ADOPTED - AUGUST 24, 2010
Agenda Item No. 49
Introduced by the Law Enforcement Committee of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO AUTHORIZE ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT TO SHARE IN THE COST OF NEW PHONE TECHNOLOGY AND TO DEVELOP VIRTUAL BACKUP CAPABILITIES
RESOLUTION #10-284
WHEREAS, the counties of Clinton, Eaton, Ingham and Livingston all need to upgrade their 911 phone systems in order to take advantage of internet protocol technology; and
WHEREAS, each county also needs to develop emergency backup E-9-1-1 capabilities in the event of primary system failure; and
WHEREAS, each county wishes to work collaboratively in order to reduce costs and provide for interconnectivity between counties; and
WHEREAS, working together each county has the opportunity to not only save in the purchase and maintenance costs of a new phone system, but also forgo the capital costs of building a physical E-9-1-1 backup center in each county; and
WHEREAS, Resolution #09-317 authorized the County Controller/Administrator to pursue an intergovernmental agreement with Eaton, Clinton and Livingston Counties in order to share in the cost of new phone technology and to develop virtual backup capabilities.
THEREFORE BE IT RESOLVED, the Ingham County Board of Commissioners hereby authorizes entering into the attached intergovernmental agreement with Eaton, Clinton and Livingston Counties and the Cities of East Lansing and Lansing in order to share in the cost of new phone technology and to develop virtual backup capabilities through the operation of the “Mid-Michigan 911 Consortium” (“Consortium”).
BE IT FURTHER RESOLVED, that the attached Bylaws are also approved to govern the operation of the “Mid-Michigan 911 Consortium” (“Consortium”).
BE IT FURTHER RESOLVED, that the Board Chairperson and County Clerk are authorized to sign any necessary contracts\subcontracts consistent with this resolution subject to approval as to form by the County Attorney.
LAW ENFORCEMENT: Yeas: Holman, Copedge, Celentino, Tsernoglou, Schafer
Nays: None Absent: Koenig Approved 8/12/10
INTERGOVERNMENTAL AGREEMENT
The Counties of Clinton, Eaton, Ingham and Livingston (“Counties”) have elected to utilize the Intergovernmental Contracts Between Municipalities Act MCL §124.1 to share the costs of new telephone technologies and virtual backup capabilities for their 911 answering and dispatch operations.
I. Purpose
A. Each County provides 911 answering and dispatch for emergency police, fire and ambulance and related first responder activities within their counties, with the exception of Ingham, which is in the process of transitioning to central dispatch. The Counties recognize that cost efficiencies can be achieved by common technology purchasing and coordination of certain functions among or between their 911 operations. For purposes of this Agreement, such consolidation or commonality shall be referred to as “association.”
B. The Counties agree that representatives may meet periodically to discuss additional services, functions, or positions that could become the subject of additional association to achieve cost efficiencies and service effectiveness in the future.
II. Name/No Joint Venture
A. The Counties agree that no joint venture is created by this Agreement and that no separate or independent legal entity is created hereby. Services provided by the holder of the associated position within a particular County shall be considered provided by that County, regardless of which County has hired, contracted with, or pays the holder of the position.
B. Each County covenants not to sue the other County regarding any associated services provided hereunder and waives any right of subrogation. Each County agrees not to assign any right under this Agreement or any cause of action against another County regarding services provided under this Agreement. Notwithstanding the above, nothing herein should be construed as intending to preclude a party from instituting legal proceedings to enforce the terms and conditions of this Agreement.
C. The above notwithstanding, the Counties agree to call their association the “Mid-Michigan 911 Consortium” (“Consortium”).
III. Membership/Duration and Termination
A. Any of the Counties to this Agreement may withdraw from the Consortium by providing the remaining Counties with written notice of such withdrawal. The effective date of the withdrawal shall be ninety (90) days after the mailing of the notice through certified mail, return receipt requested to the County Clerks of the remaining Counties. This Agreement shall continue indefinitely unless only one County remains, in which case the Agreement shall terminate. The remaining parties to the Agreement may also terminate it by mutual consent.
B. Before a new County may be added to the Consortium, the Consortium Board must approve the membership and recommend a capital contribution for that new County which represents a fair allocation of the
capital costs previously expended by the existing members as well as a modified cost allocation plan for future costs of the membership group if the new County is added. If it approves this Agreement and all amendments, pays its allocated share of capital costs and if at least a majority of the County Boards of Commissioners of Counties then in the Consortium subsequently approve through resolution, the inclusion of the new County, the new County will become a full member of the Consortium.
