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HomeMy WebLinkAbout2025-134 AGRMT OHRA AGREEMENT FOR COORDINATING SERVICES AND OF SEVERE WEATHER SHELTER BETWEEN CITY OFASHLAN0 AND OHRA This Agreement ("Agreement") by and between THE CITY OF ASHLAND, a municipal corporation (hereinafter "City") and Opportunities for Housing, Resources and Assistance ("OHRA"), a 501(c)/3\ corporation registered in Oregon, (collectively the "Parties"), shall | b8 effective upon the date of the last signature Date"). WHEREAS, City and OHRA enter into this Agreement to identify their roles and responsibilities for providing severe weather shelter accommodations 1ovulnerable persons who require } safety and protection from exposure due tUextreme weather conditions. WHEREAS, the City acknowledges the necessity of providing institutional support to the shelter to ensure efficient and safe management. In partnership with OHRA, the City recognizes the � business continuity needs of OHRA to operate the shelter located at 2200 Ashland Street, ` Ashland, [)R9752O (the "SevereVVeather�he|ter") overcon�a�u�ven|�hts. | ` ' / WHEREAS, this Agreement also incorporates the public policy of the Council to provide � emergency shelter services in the conditions outlined in Resolution 2022-33. � THEREFORE, in consideration for the mutual covenants contained herein, the Parties agree as follows: � AGREEMENT � 1. Duration. Except for termination as provided herein, the term of this Agreement shall be from December 1, 2025 through April 1, 2026, unless otherwise agreed, in writing, by both � � parties. � � , 2. Budget Limitations. In no event shall OHRA's total of all compensation and reimbursement � under this Agreement exceed $30,000.00 without express, written approval from the City. � OHRA acknowledges that any work delivered in excess of this budget limitation is done at OHRA's own risk and on a volunteer basis without expectation of compensation or � } reimbursement. Payment is due 30 days after this Agreement's Effective Date. / 3. OHRXSOb|igadmny. a. Severe Weather Shelter Operation. OHRA agrees to operate the Severe Weather | | Shelter in accordance with the terms of this Agreement and under the following ! � terms: � i Access. UHRA staff will have access to the Severe Weather Shelter starting on ` December l, 2O2S. i | 1 | | � �U. Starting on December 5, 2O25, the Severe Weather Shelter operations shall consist ofa nightly sheker, uithnperabnghuuofronn 5:00pnn to 10:00ann, for upto 30 registered Quests. OHRAvvi|| not allow guests to remain on facility grounds outside of these operating hours. iii. Severe Weather. When weather conditions reach the thresholds stated in Resolution 2022-23 (Exhibit/\) OHRA will expand the Severe Weather Shelter to operate for 24 hours and open additional shelter space for drop-in guests while the severe weather conditions outlined in the Resolution exist, b. Responsibilities. OHRA agrees to undertake the scope of work as outlined inExhibit B.To fulfill this scope, OHRA will make all necessary arrangements and commitments to ensure that both paid staff and volunteers are present at the Severe Weather Shelter. Additional responsibilities include: i. OHRA shall execute and enforce City approved waivers, which shall include code of conduct conditions, for all individuals utilizing the Severe Weather Shelter. }i OHRA. shall be solely responsible for wages and benefits paid toany employees or contractors working for OHRA. OHRA shall comply with the Ashland Municipal Code by paying a living wage, as defined in AMC].1I, to all persons paid to perform work under this Agreement and to any subcontractor paid to perform 9096 or more of the service work under this Agreement. OHRA agrees to fulfill the requirement it post the living wOQe notice prominently h areas where all ks employees W|| see it. c. Training. OHRAvvi|| ensure that staff are adequately trained for the authorized, safe, and lawful operation of the Severe Weather Shelter. i. OHRA agrees to provide training on relevant emergency plans, first aid, abuse prevention, de-esca|ation, trauma-informed care, safety precautions, and emergency communications related to the Severe Weather Shelter. d. Communication. OHRAvvi|| provide communication and distribution Uf notices for the nightly shelter.The City will provide communication and distribution of notices for the Severe Weather Shelter, in coordination with OHRA. 4- City obligations.The City shall make the Severe Weather Shelter at 2200 Ashland Street, available under the terms of this Agreement to OHRA so it may fulfill its shelter obligations as set forth in this Agreement. Additional obligations of the City include: a. City will take on the utility costs of the Severe Weather Shelter, which include services associated with water, electric, heat, garbage service, internet, phone, security cameras, lighting and costs associated with building/grounds maintenance. 