HomeMy WebLinkAboutAgenda Item - 2025-07-15 - Number 05.1 - IGA with Broadband User Groups 5.1
,A,A E 0 COUNCIL REPORT
vii111111 o
OREGO\-\
Subject: Resolution 25-36, Authorizing the City Manager to sign the revised
Intergovernmental Agreement for the Broadband User's Group (BUG)
Meeting Date: July 15, 2025 Staff Member: Megan Phelan, Assistant City Manager
Report Date: June 11, 2025 Department: City Manager's Office
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑X Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑ Consent Agenda
Staff Recommendation: Adopt Resolution 25-36, Authorizing the City Manager to sign the
revised Intergovernmental Agreement for the Broadband User's Group (BUG)
Recommended Language for Motion: Move to adopt Resolution 25-36
Project/ Issue Relates To: Not Applicable.
Issue before Council (Highlight Policy Question): Does City Council want to continue
participating in the Broadband User's Group?
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
BACKGROUND
The Broadband Users Group (BUG) is a collaborative partnership among local governments and
public agencies designed to enhance digital infrastructure, streamline technology services, and
share resources more efficiently. By working together, participants gain access to shared
expertise, reduce costs through joint investments, improve service reliability, and ensure
equitable access to broadband and technology tools across communities. This cooperation
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
empowers agencies to respond more effectively to evolving public needs, leverage collective
bargaining power, and support long-term regional connectivity goals.
The City of Lake Oswego has been a participant of BUG since it started in 1996. Current BUG
participants include the Cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, King City,
Lake Oswego, North Plains, Sherwood, Tigard, Tualatin and Banks Fire District, Clean Water
Services, Metropolitan Area Communications Commission,Tualatin Hills Parks and Recreation
District,Tualatin Valley Fire and Rescue District, Washington County Consolidated
Communications Agency, and Washington County.
DISCUSSION
The BUG partnership intended to use the Public Communications Network (PCN) that was
defined in the existing cable television franchise to facilitate the connectivity. The term
"Broadband" in the name was a reference to the technology at the time built into the cable
modems for providing data connectivity, and not the more current use of the word that is
commonly used to refer to high speed internet to homes and businesses. The BUG is not
involved in providing internet connectivity to anyone but the partner agencies.
Over the years the services shared by the group have evolved. In addition to the original core
connectivity and internet access, the group now also facilitates cooperation in use of
geographic information systems (GIS) and the data related to GIS.
The partnership continues to provide better services at lower costs than the partners could
achieve on their own. The majority of the benefits of BUG are intangible—chief among them
are reliability, redundancy, and resiliency.
ALTERNATIVE
The City could withdraw from the BUG by giving at least 180 days' notice and procure IT
services on its own, but we would lose the redundancy and benefits of being in a cooperative
arrangement for security and internet services.
FISCAL IMPACT
The City's BUG fees for 2025-26 are approximately $33,000 a year. This covers both our
connectivity share and our participating in the GIS coordination.
RECOMMENDATION
Adopt Resolution 25-36, Authorizing the City Manager to sign the revised Intergovernmental
Agreement for the Broadband User's Group (BUG)
ATTACHMENTS
1. Resolution 25-36
2. Exhibit A
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
RESOLUTION 25-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING THE CITY
MANAGER TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE BROADBAND USERS GROUP
WHEREAS,the Cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, King City, Lake Oswego,
North Plains, Sherwood, Tigard,Tualatin and Banks Fire District, Clean Water Services, Metropolitan
Area Communications Commission,Tualatin Hills Parks and Recreation District,Tualatin Valley Fire and
Rescue District,Washington County Consolidated Communications Agency, and Washington County, are
parties to an intergovernmental agreement known as the Broadband Users Group Intergovernmental
Agreement ("Agreement") which is currently scheduled to termination on December 31, 2025; and
WHEREAS,the parties to the Agreement desire to replace the Agreement with a revised Broadband
Users Group Intergovernmental Agreement in order to continue to enjoy mutual benefits to
collaboration and cooperation in the areas of information technology.
