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Home My WebLink About2004-218 IGA - Jackson CountyJACKSON COUNTY Penny Bergman 1005 E. Main Street Medford, OR 97504 Phone: 541 774-7806 TTY: (541) 774-8138 Fax: 541 774-7980 bergmapl@jacksoncounty.org www.jacksoncounty.org September 1, 2004 Fran Berteau City of Ashland 20 East Main Street Ashland OR 97520 Dear Fran: Intergovemmental Agreement Enclosed please find the completed agreement between Jackson County and the City of Ashland in support of the sobering unit. Thank you for all your efforts in getting this agreement completed! Sincerely, Penny Bergman Enclosure(s): 1 INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND THIS IS AN AGREEMENT entered into this 30th day of August, 2004 by Jackson County (County) and the City of Ashland (Ashland). A. STATUTORY AUTHORITY 1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled INTERGOVERNMENTAL COOPERATION, the County is authorized to enter into a 'written agreement with any other unit of local government for the performance of any or all functions or activities that a party to the agreement has authority to perform. By acceptance of this agreement Ashland certifies that it meets the above criteria for eligibility for such cooperation with the County. 2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local government, consolidated department, intergovernmental entity or administrative officers 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 the Agreement, its officers and agencies. B. BACKGROUND County operates a sobering unit at 338 N Front Street, Medford, Oregon. Ashland has requested to use County's sobering unit services. County is willing to offer use of the services on the terms set forth herein. COOPERATION AND SERVICES TO BE PERFORMED 1. County will maintain and operate the sobering unit at the site indicated twenty four hours a day, seven days a week, provided continued funding is available to operate the unit. 2. Ashland shall pay County $6,000.00 total for the period July 1, 2004 - June 30, 2005 to use County's sobering unit services. Payment is a lump sum amount; it is not a per capita rate. Payment in full shall be due no later than January 1, 2005. Upon Ashland's request, County shall submit an invoice to Ashland reflecting the amount due. Ashland shall have 30 days from the date of the invoice to tender payment in the amount requested. 3. Ashland, through its police department, shall transport individuals in its custody to the sobering unit site. County will hold such individuals and release them according to standard protocol. 4. Ashland shall comply with all applicable confidentiality laws, including but not limited to ORS 179.505, Health Insurance Portability and Accounting Act and 42 USC 290dd-2. INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND Page I or 3 5. INDEMNIFICATION Ashland shall indemnify, hold harmless and defend County, and pay for, any claims relating to the negligent acts or omissions of its employees, agents, or officers related to taking into custody and transporting individuals to the County sobering unit. 6. APPROPRIATION FOR FUNDING Notwithstanding any other provision of the Agreement to the contrary, in the event insufficient funds are appropriated for performing this Agreement, and the County has no other lawfully available funds, County may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to Ashland. County shall deliver written notice to Ashland of such termination pursuant to the terms set forth in section F. 7. TERMINATION 7.1. Mutual Consent. This Agreement may be terminated at any time by mutual consent of both parties. 7.2. For Cause. County 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 County if County funding from federal, state, or other sources is not obtained or continued at current levels of service. 7.3. For Default or Breach. Either County or Ashland may terminate this contract in the event of a breach of the Agreement by the other. 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 breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 8. CONSTRUCTION/MODIFICATION This Agreement may not be amended, changed or modified in any way, except by written agreement signed by all parties. This Agreement constitutes the entire agreement betwe, en the parties and supersedes any and all prior oral or written express and/or implied statements, negotiations or agreements between the parties, except as otherwise noted herein. This Agreement shall become effective only upon the signatures of all parties. Each party, by signature below of its authorized representative, hereby acknowledges that it has read this agreement, understands it and agrees to be bound by it. Each person signing this agreement represents and warrants she or he has the authority to execute it. INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND P~gc 2 or 3 CITY OF ASHLAND BY: Gino Grimaldi Title: City Administrator REVIEWED AS TO FORM: JACKSON COUNTY BY: Susan E. Slack Title: County Administrator INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND P~g~ 3 of 3 PO Number 05457 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER'S COPY I!:::::::: DATE::: :.~ ;/30;2004 ........ I Page 1 / 1 VENDOR: 000090 JACKSON COUNTY HEALTH &, HUMAN SERVIC 1005 E MAIN ST MEDFORD, OR 97504 SHIP TO: City of Ashland (541 ) 488-6002 20 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Special Inst: Req. No.: Dept.: POLICE Contact: Gino Grimaldi- Police Confirming? No THIS IS A REVISED PURCHASE ORDER s~berin.q unit at 33~?. Front Street, 1, 2004 to June ~, ~. Intergovernmental ~re~ment SUEITOT& 6,000.00 BILL TO: Account Payable T~ 0.00 20 EAST MAIN ST FREI6HT 0.00 541-552-2028 TOT~ 6,000.00 ASHLAND, OR 97520 E 110.06.11.04.604160 6,000.00 VENDOR COPY CITY OF -ASH LAN D Today's Date: 9/9/04 Requested Check Issue Date Please note Vendors are paid Net 30 (30days) from today's date if not otherwise specified. Request(s) must be in Accounts Payable Inbox by 5:00pm Friday to be issued the following Friday. Request for Check To be used for the following:. · Rebates, Refunds or Reimbursements (not employees) Advanced payments for Books/Schools/Registration/Hotels (attach documentation) · State/County Assessments · Grants and Debt Services Payee: JACKSON COUNTY Address: 1005 E. MAIN STREET City, State: MEDFORD, OR 97504 Ashland's share of operation of County sobering unit at 338 N. Front Street, Medford. Sum of $6,000 for period July 1, 2004 - July 30, 2005. /,~,~.~ 110.06.11.04.604~/r~, 69 $6,000.00 Requested b~' ~~~ Approved by: ~/// (~',f H:XFRANhMisc Memos\Request for Sobering Unit check for $6000.doc Remm check to: Send check with attachment Updated on :09/15/04