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12-15-14 Council Packet
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12-15-14 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
12/15/2014
Council Meeting Type
Regular
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The addressees listed in this section shall be the registered address of the Members for purposes <br />of sending and receiving notices and communications required pursuant to this Agreement. Any <br />Member may change its registered address and/or authorized representative by written notice <br />delivered to the ACFPA Secretary and all other Members. Mailed notice shall be deemed <br />complete two (2) business days after the date of mailing. <br />11.4 Members Form a Governing Joint Powers Board. <br />For the purposes of the Agreement, the Members shall collectively form a Joint Powers Board, <br />which shall govern the entity. The Members shall not be deemed to be independent contractors <br />nor employees of ACFPC; rather, Members shall be deemed to be governing participants. Any <br />and all agents, servants, employees, or independent contractors of a Member remains an <br />employee or independent contractor of the Member, and shall not be considered an employee or <br />independent contractor of any other Member for any purpose. This paragraph shall not prohibit <br />an employee or independent contractor of any Member from contracting with ACFPC to provide <br />services outside their normal engagements. <br />11.5 Damages. <br />In the event of a Member's failure to perform obligations under this Agreement, that Member <br />shall be liable to the other parties for any and all damages reasonably sustained by the other <br />Member as a result of such failure. ACFPC shall attempt to first mediate all internal disputes <br />and Members are strongly encouraged to engage in binding arbitration instead of litigation. <br />11.6 Remedies Cumulative. <br />All remedies provided for herein or otherwise available at law or equity shall be cumulative. <br />The election of one remedy shall not bar other remedies available to the Member. <br />11.7 Waiver of Default. <br />The waiver of any default by any Member, or the failure to give notice of any default, shall not <br />constitute a waiver of any subsequent default or be deemed to be a failure to give such notice <br />with respect to any subsequent default. The making or acceptance of a payment by any Member <br />with knowledge of the existence of a default shall not operate or be construed to operate as a <br />waiver of any subsequent default. <br />11.8 Subcontracts, Assignment. <br />A Member may not subcontract, assign, or otherwise transfer its rights or obligations under this <br />Agreement to any other entity — public or private. <br />11.9 Successors. Each Member binds itself and its successors, legal representatives, and <br />assigns to the other Members and to the partners, successors, legal representatives, and assigns of <br />such other Members, in respect to all rights and obligations under this Agreement. <br />13 <br />
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