2 b. City will maintain and takes responsibility for general insurance for related to the shelter building and grounds, but not for negligent management associated with shelter management. c. City will ensure the completion of and payment for any improvements to the . building relating to the facility needs of the Severe Weather Shelter, including fence and gate installation and repairs, temporary heating needs, and any other construction for planned upgrades and any permit and planning fees associated with those upgrades or any other improvements. } S. Payment. All payments made to OHRA under this Agreement should be sent to the following address: PO. Box 1133, Ashland, OR9752O 6. Real mr Personal Property.There shall beno transfer of title or possession to any real or � personal property interest pursuant tO this Agreement. � / 7. Termination. a. All or part of this Agreement may be terminated by mutual consent by both parties; or by either party at any time, upon thirty(30) days' notice in writing and delivered by certified mail. |n the event of termination of the Agreement, each party shall be � responsible for its own costs and expenses in complying with the Agreement. In the event of termination or breach, payment shall be calculated on a per them basis. � b. 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/or fails or | neglects to correct the same within 10 days after vvr|t±eD notice of such breach. If � � the breach is of such nature that it cannot be completely remedied within the � 1O'd8yperi0d, thisproxisionshaUbeconnp|iedxvithifcorrecbonofthebreaoh � begins within the 1O-dey period and thereafter proceeds with reasonable diligence � and in good faith to affect the remedy ms soon aoiSpracticable. 8. Assignment. [)HRA shall not assign or transfer any interest in this Agreement without � ! 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 asOHRA remains primarily responsible to the City for the performance of such provision or obligation. 9. Inspection of Records. OHRA shall maintain books, records, documents, and other evidence � and accounting procedures and practices sufficient tU properly reflect all costs ofwhatever � nature claimed to have been incurred and anticipated in the performance of the Agreement. � The City and its duly authorized representatives shall have access tothe books documents, papers, and records of(]HRAwhich are directly pertinent to the Agreement for the | � 3 � � purpose of noWWng audit, examination, excerpts and transcripts. Such books and records shall be maintained bv OHRA for three years from the date of the completion ofwork unless a shorter period is authorized in writing. OHRA is responsible for any OHRA audit discrepancies involving deviation from the terms of the Agreement. 10. Indemnification.The City of Ashland is not providing services but rather purchasing services from OHRA. Accordingly, 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 0r damage to property, that anyone may have or assert by reasons of any negligence or willful misconduct ofthe other, its officers, employees oragents. 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 OHRA, its employees, or agents, or its volunteers. If any aspect of this indemnity shall be found tobe illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity ofthe remainder of this indemnification. 11. Independent Contractor Status. OHRA ison independent contractor and neither OHRA nor anyone performing work pursuant to this Agreement and under OHR/Ys auspices isan employee of the City. OHRA shall have complete responsibility for performance ufits 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 'sobligations. 12. Insurance. Each party is responsible for its own insurance and coverage relating to claims arising from providing or staffing a Severe Weather Shelter. No City coverage |u extended to the other parties or volunteers; however, the City will maintain existing property coverage of the facility. OHRA uhm|| hold the following liability insurance limits and name the City ofAshland as an additional insured party:general liability insurance with a combined single limit, nrthe 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, of not less than $2,000,000 (two million dollars) per occurrence. This isto cover any damage caused by error, omission or negligent acts related to the services provided under this Agreement. 13. Dispute Resolution. City and OHRA 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 10 further pursue the dispute, all parties waive their right toathai by jury. 14' Notice and Representatives. Unless personally served, all notices, certificates, or � communications shall be delivered or mailed postage prepaid 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 ZU East Main Street Ashland, OR9752U / O���� i RO. Box 1133 Ashland, OR9752O | IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two(2) | duplicate originals, either asindividuals, o/ by their officers theneunto duly authorized. � CITY 0FASHLAND BY: SabhnaCotta � Title: "`' ',' ! � Dated: ' UHRA � By: - Title: Executive Director � � � Dated: 11/28/2025 ( , ' � | 5 | Exhibit A RESOLUTION NO . 