07. Red River Regional Dispatch Center Joint Powers Agreement review

2 Version Oct 13, 2022 JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (the “Agreement”) is made and entered into this _____ of ________, _____ (the “Effective Date”), between the City of Moorhead, a political subdivision of the state of Minnesota; the City of Fargo, a political subdivision of the state of North Dakota; the City of West Fargo, a political subdivision of the state of North Dakota; Clay County, a political subdivision of the state of Minnesota; and Cass County, a political subdivision of the State of North Dakota. WHEREAS, pursuant to Chapter 54-40.3, N.D.C.C. and Minnesota Statutes Section 471.59 (joint exercise of powers), the above-named governmental units have the legal authority to enter into an agreement, through action of their respective governing bodies, to jointly or cooperatively exercise any power common to the contracting powers or any similar powers, including those which are the same except for territorial limits within which they may be exercised; and WHEREAS, Fargo, Moorhead, Cass County, and Clay County previously entered into a Joint Powers Agreement in 2001, to jointly establish and administer a dispatch center and related dispatch service and a joint dispatch center was established, known as “Red River Regional Dispatch Center”; and, WHEREAS, this initial Joint Powers Agreement has been amended nine times since 2001 as described on the list attached hereto as Exhibit “A”, copies of which amendments are on file at the administrative offices of the Red River Regional Dispatch Center; and, WHEREAS , the parties wish to amend the agreement again in order to incorporate into the governance of the dispatch center a board of authority consisting of elected officials from the five said member entities and, among other things, to create a structure for the possible design, build, financing, operation and maintenance of a new dispatch center facility; NOW THEREFORE, in consideration of the mutual covenants made herein and for other valuable consideration, the receipt of which is hereby acknowledged, the City of Moorhead, the City of Fargo, the City of West Fargo, Clay County, and Cass County agree as follows: ARTICLE I. AMENDMENT Section 1.01 ORIGINAL JOINT POWERS AGREEMENT. The Member Entities previously entered into a Joint Powers Agreement, dated as of _______, 2001, which was subsequently amended by a series of amendments described in EXHIBIT A, attached hereto, (collectively said