HomeMy WebLinkAboutResolution_04-99/00_10/14/1999RESOLUTION NO. 4-99/00
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING THE INTERLOCAL
~' AGREEMENT TO ESTABLISH MUNICIPAL PUBLIC
SAFETY COMMUNICATIONS CONSORTIUM OF PALM
j BEACH COUNTY AND AUTHORIZING THE MAYOR OR
VILLAGE MANAGER TO EXECUTE THE SAME ON
BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AS FOLLOWS:
Section 1. The Interlocal Agreement to Establish
Municipal Public Safety Communications Consortium of
Palm Beach County, attached hereto as Exhibit "A" and
incorporated by reference as part of this Resolution
is hereby approved and the Mayor or Village Manager of
the Village of Tequesta is authorized to execute the
same on behalf of the Village of Tequesta.
• Section 2. In the event that the Consortium is
unwilling to amend the Interlocal Agreement in the
future to include all reasonable requests of the
Village of Tequesta or any other municipalities in
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~ Palm Beach County, the approval of this Interlocal
Agreement shall be nullified and the Village Manager
~ is authorized to take all steps necessary to formally
remove Tequesta from membership and participation in
~~ the Municipal Public Safety Communications Consortium
of Palm Beach County.
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THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
~ Hansen who moved its adoption. The motion was
seconded by Councilmember Schauer ,and upon being
I put to a vote, the vote was as follows:
~I FOR ADOPTION AGAINST ADOPTION
Basil E. Dalack
Carl C. Hansen
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Ron T . P~Iacka i 1
" Elizabeth A. Schauer
The Mayor thereupon declared the Resolution duly
passed and adopted this 14th day of October, A.D.,
I 1999.
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MAYOR OF TEQUESTA
,+ ,
Ron T. Mackail
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ATTEST:
oann Mangani llo
Village Clerk
MyDocuments\Resolutions
INTERLOCAL AGREEMENT
to establish
Municipal Public Safety Communications Consortium of Palm Beach County
THIS AGREEMENT, entered into this day of 1999, by the
municipalities of Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes,
Delray Beach, Greenacres, Gulfstream, Highland Beach, Hypoluxo, Juno Beach, Jupiter,
Jupiter Inlet Colony, Lake Clarke Shores, Lake Park, Lake Worth, Lantana, Manalapan,
Mangonia Park, North Palm Beach, Ocean Ridge, Pahokee, Palm Beach, Palm Beach
Gardens, Palm Beach Shores, Palm Springs, Riviera Beach, Royal Palm Beach, South
Bay, South Palm Beach, Tequesta, Wellington, West Palm Beach; each a Florida
municipal corporation located in Palm Beach County, Florida and the Palm Beach
• County School District, a unit for the control, organization and administration of schools.
WITNESSETH:
WHEREAS, each of the Parties presently maintains a police or fire department
utilizing radio communications services, and
WHEREAS, the Parties desire to enter into a cooperative arrangement to provide
communications services benefiting public safety; and
WHEREAS, the use of a consortium of the Parties to provide radio
communications services expands the geographical use of available frequencies for
mutual aid and day-to-day activities; and
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WHEREAS, pursuant to this Interlocal Agreement, the Parties' respective police
• and fire departments will be able to communicate with each other benefiting public safety
concerns; and
WHEREAS, the Parties desire to have improved radio communications with
other county, state and federal public safety agencies; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement for
the express purpose of cooperating in the provision of public safety communications
services; and
WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969", authorizes local governmental units to make the most efficient
use of their powers by enabling them to cooperate with other localities on a basis of
mutual advantage and thereby to provide services and facilities in a manner and pursuant
• to forms of governmental organization that will accord best with geogra hic, economic,
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population, and other factors influencing the needs and development of local
communities; and
1vOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations herein, the Parties hereto agree as follows:
Section 1. PURPOSE:
The purpose of this Agreement is to provide for the establishment and operation of a
consortium:
A. To facilitate the provision of countywide interoperable radio service to the
municipal public safety agencies of Palm Beach County.
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B. To purchase, install, maintain and operate the necessary equipment to complete
• the radio system backbone and provide access to the 800 MHZ Radio Network for
its members.
C. To provide, maintain and operate the necessary means of connectivity between
the new radio system backbone components, existing or planned radio systems
and the Smartzone Switch.
D. To provide management and maintenance services for the consortium
communications systems.
E. To provide other public safety communications services to its members as the
Board of Directors deems appropriate.
