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HomeMy WebLinkAbout2024-123 Agrmt Southern Oregon Jobs with JusticeThis Agreement by and between THE CITY OFA5HLANC\ a municipal corporation (hereinafter "City"), and Southern Oregon Jobs with Justice. ("S[UVV]"),a5O1/c\(3) corporation registered in Oregon, shall beeffective upon the date ofthe last signature ("Effective Date"). WHEREAS, City and SOJWJ enter into this agreement to identify their roles and responsibilities for providing Severe Weather Shelter overnights to vulnerable persons and families at risk who require safety and protection from exposure to extreme weather conditions. WHEREAS, the City recognizes the urgent need to provide shelter for its most vulnerable community members during extreme orhazardous weather conditions. The City will partner with SOJWJI to fulfill shelter services. Additionally, the City will collaborate with the First Presbyterian Church of Ashland (the "Church") at Calvin Hall 1615 Clark Ave, Ashland, OR 9752O,toserve asthe Severe Weather Shelter (the "Severe Weather Sh2|ter)".This collaboration among the parties also acknowledges that the church spaces are utilized by many community members; therefore, it is essential for all individuals to be respectful of each other's boundaries. � � WHEREAS, this agreement outlines the public policy of the Council to provide emergency shelter services, ascodified inResolution 2O22-33. THEREFORE, inconsideration for the mutual covenants contained herein, the parties agree as Duration. Except for termination asprovided herein, the term Dfthis Agreement shall be from November 27, 2024thnough Decemnber31, IO2/, unless otherwise agreed, in writing, byboth parties. 2. Budget Limitations. In no event shall SOJWJs total of all compensation and reimbursement under this Agreement exceed $5[iO0O.UOwithout express, written approval from the City. SOJWJ acknowledges that any work delivered in excess of this budget limitation is done at 3[UW]'s own risk and on a volunteer basis without expectation of compensation or reimbursement. � a. Severe Weather Shelter Operation. SCUWU agrees to operate the Severe Weather Shelter, in accordance with the terms of this Agreement, from November 27, 2024to December 31, 2024, as resources allow, when the City activates a severe weather shelter according to the Ashland City Council Resolution 2022-33 with the following conditions: i SC)]VV]will strictly adhere tothe operating hours Of7:0UPMto7:0OAM. SCUVV]acknowledges that loitering isnot permitted before orafter shelter hours. Additionally, SCUVV]shall cooperate with the Ashland Police Department in enforcing lawful trespass orders if individuals refuse to leave the premises when instructed. ii SO]VV]wjU maintain a minimum staffing level ofthree persons. However, if there are ten Drfewer guests, staffing may bereduced toa rninirnunn of two persons. |f5CU\&Uisunable tOprovide the required staffing, the Severe Weather Shelter isprohibited from operating. iii SDJVV] agrees not to run the shelter on the blackout dates from 7PM on December 7,through 7AK4December 5\and from 7PMDecember 15,2U24 through 7AMDecember 18,2O24. k/ SO]VV]will ensure that the use ufthe kitchen and its equipment isoff limits. The counter space ofthe kitchen area isavailable should beverages and pre - made pastry items be brought in. Shelter activities will not include afuU-Scale breakfast ordinner service. u SO]VV]will ensure that the shelter space iscleaned after each night ofuse and returned tVasatisfactory clean and sanitized condition sothe building can beused for other regularly scheduled events without issues. 6. Responsibilities. S[U\A8 agrees to undertake the scope of work as outlined in Exhibit A. To fulfill this scope, SOJWJ will make all necessary arrangements and commitments to ensure that both paid staff and volunteers are present at the Severe Weather Shelter during its operation. For each night the Severe Weather Shelter operates: SO]VV] agrees that the Severe Weather Shelter will be overseen by o Shelter Coordinator orCoordinators approved bythe City. These individuals dunot need tobepresent for the entire duration ofthe operation but must be available to address management operation questions, emergency concerns, and act asepoint ofcontact for the City and for the Church. SO]\&U shall execute the City waiver in the form attached hereto as Exhibit B and any waivers the Church may require, including any applicable code of conduct conditions, for all individuals utilizing the Severe Weather Shelter as acondition Ofentry. iii 5OJWJshall besolely responsible for wages and benefits paid tDany employees or contractors working for SOJWJ. SOJWJ shall comply with the Ashland Municipal Code by paying aliving wage, as defined inAMC 3.12,tn all persons paid toperform work under this Agreement and toany subcontractor paid t0 perform 5096or more ofthe service work under this Agreement. SCUV0|agrees tofulfill the requirement that itpost the living wage notice prominently in areas where all its employees will see it. k/ SCUVV]mill ensure compliance with all relevant provisions regarding the appropriate duties ofFi[8vvatchper the fire code. SOJWJ agrees to provide reasonable training on relevant emergency plans, first aid, abuse prevention, de-escalation, trauma -informed care, safety precautions, and emergency communications related to the Severe Weather Shelter, within the time restraints ofthis Agreement. d. Communication. 