C. If a member is hosting a server or other hardware or software, that member may not terminate without at least insuring that the Consortium has adequate time to move the hardware to another location.
D. The promises provided in Section II shall survive the termination of this Agreement. The financial commitments of each County shall continue until the date of its withdrawal or the termination of the Agreement. Any financial commitment accrued during the period in which the County was subject to the terms of this Agreement shall continue despite its withdrawal or the termination of the Agreement.
IV. Shared Services and Technology
The Counties agree that the two areas of shared technology and service that are immediately subject to this Agreement are: 1) new 911 phone systems that can utilize internet protocol technologies; and 2) enable the Counties to serve as virtual emergency backups to one another if a County’s 911 system experiences a primary system failure. Subject to the Decision-making provisions of Section V, additional technologies and services may be added if the organizational Consortium Board determines that the association will realize economic or service efficiencies.
V. Consortium Board/ Decision-making
A. The Counties agree to create a Consortium Board that will select technologies and services that are to be the subject of this association. Each Board of Commissioners shall appoint the County 911 Director and its IT Director to serve on this Consortium Board. Each Consortium Board member shall have the right to assign designates to appear on his or her at Consortium Board meetings, and such designates shall carry the right to vote on behalf of the Consortium Board member.
B. Until the City of Lansing’s and the City of East Lansing’s 911 operations are fully integrated into Ingham County’s 911 Dispatch operations, the City of Lansing and City of East Lansing shall have each the right to two (2) ex officio representatives of its choosing on the Consortium Board. When the 911 operations of the City of East Lansing or City of Lansing are integrated into Ingham County’s 911 Dispatch Operations, then the ex officio representatives of such Cities shall be dropped from the Consortium Board.
C. The Consortium Board shall adopt bylaws that further specify its operations, although decisions shall be made by a majority of the Consortium Board’s representatives appointed, not just those appearing at any meeting. The Consortium Board shall operate according to the Open Meetings Act. The Boards of Commissioners of the member Counties shall approve the bylaws or amendments to the bylaws.
D. The Consortium Board shall have the authority to commit retainer funds as described below to the extent authorized by the respective Board of Commissioners, but shall not have the authority to otherwise bind the individual member Counties through contract or common law.
VI. Cost Allocation
A. The Counties agree to individually cover hardware, software and service costs that the Consortium Board determines can be itemized and segregated per actual use and control by the individual member counties.
B. Where the costs of the hardware, software or services are not amenable to segregation by individual County, the Consortium Board will consider the costs “common.” “Common costs” will be distributed on an equitable basis among the membership Counties taking into account whether the relative size of the Counties is relevant to the common cost, with size to be determined by the number of access points (e.g. dispatcher positions).
C. The Consortium Board may require a retainer from each of the member Counties to facilitate common purchasing at a level agreed to by each of the Counties. All retainer funds shall be held in trust by the Consortium for the common purposes and interests of the member Counties with a designated County Treasurer. If a County withdraws or this Agreement is terminated, all unpledged or uncommitted portions of that County’s retainer funds shall be returned to it upon withdrawal and/or termination.
VII. Third Party Liability
A. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Consortium or any of the Counties in fulfillment of their responsibilities under this Agreement, such liability, loss, or damage shall be borne by each County in relation to each party’s responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Consortium, or any of the Counties or their employees, respectively, as provided by statute or court decisions.
B. Each of the parties to this Agreement agree to cooperate with the other parties in the constitution and operation of their respective risk management systems. Each party agrees that if an incident occurs and is reported as a part of its respective risk management system, and if the incident report involves activities involved with this Agreement for any participating entity or its respective staff or agent, a copy of said incident report will be immediately delivered to the designated representative of the other parties. It is agreed and understood that said incident reports will be held in the strictest of confidence and that each party agrees to cooperate fully with the other in the investigation and resolution of the incident or liability exposure revealed as a result of its respective risk management system.
C. This Agreement is not intended to be a third party beneficiary contract and confers no rights on anyone other than the parties hereto
VIII. Miscellaneous Provisions
A. Nothing in this Agreement shall be interpreted as precluding a County from associating with another County in a manner that does not compromises the services covered by this Agreement.
B. Any notice to be sent under this Agreement shall be effective when filed with the County Clerks of the other member Counties at their then current addresses.
