2016 030 Ordinance - Laserfiche WebLink

Home Browse Search

SECTION 8. Resignation and Termination A. Any parry hereto may discontinue its rights, obligations and duties under this Agreement by providing all other member Municipalities at ]east ninety (90) days advanced written notice of its intent to do so. Upon any such withdrawal, the witlidrawiug Municipality shall forfeit any and all rights to any equipment jointly purchased hereunder, inchldirig, but not limited to, the future use of said equipment or the equity value thereof. A member Municipality that resigns from the HHTRT shall be responsible to pay its Base Fees and Additional Fees for the entire year ui which the resignation is effective. B. This Agreement may be terminated by the vote oftwo-thirds (2/3) of the Board. In the event the Board terminates this Agreement, any equipment purchased pursuant hereto may be disposed of in any manner approved by the majority of the Board, including, without limitation, by donation to a Participating Municipality. Upon tei7nination of this Agreeineurt, any remaining funds, after payment of all costs and expenses of the HHTRT, shall be distributed equally to the Member Municipalities which have fully paid all required fees. C. Any Member Municipality that fails to meet its financial obligations, as set forth in Section 4 herein, shall, after written notice of such failure is provided, be allowed a period of ninety (9U) days to fully pay all fees, and if such Municipality continues to fail to meet its fnancial obligation after said grace period, it shall automatically be considered to have voluntarily withdrawn from this Agreement and as a Member Municipality. D. The Board may, by a vote of 2/3 of the Member Municipalities, vote to terminate the participation and membership of any Member Municipality that fails to meet its obligations under this Agreement. SECTION 9. New Member Municipalities; Memoranda of Understanding A. The Board may consider another community's request to join HHTRT only after reviewing a feasibility report issued by the SOC. A community approved by the Board to join HHTRT shall be assessed an Entry Fee, as well as Base Fees and Additional Fees as determined by the Board. The requesting community shall enter into this Agreement, and shall adhere to the SOC's recommendations and any HHTRT policies regarding staffing, training and start up equipment, and shall adopt the existing administrative, managerial, operational, and training procedures and policies of HHTRT. B. The HHTRT may eater into a memorandum of understanding ("MOU") with one community. or a group of communities to work cooperatively for the same purposes as the HHTRT. SECTION 10. Services Provided to Non-Participating Commnnities Any non-participating community which requests the services of HHTRT on an emergency basis, including any community that has an MOU with HHTRT, shall be charged on the basis of the following: A. Incident response of HHTRT personnel shall be billed at the rate(s) set forth in the "Non-Participating Community Rate Schedule" attached hereto as Exhibit D and incorporated herein. B. Incident response of HHTRT vehicles shall be billed at rates listed in the most current edition of "Schedule of Equipment Rates" issued by the Federal Emergency Management Agency, State and Local Programs and Support, Disaster Assistance Programs. C. Damaged HHTRT equipment shall be billed at a rate of actual repair or replacement cost. The HHTRT SOC shall determine if a damaged piece of equipment will be repaired or replaced. D. The SOC nay waive any fees or charges otherwise owed by anon-participating community as set forth in this Section for services provided by the HHTRT if said community agrees to and does provide reciprocal or other specialized services needed by the HHTRT Municipalities, or for any other reason as approved by the Board. Any such proposed waiver shall be reviewed and approved by the Executive Committee. SECTION 11. Miscellaneous Provisions A. Disputes: Any dispurte among the Member Municipalities with regard to the operation, funding or any other issue concerning t]Ie HHTRT, shall be resolved by the Executive Committee whenever possible. If reasonable efforts to resolve any dispute in this matmer shall fail, the Municipalities agree to utilize mediation by a third party selected by unanimous agreement of the Executive Committee. Other than as specifically set forth in this Agreement, the Municipalities shall not be deemed to have waived any rights each such Municipality shall have under the law. B. Amendments to the Agreement: This Agreement may be modified at any time by the written consent of all of the Member Municipalities involved. Modifications shall have no force and effect unless such modifications are in writing and signed by authorized representatives of each of the Member Municipalities. The 4of10