NOW THEREFORE, BE IT RESOLVED,that the City Manager is authorized to execute the new
intergovernmental agreement with the Broadband Users Group, attached hereto as Exhibit A
Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the
15th day of July, 2025.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
ATTEST:
Kim Ono Vermillion, Interim City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement ("Agreement") is made by and between the City of Banks,the
City of Beaverton, the City of Cornelius,the City of Forest Grove, the City of Hillsboro, the City of
King City, the City of Lake Oswego, the City of North Plains, the City of Sherwood, the City of
Tigard, the City of Tualatin, Banks Fire District, Clean Water Services, Metropolitan Area
Communications Commission,Tualatin Hills Park and Recreation District,Tualatin Valley Fire and
Rescue District, Washington County Consolidated Communications Agency, and Washington
County, referred to individually as a "Party," and, collectively, as the "Parties" to this Agreement.
RECITALS
Whereas, the Parties agree that there are mutual benefits to collaboration and cooperation in
the areas of information and technology;
Whereas, the Parties have established a history of successful cooperation in these areas; and
Whereas, the Parties desire to continue this cooperation.
Therefore, the Parties agree as follows:
TERMS AND CONDITIONS
1. START AND END DATES.
The effective date of this Agreement is January 1, 2026 ("Effective Date"). The term of
the Agreement shall begin on the Effective Date and end on January 1, 2031. ("Term")
The Term of the Agreement may be terminated earlier or extended as provided in this
Agreement.
2. PURPOSE
2.1. The purpose of the Agreement is to foster collaboration between the Parties
related to the use of information and technology. The collaboration may include
sharing technology infrastructure, technology services, or expertise related to
technology. Nothing in this Agreement is intended to create an
intergovernmental entity described in ORS 190.010(5).
3. DEFINITIONS
3.1. Charter: A document defining the purpose, authority, and membership of a Work
Group.
3.2. Full Partner: A Party that is a voting member of the Governing Body.
3.3. Governing Board (GB): The board that fulfills the responsibilities set forth in
section 5 of the Agreement.
3.4. Lead Administrative Partner:The Party that maintains and operates shared assets
and manages the administrative and financial functions associated with this
Agreement.
Page 1 of 14
3.5. Member Agency: A Party that is a non-voting member of the Governing Board.
Member Agencies are typically smaller agencies who benefit from the
collaboration provided by the agreement but lack the financial or operational
resources to be a Full Partner.
3.6. Work Group: A group that oversees the development and operation of specific
services provided to the Parties. Work Groups may be formed permanently to
provide ongoing services or may be temporary to complete a specific task or
purpose.
3.7. Written Notice: A notice sent via mail or email that is required to be sent under
the Agreement.
4. GOVERNING BOARD
4.1. The GB shall be composed of the chief executive officer or designee of each Full
Partner and Member Agency. Only representatives from Full Partner may vote on
matters related to the implementation of the Agreement.
4.2. The GB is responsible for:
4.2.1. Providing strategic guidance and direction.
4.2.2. Approving the budget including fees and dues to be charged to the Parties.
4.2.2.1. Proposed budgets should be made available to Parties with
sufficient time to review before the decision is to be made.
4.2.2.2. Budgets should be sufficient to cover the expenses associated with
the services provided to Parties and develop a reserve sufficient to cover
replacement costs of BUG owned equipment. The Lead Administrative Partner
shall serve as fiscal agent for the reserve fund created
4.2.3. Approving the addition or expulsion of a Party.
4.2.4. Approving the selection of the Lead Administrative Partners.
4.2.5. Forming Work Groups and approving the charters of Work Groups.
4.2.6. Supporting and empowering Work Groups to:
4.2.6.1. Deliver the services provided to the Parties.
4.2.6.2. Complete other duties as assigned by the GB.
4.3. The GB will adopt rules governing how it fulfills its responsibilities including if and
how those responsibilities may be delegated.
