Loading...
HomeMy WebLinkAbout2026-045 AGRMT Oregon Association of School Business Officials PENSION OBLIGATION BOND ANALYSIS PARTICIPATION AGREEMENT This Pension Obligation Bond ("POB")Analysis Participation Agreement("Agreement") is entered into as of 2326("Effective Date"), by and between the Oregon Association of School Business 09fcia|s (OASB0)and ("Participating Employer"). ' l. Purpose ofAgreement OASBO has entered into a master agreement with ECOnorthwest for the development of a POB risk/return analysis (the "POB Analysis Project"), including three evaluations to be completed in June 2O26,June 2027,and June IO2O. Optimal timing for delivery of results may be affected by evolving conditions in the municipal bond market or other factors. OASBO, in consultation with ECOnorthwest, may adjust the timing to of the analyses to ensure the assessments provide timely and relevant information. Through this Agreement, Participating Employer elects to receive access to these analyses, participate in informational sessions,and utilize the resulting deliverables to inform its local decision-making. Participating Employer acknowledges that OASBO is solely the contracting entity and that ECOnorthwest is the analytical vendor engaged byOAS8O. 3.Termn This Agreement shall commence on the Effective Date and continue through December 31, 2028, unless extended in accordance with Section O. 3. Services Provided byECOnorthxxesi EC0norihm/esi shall provide the following tn the Participating Employer: A.Access toDeliverables Participating Employer will receive the following deliverables from each of the three analyses: 1. Comprehensive written report summarizing assumptions, methodology,tools, and modeled outcomes. 2. Executive summary designed for leadership and board-level communication. 3. PowerPoint summary presentation. , 4. Participation in one statewide presentation per analysis. 4. Employer Responsibilities Participating Employer agrees to: 1. Pay participation fees ay described in Section 5. I Use deliverables solely for internal evaluation and po|icymaNn8 purposes, consistent with the use restrictions outlined in this Agreement. Page 1 of � � 5. Fee for Participation � � The fee for participation in the P08 Analysis Project is$2,500. � Payment Terms * Invoices will be issued upon execution of this Agreement. � w Payment is due in full by June IS, 2O26. * Access to materials and deliverables will not be granted un|syu payment is received. • Failure to remit payment by the due date may result in suspension of access to all materials and participation opportunities. 6.Work Product and Use Restrictions All analyses and deliverables are produced by ECOnorthwest under contract with OASBO. A.Ownership ECOnorthwest retains ownership of modeling tools, methodologies, and underlying intellectual property. D. License toParticipating Employer Participating Employer is granted a non-transferable license to use the materials to help evaluate the financial risks and potential benefits of issuing POBs under varying economic conditions. C. Restr\ctions Participating Employer may not: w Publish,sell, or redistribute deliverables outside its organization. • Other than those parties identified below, share materials with third parties without OASBO's and EC0northmest's prior consent. w Modify orrepresent modeling outputs as its own. ° Use deliverables to develop competing analytical products. Reasonable sharing with bond counsel, financial advisors, underwriters, auditors, or other public-sector partners is permitted as part of normal district dedyion-making. Additionally, prior to a decision to issue a PDB, Participating Employers one required to transmit the assessment io the Oregon State Treasury. 7. Limitation of Liability OASBO is serving solely as the contracting entity and is not responsible for any decisions that Participating Employers may or may not make based on the results of these assessments. OASBO shall not be liable for any failure on the part of ECOnorthwest to deliver assessments or other deliverables, except to the extent of any fees paid for undelivered services. To the fullest extent permitted by law, OASBO and ECOnorthwest shall not be liable for: Page 2of4 • Market volatility or investment outcomes. � * Future changes in interest rates or actuarial assumptions, w Governing body decisions based on provided information. w Any consequential, indirect, or speculative damages. The Deliverables are decision-support tools only and do not constitute financial, legal, or investment advice, nor du they guarantee any specific outcome. Nothing in this Agreement shall be construed as creating a financial advisory relationship between OAS8O, ECOnorthwest, and the Participating Employer. 8. Extension ofTlmneUne Extension. If market conditions or other external factors indicate that preparation of one or more assessments during the term of this Agreement would not be productive, OASBO and ECOnorthwest may, in their sole discretion, mutually agree to extend the term of the Agreement and adjust the delivery timeline accordingly. Any request by a Participating Employer to receive an assessment on a different timeline must be arranged separately and may be subject to additional fees. 9' Force K8ajeuve Neither party shall be liable for delays or failure to perform due to events beyond its reasonable control, including by not limited to acts of God, market disruptions,governmental actions, natural disasters, or other unforeseen circumstances. 1O.Governing Law This Agreement shall be governed and construed by the laws of the State of Oregon. 11' Noticey All notices under this Agreement shall be provided in writing and delivered via email or U.S. mail to the designated contacts of each party. 12' Entire Agreement This Agreement constitutes the full and complete agreement between the parties with respect to participation in the POB Analysis Project and supersedes all prior discussions or agreements,whether written or oral. Page 3of4 SIGNATURES Participating Employer Name: a Title: Agency: , �In Address: �? E= Molt S u Tax ID: Main Contact: � (Name& Email) (�` i ,w, its JOLVA Lj� Signature: Date: Oregon Association of School Business Officials Name: Jackie Olsen Title: Executive Director Address: 707 131h Street SE, Suite 100 Salem, OR 97301 Tax ID: 93-0692317 Email: jolsen@oasbo.com Signature: 04go, Date: 05/05/2026 Page 4 of 4