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HomeMy WebLinkAbout2017-002 Agrmt - OHRA - Emergency Shelter CITY OF ASHLAND AGREEMENT FOR COORDINATING SUPPLY OF EMERGENCY SHELTER SERVICES BETWEEN CITY OF ASHLAND AND OPTIONS FOR HOMELESS RESIDENTS OF ASHLAND This Agreement by and between THE CITY OF ASHLAND, a municipal corporation (hereinafter "City"), and of OPTIONS FOR HOMELESS RESIDENTS OF ASHLAND ("OHRA"), a 501(c)(3) corporation registered in Oregon, shall be effective as of the 29th of December, 2016. RECITALS A. City and OHRA enter into this Agreement to identify their roles and responsibilities for providing emergency shelter services to vulnerable persons and families at risk who require safety and protection from exposure to extreme weather conditions; and NOW, THERFORE, in consideration for the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. RECITALS. The recital set forth above is true and correct and is incorporated herein by this reference. 2. DURATION. Except for termination as provided herein, the term of this agreement shall be between January 1, 2017 and June 30, 2017. 3. BUDGET LIMITS. The cost to the City shall not exceed $3,850, plus $500 for each declared shelter emergency day in excess of five days. 4. OHRA SERVICES, FUNCTIONS AND RESPONSIBILITIES. OHRA shall use its best efforts to achieve the following objectives during the period of this Agreement: 4.1 During the term of this Agreement, on each day City declares a shelter emergency per Resolution 2013-04, OHRA shall make all arrangements and commitments necessary and sufficient to have paid or volunteer persons at a City-designated shelter site to operate the emergency shelter pursuant to the policies, terms, and conditions set forth in attached Resolutions 2013-04 and 2016-34. Page I of 6 4.2 OHRA will identify an Emergency Shelter coordinator(s), who will be paid for securing workers and providing notice on each shelter emergency day. 4.3 OHRA will maintain a roster of individuals willing to staff emergency shelters. 4.4 When a shelter emergency is declared, OHRA will provide at least two trained shelter workers to staff the Emergency Shelter. 4.5 OHRA ensures emergency shelter workers meet the same requirements as volunteer workers in the Winter Shelter Program described in Resolution 2016-34, including criminal background checks, training on the emergency plan, mental health plan and emergency communications for the shelter, and execution of waivers, in a form reasonably acceptable to the City, releasing City from liability for any personal injuries to them. 4.6 OHRA ensures compliance with the Ashland Municipal Code by paying a living wage, as defined in City Code, to all persons paid to perform work under this Agreement and to any subcontractor paid to perform 50% or more of the service work under this Agreement. (The City-mandated living wage is $14.52 per hour in fiscal year 2017.) OHRA is also required to post the living wage notice predominantly in areas where all of its employees will see it. 4.7 OHRA will bill City for cost of shelter workers and coordinator(s) at actual cost for each day of shelter in excess of the original five days. If there are fewer than five shelter emergency days, OHRA will be allowed to keep the unspent balance of the City's payment obligation pursuant to Section 6 herein, to use for homeless services, consistent with its mission. 5. CITY OBLIGATIONS. The City shall declare a shelter emergency upon forecasted conditions set forth under the City's Resolution 2013-04 and operated in accordance with Resolution 2016-34; 5.1 City will undertake reasonable efforts to provide a building in which the shelter can be held. 5.2 City will pay OHRA $3,850 within ten days of execution of this agreement. In addition, upon receipt of billings from OHRA, City will pay OHRA $500 for each declared shelter emergency day in excess of five days falling within the term of the Agreement. 5.3 The City will ensure that money is budgeted and available to make payments to OHRA as provided in this Agreement. 6. PAYMENT. This agreement involves the payment of money from the City of Ashland to OHRA for emergency shelter services. Page 2 of 6 6.1 All payments made to OHRA under this Agreement should be sent to the following addresss: Options for Homeless Residents of Ashland P.O. Box 1133 Ashland, OR 97520 7. PERSONNEL. No employees will be transferred pursuant to this Agreement. OHRA shall be solely responsible for wages and benefits paid to any employees working for OHRA. 8. REAL OR PERSONAL PROPERTY. There shall be no transfer of title or possession to any real or personal property pursuant to this Agreement. 