HomeMy WebLinkAboutRogue Retreat - For Homeless Shelter Beds Between the City and Rogue RetreatAGREEMENT FOR HOMELESS SHELTER BEDS
BETWEEN
THE CITY OF CENTRAL POINT AND ROGUE RETREAT
This Agreement ("Agreement") is entered into between the City of Central Point, a
municipal corporation ("City") and Rogue Retreat, an Oregon nonprofit corporation
("Rogue Retreat"), in consideration of the mutual benefits, terms and conditions hereafter
specified.
WHEREAS, Rogue Retreat is a nonprofit entity that has successfully administered
multiple homeless shelter programs in Jackson County, including the Urban Campground,
Hope Village, and the Kelly Shelter (the "Shelter Premises");
WHEREAS, Jackson County has conducted its Annual Point in Time Count
("PIT") to identify homeless or unhoused persons in Jackson County, and the PIT identified
that at any given time, the City has 5 or less homeless or unhoused persons residing in City
limits. The PIT count is consistent with the City's historical/empirical evidence;
WHEREAS, the City desires that all homeless or unhoused persons in City limits
are afforded a location in which to keep warm and dry and are afforded basic sanitation
and sleeping arrangements; and
WHEREAS, the City desires to contract with Rogue Retreat to provide homeless
shelter beds in Jackson County.
NOW THEREFORE, the parties agree as follows:
1. Provision of Shelter Beds. Rogue Retreat agrees to provide five (5) homeless shelter
beds for homeless or unhoused persons transported by the City of Central Point at any
of its available shelters, campgrounds, or housing facilities at any given time. The
appropriate shelter space shall be determined by Rogue Retreat given its availability,
needs of the person being housed and other relevant criteria. The scope of the services
is further described in Exhibit "A" incorporated herein by reference.
2. Points of Contact.
2.1. Rogue Retreat Contact Points. Rogue Retreat will designate a point of contact
who shall be responsible for communications with the City's police department for
shelter needs, including but not limited to, assistance with training, education and
homeless intake. Additionally, Rogue Retreat will provide the City with contact
information for campground managers who can assist in urgent situations.
2.2. Central Point Police Contact Points. The intention of this Agreement is for both
parties to work cooperatively and collaboratively should any issues arise,
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including, but not limited to the potential that any individual transported by the
City to a Rogue Retreat shelter is disruptive to the point of necessitating a call to
law enforcement. In the event of any issues, Rogue Retreat and/or Medford Police
Department, may call upon the City, including the Central Point Police
Department, to assist in diffusing said issue. The City will designate a primary
contact point to assist with such requests as they may arise.
3. Term. Unless extended or earlier terminated under this Agreement, the term of this
Agreement is from May 1, 2022 through April 30, 2023. Thereafter, this Agreement
will renew automatically for successive one-year terms unless one party notifies the
other party at least 45 -days prior to the end of the then effective Term of its intent not
to renew.
4. Payment. City shall pay Rogue Retreat an annual fee of $60,000.00 for provision of
shelter beds and services each term. Payment shall be due on an annual basis, at the
start of each Term.
5. Additional Shelter Beds. In the event the City should require more than 5 shelter bed
spaces at any given time, Rogue Retreat agrees to use best efforts to accommodate
City's temporary need.
6. Reporting.
Quarterly, Rogue Retreat will provide to the City a report summarizing client numbers
and demographics for shelter services, and the types of services provided to each person
transported by City.
7. Insurance.
7.1. Rogue Retreat's Insurance. During the Term, Rogue Retreat shall obtain and
keep in force, policies of insurance as follows:
7.1.1. Workers' Compensation Insurance, for employees and covered
volunteers in an amount or amounts that are not less than the required
statutory minimum(s) as established by the State of Oregon.
7.1.2. Commercial Automobile Liabilitv Insurance providing bodily injury
and property damage liability coverage for all owned and non -owned
vehicles assigned to or used in the performance of the work for a
combined single limit of not less than $500,000 each occurrence.
7.1.3. General Commercial Liabilitv Insurance in an amount not less than a
single limit of one million dollars ($1,000,000) per occurrence and
aggregate of not less than two (2) times the occurrence amount
($2,000,000) for bodily injury, including death and property damage.
