HomeMy WebLinkAboutCOIC - COCIB Operations AgrmtDeschutes 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 January 23, 2008
Please see directions for completing this document on the next page.
DATE: January 17, 2008.
FROM: Dave Inbody. Administrative Services 322-7697
TITLE OF AGENDA ITEM:
CONSIDERATION of Signature of Contract No. 2008-035, regarding the Central Oregon
Intergovernmental Council (COIC) and Central Oregon Community Investment Board (COCIB).
PUBLIC HEARING ON THIS DATE? No, Public Hearing held on November 28, 2007.
BACKGROUND AND POLICY IMPLICATIONS:
This is an Intergovernmental Agreement between COIC, Deschutes County, Jefferson County and
Crook County regarding the operation of COCIB. This agreement was approved by the Board on
November 28, 2007, but the document has since been altered based on discussions between COIC and
the three counties. Deschutes County Administrative Services and Legal Departments have been
actively engaged in this process. After incorporation of recommendations by Deschutes County legal
counsel, which the Board approved, it was discovered that Exhibit A identified the incorrect document
dated July 1, 2005 instead of the original intergovernmental agreement dated October 6, 1999 and
revised October 24, 2001. This is a request for the revised document to be signed.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Approval and Signature of Contract No. 2008-035.
ATTENDANCE: Dave Inbody, Assistant to the County Administrator
DISTRIBUTION OF DOCUMENTS:
4 Signed document sent to Andrew Spreadborough, COIC, 2363 SW Glacier Place
Redmond, OR 97756.
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 form 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:
1-17-2008
Contact Person:
Please complete all sections above the Official Review line.
Dave Inbody
Department: Administration
Phone #:
(5431) 322-7697
Contractor/Supplier/Consultant Name: lAndrew Spreadborough - Central Oregon
Intergovernmental Council
Goods and/or Services: The 2007-2009 Intergovernmental Agreement between
Deschutes County, Jefferson County, Crook County and the Central Oregon
Intergovernmental Council. This agreement helps fund economic development in the tri -
county area through funding received from the Oregon Economic and Community
Development Department (OECDD).
Background & History: The Central Oregon Community Investment Board (COCIB)
is comprised of one elected official and one appointed official from each of the three
counties and one representative from each city in the tri -county area. The COCIB
utilizes funding received from the OECDD to promote economic development.
Agreement Starting Date:
1-17-2008
Annual Value or Total Payment:
Ending Date: 6-30-20(i
COCIB receives $144,674 for the two -year period
from OECDD that is then allocated to local organizations.
❑ 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:
Dave Inbody
Title: Assistant to the County Administrator
Phone #:
x7697
Department Director Approval:
Signature Date
Distribution of Document: Include complete information if document is to be mailed.
1/17/2008
Official Review:
County Signature Required (check one): ❑ BOCC
❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review Date
Document Number
1/17/2008
REVIEWED
RECEIVED JAN 1 5 2008
LEGA. COUNSEL..
CENTRAL OREGON COMMUNITY INVESTMENT BOARD
INTERGOVERNMENTAL AGREEMENT
Central Oregon Intergovernmental Council
Crook County
Deschutes County
Jefferson County
Administration Services
Regional Investment Program
This Agreement, effective July 1, 2007, is made and entered into under the authority of ORS
190.010 by and between the counties of Crook, Deschutes, and Jefferson (hereinafter "Region")
and the Central Oregon Intergovernmental Council (hereinafter "Council").
1. Purpose
It is the purpose of this Agreement to designate the Council as the fiscal and administrative
entity that will act as staff for the Central Oregon Community Investment Board (hereinafter
"Board") which was created by an Intergovernmental Agreement dated October 6, 1999 and
modified by Modification #1 dated July 1, 2001.
2. Term of Agreement
This Agreement shall begin on the date as set out above and shall terminate on June 30, 2010;
or when all four of the following conditions are met: 1) a Regional Infrastructure Needs
Inventory as defined in the 2007 Oregon Legislative Budget Notes is completed; 2) any
Regional Investment funds as defined by ORS 285B.260 received by the Council between
July 1, 2007 and June 30, 2009 are expended or returned to the State of Oregon; 3) all
contracts utilizing Regional Investment funds are completed or closed; 4) all required reports
to the State of Oregon accounting for Regional Investment funds are submitted.
