HomeMy WebLinkAbout2026-058 IGA City of Newport INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF NEWPORT AND
THE CITY OF ASHLAND
FOR LITIGATION FUNDING
(To prevent an unlawful immigration detention facility and
removal of the USCG rescue helicopter)
This Intergovernmental Agreement ("this Agreement") is between the City of
Newport, an Oregon municipal corporation ("Newport"), and the City of Ashland, an
Oregon municipal corporation ("Funding Municipality"), each a "Party," and collectively
referred to in this Agreement as the "Parties."
RECITALS
A. Both Parties are units of local government, organized and operated under the laws
of the State of Oregon.
B. ORS 190.003 to 190.030 allows units of local government to enter into an
agreement for the performance of any or all functions and activities which such
units have authority to perform.
C. Cities have broad authority to protect the public peace, health, safety, and welfare
of their residents and businesses within their jurisdictions.
D. The Parties share mutual interests in protecting the public peace, health, safety,
and welfare of their residents and businesses within their respective jurisdictions,
and in minimizing impacts on tourism, public infrastructure, and the overall
well-being of their communities.
E. The potential establishment of an immigration enforcement, detention, processing,
or related facility in Newport, Oregon, has regional impacts on the community's
well-being and local economy.
F. The siting and operation of an immigration enforcement, detention, processing, or
related facility in or around Newport, Oregon, would have impacts on the
community's safety, local economy, and public infrastructure.
G. The United States Coast Guard ("USCG") rescue helicopter, located within the
grounds of the Newport Municipal Airport, is critical for search and rescue missions
in the region.
H. Newport has incurred outside counsel legal fees and costs and anticipates incurring
additional such fees and costs to (a) prevent the unlawful siting or operation of an
immigration enforcement, detention, processing, or related facility, and (b) prevent
the unlawful removal of the USCG rescue helicopter in Newport, Oregon
("Newport's Litigation").
INTERGOVERNMENTAL AGREEMENT—LITIGATION FUNDING Page 1 of 6
I. Funding Municipality wishes to provide financial support for Newport's Litigation.
J. The purpose of this Agreement is to establish the terms under which the Funding
Municipality will provide financial support to Newport for litigation costs incurred
for Newport's Litigation.
AGREEMENT TERMS
IT IS HEREBY AGREED by and between the Parties above-mentioned, in consideration of
the mutual promises hereinafter stated, as follows:
1. Litigation Costs. "Litigation Costs" means reasonable attorneys' fees, expert and
consultant fees, court costs, deposition and transcript fees, discovery vendor costs,
and reimbursable fees and costs related to Newport's Litigation.
2. Permitted Uses. "Permitted Uses" means the defined Litigation Costs, which may
only be used for Newport's Litigation, except as described in Section 5(b) below.
3. Payments.
A. Payment Structure. Subject to the conditions herein, Funding Municipality shall
provide Newport on an advance basis as follows: Advance payment shall be
made in the amount of fifteen thousand ($15,000) ("Funding") within thirty (30)
days of execution of this Agreement solely for the payment of Litigation Costs.
B. Payment Method. Funding Municipality shall make payments to Newport
either by direct deposit (ACH) or by check.
4. Fund Tracking. Newport shall place Funding in Newport's General Fund and track
Litigation Costs expenditures.
5. Limitations and Conditions.
A. Funding shall not be used for unrelated legal matters,fines, penalties,sanctions,
or internal administrative overhead not directly allocated to Newport's
Litigation.
B. Any change to Funding or expansion of Permitted Uses requires a written
amendment pursuant to Section 11.
6. Excess Funds Reconciliation. Within ninety (90) days following conclusion of
Newport's Litigation, including the resolution of any post-judgment motions and
appeals, Newport shall reconcile all funds received against the actual Litigation
Costs. If total public entity contributions exceed total actual Litigation Costs,
Newport shall return the excess to the contributing parties on a pro-rata basis,
calculated according to each public entity's percentage of the total contributions.
INTERGOVERNMENTAL AGREEMENT—LITIGATION FUNDING Page 2 of 6
In the event there are Excess Funds, Newport shall provide public entities with a
reconciliation statement and supporting activity report documentation.
