What is an ORS 190 Agreement?
An ORS 190 Agreement is an intergovernmental agreement between two or more public agencies that seek to foster efficiency and economy by promoting the use of existing resources. In this section of the manual, the term “public agencies” includes the following entities as defined in ORS 190:
- Units of local government (ORS 190.003).
- Public agencies (ORS 190.410).
- State agencies (ORS 190.480).
ORS 190 provides for the following types of agreements:
- Interagency Agreements (IAA) among agencies of Oregon state government.
- Intergovernmental Agreements (IGA) among the Oregon public agencies of state, local or federal government.
- Interstate Agreements (ISA) among Oregon public agencies and public agencies of other states.
- International Agreements (INA) among agencies of Oregon state government and countries outside of the United States.
- Tribal Agreements among Oregon public agencies and American Indian tribes or an agency of an American Indian tribe.
A state agency may enter into an ORS 190 Agreement with another state agency or with one or more public agencies within the state, in other states, or with a nation or national agency other than United States for the purpose of joint or cooperative action in executing the agency’s powers, privileges or authority.
When to use ORS 190 Agreements
Agencies must make their Buy Decision in the priority order specified in administrative rule. ORS 190 Agreements, however, are not subject to the Buy Decision rule and an agency may elect to use this method at any time.
How to process ORS 190 Agreements
A state agency may enter into an ORS 190 of any kind through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreement. The following sections provide details of specific requirements for the varying types of ORS 190 Agreements.
Additional legal provisions may be required based on the type of agreement or the functions or activities performed under the agreement. Agencies should reference applicable statutory provisions of ORS 190 to ensure they meet all legal requirements for their specific Interagency, Intergovernmental, Interstate, International, or Tribal Agreement.
An ORS 190 agreement must provide, as applicable:
- The term or duration of the agreement.
- Names of the parties to the agreement.
- Whether the agreement forms a separate legal or administrative entity.
- Purpose of the agreement and description of the functions or activities to be performed by parties to the agreement.
- The means of funding the expenses incurred in the performance of the functions or activities of the joint or cooperative undertaking.
- The distribution of revenue derived from the functions or activities and the manner in which the parties will account for revenue.
- The transfer of personnel and the preservation of employment benefits.
- The transfer of possession of or title to real or personal property.
- The rights of the parties to terminate the agreement.
- Provisions and related insurance requirements for applicable risk transfer (hold-harmless/indemnification or contribution).
- Other necessary or appropriate information.
|An Interagency Agreement doesn't require legal sufficiency review before taking effect.|
Intergovernmental and Tribal Agreements
|Intergovernmental and Tribal Agreements that exceed $150,000 must be submitted to the Attorney General before taking effect.|
Interstate and International Agreements
|Regardless of the agreement price, all Interstate and International Agreements must be submitted to the Attorney General before taking effect.|
ORS 190 Agreement reporting requirements
A state agency must report the following summary information through ORPIN within 30 days of the effective date of an ORS 190 Agreement:
- Names of the parties.
- Date of the agreement.
- Subject matter of the agreement.
- The name of the agency through which a person may obtain a copy.