3. Powers and Responsibilities
The Council shall have the following powers and responsibilities:
A. To update the Regional Investment Strategy which at a minimum shall include:
(a) a needs examination and resource analysis;
(b) identified priorities — long term and short term;
(c) a six-year investment strategy and implementation plan;
(d) a rural action plan and rural set aside;
Intergovernmental Agreement
Last Revised 12/27/07, Page 1
DC_2008-035
(e) identification of barriers to implementation;
(f) a plan for involvement of disadvantaged and minority groups;
(g) identification of any special uses of funds;
(h) a management plan
(i) an evaluation plan (regional benchmarks and performance measures); and
(j) any other elements required by the State to be incorporated into a Regional
Investment Strategy.
B. To draft and make revisions to any planning documents and reports as requested by the
Board or required by the State.
C To develop a Regional Infrastructure Needs Inventory list based upon projects identified
by Central Oregon cities, counties, Tribes and special districts and approved by the
Board.
D. To receive all Regional Investment funds and to maintain discrete accounting records for
expenditures and cash balances as required by the State.
E. To hire necessary employees and purchase necessary equipment and supplies to undertake
the activities described in this Agreement.
F. To arrange facilities, provide appropriate notice under the Public Meetings Law, prepare
agendas and other supplemental meeting materials, and record the minutes of all public
meetings.
G. To file, retain, dispose of, or allow inspection of public records as required by State Law.
H. To obtain and at all times during the duration of this Agreement keep in effect and
property damage insurance covering the contracted activities. Said insurance shall, at a
minimum, provide for:
(a) Professional Liability insurance with a combined single limit, or the equivalent, of not
less than $500,000 for each claim, incident or occurrence. This is to cover damages
caused by error, omission or negligent acts related to the professional services to be
provided under this agreement.
(b) Commercial General Liability insurance on an occurrence basis, with a combined
single limit of not less than $500,000 each occurrence for Bodily Injury and Property
Damage, with an annual aggregate limit of $1,000,000.
Intergovernmental Agreement
Last Revised 12/27/07, Page 2
I. To provide Certificates of Insurance to the Board and by separate endorsement naming
the Board and its participating member counties as additional insureds for all activities
performed under this Agreement upon request. These Certificates shall contain a
provision that coverages afforded under the policies cannot be canceled and restrictive
modifications cannot be made until at least thirty (30) days prior written notice has been
given to the Board.
J. To indemnify, defend and hold harmless the Board and its participating member counties,
their officers, employees and agents from and against any and all claims, suits, actions,
damages, costs, losses and expenses asserted by any person or entity, arising from or
caused by reason of any and or all of the services performed under this Agreement.
K. To consult with legal counsel regarding any legal issues or legal proceedings taken
against the Council or any employees of the Council relating to their activities pursuant to
the performance of this Agreement.
L. To comply with all Regional Investment Fund administrative rules, all terms and
conditions established in grant award contracts with the Oregon Economic and
Community Development Department, and all applicable Oregon law.
M. To advertise and/or issue news releases announcing the availability of grant funds.
N. To serve as the primary contact for information regarding the Regional Investment
program and to market the program in the Region.
O. To draft and make revisions to application materials and processes as requested by the
Board.
P. To receive applications and review them against the criteria established by the Board and
recommend to the Board those applications that meet the minimum qualifying criteria.
Q.
To enter into grant award contracts as appropriate to evidence awards from the Regional
Investment program and to ensure compliance with the terms and conditions of the
Regional Investment program as established by the Oregon Economic and Community
Development Department and the Board.
R. To establish guidelines for the disbursement of Regional Investment grant awards and to
process requests for disbursements under those guidelines.
S. To take action or recommend action on contract modification requests, as determined in
the policies and procedures approved by the Board.
T. To monitor grant award contracts for compliance and recommend action to the Board in
the event of contract default.
Intergovernmental Agreement
Last Revised 12/27/07, Page 3
U. To retain legal counsel and pursue legal remedies for contract defaults. However, the
total amount expended by the Council for legal expenses shall not exceed $5,000 per
biennium without approval from the Board.
4. Compensation
A. The administration services provided by the Council are funded by the State of Oregon.
The Council shall enter into a contract with the Oregon Economic and Community
Development Department to receive administrative compensation on behalf of the Board.
B. The Council shall be compensated a total of $144,674, which is the full amount allocated
by the Oregon Economic and Community Development Department to the Central
Oregon Community Investment Board for the activities identified in Section 3 of this
agreement. Any change in the requirements resulting from amendments to the Oregon
Revised Statutes or to the Oregon Administrative Rules may result in a renegotiation of
the Council's compensation for administration services.
