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HomeMy WebLinkAboutWinnebago County Juvenile Restitution Programt 13101 AGREEMENT I BETWEEN THE CITY OF OSHKOSH AND WINNEBAGO COUNTY WINNEBAGO COUNTY JUVENILE RESTITUTION PROGRAM Winnebago County and the City of Oshkosh are entering into this Agreement for the purpose of allowing the County, through its Department of Human Services, to coordinate, explain, and supervise the performance of tasks on and within City property by individuals participating in the County's Juvenile Restitution Program. The participants will perform the limited tasks made available by the City that will allow them to complete their Restitution requirements. The City agrees to allow the County and the participants in the Juvenile Restitution Program to perform the allowed tasks provided all of the terms of this Agreement are met. Both parties agree that there is sufficient consideration and mutual benefit to each party based on the terms described in this Agreement. THE COUNTY AGREES: 1. Work with City personnel, through the Parks Department or other Departments, to identify and schedule tasks on, in, or for City property that are consistent with the skill levels and physical capabilities of the Restitution Program participants as well as the service requirements of the Juvenile Restitution Program. 2. Follow the City's instructions, guidelines, parameters, and precautions for the Restitution Program tasks, whether provided before the tasks have begun or during the performance of the tasks. 3. Explain, train, assist, supervise, and take responsibility for the Restitution Program participants while they are on City property for purposes related to the Restitution Program. The County is not responsible for the Restitution Program participants' actions at times other than those related to the Restitution Program tasks. The City is not responsible for directly explaining, training, assisting, supervising, or taking responsibility for the Restitution Program participants. 4. Promptly notify the City of any injury experienced by any Restitution Program participant, or of any injury to any personal or real property of the City or any participant or member of the public. The County must also promptly notify the City of any negative incident occurring between a participant and a member of the public. 5. Make sure that a parent, guardian, or authorized person signs any release, waiver, and/or acknowledgement of non -employment for each Restitution Program participant that may be provided by the City before that participant begins any Restitution Program task. The County shall provide copies of the signed release, waiver, and/or acknowledge of non -employment upon the City's request. 1 May 23, 2017 6. Hold the City harmless from any material damage caused by the negligent•or willful acts of any Restitution Program participant and to indemnify the City of any such material damage experienced by the City. THE CITY AGREES: 7. Work with County personnel, through the Department of Human Services, to identify and schedule tasks on, in, or for City property that are expected to be consistent with types of activities the Restitution Program participants are capable of performing while complying with the service requirements of the Juvenile Restitution Program. 8. Provide County personnel with sufficient descriptions, training, and information that will allow the County personnel to thereafter provide the Restitution Program participants with the instructions, guidelines, parameters, and precautions necessary to complete the tasks in a safe manner. The City is not responsible for directly explaining, training, assisting, supervising, or taking responsibility for the Restitution Program participants. 9. Make sure that a City employee is available as a contact person to the Juvenile Court Restitution Coordinator to answer any questions and provide assistance should the need arise. 10. Comply with all reasonable requests from the County to provide statements, descriptions, or verifications related to the Restitution Program participants, as well as all requests required by a Court or state agency. THE COUNTY AND THE FACILITY TOINTLY AGREE: 11. There shall be no discrimination against the Restitution Program participants on the basis of the their race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status, or any other federal or state protected class 12. The County will indemnify its employees, officers, and agents against liability for damages related to their participation in the Juvenile Restitution Program arising out of their actions provided they are within the scope of their employment or agency. 13. The City will indemnify its employees, officers and agents against liability for damages related to their connection to the Juvenile Restitution Program arising out of their actions provided they are within the scope of their employment or agency. 14. Neither the County nor the City waives any constitutional, statutory or common law defenses, nor shall the provisions of Agreement create any rights in any third party. May 23, 2017 15. This agreement shall be construed and governed by the laws of the State of Wisconsin, and the location of any dispute resolution shall be Winnebago County, Wisconsin. In the event that any term of this agreement is determined to be void or unenforceable by any court of competent jurisdiction, the void or unenforceable term shall be severed from this Agreement and the remaining terms shall remain part of this Agreement. 16. The Restitution Program participants are not considered to be employees of either the City or the County for any purpose, including but not limited to, tax or employment law. Both the City and County agree that they will take no actions that assert or imply that the Restitution Program participants are employees of their respective entities, or employees or agents of the other party. 17. Both the City and the County are public entities that are subject to Wisconsin's open records laws. Both parties agree to cooperate with the other so that the party subject to an open records requests can fully comply with the open records laws. By agreeing to this paragraph, neither party is agreeing in advance that any particular record they retain related to this Restitution Program is a public record. Similarly, to the extent a retained record may be a public record, neither party is agreeing in advance that the record is subject to release, either in whole or in part. TERM: 18. This Agreement shall be effective for one year, beginning June 1, 2017 and ending without further notice or action on May 31, 2018. Any extension of time will require that the parties enter into a new written Agreement. This Agreement may be terminated by either party at any time for any reason provided the terminating party provides at least a 30 day written notice. Date: 3 s FOR THE COUNTY BY: Mark Harris, County Executive By:14 2 Sue Ertmer, County Clerk May 23, 2017 Date: � �- FOR THE CITY: By: 7 Mark Rohloff, City Manager By: Pamela Ubrig, City Clerk 1 . • PARTICIPATION / RELEASE AGREEMENT Winnebago County Juvenile Restitution Program - City of Oshkosh Activities Participant Name: Participant Date of Birth: Because of certain responsibilities and requirements I am participating in the Winnebago County Juvenile Restitution Program. The Program will give me assignments for the City of Oshkosh. Before I can perform these assignments at the City of Oshkosh, I understand that I must agree to the following. I specifically agree to these terms: 1. I agree that I am not an employee of the City of Oshkosh. My participation in the Juvenile Restitution Program assignments at the City is not in exchange for any consideration (e.g., pay, benefits, or promise of future employment). I have not been promised any pay or value from the City nor do I expect to receive any pay or anything of value from the City. 2. I agree that Juvenile Restitution Program assignments at the City will be under the supervision of the County Program Coordinator and will not be under the supervision of the City. 3. I agree that if the assignment at the City changes or ends, or if I don't act appropriately during the Restitution Program assignment, the City may end my assignment immediately and without further notice. I agree that the City has the sole right to make this determination. 4. I agree that during Restitution Program assignments for the City, I will not be entitled to any employee benefits. I understand that City will not provide me with accident or medical insurance, and is therefore not responsible for any accident or medical expenses that I incur in the course of the Restitution Program assignment. I also understand that I am not covered by the City's workers' compensation laws in connection with my Restitution Program assignment. 5. I agree that my participation in the Restitution Program assignment for the City may involve certain risks. I voluntarily accept these risks. I release and hold harmless the City of Oshkosh, and its officers, council members, agents and employees, from all losses, damages, costs, and expenses, claims, demands, rights and causes of action resulting from any personal injury, death, or damage to property arising out of my Restitution Program assignment at the City. I agree that any damages or injuries to me caused by other people involved in the Restitution Program or the public are my personal or family responsibility. I also agree that any damages to other Restitution Program participants or the public that are caused by me will be my personal responsibility. 1 6. I agree to abide by all applicable rules and regulations of City and any of the , departments where I engage Restitution Program assignments. I agree to all of the terms above. Participant's Printed Name, Date Parent/Guardian/Authorized Person: Signature Printed Name: Address: Phone( ) Relationship to Participant 2