HomeMy WebLinkAbout2026-059 AGRMT OHRA Severe Weather Shelter AGREEMENT FOR COORDINATING SERVICES AND OF SEVERE WEATHER SHELTER
BETWEEN CITY OF ASHLAND 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 be
effective upon the date of the last signature ("Effective Date").
WHEREAS, City and OHRA enter into this Agreement to identify their roles and
responsibilities for providing severe weather shelter accommodations to vulnerable
persons who require safety and protection from exposure due to extreme weather
conditions.
WHEREAS,the City acknowledges the necessity of providing institutional support to the
shelter to ensure efficient and sage management.
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 the Effective Date through October 15, 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 $6,000.00 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 Dare.
3. OHRA's Obligations.
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. Severe Weather. When weather conditions reach the thresholds stated in
Resolution 2022-33 (Exhibit A) OHRA will open the severe weather
shelter for drop-in guests while the severe weather conditions outlined in
the Resolution exist.
ii. Location.The location of the Severe Weather Shelter will be at 2350
Ashland St in Ashland, Oregon, unless otherwise agreed, in writing, by
both parties.
b. Responsibilities. OHRA agrees to undertake the scope of work as outlined in
Exhibit 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 be solely responsible for wages and benefits paid to any
employees or contractors working for OHRA.
ii. OHRA will ensure that staff are adequately trained for the authorized,
safe, and lawful operation of the Severe Weather Shelter. Training
elements include relevant emergency plans, first aid, abuse prevention,
de-escalation, trauma-informed care, safety precautions, and emergency
communications related to the Severe Weather Shelter.
iii. OHRA will coordinate with the City's designated point-of-contact on
anticipated weather forecasts and the need for a severe weather shelter.
4. City's Obligations.The City will provide communication and distribution of notices for
the Severe Weather Shetler, in coordination with OHRA.
5. Payment.All payments made to OHRA under this Agreement should be sent to the
following address: P.O. Box 1133, 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.
a. All or part of this Agreement maybe terminated by mutual consent by both
parties; or by either party at anytime, upon thirty(30) days' notice in writing and
delivered by certified mail. In 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 diem 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 written notice of such
breach. If the breach is of such nature that it cannot be completely remedied
within the 10-day period, this provision shall be complied with if correction of
the breach begins within the 10-day period and thereafter proceeds with
reasonable diligence and in good faith to affect the remedy as soon as is
practicable.
8. Assignment. OHRA shall not assignor 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 as OHRA
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 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 OHRA 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 OHRA for three years from
the date of the completion of work 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 or damage to property, that anyone may
have or assert by reasons of any negligence or willful misconduct of the other, its
officers, employees or agents.The City of Ashland 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 to be illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity
of the remainder of this indemnification.
11.Independent Contractor Status. OHRA is an independent contractor and neither
OHRA nor anyone performing work pursuant to this Agreement and under OHRA's
auspices is an employee of the City. OHRA shall have complete responsibility for
performance of its 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's obligations.
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 is
extended to the other parties or volunteers; however, the City will maintain existing
property coverage of the facility.
OHRA shall hold the following liability insurance limits and name the City of Ashland as
an additional insured party: general liability insurance with a combined single limit, or
the 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 is to 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 to further pursue the
dispute, all parties waive their right to a trial byjury.
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
20 East Main Street
Ashland, OR 97520
O H RA:
P.O. Box 1133
Ashland, OR 97520
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.
CITY OF ASHLAND
By: ,7UrY,&iy ��w
Title: Deputy City Manager
Dated: 6/22/26
OHRA
By: Da4f-
Title: Executive Director
Dated: June 12, 2026
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 a c c e s s t o 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 1. This resolution repeals and replaces Resolution 2013-04.
SECTION2. Provision of Emergency Shelter During Severe Weather Events
1) 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
factors as wind chill, precipitation, number of days' duration or in instances where the National
Weather Service issues a Weather Warning.
• The general threshold for calling an extreme 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 human life without adequate
shelter.
SECTION 3. City's Role in Instances of Emergency Shelter
Resolution No. 2022-33 Pagel of
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.
0 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.
0 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:
4 City's non-profit shelter coordinator to determine the feasibility of
initiating emergency shelter operations, including the availability of
volunteer staffing, and
4 The City's Parks and Recreation Department and other facilities
management to determine if a city facility or facilities 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.
SECTION 5. Emergency shelter will be operated consistent with the attached Severe Weather Shelter
Operations Policy.
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 12023.
Tonya Gr am, Council Chair
Reviewed as to form:
Doug M-e eary, Interim City Attorney
Resolution No. 2022-33 Page 3 of 3
Ashland Severe Weather Shelter June—October 2026
Exhibit B—Scope of Work
Opportunities for Housing, Resources, &Assistance(OHRA) shall be responsible for:
• Providing necessary furniture and other supplies for shelter operational needs.
• Hiring, training, and overseeing on-site staffing, which OHRA deems adequate to
safely operation the Ashland Severe Weather Shelter.
• Maintaining the onsite presence of at least one staff member while 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 treatment and recovery services to guests, to
the best of OHRA's ability, including access or referral to supportive housing, peer
support services and counseling, community navigators, case management, and
connections to community-based services.
• Maintaining general insurance for Ashland Severe Weather shelter operations.
• Providing an end-of-action report that summarizes the use of shelter, including:
o Total number served
o Bed nights provided
o Average length of stay
o Exit outcomes (if known)
o Lessons learned about needs, the facility, or shelter provision