2022-33 A RESOLUTION REPEALING RESOLUTION NO. 2013-04 AND SETTING POLICIES AND CONDITIONS UNDER WHICH ASHLAND WILL ACTIVATE SEVERE WEATHER EMERGENCY SHELTER FACILITATION RECITALS: A. Ashland is in an area that has four distinct seasons, all of which can exhibit extreme conditions due to severe weather events that can be hazardous to persons without access to adequate heating,cooling, sheltering or air quality resources. B. The City of Ashland desires to set forth the conditions under which it will call for the availability of protective or emergency sheltering during severe weather-related events and the policies related to the procedures the City will take to determine when to call of a shelter and how the City will coordinate with community volunteers and disseminate information on such emergency shelter. \THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION I. This resolution repeals and replaces Resolution 2013-04. SECTION 2. Provision of Emergency Shelter During Severe Weather Events I Ashland will facilitate the provision of protective or emergency shelter within available resources as set forth here during times of extreme weather. Calling or activating a severe weather shelter is subject to practical considerations which may include,but are not limited to, identifying an available facility/facilities appropriate for the intended use,the ability to operate the shelter(s) in a safe manner for all potential users and supporting volunteers/staffing, the capacity of the shelter operations to adhere to the Severe Weather Shelter Operations Policy(attached), and the availability and level of necessary resources to support shelter operation. Necessary resources include volunteer support and contracted/city staffing, authorized and available funding, The City's ability to address or manage practical considerations will impact its ability to call for or maintain over time a severe weather shelter. For purposes herein, weather conditions shall be considered extreme under the following: • The general threshold for calling a cold weather shelter: 32 degrees or below considering such ZZ, factors as wind chill, precipitation, number of days' duration or in instances where the National Weather Set-vice issues a Weather Warning, • The general threshold for calling an extreirie beat shelter: 95 degrees or above depending upon other factors such as humidity,UV index,and overnight lows or in instances where the National Weather Service issues an Extreme Heat warning, • The threshold for calling a smoke related shelter: an air quality index of 150 and above or designation of"unhealthy for everyone")or above. • And/or any combination of weather conditions, community circumstances including interruption of electric or essential city services, which, at the discretion of the City Manager, or their designee, make conditions hazardous to burrian life without adequate shelter. SECTION 3. City's Role in Instances of Emergency Shelter Resolution No. 2022-33 Page 1 of 3 1) The City Manager, or their designee,will fulfill the following duties: « Shelter Activation: Determine when the City will activate the provision or opening of protective or emergency shelter and approve the use of City resources for this purpose. 48 Hour Notice: The City will strive to provide 48-hour notice,unless in times of sudden severe weather conditions to contracted shelter provider to allow ample time for volunteer coordination and dissemination of information to the public. ® -Communication: Communicate between internal City staff and the community. This will include communication between non-profits contracted to provide shelter coordination and City staff involved/concerned with sheltering activities, including but not limited to staff from Emergency Operations,Ashland Fire and Rescue,the Community Emergency Response Team (CERT) Coordinator or other AFR staff as designated by the Fire Chief,Ashland Police, Ashland Parks and Recreation, and City Administration, as well as with the Mayor and City Council, and other elected and appointed officials. Communication will include coordination with or use of Nixle alerts as appropriate. The. communication should provide information to the public regarding shelter information,which could include posting new items on the City's website,notifying 211,and posting information about shelters on the City's social media platforms. Shelter Coordination: Protective and emergency weather shelter will be staffed by community and/or CERT volunteers. The City will take steps within funding appropriated for the purpose to contract with a third-party non-profit organization to provide