Section 2. CREATIOiV
There is hereby created an administrative agency to be entitled the Municipal Public
• Safety Communications Consortium of Palm Beach County, herein after referred to as
"MPSCC". The MPSCC shall have the following general powers by the parties:
A. Purchase, lease, sublease or be assigned the lease of real property from any
private party, political subdivision of the State of Florida or other governmental
entity;
B. Receive funds, including but not limited to, gifts, grants and bequests, from any
source, public or private, provided that no power to levy taxes or assessments be
inferred herefrom;
C. Improve and maintain any and all real property acquired by purchase, lease,
sublease or assignment of a lease;
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D. Purchase, lease and install fixtures, equipment, and real property appropriate to a
• public safety communications system;
E. Enter into contracts; and
F. Exercise any other power that may be necessary for the operation of a public
safety communications system or that may hereafter be agreed to by the Parties if
within the common powers of all the Parties;
G. Hold titles and licenses for the operation of the radio Backbone System;
H. Employ agencies or employees;
I. Acquire, construct, manage, maintain or operate buildings;
J. Acquire, hold or dispose of property;
K. Incur debts, liabilities or obligations which do not constitute the debts, liabilities
or obligations of any of the Parties;
• L. Enter into separate agreements between the Consortium and any of its members;
M. Assess costs or membership dues to its Members.
Section 3. TER~~I
The term of this Agreement shall be for fifteen (15) years from the execution of this
Interlocal Agreement by all Parties hereto, un!eas sooner terminated as provided herein.
The term of this Agreement may be extended by the agreement of the Parties.
Section 4. DEFINITIOtiS
A. "800 ~1HZ Trunked Radio Systems (TRS)" or `'System" shall mean the entirety
of any TRS owned by one of the parties.
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B. "Backbone system" shall mean those non-user specific elements of the System
• which shall be jointly used or shared by the Parties and shall include, but not be limited
to, the construction, modification and/or furnishing of new or existing
transmitter/receiving sites and related subsystems as required for such System; the
construction and/or modification and out-fitting of new or existing equipment storage
facilities at such sites; security of such items, base stations, transmitters/receivers,
microwave subsystem, trunking/simulcast controllers/system managers, related software
and any other jointly used or shared items.
C. "Board" shall mean the Board of Directors.
D. "Connectivity" shall mean the method of connecting the various sites in the radio
network including, but not limited to, microwave, data links and telephone lines.
E. "Consortium" shall mean an authority created to carry out the purposes set fortl~i
• in this document.
F. "Eligible Municipality" shall mean any municipality or government entity which
provides its own police, fire or other public safety related service.
G. "FCC" shall mean the Federal Communications Commission or any successor
agency.
H. "HUB Group" shall be a geographically related group of municipalities or
government entities for the purpose of providing communication services.
"~iPSCC" shall mean Municipal Public Safety Communications Consortium.
"titember" shall mean any Party to this Agreement. Member and Party may be
used interchangeably.
K. "Smartzone Switch" shall mean a component of the County radio system designed
• to provide an interface point with other radio systems.
L. "User Specific Items" shall mean those elements of the system required for each
Party's individual communications system, purchased, installed and/or used individually
by each Party and shall include, but not be limited to, radios, dispatch consoles,
encryption devices, computer terminals, and other communications structures.
Section 5. GENERAI. TERMS AND CONDITIONS
A. This Interlocal Agreement states all the rights, responsibilities and obligations of
the Parties to each other, representing the entire understanding between the Parties, and
superseding all other negotiations, representations, or agreement, either written or oral,
relating to the subject matter of this Interlocal Agreement. This Interlocal Agreement
may not be changed, altered, amended or modified except by written instrument signed
• by the duly authorized representatives of all Parties.
B. The headings given to the sections herein are inserted only for convenience and
are in no way to be construed as part of this Interlocal Agreement or as a limitation.of the
scope of the particular Section to which the heading refers.
C. This agreement constitutes an Interlocai Agreement authorized by Section 163.01,
Florida Statutes, being a joint exercise of power shared in common which any
municipality could exercise separately and shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County, Florida.
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D. Nothing under this Interlocal Agreement shall be construed to give away any
• rights or benefits of any party to this agreement to anyone other than the above listed
parties, and all duties and responsibilities undertaken pursuant to this Interlocal
Agreement will be for the sole and exclusive benefit of the Parties, and not for the benefit
of any other agency or agencies.
