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Home My WebLink About2011-075 IGA - Sobering CenterINTERGOVERNMENTAL AGREEMENT BETWEEN 1ACKSON COUNTY AND TI-IE CITY OF ASHLAND THIS IS AN AGREEMENT entered into by the City of Ashland (Ashland) and Jackson Coimty (County). This agreement shall be effective July 1, 2011 and expire June 30, 2012. A. STATUTORY AUTHORITY In accordance with aud pursuant to the provisions of ORS Chapter 90, entitled INTERGOV ERNMENTAL 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 fimctions or activities ihat a party ro the agreement has authority to perfom�. By acceptance of tl�is agreement Ashland certifies that it meets the above criteria for eligibility for snch cooperation with the County. As a result of this Agreement and pursuant to ORS 190.030, any tmit of ]ocal government, consolidated department, intergovemmental entity or administrative officers desi�ated herein to perforn� specified functions or activities is vested with all powers, rights and duties relatin� to those fi�nctions and activities that are vested by law in each separate party to the Agreement, its officers and agencies. B. BACKGROUND County fLmds a sobering unit at 338 N Front Street, Medford, Oregon. Ashland has requested to use said soUeri��g unit services. County is willing to offer use ofthe services on the tenns set forth herein. COOPERATION AND SERVICES TO BE PERFORMED 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, 20] 1 through June 30, 2012. Ashland shall pay County $5,300 total for the period July 1, 2011 June 3Q 2012 to use County's sobering unit services. Payment is a lump sum amount; it is not a per capita rate. Payinent in full shall be due no later tl�an September 30, 2011. Upon Ashland's request, County shall subinit an invoice to Ashland reflecring the amount due. Asl�lar�d shall liave 30 days from ihe date of the invoice to tender payment in the amount requested. Ashland, duougli it police department, shall transport individuals in its custody to the sobering unit site. CoLmty will hold such individuals and release them according to standard protocol. 4. Asliland shall comply with all applicable confidentia]ity laws, including but not limited to INTERGOVFRNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND Page 1 0( 3 ORS 179.505, Hea][h lnsurance Portability and Accounting Act and 42 USC 290dd-2. 5. 1NDEMNIFICATION 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 cuslody and transporting individuals to il�e 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 Uiis Agreement, and the County has no other lawfully available fimds, Countymay terminate tliis Agree�nent at the end ofits current fiscal year, with no fiirther liability orpenalty to Ashland. Coimty 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 ]ater 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 ternlinate lhis contract in the event of a breach of the Agreement by the other. Prior to sucli termination the party seeking ternlination 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 Ihe 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. Tl�is Agreement shall become effective only upon the signature of al] 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 W"PERGOVERNMENTAL AGREEMBNT f3ETWEC-N JACKSON COUNTY AND THl C1TY OF ASHLAND Page 2 of 3 .. '. agreement represents and warrants she or he has the authority to execute it. JACKSON COUNTY BY: BY:~~~ J'DANNYJORDAN Coont)' AJIlJimstrator ~ /r IN . Title: Date: Date: INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND Page 3 of 3 Health & Human Services JACKSON COUNTY oregon Penny Bergman Accountanll 1005 East Main Street Medford, OR 97504 Phone: 774-7974 Fax: 774-7980 bergmapl@jacksoncounty.org TTY: 541-774-8138 www.jacksoncounty.org June 10,2011 RECEIVED JUN J), ~Oll U, r'DI(~ Martha Bennett, City Administrator City of Ashland 20 East Main Street Ashland, OR 97520 RE: Intergovernmental Agreement Dear Martha: Enclosed please find the fully executed agreement between the City of Ashland and Jackson County in support of the operation of the sobering unit. Ifthere are any questions or problems please don't hesitate to call. Sincerely, ~~~ Penny Bergman Accountant I Enclosure(s): I '.. ~ ;...... :". '.'. .J ~ . :_~jJ . :",:'1''::1 >"':~"" .