08-11-14 Council Agenda & Packet

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lnterlocal Agreement: St. Joseph C;ounly PSAP Consolidation Article XI. Termination and Dissolution Section 11.01 Termination. If any Party should breach or terminate this Agreement, said Party shall be wholly liable for any foregone fees or penalties imposed by the Statewide 911 Board and shall indemnify all other Parties against such losses, including court costs, attorneys' fees, and any other expenses incurred to enforce this provision. Any terminating Party remains liable for all continuing financial obligations of the Bonds as provided for in Section 4.02 of this Agreement. Termination of this Agreement requires the exiting Party or Parties to resume providing PSAP services that were in effect prior to the execution of this Agreement. Section 11.02 Property Disposal. All assets and funds of the Consortium shall be purchased or procured in the County's name and shall remain the property of the County throughout the duration of this Agreement. The purchase and maintenance of all equipment necessary to receive calls, radio transmissions, and data including, but not limited to, radios, air cards, hardware, or software, shall be procured individually by the Parties and will remain the property of the individual Parties upon termination or completion of this Agreement. The Parties may engage in cooperative purchasing activities so long as the ownership interests in said purchases are expressly defined in writing. In the event of termination of this Agreement, the County shall, after paying or making provision for the payment of all Consolidated Dispatch Center liabilities, transfer a percentage interest in all Consolidated Dispatch Center assets, including the St. Joseph County Dispatch Center Operating Fund and the Capital Replacement Fund, but excluding the St. Joseph County 911 Fund, to South Bend and Mishawaka in the same percentages as provided for debt service payments on the Bonds as set forth in Section 4.02 Page 9