7. Records.
A. Nothing in this Agreement requires disclosure of attorney-client privileged or
attorney work-product materials.
B. Newport shall maintain complete and accurate fiscal books and records of all
Litigation Costs related to this Agreement, in accordance with generally
accepted accounting principles.
C. Upon request by Funding Municipality, Newport shall provide Funding
Municipality non-privileged fiscal activity reports showing the amount of
donations received and expended for Litigation Costs. Funding Municipality
agrees that Newport is not required to provide it with outside counsel attorney
invoices.
D. Newport shall maintain fiscal records that relate to this Agreement for three (3)
years from the date of payment.
8. Effective Date. This Agreement is effective upon the signature of all Parties.
9. Initial Term. Unless extended or terminated earlier in accordance with this
Agreement,this Agreement will terminate within a period of one (1)year. However,
such expiration shall not extinguish or prejudice either Party's right to enforce this
Agreement with respect to any breach or default in performance which has not
been cured.
10. Renewal. No renewal period.
11. Modifications or Amendments. No modifications or amendments to this
Agreement will bind either Party unless in writing and signed by both Parties.
12. Termination. Parties may terminate this Agreement at any time by written
agreement with no liability on its part, except for payment for Litigation Costs
provided prior to the effective date of termination.
13. Authorized Representatives and Notice. Each of the Parties designates the
following individuals as its authorized representative for administration of this
Agreement.
City of Newport
Attention: Tiffany Johnson, City Attorney
169 SW Coast Highway
Newport, Oregon 97365
T.Johnson@NewportOregon.gov
541-574-0607
INTERGOVERNMENTAL AGREEMENT—LITIGATION FUNDING Page 3 of 6
City of Ashland
Attention: Sabrina Cotta, City Manager
20 E Main
Ashland Oregon
Sabrina.cotta@ashland.or.us
541-552-2106
Either Party may designate a new authorized representative by written notice to
the other.
Any notice, invoice, payment, demand, consent, approval, or other communication
to be given under this Agreement must be in writing and provided by email
addressed to the Party's authorized representative, except as provided below in this
section. However, if, in either Party's discretion, email is not the most appropriate
method for providing notice, then notice may be provided by personal delivery;
certified mail, postage prepaid, return receipt requested; or nationally recognized
overnight courier.The effective date of notice shall be:for notice by email,the date
and time sent if sent between the hours of 8:00 am and 5:00 pm, otherwise
effective at 8:00 am the following business day; for notice delivered in person, the
date and time of delivery; for notice by U.S. mail, three (3) days after the date of
certification; and for notice by overnight courier,the next business day after deposit
with the courier. Parties may change their respective authorized representative by
giving written notice to the other Party pursuant to the requirements of this
paragraph.
14. Assignment. Neither Party may assign rights or obligations under this Agreement
without the other Party's prior written consent.
15. No Third-Party Beneficiaries.This Agreement confers no rights on any third parties.
Funding Municipality and Newport are the only parties to this Agreement and are
the only parties entitled to enforce its terms. Nothing in this Agreement gives or
may be construed to give or provide any benefit or right to third persons, either
directly or indirectly, unless that party is identified by name in this Agreement.
16. Indemnity.
A. To the extent permitted by law, each Party shall be responsible for the negligent
or wrongful acts or omissions of its officers, employees, and agents. No Party
waives any governmental immunity, defense, or limitation of liability available
under applicable law.
B. In no event shall either Party be liable to the other for indirect, incidental, or
consequential damages arising out of this Agreement, except to the extent such
limitation is prohibited by law.
17. Dispute Resolution.The Parties shall make good-faith efforts to resolve any dispute
arising under this Agreement through cooperative means, which may occur at any
INTERGOVERNMENTAL AGREEMENT—LITIGATION FUNDING Page 4 of 6
management level. If the Parties are unable to resolve a dispute independently,
they are encouraged to pursue cooperative dispute resolution.
