Ordinance No. 20396 - Laserfiche WebLink

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EXHIBIT A to ORDINANCE NO. 20396 The Consortium's contracts shall be valid when signed by the presiding officer of the Consortium, acting pursuant to the authority granted under this agreement and the Consortium rules. Section 9. COST OF OPERATION A. The cost of operation of the Consortium shall be determined by its governing body, and shall not thereby create an obligation of the members. In accordance with and subject to Oregon Law, the Consortium may make expenditures for the purchase of materials, services, supplies and equipment. Expenditures shall not exceed the funds appropriated for the purpose by the Consortium or acquired through the operations of the Consortium. No member shall be obligated for any payments except as previously approved by the member. All obligations of the Consortium shall be subject to prior appropriation of funds. B. Any revenues received in excess of the budgeted cost of operation may be reinvested in the provision of additional services by the Consortium, or held in a reserve account for future needs, or otherwise used as determined by the Consortium. Revenues in excess of operational costs may also be returned to the members when such action is made a part of the Consortium's adopted budget. The Consortium recognizes that some members have made greater contributions to the establishment of the Consortium than other members, when measured in terms of goods and services donated, forbearance in the collection of right-of-way fees, or other financial contributions. This difference in contributions shall have no effect on membership rights, except that it may be reflected in return payments to members, which shall be roughly proportional to the value of each member's contribution. Section 10. TERMINATION The duration of this agreement shall be perpetual. Any member may terminate its participation in the agreement and withdraw from the Consortium upon 90 days written notice of withdrawal to the Consortium and other members. However, expenditures contracted for by the Consortium after the date of notice of intent to withdraw shall not constitute an obligation on the part of the member providing notice of withdrawal. Where a member has the right to collect fees for the use of the right of way, and where the Consortium occupies the right of way within the jurisdiction of the member, in the event that a member withdraws from the Consortium, the Consortium shall become responsible for the payment of right of way fees or for franchise fees or other like charges, in the same manner and to the same degree as would be true for any private entity, unless other arrangements are made at the time of withdrawal. Section 11. MEDIATION In the event of a dispute or disagreement regarding the performance, terms or conditions of this agreement, unless otherwise provided, the dispute shall be submitted to mediation. Intergovernmental Agreement for Regional Fiber Consortium Page 6