07. Red River Regional Dispatch Center Joint Powers Agreement review

54 Version Oct 13, 2022 (i) Any approval of the general contractor bid combined with the electrical contractor bid and the mechanical contractor bid must also receive the approval by motion or resolution by the board of Cass County commissioners. (ii) To the extent that the Total Cost of Construction, subject to the selection of bid alternates, approved change orders or other contract amendments, will exceed $12,500,000, no bids may be awarded unless suitable arrangements are made between Cass County, the City of West Fargo and the City of Fargo by which West Fargo and Fargo would contribute additional funds to cover such excess amount, whether such arrangements include a cash injection of funds by West Fargo and Fargo or a commitment to cover appropriate shares of debt-service payments on funds borrowed (whether by loan or sale of bonds). Section 24.06 PAYMENT IN ADVANCE OF MINNESOTA ENTITIES’ SHARE— FINANCING/DEBT SERVICE. Full payment by the Minnesota Member Entities’ combined share, as described in Section 24.04, shall be paid in advance, before the earliest time that Cass County must enter into any binding commitments for the acquisition of land or for the construction of the new dispatch center. As such, with the Minnesota Member Entities having paid in full their maximum cost share for the project, to the extent that any portion of the cost of construction of the new dispatch center will be financed through one or more loans or the sale of bonds, with respect to debt and service payments, the Minnesota Member Entities would have no obligation to participate in such debt service. Section 24.07 RRRDC DISSOLUTION, REMOVAL OF MINNESOTA MEMBER ENTITIES— MINIMUM RECOUPMENT. Notwithstanding any provision elsewhere in this Agreement, including Section 19.03 or Section 21.09, in the event the RRRDC is dissolved or in the event either or both the Minnesota Member Entities, Clay County and the City of Moorhead, cease to be a Member Entity due to removal from the RRRDC, as may occur under Article XXI, then said Member Entities, or either of them, shall be entitled to a minimum recoupment from the RRRDC in accordance with the declining balance schedule set forth in Exhibit B, hereto, which represents a reverse-amortization schedule, without interest, over a period of twenty (20) years in which Clay County’s proportionate share of the said declining balance shall be Forty Percent (40%) and the City of Moorhead share being Sixty Percent (60%) thereof. Said schedule is expressed in terms of a percentage of a whole sum. For purposes of the schedule, the percentage for the applicable year shall be applied to the combined share of Clay County and the City of Moorhead of the Total Construction Cost and the cost of land acquisition, as the same are described in this Article. Also, for purposes of this Section, “Year 1” shall be deemed to be the period, of whatever length of time, that ends on the first anniversary date of the date of initial occupancy of the new dispatch center, with subsequent years ending on each such anniversary date thereafter. Section 24.08 In case of a dissolution of the RRRDC, payment of one or both of the Minnesota Member Entities’ recoupment amount shall either be made from proceeds recovered from the liquidation of RRRDC assets or by an in-kind payment made by the RRRDC or by one of its Member Entities by transfer or deed of real or personal property of value equivalent to the