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HomeMy WebLinkAbout2008-10-20 Work Session Agenda Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, OCTOBER 20, 2008 ___________________________ 1. Property & Facilities – Susan Ross ƒ Firing Range Update ƒ Eastside Framework Plan 2. Economic Development Grant Requests: ƒ Assistance League of Bend – Operation School Bell ƒ Shop with a Cop Program ƒ New Generations Early Childhood Development Center ƒ Heart of Oregon Corps - Software 3. New Generations Child Development Center – Fee Waiver Request – Tom Anderson 4. Board Signature of Letters to Alyce Hatch Center and Rep. Chuck Burley 5. Review of Proposed Policy regarding Legal Review of Documents 6. Update of Commissioners’ Meetings and Schedules 7. Approval of Employment Agreement, Legal Counsel 8. Other Items ______________________________________ PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues ______________________________________ Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners’ meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Deschutes County Administrative Policy No. GA-17 Effective Date: October 20, 2008 LEGAL REVIEW OF COUNTY DOCUMENTS STATEMENT OF POLICY It is the policy of Deschutes County that all documents prepared by or presented to the County for official approval or adoption which would bind the County or may have legal implications, shall first be reviewed and approved by County Legal Counsel. APPLICABILITY This policy applies to all contracts, policies, procedures and regulations to which the County (or any county department) is a party. POLICY & PROCEDURE In General For purposes of this policy such documents shall be referred to as “document” or where the context requires, “contract.” While Departments are authorized to develop internal policies and procedures, such policies and procedures must be consistent with and, in terms of employment policies, no less restrictive than, County-wide policies and procedures. In order to ensure such consistency, all proposed new internal Department policies are subject to this policy. Before entering into contracts, adopting policies or undertaking official activities that are reduced to a written form, County Departments should consider what potential liabilities are presented. Unless such liabilities are considered, the County may be unnecessarily exposed to risk that can affect the County’s fiscal condition. Legal review shall not be treated as an excuse from or substitute for consideration of whether the transaction, policy or official action is advisable or in the public interest. Procedure for Legal Review A. County Legal Counsel provides legal sufficiency approval of County documents solely for the County’s benefit. Review or approval of a document for legal sufficiency is based upon the individual determination by the attorney reviewing the document, and shall not preclude the County from later asserting any legally available claim or defense arising from or relating to the document. B. Approval for legal sufficiency means that the reviewing attorney finds that: 1. The subject matter, promised performance, and consideration of the contract are within the County’s authority; 2. The contract, on its face, contains all the essential elements of a legally binding contract, such as a sufficient description of consideration (money, performance, or forbearance) when consideration is required; 3. The document, on its face, complies with federal and state statutes and administrative rules regulating the subject matter of the document, and all provisions required by Oregon law to be incorporated have been included either expressly or by reference; 4. The document includes and requires execution of any certification required by Oregon law or by the agreement of the parties; Policy #GA-17, Legal Review of Contracts Page 1 of 2 5. The document, on its face, does not violate any State of Oregon or federal constitutional limitation or prohibition, such as by creating an unlawful "debt" under section 10, Article XI, of the Oregon Constitution, or by impermissibly binding a future governing body to funding in the future; 6. Any statement of work or comparable provisions, and any business or commercial terms used in the contract are sufficiently clear and definite under the circumstances to be binding and enforceable; and 7. The contract allows the County, if appropriate, to terminate the contract, declare defaults, and pursue its rights and remedies. C. Approval for legal sufficiency does NOT include: 1. Consideration of facts or circumstances not apparent on the face of the document, unless the attorney reviewing the document has current, actual knowledge of those facts or circumstances; 2. A determination that the technical provisions used in the document that are particular to a profession, trade or industry, reflect the County’s intentions, are appropriate to further the County’s stated objectives, or are sufficiently clear and definite to be enforceable; 3. A determination that the contract is a good business deal for the County, weighing relative risks and benefits, although the attorney reviewing the document may provide advice regarding significant risks and issues in any particular transaction. The County department remains responsible for risk assessment, the descision concerning whether the agreement reflected in the contract is a good business deal for the County, and the decision whether to proceed despite exposure to risks; 4. A determination that any particular remedy, whether or not expressly set forth in the contract, will be available to the County. However, if the Department requesting legal review specifically requests the attorney reviewing the document to address the availability of specific remedies, the reviewing attorney may do so; 5. A determination that the document complies with grant conditions or federal funding requirements, if any, or contains terms or assurances required under a grant or federal funding program. However, if the Department requesting legal review speficially requests the attorney reviewing the document to address the compliance with grant conditions, federal funding requirements, or required assurances, the reviewing attorney may do so; or 6. A stylistic or grammatical review, including spelling, punctuation and the like, unless such errors create ambiguity or otherwise are substantive. The attorney reviewing the document may address matters of this nature as time allows; however, these matters are primarily the responsibility of the department submitting a document for review. D. County Legal Counsel is authorized to prepare model forms, including, without limitation, contracts and notices, as well as appropriate instructions for use of same, for distribution to and use by county departments; provided, however, that use of such forms shall not render appropriate legal review unnecessary or otherwise excuse legal review pursuant to this policy. E. Contracts prepared or approved by legal counsel may incorporate by reference appropriate provisions of Section 2.37.150, Standard Contract Provisions, and, if so, such provisions shall become a part of the contract. Approved by the Deschutes County Board of Commissioners October 20, 2008 ____________________________________________ Dave Kanner, County Administrator Policy #GA-17, Legal Review of Contracts Page 2 of 2