Loading...
HomeMy WebLinkAbout2012-160 IGA - Jackson Cty Sobering Unit INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COLINTY.AND THE CITY OF ASHLAND THIS IS AN AGREEMENT entered into by the City of Ashland (Ashland) and Jackson County (County). This agreement shall be effective July 1, 2012 and expire June 30, 2013. A. STATUTORY AUTHORITY 1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled INTERNGOVERNMENTAL 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 designed herein to perform specified functions or activities is vested with all powers, rights and duties relating 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 operations of the sobering unit at the site indicated twenty four hours a day, seven days a week for the period July 1, 2012 through June 30, 2013. 2. Ashland shall pay County$5,300 total f the period July 1, 2012—June 30, 2013 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, 2013. Upon Ashland's request, County shall submit an 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. i INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND CITY OF ASHLAND Page 1 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 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 custody8 and transporting individuals to the County sobering unit. 6. APPROPRIATIONS 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 not 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. RENEWAL AND TERMINATION 7.1. Renewal. The parties may renew this Agreement annually for up to five (5) additional years without further approval by the Ashland City Council provided (1)the Agreement has not been terminated as provided below and neither party is in breach of the Agreement; (2) each yearly renewal is documented in a writing signed by the Ashland City Administrator and an authorized representative of the County; and (3)the services to be provided by the County and the funding to be provided by Ashland remain substantially the same. 7.2. Termination by Mutual Consent. This Agreement may be terminated at any time by mutual consent of both parties. 7.3. Termination 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 source is not obtained or continued at current levels of services. 7.4. Termination For 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 anytime thereafter by a written notice of termination by the party giving notice. INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND CITY OF ASHLAND Page 2 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 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 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. CITY OF ASHLAND JACKSON COUNTY By: By: • i'�- , � Title: ! u Title: .DANNY JORDAN r Date: Date: l t Approv as to Form As d City rney INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND CITY OF ASHLAND Page 3