HomeMy WebLinkAbout2018-014 Agrmt for Emergency Shelter Services OHRA
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CITY OF
ASHLAND
AGREEMENT FOR COORDINATING SUPPLY OF EMERGENCY SHELTER
SERVICES BETWEEN THE CITY OF ASHLAND AND OPTIONS FOR
HOMELESS RESIDENTS OF ASHLAND
This Agreement is made by and between THE CITY OF ASHLAND, an Oregon municipal
corporation ("City"), and OPTIONS FOR HOMELESS RESIDENTS OF ASHLAND
("OHRA"), a 501(c)(3) corporation registered in Oregon.
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.
NOW, THERFORE, in consideration for the mutual benefits and 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. TERM. This Agreement shall. be effective on December 22, 2017 (the "Effective Date,")
and, unless sooner terminated as provided herein, shall continue in full force and effect until
June 30, 2018.
3. BUDGET LIMITS. The cost to the City shall not exceed $2,386.00 (two thousand three
hundred and eighty-six dollars), plus $500.00 (five hundred dollars) for each declared shelter
emergency day in excess of three (3) days.
4. OHRA 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 No. 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
Page I of 6: AGREEMENT FOR EMERGENCY SHELTER SERVICES
conditions set forth in Resolution No. 2013-04 which is attached hereto as Exhibit A
and incorporated herein by this reference.
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 (2) trained
shelter workers to staff the Emergency Shelter.
4.5 OHRA shall ensure that Emergency Shelter workers meet the same requirements as
volunteer workers in the Winter Shelter Program described in Resolution No. 2016-
34 attached hereto as Exhibit B and incorporated herein by this reference, including
passing criminal background checks and receiving training on the emergency plan,
mental health plan, and emergency communications for the shelter. All workers and
volunteers at the Emergency Shelter shall execute waivers of liability, in a form
reasonably acceptable to the City, releasing the City from any and all liability for
any personal injuries to them and damage to any personal property.
4.6 OHRA shall ensure compliance with the Ashland Municipal Code (AMC) by paying
a living wage, as defined in AMC Chapter 3.12, to all persons paid to perform any
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 $14.81
per hour effective July 1, 2017.) OHRA is also required to post the living wage
notice attached hereto as Exhibit C 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 operations in excess of the original three (3) days allotted
hereunder. If there are fewer than three (3) Emergency Shelter days during the term
of this Agreement, OHRA will be allowed to keep the unspent balance of the City's'
payment obligation set forth Subsection 5.2 of this Agreement, to use for homeless
services, consistent with its mission.
I
5. CITY OBLIGATIONS. The City shall declare a shelter emergency upon forecasted
conditions set forth under the City's Resolution 2013-04.
5.1 City will undertake reasonable efforts to provide a building in which the Emergency
Shelter can be held
If the City is unable to provide a building for the Emergency Shelter, OHRA shall be
responsible for finding a suitable location for the Emergency Shelter.
5.2 City will pay OHRA $2,386.00 (two thousand three hundred and eighty-six dollars)
within ten (10) business days of execution of this Agreement by the City. In
addition, upon receipt of billings from OHRA, City will pay OHRA $500.00 (five
Page 2 of 6: AGREEMENT FOR EMERGENCY SHELTER SERVICES
I
hundred dollars) for each declared shelter emergency day in excess of three (3) 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. All payments made to OHRA under this Agreement
shall be sent to the following address:
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 all 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 This Agreement or any provision contained herein may be terminated by the mutual
written consent of both parties. This Agreement may be terminated by either party at
any time, upon not less than thirty (30) days' written notice delivered by certified U.S.
mail. In the event of termination of the Agreement, each party shall be responsible for
its own costs and expenses in complying with this 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 ten (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 the party in breach 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
the 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.
Page 3 of 6: AGREEMENT FOR EMERGENCY SHELTER SERVICES
11. INSPECTION OF RECORDS. 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 in the performance of this
Agreement. The City and its duly authorized representatives shall have access to the
books, records, documents, and any other evidence maintained by OHRA which are
directly related to this Agreement for the purpose of making audit, examination, excerpts,
and transcripts. Such books and records shall be maintained by OHRA for three (3) years
from the date of the completion of all work and services performed pursuant to this
Agreement unless a shorter period is authorized by the City in writing. OHRA is
responsible for any OHRA audit discrepancies involving deviation from the provisions of
the Agreement.
12. HOLD HARMLESS AND INDEMNIFICATION. OHRA shall defend, indemnify, save,
and hold harmless the City of Ashland, its officers, employees, volunteers, and agents from
and against any and all claims, demands, suits and legal actions, including appeals, arising
out of or in connection with OHRA's and its officers', employees', agents', volunteers',
and subcontractors' performance of any service or work under this Agreement. Subject to
the limitations imposed by the Oregon Tort Claims Act, Oregon Revised Statutes 30.260 to
30.300, City agrees to indemnify Provider from each and every claim which the City would
be legally liable to pay if. (a) a claim asserting the same loss or injury were made directly
against the City, whether or not such a direct claim is actually made, AND (b) the loss or
injury sustained by the claimant resulted from the acts, errors, or omissions of the City, its
officers, employees, volunteers, or agents.