4.4. Approval of budget, fees, special assessments, rules, procedures, and
responsibility delegation will:
4.4.1. Require a majority vote of Governing Board members representing Full
Partners.
4.4.2. Be presented with sufficient notice for Parties.
Page 2 of 14
5. RESPONSIBILITIES OF THE PARTIES.
5.1. The responsibilities of the Parties under this Agreement include:
5.1.1. Participating in GB and Work Groups as appropriate.
5.1.2. Paying all fees and dues in a timely manner.
5.1.3. Abiding by any rules, policies, or guidelines developed and approved by
the Work Groups tasked with providing services related to this Agreement.
6. COMPLIANCE WITH APPLICABLE LAWS.
Each Party shall comply with all applicable federal, state and local laws; and rules and
regulations on non-discrimination in employment because of race, color, ancestry,
national origin, religion, sex, marital status, age, medical condition or disability. In
addition,each Party agrees to comply with all local,state and federal ordinances,statutes,
laws and regulations that are applicable to the responsibilities provided under this
Agreement.
7. RECITALS.
The recitals above are incorporated herein as if fully set forth.
8. TERMINATION, WITHDRAWAL, EXPULSION, AND OWNERSHIP.
8.1. Each Party owns an undivided common interest in assets including equipment and
software purchased and installed for common use after January 1st, 2026, and in
all unexpended and unencumbered funds held by the Lead Administrative Partner
related to this Agreement.
8.2. A Party may withdraw from the Agreement by giving at least 180 days written
notice of its intent to withdraw to the Lead Administrative Partner ("Withdrawing
Party"). The written notice must include a transition plan developed by the
Withdrawing Party to allow the orderly and coordinated ending of all related
services. The Withdrawing Party is responsible for the transition plan that must
include: 1) an inventory listing each related interconnectivity requirement with
certification that each is addressed prior to disconnection, 2) a written summary
of a meeting with the Lead Administrative Partner to review termination
requirements, and 3) a timeline for withdrawing based on that meeting with the
Lead Administrative Partner.
8.3. The 180-day notice begins upon receipt of the complete written notification by
the Lead Administrative Partner. After the notice period, the withdrawal will not
be effective until the Withdrawing Party has paid the full fee for the entire fiscal
year in which its request becomes final. Upon withdrawal,the Withdrawing Party
is not entitled to a refund of any amounts for start-up, maintenance, or continuing
costs, whether or not any amount is unencumbered or unexpended. Upon
withdrawal, the Withdrawing Party has no financial obligations to the other
Parties for future dues but forfeits any claims for goods or services purchased (or
held for future purchases) under this Agreement.
Page 3of14
8.4. A Party may withdraw without written notice or payment of the full fee as
provided in sections 9.2-9.3 only with the written consent of all other Parties.
8.5. A Party's membership may be terminated for default if any Party fails to (a) pay
dueswithin 90 days of being assessed; or (b) acts in any manner inconsistent with
the duties and obligations of a Party, which include violating the rules and
procedures outlined by a Work Group or GB and does not act to correct the
violation in a timely manner ("Defaulting Party").The GB may consider and decide
that a Defaulting Party will be terminated for default if one or more of the above
conditions are met.The GB's decision shall specify the reasons for the termination
for default. Upon the GB deciding on termination, the GB, upon not less than 10
days' written notice to the Defaulting Party, which includes a copy of the decision,
shall hold a meeting, special or general, to consider whether or not termination
will best serve the interests of the other Parties. At such meeting, the Defaulting
Party shall be provided an opportunity of not less than 30 minutes to address the
GB and respond to the allegations. A vote to terminate for default under this
section requires 75% of the Partner GB members. The Defaulting Party will be
excluded from the 75%calculation. A termination pursuant to this section shall be
effective immediately, and the Defaulting Party that was voted to be terminated
shall be treated as a Withdrawing Party as defined in section 9.2 for all other
purposes.
