HomeMy WebLinkAbout2023-108 PO 20240073- Addictions Recovery Center, Inc. `Purchase Order
,Ms Fiscal Year 2024 Page: 1 of: 1
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L ATf Accoaunts Payable
L Ashland, OR 97520 Order#Purchase20 E. Main
20240073
T Phone: 541/552-2010 .
O Email: payable@ashland.or.us
VH C/O Police Department
E ADDICTIONS RECOVERY.CENTER, INC
N 1003 E MAIN ST I 1155 East Main Street
D STE 104 P Ashland, OR 97520
OR MEDFORD, OR 97504Phone: 541/482-2211
T Fax: 541/488-5351
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08/08/2023 3647 _ FOB ASHLAND OR/NET30 Cit Accounts Pa able v
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Sobering Unit with ARC
1 Sobering Unit with Addictions Recovery. Center(ARC),2-Year 1.0 $33,000.00 $33,000.00
Contract @$33,000 per year
FY 2024-$33,000
Project Account:
2 FY 2025 -$33,000.00 1.0 $33,000.00 $33,000.00
Project Account:
************** GL SUMMARY***************
060900-604160 $66,000.00
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By: Date: /0/7,5
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• Aut orized Signatur ;`�3�� $66 000.00.��= � :
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' FORM #3 CITY -OF
A request for a Purchase circlerASH LAND
REQUISITION Q f- / t� e [Sat of request: 07/19/2023Required-date for delivery:
Vendor Name ADDICTIONS RECOVERY CENTER INC(ARC)
Address,City,State,Zip 1003 E MAIN ST STE 104 MEDFORD OR 97504
Contact Name&Telephone Number ROBERT HASS (541)779-1282
Email address
SOURCING METHOD
❑ Exempt from Competitive Bidding 0 Invitation to Bid 0 Emergency ,
O Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization
❑ AMC 2.50 (Attach copy of council communication) 0 Written quote or proposal attached
O Written quote or proposal attached _(If council approval required,attach copy of CC)
O Small Procurement 0 Request for Proposal Cooperative Procurement
Not exceeding$5,000 Date approved by Council: 0 State of Oregon
O Direct Award _(Attach copy of council communication) Contract#
0 Verbal/Written bid(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington
Date approved by Council:_ Contract#
_(Attach copy of council communication) 0 Other government agency contract
Intermediate Procurement 0 Sole Source ! Agency
GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract#
Greater than$5,000 and less than$100,000 0 Written quote or proposal attached 1 Intergovernmental Agreement
❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K ! Agency
PERSONAL SERVICES Date approved by Council: 1 0 Annual cost to City does not exceed$25,000.
Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by
❑ Less than$35,000,by direct appointment . . Special Procurement • City Administrator.AMC 2.50.070(4)
O (3)Written proposals&solicitation attached A Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council
❑ Form#4,Personal Services$5K to$75K Written quote or proposal attache approval required.(Attach copy of council communication)
Date approved b Council: 69/20/2-3 I
Valid until:_.Lo/aO/23– (Date)
Description of SERVICES -
Sobering Unit Contract with Addicitons Recovery Center(ARC)-2 year contract @$33000'per year. TOTAL COST
FY2024-$33000
FyZ02-5 a330OU $,
Item# Quantity Unit Description of MATERIALS Unit Price Total Cost •
1 1 Year Sobering Unit 2023-2024(already paid for 2023) x$33,000.00
1 , 1 Year Sobering Unit 2024-2025 $33,000.00
❑ Per attached quote/proposal 1 TOTAL COST
Project Number _ _ Account Number OPO 4 O U- (o O41 to 0 66000.
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:
IT Director Date Support-Yes/No
By signing this requisition form,I certify that the City's public contracting requirements have been satisfied.
