HomeMy WebLinkAboutIGA - Bend Muni Court - Vehicle ImpoundsDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of July 2, 2008
Please see directions for completing this document on the next page.
DATE: June 19, 2008
FROM: Sue Brewster SO 385-1714
TITLE OF AGENDA ITEM:
"Consideration of Board Signature of Contract No. 2008-153, An Intergovernmental Agreement
between Deschutes County by and through its Sheriffs Office and the City of Bend Municipal Court.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
This is an annual renewal of an intergovernmental agreement already in place between the Deschutes
County Sheriffs Office and the City of Bend Municipal Court for vehicle impound hearings. Vehi;,les
can be impounded for a number of driving offenses such as Driving Under the Influence of Intoxicants,
Driving While Suspended and Driving Uninsured. Owners whose cars are impounded then have the
option of requesting a hearing on the legality of the impound. Contracting with the City of Bend alows
citizens to have an experienced, impartial decision maker for the hearings. Impound hearings are
scheduled during regular Municipal Court sessions.
FISCAL IMPLICATIONS:
The Sheriffs Office agrees to compensate the City at a rate of $ 66.00 per impound hearing.
RECOMMENDATION & ACTION REQUESTED:
Approve and Sign Contract No. 2008-153.
ATTENDANCE: Rebecca Brown, Civil Technician.
DISTRIBUTION OF DOCUMENTS:
Return signed copies to Michelle Goodin, Legal Assistant at DCSO for distribution to parties.
Sheriff agrees to pay City $66.00 for each hearing as
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this fomi is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date: June 16, 2008
Contact Person:
Please complete all sections above the Official Review line.
Sue Brewster
Contractor/Supplier/Consultant Name:
Department: !.Sheriffs Office
Phone #:
385-1714
City of Bend Municipal Court
Goods and/or Services: Renewal of current IGA between Deschutes County Sheriffs
Office and City of Bend Municipal Court regarding impound hearings. Impound
hearings shall be heard in Municipal Court and scheduled by the process described in
the agreement. Language and payment amount remain the same as the current
agreement which expires on June 30, 2008. Document # 2008-153.
Background & History: A renewal of the current agreement which expires on June
30, 2008.
Agreement Starting Date:
July 1, 2008
Annual Value or Total Payment:
scheduled.
Ending Date:
June 30, 2009
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Departmental Contact:
Title: Civil Technician
Rebecca Brown
Department Director Approval:
Phone #:
388-6640
6/'7Y --(9e
Date
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
County Signature Required (check one): X BOCC
❑ Department Director (if <$25K)
6/12/200t;
❑ Administrator (if >$25K but 4150K; if >$150K, BOCC Order No.
Legal Review
'--12 4_,.--a-(
Document Number 2008-153
Date
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)
6/12/2008
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL AGREEMENT
CONTRACT NO. 2008-153
DESCHUTES COUNTY AND CITY OF BEND
(MLTNICIPAL COLTRT)
THIS AGREEMENT is made and entered into by and between Deschutes County, Oregon, a
political subdivision of the State of Oregon, by and through its Sheriffs Office, hereinafter
referred to as "Sheriff', and the City of Bend, by and through its Municipal Court, hereinafter
referred to as "City".
WHEREAS, ORS 809.716(6) permits .a police agency to contract with another agency or entity
to conduct vehicle impound hearings,
WHEREAS, Sheriff desires to contract with City for vehicle impound hearings,
WHEREAS, City is agreeable to providing such services as set forth in this Agreement; nov\
therefore,
IT IS HEREBY AGREED as follows:
1. DURATION
1.1 Effective Date. This Agreement is effective July 1, 2008 and terminates at 11:5'
p.m. on June 30, 2009.
1.2 Termination. Either party upon 90 days written notice to the other party may
terminate this Agreement. Termination under this paragraph shall not affect any
obligations or liabilities accrued prior to such termination.
2. SCOPE OF AGREEMENT
2.1 IT IS MUTUALLY AGREED THAT:
2.1.1 Impound hearings will be set during regular Municipal Court sessions.
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2.2 SHERIFF AGREES TO:
2.2.1 Provide City notice of the hearings the same day a timely request for a
hearing is received.
2.2.2 Be solely responsible for notifying the person requesting the hearing of the
hearings date, time and location.
2.2.3 Be solely responsible for notifying the officer(s) needed at the hearing of
the date, time and location of the hearing.
2.2.4 Provide all necessary paperwork to conduct the hearing to the City in a
timely manner.
2.3 CITY AGREES TO:
2.3.1 Set hearings within four calendar days after the request for a hearing is
received, excluding Saturdays, Sundays and holidays, but such hearings
may be postponed at the request of the person asking for the hearing.
Impound hearings will be set during regular Municipal Court sessions.
2.3.2 Conduct all hearings as set out under ORS 809.716.
2.3.3 Return all paperwork, or copies of all paperwork, regarding the hearing to
Sheriff within one week from the date of the hearing.
2.3.4 Invoice Sheriff for the costs of each hearing within two weeks of the date
of the hearing.
3. COMPENSATION
3.1 Sheriff agrees to pay City the amounts set forth below for each vehicle impound
hearing conducted or for each hearing scheduled but the person requesting the
hearing fails to appear:
3.1.1 $66.00 for each hearing.
3.1.2 City shall be entitled to no other compensation.
4. PARTNERSHIP
4.1 Sheriff is not, by virtue of this Agreement, a partner or joint venture with City in
connection with activities carried out under this Agreement, and shall have no
obligation with respect to City's debts or any other liabilities of each and every
nature.
Page 2 of 4 Impound Hearings Agreement — Contract No. 2008-153
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5. NON -APPROPRIATION
5.1 In the event sufficient funds shall not be appropriated for payment o
consideration under this agreement, and if either party does not have funds legally
available for consideration from other sources, then either party may terminate
this agreement in accordance with Paragraph 1.2.
6. ATTORNEY FEES
6.1 In the event an action, lawsuit or proceeding, including appeal therefrom, i
brought for failure to observe any of the terms of this Agreement, each party sha l
be responsible for its own attorney fees, expenses, costs and disbursements for
said action, lawsuit, proceeding or appeal.
7. ASSIGNMENT
7.1 This Agreement is binding, on each party, its successors, assigns and legt.1
representatives, and may not, under any circumstance, be assigned or transferre J
by either party.
8. NO WAIVER OF CLAIMS
8.1 The failure to enforce any provision of this Agreement shall not constitute a
waiver by either party to that or any other provision of this Agreement.
9. ENTIRE AGREEMENT
9.1 Notwithstanding and succeeding any and all prior agreement(s) or practice(s), this
Agreement constitutes the entire Agreement between the parties, and may only be
expressly modified in writing(s) signed by both parties.
DATED this % 7 day of Su i"` , 2008.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COLTNTY, OREGON
LA' ' ' BL TON, Deschutes County Sheriff MICHAEL M. DALY, Commissioner
ATTEST:
DENNIS R. LUKE, Chair
Recording Secretary TAMMY MELTON, Vice Chair
Page 3 of 4 Impound Hearings Agreement — Contract No. 2008-153
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DATED this 7 day of �' — , 2008.
CITY OF BEND iLipprc)vSci 641 Ct+ 3 Co(A
5%a (off
APPOVED:C ' L- bTh`
Legal Counsel
RIC KING, n ' ' ity Manager
/46„ cS'IS6a,
PATRICIA STELL, City Recorder
Page 4 of 4 Impound Hearings Agreement — Contract No. 2008-153
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