5O]\A8will provide communication and distribution nfnotices for shelter nights at the Severe Weather Shelter. 4. City obligations. The City Manager orher designee shall make all reasonable efforts ho follow the policy guidelines set forth in Resolution 2022-33 with the additional terms: a. The City Manager's Office or her designee will make the determination and communicate this determination tothe 5CUVV] Coordinator ifthe Severe Weather Shelter should be enacted. b. The City will compensate S[UVV] for costs outlined in Exhibit A. Invoices submitted by SOJWJ will be reimbursed 30 days upon receipt, with the total amounts not to exceed $50,000.00, unless otherwise amended. c. The City will reasonably cooperate with SOJWJ in communicating the operation of the shelter. 5. Payment. All payments made to3O]VV]under this Agreement should besent 1othe following address: 258 A STREET #1-220, Ashland, OR 97520. -\ 6. Real or Personal Property. There shall be no transfer of title or possession to any real or personal property interest pursuant to this Agreement. 7. Termination. e. Al/ o/part Ofthis Agreement may be terminated by mutual consent by both parties; or by either party at any time, upon fifteen (15) days' written. In the event of termination ofthe Agreement, each party shall be responsible for its own costs and expenses in complying with the Agreement. b. Either party may terminate this Agreement immediately if the other party commits a material breach of any terms or conditions. 8. Assignment.SO]W] shall not assign or transfer any interest in this Agreement without prior written consent of the City. 9. Inspection ofRecords. SCUVV]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 documents, papers, and records of SOJWJ 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 SOJWJ for three years from the date of the completion of work unless ashorter period is authorized in writing. 5[U\8U is responsible for any 8O]VV] audit discrepancies involving deviation from the terms ofthe Agreement. lO. Indemnification. To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, the parties 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 ordamage to property, that anyone may have Orassert byreasons of any negligence orwillful misconduct ofsuch party, its officers, employees or agents. The City ofAshland shall not be held responsible for any claims, actions, costs, judgments, Or other damages, directly or indirectly caused by any negligence or willful misconduct by 5CUVV], its employees, or agents, nrits volunteers. |fany aspect ufthis indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality orinvalidity shall not affect the validity ofthe remainder ofthis indemnification, 11. Independent Contractor Status. SOJWJ is an independent contractor and neitherSO]VV1 nor anyone performing work pursuant to this Agreement and under S[U\N]'sauspices is anemployee ofthe City. S[UW]5hall have complete responsibility for performance nfits obligations under this Agreement. Except as provided for in this Agreement, the City shall not be liable for any obligations incurred by 3[U\A8. S0]\N] shall not represent to any person that the City isliable for SO]\N]'sobligations. 12. Insurance. Each party is responsible for its own insurance and coverage relating to claims / arising from providing urstaffing a Severe Weather Shelter. No City coverage isextended tO the other parties or volunteers. SO]\AUshall hold the following liability insurance limits and name the City ofAshland os8n additional insured party: general liability insurance with acombined single limit, Orthe equivalent, of not less than $2,000,000 (two million dollars) per occurrence and for bodily injury, death, and property damage and professional liability with a combined single limit, or the equivalent, ofnot less than $2,0O[iUOO(two million dollars) per occurrence. This isto cover any damage caused byerror, omission ornegligent acts related tothe services provided under this Agreement. 13.DiResolution. Except for the provisions related to the termination of this Agreement, City and SCUVV1shall attempt b}resolve all disputes through staff discussions atthe lowest possible level. Both parties tothis Agreement agree to provide other resources and personnel to negotiate and find resolution todisputes that cannot beresolved atthe staff level. 