HomeMy WebLinkAbout04- Gallatin County Community Corrections Board; Community Service Program - Community Service Placement Agreement
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COMMUNITY SERVICE PROGRAM
COMMUNITY SERVICE PLACEMENT AGREEMENT
Between
COMMUNITY SERVICE PROGRAM:
and
PARTICIPATING AGENCY:
Gallatin County Community Corrections Board
615 South 16th Street. Room 166
Bozeman. MT 59715
406-582-2089
City of Bozeman. ATTN: Human Resources
411 E. Main
Bozeman. Montana 59771
406-582-2346
The Community Service Program was established within the local judicial system to offer
defendants the opportunity to make restitution to society by doing volunteer work. The goals of
this program are to divert selected defendants from jail placement and to assist non-profit and
governmental agencies. The program also provides a means for indigent or dependent offenders
to "pay" the consequences of their offense by working at community service sites.
Community Service work sites are non-profit and governmental agencies. The defendants will
perform important tasks that promote good work habits and develop occupational skills, but will
not displace staff at the work sites.
I. COMMUNITY SERVICE COORDINATOR'S ROLE
A. The Community Service Coordinator shall serve as the contact person with the
participating agency.
B. The Community Service Coordinator will screen the community service workers for their
particular skills and, on the basis of their verbal report, will attempt to refer workers who
have the skills required to the participating agency when such workers become available.
C. The Community Service Coordinator shall contact the work site regarding the
acceptance/rejection of a client, and provide a fonn which will provide a space for
documentation of hours, tentative completion date, number of hours required per week,
special needs of the client if disabled, and their current offense. It must be noted that the
Community Service Program is limited in its' ability to provide information regarding
previous offenses. For this reason, we recommend that the work site Supervisor
personally interview the community service worker prior to accepting them for
placement.
D. The Community Service Coordinator will conduct a monthly audit during the scheduled
work placement by contacting the Work Site Supervisor as well as provide changes in the
tentative completion date of the number of hours required per week. The Coordinator
shall be available for consultation to the Work Site Supervisor between the hours of 10
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am and 4 pm, Monday through Friday, in the event it is necessary to report no-shows or
other problems with the Community Service workers.
E. The Community Service Coordinator shall, at the request of the Work Site Supervisor,
agree to terminate unsatisfactory client placements, place himlher at another work site, or
return the person to the proper judicial authority for action.
F. The Coordinator shall act as a liaison between the work site, the community service
worker and the court referral source to provide required documentation and direction.
G. The Coordinator will assure that all work sites are non-profit or governmental and that
financial gain will not occur or that paid employees will not be displaced as a result of the
community service worker's efforts.
H. The Community Service Program will provide Worker's Compensation Benefits for
offenders. Such workers shall, however, remain under the direct supervision of the
participating agency. and neither the Community Service Program nor Gallatin County
shall be liable or responsible to any other person or concern for any of the worker's
actions or failures to act while under such supervision.
I. The Community Service Program will make certain that all Work Site Supervisors
understand that the Community Service Program and Gallatin County accept no
responsibility, financial or otherwise, for loss, theft, or damage to personal or agency
items or property as a result of participation in the Community Service Program.
II. P ARTICIP ATING AGENCY AND WORK SITE SUPERVISOR
A. The participating agency agrees to provide documentation of its status as a public or
private non-profit agency. (Copy of IRS tax exemption letter.)
B. The participating agency shall designate a specific person (or persons) as the Work Site
Supervisor under the terms and conditions of this agreement. This person shall be
responsible for supervising the work of the community service workers, documen!ing the
hours completed, and serving as the contact person for the Community Service Program.
C. The Work Site Supervisor will not allow the client to begin working until the proper
paperwork has been received from the Community Service Program.
D. The Work Site Supervisor shall arrange a schedule for the worker(s), as well as orient and
train them to the expected work.
E, The Work Site Supervisor shall complete and return all paperwork required by the
Community Service Program. including the referral and evaluation sheet, within two days
of the client's completion ofhislher service obligation.
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F. The Work Site Supervisor shall notify the Community Service Coordinator within 24
hours should the community service worker FAIL TO APPEAR AS SCHEDULED,
PERFORM WORK, or ACT APPROPRIATELY.
In that event, the Work Site Supervisor shall return the worker's form to the Community
Service Program upon request of the Coordinator and will not allow the said client to
return to work at the site unless authorized to do so by the Community Service Program.
G. Nonnally, the Work Site Supervisor shall supervise the community service worker as any
other employee. However, some of the community service workers may require closer
supervision as the non-compliance and no-show rate can be high in the offender
population. Some community service workers may even require their papers be returned
for non-compliance.
H. The Work Site Supervisor agrees to participate, on a monthly basis, in the Community
Service Program audit. This includes, but is not limited to, reporting the client's progress
and the number of hours the client has worked to date to the Coordinator when requested
via a phone call or mail. No documentation of hours is to be given to a worker by the
agency or its representatives.