Employee:=��- • —��, Department Head! , • /
• / e"•.'.1 to or greater .n$5,000)
Department Manager/Supervisor: City Manager:
.-' ' ,r
Greater than '
Funds appropriated for current fiscal year: . YES NO
Finance1rector-(Equ or greater than$5,000) a
Comments:
Form#3-Requisition
., Addictions Recovery Center,Inc.
} , Invoice
• ': ' 1003 East Main Street Ste 104
�� ' Date Invoice#
Medford,OR 97504
7/1/2023 ASH-23-24
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Bill To
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City ofAshland
20 E.Main St
Ashland,OR 97520
P.O.No. Terms Project
Net 90
Description . Quantity Rate Amount
2023-2024.Ashland Sobering 1 33,000.00 33,000.00
23 --20z
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hak5 b
par 0
3 006
1"4 Approved 3O( Payment r/
- . Di) Not Pay Y1'14.44'
Sig mature
Ac;xunt :-JJ(n/1Qr0 664/ f)
Dat.2(j),. 2,3
PLEASE r^^.i.FIT JRN TO P.,..'(ARLES
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Total $33,000.00
ri.kBusiness Meeting
June:20, 2023
Approval.of an Operations Agreement with Addictions Recovery
Agenda ttexi
fi� 4.Center, Inc.
-From- Tighe O'Meara Police Chief
contacts Tighe•omearaaashland:or•us 541-552-2142
IVIGIBIT e Requested byCouncil 0 Update 0 Request for Direction ❑x Presentation 0
SUMMARY
Staff is seeking approval of an operations agreement between the Ashland Police
Department and Addictions Recovery Center, Inc. (ARC) to provide sobering services.
POLICIES, PLANS&GOALS SUPPORTED
N/A
BACKGROUND AND ADDITIONAL INFORMATION j
For several years the APD has contracted with ARC to.provide'sobering services for members
of the Ashland community. Sobering services refer to prioviding a safe, non-criminal facility at
which a person can overcome the effects of intoxication. Oregon Revised Statutes 430.399
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 FY24 and
$33,000 for FY25. This has been budgeted for in the police department's budget.
DISCUSSION QUESTIONS
N/A
SUGGESTED NEXT STEPS
Staff recommends that Council approve this operations agreement.
ACTIONS,OPTIONS&POTENTIAL MOTIONS
I move that Council approve of the operations agreement between the city and Addictions
Recovery Center.
REFERENCES &ATTACHMENTS
Operations agreement between the city and ARC
Page 1 of 1
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Sem T'9etha
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OPERATIONS AGREEMENT
BETWEEN
ADDICTIONS RECOVER CENTER, INC. AND THE CITY OF ASHLAND
This agreement for the operation of a sobering facility (hereinafter the"Agreement") is entered
into by and between the City of Ashland, Oregon, a municipal corporation(hereinafter
"Ashland") and the Addictions Recovery Center,Inc., a domestic nonprofit corporation
(hereinafter"ARC").
. A. STATUTORY AUTHORITY
1. In accordance with and pursuant to the provisions of the Oregon Revised Statutes,ARC is
authorized to enter into a written agreement with any unit of local government for the
performance of functions described under the Oregon Revised Statutes (ORS) related to
operating a sobering facility.
2. As a result of this Agreement, any unit of local government, consolidated department,
intergovernmental entity, or administrative officer 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 this Agreement, and each
party's officers and employees.
3. ARC maintains a registered sobering facility as defined in ORS 430.306(8)(2019)under a
contract with Jackson County, Oregon, and is eligible to receive persons 'taken into
protective custody by members of the Ashland Police Department (hereinafter "APD")
pursuant to ORS 430.399(2019).
B. BACKGROUND
ARC maintains a sobering facility at 338 N. Front Street, Medford, Oregon, under a contract with
Jackson County. Ashland has requested to use said sobering facility services. ARC is willing to,
offer use of the services on the terms set forth herein.
C. TERM C
This Agreement shall be effective as of July 1, 2023 (the "Effective Date") and shall continue in
full force and effect until and including June 30, 2025.