9. TERMINATION. 9.1 All or part of this Agreement may be terminated by mutual consent by both parties; or by either party at any time, upon thirty (30) days notice in writing and delivered by certified mail. In the event of termination of the Agreement, each party shall be responsible for its own costs and expenses in complying with the Agreement. 9.2 This Agreement may be terminated by either party if the other party commits any material breach of any of the terms or conditions of this Agreement and fails or neglects to correct the same within 10 days after written notice of such breach. If the breach is of such nature that it cannot be completely remedied within the 10-day period, this provision shall be complied with if correction of the breach begins within the 10-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as is practicable. 10. ASSIGNMENT. OHRA shall not assign or transfer any interest in this Agreement without prior written consent of the City, provided, however, that OHRA may subcontract the performance of any provision or obligation required by this Agreement, so long as OHRA remains primarily responsible to the City for the performance of such provision or obligation. 11. INSPECTION RECORDS. 11.1 OHRA shall maintain books, records, documents, and other evidence and accounting procedures and practices sufficient to properly reflect all costs of whatever nature claimed to have been incurred and anticipated in the performance of the Agreement. The City and its duly authorized representatives shall have access to the books Page 3 of 6 documents, papers, and records of OHRA which are directly pertinent to the Agreement for the purpose of making audit, examination, excerpts, and transcripts. Such books and records shall be maintained by OHRA for three years from the date of the completion of work unless a shorter period is authorized in writing. OHRA is responsible for any OHRA audit discrepancies involving deviation from the terms of the Agreement. 12. HOLD HARMLESS AND INDEMNIFICATION. 12.1 The City of Ashland is not providing services but rather purchasing services from OHRA. Accordingly, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, the parties both shall hold each other harmless, defend and indemnify the other from any and all claims, demands, damages or injuries, liability of damage, including injury resulting in death or damage to property, that anyone may have or assert by reasons of any error, act or omission of the other, its officers, employees or agents. Similarly, the City of Ashland shall not be held responsible for any claims, actions, costs, judgments or other damages, directly and proximately caused by the criminal or wanton acts of OHRA its officers, employees, agents, or its volunteers. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 13. INDEPENDENT CONTRACTOR STATUS. OHRA is an independent contractor and neither OHRA nor anyone performing work pursuant to this Agreement and under OHRA's auspices is an employee of the City. OHRA shall have complete responsibility for performance of its obligations under this Agreement. Except as provided for in this Agreement, the City shall not be liable for any obligations incurred by OHRA. OHRA shall not represent to any person that the City is liable for OHRA's obligations; except for such obligations the City may be liable as provided for in this Agreement. 14. INSURANCE. Each party is responsible for its own insurance and coverage relating to claims arising from providing or staffing a shelter. No City coverage is extended to the other parties or volunteers, however the City will maintain existing property coverage of the facility. 15. DISPUTE RESOLUTION. City and OHRA shall attempt to resolve all disputes through staff discussions at the lowest possible level. Both parties to this Agreement agree to provide other resources and personnel to negotiate and find resolution to disputes that cannot be resolved at the staff level. As a next step, claims, disputes or other matters in questions between the parties to this Agreement arising out of or relating to this Page 4 of 6 Agreement, or breach thereof shall be determined by mediation, arbitration, or litigation. Disputes shall be initially submitted to mediation by a mediator chosen by the parties. The cost of mediation shall be borne equally by the parties. If the parties are unable to agree upon a mediator within 5 days or if mediation fails to resolve the dispute and if either party wants to further pursue the dispute, either party may request that the dispute be submitted to arbitration before a single