C. This Agreement may be approved in counterparts.
D. This Agreement shall be effective when approved and executed by the first two Counties to approve it.
E. If any County must resort to judicial proceedings to enforce the terms and conditions of this Agreement, the prevailing party or parties shall be entitled to reimbursement of its or their reasonable attorneys’ fees and costs.
F. Failure to enforce a term or condition of this Agreement shall not be construed as a waiver of that term and condition in subsequent enforcement proceedings.
G. If any provision of this Agreement is determined to be invalid, it shall be severed and the remaining provisions shall be deemed valid, binding and enforceable.
H. This Agreement may be amended only by the mutual agreement of the participating Counties pursuant to resolution authorization by each of the County Boards of Commissioners and entered into in writing.
I. This Agreement contains the complete expression of the parties’ understanding regarding the subjects contained herein. All prior or contemporaneous oral or written agreements are merged herein.
EXECUTION
CLINTON COUNTY
By: ___________________________________ Date: ________, 2010
Chairperson of its Board of Commissioners
Attest: __________________________________
Clinton County Clerk
EATON COUNTY
By: ___________________________________ Date: ________, 2010
Chairperson of its Board of Commissioners
Attest: __________________________________
Eaton County Clerk
INGHAM COUNTY
By: ___________________________________ Date: ________, 2010
Chairperson of its Board of Commissioners
Attest: __________________________________
Ingham County Clerk
LIVINGSTON COUNTY
By: ___________________________________ Date: ________, 2010
Chairperson of its Board of Commissioners
Attest: ___________________________________
Livingston County Clerk
CITY OF LANSING
By: _________________________________ Date:___________, 2010
Mayor
Attest:______________________________
Lansing City Clerk
CITY OF EAST LANSING
By:_________________________________ Date:___________, 2010
Mayor
Attest:______________________________ Lansing City Clerk
BYLAWS
of the
MID-MICHIGAN 911 CONSORTIUM BOARD
I.
PURPOSE, LEGAL BASIS & TERMS
In order to promote regional consolidation and collaboration among the counties in the mid-Michigan area, the counties of Clinton, Eaton, Ingham and Livingston originally, and possibly joined by others later, (ACounties@) have approved an Intergovernmental Agreement (AEnabling Agreement@) creating the Mid-Michigan 911 Consortium (A911 Consortium@). The Enabling Agreement=s Section V.A creates a Consortiumtum Board (ABoard@) and Section V.C authorizes Bylaws (ABylaws@) to give further definition to the procedures under which the Board will operate, provided those Bylaws do not deviate or violate the provisions of the Enabling Agreement. Therefore, all terms used in these Bylaws shall have the definitions described in the Enabling Agreement. If there is any conflict between these Bylaws, on one hand, and Michigan law or the Enabling Agreement on the other, Michigan law and/or the Enabling Agreement shall control.
1. COMPOSITION
A. Each County Board of Commissioners of each County that is a member of the 911 Consortium shall appoint its County 911 Director and its IT Director to serve on this 911 Consortium Board. Each 911 Consortium Board member shall have the right to assign a designated alternate to appear on his or her behalf at 911 Consortium Board meetings, and such alternate shall carry the right to vote on behalf of the 911 Consortium Board member. To exercise this option, the appointing entity must advise the Board=s Chairperson in writing of the alternate=s appointment. Unless such a written notification of appointment is on file with the Board, the Chairperson will not recognize the standing of the alternate at a Board meeting.
B. Until the City of Lansing=s and the City of East Lansing=s 911 operations are fully integrated into Ingham County=s 911 Dispatch operations, the City of Lansing and City of East Lansing shall have each the right to two (2) ex officio representatives of its choosing on the 911 Consortium Board. When the 911 operations of the City of East Lansing or City of Lansing are integrated into Ingham County=s 911 Dispatch Operations, then the ex officio representatives of such Cities shall be dropped from the 911 Consortium Board.
C. The members of the Board shall serve for indefinite terms commencing on the date of their appointment; and shall automatically terminate upon the member ceasing to hold the County 911 Director and its IT Director of the appointing County. Each member may be removed from the Board by a majority vote of the appointing County Board of Commissioners, or in the case of Cities, a majority of the appointing City Council.
D. Vacancies occurring on the Board for County members serving indefinite terms shall be filled by the individual who succeeds to the respective County 911 Director and IT Director positions.
2. POWERS
The 911 Consortium Board shall have the authority to commit retainer funds to the extent authorized by the respective Board of Commissioners, and shall not have the authority to commit the 911 Consortium to funds beyond those in the retainer and shall not otherwise bind the individual member Counties through contract or common law obligation. A mutual commitment of funds beyond those in the retainer may also be authorized if approved by each County=s Board of Commissioners.