5. Termination
A. This Agreement may be terminated by written mutual consent of all parties. If this
Agreement is terminated prior to the end of the Agreement period, the Council shall be
reimbursed on a pro -rated basis for each month of services provided.
B. This Agreement may be terminated by the Board or by the Council with 30 days written
notice to all parties in the event that the Oregon Economic and Community Development
Department fails to provide or reduces administrative funding, such that the
administration of this Agreement is no longer possible. If this Agreement is so
terminated, the Council shall be reimbursed on a pro -rated basis for each month of
services provided.
C. If one party is suspected to be in violation of this Agreement, one of the non -violating
parties shall notify all parties in writing of the circumstances leading to this conclusion.
The party alleged to be in violation shall have 60 days to remedy the violation. If the
violation is not remedied within the 60 days, the Agreement shall be terminated.
6. Dispute Resolution
A. Unless otherwise provided in this Agreement, all claims, counterclaims, disputes and
other matters in question between the Board and the Council arising out of, or relating to
this Agreement or the breach of it will be decided, if the parties mutually agree, by
arbitration or mediation, or other alternative dispute resolution mechanism.
Intergovernmental Agreement
Last Revised 12/27/07, Page 4
7. Amendments
This Agreement may not be waived, altered, modified, supplemented, or amended in any
manner except by written instrument signed by the parties. Such written modification will be
made a part of this Agreement and subject to all other provisions of this Agreement.
8. Severability
If any provisions of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any other
provision hereof.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties. There are no
understandings, agreements, or representations, oral or written, not specified herein regarding
this Agreement.
Intergovernmental Agreement
Last Revised 12/27/07, Page 5
CONSIDERATION:
Exhibit A (Intergovernmental Agreement among Crook County, Deschutes County and Jefferson
County for the Creation of the Central Oregon Community Investment Board dated October 6,
1999 and modified October 24, 2001)) is hereby incorporated into this agreement.
We, the below signed, are authorized by our respective organizations and the laws of the State of
Oregon to enter into this Agreement on behalf of our respective organizations. We do so freely,
and in good faith, and fully acknowledge all conditions, assurances, and warranties contained
within and referenced by this Agreement.
CENTRAL OREGON
INTERGOVERNMENTAL COUNCIL
By
Executive Director
Date
/- 9 - v4
CROOK COUNTY
By
Scott Cooper, Judge
County Court
Date
//p/ok
DESCHUTES COUNTY BOARD OF
COMMISSIONERS
By
Dennis Luke, Chair
Board of County Commissioners
By
Commissioner Mike Daly
By
Commissioner Tammy Baney
Date
JEFFERSON COUNTY
By
Mike Ahern, Chair
Board of County Commissioners
Date
Intergovernmental Agreement
Last Revised 12/27/07, Page 6
Exhibit A
Modification #1 to the
INTERGOVERNMENTAL AGREEMENT
among
Crook County
Deschutes County
Jefferson County
FOR THE CREATION OF THE
CENTRAL OREGON COMMUNITY INVESTMENT BOARD
Crook, Deschutes and Jefferson counties hereby acknowledge by authorized signature the
following modification to the Intergovernmental Agreement among Crook County,
Deschutes County and Jefferson County for the Creation of the Central Oregon
Community Investment Board dated October 6, 1999.
Purpose and Justification for Modification
The purpose for this contract modification is to eliminate the agreement expiration date.
Modification
Now, therefore, the agreement is modified as follows:
1. Replace Section 3.B with the following:
B. Appointments. Crook, Deschutes and Jefferson counties shall each appoint five
(5) people to the Board. At least two (2) of these people shall primarily represent
the private economic sector as described in Section 2 of this agreement. The
initial appointments shall be made for a term beginning October 6, 1999 and
ending June 30, 2001. Thereafter, appointments shall be made for two-year terms
at the beginning of each biennium. A biennium begins on July 1 of every odd -
numbered year and ends June 30 of the following odd -numbered year. In the
event of a vacancy on the Board, the appointing county shall fill the vacancy
within thirty (30) days. The person appointed to fill the vacancy shall serve the
remaining term of the original appointee.
