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HomeMy WebLinkAbout2015-119 IGA - Jackson County - Sobering Ctr INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY 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, 2015 and expire June 30, 2016. 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 operations of the sobering unit at the site indicated twenty four hours a day, seven days a week for the period July 1, 2015 through June 30, 2016. 2. Ashland shall pay County $5,300 total for the period July 1, 2015 - June 30, 2016 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, 2015. 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. 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 custody 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 no other lawfully available funds, County may terminate this Agreement at the end of its current fiscal year, with no INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND Page 1 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 of 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 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: ~ A!-4NY JORDAN Title. Title: Counla Adm44i;jt er- Date: Date: Approved f4 lip 14e111,y. APPROVED,A$70 FORM Ashl d City Attorney Date Ass s' 111 CuuntY Counsel INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND Page 2 Health & Human Services Penny Bergman Accountant 4 1 ACKSON COUNTS 140 S.Holly Street Medford, OR 97501 t Phone: 541 774 797 r Health Fax: 541774-7980 & Human Services bergmapl@jacksoncounty.org TTY: (541) 774-8138 www.jacksoncounty.org June 12, 2015 John Stromberg, Mayor City of Ashland 20 East Main Street Ashland, OR 97520 RE: Intergovernmental Agreement Dear Mayor Stromberg: Enclosed please find the fully executed Intergovernmental Agreement supporting the sobering unit located in Medford. If there are any questions or problems please do not hesitate to call us. Sincerely, ,j Penny Bergman Accountant I Enclosure(s): I Page 1 / 1 C1 T Y OF W ASHLAND DATE PO NUMBER • 7/10/2015 12976 20EMAIN S ASHLAND, OR 97 7520 (541) 488-5300 VENDOR: 000090 SHIP TO: City of Ashland - Police Dept. JACKSON COUNTY HEALTH HUMAN SERVICE: 1155 E MAIN STREET 1005 E MAIN ST ASHLAND, OR 97520 MEDFORD, OR 97504 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: contact: Lynn Merrifield Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Jackson County Soberinq Unit 5,300.00 Intergovernmental Aqreement between Jackson County and the City of Ashland Term: July 1, 2015 to June 30, 2016 SUBTOTAL 5,300.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 5,300.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.06.09.00.60416 5,300.00 , ~ - - Gr5 Authoriz Signature /!S VENDOR COPY FO-71131 #3 CITY OF ASHLAND REQUISITION Date of request: 6/25/15 Required date for delivery: Vendor Name 1ack¢nn Cniinty of nragnn Address, City, State, Zip 10 S nakdalp Ave #40 Mpdford OR 97,501 Contact Name & Telephone Number Fax Number Danny Jordan County Administrator SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or S) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ® Agency Jackson County ❑ Form #9, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date ~original contrapproved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: 7 (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Jackson Count Sobering Unit $ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quote/proposal Project Number _ _ _ _ _ _ - _ _ _ Account Number 110.06.09.00.604160 Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes / No By signing this requisition uisition formertifythca -the City'sppuublic contracting requirements have been satisfie EmNto ee:( X DeNartment Hea . ~ Y (Equal krgeater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: ES / NO '&55 -7//O//S- Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition CITY OF -ASH LAN D Council Communication May 19, 2015, Business Meeting Approval of Intergovernmental Agreement between Jackson County and the City of Ashland for Sobering Unit Services FROM: Tighe O'Meara, Interim Chief of Police, tiahe.omearagashland.or.us SUMMARY Jackson County operates a sobering unit in the City of Medford for intoxicated persons. The Police Department has contracted annually since 2003 with Jackson County to use the sobering unit to lodge intoxicated persons. The amount paid annually by the City of Ashland for this sobering unit service in recent years has been $5,300 and is proposed to be the same for the upcoming period of July 1, 2015 through June 30, 2016. BACKGROUND AND POLICY IMPLICATIONS: This cooperative arrangement for the sharing of the facility and provision of services has worked smoothly over the years and has benefited both the County and the City of Ashland at a modest cost. COUNCIL GOALS SUPPORTED: 23. Support innovative programs that protect the community. FISCAL IMPLICATIONS: The cost of this agreement is included in the Police Department's budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the City Council approve funding the Intergovernmental Agreement between Jackson County and the City of Ashland for Sobering Unit services. SUGGESTED MOTION: I move to approve the Intergovernmental Agreement between Jackson County and the City of Ashland for Sobering Unit Services. ATTACHMENTS: Intergovernmental Agreement between the City of Ashland and Jackson County for sobering unit participation Page 1 of 1 V