HomeMy WebLinkAboutR-84-0820J-84-711
RESOLUTION NO. 84�82'
A RESOLUTION AUTIIORT7TNG TIIE CITY
MANAGER TO EXECUTE AN AGREEMENT IN
SUBSTANTTALLY THE SAPIiE FORM AS THE
ATTACHED AGREEMENT WI:TII COMr-4UNITY
SERVICES OF DALE COUNTY, INC. TO
PLACE INDIVIDUALS, ASSIGNED PUBLIC
SERVICE DUTY BY THE COURTS, WITH
CITY OF MIAMI DEPARTMENTS AND AGEN-
CIES SUCH AS THE OFFICE OF STADIUMS.
WHEREAS, Community Services of Dade County, Inc. desires to
place individuals who have been assigned public service duty with
City departments and agencies such as the Office of Stadiums; and
WHEREAS, the services provided by the participants benefit
the City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIPA:
Section 1. The City Manager is hereby authorized to enter
into an agreement with Community Services of Dade County, Inc.,
in substantially the same form as the attached agreement for the
purpose of placing individuals, assigned public service duty by
the courts, with City of Miami departments and agencies such as
the Office of Stadiums.
PASSED AND ADOPTED this 30th day of July , 1984.
ATTEST:
ALPIJ/,E. O GIE, CITY CLE
AFL
AND APPROVED BY:
ROBERT F. CLA.RK, DEPUTY C1'PY ATTORNEY
APPROVED AS TO FOR11 AND CORRECTNESS:
ti
.ir
E R. GARCIA-PEDROSA, CITY ATTORNEY
Maurice A. Ferre
MAURICE A. FERRE
M A Y O R
CITY COMMISSIOhi
MEETIPM, OF
JUL 30 1984
RESULUI W.s
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11
AGREEMENT BETWEEN
CITY OF MIAMI , FLORIDA
AND
COMMUNITY SERVICES OF DADE COUNTY, INC.
THIS AGREEMENT made and entered into this day of
, 1984, by and between the CITY OF MIAMI, a
Municipal Corporation of the State of Florida, hereafter referred
to as the "CITY" and. COMMUNITY SERVICES OF DADE COUNTY, INC., a
Florida non-profit corporation with its principal- office at
3600 West Flagler Street, Miami, Florida 331_26, telephone: (305)
446-0994, hereinafter referred to as "Community Services"
WHEREAS, COMMUNITY SERVICES places individuals ordered by
the judges of the Eleventh Judicial Circuit Court to participate
in public services of a community work project, and
WHEREAS, the CITY desires to utilize community service op-
portunities for individuals sentenced by the Court to participate
in various work projects, on the terms and conditions set forth
below:
NOW THEREFORE, in consideration of the mutual covenants
expressed herein, the parties hereto agree as follows:
THE CITY HEREBY COVENANTS AND AGREES:
1. CITY agrees to designate community service work opportu-
nities within its various departments and agencies, upon
approval of Community Services.
2. City departments and agencies under the supervision of
the City Manager shall obtain written authorization from
the City Manager before participation in the program.
3. The CITY will indemnify and save harmless COMMUNITY
SERVICES from all liability, loss, cost, expense includ-
ing attorneys fees which may be sustained by COMMUNITY
SERVICES by reason of the death or injury to any person
or damage to any property arising out of., or in connec-
tion with service provided, and subject to the limitations
of Florida Statutes 768.28. Any claim arming out of
such services are to be referred to the Risk 111anagement
Division, Finance Department of the. City of tIiami..
4. The CITY wi1.1_ provide limited accident insurance for par-
ticipants. The amount of such benefits shall be limited
to $10,000 for accidental death and dismemberment and
$1,000 for medical expenses. The medical expense benefit
_ will be subject to at least a $50 deductible to be borne
by the participant.
84-820
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5. CITY will provide a detailed job description of each
participant desired and will provide necessary working
materials.
6. CITY will provide a safe work environment.
7. CITY will not rcqui.re pai-ti.ci.pant_ to perform any duties
that may be demeaning in nature o.r. that cannot be or are
not performed by a reexul_ai employee of the City.
8. CITY will provide supervi-sion of work. of participants at
all times.
9. CITY will notify and document COMMUNITY SERVICES immedi-
ately of any participant who fails to show for work or
is tardy to report.
10. CITY will notify and document for COMMUNITY SERVICES any
violation of Court -approved rules and regulations for par-
ticipants.
11. CITY will keep regulation records, as recommended by
COMMUNITY SERVICES.
COMMUNITY SERVICES HEREBY COVENANTS AND AGREES:
12. COMMUNITY SERVICES will provide placement for the CITY
for individuals assigned to this program.
13. COMMUNITY SERVICES will perform necessary administrative
reporting functions required by the State and Courts,
based upon proper documentation, monitoring, supervision
and reporting by the CITY.
14. COMMUNITY SERVICES will provide participants whenever pos-
sible to the CITY. CITY shall have the sole right to
review and to refuse acceptance of individual participants.
15. COMMUNITY SERVICES will notify CITY of any changes of par-
ticipants to report to that agency.
16. COMMUNITY SERVICES will provide programmatic intake asses-
sment and counseling to all participants in program to
assure CITY participants are placed subject to CITY job
descriptions as best as can be determined in the intake
and referral process. It is expressly understood that
COMMUNITY SERVICES assumes no liability or responsability
for any persons, performance, or conduct of any persons
referred to the CITY. COMMUNITY SERVICES will provide
orientation and training to CITY department employees who
will supervise program participants.