2. Replace Section 3.0 with the following:
C. Elections. After each county has appointed its representatives to the Board, the
Board shall meet and elect a chair and two vice -chairs. There shall be no more
than one officer from each county. The initial chair and vice -chairs shall serve
beginning October 6, 1999 and ending June 30, 2001. Thereafter, the chair and
vice -chairs shall be elected -for a term of two years at the beginning of each
biennium. A biennium begins on July 1 of every odd -numbered year and ends
June 30 of the following odd -numbered year.
3. Delete Section 8.A
This modification is hereby incorporated into and made a part of this agreement.
Approval of Modification
This modification is effective as of July 1, 2001. All other agreement provisions remain
unchanged.
We, the below signed, are authorized by our respective organizations and the laws of the
State of Oregon to enter into this Agreement Modification on behalf of our respective
organizations. We do so freely , and in good faith, and fully acknowledge all conditions,
assurances and warranties contained within and referenced by this Agreement, as
modified.
Approved by Crook County
By Date
Scott Cooper, Judge
Approved by Desc utes Coun
By
Tom DeWolf, Chair
Approved by Jefferson County
Date (07/0/0
By Date
Janet Brown, Chair
3. Delete Section 8.A
This modification is hereby incorporated into and made a part of this agreement.
Approval of Modification
This modification is effective as of July 1, 2001. All other agreement provisions remain
unchanged.
We, the below signed, are authorized by our respective organizations and the laws of the
State of Oregon to enter into this Agreement Modification on behalf of our respective
organizations. We do so freely , and in good faith, and fully acknowledge all conditions,
assurances and warranties contained within and referenced by this Agreement, as
modified.
Approved by Crook County
By "c
Sco /�/__
ooper, Judge
Approved by Deschutes County
Date / "a
0
By Date
Tom DeWolf, Chair
Approved by Jefferson County
By Date
Janet Brown, Chair
M -i59 -a
3. Delete Section 8.A
This modification is hereby incorporated into and made a part of this agreement.
Approval of Modification
This modification is effective as of July 1, 2001. All other agreement provisions remain
unchanged.
We, the below signed, are authorized by our respective organizations and the laws of the
State of Oregon to enter into this Agreement Modification on behalf of our respective
organizations. We do so freely , and in good faith, and fully acknowledge all conditions,
assurances and warranties contained within and referenced by this Agreement, as
modified.
Approved by Crook County
By Date
Scott Cooper, Judge
Approved by Deschutes County
By Date
Tom DeWolf, Chair
Approved by Jefferson County
By s\,%. ��1+1,thir.__.,
Jane : ••wn, Chair
Date nci 4,11./ aiDoi
INTERGOVERNMENTAL AGREEMENT
among
Crook County
Deschutes County
Jefferson County
FOR THE CREATION OF THE
CENTRAL OREGON COMMUNITY INVESTMENT BOARD
This agreement, effective October 6, 1999, is made and entered into among the counties
of Crook, Deschutes, and Jefferson (hereinafter "Region").
1. Purpose
It is the purpose of this agreement to create the Central Oregon Community
Investment Board (hereinafter "Board") which will act on behalf of the Region for the
purpose of preparing a regional investment plan and rural action plan; receiving,
distributing and managing regional investment funds and rural investment funds; and
preparing all required reports for the regional investment program and rural
investment program as required in ORS 285B.230 through ORS 285B.263,
respectively.
The Central Oregon Community Investment Board replaces the Central Oregon
Regional Strategies Board which was previously created by an intergovernmental
agreement dated January 18, 1995 as amended by Modification #1 dated July 19,
1995, Modification #2 dated January 3, 1996, and Modification #3 dated April 7,
1997 (hereinafter "Previous Agreement").
2. Definitions
Private Economic Sector. Private economic sector includes representatives from for-
profit or income producing non-profit businesses. This excludes residents employed
by, appointed to or elected to a public or quasi -public entity.
3. Structure of the Board
A. Membership. The Central Oregon Community Investment Board will be
comprised of 15 members who represent various local interests including cities,
counties, ports, special districts and Indian tribes. The Board will also include
members who are representatives of rural interests, including local government.
COCIB Intergovemmental Agreement
Last Revised: October 1, 1999, p. 1
B. Appointments. Crook, Deschutes and Jefferson counties shall each appoint five (5)
people to the Board. At least two (2) of these people shall primarily represent the
private economic sector as described in Section 2 of this agreement. The
appointments shall be made for a term beginning October 6, 1999 and ending June
30, 2001. In the event of a vacancy on the Board, the appointing county shall fill the
vacancy within thirty (30) days.