3. MEETINGS
3.1 Organizational Meeting
The first meeting in each calendar year shall be the organizational meeting. At each such meeting, the previous Board Chairperson if he or she is still a member of the Board or another member if there is no former Chair, shall initially preside (APresiding Chair@). The organizational meeting shall be held within sixty (60) days of New Year=s Day, at the call of the Presiding Chair.
The first item of business shall be election of the Board Chairperson and then the Vice-chairperson. The Presiding Chair shall call for nominations for the office of Chairperson and when nominations are closed by majority vote or no other nominations are forthcoming, the Presiding Chair shall call for a roll call vote. When one nominee receives a majority of the votes of the members elected and serving, the nominee shall be declared Board Chairperson.
The newly elected Chairperson shall assume the role of AChairperson@ and proceed with the election to the Vice-chairperson, which shall be conducted by roll call vote.
All officers shall be members of the Board.
3.2 Regular Meetings
At its first meeting in each calendar year, the Board shall establish its meetings schedule, including meeting times of regular meetings for the balance of the year and the organizational meeting for the succeeding year.
3.3 Special Meetings
The Board shall meet in special meetings upon the call of its Chairperson or by the written request of three (3) members. Notice shall be given as provided in Section 5.3 of these Bylaws.
3.4 Emergency Meetings
Emergency meetings of the Board may be held only with the approval of two-thirds (2/3's) of the members of the Board and only if delay would pose a severe and/or imminent danger to the health, safety, and welfare of the public. A meeting is defined as an emergency meeting only if it must be held before public notice as provided in Bylaw 5.3 can be given.
3.5 Place of Meetings
The Organization meeting of the Board shall be at one of the Counties= facilities. Other meetings shall be held at locations set by the Board and posted in the County where the meeting is to be held in accordance with the requirements of the Open Meetings Act and these Bylaws. Whenever the regular meeting place appears inadequate for members of the public to attend, the Chairperson may change the meeting location to a larger facility. A notice of such change shall be prominently posted on the door of the initially scheduled meeting place.
3.6 Time of Regular Meetings
The time of regular meetings shall be stated in the regular schedule of meetings adopted under Bylaw 4.2.
3.7 Change in Schedule
Change in the regular meeting schedule shall not be made except upon the approval of a majority of the members.
4. PUBLIC NOTICE OF MEETINGS
The Chairperson shall provide for the proper notice for all meetings of the Board. Such notice shall include, but not necessarily be limited to, the following:
4.1 Regular Meetings
Posting a notice, compliant with Michigan=s Open Meetings Act, at the facility at which the meeting will be held within 10 days before the meeting, and after the first meeting of the Board, at the County building for each County in the 911 Consortium, noting the regular meeting dates, times and locations of the Board=s regularly scheduled meeting.
4.2 Schedule Change
Whenever the Board shall change its schedule of regular meetings, a notice of the change will be posted within three (3) days following the meeting in which the change was made.
4.3 Special and Emergency Meetings
If the Board schedules a special meeting under Bylaw 4.3 or an emergency meeting under Bylaw 4.4, the Board Chairperson, in a manner compliant with the Open Meetings Act, shall have posted notice of such meeting immediately. No meeting, except emergency meetings, shall be held until such notice shall have been posted at least eighteen (18) hours. Board members shall be notified by written, telephonic and/or electronic communication of such a meeting.
5. QUORUM & ATTENDANCE
5.1 Quorum
A majority of members of the Board, appointed and serving shall constitute a quorum for the transaction of ordinary business of the Board.
5.2 Lack of Quorum
In the event the Board shall meet and a quorum is not present, the Board, with the approval of those present, may adjourn the meeting to a later day and time provided that proper notice to members and the public is given. The Board may also entertain business on the same basis as an ad hoc advisory committee, but may not make decisions binding on the 911 Consortium unless a quorum is present.
5.3 Telephonic/Interactive Video Attendance
The Chairperson may approve in advance of the meeting, the telephonic or interactive video attendance of Board members.
6. AGENDA FOR MEETINGS
6.1 Agenda Preparation Responsibility
The Board Chairperson, after first reviewing pending matters and requests, shall prepare a draft of the agenda of business for all Board and committee meetings. Matters on the agenda and not yet acted upon at the time of adjournment will be placed on the agenda of the next regular meeting or special meeting if one is called. The Chairperson of the Board shall review and add or delete items, as he or she considers proper. The Chairperson of the respective committee may also add or delete items assigned to their committee, as he or she considers proper. Unanticipated agenda items that require discussion or decisions may be covered under the AOther Business@ agenda reference. It is each member=s responsibility to attend the meeting to understand other business items that may be covered.
6.2 Distribution of Regular Board Agenda and Materials
Upon completion of the agenda for a regular Board meeting, the Board Chairperson shall have distributed to members copies of the agenda, together with copies of reports, explanations, etc. which shall relate to matters of business contained within the agenda. Unless extenuating circumstances arise, the agenda and related materials shall be sent to each Board member at the address each has provided, at least five (5) calendar days prior to any regular meeting.
6.3 Distribution of Committee Meeting Agendas
A committee agenda must be e-mailed or faxed to committee members at least twenty-four (24) hours before the scheduled committee meeting in draft form. Agenda items may be added the day of the meeting. There may be extenuating circumstances where it is not possible to distribute the agenda in advance of the meeting.
6.4 Order of Business
Generally, Board meetings should adhere to the following order of business, although the Board may deviate from this order if approved by a majority of the members attending a meeting:
a. Call to Order
b. Roll Call
c. Adoption of Agenda
d. Action on Previous Meeting Minutes
e. Correspondence/communications
f. Committee and Liaison Reports
g. Old Business
h. New Business
i. Other Business (if Necessary)
j. Closed Sessions (if Necessary)
k. Public Comment
l. Adjournment
7. CONDUCT OF MEETINGS
7.1 Chairperson
The person elected AChairperson@ in the first meeting each year of the Board shall preside at all meetings of the Board. In the absence of the Chairperson, the person elected Vice-chairperson shall preside. If neither the Chairperson nor the Vice-chairperson is present, the Director shall preside until the members present shall elect a member to preside during the absence of the Chairperson or Vice-chairperson.
7.2 Disorderly Conduct
Since the purpose of the meeting is to discuss public business and not address individual personalities, Apersonal attacks@ on members, or other government officials and employees are prohibited and shall be considered Aout of order.@ The Chairperson shall call to order any member or any member of the public, who is being disorderly by speaking or otherwise disrupting the proceedings, by failing to be germane, by speaking longer than the allotted time, or by speaking vulgarities or personal attacks. Such person shall thereupon be quiet and/or seated until the Chairperson shall have determined whether the person is in order. If a public attendee shall be ruled out of order, he or she shall not be permitted to speak further at the same meeting except upon special leave by the Board. If a member or public attendee shall continue to be disorderly and to disrupt the meeting, the Chairperson may order the person to leave the meeting. The Chairperson may appoint a Asergeant at arms,@ who may be a member or other person to assist him or her in enforcing the provisions of this Bylaw.
7.3 Public Comment Period
A public comment period will be provided at every Board meeting. The length of comment during this period will be limited to three (3) minutes per person, unless the Board authorizes additional time.
7.4 Procedures to Address the Board
Any person who addresses the Board shall state their name for the record. When there are many people who desire to address the Board, the Chairperson may implement other reasonable rules for public participation.
8. RECORD OF MEETINGS
8.1 Minutes and Official Records
The County in which a meeting is to be held shall provide clerical support to take minutes as required by the Open Meetings Act, MCL 15.261, et seq. The Chairperson shall verify that such clerical support will be available prior to each meeting, and may appoint a member to prepare such minutes in the absence of such support being available. The minutes shall include all the actions and decisions of the Board. The minutes shall include the names of the movant and second on all motions and resolutions and the vote of the members thereon. The record shall also state whether the vote was by voice or by roll call; when by roll call, and the names of persons addressing the Board. Copies of each resolution or other matter acted upon by the Board, as well as the official minutes, shall be maintained in a location designated by the Board. Copies of the approved, affirmed minutes shall be provided to each participating County.
8.2 Record of Discussion
The minutes shall not be required to include a written record or summary of the discussion or comments of the Board members, nor of the comments made by members of the public.
8.3 Public Access to Meeting Records
The Chairperson shall make available to members of the public the records and minutes of the Board meetings in accordance with the Freedom of Information Act. Draft board minutes, prepared but not approved by the Board, shall be available for public inspection within eight (8) business days following the meeting. Minutes approved by the Board shall be available within five (5) business days of the meeting at which they were approved. The Board shall also promptly mail copies of minutes to persons who have subscribed and paid the fee therefore as determined by the Board.