I. The Work Site Supervisor shall not exercise or permit discrimination against a
community service worker.
J. The participating agency and the Work Site Supervisor agree to release no information
regarding the community service worker to anyone other than the Community Service
Program Coordinator or staff.
K. The Work Site Supervisor agrees to assume responsibility for assigning the clients to
work that is within the individual's capability and in an environment that does not pose a
hazard to the safety or health ofthat person, co-workers, or the public,
L. The Work Site agrees to use community service workers in legal and bonafide activities.
The Work Site shall not use community service workers to promote the passage of
legislation or bond issues, or endorse any political candidates or other campaigrfTelated
activities.
III. LIABILITY / INDEMNIFICATION
A. The Participating Agency waives any and all claims and recourse against the Community
Service Program and Gallatin County, their officers, agents or employees, including the
right of contribution for loss or damage to person or property arising from, growing out
of, or in any way connected with, or incident to the performance of this Agreement
except claims arising from the intentional acts 0 r concurrent or sole negligence of the
Community Service Program and Gallatin County or their officers, agents, or employees.
The Participating Agency will indemnify, hold harmless, and defend the Community
Service Program and Gallatin County and their agents, principals, and employees from
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and against any and all claims, demands, damages, costs, expenses, losses, liability
(including liability where activity is inherently or intrinsically dangerous), judgments,
defense expenses, and attorney's fees rising out of or resulting from any Community
Service Worker's actions (including travel to and from a work site) or the Participating
Agency's wrongful acts, errors, omissions, or negligence, or from the Participating
Agency's failure to comply with the requirements of this Agreement or with all federal,
state and local law applicable to the performance of this Agreement. In the event of an
action filed against the Community Service Program or Gallatin County resulting from
the Participating Agency's performance under this Agreement, the Community Service
Program or Gallatin County may elect to represent itself and incur all costs and expenses
of suit.
These obligations shall survive termination of the Agreement.
B. The Parties to this agreement acknowledge that the Participating Agency is insured by the
Montana Municipal Insurance Authority, an agency which insures municipalities only
and therefore cannot name the Community Service Program or Gallatin County as
additional insureds on its policy. However, the Participating Agency shall carry
comprehensive general liability insurance in commercially reasonable amounts and
provide the Program and Gallatin County with copies of the maximum policy limits
within five (5) days of executing this Agreement.
C. The Community Service Program will provide Worker's Compensation coverage for the
participants. Compensation benefits will be limited to medical expenses and an
impairment award. See MCA 39-71-117 and 118.
IV. AMENDMENT: This agreement may be amended or modified by the mutual written
consent of the parties to the agreement.
V. TERMINATION: This agreement maybe terminated by either party upon giving ten (10)
days written notice to the other party.
DATED this _ day of
2004.
COMMUNITY SERVICE COORDINATOR
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Theresa Flanagan ~
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ATTEST:
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Robin Sullivan
Clerk of the City Commission
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MEMORANDUM
OF
LIABILITY COVERAGE
MEMORANDUM tL::OOO7..()1
DECLARATIONS
ENTlYY,COVERED:
ADDRESS:
COVERAGE PERIOD: FROM:
eSTIMATED DEPOSIT PREMIUM:
OEDUCTIBlE:
Cily of Bozeman. Montana
PO Box 1230
Bozeman. Montana 59771..1230
JJJJ.-1.2OO3 TO: JUl1. 20Q4__12:0tA.~t
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111.~5Q PER OCCURRENCe
MAXIMUM POUCY LIMIT:
<a) $750.000 for each claim and S1,5 milHonforeach occurrence thatadlesordedves from
injury to or death of a person or persons. or del'rlagetoproperty oh. pef'$Onor~nl.
~lelsof the rwmberofperaonaor enlitiesolaiming damages thereby.
(b) Fortheperiodfro,m July 1.2003 I1rough December 31. 2003 the Liabiiity.PrcgfSrn
purohased '8inSiJrencecoverage with limits Qf $10 millOnperoccurrenClPlfmlmber
above the limits in <a) above for Damagescauled.byM,Qc(:umenoe ai.,dErfiMd',by the
MMIA Memot.ndum of Liability Coveragelhet areogLsubject tolhllimilltions on
gt)\ternmentaJ liability for damages in tort under Montana law See. 2-9-108. MCA,
· Reinsurance cove provides limit of $10 mllon Per Occurrence perrnemb.r
with Annual onIyforPrcduCWCOrnpleted OperatiOnlandPublc
Officials Errors and Omissions separately. Aggregate eppUelb lach metlberof
eaohpool.
· Completer'insuranceterms and conditions a.. contained indocumenr.tk.m
retained at the MMIA office. A. copy of which is IVailabhlupcntterequeat of.
member. ,Reinsurancecoveraoe lvalablity. terms and conditions are subject to
cha,ngeafterDecember 31,2003,
Endors.ements Attached:
OATE-1YI~ 1.2003
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