Rogue Retreat shall name City as additional insured and shall provide
evidence of such insurance coverage by way of an endorsement
reflecting that insurance follows these requirements.
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7.2. City's Insurance. During the Term, City shall obtain and keep in force, policies
of insurance as follows:
7.2.1.Workers' Compensation Insurance, for employees and covered volunteers
in an amount or amounts that are not less than the required statutory
minimum(s) as established by the State of Oregon.
7.2.2. Commercial Automobile Liabilitv Insurance providing bodily injury and
property damage liability coverage for all owned and non -owned vehicles
assigned to or used in the performance of the work for a combined single
limit of not less than $500,000 each occurrence.
7.2.3.General Commercial Liabilitv Insurance in an amount not less than a single
limit of one million dollars ($1,000,000) per occurrence and aggregate of
not less than two (2) times the occurrence amount ($2,000,000) for bodily
injury, including death and property damage, unless a greater amount is
specified in the contract.
7.3. Failure by either party to take or maintain any required insurance shall not
relieve such party from any liability under the Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations
concerning indemnification.
8. Indemnity
8.1. By City. City shall indemnify, defend, and hold harmless Rogue Retreat and
its managing agents and employees from any claim, liability, damage, or loss,
or any cost or expense in connection therewith (including reasonable attorney
fees), arising out of (a) any damage to any person or property occurring in, on
or about the Shelter Premises as the result of the negligence or willful
misconduct of City or its elected officials, officers, employees, contractors,
agents, invitees, and volunteers (collectively, "City Parties"); and/or (b) City's
or any City Party's breach or violation of any term of this Agreement. City's
liability and obligations under this Section 8 and this Agreement are subject to
the limitations and conditions of the Oregon Constitution, Article XI, Sections
7 and 10, and the Oregon Tort Claims Act, including specifically subject to and
within the financial limits and conditions set forth at ORS 30.272 for local
public bodies and at ORS 30.273 for public bodies.
8.2. By Roaue Retreat. Rogue Retreat shall indemnify, defend and hold harmless
the City Parties from any claim, liability, damage or loss, or any cost or expense
in connection therewith (including reasonable attorney fees) arising out of (a)
any damage to any person or property occurring in, on or about the Shelter
Premises as the result of the negligence or willful misconduct of Rogue Retreat
or its directors, officers, members, managers, employees, contractors, agents,
and invitees (collectively, "Rogue Retreat Parties"); and/or (b) Rogue Retreat's
or any Rogue Retreat's breach or violation of any term of this Agreement.
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8.3. Survival. The provisions of this Section 8 shall survive the expiration or
termination of this Agreement.
9. Termination.
9.1 In the event City revenue is inadequate to fully fund this Agreement, the City
reserves the right to negotiate with Rogue Retreat for appropriate amendments
to this Agreement, or to unilaterally terminate all or a portion of this Agreement
but providing 30 -days prior written notice to Rogue Retreat.
9.2 In the event federal or state law or regulation renders it illegal for a jurisdiction
to house homeless individuals outside that jurisdiction's boundaries, the City
may unilaterally terminate this Agreement effective upon 10 -days prior written
notice.
9.3 In the event Rogue Retreat revenue is inadequate to fully fund its shelter
facilities, Rogue Retreat reserves the right to negotiate with City for appropriate
amendments to this Agreement, or to unilaterally terminate all or a portion of
this Agreement, by providing 30 -days prior written notice to City.
10. Independent Contractor. Rogue Retreat and the City agree that Rogue Retreat is an
independent contractor with respect to the services provided pursuant to this
Agreement. Nothing in this Agreement shall be considered to create a relationship
of employer/employee, joint venture, or partnership between the parties hereto.
Neither Rogue Retreat employees nor City employees shall be entitled to any benefits
accorded to employees of the other party by virtue of the services provided pursuant
to this Agreement.
11. Notices.
11.1 Notices. Any notice authorized or required to be provided under this
Agreement shall be provided by email as set forth in the subsections to this
Section 10 and shall be deemed effective as notice under this Agreement at the
time sent if sent between the hours of 8am and 5pm, otherwise effective at 8am
the following day.
