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<br />1 <br />CR225-476-758705.v8 <br />FENCING CONSORTIUM JOINT POWERS AGREEMENT <br /> <br /> THIS FENCING CONSORTIUM JOINT POWERS AGREEMENT (“Agreement”) is <br />made and entered into by and among the Governmental Units identified in the attached Exhibit A <br />(each a “Member” or collectively the “Members”). <br /> <br />RECITALS <br /> <br />A. The civil unrest and resulting negative impacts on mental health, damage to buildings, <br />and a reduction in overall safety experienced in the Seven County Metropolitan Area in <br />recent years has given rise to a need for communities to have ready access to anti- <br />scalable fencing. The anti-scale fencing can be set up to protect public buildings, critical <br />infrastructure, and other key locations to de-escalate tensions between law enforcement <br />and protestors as well as reduce the need to rely on crowd control measures to protect <br />such locations from violent and destructive actors. <br /> <br />B. Appropriate fencing to serve this purpose is produced by few vendors, currently all of <br />which are located outside of the state. <br /> <br />C. This type of fencing is expensive and the delays associated with attempting to identify <br />and secure the delivery of fencing during the response to a critical incident may result in <br />unnecessary risks to personnel and public property. <br /> <br />D. By pooling resources and working cooperatively, communities can access high quality <br />fencing, trained personnel, and related resources to assemble it in as efficient manner as <br />possible to support de-escalation measures with protestors and protect facilities from <br />violent and destructive actors. <br /> <br />AGREEMENT <br /> <br />In consideration of the mutual agreements and understandings, and intending to be <br />legally bound, the Members hereby agree as follows: <br /> <br />ARTICLE I <br />DEFINITIONS AND PURPOSE <br /> <br />1.1. Definition of Terms. For the purposes of this Agreement, the following terms shall have <br />the meaning given them in this section. <br /> <br />(a) Additional Member. “Additional Member” means a Governmental Unit that <br />submits a Membership Resolution after the Effective Date and that the Board <br />votes to accept as a Member of the Fencing Consortium. <br /> <br />(b) Agreement. “Agreement” means this Fencing Consortium Joint Powers <br />Agreement. <br /> <br />76