E. This Interlocal Agreement may not be assigned by any party hereto.
Section 6. BOARD OF DIRECTORS
The MPSCC shall be governed by a board to be known as the Boazd of Directors. The
governing body of each Member municipality shall appoint one person to the Board. The
governing body shall also select an altemate member for the Board, who shall serve in
the absence of the regular member for whom he or she is an alternate.
A. A chairperson and vice-chairperson shall be selected by and from the Board
• membership. Their duties shall be delineated in the by-laws created in
accordance with Section 7-D.
B. The chairperson and vice-chairperson shall serve for a term of two (2) years and
may serve successive terms without limitation. Board members shall serve
without compensation from MPSCC; however, the MPSCC may reimburse the
member for expenses incurred for attendance at meetings.
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C. Each Board Member shall have one vote, however votes shall be weighted as
i follows; Members' votes from municipalities with a population of 20,000 or less
shall have a weight of one. Members' votes from municipalities with a
population of 20,001 to 50,000 shall have a weight of two. Members' votes from
municipalities with a population of 50,001 or more shall have a weight of three.
The population statistics shall come from the University of Florida's Bureau of
Economic and Business Research. The Board of Directors may modify this
formula as necessary.
D. Action of the Board shall be by the majority of votes present in consideration of
the weight of each vote.
E. The Board shall establish such procedural rules and regulations for the conduct of
its meetings, as it may deem necessary. These rules and regulations shall becorae
• part of the by-laws.
F. The Board shall meet at least quarterly and at such other times, as the Board shall
determine. All decisions of the Board shall be published in a set of minutes,
prepared by the Executive Director. Procedures for preparing and distributing the
minutes shall be set forth in the by-laces.
G. The number of members required to constitute a quorum shall be one third of the
total membership. Alternate members as designated in Section 6 may be counted
in establishing a quorum.
H. The Board of Directors may appoint as "Ad Hoc" members a representative from
any public safety agency, which has an interest in countywide radio
communications, but is not a member of the Consortium.
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(l.) "Ad Hoc" Members shall not have a vote on issues before the
Board of Directors, but may provide input from their agency for
consideration by the Board.
(2.) "Ad Hoc" Members shall serve without compensation from the
MPSCC.
(3.) "Ad Hoc" iVfembers shall not be liable for any costs of the
ivIPSCC.
(4.) -The head of the agency selected as an "Ad Hoc" Member shall
designate one person and an alternate to serve on the Boazd.
(5.) The initial "Ad Hoc" Member agencies shall be:
Palm Beach County Sheriff's Office
Palm Beach County Fire-Rescue
• Section 7. MANAGEMENT
A. The Board of Directors may delegate responsibility for the oversight of the
Consortium's operations to the Executive Committee. .
(1.) The Executive Committee shall consist of the Chairperson of each
HUB Group plus the Chairperson of the Board of Directors. The
Chairperson of the Board of Directors shall serve as the
Chairperson of the Executive Committee.
(a.) In the event the chairperson of a HLB Group is also
the Chairperson of the Board of Directors, that Hub
Group shall elect another member to represent it on
the Executive Committee.
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(2.) The exact duties and procedures for the Executive Committee shall
. be enumerated in the by-laws.
(3.) The Executive Committee may review the actions of the Executive
Director and make recommendations.
(4.) The Executive Committee shall meet as necessary.
(5.) Each member of the Executive Committee shall have one vote on
matters before the Committee.
B. The authority for the day-to-day operation of the Consortium will rest with the
Executive Director.
(1.) The Executive Director shall serve at the pleasure of the Board of
Directors. The Board of Directors may enter into a contract with
the Executive Director.
(2.) The Executive Director may create other necessary positions and
fill them according to the personnel procedures set up in the by-
laws.
C. Advisory Committees may be appointed by the Board of Directors to provide
direction on matters before the Board.
D. The Board of Directors shall within forty-five (45) days of the effective date of
this Agreement, cause a by-laws document to be created and approved by a majority of
the Board.
(l .) The by-laws shall set forth the operating, administrative and
personnel procedures of the Consortium.
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(2.) Nothing in the by-laws may supercede any provision of this
• Agreement.
(3.) Amendments to the bylaws shall require approval of at least fifly-
one percent of the weighted votes present at the meeting.
(4.) All members must be notified in writing at least twenty-one days
prior to any meeting involving a vote to amend the bylaws.
E. The Criminal Justice Commission of Palm Beach County through its Law
Enforcement Planning Council shall serve as the coordinating entity for the MPSCC until
December 1, 1999 or such time as twenty-five percent of the eligible cities who desire
participation have approved this Agreement.