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 amediator within 5days Ori[mediation fails tOresolve the dispute and ifeither party wants to further pursue the dispute, all parties waive their right to atrio| by jury. l 14.Notice and Representatives. Unless personally served, all notices, certificates, or ' communications delivered pursuant tothis Agreement shall be delivered or mailed postage prepaid via certified mail to the parties at their respective places of business set forth below or at the place designated hereafter in writing by the parties. Bills and payments are considered "delivered" upon actual delivery. In all other instances, "delivery" is considered complete when deposited in a United States mail with the appropriate postage prepaid. City of Ashland: City Manager 2OEast Main Street Ashland, OR9752O Southern Ore-aon Jobs with Justice: 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 SPECIFIC PURPOSE GIVEN. THE PARTIES, BY THE SIGNATURES BELOW OR THEIR AUTHORIZED 0 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 intwo /2\ duplicate originals, either as individuals, or by their officers thereunto duly authorized. 13�: S Varrii V Title: City Manager Dated: -,I (I q",q / 11 SOUTHERN ORE6ONJOBS WITH JUSTICE By: Vanessa Houk Title: Board [hair Dated: ^` n. AGREEMENT FOR COORDINATING SERVICES AND OF SEVERE WEATHER SHELTER BETWEEN CITY OF ASHLAND AND FIRST PRESBYTERIAN CHURCH OF ASHLAND This Agreement by and between THE CITY OFASHLAN[\ a municipal corporation (hereinafter "City"), and the First Presbyterian Church of Ashland (the "Church"), shall be effective upon the date of the last signature ("Effective Date"). WHEREAS, City and the Church enter into this agreement toidentify their roles and responsibilities for providing Severe Weather Shelter overnights to vulnerable persons and families at risk who require safety and protection from exposure to extreme weather conditions. WHEREAS, the City recognizes the urgent need to provide shelter for its most vulnerable community members during extreme or hazardous weather conditions. The City will partner with Southern Oregon Jobs with Justice ("SOJWJ") to fulfill operation of shelter services pursuant to an agreement between the City and 5CU\&U in substantially the form attached hereto as Exhibit (the "SCUVV] Agreement"). In order to meet the interim shelter needs prior to January 1, 2025, the City will collaborate with the Church at Calvin Hall 1615 Clark Ave, Ashland, OR9752U(the "Properhy),b)serve 8sthe Severe Weather Shelter (the "Severe Weather Shelter)". This collaboration among the parties also acknowledges that the church spaces are utilized by many community members; therefore, it is essential for all individuals to berespectful Ofeach other's boundaries. WHEREAS, this agreement outlines the public policy ofthe Council toprovide emergency shelter services, as codified in Resolution 2022-33. THEREFORE, inconsideration for the mutual covenants contained herein, the parties agree as AGREEMENT Duration. Except for termination as provided herein, the term ofthis Agreement shall be from November 27, 2024 through December 31, 2024, unless otherwise agreed, in writing, by both parties. 2. Budget Limitations. |nnoevent shall the [hurch'stotal ofall compensation and reimbursement under this Agreement exceed $200.00 per night that the Severe Emergency Shelter is activated without express, written approval from the City. ]. Church Obligations. ExCeptforthepehodfrorn7PK4onDecernber7,thnoueh7AM . December SLand from 7PK4December I5,2O24through 7AK4December 16.2D24`the � Church shall allow the City to use the Property as a Severe Weather Shelter between 7PM ^ and 7AM in the event the City declares the need for protective or emergency shelter in � accordance with Resolution 2U22-93asset forth inSection 4below. The City shall operate the Severe Weather Shelter on the Property pursuant to the SOJWJ Agreement, or any successor to the SOJWJ Agreement if SOJWJ is unable to provide the shelter services. 4. At the request of the Church the following requirements shall be followed by SWOJWJ: a. SOJVV]will strictly adhere tothe operating hours of7:O0PK4ho7:OOAM. SO]VV] acknowledges that loitering isnot permitted before Drafter shelter hours. Additionally, SOJWJ shall cooperate with the Ashland Police Department in enforcing lawful trespass orders if individuals refuse to leave the premises when instructed. b. SOJWJ will ensure that the use of the kitchen and its equipment is off limits. The counter space of the kitchen area is available should beverages and pre -made food items be brought in. Shelter activities will not include a full-scale breakfast or dinner service. o. SOJWJ will ensure that the shelter space is cleaned after each night of use and returned to a satisfactory clean and Sanitized condition so the building can be used for other regularly scheduled events without issues. d. SCUVV]xvill maintain a minimum staffing level ofthree persons. However, if there are ten or fewer guests, staffing may be reduced to a minimum of two persons. If SOJWJ � isunable toprovide the required staffing, the Severe Weather Shelter iGprohibited � from operating. e. SOJWJ agrees not to run the shelter on the blackout dates from 7PM on December 7, through 7AMDecember 9,and from 7PK4December l5,2O24through 7AK4 December l6,2024. 