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Washington County - Rogers Machinery T 'Cr INTERGOVERNMENTAL AGREEMENT- This Agreement is entered into by and among the signatories. WHEREAS: The voters of Washington County overwhelmingly adopted the Traffic Impact Fee to tax new development'throughout the County to pay for a portion of the extra-capacity road improvements necessary to accommodate new development; • The jurisdictions signing this Agreement benefit from-the revenues generated by this tax and benefit from working cooperatively to administer the tax and coordinate use of TIF revenues; • If successful, the case of Rogers Machinery v. Washington County and the City of Tigard, CA A104615, could preclude or significantly complicate the. ability of the parties to impose this tax and address the need for road improvements; • The County and City of Tigard have successfully defended the TIF program at the trial court level and it is fair and equitable for all jurisdictions to contribute to defense costs on appeal; Now, therefor, it is AGREED: 1. Washington County and the City of Tigard shall continue to be responsible for defense of this matter and retain authority to take such actions and make such decisions as they each determine to be reasonable and prudent; 2. Each signatory shall.contribute to defense costs on appeal based on their respective percentage of the total population of the County as illustrated in Exhibit `A,' This shall include costs previously incurred as a result of the appeal to.the Oregon Court of Appeals,but shall not include defense costs at trial or any court-ordered judgment or award; INTERGOVERNMENTAL AGRhzMENT ROGER'S MACHINERY Page 2 3. For purposes of this Agreement, defense costs shall include all attorney fees,both in-house and outside counsel at the following hourly rates: Washington County Counsel - Attorney $ 53.00 Legal Assistant $ 52.00 City of Tigard- Partner $145.00 Associate/of Counsel $135.00 Support $ 45.00 Defense costs also shall include any extraordinary non-legal staff time devoted to defense and the applicable jurisdictions' actual labor cost, including benefits and overhead and shall include all incidental expenses such as copying,travel and postage. County and Tigard may continue to consult with the firm of Kane,Ballmer and Berkman(special expert counsel) as needed at the.xate of$145.00/hour. These rates may be adjusted annually to pass through any rate increases incurred without amendment of this Agreement. .4. Tigard and County shall make efforts to keep fees and costs reasonable, necessary and appropriate. Each month,Tigard shall forward a statement to the County for payment. County shall advance sufficient funds to pay all amounts due. County shall promptly forward'to each party a statement representing the party's proportionate share of all costs. In the event that revenues from jurisdictions are not sufficient to cover costs through withdrawal or non-payment by a jurisdiction,the proportionate share shall be. equitably adjusted based on population. 5. Each party shall;within 10 days of receipt of the statement,,remit to County the amount due. 6. Each party shall have 30 days from the date of receipt.of the statement to challenge the amount paid to County. A refund or credit against future billings shall be provided if an overcharge is found. 7. Any party may request a briefing or update on the status of the.ease. . Tigard and County shall consult with the signatories regarding any settlement proposal or other resolution that may impact the operation of the TIF program. Neither Tigard nor County shall be obligated to divulge any.information that might constitute'a waiver of the attorney-client or work product privileges if to do so, in their opinion,would prejudice the defense of this matter. The parties to this Agreement acknowledge, , that they are not parties to the litigation and are in no way represented by counsel for County or Tigard. INTERGOVERNMENTAL AGk..._MENT ROGER'S MACHINERY Page,3 8. This Agreement shall extend until a final decision by the Oregon Supreme Court or the case is otherwise resolved, whichever first occurs. However, any party,may :withdraw from this:Agreement by providing 90 days written notice to Tigard and County.. The party shall be responsible for its proportionate share of costs-incurred prior to:the effective date of withdrawal. 