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Home My WebLink About2025-113 AGRMT AMEND #1 OHRA AMENDMENT NO. 1 to GOODS & SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, and Opportunities for Housing, Resources, and Assistance ("OHRA") RECITALS A. The City and OHRA previously entered into an agreement on June 25, 2025, attached as Exhibit A ("Master Agreement"). The parties wish to extend the Master Agreement in all its same terms with a new termination date of December 31, 2025. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the parties agree as follows: 1. Amend Section 4.a of the Master Agreement so the agreement terminates on December 31, 2025 at 11:59 p.m. 2. This Amendment No. 1 is effective upon being signed by both parties. 3. Except as specifically modified by this Amendment No. 1, the terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF the parties have caused this Amendment No. 1 to be signed in their respective names by their duly authorized representatives as of the dates set forth below: CITY OF ASHLAND, OREGON OHRA J'cu4u�. Cep By: By: ��9�'• C City Manager Printed Name: Daniel Cano Date: 10/9/2025 Title: Executive Director Date: 10/8/25 Page 1 of 1: Amendment No. 1 to City and OHRA June 25,2025 Dusk-to-Dawn Agreement Exhibit A MEMORANDUM OF UNDERSTANDING AND AGREEMENT BETWEEN THE CITY OF ASHLAND AND OPPORTUNITIES FOR HOUSING, RESOURCES,&ASSISTANCE This Memorandum of Understanding(the"MOU")establishes a collaborative framework between the City of Ashland ("City") and the nonprofit organization Opportunities for Housing, Resources,and Assistance("OHRA"),collectively the"Parties". Individuals experiencing homelessness are allowed to rest at the designated space located at 1155 E. Main Street("Dusk-to-Dawn Lawn")as is outlined in Ashland Municipal Code, Chapter 10.46.The purpose of this MOU is to formalize roles, responsibilities,and coordination efforts to support individuals experiencing homelessness while maintaining city property and ensuring community safety. Recitals A. Many individuals who utilize the Dusk-to-Dawn Lawn also access services provided by OHRA. Recognizing the importance of coordinated services and effective communication,the Parties desire to formalize their relationship, roles,and responsibilities concerning the operation of the Dusk-to-Dawn Lawn. B. Numerous community members wish to assist those experiencing homelessness.To ensure that volunteers and community efforts are most effective, it is beneficial for the City and OHRA to work together so that volunteers can best concentrate their efforts within existing institutional frameworks. Therefore,the Parties agree to the following roles and responsibilities: 1. OHRA's responsibilities a. Coordinate volunteer efforts b. Train and coordinate volunteers c. Supply, maintain, and manage an approved storage unit(owned by OHRA) d. Coordinate food, coffee,and other provisions provided through volunteer efforts when available e. Provide a designated point-of-contact for the City 2. City's responsibilities a. Manage the dusk-to-dawn lawn, including determination and enforcement of expulsions b. Provide a designated point-of-contacts)for OHRA coordinator 3. Pallet use: a. The City agrees to allow OHRA to place a storage shed for those who utilize the dusk-to- dawn lawn on the parking lot at 1155 E. Main Street.OHRA shall have sole responsibility for the management, maintenance,and removal costs of the storage shed.OHRA agrees to keep the shed and its surrounding area in a clean and orderly condition. OHRA releases the City from any liability related to damage of the shed or theft or damage of items on or around the storage shed. 4. Termination a. This MOU shall become effective on July 1, 2025, and shall terminate on September 30, 2025, unless earlier termination is implemented. b. Either party may terminate the MOU with 10 days'written notice. c. The City may terminate this MOU immediately if conditions surrounding the storage shed or activities managed and coordinated by OHRA pose a safety risk,are in poor condition,or violate health or safety standards, including but not limited to hazards that could endanger volunteers, participants,or the public. d. In the event of termination, all activities shall cease,and OHRA shall remove its property, including the storage shed,within a reasonable timeframe as determined by the City. 