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HomeMy WebLinkAbout2017-217-Agreement - Addictions Recovery Center AGREEMENT BETWEEN ADDICTIONS RECOVERY CENTER AND THE CITY OF ASHLAND This is an agreement entered into by the City of Ashland (Ashland) and Addictions Recovery Center (ARC). This agreement shall be effective July 1, 2017 and expire June 30, 2018. A. STATUTORY AUTHORITY 1. In accordance with and pursuant to the provisions of Oregon Revised Statutes, the Addictions Recovery Center (ARC) is authorized to enter into a written agreement with any unit of local government for the performance of functions described under Oregon Revised Statutes related to operating a sobering unit. 2. As a result of this agreement, any unit of local government, consolidated department, intergovernmental entity or administrative officers designated herein to perform specified functions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law' in each separate party to the agreement, its officers and agencies. 3. The ARC maintains a registered sobering center as defined under ORS 430.262, and is eligible to receive persons taken into protective custody by members of the Ashland Police Department (APD) pursuant to ORS 430.399 B. BACKGROUND The ARC maintains a sobering unit at 338 N. Front Street, Medford, Oregon. Ashland has requested to use said sobering unit services. ARC is willing to offer use of the services on the terms set forth herein. C. COOPERATION AND SERVICES TO BE PERFORMED 1. ARC will continue to either operate or subcontract for the operations of the sobering unit at the site indicated twenty-four hours a day, seven days a week for the period July 1, 2017 through June 30, 2018. 2. Ashland shall pay ARC $11,000 total for the period July 1, 2017 - June 30, 2018 to use ARC's sobering unit services. Payment is a lump sum amount; it is not a per capita rate. Payment in full shall be due no later than September 30, 2017. Upon Ashland's request, ARC shall submit an invoice to tender payment in the amount requested. AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 1 3. Ashland, through its police department, shall transport individuals in its custody to the sobering unit site. ARC will hold such individuals and release them according to standard protocol. 4. Subject to ORS ORS 192.410 to 192.505, Inspection of Public Records, Ashland shall comply with all applicable confidentiality laws, including but not limited to ORS 179.505, Health Insurance Portability and Accounting Act and 42 USC 290dd-2. 5. The ARC shall provide APD with a quarterly report detailing APD's use of the facility as it relates to overall usage of the facility. D. GENERAL TERMS 1. INDEPENDENT CONTRACTOR STATUS: ARC is an independent contractor and not an employee of Ashland. ARC shall have the complete responsibility for the performance of its part of this contract. ARC shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. ARC is a subject employer that will comply with ORS 656.017. 2. INDEMNIFICATION. Both ARC and ASHLAND, in accordance with and as limited by ORS 30.260 to 30.300 (Oregon Tort Claims Act) and the Oregon Constitution Section XI(9) as applied to the City of Ashland, agree to indemnify, defend and hold harmless the other and its officers, agents and employees against all liability, loss and costs arising from actions, suits, claims or demands attributable in whole or in part to negligent, misconduct, or unlawful acts or omissions of the wrongful party in performance of this Contract. If the loss or claim is caused by the joint concurrent negligence or other fault of ARC and ASHLAND, the loss or claim shall be borne by each in proportion to the degree of negligence or other fault attributable to each. ARC's and ASHLAND's obligations under this paragraph shall survive the termination of this contract. 3. TRANSFER OF RESPONSIBILITIES. ARC shall not assign this contract or subcontract any portion of the work without the written consent of Ashland. Any attempted assignment or subcontract without written consent of Ashland shall be void. ARC shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by Ashland of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and Ashland. 4. TERMINATION 4.1. Mutual Consent. This agreement may be terminated at any time by mutual consent of both parties. 4.2. For Cause. ARC may terminate or modify this agreement in whole or in part, effective upon delivery of written notice to Ashland or at such later date as may be AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 2 established by ARC if ARC funding from federal, state, or other sources is not obtained or continued at current levels of services. 4.3. For Default of Breach. Either ARC or Ashland may terminate this contract in the event of a breach of the agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 5. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 6. CONSTRUCTION MODIFICATION. This agreement may not be amended, changed or modified in any way, except by written agreement signed by all parties. This agreement constitutes the entire agreement between the parties and supersedes any and all prior oral or written express and/or implied statements, negotiations or memoranda of understanding between parties, except as otherwise noted herein. This agreement shall become effective only upon the signature of all parties. Each person signing this agreement represents and warrants she or he has the authority to execute it. CITY OF ASHLAND BY: 6'~ Title: N I ~iQ kn C c T Y j40 M (N 1.'744 76K° le: Date: 7-,?, 6 - (7 Date: p ved as to form: Approved as to for Ash a d City Attorney ARC Counsel AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 3 ~ r Council Business Meeting July 18,2017 Title: Agreement with Addictions Recovery Center for Sobering Services From: Tighe O'Meara Police Chief Tighe. omeara@ashland.or. us Summary: Staff is seeking Council approval of an agreement between the Ashland Police Department (APD) and Addictions Recovery Center (ARD) to provide sobering services. Actions, Options, or Potential Motions: I move that Council approve an agreement with ARD titled "Agreement Between Addictions Recovery Center and the City of Ashland." Staff Recommendation: Staff recommends that Council authorize the execution of the agreement. Resource Requirements: This agreement will cost $11,000 in FYI 8. $5,300 of this was budgeted for and the remaining $5,700 will be absorbed in the department's budget. Policies, Plans and Goals Supported: 23. Support innovative programs that protect the community. Background and Additional Information: For several years the APD has contracted with ARC to provide sobering services for members of the Ashland community. Sobering services refer to providing a safe, non-criminal facility at which a person can overcome the effects of intoxication. Oregon Revised Statues provide police officers with the authority to take someone into protective custody and lodge them at such a facility if they are found to be too intoxicated to care for themselves. While ARC has long provided APD with such services, the financial support has previously flowed through Jackson County, acting as ARC's fiduciary agent. Jackson County has expressed an interest in backing away from this role, requiring us to enter into this agreement with ARC, in place of the intergovernmental agreement we had with Jackson County. In reviewing the various agreements, ARC also realized that while APD had been contributing approximately six percent of the work load for ARC, APD was only paying one percent of ARC's operating budget. In order to bring APD's contributions better in line with its use, ARC has raised our user cost to $11,000, with an expected rise in FY 2019 to $22,000 and in FY 20 to $33,000, a level that represents APD's current use of the facility. Attachments: Agreement between the City of Ashland and Addictions Recovery Center Page 1 of 1 CITY OF -ASHLAND Purchase Order Fiscal Year 2018 Page: 1 of: 1 THIS -P0 -NUMBER MUST APPEAR ON ALL INVOICES, AND SHIPPING DOCUMENTS. B City of Ashland I L 20 E. ATTN: Accounts Payable Purchase Main OR 97520 Order # 20180932 L Ashland, T Phone: 541/552-2010 O Email: payable@ashland.or.us C/O Police Department E ADDICTIONS RECOVERY CENTER, INC H N 1003 E MAIN ST 1155 East Main Street D STE 104 P Ashland, OR 97520 O MEDFORD, OR 97504 Phone: 541/482-2211 R T Fax: 541/488-5351 O AXOMidor Phone Number V~osIW iamhec =ieq~srtra`n - suer aim Lynn Merrifield Date=Ordered Ve_ndor Number=W@ e_Requlr r _ ©RadrnentLL atl n _ 08/15/2017 3647 City Accounts Payable Item# = Qescrl P~rtNQ = 1=Rr-ExteftdP_rice= Addictions Recovery Center 1 Annual contract for use of Addictions Recovery Center (Sobering 1 $11,000.0000 $11,000.00 Unit) Agreement Between Addictions Recovery Center and the City of Ashland Term: July 1, 2017 through June 30, 2018 Project Account: GL SUMMARY L_ 060900 - 604160 $11,000.00 By` y . Date' H j or~fh ized nature I P Total $11,000.00 FORM 0 ' CITY OF t cjt t ~~r a Purchase Order ASHLAND REQUISITION t] O oequest: Q G I7 Required date for delivery: Vendor Name Arldirtinnc Recoyeni Cenfnr (ARC) Address, City, State, Zip 1003 E Main St 9130 Medford OR 97504 Contact Name & Telephone Number 541-779-1282 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written uote or ro osal attached _ Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5 000 ❑ Request for Proposal (Copies on file) ❑ Direct Award Date approved by Council: ❑ Slate of Oregon Contract it El Verbal/UVritten quote(s) orproposal(s) -(Attach copy of council communication) El State State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other govemment agency contract $5,000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ® Special Procurement Intergovernmental Agreement $5.000 to $75.000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Dale approved by Council: 07118/2017 (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: 06/30/2018 Dale _ (Attach copy of council communication) Description of SERVICES Total Cost Annual Contract (July 1, 2017 to June 30, 2018) for use of Addictions Recovery Center $11;0000':00 . Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL.COST'. ❑ Per attached quotelproposal $11,000:00 i Project Number Account Number 060900.604160 Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support-Yes/No Bysigningthis requisition.form,-MCI h' 7ubfic contracting requirements have been satisfied. ~r Employee:l ) Department Head: • ~ J~ n ~ PJ p A /1/'n / "(~qualtoorgreaiert an 5,000) Department Manager/Supervisor:) City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year (5 / NO 1 t! F11ance Direct@ qua) to orgreater than $5,000) Date Comments: Form #3 - Requisition