Sec. 33.103. - Agreements for volunteer workers authorized.

The Employee Services Department is authorized to enter into, and the Director of the Employee Services Department, or his or her designee, is authorized to execute and deliver, on behalf of the City, a volunteer services agreement between the City and a public or private agency ("Agency") desiring to provide volunteer workers to the City, provided that the volunteer services agreement has been reviewed and approved by the Office of General Counsel, and provided further that the terms and conditions of such volunteer services agreement provide, at a minimum, that: (a) The term of the agreement shall be of no more than three years' duration; (b) The volunteer worker recommended by the Agency is not presently employed by the City; (c) To the extent compensation to the volunteer worker is contemplated from sources other than the City, such compensation will be paid by the Agency, and the City will have no obligation to provide compensation of any kind to the volunteer worker, with the exception of workers' compensation insurance coverage; (d) The volunteer worker shall be under the supervision and control of the City, which shall direct the day-to-day work assignments of the volunteer worker and the means by which such work assignments shall be accomplished; (e) The volunteer worker may not perform work for the City for more than eight hours a day or 40 hours a week; (f) The volunteer worker shall be subject to the City's Volunteer Background Screening procedure; (g) The City may terminate the agreement and dismiss the volunteer worker at any time with or without cause; (h) The Agency will agree to hold harmless, indemnify and defend the City, including, without limitation, its officers, representatives, agents and employees, from any and all claims, demands, actions, losses, damages and liabilities, including reasonable attorney's fees, arising directly or indirectly out of any reckless, intentional, or negligent acts or omissions of the volunteer worker performed in connection with the agreement, and to have in effect insurance coverage which adequately underwrites this promise of indemnity and which names the City as an additional insured; (i) The City's remedies against the Agency or volunteer worker for damages, and the form of action, are not limited, except as otherwise provided by law; (j) The City is not required to indemnify or limit the liability of the Agency or volunteer worker, except as otherwise required by law; (k) The agreement will be governed by and construed in accordance with the laws of the State of Florida and venue for litigation of the agreement shall be in courts of competent jurisdiction in Jacksonville, Duval County, Florida; (l) The Agency shall not discriminate against any person on the basis of race, creed, color, sex, religion, national origin, age, marital status or disability in its selection and provision of volunteer workers; and (m) The Agency shall at all times comply with laws, ordinances, requirements, orders, directions, rules or regulations of any federal, state or local governmental authority. (n) All agreements with outside Agencies as described in subsection (a) shall be approved by the Director of the Employee Services Department; however, nothing contained herein shall prohibit a director of a department of the City from otherwise accepting volunteer services from individuals upon the approval of the Department. (Ord. 2011-732-E, § 24; Ord. 2014-148-E, § 1)