arbitrator agreed to by the parties. If both parties agree to arbitration but are unable to agree upon an arbitrator, each party shall select an arbitrator. The arbitrators so chosen shall select a third, and the decision of a majority of the arbitrators shall be final, binding the parties, and judgment may be entered thereon. Unless the parties mutually agree otherwise, any arbitration proceeding shall be conducted in accordance with the currently in effect Arbitration Rules of the American Arbitration Association pursuant to ORS 190.720. Notwithstanding the above, either party may, at its own discretion, elect to resolve disputes in excess of $50,000 by litigation, if mediation is not successful. 16. NOTICE AND REPRESENTATIVES. All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. CITY of Ashland: City Administrator 20 East Main Ashland, OR 97520 Options for Homeless Residents of Ashland P.O. Box 1133 Ashland, OR 97520 And when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices. bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 17. MERGER. This Agreement constitutes the Entire Agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver or terms of this agreement shall bind either party unless in writing and signed by all parties. Any such amendment, consent or waiver shall be effective only in the specific instance and for the Page 5 of 6 specific purpose given. The parties, by the signatures below or their authorized representatives, acknowledge having read and understood the Agreement and the parties agree to be bound by its terms and conditions. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) duplicate originals, either as individuals, or by their officers thereunto duly authorized. -i~ DATED this G day of L4 C-V-'!tA , 2017. CITY OF ASHLAND AIL 6" By: Jo arns Title: Interim C'ty A ministrator Dated: 6 , 2017. OPTIONS FOR HOMELESS SIDENTS OF ASHLAND By: Sharon Harris Title: President of OHRA Dated: 1 - 52017. AP MOVED ORM A Ashland City Attorney Date Page 6 of 6 RESOLUTION NO. 2013-CH A RESOLUTION SETTING FORTH POLICIES AND CONDITIONS UNDER WHICH ASHLAND WILL PROVIDE EXTREME WEATHER RELATED EMERGENCY SHELTER HOUSING AND REPEALING RESOLUTION NO. 2007-11 RECITALS: A. Ashland is located in an area that has four distinct seasons, and the winter season can have weather extremes that can be hazardous to persons without adequate shelter. B. The City of Ashland desires to set forth the conditions under which it will provide emergency shelter housing and the policies related to those staffing or utilizing such emergency shelter. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Provision of Emergency Shelter. Ashland will provide emergency shelter under the terms and conditions set forth herein during times of extreme weather conditions. For purposes herein, weather conditions shall be considered extreme when outside temperatures are 20° F or below or a combination of weather conditions, in the discretion of the City Administrator, make conditions hazardous to human life without adequate shelter. SECTION 2. Terms and Conditions. 1) In the event of the need for an emergency shelter during extreme weather, an available city- owned building such as the Grove or Pioneer Hall may be used. Previously booked groups in those locations may be subject to cancellation. 2) The shelter will be staffed by volunteers from nonprofit organizations or other organizations in the business of providing for the needs of persons. The city's insurance company requires organizations providing volunteers to provide a letter to the City of Ashland stating that all shelter volunteers have received appropriate training to staff a shelter and have passed criminal background checks. 3) Shelter(s) will open at 8:00 p.m. Doors will be locked at 9:00 p.m. Guests may leave the shelter but not re-enter after 9:00 p.m. Guests arriving at the shelter after 9:00 p.m. will not be admitted unless brought to the shelter by a police officer. Guests must vacate the shelter no later than 8:00 a.m. the following morning. 4) Shelters must have separate restrooms for men and women and separate sleeping spaces for single men, for single women and for families. Children must not be left alone in the shelter, and signage must be conspicuously displayed to remind guests and volunteers of this requirement. Resolution No. 2013- Page 1 of 3 5) The shelter must contain an emergency box with a first aid kit. Shelter volunteers should bring their own cell phones in case of emergency. SECTION 3. Emergency Shelter Activation. Provisions for emergency shelter will be activated as follows: 1) When the City Administrator or designee determines that weather conditions are or are likely to become "extreme," he/she will contact the City's CERT Coordinator. 