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HomeMy WebLinkAbout2008-109 IGA - Sobering Unit INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND THIS IS AN AGREEMENT entered into this first day of July 2008, 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 funds a sobering unit at 338 N Front Street, Medford, Oregon. Ashland has requested to use said 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 continue to either operate or subcontract for the operation of the sobering unit at the site indicated twenty four hours a day, seven days a week for the period July 1,2008 throll:gh June 30, 2009. 2. Ashland shall pay County $5,300 total for the period July 1,2008 - June 30, 2009 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 September 30, 2008. 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 it 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. Page 1 of 3 INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND TIlE CITY OF ASlll..AND 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. 5. INDEMNIFICATION The City of Ashland is not providing services but purchasing services through Jackson County, or its contractor. Accordingly, to the extent permitted by Article 11, Section 7, and Article 11, Section 10 of 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 reason of any error, act or omission of the other, its officers, employees, agents and contractors pursuant to this Agreement. Such indemnification shall also cover claims brought against either party under state or federal employees' compensation laws. Provided however, Jackson County shall not be held responsible for any claims, actions, costs, judgments or other damages, directly and proximately caused by the criminal or wanton acts of the City of Ashland employees or the negligence of the City of Ashland. Similarly, the City of Ashland shall not be held responsible for any claims, actions, costs, judgments or other damages, directly and proximately caused by the criminal or wanton acts of the Jackson County employees or the negligence of Jackson County. 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. 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 7. 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 services. 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 Page 2 of 3 INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND 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/MODIFICA TION 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 between the parties and supersedes any and all prior oral or written express and/or implied statements, negotiations or agreements between parties, except as otherwise noted herein. This Agreement shall become effective only upon the signature of all parties. Each party, by signature below of it authorized representative, hereby acknowledges that it has read this agreement, understand 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. JACKSON COUNTY Date: l ~ 1 ~ooB By:C:.70---~ y-- Title:CQx1tk1 AOm((l\~q~ Date: 6-! ~D I~ Approved as to Legal Sufficiency: ~ Alyssa R. Bartholomew Senior Assistant County Counsel Page 3 of 3 INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND TIlE CITY OF ASHLAND