(l .) Upon reaching December 1, 1999 or obtaining twenty-five percent
of eligible municipalities desiring participation, a Board of
Directors shall be appointed by the city managers of those
municipalities.
(2.) The Board of Directors may appoint an interim Executive Director
to begin establishing the administrative functions of the IViPSCC.
(3.) The Board of Directors shall determine when all eligible
municipalities have approved this agreement, declined
participation, or declined by reason of lack of response and that
this agreement creating the NIPSCC is considered to be effective.
(4.) The Board of Directors shall then appoint a permanent Executive _
Director.
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Section 8. FINANCIAL STRUCTURE
A. The Consortium is a cost sharing organization with costs divided among its
members as set forth within.
B. The Consortium may seek and be entitled to receive funds from the County, State
and Federal Governments.
C. The Executive Director shall prepare an annual budget for approval of the Board
of Directors.
(l.) The fiscal year for the Consortium shall begin on October ls` of
each year.
(2.) The first fiscal year of the IViPSCC shall begin with the effective
date of this Agreement and end on September 30`h of that year.
(3.) The Executive Director shall within nine months of the effective
date of this Agreement prepare a capital expenditure budget.
(a.) The Executive Director shall prepare a detailed
initial budgetary analysis showing the individual
expenses of each HUB and the total anticipated
obligation of each Member municipality.
(b.) The Capital expenditure budget and budgetary
analysis shall be provided to each Member within
ten days of their approval by the Board of Directors.
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D. Costs associated with the radio network shall be assigned to the HUB Group that
incurs them. The HUB groups are:
North West
Central South
West-Central School District Police
(l.) Each HUB Group may select the projects it wishes to be involved
in. The Group may also determine the extent it wishes to
participate in larger general projects.
(2.) Each Member shall select its HUB affiliation within thirty days of
ratifying this agreement. This selection shall be presented to the
Board of Directors for their approval.
(3.) Cost within each HUB shall be apportioned according to the
population total the percentage of each Member municipality's
population in relation to the population total of members in the
HUB .
(4.) A HUB Group may choose to use a different cost sharing formula
within that HUB subject to approval from the Board of Directors.
(5.) The )Members of each HUB group shall constitute an advisory
committee to the Board of Directors.
(6.) The Board of Directors may create or delete HUB Groups as
necessary.
(7.) Each HUB Group shall elect a Chairperson to serve atwo-year
term.
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(8.) Actions of the HUB Groups shall be by majority of votes present
• in consideration of the weight of each vote.
E. General operating costs of the Consortium shall be apportioned between the
Members according to the percentage the Member's municipality represents in relation to
the total population served by the Consortium. The Board of Directors may modify this
cost apportionment formula as it deems necessary.
(l.) The population figure applied to the School District HUB shall be
the averaged population of the Category Two municipalities.
F. Funds coming into the Consortium from sources other than Member payments
shall be used for the expenses of the HUB units and divided according to the percentage
that incoming funds represent in relation to the total budgeted expenses of the HUBS for
that fiscal year. This percentage of the incoming funds will be applied to each HUB's
• expenses. Grants of funds obtained for specific purposes may be exempt from this
formula at the discretion of the Board of Directors. The Board may modify this formula
as it deems necessary.
G. The Consortium shall notify each Member of the amount of its obligation to the
MPSCC for the next fiscal year no later than March ls` of each year.
H. Nothing in this agreement shall interfere with or modify any existing agreements
between municipalities regarding the operation of existing or planned radio systems.
The Board of Directors shall establish procurement policies and procedures.
These shall be included in the bylaws.
The iv1PSCC shall hold title to all assets purchased by the Consortium.
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K. The Boazd of Directors shall establish an auditing procedure that shall include at
least eazly audits of the Consortium's financial records by an outside auditing firm. These
procedures shall be delineated in the bylaws.
L. The Boazd of Directors shall establish procedures for handling the Consortium's
financial transactions and setting up the required accounting systems. These procedures
shall become a part of the bylaws.
M. Members joining the MPSCC after its effective date may be assessed a
proportionate share of prior expenses as determined by the Board of Directors.
N. Radio frequencies belonging to a Member maybe used by the MPSCC with the
owner's permission. Frequencies utilized under this sharing agreement will remain the
property of the Member. Frequencies which are an integral part of existing radio
infrastructures, specifically the West Palm Beach and South County Cooperative systems,
shall remain under the sole control of these entities and not be subject to any restrictions
• under this Agreement.