5. Release of Liability a. Both OHRA and the City of Ashland agree to release and hold harmless each other, including their officers, employees,and agents,from any claims, damages,or liabilities arising from injuries,damages,or losses related to activities conducted under this MOU, except in cases of gross negligence or willful misconduct by either party. Notably,OHRA shall indemnify and hold harmless the City for any claims,damages,or liabilities resulting from activities involving the storage shed managed by OHRA. b. Asa condition for volunteer activity related to the dusk-to-dawn lawn, OHRA agrees to require individuals to sign a waiver acknowledging their understanding and acceptance of risks regarding their volunteerism. Therefore,the Parties have executed this MOU,affirming their commitments to the terms and conditions herein: SIGNATURES City of Ashland: Signature; _ Name: Sabrina Cotta Title: City Manager Date: 06/23/2025 OHRA; Signature: Blame: Dan Cano Title: Executive Director Date: 06/25/2025 2 PARTICIPANT AND VOLUNTEER WAIVER OF LIABILTIY TO THE CITY OF ASHLAND This Waiver and Release Agreement(the "Agreement") is made by and between the Participant, named below("Participant"), and the City of Ashland ("City"). 1. Express Assumption of Risk: 1,the Participant,acknowledge and understand that participation in the Opportunities for Housing, Resources,and Assistance (OHRA) dusk-to-dawn lawn volunteer program ("Program"), held on City property, involves inherent risks and hazards.These risks and hazards include, but are not limited to: • Property Loss or Damage:The possibility of theft, loss, misplacement,damage,or destruction of personal property brought to or stored within the Program area. • Exposure to Hazardous Materials:Contact with hazardous materials left by other participants, including but not limited to needles,drug paraphernalia, mold,soiled items, and discarded food. I understand that the City and OHRA will make reasonable efforts to maintain a safe environment but cannot guarantee the absence of all hazardous materials. • Potential for Violence or Disputes:The possibility of disputes among participants regarding property,which may escalate to verbal or physical violence, including assault, harassment,or threatening behavior. Unforeseen Incidents:The potential for accidents,injuries,or other unforeseen incidents related to the Program's activities or the condition of the City property. 2. Release of Liability,Waiver of Claims, and Indemnity Agreement: In consideration for being permitted to participate in the Program, I,the Participant,for myself, my heirs,executors, administrators,and assigns, hereby agree to the following: • Assumption of Risk/Release of Liability: I voluntarily assume all risks of participating in this Program and I waive, release and forever discharge any claim against the City of Ashland, its officers,agents and employees against any claim, loss, liability or expense, including attorneys'fees,that may directly or indirectly result from participation in this activity, even though that liability may arise out of the negligence or carelessness of the persons or parties named in this waiver and release. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT,AND I FULLY UNDERSTAND ITS TERMS,AND UNTERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. Print Name: Signature: Date: 3 UUUUWNNUIU� OH [RA Ashlarid Lawri Coordiria-hori, Final Audit Report 2025-06-,25 Created: 2025-06-23 By: Jordan Rooklyn aordan.rooklyn@ashiand,or.us) Status: Signed Transaction ID: CBJCHBCAABAA2yUl uGocJIFCYU70JJgLeU3PIWiI-UR3 "OHRA Ashland MOO_Ni ght Lawn Coordination" History Document created by Jordan Ro,oklyn Oordan.rooklyn@ashiand.or.us) 2025-06-23-6:07:47 PM GMT Document emailed to Sabrina Cotta (sabrina.cotta@ashland.or.us) for signature 2025-06-23-6:07:51 PM GMT Email viewed by Sabrina Cotta(sabrina.cotta@ashland.or.us) 2025-06-23-9:02:42 PM GMT 6 Document e-signed by Sabrina Cotta (sabrina.cotta@ashland.or.us) Signature Date:2025-06-23-9:07:36 PM GMT-Time Source:server Document emailed to Dan Cano(danc@ohrahelps.org) for signature 2025-06-23-9:07:38 PM GMT Email viewed by Dan Cano(danc@ohrahelps.org) 2025.06-25-4:15:52 PM GMT 6o Document e-signed by Dan Cano (danc@ohrahelps.org) Signature Date:2025-06-25-4:16:38 PM GMT-Time Source:server Agreement completed. 2025-06-25-4:16:38 PM GMT Adobe Acrobat Sign Mul