C. Elections. After each county has appointed its representatives to the Board, the
Board shall meet and elect a chair and two vice -chairs. There shall be no more than
one officer from each county. The initial chair and vice -chairs shall serve beginning
October 6, 1999 and ending June 30, 2001. The chair shall have the authority to call
and preside over Board meetings.
D. Meetings. The Board shall meet regularly as determined by the Board. The
Board shall be subject to the requirements of the Public Meetings Law, Public
Records Law, Public Contracting Laws, and Oregon Government Ethics Laws of the
State of Oregon. Special and emergency meetings and executive sessions may be
called, upon notice as provided in the Public Meetings Law, by the chair or by any
eight members, provided there is representation from all three counties. A quorum is
defined as a majority of the total members of the Board, or eight people. A majority
vote of the total members of the Board d is required to make decisions. Each member
shall have one vote.
E. By -Laws. The Board shall adopt bylaws for any additional operational rules and
procedures. The bylaws, and any amendments to the bylaws, shall be approved upon
a majority vote of the total members of the Board. The bylaws may designate a
subcommittee that can act on behalf of the Board between meetings. The actions of
any subcommittees shall be subject to ratification by the Board, except when those
actions have been previously authorized by the Board. Under no circumstances may
subcommittees reverse a decision of the Board.
4. Powers and Responsibilities
A. Rulemaking. The Board may adopt all rules necessary to carry out its powers and
responsibilities under this agreement.
B. Planning. The Board shall be responsible for preparing a regional investment
plan, a rural action plan, and any other planning documents required by the State and
described in ORS 285B.230 through ORS 285B.263.
C. Policies. The Board shall be responsible for adopting all policies necessary for
operating the regional investment and rural investment fund programs described in
ORS 285B.230 through ORS 285B.263. These policies may relate to program board
administration, fiscal management, grant application processes, grant award
processes, grant management processes, and reporting processes.
COCIB Intergovernmental Agreement
Last Revised: October 1, 1999, p. 2
D. Operations. The Board shall be responsible for overseeing the operation of the
regional investment and rural investment fund programs, for the disbursement of
grants, and for the State reporting requirements described in ORS 285B.230 through
ORS 285B.263.
E. Compliance With Applicable Laws. The Board shall be responsible for complying
with all federal, state, and local laws, ordinances, and regulations applicable to this
agreement. This agreement shall be governed by and construed in accordance with
the laws of the State of Oregon.
F. Oversight of the Implementation of the 1993-99 Regional Strategies and Rural
Investment Fund Programs. The program oversight and implementation
responsibilities of the Central Oregon Regional Strategies Board are hereby assigned
to the Board. These responsibilities include the approval of funding for all
projects/activities and any amendments to contracts as described in Section 2B3(b) of
the Previous Agreement and the instruction of Central Oregon Intergovernmental
Council in how to operate the Regional Strategies Program in the Region as described
in Section 2B3(f) of the Previous Agreement.
5. Funding
A. Source of Funding. The Board shall incur only those expenses that are eligible for
funding through the regional investment and rural investment programs as described
in ORS 285B.257 and ORS 285B.263. These expenses may include board
operations, staff support, and projects and activities to implement the regional
investment plan and the rural action plan. In no instance may the Board obligate or
expend more than is available to the Central Oregon region for the regional
investment and rural investment programs.
B. Apportionment of Revenues. All revenues received by the Board are to be utilized
for the operation and implementation of the regional investment and rural investment
programs. Any revenues which are not utilized by the Board for this purpose shall be
returned to the State of Oregon.
C. Accounting Practices. The Board shall ensure that all revenues are placed in a
separate account or segregated fund and that discrete accounting records for
expenditures and revenues under this agreement are maintained. The Board shall
ensure that accounting policies, practices, and procedures are maintained which are
consistent with generally accepted accounting principles and in accordance with
applicable statutes and regulations.
COCIB Intergovernmental Agreement
Last Revised: October 1, 1999, p. 3
6. Responsibilities of Counties
A. Indemnity. To the extent permitted by the Oregon Constitution and the Oregon
Tort Claims Act, each county agrees to indemnify, defend, and hold harmless each of
its appointed members to the Central Oregon Community Investment Board from all
claims, lawsuits and actions of whatever nature brought against those parties which
arise from activities undertaken pursuant to the performance of this agreement.
B. Insurance. Each county shall ensure that each of its appointed members to the
Central Oregon Community Investment Board are listed as additional insureds on the
public liability and property damage insurance policies issued for that county.