(1.) A Member may transfer its frequency license to the
MPSCC for compensation to be determined by the Board
of Directors. This compensation will be in the form of a
credit towards the Member's obligations to the MPSCC.
(2.) The MPSCC will be responsible for any licensing fees or
expenses for frequencies transferred to it.
O. The MPSCC may provide radio services for other law enforcement agencies or
municipal departments other than law enforcement at the discretion of the Board of
Directors.
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(1 •) Municipalities or agencies desiring these additional
services shall send a request to the Board of Directors.
• (2.) The Boazd of Directors shall set a fee schedule for these
services.
(a.) This fee schedule shall be included in the initial
budget proposal set forth in Section 8-C.
(3.) The fee schedule may be adjusted yearly by the Board of
Directors to ensure equitable cost sharing.
(a.) The fee schedule shall be included in each fiscal
year budget.
(4.) Revenues from these fees will be directed to the HUB
Group in which the user is located.
P. The Executive Board shall establish policies and a cost formula for Members who
• contract with other Members for communications services and do not directly utilize
Iv1PSCC services.
Section 9. EMPLOYEE PROCEDURES
A. All employees shall serve at the pleas~r~ of the Executive Director.
B. The Executive Director shall prepare a set of personnel policies and procedures
for approval by the Board of Directors. These shall be included in the bylaws upon
approval.
C. The Executive Director shall recommend a compensation package for each
employee classification for approval by the Board of Directors.
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D. The MPSCC is an Equal Opportunity/Affirmative ActionNeteran's Preference
Employer.
• E. In the event the MPSCC absorbs a communications service of one of its
Members, all employees of that Member associated with that service shall be given an
opportunity to become MPSCC employees. This opportunity shall be available during a
period no less that forty-five days prior to the effective date and ending fifteen days after
that date.
(1.) All employees absorbed from another member agent must conform
to the policies, procedures and standazds of the MPSCC.
(2.) Exact procedures for implementation of this section shall be
delineated in the bylaws.
F. MPSCC employees shall have a benefit package as approved by the Board of
Directors.
• G. In the event that a group of agencies elects to participate in a cooperative radio
dispatch center, the group will form a section separate from the radio system HUBS. The
directors of this group will comprise a Dispatch Management Committee. This
Committee shall have authority over the dispatch personnel and responsibility for setting
dispatch and personnel policies.
(l .) These policies shall be delineated in a sub section of the bylaws.
(2.) The Dispatch Section will have responsibility for all expenses
incurred by the dispatch operation.
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(3.) A Member of a HUB Group may chose not to participate in the
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cooperative dispatch center and may still participate in the HUB's
radio system.
(4.) Any Member that participates in the cooperative dispatch center
but not in the radio system shall have a seat and weighted vote on
the Dispatch Management Committee, but shall not have a seat on
the Board of Directors.
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SECTION 10. LIABILTY
A. To the extent permitted by law, each Party shall each be responsible for its own
negligence. Nothing herein shall be deemed to waive any immunities granted pursuant to
Section 768.28, Florida Statutes.
B. During the term of this Interlocal Agreement, and any extension thereof, the
MPSCC shall secure and maintain in full force and effect adequate insurance for all
equipment titled to the MPSCC. Adequate insurance shall mean in an amount sufficient
for total replacement of that equipment. .
C. The MPSCC shalt secure and maintain in full force and effect adequate liability
insurance during the term of this Interlocal Agreement. The amount of insurance to be
deemed adequate shall be determined by the Board of Directors.
SECTION 11. DISPUTE RESOLUTION
A. Any disputes or disagreements between any of the Parties shall be heard by the
Dispute Resolution Committee.
(1.) The Committee shall be appointed by the Chaitinan of the Board
of Directors within ten days of his election.
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(2.) The Committee shall consist of one member from each size group
of municipalities for a total of three members. An alternate from
• each size group category shall also be appointed to fill-in if an
original member should be a party to a dispute and have to
withdraw.
(3.) The Committee shall serve atwo-year term.
B. The recommendations of the Dispute Resolution Committee shall be presented to
the Board of Directors for implementation.
C. Nothing in this Agreement will prohibit any member from any legal remedies that
he might otherwise have.
D. This Agreement shall be governed by the laws of the State of Florida. Any and all
legal action necessary to enforce this Interlocal Agreement shall be held in Palm Beach
County, Florida.
