 2013.
Guadalupe County
Community Supervision and Corrections Department