D. COOPERATION AND SERVICES TO BE PERFORMED
1. ARC will operate the sobering facility at the siteindicated above twenty-four(24) hours a
day, seven(7) days a week for the period July 1,2023,through June 30, 2025.
OPERATIONS AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 1 of 5
2. Ashland shall pay ARC the sum of sixty-six thousand dollars ($66,000.00) during the term
of this Agreement to use ARC's sobering facility services. Payments are lump sum amounts;they
are not a per capita rate. They are payable in two (2) annual installments. The first payment shall
be due and payable no later than September 30, 2023, and the second payment shall be due and
payable no later than September 30, 2024. Upon Ashland's;request, ARC shall submit an invoice
to tender payment in the amount requested.
3. Ashland,through its police department, shall transport eligible individuals in its custody to
the sobering facility site. ARC will hold such individuals and release them according to ARC's
standard protocols.
4. Subject to ORS 192.311 to ORS 192.478, Oregon Public Records Law, Ashland shall
comply with all applicable confidentiality laws including,'but not limited to, ORS 179.505, the
Health Insurance Portability and Accounting Act(HIPAA), and 42 USC 290dd-2.
5. ARC shall provide APD with a written quarterly report detailing APD's use of the
sobering facility as it relates to the overall usage of the facility.
E. GENERAL TERMS
II
1. INDEPENDENT CONTRACTOR STATUS. ARC is an independent contractor and not
an employee of the City of Ashland. ARC shall have complete responsibility for the performance
of its part of this Agreement. ARC shall provide workers''compensation coverage as required in
ORS Chapter 656 for all persons employed to perform work pursuant to this Agreement. ARC is
a subject employer that will comply with ORS 656.017. G
2. INDEMNIFICATION. Subject to the limitations contained in ORS 30.260 to 30.300. (the
Oregon Tort Claims Act) and the Oregon Constitution, both ARC and Ashland agree to defend,
save,hold harmless, and indemnify the other and the other' officers, employees, and agents from
and against any and all claims, suits, actions, liabilities, damages, losses and costs of any nature
whatsoever resulting from, arising out of, or relating to the negligence, intentional misconduct,
unlawful acts, or omissions of the wrongful party in the perfoituance of this Agreement. If the
loss or claim is caused by the joint concurrent negligence or other fault of both 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 party. ARC's and Ashland's obligations under this Subsection E.2. shall
survive the termination or expiration of this Agreement.
3. TRANSFER OF RESPONSIBILITIES. ARC shall not assign this Agreement nor
subcontract any portion of the services to be performed pursuant to this Agreement without the
written consent of Ashland. Any attempted assignment or subcontract without the written consent
of Ashland shall be null and void. ARC shall be fully responsible for the acts or omissions of any
assigns or subcontractors and of all persons employed by such assigns or subcontractors, and the
approval by Ashland of any assignment or subcontract shall not create any contractual relation
between the assignee or subcontractor and Ashland.
OPERATIONS AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 2 of 5
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4. TERMINATION
4.1.Mutual Consent. This Agreement may be terminated at any time by the mutual consent
of both parties.
4.2 Jackson County. This Agreement is contingent upon the contract between ARC and
Jackson County to operate the sobering facility being in full force and effect for the period
of July 1, 2023, through and including June 30, 2025. Should the contract between ARC
and Jackson County be terminated for any reason,this Agreement shall also be terminated.
4.3 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 established by
ARC in such written notice, if ARC's funding from federal, state, or other sources is not
obtained or continued at levels necessary to maintain the services of its sobering facility..
4.4. For Default of Breach. Either ARC or Ashland may terminate this Agreement in the
event of a breach of the Agreement by the other party. 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 breachwithin
fifteen(15) calendar days of the date of the notice, or within such other period as the party
giving the notice may authorize or require, then this Agreement may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
5. STATUTORY REQUIREMENTS: ORS 279B.220,279B.225,279B.230,279B.235, ORS
Chapter 244, and ORS 670.600 are incorporated by reference into this Agreement.