11.1.1 Rowe Retreat. Notices to Rogue Retreat shall be delivered to the
following addresses, as may be changed from time to time upon written
notice to City:
Rogue Retreat
Chad McComas
711 East Main Street Suite #25
Medford, Oregon 97504
11. 1.2 Cites. Notices to City shall be delivered to the following addresses, as
may be changed from time to time upon written notice to Rogue Retreat:
City of Central Point
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Chris Clayton
140 S. 3rd Street
Central Point OR 97502
12. Attorney Fees; Waiver of Jury Trial; Venue.
12.1 If suit or action is instituted in connection with any controversy arising out of
this Agreement, including any bankruptcy proceeding, the prevailing party shall
be entitled to recover, in addition to costs, such sums as the court may adjudge
reasonable as attorney fees at trial and on all appeals or petition for review
arising out of such suit or action. DISPUTES BETWEEN THE PARTIES
WHICH ARE TO BE LITIGATED SHALL BE TRIED BEFORE A
JUDGE WITHOUT A JURY AND ROGUE RETREAT AND CITY
HEREBY EXPRESSLY WAIVE ANY RIGHT TO REQUIRE THAT
ANY DISPUTE UNDER THIS AGREEMENT BE HEARD BEFORE A
JURY.
12.2 Each and every claim, demand, action or other form of proceeding of any kind
(including but not limited to any appeal, petition for review, or bankruptcy
proceeding) instituted in connection with any controversy arising out of this
Agreement ("Claim") shall be brought and conducted within the Circuit Court
of Jackson County for the State of Oregon; provided, however, if a Claim must
be brought in a federal forum, then it shall be brought and conducted solely and
exclusively by bench trial within the United States District Court for the District
of Oregon located in Medford, Oregon. In no event shall this Section be
construed as a waiver by either Party of any form of defense or immunity,
whether sovereign immunity, governmental immunity, immunity based on the
Eleventh Amendment to the Constitution of the United States or otherwise,
from any Claim or from the jurisdiction of any court.
13. Compliance with Laws. Rogue Retreat shall, in performing the services
contemplated by this Agreement, faithfully observe, and comply with all federal,
state, and local laws, ordinances and regulations, applicable to the services to be
rendered un this Agreement.
14. Governing Law. This Agreement shall be construed and interpreted, and the rights
of the parties determined in accordance with the laws of the state of Oregon
(without reference to the choice -of -law provisions of Oregon law); provided
further, that respect to matters of law concerning the internal corporate affairs of
any corporate entity which is a party to or the subject of this Agreement, and as to
those matters, the law of jurisdiction under which such entity derives its powers
shall govern.
15. Assignment. Rogue Retreat shall not assign any of the services covered by this
Agreement without the express written consent of City.
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16. Nonwaiver. No delay by either Party in promptly enforcing any right or remedy
set forth in this Agreement shall be deemed a waiver thereof, and that right or
remedy may be asserted at any time after the delaying Party becomes entitled to the
benefit of such right or remedy notwithstanding such delay.
17. Time of the Essence; Holidays. Time is of the essence of each and every provision
hereof. The term "day" shall mean calendar day unless expressly specified to mean
a business day in a given instance under this Agreement; for any deadlines
established on a business -day schedule under this Agreement, if the final date of
any period of time so set forth occurs on a Saturday, Sunday or legal holiday, then
in such event, the expiration of such period of time shall be postponed to the next
day which is not a Saturday, Sunday or legal holiday.
18. Complete Agreement; No Implied Covenants. This Agreement contains the
entire agreement of the Rogue Retreat and City concerning the provision of shelter
beds, and all prior written and oral agreements and representations between the
Parties are void. Rogue Retreat and City agree that there are no implied covenants
or other agreements between the Parties except as expressly set forth in this
Agreement. Neither Rogue Retreat nor City is relying on any representations of
the other Party except those expressly set forth herein.
19. Counterparts. This Agreement, and any amendment thereof, may be executed in
two or more counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same document.
IN WITNESS WHEREOF, the duly authorized representatives of the Parties have executed
this Agreement:
ROGUE RETREAT
By
Title: J e
Date: 91241"a,
CITY OF CENTRAL POINT
Chris Clayton, City Administrator
Date: 514/ .v as
Agreement for Homeless Shelter Beds Page 6 of 8
EXHIBIT A
Scope of Services
1. Programs. At the time of this Agreement, Rogue Retreat provides different
programs and facilities for homeless persons that are detailed below with different
priorities:
A. Urban Campground. The Urban Campground is an entry-level tent and Pallet
shelter safe haven of 85+ sites for homeless coming directly from the streets
and referred by the Medford City Police Department Livability Team. Guests
receive meals donated by local restaurants and donors as well as wrap-around
supportive services from Rogue Retreat and community partners.
B. Kelly Shelter. The Kelly Shelter is a 64 bed low barrier year round shelter. The
daily operations are managed by the Shelter Manager under the supervision of
the Rogue Retreat Operations Director. Case Managers and Peer Support
Specialists are on site to help guests identify barriers and help them find
solutions. The shelter is staffed 24 hours a day by paid, trained Rogue Retreat
employees.
C. Hope Village. Hope Village is a transitional supportive housing program for
homeless men, women, and couples in a community setting of attractive, well
designed and insulated tiny house duplex units and shared facilities. Shared
facilities include a kitchen trailer, a restroom and shower trailer, laundry room,
a community center, a park area, a dog park to care for their animals, and a
vegetable garden. The village is safe, sanitary, gated and supervised by on-site
staff and an overnight camp host. Daily village chores and weekly house
inspections teach them how to care for their living unit and become good fiiture
tenants and neighbors.
D. Restart Retreat. Restart Retreat is Rogue Retreat's affordable housing second
chance renters' program for those who are homeless and need a fresh start.
Participants in this program already have a consistent, reliable source of income
and can afford to pay an affordable rent, but due to less than desirable
credit/rental/criminal histories, they find it difficult finding a landlord in the
community who are willing to take a risk and rent to them. Participants are
responsible for paying the full rent and agreeing to the Rogue Retreat
Participation Contract.
E. Housing Retreat. Housing Retreat is similar to restart retreat however the units
are owned by the Housing Authority of Jackson County and come with a rental
subsidy where families pay rent based on 30% of their income.
F. Recovery Houses. Rogue Retreat operates 5 men's and women's recovery
houses. Case managers work with each individual to help them continue on
their recovery journey while helping them address barriers.
Agreement for Homeless Shelter Beds Page 7 of 8
Scope of Services
2. Agreements for Entry into Rogue Retreat Programs and Facilities.
A. Intake on Evenings and Weekends
Rogue Retreat agrees to process intakes five days a week Monday through Friday
from 8:00 am in the morning up to 6:00 pm at night. Should City have a need for
emergency intake after hours, Rogue Retreat agrees to consider such emergency
after hours intakes on a case-by-case basis, making reasonable efforts to
accommodate said intake.
B. Residency in Jackson County
Rogue Retreat's agreement with the City is to take people into the Campground
from Jackson County who have been in the area for at least 6 months. Should
City have individuals who do not meet the residency requirement for entrance into
the Campground, Rogue Retreat will refer them to other Rogue Retreat facilities
and accept the intake where there is availability.
C. Length of Stay
Once the City places someone in a Rogue Retreat facility, Rogue Retreat will
consider that person to be a City of Central Point guest for 30 days. After 30 days,
Rogue Retreat will assimilate that person into the facility general population
opening up that spot for someone else.
D. Who Is Acceptable
Rogue Retreat agrees to take individuals who must be capable of taking care of
their basic activities of daily living. Individuals must: 1) be capable of performing
daily hygiene tasks without assistance including toileting unassisted (cannot be
incontinent) and showering; 2) have the physical capacity to get into and out of a
tent, pallet shelter, bunk, single bed, sleeping bag, shower, and bathroom facilities
without assistance; 3) not require assistance with eating, meal preparation,
laundering dirty clothing, linens, bedding, or medication management.
Individuals must not be experiencing a mental health crisis or mental health
challenges that require assistance from trained mental health professionals for the
person to safely reside at a Rogue Retreat facility.
E. Right of Refusal
Rogue Retreat has the right to refuse an individual entry if the above conditions
are not met.
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