shelter coordination and oversight, including volunteer coordination and the provision of liability insurance to cover all emergency shelter related activities. Contracted shelter coordination may also include soliciting,vetting, and providing trainings to shelter volunteers(in coordination with CERT volunteer trainings),maintaining a shelter volunteer contact list,and coordinating with the City staff regarding background checks for shelter volunteers. These items and any additional duties will be outlined in a separate shelter coordinator service contract. The City will arrange for the provision of materials and resources as needed to protect those managing and utilizing its facilitated emergency shelter. Materials and resources will also be made available for the training of protective and emergency shelter associated staff and volunteers. Shelter coordination should also include periodic or regular meetings as necessary between City staff,the non-profit shelter coordinator and volunteer participants/stakeholders to debrief event management and review shelter processes/procedures for planning and coordinating improvement. 2) Emergency shelter during or in anticipation of a severe weather event may require the use of an available city owned building/facility. Previously booked/scheduled groups in those locations will be subject to cancellation in such a case. The City will endeavor to establish an appropriate, permanent location and facility for emergency weather shelter for the community. SECTION 4. Severe Weather Activation Provisions for emergency shelter will be activated as follows: a) When the City Manager, or their designee, determines that weather conditions are or are Resolution No. 2022-33 Page 2 of 3 likelyto become "extreme," they will contact the City's Emergency Operations Officer or CERT Coordinator to confirm the emergency circumstances and activate the provision of protective or emergency shelter. b) Emergency Operations Officer or CERT Coordinator will,in turn, contact the following: City's non-profit shelter coordinator to determine the feasibility of initiating emergency shelter operations, including the availability of volunteer staffing, and The City's Parks and Recreation Department and other facilities management to determine if a city facility orfacilities are available for the sheltering event. If no Suitable City building is available, city staff and the non-profit shelter coordinator will work with community partners toward securing a sheltering location elsewhere in the city. c) The Non-profit Shelter Coordinator will contact designated representatives from volunteer organizations to arrange for on-site volunteers at the shelter. d) The CERT Coordinator or other AFR staff as designated by the Fire Chief,will put out a call for volunteers through the CERT system annually to notify them of shelter training availability. e) Shelter volunteers should bring their own cell phones in case of emergency. SECTIQN 5. Emergency shelter will be operated consistent with the attached Severe Weather Shelter Operations Policv. SECTION 6. This resolution takes effect upon signing by the Mayor. ADOPTED by the City Council this 6th day of December, 2022. ATTEST: Dana Smith, Clerk of the Council Pro Tern SIGNED and APPROVED this day of 2023. Tonya Gr am, Council Reviewed as to form: Doug M.JG'eary, Interim City Attorney Resolution No, 2022-33 Page 3 of 3 Ashland Severe Weather Shelter 2025-2026 Exhibit B—Scope mfWork Opportunities for Housing, Remmurceo, &Assistance(OHRA)shalt be responsible for: m Providing necessary bedding,furniture, and other supplies for shelter operational needs. ^ * Hiring,training, and overseeing on-site staffing,which OFIRA deems adequate to safety operate the Ashland Severe Weather Shelter. • Maintaining the onsite presence of at Least one staff member white the shelter is / operating. • Providing an intake process and approving of guests in accordance with criteria for Low Barrier Shelter requirements. • Providing the full continuum of care of treatment and recovery services to guests,to the . best of 0HRAs ability, including access or referral to supportive housing, peer support ! services and counseling, community navigators,case management, and connections to � � community-based services. * Cleaning,sanitizing and stocking needed sanitation supplies. ° Maintaining general insurance for Ashland Severe Weather Shelter operations. m General oversight of Ashland Severe Weather Shelter building and grounds during periods of operation, reporting any building issues tO the City, and maintaining walkways eothey � are accessible in inclement weather. � ! w Providing @DeDd-of-8od0n report that summarizes the use 0f shelter, including: u Total number served o Bed nights provided / o Average Length 0fstay ` ` o Exit outcomes (if ` ' � o Lessons Learned about needs,the facility, Or shelter provision / i � | � ' , ! �