07. Red River Regional Dispatch Center Joint Powers Agreement review

52 Version Oct 13, 2022 Section 23.15 WAIVER OF VENUE/SELECTION. The Member Entities stipulate and agree that the District Court of Cass County, North Dakota, will be the sole and exclusive venue for any lawsuit pertaining to this Agreement, and the Member Entities consent to the personal jurisdiction in said court in the event of any such lawsuit. This provision shall not be construed to apply to litigation commenced by a Member Entity for acquisition of Dispatch Center Property or defense of a contract claim. This choice of law section applies exclusively to lawsuits pertinent to the terms and conditions of this Agreement. Section 23.16 EXECUTION IN COUNTERPARTS. This Agreement will be executed in five (5) counterparts, each of which shall be an original, all which shall constitute but one and the same instrument. All Member Entities shall receive a fully-executed counterpart. ARTICLE XXIV. NEW DISPATCH CENTER – INITIAL AUTHORIZATION AND COST-SHARE TERMS Section 24.01 The terms of this Article XXIV relate to the acquisition of land, whether by fee title acquisition or long-term lease of land, and the design, construction and financing of a new dispatch center that is intended to replace the existing dispatch center located at 300 NP Avenue in Fargo, North Dakota. Section 24.02 AUTHORIZE ACQUISITION OF LAND FOR NEW DISPATCH CENTER. The RRRDC Board of Authority is hereby authorized and directed to go forward with the selection and acquisition or long-term lease of land and the design, construction and financing of the replacement dispatch center, including fixtures, furniture and equipment (FF & E) subject to the terms and limitations of this Article. Section 24.03 CONSTRUCTION DELEGATED TO CASS COUNTY -- It is anticipated that the new dispatch center will be constructed within the state of North Dakota; therefore, the County of Cass is requested and authorized to undertake the task of acquiring the land where the new dispatch center is to be located, to undertake the process of preparing the project so that bids for construction may be solicited and for undertaking all matters necessary for construction of the replacement dispatch center and for acquisition and installation of FF & E. This Section shall be deemed to constitute the authorization, as contemplated in Section 16.07, for said new dispatch center. Section 24.04 COST SHARE. The maximum share of cost for land acquisition and costs of construction to be borne by the Minnesota Member Entities may not exceed the lesser of the following: (a) 25% of the sum of the cost of land acquisition and the Total Cost of Construction, as defined below, or (b) $2,500,000. The remainder of said costs shall be borne by Cass County. As to the said Minnesota Member Entities’ cost share, Clay County will contribute Sixty Percent (60%) of the said maximum cost share—up to a maximum of $1,500,000—and the City of Moorhead will contribute Forty Percent (40%) of said maximum cost share—up to a maximum of $1,000,000. (a) The term “Total Cost of Construction” shall be the sum of the following project elements: