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Res 980 - Drug Asset Forfeit Pr COUNCIL BILL NO. 1201 RESOLUTION NO. 980 A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE /1ARION COUNTY OISTRICT ATTORNEY TO PARTICIPATE IN A DRUG ASSET FORFEITURE PROCESS. WHEREAS, the Marion County District Attorney and City of Woodburn Police Department participate jointly in asset and drug forfeiture prosecutions; and WHEREAS, the 1989 Oregon Legislative AssemblY enacted House Bill 2282; and WHEREAS, the Woodburn Police Department has been and continues to vigorously enforce drug laws; and WHEREAS, it is necessary to enter into an agreement with the District Attorney; NOW. THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor be authorized to si gn the "AGREEMENT" with the Mari on 'County' Oi strict Attorney onbehil.1(of'tt1E~(;it'yofWoodburn which shall be effective upon execution, a copy of which is attached and by reference incorporated herein. Section 2. That notwithstanding the adoption of this Resolution, "forfeiture counsel," as defined in 1989 Oregon Laws, Chapter 791, shall remain the Woodburn City Attorney for incidents subject to forfeiture proceedings occurring~rior to execution of the attached agreement. Approved as to form:' ll.~~ 7:- {; -'10 City Attorney Date ~~~~~~ NANCY A KI RKSEY, MAYO March 12, 1990 March 13, 1990 March 13, 1990 March 13, 1990 APPROVED: Passed by the City Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ~' -'"- + Attest: I eLL I Y''Y'-'Y~~' ~ary en~, Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1201 RESOLUTION NO. 980 "....-_..<.~.-- .-.,.__.._.....,.,---_....~".._~.-......-.~.- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 g 20 . < 0 >' 21 . . z . z i5~o U.'" z ~<~ 22 w a:6~ Cl. < u 0 ;: ::;,. . . 23 S z < w ...B': ..J i!i ' u , IJ ~ ~ 24 i - ~ g ~ Ji.' . 25 u . . . c 26 27 28 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is entered into pursuant to the provisions of ORS Chapter 190 by the following parties: District Attorney for Marion county Marion County by and through the Marion County Board of commissioners city of IJoodburn The terms and conditions of this intergovernmental agreement are set forth as follows: A. The forfeiture counsel for the city shall be Marion County Legal Counsel. Marion County Legal Counsel, within 48 hours of receiving notice of a seizure by the city, ,will notify'the'citY'ast6'wh~ther'itdeclil'le'S the'" case. Marion County Legal Counsel agrees to negotiate in good faith those cases it accepts or declines to accept from the city. B. Marion County Legal Counsel, as forfeiture counsel for the city, will charge a reasonable attorney fee, which shall be negotiated between the city and Marion county. C. All of the forfeited property, monies and clear proceeds of all forfeited property shall be disbursed by for- feiture counsel as follows: (1) Costs shall first be paid from the property, or if the property is sold, from its proceeds. "Costs" as used in this section include costs, disbursements' and attorney fees as defined in ORCP 68A and those special expenses, including hourly investigation '-~---"'~""'-"-"'-'T". ,-..,.- . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 z 0 20 0 . . 0 , 21 . . z . z il~o 0.," z ~.~ 22 w .il~ ll. . u ~ '" > 0 ~ 'Z.~ 23 w ... a 0_ -' C3 > u , ~~~ 24 ~ . . .i~ > 25 0 ~ . c 26 27 28 costs and the provision of lawful currency, incurred by forfeiture counselor incurred by any seizing or forfeiting agency in investigating and prosecuting a specific case. Those costs incurred by any seizing or forfeiting agency in investigating and prosecuting a specific case shall not include expen- ditures made in connection with the ordinary main- tenance and operation of the seizing or forfeiting agency, (2) The forfeiture counsel, from the forfeited property remaining after the deduction of costs [Section C (l) ], shall distribute the property or, if the property ,is',.,soldi'" ,its" proceeds'i",'t<>",j:lhe",'citY'I",dess., ",t, 20 percent, which is to be paid to the District Attorney of Marion county as reasonable reimburse- ment for the cost of investigation and prosecution. D. The term of this agreement is perpetual, subject to the right of any party hereto to terminate upon 30 days written notice being made to the other parties to this agreement. Written notice shall be given by certified mail to the business address of each of the parties set forth in this agreement. E. The city is specifically liable for any costs incurred pursuant to Chapter 791, Section 9(6) (b), Oregon Laws 1989, which provides as follows: INTERGOVERNMENTAL AGREEMENT - 2 Forfeiture Counsel 9 , .,,,,,.. .-.-.... '"---'~'r-''''"-''-''-'-'-''-'''~''--'> ""-"",,,,,~-,~,-~'-'-"-- ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 z 0 20 . . d , 21 " . z . ila- z o~g z 5<~ 22 w -a~ 0. ~ u 0 s: " > . " . 23 < z < w eao. ..J <{ > u > Cl ~ ~ ~ 24 e ~ UI < > " 25 u ~ . c5 26 27 28 ~ If the court finds that there was not reason- able suspicion to believe that the property was subject to forfeiture, then the court may order the forfeiting agency (city) to pay the costs and disbursements, including attorney's fees, of prevailing claimants and financial institutions. CITY OF Woodburn MARION COUNTY BOARD OF COMMISSIONERS Marion County Courthouse 100 High Street NE Salem OR 97301 Mayor Nancy Ki rksey City Recorder Mary Tennant Chairman Date: February 28, 1990 Business Address of city: 270 Montgomery Street Commissioner commissioner Woodburn, Oregon 97071 Date: DISTRICT ATTORNEY FOR MARION COUNTY Marion County Courthouse 100 High Street NE Salem OR 97301 Dale W. Penn Date: INTERGOVERNMENTAL AGREEMENT - 3 Forfeiture Counsel .... '*T"".+----" MEMORANDUM AGREEMENT THIS AGREEMENT made and entered into between the City of Woodburn, Oregon, 270 Montgomery Street, Woodburn, Oregon, hereinafter referred to as GRANTEE and Pogolowitz & Associates, 1932 S,E. 102nd Avenue, Portland, Oregon 97216, hereinafter referred to as CONTRACTOR. WITNESSETH: WHEREAS, GRANTEE received a U,S, Department of Housing and Urban Development (HUD) Program Grant for rental rehabilitation activity on October 4, 1989; and WHEREAS, this HUD Rental Rehabilitation Program Grant runs for a period of one year from the date of "Funding Approval" or until funds are exhausted, whichever occurs first; and WHEREAS. GRANTEE currentlY contracts with CONTRACTOR for housing rehabilitation administration pursuant to separate grant contracts for the period of March 2, 1988 - March 2, 1990; and February 15, 1989 - February 15, 1991. NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein the parties agree as follOWS: I. INTENT OF AGREEMENT It is the intent of this AGREEMENT for CONTRACTOR to provide technical assistance and services to GRANTEE, through the GRANTEE'S HUD Rental Rehabilitation Program. II. TERM OF AGREEMENT The term of thi s AGREEMENT is from October 4, 1989, until October 4, 1990. I I I. WORK TO BE PERFORMED CONTRACTOR shall, in a satisfactory manner, carry out those functions and acti viti es descri bed in the HUD Rental Rehabil itati on Program Grant Application, appended hereto as Attachment I and, by this reference, incorporated herein. Page 1 - MEMORANDUM AGREEMENT ..~.,_..- '-'~-'""""---"'--'-~'-"'.~'~-'---'-"'"'-"---' GRANTEE or CONTRACTOR may request changes in the scope of the servi ces or CONTRACTOR to be perfonned hereunder. Such changes must be mutua n y agreed upon by and between the GRANTEE and CONTRACTOR and must be incorporated in written amendments to this AGREEMENT. IV. STAlUS OF CONTRACTOR The parties agree that CONTRACTOR is a professional person and that the relation created by this contract is that of employer-independent contractor. CONTRACTOR is not an employee of GRANTEE and is not entitled to the benefits provided by GRANTEE to its employees, i ncl udi ng but not 1 imi ted to worker's compensati on insurance, unem- ployment insurance, health insurance, and retirement. CONTRACTOR may practi ce hi s professi on for others duri ng those peri ods when he is not perfonning work under this agreement for GRANTEE. V, CONSIDERATION In consideration of CONTRACTOR'S satisfactory performance in carrying out the functions and activities described in the approved appl ica- tion, GRANTEE shan pay the contractor a reasonable sum as provided in Attachment II for the services of CONTRACTOR. The award for services shall not exceed TWENTY THOUSAND SIX HUNDRED AND TWENTY EIGHT DOLLARS ($20,628.00) for the services in carrying out the approved activities described in the Grant. Any consideration paid to CONTRACTOR is contingent upon GRANTEE obtaining and accepting funds for CONTRACTOR'S services through its 1989 HUD Renta 1 Rehabil itat i on Grant. It is expressly under- stood that the amount of consideration is based upon CONTRACTOR'S estimate of the cost to carry out the activities approved in the application and that the actual cost may be different than this amount. CONTRACTOR or GRANTEE may request changes in the amount of consideration provided to CONTRACTOR. Such changes must be mutua n y agreed upon by and between GRANTEE, and CONTRACTOR, and must be incorporated in written amendments to this AGREEMENT. Page 2 - MEMORANDUM AGREEMENT VI, SCHEDULE AND METHOD OF PAYMENT Subject to approval of the Grant Agreement by the U. S. Department of Housing and Urban Development, CONTRACTOR shan request and draw funds for acti vi ti es approved in the grant app 1 i cati on. CONTRACTOR shall prepare and submit all necessary documents including, but not 1 imited to the "Payment Voucher", "Pre-Rehabil itation Report", "Project Completion Report" or equivalent. VII. HOLD HARMLESS CONTRACTOR agrees to defend, indemnify and hol d ha rml ess GRANTEE, its officers, agents, and employees, from and against an claims and demands for loss or damage arising out of or in any way connected wi th CONTRACTOR'S servi ces pursuant to thi s AGREEMENT, except for claims arising out of the negligent acts or ommissions of GRANTEE, VIII. COMPLIANCE WITH APPROVED PROGRAM An activities authorized by this AGREEMENT shan be performed in accordance with the approved work program, the approved budget, and the grant conditions and relevant Housing and Urban Development, Federal and State laws, regulations and directives. IX. COMPLIANCE WITH LOCAL LAWS CONTRACTOR shan complY with an applicable laws, ordinances, and codes of State and local governments. X. COMPLIANCE WITH TITLE VI AND VII, CIVIL RIGHTS ACT OF 1964 CONTRACTOR agrees: (A) That there will be no discrimination against any employee or persons served on account of race, color, sex, rel igious back- ground, ancestry or national orgin in its performance of this Contract. (B) That CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served, Page 3 - MEMORANDUM AGREEMENT . ',. --"_.,,--"---_.,_.~..~._~-_.~_..,~_._"-- ,-, (C) That CONTRACTOR shall comply with Title VIII of the Civil Rights Act of 1964 (42 USC 2000e) in regard to employer or applicants for employment. XI. COMPLIANCE WITH HOUSING AND COMMUNITY DEVELOPMENT ACT CONTRACTOR agrees that the work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban DevelOp- ment and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u, Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income persons residing in the City and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the City. XII. MINORITY BUSINESS ENTERPRISE COMPLIANCE CONTRACTOR agrees that affi rmati ve steps must be taken to assure that small, minority and women-owned businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment, construction and services. Affirmative steps shall inClude the following: (A) Include any such qualified firms on sOlicitation lists, (B) Assure that such firms are solicited whenever they are potential sources. (Cl When economicallY feasible, divide total requirements into smaller tasks or quantities so as to permit such firms maximum opportunities for participation through subcontractin9. (D) Where possible, establish delivery schedules which will encourage such participation. (E) Use the servi ces and assi stance of the Sma 11 Busi ness Admi ni s- tration, the Office of Hinority Business Enterprise (Department of COl1111ercel, the Community Services Administration and other sources when appropriate. Page 4 - HEHORANDUM AGREEHENT ,'''"._e'_~~-'-~-_~-'-T"'''''''''''' ~U_..~_ XIII. COMPLIANCE WITH CODE OF CONDUCT CONTRACTOR agrees to complY with the "Code of Conduct" adopted by GRANTEE in Resolution 917 which is appended hereto as Attachment III and, by this reference, incorporated herein. XIV. ACCESS TO RECORDS GRANTEE, the State of Oregon, the U. S. Department of Housi ng and Urban Development, the Comptroller General of the United States, or any of thei r duly authori zed representati ves, shan have access to any books, documents, papers, and records of CONTRACTOR whi ch are directly pertinent to this specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, All requi red records must be maintained by CONTRACTOR for three years after GRANTEE makes final payments and all other pending matters are closed. XV. TERMINATION OF CONTRACT Either party to this AGREEMENT may, by giving 60 days written notice, terminate this AGREEMENT, at its option, in whole or in part without cause. In the event of such termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by CONTRACTOR under thi s AGREE~lENT become the property of and shall be remitted to GRANTEE, and CONTRACTOR shall be entitled to compen- sation for any unreimbursed expenses reasonable and necessarilY incurred in satisfactory performance of the contract. XVI. ASSIGNMENT The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other party. XVII. ESCAPE NOTICES Any notice, request, demand or other be in wri ti ng and shan be deemed to delivered to the Woodburn City Administrator 270 Montgomery Street Woodburn, Oregon 97071 communication hereunder shall be duly given when personally Pogolowitz & Associates 1932 S.E. 102nd Avenue Portland, Oregon 97216 Page 5 - MEMORANDUM AGREEMENT ..."--_...-'<-T-.....-<--_.-.--~".....,,-- ..--.-..----.-.--< XVIII. SAVINGS CLAUSE Should any valid federal or state law or final determination of any administrative agency or court of competent jurisdiction affect any provi si on of thi s agreement. the provi si ons so affected shall be automatically conformed to the law or determination and otherwise this agreement shall continue in fUll force and affect. XIX. ENTIRE AGREEMENT Thi s AGREEMENT constitutes the enti re understandi ng of the parti es with respect to the subject matter thereto supersedi ng all negotiations. prior discussions and preliminary agreements made prior to this date. An modifications of this AGREEMENT shan be in writing and shall be signed by an authorized representative of each pa rty. POGOLOWITZ & ASSOCIATES ~ - j~ ~ff . pogof'o~eSident 9-~~7 :Ui' /7.7'6 Date ~ CITY OF WOODBURN -</z 1'/ Y' t') Da te I ~~An~--J Nancy A. irksey, Mayor Fehruary 27, 1990 Date Page 6 - MEMORANDUM AGREEMENT ~~__.......____,.....,_<N_-"."._---''''''.'''"'"'_._''''~-'-~.'