17. COMMUNITY SERVICES agrees to abide, throughout the term
of this Agreement by Section 40-105 of City Code of the
City of MialTli, applicable to non-discrimination in employ-
ment. COMMUNITY SERVICES further agrees to abide by and
be governed by Titles VI anci VII, Civil Rights Act of: 1964,
42 U.S.C. g200 (d), (e), as amended, which requires in
part that there be no di scrin-linati on or, account of race,
color, sex, religious background, ancestry, or national
origin, in performance, of this 1�greeme nt , ill reg�jrd to
served, or in regard to employment. CCb,t•7UNITY SERVICES
further agrees throughout the tern, of this 1greement to
abide by and be, governed by the Age. Discrimination in
Employment Act of 1.967, 29 U.S.C. §621-634, which provide
in part that there shall be no discrimination; against
persons ages 40-65 in any area of employment because of
age.
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18. COMMUNITY SERVICES shall obtain a signed and witnessed or
notarized general release from all participants placed with the
City that should they be iri jured i.n the performance of work on
behalf of the City, that the only benefit: they may expect to
receive from the City i s the l i ii_t:ed accident insurance bpnef.it
provided for: i_n i'a.r�agr i- ph 4 0; t;t�i Agar eemen.t.. Such general.
release shall be delivered to the City prior to thn participants
commencement of any F-,oi:v.i ces 11nder this Agr.-erment.
19. COMMUNITY SERVICES agrees to abi-de and be governed throughout
the term of this Agreement by the CITY OF MIAMT Code governing
Conflict of Interest, which is incorporate herein by reference
as if fully set forth herein.
20. COMMUNITY SERVICES further agrees that, in the performance of
this Agreement, no person having any personal financial interest,
direct or indirect, shall be employed by it under_ this Agreement.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE:
21. Only those persons sentenced to perform community service pursuant
to Chapter 316.193 F.S. (1982 Supp.) will be accepted to perform
services for the City of Miami.
22. No person under the employ of CITY, who exercises any function or
responsibilities in connection with this Agreement, has at the
time this Agreement is entered into, or shall have during the term
of this Agreement any personal financial_ interest, direct or
indirect, in this Agreement.
23. This Agreement may be terminated without cause by either party
with sixty (60) days' prior written notice to the other party
of such intent to terminate.
If either party to this contract shall fail to fulfill in timely
and proper manner its obligation under this Agreement, or shall
violate any of the covenants, agreement of the parties, the term
of this Agreement may be extended for an additional one year
period on the same terms and conditions contained herein.
WITNESS HEREOF, the parties have cause this Agreement to be executed
their behalf on the date herein above set forth.
Attest:
City Clerk
Attest:
Secty (or Ass't Secty)
APPROVED AS TO INSURANCE:
Insurance Manager
CITY OF MIAMI, FLORIDA
BY
Howard V. Gary
City Manager
BY
President (or V.P.)
APPROVED AS FORM AND CORRECTNESS:
3 —
City Attorney
GENERAL RELEASE
I, , hereby agree that, should I be
injured in anyway while providing services for the City of Miami,
in connection with a Court Ordered Public Service or Community
Work Project, the nniy henefit that I may expect to ter_^ive from
the City of Miami shall be limited to any recovery t,)eid by the
accident insurance purchased by the City on hehalf of all
participants and which provides the fnIlowinq coverage: Up to
$10,000 for accidental death and dismemberment and $1,000 for
medical expenses: The medical expense benefit will be subject to
at least a $50 deductible to be borne by the participant.
Signature
tint name of participant
WITNESSES:
Sworn to and subscribed
before me this day
of , 19
Notary ubl is St at e o
Florida at Large
My commission expires:
AV/wpc/ga/426
84--820
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CITY OF MIAMI. FLORIOA
INTER -OFFICE MEMORANDUM
(1) 5
-o: Howard V. Gary DATE: July 6, 1984
City Manager M£
/ SUBJECT: Resolution Authorizing the
�r City Manager to Execute
-
%�,� Agreement with Community
--77" Services of Dade County, Inc.
FROM: Walter E. Golby ;i REFERENCES:
Stadiums Administrator
1) Copy of draft Resolution
ENCLOSURES: 2 ) Agreement with Community
The Office of Stadiums recommends the
adoption of a resolution authorizing
the City Manager to enter into an
agreement with Community Services of
Dade County, Inc. for the purpose of
placing individuals, assigned public
service duty by the courts, with City
departments and agencies such as the
Office of Stadiums.
The Office of Stadiums has used volunteer participants placed
by Community Services of Dade County, Inc. (Community Services)
to perform various cleaning, event preparation, clerical and
grounds maintenance jobs at the City's stadiums. The services
had to be suspended until a formal agreement indemnifying
Community Services could be prepared. The attached agreement
provides for Community Services to place individuals ordered
by the court to participate in public services of community
work projects. The City will supervise the participants and
will indemnify Community Services for all liability, loss, cost
and expense including attorneys fees which may be sustained by
Community Services by reason of death or injury or property
damage in connection with the public services provided by the
participants. By Fiorida Statutes, the City does not have to
provide Workmen's Compensaticr, coverage to the participants.
The services performed by Community Services tarti.cipants are
needed by the Office of Stadiums. In the first quarter of
Fiscal Year 1983-84 a total of 8,558 hours were served at the
City's stadiums. The City has to pay only a minimal $5.00
administrative fee to Community Services for each participant
84--82CI
Howard V. Gary
Page 2 of 2
July 6, 1984
who typically is given 50 hours of public service work. During
the month of June 1984 the Office of Stadiums spent over $7,000
for contractural custodial services, most of which could have
been handled by public service participants. As an ancillary
benefit, our stadiums assistants and grounds maintenance crew
receive an opportunity to gain supervisory experience.
WEG:em
84 -820