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Home My WebLink About2019-225 20200081 Addictions Recovery Center AGREEMENT BETWEEN ADDICTIONS RECOVER 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, 2019 and expire June 30, 2020. 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, 2019 through June 30, 2020. 2. Ashland shall pay ARC $33,000 total for the period July 1, 2019 - June 30, 2020 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, 2019. 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. PY 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 X1(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 2798.220, 279B.225, 279B.230, 279B.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. I'I CITY OF ASHLAND ARC BY: - „ BY: / �vLL4d..> d Title: art 4.4 A (51-1240T n- Title: /`jCES/l E JT 0-ED Date: 07 30 z-oLcli Date: f//g" �p/ `j Approved as to form: Approv-d as to form: 4/ A and City Attorney ARC/Counsel AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 3 Purchase Order• 1,410 CI CID RECORD R Fiscal Year 2020 Page: 1 of: 1 B City of Ashland = ATTN: Accounts Payable Purchase L 20 E.L Ashland, OR 97520 Order# 20200081 T Phone: 541/552-2010 O Email: payable @ashland.or.us V ADDICTIONS RECOVERY CENTER, INC H C/O Police Department N 1003 E MAIN ST I 1155 East Main Street D STE 104 P Ashland, OR 97520 OR MEDFORD, OR 97504 Phone: 541/482-2211 T Fax: 541/488-5351 L nn Merrifield 08/13/2019 3647 FOB ASHLAND OR/NET30 Cit Accounts Pa able Addictions Recovery Center 1 Annual contract(July 1, 2019 to June 30, 2020) for use of 1 $33,000.0000 $33,000.00 Addictions Recovery Center(ARD) Project Account: GL SUMMARY ** ** * ***** * 060900-604160 $33,000.00 B ( ., 4 Date: 9) 1,s- ( . Authorized Signature =- 33 000.00 CITY OF .FORM #3 i #(1: , ASHLAND REQUISITION C�-Oaterofrequest: 07123/2019 Vendor Name ADDICTIONS RECOVERY CENTER,INC(ARC) Address,City,State,Zip 1003 E MAIN ST STE 104,MEDFORD OR 97504 Contact Name LORI PARIS Telephone Number (541)779-1282 Email address 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 quote or proposal attached _ (Attach copy of council communication) _ (If council approval required,attach copy of CC) ❑ Small Procurement Cooperative Procurement Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s)or proposal(s) _(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Sourde Contract# GOODS 8 SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ Other government 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 ❑ Agency ARC ❑ Form#9,Request for Approval Date original contract approved by Council: ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached JULY 2 JU 079 (Date) ❑ (3)Written proposals/written solicitation Date approved by Council: 16 (Attach s copy council communicat ) ❑ Form#4, Personal Services$5K to$75K Valid until: (Date) Description of SERVICES Total Cost Annual Contract(July 1,2019 to June 30,2020)for use of Addictions Recovery Center(ARC) $ 33,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL.COST ❑ Per attached quotelproposal $ 33 000.00 Project Number • Account Number 0 6 0 9 0 0.6 0 4 1 6 0 $_,_ 3 3,0 0 0 .0 0 1 Project Number • Account Number • $_,- - -r— _ _•_ _ Project 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: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfie Employee:mil, ...mot. A. ' . ,_/ at% Department Head: 14 I )t , /.. 44,.. eater than$5,000) Department Manager/Supervisor: , City Administrator: v +y. yfy. (Equal to or greater than$25,0010) Funds appropriated for current fiscal year ES / NO 4'1 / J r Deputy Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition City News City of Ashland • City of Ashland,Oregon/City Council/City News City Council News (ViewAll) Council Meeting Outcomes July 16th it 4, H City Administrator Kelly Madding presented Council with the results of Engage Ashland. For more information click here. Consent Agenda Council decided to have a Study Session regarding Council Goals before adopting a Resolution. For more information click here. Council approved reappointment of the Building Appeals Board members John Fields and Dale Shostrom . For more information click here. Council approved appointment of Mark Brouillard tot he Transportation Commission. For more information click here. PP PP Council approved a Liquor License for Soyoung Im. For more information click here. Council approved a Radio Maintenance Agreement with Day Wireless. For more information click here. Council approved a contract with Pathway Enterprises Inc.for janitorial services. For more information click here. Council approved 2 contracts with Emergency Communications of Southern Oregon. For more information click here. Council approved a 3 year contract with Brown&Brown Northwest for professional risk management services. For more information'click here. Council approved an Memorandum of Understanding with Addictions Recovery Center. For more information click here. 1 1 Council approved to award Multiple Public Contracts for water inventory materials to be awarded to the lowest bidders. For more information click here. I NEW BUSINESS aiiA Council approved the City Administrator to assume the duties of the Finance/Administrative Services Director. For more information click here. Council approved appointment of David Shepherd as Fire Chief. For more information click here. Council approved appointment of Adam Hanks as Assistant City Administrator. For more information click here. Council directed Staff to bring back Item XIII.4. National Citizens'Survey Add-Ons and Custom Questions to a future meeting with suggested options. For more information click here. I Council approved the execution of a personal services contract with The Freshwater Trust for the Water Quality Temperature Trading Program Partnership; Phase Two. For more information click here. I 31" 1"P , ,_ e e 00016 . 17 11 V. d 411 1` Council made a motion to approve second reading of Ordinance No.3176 regarding Public Safety. Due to time constraints this motion was not voted on. This item will be continued at the next Council Business Meeting. For more information click here. Due to time constraints the below items will be continued at the next Business Council Meeting: Item XIV.2.Second Reading of Ordinance 3177 Amending AMC CH 2.18 Conservation Commission to the Conservation and Climate Outreach Commission and Ordinance No.3178 Creating the Climate Policy Commission;Adding New AMC CH 2.27. For more information click here. Item XIV.3.Appointments to the Climate Policy Advisory Commission. For more information click here. Council Business Meeting July 16, 2019 Agenda Item Approval of a Memorandum of Understanding with Addictions Recovery Center From Tighe O'Meara I Police Chief Contact Tighe.omeara(c�ashland.or.us (541) 552-2142 SUMMARY Staff is seeking approval of a memorandum of understanding(MOU)between the City of Ashland and Addiction Recovery Center(ARC)to provide sobering services in partnership with Ashland Police Department(APD). POLICIES,PLANS & GOALS SUPPORTED Value Services' Tasks: Apply for more police grants and resume participation in regional drug enforcement efforts. PREVIOUS COUNCIL ACTION This relationship is long standing and represents the best option for caring for community members in need of sobering services. BACKGROUND AND ADDITIONAL INFORMATION For several years, 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. ARC has long provided APD with such services. FISCAL IMPACTS Having this service available for members of the community will cost$33,000 for FY 2019-2020. This has been budgeted for in APD's budget. STAFF RECOMMENDATION Staff recommends that Council approve this MOU. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move that Council approve of the memorandum of understanding between the City of Ashland and Addictions Recovery Center. REFERENCES &ATTACHMENTS Attachment 1: MOU between the City of Ashland and ARC Page 1 of 1 CITY OF ASHLAND i