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This agreement shall be effective upon its execution by all member cities and the Board of <br /> Supervisors. It is effective as to new members upon adoption and approval by the Area <br /> Emergency Services Council and by the new member's legislative body. This agreement shall <br /> continue in effect until terminated as provided herein. <br /> Article IX-WITHDRAWAL AND TERMINATION <br /> 9.01 Withdrawal by Members. <br /> a) This agreement may be terminated as to any of the parties by written notice given by such <br /> party to all other parties which notice shall be given at least 120 days prior to the <br /> commencement of the fiscal year in which it is to take effect. For the purpose of such <br /> notice a fiscal year is defined as July 1 of a calendar year through June 30 of the <br /> succeeding calendar year. <br /> b) Any former or prospective member may enter or re-enter the organization by petition to <br /> the Area Emergency Services Council by its governing body, and majority approval of <br /> the petition by the Area Emergency Services Council. Upon approval, the new member <br /> must agree in writing to all terms of this agreement. <br /> c) Should a jurisdiction withdraw after the start of a fiscal year, they will be responsible for <br /> the contribution as per the formula and no refund will be owed. <br /> d) Should a member give required notice, the contribution of that city funding will be <br /> divided equally by formula among the remaining cities. <br /> 9.02 Termination of Authority and Disposition of Authority Assets. <br /> This agreement shall terminate effective upon a vote of the Area Emergency Services Council by <br /> the County and by at least eleven (11) cities representing the majority of the population of the <br /> County. Upon termination of this agreement, title to all property acquired by the Area <br /> Emergency Services Organization or with any funds of the Area Emergency Services <br /> Organization shall remain with the County for use on a county wide basis. Surplus funds will be <br /> returned to each party in proportion to the contribution made. <br /> Article X -MISCELLANEOUS PROVISIONS <br /> 10.01 Notices. <br /> It shall be the responsibility of the Director of Emergency Services or his/her designee to ensure <br /> all notices are provided to members and posted in compliance with the legal requirements of the <br /> JPA. <br /> 10.02 Amendment. <br /> This Document will be reviewed for content no less than every five years. <br /> 10.03 Severability. <br /> If any one or more of the terms,provisions,promises, covenants, or conditions of this Agreement <br /> were, to any extent, adjudged invalid, unenforceable, void, or voidable for any reason <br /> whatsoever by a court of competent jurisdiction, each and all of the remaining terms,provisions, <br /> promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be <br /> valid and enforceable to the fullest extent permitted by law. <br /> 10.04 Successors. <br /> This Agreement shall be binding upon and shall inure to the benefit of the successors of each <br /> Member. <br /> 10.05 Assignment. <br /> No Member shall assign any rights or obligations under this Agreement without the prior written <br /> consent of the Authority. <br /> SMAOES December 2013 Page 12 <br />