(l .) The Board of Directors and each Member shall have the right to
enforce the provision of this Agreement. A defaulting Member
shall be responsible for any court cost and legal fees incurred by
the Municipal Public Saf;.ty Communications Consortium.
(2.) If after an investigation or litigation of the alleged default, the
defaulting Member is found not to be in default, the Member may
recover costs incurred from the Consortium.
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SECTION 12. CANCELLATION OR WITHDRAWAL FROM THIS
AGREEMENT
• A. In the event that any portion of this Interlocal Agreement shall be held invalid for
any reason, such invalidity shall not effect the remaining portions of this Interlocal
Agreement and the same shall remain in force and effect.
B. Any Party after the effective date of this Agreement may withdraw from the
IviPSCC and terminate their interest in this Agreement upon one year's prior written
notice to the Board of Directors.
(1 •) Any Member may withdraw from the MPSCC within sixty days of
receipt of the initial capital budget and cost projections as specified
in Section 8-C (3)(b) without penalty and without invoking the
notices required in Section 12-B and Section 12-E, if the budget
projections are not satisfactory to the Member.
• (2.) If a Member or Members withdrawal should occur after the first
review of the initial budget and cause a change in the financial
obligations of the remaining Members; the Board of Directors shall
re-notice all Members of the new cost figures and allow an
additional thirty day withdrawal period without penalty.
C. There shall be no refund of any payments made under this Agreement for
equipment purchased or services rendered if a Party chooses to withdraw from the
MPSCC.
D. No Party shall remove or disconnect any User Specific items from the system that
would result or cause the system to malfunction or disrupt service to the svstem users.
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E. Three years prior written notice to the Board of Directors is required to reclaim
any radio frequencies that are shazed with the MPSCC and are being utilized by the
• MPSCC when a Member wishes to withdraw from this Agreement.
(l.) Should the MPSCC be dissolved, all shazed frequencies will revert
back to their original owner.
(2.) Should the MPSCC be dissolved, any iY'equencies licensed to the
MPSCC shall be transferred to the HLJB Groups utilizing them.
F. Should the MPSCC be dissolved by a two thirds written vote of the membership:
(1.) All equipment and real property being utilized by each HUB group
will be retained by that group.
(2.) HUB Groups will become responsible for any outstanding
contracts or obligations relating to that group.
(3.) Any general assets of the MPSCC shall be dissolved and the
• proceeds distributed to the Members in the same manner as general
operating costs in Section 8-E.
(4.) Any outstanding contracts or obligations relating to general
operating cost will be satisfied from the proceeds of the asset
liquidation in Section 12-6(C) before any remaining proceeds are
distributed to the Members.
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(5.) Individual HUB groups may choose to remain operational. A two
thirds written vote of the members of each HUB group is required
• to dissolve it. If a HUB Grou is dissolved the members ma a e
P y gr e
to sell or transfer the operating equipment to one of the members;
or the HUB's assets will be liquidated and the proceeds, after
satisfaction of any outstanding obligations, distributed to the HUB
members in the same manner as HUB costs in Section 8-D (3).
G. All provisions of this Agreement calling for expenditure ad valorem tax money by
any Party is subject to annual budgetary funding, and should any Party involuntarily fail
to fund any of their respective obligations pursuant to the Agreement, the Agreement may
be terminated as to that Party. However Section 12-E of this Agreement regarding shared
frequencies shall apply.
SECTION 13. iv1ISCELLANEOUS PROVISIONS
• A. Each person signing this Agreement on behalf of either Pa individuall
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warrants that he or she has full legal power to execute this Agreement on behalf of the
Party for whom he or she is signing, and to bind and obligate such Party with respect to
all provisions contained in this Agreement.
B. Any notice govern pursuant to the terms of this Interlocal Agreement shall be in
writing and hand-delivered or sent via certified mail, return receipt requested. Notice
shall be sent to the Chairman of the Board of Directors and the Executive Director.
C. The Parties agree to act in a spirit of mutual cooperation and good faith in the
implementation and operation of this Interlocal Agreement.
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D• The Parties agree that no person shall on the grounds of race, color, national
origin, religion, or sex be excluded from the benefits of, or be subjected to any form of
• discrimination under any activity carried out by the performance of this Agreement. The
Parties hereby agree and will ensure that all contracts which are executed pursuant to the
terms of this Agreement will contain a similar non-discrimination and equal opportunity
clause governing the contractor's or vendor's activities.
E. This document maybe signed in counterpart.
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