6. INSURANCE. ARC shall obtain and maintain during the entire term of this Agreement a
policy or policies of liability insurance including commercial general liability insurance with a
combined single limit, or the equivalent, of not less than$2;000,000 (two million dollars)for each
occurrence for Bodily Injury, Death, and Property Damage. The insurance required in this
Subsection E.6. shall include Comprehensive General or Commercial General Liability,including
personal injury, contractual liability, and products/completed operations coverage. Each policy of
such insurance shall be on an "occurrence" and not a "claims made" form.
7. NOTICE. Whenever notice is required or permitted to be given under this Agreement,
such notice shall.be given in writing to the other party by personaldelivery; by sending via a
reputable commercial overnight courier; or by mailing using registered or certified United States
mail,return receipt requested,postage prepaid, to the address(es) set forth below:
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If to Ashland:
City of Ashland Police Department
Attn: Chief Tighe O'Meara
OPERATIONS AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 3 of 5
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1155 East Main Street '
Ashland, Oregon 97520
With a copy to:
City of Ashland Legal Department
20 E. Main Street
Ashland, Oregon 97520
If to ARC:
Addictions Recovery Center, Inc.
Attn: Robert Haas
1003 E. Main St, Suite 104
Medford, Oregon 97504
8. AMENDMENTS. This Agreement may not be amended,changed,or modified in any way,
except by the written agreement.signed by all parties. This Agreement constitutes the entire
understanding between the parties and supersedes any and all prior oral or written agreements,
express and/or implied statements,negotiations, or memoranda of understanding.
9. ARC'S COMPLIANCE WITH TAX LAWS.
9.1 ARC represents and warrants to Ashland that:
9.1.1 ARC shall,throughout the term of this Agreement,including any extensions
hereof; comply with:
(i) All tax laws of the State of Oregon, including but not limited to ORS
305.620 and ORS chapters 316, 317, and 318;
(ii) Any tax provisions imposed by'a political subdivision of the State of
Oregon applicable to Provider; and
(iii) Any rules, regulations, charter provisions, or ordinances that
implement or enforce any of the foregoing tax laws or provisions.
9.1.2 ARC, for a period of no fewer than six (6) calendar years preceding the
Effective Date of this Agreement, has faithfully complied with:
(i) All tax laws of the State of Oregon, including but not limited to ORS
305.620 and ORS chapters'316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of-
Oregon
fOregon applicable to Provider; and
(iii) Any rules, regulations, charter provisions, or ordinances that
implement or enforce any of the foregoing tax laws or provisions.
9.2 ARC's failure to comply with the tax laws of the State of Oregon and all applicable
tax laws of any political subdivision of the State of Oregon shall constitute a material breach of
this Agreement. Any material breach of this Agreement shall entitle Ashland to terminate this
OPERATIONS AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 4 of 5
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Agreement and to seek damages and any other relief available under this Agreement, at law, or in
equity.
10. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Oregon
without regard to conflict of laws principles. Exclusive venue for litigation of any action arising
under this Agreement shall be in the .Circuit Court of the State of Oregon for Jackson County
unless exclusive jurisdiction is in federal court, in which(case exclusive venue shall be in the
federal district court for the district of Oregon. Each party expressly waives any and all rights to
maintain an action under this Agreement in any other venue, and expressly consents that, upon
motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as
to effectuate this choice of venue. ,
11. Each person signing this Agreement represents and warrants she or he has the authority to
execute it.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their
respective names by their duly authorized representatives as of the dates set forth below.
CITY OF ASHLAND: ADDICTION • ERY CENTER
By: By:
Printed Name: Joseph Lessard Printed Name: Sebastian Viteri
Title: City Manager Title: CFO
Date: 7// v/707.--Z Date: 7//g/202
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Approved as to form: Approved as to form:
_N/A
Assis ant City Attorney for Ashland ARC Counsel
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OPERATIONS AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 5 of 5