18. Attorney Fees. In the event an action,suit, proceeding, including appeals, is brought
for failure to observe any of the terms of this Agreement, each Party will be
responsible for that Party's own attorney fees, expenses, costs and disbursements
for the action, suit, proceeding, or appeal.
19. Choice of Law, Venue, and Jurisdiction. This Agreement shall be governed by and
construed in accordance with the laws of the State of Oregon, without regard to
conflict of law principles. Any action or suits involving any question arising under
this Agreement must be brought in the appropriate court of the State of Oregon,
and the Parties hereby consent to venue in Lincoln County Circuit Court, Oregon,
unless exclusive jurisdiction is in federal court, in which case venue shall be in
federal district court for the District of Oregon. This section does not constitute a
waiver by the Parties of any form of defense or immunity, whether governmental
immunity or otherwise, from any claim or from the jurisdiction of any court.
20. Merger and Contract Construction. This Agreement contains the entire agreement
of the Parties with respect to the subject matter of this Agreement, and supersedes
all prior negotiations, agreements, and understandings.
21. Severability of Provisions. Any provision of this Agreement held to be invalid,
illegal, or unenforceable by any court of competent jurisdiction shall be ineffective
to the extent of such invalidity, illegality, or unenforceability without affecting the
validity, legality, or enforceability of the remaining provisions to the extent that it
did not materially affect the intent of the Parties when they entered into the
Agreement; the rights and obligations of the Parties are to be construed and
enforced as if this Agreement did not contain the particular provision held to be
invalid.
22. Multiple Counterparts. This Agreement and any subsequent amendments may be
made in one or more counterparts, each of which, when so made, shall be deemed
to be an original and all of which taken together shall constitute one Agreement
binding on all Parties, notwithstanding that all Parties are not signatories to the
same counterpart. Each copy of this Agreement and any amendments so made will
constitute an original.
SIGNATURES FOLLOW ON THE NEXT PAGE
INTERGOVERNMENTAL AGREEMENT—LITIGATION FUNDING Page 5 of 6
SIGNATURES
IN WITNESS WHEREOF, the Parties have executed this Agreement by the date set forth
below.
CITY OF NEWPORT CITY OF Ashland
Approved by: Approved by:
(f' rL9_
By: Jan Kaplan(Jun 17,2026 11:33:06 PDT) By: �2,/� _,&!��
Jan Kaplan, Mayor Sabrina Cotta, City Manager
06/17/26 Date: 5/6/2026
Date:
Approved as to form by:
Approved as to form by:
Joh Pietila, City Attorney
Tiffany Johnson, City Attorney
Jun 18, 2026 Date: 05/06/26
Date:
INTERGOVERNMENTAL AGREEMENT—LITIGATION FUNDING Page 6 of 6
Newport_Ash land_Litigation_I GA
Final Audit Report 2026-06-18
Created: 2026-06-17
By: Allie Anderson(a.anderson@newportoregon.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAN8cC6ybBQoO-BxPo6Ew_iwNdipvefLcg
"Newport_Ashland_Litigation_IGA" History
Document created by Allie Anderson (a.anderson@newportoregon.gov)
2026-06-17-3:30:06 PM GMT
Document emailed to Jan Kaplan a.kaplan@newportoregon.gov) for signature
2026-06-17-3:30:13 PM GMT
Document emailed to Tiffany Johnson (t.johnson@newportoregon.gov) for signature
2026-06-17-3:30:13 PM GMT
Email viewed by Jan Kaplan 0.kaplan@newportoregon.gov)
2026-06-17-6:32:52 PM GMT
Document e-signed by Jan Kaplan Q.kaplan@newportoregon.gov)
Signature Date:2026-06-17-6:33:06 PM GMT-Time Source:server-Signature Appearance Selected: DRAW
Email viewed by Tiffany Johnson (t.johnson@newportoregon.gov)
2026-06-18-4:11:24 PM GMT
Document e-signed by Tiffany Johnson (t.johnson@newportoregon.gov)
Signature Date:2026-06-18-4:12:46 PM GMT-Time Source:server-Signature Appearance Selected: IMAGE
Agreement completed.
2026-06-18-4:12:46 PM GMT
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