2) The CERT Coordinator will contact the Parks and Recreation to determine which facility or facilities will be used as an emergency shelter. 3) The CERT Coordinator will contact designated representatives from volunteer organizations to arrange for staff volunteers at the shelter. 4) Volunteers and guests are responsible for following the same cleaning requirements as other groups. SECTION 4. Emergency Shelter Policies. Operation of the emergency shelters shall, to the greatest extent feasible, comply with the following policy guidelines: 1) Shelter services must be provided with dignity, care, and concern for the individuals involved. 2) The buildings used as shelter must be maintained in a safe and sanitary condition at all times and must comply with City, County and State Building, Fire and Health Codes, unless exemptions have been obtained from the appropriate agencies.. 3) In all Shelters, there should be adequate separation of families and singles, and adequate separation of single women. 4) No drugs, alcohol, or weapons will be allowed in shelter property at any time. 5) No disorderly conduct will be tolerated. 6) No threatening or abusive language will be tolerated. 7) No excessive noise will be tolerated, e.g. loud radios etc. 8) Smoking will be restricted to the outdoors in designated areas. 9) Guests should maintain their own areas in an orderly condition and may be assigned other responsibilities or tasks at the shelter. Resolution No. 2013- Page 2 of 3 SECTION 5. Dogs Dogs may be permitted in an emergency shelter under the following circumstances: 1) Shelter volunteers must designate a specific area in the shelter for dogs. The floor of such area must be covered with thick plastic. 2) Dogs must remain in crates while in the shelter. Crates will not be provided, stored, repaired or cleaned by the City of Ashland and must be removed from the shelter when it is vacated. 3) If taken outside for biological needs, dogs must be leashed. 4) Shelter volunteers are to devise and follow procedures to keep dogs away from each other and other guests as they are being housed for the night and as they exit in the morning. 5) Shelter volunteers must be responsible for cleaning and sanitizing any areas soiled by a dog or dogs. Such cleaning is to be done to the satisfaction of City facilities maintenance staff. 6) Dogs that become threatening to others or are otherwise unmanageable will be required to leave the shelter. 7) Shelter volunteers must notify Jackson County Animal Control in the event a dog bite breaks the skin of an emergency shelter guest or volunteer. SECTION 6. Resolution No. 2007-11 is hereby repealed. SECTION 7. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of , 2013, takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of T o n Stromberg, Mayor Rev' wed as to form: g David H. man, City Attorney Resolution No. 2013- Page 3 of 3 S RESOLUTION NO. 2016- u A RESOLUTION AUTHORIZING THE CITY OF ASHLAND TO PROVIDE A CITY BUILDING FOR A WINTER SHELTER THREE NIGHTS PER WEEK THROUGH APRIL, 2017 AND REPEALING RESOLUTION NO. 2016-28 RECITALS: A. Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom (Temple) wish to partner with the City of Ashland to provide shelter for homeless community members at a City building two nights per week from November, 2016, through. April, 2017. B. The First Congregational United Church of Christ (UCC) and the South Mountain Friends Meeting (SMFM) wish to partner with the City of Ashland to provide shelter for homeless community members at a City building one night per week from December 25, 2016, through April, 2017. C. RVUUF, Temple, UCC, and SMFM will provide volunteers to staff, manage and clean the shelter. D. The City is willing to provide a building three nights a week to accommodate this proposal in accordance with the provisions below. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Provision of a Shelter. Ashland will provide a City building for use as a shelter for homeless community members three nights per week under the terms and conditions set forth herein. SECTION 2. Terms and Conditions. a. This building is offered for the period November, 2016, through April, 2017. b. Prior to staffing a City-owned facility, volunteers must sign a waiver releasing the City from liability for any personal injuries to them. c. The shelter will be staffed by volunteers from RVUUF, Temple, UCC, and SMFM who are certified to staff an overnight shelter. RVUUF, Temple, UCC, and SMFM must provide to the Parks and Recreation Department written assurance that every volunteer who will staff the shelter is certified to have completed appropriate training on the emergency plan, mental health plan and emergency communications for the shelter and has passed criminal background checks. d. Each night of operation of the shelter, at least one male volunteer and one female volunteer will staff the shelter from 8:00 p.m. to 8:00 a.m. If volunteers of each gender are not available on a given night, RVUUF or the Temple shall notify the City Administrator by no later than 3 p.m. of the night of the shelter that the volunteers will be of the same gender. If the City Administrator is not available, RVUUF or the Temple shall notify the Director of Ashland Parks and Recreation. If the minimum number or qualified volunteers are not available for the entire time, the shelter will not be opened Resolution No. 2016- -311 Pagel of 3 that night. e. Shelter occupancy will be limited to 42 guests on a first come, first serve basis. f. Shelter will open at approximately 7:30 p.m. and close the following morning at 7:30 a.m. Doors will be locked at 10:00 p.m. with no re-entry for any that leave. g. City insurance requires separate sleeping space be designated for single men, women and families. Buildings must have separate restrooms for men and women. h. Ashland Parks & Recreation will identify the building to be used and provide access. The priority from an operational and safety perspective is Pioneer Hall, the Community Center and the Grove, in that order. i. No showers or food service will be made available during the hours of operation. SECTION 3. Shelter Policies. Operation of the shelter shall, to the greatest extent feasible, comply with the following guidelines: a. Shelter services must be provided with dignity, care, and concern for the individuals involved. b. The buildings used as a shelter will comply with City, County and State Building, Fire and Health Codes, unless exemptions have been obtained from the appropriate agencies, and must be maintained in a safe and sanitary condition at all times. c. Upon entering the shelter facility each night, each guest must sign in, and sign an agreement committing to comply with shelter rules, absolving the City and volunteers of any responsibility for the security of the guest's personal property, releasing the City and volunteers from all claims of liability for property damage or personal injury arising from operation of the shelter or use of the City's building and certifying that he or she is eighteen years of age, or older. d. No cooking. e. No drugs, alcohol, or weapons will be allowed in the shelter property at any time. f. No pets will be allowed in the shelter, except as described in Section 4, below. g. No disorderly conduct will be tolerated. h, No threatening or abusive language will be tolerated. i. No excessive noise will be tolerated, e.g. loud radios, telephone conversations, etc. j. Smoking will be restricted to the outdoors in designated areas. k. All guests should maintain their own areas and belongings in an orderly condition. 1. If a volunteer/staff member accepts any item from a guest for safe keeping at least one other volunteer/staff member will witness the transaction. m. Failure to comply with shelter policies may disqualify a guest(s) from future stays. n. The check-in/check-out process shall be maintained by the volunteers sufficient to ensure a control of the premises and exiting by guests at 7:30 a.m. to allow cleaning and room set-up by 8:00 a.m. SECTION 4. Dogs. Dogs may be permitted in the shelter under the following circumstances: a. If taken outside for biological needs, dogs must be leashed. b. Shelter volunteers are to devise and follow procedures to keep dogs away from each other and other guests as they are being housed for the night and as they exit in the morning. c. Shelter volunteers must be responsible for cleaning and sanitizing any areas soiled by a Resolution No. 2016- 3~ Page 2 of 3 dog or dogs. Such cleaning is to be done to the satisfaction of City facilities maintenance staff. d. Dogs that become threatening to others or are otherwise unmanageable will be required to leave the shelter. e. Shelter volunteers' must notify the Ashland Police Department in the event a dog bite breaks the skin of an emergency shelter guest or volunteer. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this a20 day of. 2016, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this ,;~,o day of , 2016. 1 Stromberg, Mayor Reviewed as to form: d w. David H. an, City Attorney Page 3 of 3 Resolution No. 2016- 3