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h. If the Board determines that the Executive Director will be directly hired as an <br />employee of the PSERN Operator, then the Board shall hire, set the <br />compensation for, and be authorized to terminate the employment of the <br />Executive Director. <br />If the Board determines that the Executive Director will be a contracted <br />employee from another governmental agency, the Board will contract for an "at <br />will" employee approved by the Board and who may be terminated from the <br />position by a unanimous vote by the Board. <br />Evaluate the Executive Director's performance and give the Executive Director <br />a written evaluation of his or her performance at least annually; <br />k. Establish a fund or special fund or funds as authorized by RCW 39.34.030; <br />I. Establish Service Rates in accordance with Exhibit A or any amendments <br />thereto; <br />m. Review and amend terms of use for User Agencies, as necessary; <br />n. Conduct regular and special meetings; <br />o. Approve PSERN operation and maintenance standards; <br />p. Determine the Services the PSERN Operator shall offer and the terms under <br />which they will be offered; <br />q. Approve agreements with third parties; <br />r. <br />Incur financial obligations in the name of the PSERN Operator to make <br />purchases or contracts for Services to implement the purposes of this <br />Agreement; provided, however, nothing in this Agreement shall authorize the <br />PSERN Operator to issue bonds or incur indebtedness in the name of any Party <br />hereto or that shall be considered a debt or a guarantee of any Party hereto <br />without its express written consent; <br />s. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, <br />improve, use and otherwise deal in and with real or personal property, or any <br />interest therein, in the name of the PSERN Operator; <br />t. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise <br />dispose of all of its real or personal property, or any interest therein, and assets; <br />u. Sue and be sued, complain and defend, in all courts of competent jurisdiction; <br />v. Hold licenses for radio frequencies; <br />Page 9 <br />