5. City obligations. The[itvManagerorherdesigneeShaUmnakeaUreaSonab|eefforbto follow the policy guidelines set forth in Resolution 2022-33 with the additional terms: The City Manager's Office orher designee will make the determination ifthe Severe Weather Shelter should be activated. b. The City will compensate the Church inthe amount nf$per night /$IOOfor space rental and $10Ofor utilities) for each night the Severe Emergency Shelter is activated. Invoices submitted by the Church will bepaid within 80days upon receipt. c. The City will reasonably cooperate with the Church in communicating the operation ofthe shelter. d. The City shall reimburse the Church for any damage incurred asaresult ofthe operation of the shelter or damages caused by individuals using the shelter. -\ Reimbursement will be provided only to the extent necessary to restore the Church ' to its original condition. 6. Payment. All payments made tothe Church under this Agreement should besent tuthe following address: l6I5Clark Ave, Ashland, OR9752O. 7. Real or Personal Property. There shall be no transfer of title or possession to any real or personal property interest pursuant to this Agreement. D. Termination. a All orpart of this Agreement may be terminated bymutual consent by both parties; Orb»either party atany time, upon fifteen (15) days' nowritten notice. |nthe event oftermination ofthe Agreement, each party shall be responsible for its own costs and expenses in complying with the Agreement. b. Either party may terminate this Agreement immediately if the other party commits a material breach of any terms or conditions and fails to correct the breach within 24 hours' written notice. 9. Assignment. The Church shall not assign or transfer any interest in this Agreement without prior written consent of the City. 10. Indemnification. 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 orassert by reasons of any negligence or willful misconduct of such party, its officers, employees or agents. The City ofAshland shall not be held responsible for any claims, actions, costs, judgments, or other damage, directly or indirectly caused by any negligence or willful misconduct by 5[U\AU or the Church, their employees, or agents, ortheir volunteers. If any aspect nfthis indemnity shall befound tnbeillegal urinvalid for any reason whatsoever, such illegality orinvalidity shall not affect the validity ofthe remainder ofthis indemnification. 11. Insurance. Each party is responsible for its own insurance and coverage relating to claims arising from providing oFstaffing a Severe Weather Shelter. NoCity coverage isextended to the other parties or volunteers. The Church shall hold the following liability insurance limits and name the City DfAshland as anadditional insured party: general liability insurance with acombined single limit, Drthe equivalent, of not less than $2,000,000 (two million dollars) per occurrence and for bodily injury, death, and pnoper�/dannogeand professional liability vxithacumobinedsingle linoit,or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence. This is to � 3 cover any damage caused by error, omission or negligent acts related to the services provided under this Agreement. 12. Dispute Resolution. Except for the provisions related to the termination of this Agreement, the City and the Church 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. 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, all parties waive their right to a trial by jury. 13. Notice and Representatives. Unless personally served, all notices, certificates, or communications delivered pursuant to this Agreement shall be delivered or mailed postage prepaid via certified mail to the parties at their respective places of business set forth below or at the place designated hereafter in writing by the parties. Bills and payments are considered "delivered" upon actual delivery. In all other instances, "delivery" is considered complete when deposited in a United States mail with the appropriate postage prepaid. City of Ashland: City Manager 20 East Main Street Ashland, OR 97520 First Presbyterian Church of Ashland: 1615 Clark Ave, Ashland, OR 97520 Ashland, OR 97520 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 SPECIFIC PURPOSE GIVEN. THE PARTIES, BY THE SIGNATURES BELOW OR THEIR AUTHORIZED REPRESENTATIVES, ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE AGREEMENT 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. Ell CITY OF AS AND BY�:abrina Cotta Title: City Manager Dated: 111 2:14-- � FIRST PRESBYTERIAN CHURCH OF ASHLAND By: Name: AL x Title: -7- Dated: - EXHIBIT A: SOJWJ Southern Oregon Jobs With Justice: SOJWJ Shelter Operations include: • Hiring, training and overseeing on -site staffing at a rate of $28.75 per hour. • Cleaning, sanitizing and stocking needed sanitation supplies at the Severe Weather Shelter location. • Providing an intake process and approving of guests in accordance with criteria for Low Barrier Shelter requirements. • General oversight of Ashland Severe Weather Shelter building and grounds during periods of operation, reporting any building issues to the City, and contracting with service providers for cleaning the Ashland Severe Weather Shelter and for maintaining walkways so they are accessible in inclement weather. • Providing navigation services and referrals, to the best of Southern Oregon Jobs With Justice ability, including but not limited to appropriately placing individuals who are transitioning from the Ashland Severe Weather Shelter, intentionally or unintentionally, or who are deemed inappropriate for this shelter venue. • Working with the population using the shelter to ensure there is no congregating outside Calvin Hall prior to the check in time of 7PM, and all guests off the premises by 7AM the following morning. The City of Ashland responsibilities include: Reimbursing Southern Oregon Jobs with Justice for all costs it incurs related to Ashland Severe Weather Shelter Operations, including but not limited to staffing, insurance, cleaning, and maintenance. - City of Ashland SevereWeather Shelter Code of Conduct Agreement Welcome tothe Shelter: The City of Ashland Severe Weather Shelter provides a safe and respectful space for individuals during extreme weather conditions. To ensure the safety and comfort of all guests, volunteers, and staff, we require adherence to the following Code of Conduct. Code of Conduct: By signing in as a guest of the shelter, I understand and agree to the following rules while staying atthe shelter: 1. Respect for Others: o Treat all guests, staff, and volunteers with dignity and respect. o Physical violence, verbal abuse, harassment, or discriminatory behavior will not be tolerated. 2. Substance -Free Environment: o Alcohol, illegal drugs, and non -prescribed substances are not allowed onthe premises. • Guests under the influence of substances are welcome but must remain non -disruptive. 3. Safety and Security: o Weapons ofany kind are not permitted inthe shelter. � o Smoking indesignated outside areas only. • Nosexual activity inside the shelter o/onthe property. o Animals must be under control atall times. o Follow all safety instructions from shelter staff and volunteers. 4. Cleanliness and Hygiene: o Help maintain the shelter space keep it clean and sanitary environment. o Dispose of trash properly and respect shared spaces and personal belongings of others. 5. Quiet Hours: o Quiet hours are observed from 9:00PK4to6:O0AK4.Guests must minimize noise during these times. 6. Compliance with Shelter Staff Requests: o Always follow the instructions ofshelter staff and volunteers. • Repeated refusal to comply with staff instructions may result in removal from the shelter. l Check -In and Check -Out: I o Unless otherwise stated by emergency decrees, nightly Check in begins no earlier than 7:0013M. Guests will be encouraged to pack their things by 6:30 A.M so that guests promptly leave the premises by 7:00 A.M. o Guests must exit the Church premises, including the parking lot, wa|kvvays and anywhere inside the building. This no -loitering requirement explicitly, and additionally, applies for the time periods immediately before and after the shelter's opening and closing. Individuals who fail to abide by these instructions may be subject to a criminal trespass charge. 0 No re-entry is allowed after check -in, except in emergencies or with staff approval. Waiver mfLiability: Bysigning this form and participating asaguest atthe shelter, | acknowledge and voluntarily agree to the following: 1. Assumption of Risk: o 1 understand that participation in the shelter program involves inherent risks, and assume all responsibility for my personal safety and belongings. Z. Release cHLiability: � o 1 release and hold harmless the City of Ashland its employees, volunteers, and affiliated ' organizations, including First Presbyterian Church and Southern Oregon Jobs with Justice, from any liability, claims, or damages resulting from my stay at the Severe Weather Shelter, except in cases of negligence or intentional misconduct. 3. Medical Emergencies: u 1 authorize the shelter staff to seek emergency medical treatment on my behalf if necessary. I understand I am responsible for any medical costs incurred. 4. Removal for Non-ConmmUance: o 1 understand that failure to comply with the Code of Conduct may result in immediate removal from the shelter. Acknowledgment: | agree toabide bvthe Code ofConduct and the terms of this Waiver of Liability. I understand that my compliance is essential to ensure a safe and welcoming environment for all shelter guests. 9