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.
14.1 Each party is responsible for maintaining its own insurance and coverage relating
to any claims arising from the provision of services or work under this
Agreement.
14.2 OHRA shall obtain and maintain in effect during the entire term of this
Agreement, a policy or policies of liability insurance including commercial
Page 4 of 6: AGREEMENT FOR EMERGENCY SHELTER SERVICES
general liability insurance with a combined single limit, or the equivalent, of not
less than $1,000,000 (one million dollars) per occurrence for Bodily Injury,
Death, and Property Damage. The insurance required in this Article shall include
Comprehensive General or Commercial General Liability, including personal
injury, contractual liability, and products/completed operations coverage.
14.3 No City insurance coverage is extended to OHRA, its officers, employees, agents,
or volunteers. However, the City will maintain existing property coverage
covering any facility used as an Emergency Shelter pursuant to this Agreement.
15. DISPUTE RESOLUTION. City and OHRA shall first 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
Agreement, or breach thereof shall be determined by mediation. 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 five
(5) days or if mediation fails to resolve the dispute and if either parry 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. Any arbitration proceeding shall
be conducted in accordance with the current arbitration rules of the American Arbitration
Association pursuant to ORS 190.710 through ORS 190.800. 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 personally 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.
If to CITY:
City Administrator
20 East Main
Ashland, OR 97520
If to OHRA:
President
Page 5 of 6: AGREEMENT FOR EMERGENCY SHELTER SERVICES
Options For Homeless Residents Of Ashland
P.O. Box 1133
Ashland, OR 97520
And when so addressed, shall be deemed given three (3) calendar days after 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 understanding 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
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 Agreement to be executed in two
(2) duplicate originals in their respective names by their duly authorized representatives as of the
dates set forth below.
CITY OF ASHLAND, OREGON
By: John Ka
Title: City Administrator
Dated:
OPTIONS FOR O ELESS RESIDENTS OF ASHLAND
d
By: Ken Gudger
Title: President of OHRA- 2018
Dated: - / 7
Page 6 of 6: AGREEMENT FOR EMERGENCY SHELTER SERVICES
O(&11BU Page l of
RESOLUTION NO.2013-D
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 I. 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 201 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
EXHIBIT _ Page ~ O t-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
hFif9f A page 3 ®f
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 J day of
2013, takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
~0l3
SIGNED and APPROVED this d day of
AS omberg, Mayor
Ri~~man, as to form;
City Attorney
Resolution No. 2013- Page 3 of 3
Exwn 13 Page 3
RESOLUTION NO.2016-L_
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- ill Page 1 of 3
G?I~f{gf i ~3 Page a 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- 34 Page 2 of 3
F8ul 8- Pago 3 ~ s
. E
,
dog or dogs Such cleaning is to be done to the'-satisfacton of City EiGilitics maintenance
staff .
d Dogs that become threatesung to others or are othervnse unmanageable will be requue$
to leave the shelter
e - Shelter volunteers must notify the Ashland Police Department m the event a dog bite
breaks the slnn' of an emergency shelter guest, or voluiltear
SECTION 5: 2 hts resolutton takes effect upon5signitig by the lvlayor
_ Taus resolution was duly PASSED and ADOPTED this aU day o£ t]a_Ce rn~ic l > 2016, and
takes effect upon signing by the Ivlayor
Barbara Christensen, Czty Recorder
SIGNI D and APPROUED this,ao day of t~e~ar+, 2Q16
,
Stromberg, Mayor
Reviewed as to fgrm
DavzdlI an, City Attorney
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esolutton No Page 3 of Y201
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Exhibit C
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
WAGE
FMF.
per !hour, effective June 30, 2017.
ELEA The Living Wage'is adjusted annually every
June 30 by the ConsumerPrice'lindex.
- , - , , of business of their employer, 401 K and IRS eligible
if the employer has ten or cafeteria plans (including
more employees, and has childcare) benefits to the
received financial assistance amount of wages received by
➢ For all hours worked under a for the project or business the employee.
from
service contract between their the City of Ashland in
employer and the City of excess of $20,688.86. ➢ Note: For temporary and
part-time employees, the
or more. ➢ If their employer is the City of Living Wage does not apply
Ashland exceeds if $20,688.86 the contract
Ashland, including the Parks to the first 1040 hours worked
and Recreation Department. in any calendar year. For
➢ For all hours worked in a
more details, if the employee spends please see
50% or more of the ➢ In calculating the living wage, Ashland Municipal Code
's time in that month employers may add the value Section 3.12.020.
employee
of
working on a project or portion health care, retirement,
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be
seen by all employees.
CITY OF
ASHLAND