HomeMy WebLinkAboutCivil Forfeiture Asset Agreement Case 17CV33924INTERGOVERNMENTAL AGREEMENT
BETWEEN JACKSON COUNTY AND THE CITY OF CENTRAL POINT
For
DISTRIBUTION OF CIVIL FORFEITURE ASSETS
This AGREEMENT is made and entered into by and between Jackson County, Oregon, a
political subdivision of the State of Oregon, hereinafter referred to as "County", and the City of
Central Point, Oregon, a municipal corporation, hereinafter referred to as "City". County and
City are collectively referred to as "Parties".
RECITALS
A. WHEREAS, the City, in Jackson County Circuit Court Case No. 17CV33924 acted as a
forfeiting agency and retained forfeiture counsel for this civil forfeiture action pursuant to
ORS Chapter 131 A.
B. WHEREAS, ORS 131 A.360(2) requires that if the forfeiting agency is not a county, the
forfeiting agency shall enter into an agreement, under ORS chapter 190, with the county
in which the property was seized to provide a portion of the forfeiture proceeds to the
county.
C. WHEREAS, Oregon Revised Statutes (ORS) 190.110 et. seq. grants authority to City to
enter into agreements with units of local government or other governmental bodies for
the performance of any or all of its functions or activities that a party to the agreement, its
officers, or agents have the authority to perform.
D. WHEREAS, Oregon Revised Statutes (ORS) 190.110 et. seq. grants authority to County
to enter into agreements with units of local government or other governmental bodies for
the performance of any or all of its functions or activities that a party to the agreement, its
officers, or agents have the authority to perform.
E. WHEREAS, the City is a political subdivision of the State of Oregon, organized and
existing under the laws and constitution of the State of Oregon.
F. WHEREAS, the County is a political subdivision of the State of Oregon, organized and
existing under the laws and constitution of the State of Oregon.
G. WHEREAS, the City and County wish to enter into the agreement required pursuant to
ORS 131 A.360(2) to provide for the allocation and provision of the forfeiture proceeds in
Jackson County Circuit Court Case No. 17CV33924.
THEREFORE, it is hereby agreed by the City and County that the provision of forfeiture
proceeds by the City to the County in Jackson County Circuit Court Case No. 17CV33924 shall
be made pursuant to the terms and conditions of this agreement.
TERMS OF AGREEMENT
1. The City shall not be required to provide any portion of the forfeiture proceeds in Jackson
County Circuit Court Case No. 17CV33924 to the County.
2. The City shall be solely liable for any and all costs, expenses, and liabilities associated
with Jackson County Circuit Court Case No. 17CV33924 and any matter related thereto.
PROPOSED INTERGOVERNMENTAL AGREEMENT
3. Indemnification. The City agrees to defend, indemnify and hold harmless County and its
elected officials, officers, directors, employees, agents, and volunteers from any and all
liability, claims, or actions, including but not limited to liabilities, claims or actions
brought by third parties or by any elected officials, officers, directors, employees, agents,
attorneys or volunteers of City, which arise out of the actions or inactions of the City or
its elected officials, officers, directors, employees, agents, attorneys or volunteers in
Jackson County Circuit Court Case No. 17CV33924 or any matter related thereto.
4. No Third Party Beneficiary. The provisions of this Agreement are for the sole benefit of
the Parties, and shall not be construed as conferring any rights to any Third Party
(including any third party beneficiary rights).
5. Severability. If any term or provision of this Agreement is declared by a court of
competent jurisdiction to be illegal or in conflict with any law, the validity of the
remaining terms or provisions shall not be affected, and the rights and obligations of the
Parties shall be construed and enforced as if the Agreement did not contain the particular
term or provisions held to be invalid.
6. Interpretation. The terms and conditions of this Agreement shall be construed in
accordance with the general purposes of this Agreement and according to Oregon law.
7. Amendment. The terms of this Agreement may be amended, changed, or modified only
upon the written consent and agreement of both Parties.
8. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties
on the subject matter thereof.
EACH PARTY, BY EXECUTION OF THIS AGREEMENT, HEREBY ACKNOWLEDGES
THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AGREES TO BE
BOUND BY ITS TERMS AND CONDITIONS, AND HAS THE AUTHORITY TO SIGN
AND BIND IT'S AGENCY.
City of Central Point Jackson County
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By: City Manager Chris Clayton By: D JORDAN
Admn�istrator
Date: �/�s��� Date: � ,�/ J
A ved as to Leg i
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Ma Philbrick '
Sk ASSW=t County Counsel
PROPOSED INTERGOVERNMENTAL AGREEMENT