C. Legal Counsel. Each county shall provide legal counsel regarding any legal
issues or legal proceedings taken against any individual Board member appointed by
that county related to activities undertaken pursuant to the performance of this
agreement. The cost of providing legal counsel for any legal issues or legal
proceedings pertaining to the entire Board related to activities undertaken pursuant to
the performance of this agreement shall be shared equally among the three counties.
7. Severability
The parties agree that 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 and 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 provision held to be invalid.
8. Termination
A. Duration. This agreement shall terminate June 30, 2001 unless extended by
amendment in accordance with Section 8 of this agreement.
B. Mutual Consent. This agreement may be terminated by written mutual consent of
all parties to the agreement. The written termination shall specify the termination
date of the agreement.
C. Debts, Liabilities and Obligations. Upon termination, any debts, liabilities and
obligations of the Board shall be assumed as follows:
(i) Unperformed grant award contracts shall be assigned to the county in which
the contractor was located at the time the grant was awarded.
(ii) Any litigation relating to the nonperformance of the grant award contracts
shall be the responsibility of the county in which the contractor was located at the
time the grant was awarded.
COCIB Intergovernmental Agreement
Last Revised: October 1, 1999, p. 4
(iii) All other debts, liabilities, and obligations of the Board shall be, jointly and
severally, the debts, liabilities and obligations of the parties to the agreement.
D. Assets. Upon termination, any assets of the Board shall be disposed of and
divided as follows:
(i) Any non-cash assets owned by the Board as a result of the foreclosure of its
interests in accordance with its contracts shall be assigned to the county in which
the contractor was located at the time the grant was awarded. Each county agrees
to make its best efforts to liquidate these assets within 90 days of termination and
repay the entire amount to the Oregon Economic and Community Development
Department to satisfy the obligations of the Board.
(ii) Any other cash in possession of the Board shall be paid to the Oregon
Economic and Community Development Department within 15 days of
termination.
9. Amendments
The terms of this agreement shall not be waived, altered, modified, supplemented, or
amended, in any manner whatsoever, except by written instrument. Such waiver,
alteration, modification, supplementation, or amendment, if made, shall be effective
only in the specific instance and for the specific purpose given, and shall be valid and
binding only if it is signed by all parties to the agreement. There are no
understandings, agreements, or representations, oral or written, regarding this
agreement except as specified or referenced herein.
10. Dispute Resolution and Attorney's Fees
A. Dispute Resolution. Any dispute among the parties arising from the terms or
implementation of this agreement, or any claim by any party for breach or
enforcement of this agreement, may be submitted upon agreement by all parties, first
to mediation and then, if unresolved, to binding arbitration.
B. Attorney's Fees. The prevailing party in any dispute arising from this contract
shall be entitled to recover from the other its reasonable attorney's fees at trial,
including arbitration, and on appeal.
COCIB Intergovernmental Agreement
Last Revised: October 1, 1999, p. 5
BY THE SIGNATURE OF THEIR AUTHORIZED REPRESENTATIVES BELOW,
THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THEY HAVE
READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS.
Approvd by Cr9Ak C • unty
By
Fri W. Rodgers, Judge
Approved by Deschutes County
Date
By Date
Linda Swearingen, Chair
Approved by Jefferson County
By Date
Billy C. Bellamy, Chair
COCIB Intergovemmental Agreement
Last Revised: October 1, 1999, p. 6
BY THE SIGNATURE OF THEIR AUTHORIZED REPRESENTATIVES BELOW,
THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THEY HAVE
READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS.
Approved by Crook County
By Date
Fred W. Rodgers, Judge
Approved b Desch Co my
By�2-
- inda Swearingen, Chair
Approved by Jefferson County
Date A;(i 2//7
By Date
Billy C. Bellamy, Chair
COCIB Intergovernmental Agreement
Last Revised: October 1, 1999, p. 6
'Ai _i 1-q';
BY THE SIGNATURE OF THEIR AUTHORIZED REPRESENTATIVES BELOW,
THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THEY HAVE
READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS.
Approved by Crook County
By Date
Fred W. Rodgers, Judge
Approved by Deschutes County
By Date
Linda Swearingen, Chair
Approved by Jefferson Coun
By
Billy C. Bellamy, Chair
COCIB Intergovernmental Agreement
Last Revised: October 1, 1999, p. 6
Date /o -I -9?