Whatever happened to win/win negotiating?

Published 11:02 am Tuesday, July 28, 2015

To the editor:

The issue that concerns me the most about the ICWD contract situation is that it appears we have three parties, Polk County Commissioners, Polk County citizens and ICWD management, all set in their beliefs with a “my way or the highway attitude” on having or not having a 75-year contract.

This type of attitude will not lead to any degree of satisfaction by all of the parties. Every contract I have been involved with in my prior life was personally entered into with a win/win attitude for all parties involved. This approach invariably resulted in less stressful negotiating and a happier customer.

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Although a 75-year contract looks excessively long it doesn’t have to be if it’s structured in a fashion where all parties are protected both financially and from a control of resources position. For example, ICWD wants a 75-year contract since they will be paying for the dredging and dam maintenance so let’s give it to them, with a few conditions.

Polk County doesn’t want give up their water resource for 75 years since a lot of things could change over such a long a period of time so it might be prudent to structure the period of the contract to allow the county to opt out of the contract if it becomes prudent to do so, also with a few conditions.

As a starting point I offer the following suggestion on a 75-year contract. Break up the contract into three 25-year periods with each party having the option of exiting the contract after 25 years with the following stipulation.

If either party opts out at the end of the first 25 years Polk County would reimburse ICWD 2/3 of the dredging and dam maintenance costs to-date. If either party opts out after 50 years Polk County would reimburse ICWD 1/3 of the costs incurred from contract inception to-date. At the end of 75 years the contract could be terminated by either party with no monetary penalty or it could be renegotiated for an extension.

Polk County could put money aside each year in anticipation of a possible opt out situation to cover the reimbursement costs and if reimbursement never happens that might lead to a reduction in taxes or a nice rainy day fund.

And by the way, I never entered into a contract without expert legal advice. I considered it like taking out an insurance policy.

Karl Kachadoorian
Tryon, N.C.