9. COMMITTEES
9.1 Creation
At any time, the Board may create standing or ad hoc committees and describe their purview. It is intended that the Board at its organizational meeting will create standing committees for the year.
9.2 Appointment
With confirmation from the Board, the Board Chairperson shall appoint members to all committees.
9.3 Organization
The Board Chairperson shall appoint a chair for each committee. The committee chair shall preside over the committee meetings.
9.4 Advisory Nature
All Board committees, whether standing or ad hoc, shall be advisory only and shall not exercise the power or authority to make decisions for the Board. Accordingly, committee meetings do not normally have to be noticed or operated in conformance with the Open Meetings Act.
10. CLOSED MEETINGS
10.1 Reasons and Procedure
The Board may meet in closed session, closed to members of the public, upon the motion of any member and appropriate roll call vote for the reasons and in the manner required by the Open Meetings Act.
10.2 Record of Vote
The vote to hold a closed Board meeting shall be by roll call vote and recorded in the minutes of the meeting at which the decision was made.
10.3 Minutes
For each closed meeting, the Chairperson shall appoint a member to make a separate record of the topics discussed. This record shall not be disclosed to the public except upon the order of a court. These closed session minutes may be destroyed in accordance with the requirements of the Open Meetings Act.
11. RULES
11.1 Parliamentary Authority
Robert=s Rules of Order (Newly Revised) shall govern all questions of procedure not otherwise provided by these Bylaws, the Enabling Agreement, or by state law.
11.2 Statement by Chairperson, Motions, and Resolutions
No motion or resolution shall be adopted until the Chairperson states or has the minute taker or movant state the motion or unless a written copy of the motion or resolution has been circulated to each Board member before or at the meeting.
11.3 Temporary Suspension of the Rules
The Board=s parliamentary rules may be suspended temporarily at any time by vote of two-thirds (2/3's) of the members elected.
11.4 Appeal of Chairperson=s Rulings
Any member may appeal the ruling of the Chairperson. On all appeals receiving a second, the question shall be AShall the decision of the Chairperson stand as the decision of the 911 Consortium Board?@
12. VOTING
12.1 Abstaining from Voting
Whenever the Chairperson puts a question to the members, every member present shall vote on the question. No member present shall abstain from voting Ayes@ or Ano@ unless he or she has received the unanimous permission of the Board members in attendance.
12.2 Roll Call Votes
Except as otherwise provided herein, the Chairperson may cause voting by voice or direct a roll call vote. Any member may ask for a roll call vote.
12.3 Votes Required
Matters arising at a meeting of the Board shall be decided by a majority of the members appointed and serving, not just those attending at any meeting, except for votes on procedural questions only.
13. FINANCIAL AFFAIRS
13.1 Expense Payments
A minimum of capital charges and on-going operational charges (Acommon costs@) is anticipated. All vendors will be required to Adirect bill@ member counties for Acommon costs@ based on the ratio of access points in each county, ie the number of dispatch positions at each County=s 911 Centers.
13.2 Other
In the event that additional members, services, functions or other events make direct billing impractical, the 911 Consortium Board shall meet and recommend a fiduciary county and necessary agreements to provide for proper accounting on behalf of member counties. The fiduciary agreement shall be approved by the Board of Commissioners of the respective counties.
14. CONSTRUCTION & AMENDMENT
14.1 Interpretation
Wherever possible, these Bylaws shall be construed in a manner consistent with Michigan law and the Enabling Agreement. Where there is a conflict with Michigan law or the Enabling Agreement, the conflicting terms of these Bylaws shall be null and void and considered severed from the remaining portions, which shall continue in full force and effect.
14.2 Modification
These Bylaws must be approved by the member Boards of Commissioners. Any modification of these Bylaws can only occur if approved by two-thirds (2/3's) vote of the members appointed and serving at two (2) consecutive regular meetings of the Board, and with the approval of the member Boards of Commissioners.
ATTESTATION
We, the Chairperson and Vice-chairperson of the Mid-Michigan 911 Consortium Board, hereby certify that the forgoing is a copy of the duly approved Bylaws of the Mid-Michigan 911 Consortium Board.
__________, 2010 ____________________________________
Chairperson of 911 Consortium Board
____________________________________
__________, 2010 Vice-Chairperson of the 911 Consortium Board
Bylaws Approved by Clinton County B _______________________________, 2010
Bylaws Approved by Eaton County B _______________________________, 2010
Bylaws Approved by Ingham County B _______________________________, 2010
Bylaws Approved by Livingston County B _______________________________, 2010