9. This Agreement-may be amended by the written consent of all the parties. The:parties„shall consideran,extension'of this Agreement if the matter is.appealed to the United States Supreme Court 10. This Agreement may,be executed separately by each jurisdiction:and an executed copy shall serve as an original. Washington County shall maintain a central file containing a signed copy for each jurisdiction. This Agreement is binding on each signatory without regard to whether other jurisdictions-sign., Each signatory represents and warrants that he or she is authorized to bind his or her respective jurisdiction Dave MaMo(i� illiam A. Monahan Washington County QeR6ty Court r�'-+,'m, City Manager, Tigard Date: Date• �P///_9 l r— For City of Tigard Dater Lut/TIF Roger's Machinery reimbursement IGA FINAU8-6-99/de EXHIBIT "A" WASHINGTON COUNTY Inter-Office Memorandum February 26, 1999 To: Loretta Skurdahl, Senior Assistant County Counsel r � From: Scott King, Senior Planner Re: ROGERS MACHINERY TIF APPEAL COST SHARE Per your request,I have developed a distribution formula for the Rogers Machinery TIF Appeal based on the recently released official 1998 population estimates from PSU. The costs in the table are for a defense through the Oregon Court of Appeals, and for a defense through the Oregon Supreme Court. ROGERS TIF,.DEFENSE=DISTRIBUTI0 K.IFORMULAS Ore on Court of Appeals + Ore on Supreme Court PSU Share of PSU Share of Jurisdiction 1998 Po % of total Le al Cost 1998 Pop. %of total I Legal Cost Banks'. 845 0.21% $„64 •- 845 ' :0:219/° $148 Beaverton 68050 17.07% $5,122 68050 17.07% $11,950 Cornelius81702;05%6 $615 8170 2.05% $16,435 Durham 1555 0.39% $117 1555 0.39% $273 Forest Grove 16170 4.06% $1,21:7 16170 4.06% $2,840 Gaston 615 0.15%° $46 615 0.15% $108 Hillsboro 65116 16:336% $419.00 65110 ! 16.33% $11,434 King City 2125 0.53% $160 2125 0.53% $373 NorthPlains 1760 0.44% $132 1760 0.44% $309 Sherwood 9600 2.41% $723 9600 2.41% $1,686 Tigard ''' 37200 9:33 $2,800 37200 9:33°1° $6;533 Tualatin 21405 5.37% $1,611 21405 5.37%° $3,759 Wash. Co. 166000 41.65% $12,494 166000 41.65% $29,152 Totalsi 3986051 100.00%1 $30,0001 3986051 100.00%1 $70,000 Note: The official population total for the entire County is 397,600. The table above does not include city populations in Washington County for Portland, Rivergrove,Wilsonville, and Lake Oswego. The table also includes population in the city of Tualatin in Clackamas County. c: John Rosenberger ” - v MEMORANDUM CITY OF TIGARD TO: Dee Wise FROM: Bill Monahan DATE: November 1, 1999 SUBJECT: Rogers Machinery Intergovernmental Agreement Attached is a fully executed original of. an Intergovernmental Agreement where Washington County and the cities of Washington County have agreed to work cooperatively to cover the legal expenses in the Rogers Machinery vs. Washington County and City of Tigard matter. Would you please retain this original agreement in the municipal records. Thank you for your assistance. WAM\jh attachment \\TIG333\US R\D EPTS\AD M\B ILL\110199-2.DOC OFF.WE OF COUNTY COUNSEL WASHINGTON COUNTY, OREGON JANET G.ANDERSON DAN R.OLSEN Legal Administrative Specialist County Counsel ANH NGUYEN PUBLIC SERVICES BUILDINGBARBARA L.BLAKE 155 N FIRST AVE,STE:340,MS#24 SHELLEY L.FULLER LORETTA S.SKURDAHL . HIL'LSBORO,OREGON 97124 Legal Assistants ALAN A.RAPPLEYEA Phone:(503)1648-8747 WILLIAM G.BLAIR Fax:(503)'648-8636 SHERYL&HAYASHIDA DONNAE.EASON" GEORGE D.McDOWELL SHARON k,BIDSTRUP ELMER M.DICKENS ARLENE THOMSON Assistant County Counsels Sr.Administrative'Specialists October 28, 1999 RECEIVED C.O.I. OCT 2 J 1999 William A. Monahan City Manager CITY OF TIGARD 13125 SW Hall Blvd.. Tigard, OR 97223 Re: Intergovernmental Agreement; Contract No. CA.99-1007 Ro� urs Machinery v. Washington County& City of Tigard; CA A1104615 Dear Mr. Monahan: Enclosed for your records is a fully executed original of the Intergovernmental Agreement in this matter. Thank you for your attention to this matter. Very truly yours, Anh Nguyen Legal Assistant Enclosure cc w/orig K: Office file (Rogers Machinery CA—Attorney Fees &IGAs) cc w/copy K: JAContracts PC w/copy K: CCContracts cc w/copy K: Bruce Thomson, MS #16 Visit Washington County's website at:www.co.washington.or.us