8.6. This Agreement may be terminated upon mutual agreement of all Parties. At the
time of termination, all Parties are entitled to a share of the proceeds of the sale
of shared assets including equipment and software and any unexpended and
unencumbered funds held for use under this Agreement in the proportion as set
by the GB at the time of termination.
9. CHANGES.
Modifications to this Agreement are valid only if made in writing and approved by 75% of
the Parties.
10. INDEMNIFICATION.
Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims
Act, ORS 30.260 to 30.300, and the Oregon Constitution, each Party agrees to hold
harmless, defend, and indemnify each other, including their officers, agents, and
employees, against all claims, demands, penalties, actions and suits (including the cost of
defense thereof and all attorney fees and costs, through all appeals) arising from the
indemnitor's performance of this Agreement where the loss or claim is attributable to the
acts or omissions of that Party or its officers, employees or agents.
11. ACTION, SUITS OR CLAIMS.
Each Party shall give the others prompt written notice of any action or suit filed or any
claim made against that Party that may result in claims or litigation in any way related to
this Agreement.
Page 4 of 14
12. INSURANCE.
Each Party agrees to maintain insurance levels or self-insurance in accordance with ORS
30.282, for the duration of this Agreement at levels necessary to protect against public
body liability as specified in ORS 30.269 to 30.274.
13. NO THIRD-PARTY BENEFICIARIES.
Except as set forth herein, this Agreement is between the Parties and creates no third-
party beneficiaries or obligations. Nothing in this Agreement gives or shall be construed
to give or provide any benefit, direct, indirect or otherwise to third parties unless such
third parties are expressly described as intended to be beneficiaries of its terms.
14. REMEDIES, NON-WAIVER.
The remedies provided under this Agreement shall not be exclusive. The Parties shall also
be entitled to any other equitable and legal remedies that are available. No waiver,
consent, modification or change of terms of this Agreement shall bind the parties unless
in writing and signed by all parties. Such waiver, consent, modification or change, if made,
shall be effective only in the specific instance and for the specific purpose given. The
failure of a Party to enforce any provision of this Agreement shall not constitute a waiver
by a Party of that or any other provision.
15. OREGON LAW, DISPUTE RESOLUTION AND FORUM.
This Agreement shall be construed according to the laws of the State of Oregon, without
regard to conflict of law principles. The Parties shall negotiate in good faith to resolve any
dispute arising out of this Agreement. If the Parties are unable to resolve any dispute
within fourteen (14) calendar days, the Parties may pursue any available legal remedies.
Any litigation between the Parties arising under this Agreement or out of work performed
under this Agreement shall occur, if in the state courts, in the Washington County Circuit
Court, and if in the federal courts, in the United States District Court for the District of
Oregon located in Portland, Oregon. The Parties consent to personal jurisdiction of the
courts identified in this section.
16. ASSIGNMENT.
No party shall assign its rights or obligations under this Agreement, in whole or in part,
without the prior written approval of the other Party or Parties.
17. SEVERABILITY/SURVIVAL OF TERMS.
If any provision of this Agreement is found to be illegal or unenforceable, this Agreement
nevertheless shall remain in full force and effect and the provision shall be stricken. All
provisions concerning indemnity survive the termination of this Agreement for any cause.
Page 5of14
18. FORCE MAJEURE.
In addition to the specific provisions of this Agreement, performance by any Party shall
not be in default where delay or default is due to war, insurrection, strikes, walkouts,
riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental
restrictions imposed or mandated by governmental entities other than the Parties,
enactment of conflicting state or federal laws or regulations, new or supplementary
environmental regulation, litigation or similar bases for excused performance that are not
within the reasonable control to the Party to be excused.
19. INTERPRETATION OF AGREEMENT.
This Agreement shall not be construed for or against any Party by reason of the authorship
or alleged authorship of any provision. The section headings contained in this Agreement
are for ease of reference only and shall not be used in construing or interpreting this
Agreement.
20. INTEGRATION.
This document constitutes the entire agreement between the parties on the subject
matter hereof and supersedes all prior or contemporaneous written or oral
understandings, representations, or communications of every kind on the subject,
including the Broadband User's Group Intergovernmental Agreement.
21. OTHER NECESSARY ACTS.
The Parties shall execute and deliver to each other any and all further instruments and
documents as may be reasonably necessary to carry out this Agreement.
22. NOTICE.
Except as otherwise expressly provided in this Agreement, any communications between
the Parties hereto or notices to be given hereunder shall be given in writing. Any notice
given by one Party to the other Party shall be deemed given and delivered (a) two days
after being mailed by U.S. mail, postage prepaid; (b) one day after being sent by email,
read receipt confirmed; or (c) when received, if personally delivered to the Party at the
Party's physical address.
For the City of Banks
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
Page 6of14
For the Banks Fire District
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For the City of Beaverton
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For the City of Cornelius
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For Clean Water Services
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For the City of Forest Grove
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For the City of Hillsboro
Contract Administrator Name, Title: Greg Mont, CIO
Address, City, State and ZIP Code: 150 E Main St, Hillsboro, OR 97123
Telephone: 503-681-5401
Email: greg.mont@hillsboro-oregon.gov
For the City of King city
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
Page 7 of 14
For the City of Lake Oswego
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For Metropolitan Area Communications Commission
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For the City of North Plains
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For the City of Sherwood
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For the Tualatin Hills Park and Recreation District
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For the City of Tigard
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For the City of Tualatin
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
Page 8 of 14
For Tualatin Valley Fire and Rescue
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For Washington County
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
For Washington County Consolidated Communications Agency
Contract Administrator Name, Title:
Address, City, State and ZIP Code:
Telephone:
Email:
Page 9of14
23. COUNTERPARTS.
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
All of the aforementioned is hereby agreed upon by the parties and executed by the duly
authorized representatives of the parties signing on the next page.
FOR CITY OF BANKS FOR BANKS FIRE DISTRICT
Signature Signature
Name (Printed) Name (Printed)
Title Title
Date Date
FOR CITY OF BEAVERTON FOR CITY OF CORNELIUS
Signature Signature
Name (Printed) Name (Printed)
Title Title
Date Date
Page 10 of 14
FOR CLEAN WATER SERVICES FOR CITY OF FOREST GROVE
Signature Signature
Name (Printed) Name (Printed)
Title Title
Date Date
FOR CITY OF HILLSBORO FOR CITY OF KING CITY
Signature Signature
Name (Printed) Name (Printed)
Title Title
Date Date
Page 11 of 14
FOR CITY OF LAKE OSWEGO FOR METROPOLITAN AREA
COMMUNICATIONS COMMISSION
Signature
Signature
Name (Printed)
Name (Printed)
Title
Title
Date
Date
FOR CITY OF NORTH PLAINS FOR CITY OF SHERWOOD
Signature Signature
Name (Printed) Name (Printed)
Title Title
Date Date
Page 12of14
FOR TUALATIN HILLS PARK AND FOR CITY OF TIGARD
RECREATION DISTRICT
Signature
Signature
Name (Printed)
Name (Printed)
Title
Title
Date
Date
FOR CITY OF TUALATIN FOR TUALATIN VALLEY FIRE AND
RESCUE
Signature
Signature
Name (Printed)
Name (Printed)
Title
Title
Date
Date
Page 13 of 14
FOR WASHINGTON COUNTY FOR WASHINGTON COUNTY
CONSOLIDATED COMMUNICATIONS
AGENCY
Signature
Signature
Name (Printed)
Name (Printed)
Title
Title
Date
Date
Page 14 of 14