cabarrus county board of commissioners regular meeting november ...

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Cabarrus County as the Cabarrus Administrator. The Cabarrus RCC may change theCabarrus Administrator by agreement in accordance with the Cabarrus Entities’ interlocalagreement, upon thirty (30) days prior written notice to the Operator.3.9. Regional Radio Board. The parties acknowledge that the Regional Radio Board has beenestablished to: a) guide the strategic growth and development of the Radio System; (b)establish regional performance and technical standards for the Radio System, and (c)establish interoperability processes and procedures. By executing this Radio ServiceAgreement, Cabarrus County, Concord and Kannapolis agree to have a single representativeproperly appointed by the Cabarrus RCC to serve on the Regional Radio Board to representall Cabarrus Agencies.3.10. Adding Additional Radios. The Cabarrus Entities shall be entitled to use the BaselineNumber of radios on the Cabarrus Radio Subsystem. In addition to the Baseline Number, theCabarrus Entities shall be entitled, through the Cabarrus Administrator: (i) to add additionalpublic safety radios to the Cabarrus Radio Subsystem by notifying the Operator, and (ii) toadd non-public safety radios to the Cabarrus Radio Subsystem by notifying the Operator,provided that adding such non-public safety radios will not in the Operator’s reasonablejudgment reduce agreed upon service level for the Cabarrus Radio Subsystem or the RadioSystem. If a Cabarrus Agency requests an increase in radios that will require a change inthe Service Level Agreement, the Operator and the Cabarrus Administrator will work jointly todetermine “remedy” option(s). If an agreed option includes need of Cabarrus RadioSubsystem upgrades or increased service staffing, etc., the operator can increase theCabarrus Agency’s Radio Service Fees for that fiscal year to account for any costs realizedby the Operator for such additional service level that are agreed upon by both parties inadvance, provided that if no agreement is reached then the Operator may deny the request toincrease the radios.3.11. Priorities and Restriction of Access. While consideration will be given to any reasonablerequest for use of the Radio System, the Operator will make access decisions regarding theaddition of non-public safety radios with the goal of ensuring that agencies already utilizingthe Radio System will not be negatively impacted by the addition of a new Cabarrus Agencyor additional radios to the Cabarrus Radio Subsystem. It is also understood that public safetyagency access and utilization of the Radio System is first priority and that the access of otheragencies, whether currently on the Radio System or requesting service in the future, may berestricted to avoid negatively impacting the use of the Radio System by Public SafetyAgencies. However, the Operator will seek to avoid restricting Cabarrus Agency access byreducing or terminating non-essential features such as private call and telephoneinterconnect, with public safety receiving first priority. The Operator will notify the RegionalRadio Board when new access requests have the potential to require reprioritizations orrestrictions that impact current Radio System participants.3.12. Emergency and Planned Access By Agencies Outside The Radio System. TheOperator is authorized to provide temporary emergency radio access to public safetyagencies that are not on the Radio System upon request. Temporary access for anythingother than an emergency must be coordinated with the Operator as soon as reasonablypracticable, but not later than the sooner of: (a) 14 calendar days prior to the date access willbe needed by the Cabarrus Agency; or (b) the date the Cabarrus Agency first learned of theevent giving rise to the need for access. For purposes of this Agreement, emergenciesinclude only those events that could not have reasonably been foreseen. Speedway eventsand other planned functions will not be deemed emergencies.3.13. Radio System Identification Access Code and System Key. It is contemplated that theCabarrus Agencies will each have their individual radio units programmed either by theOperator or by an authorized representative of the Operator. The Cabarrus Entities will notF-26Attachment number 1Page 256
have access to the Radio System identification access code nor to the system key, exceptpursuant to a separate written agreement signed by the Operator that will address restrictionson access to such information and remedies in the event of default.3.14. Access to Facilities, Software and Equipment. Throughout the term of this Agreement,the Cabarrus Agencies shall provide the Operator with unlimited access to any equipment orsoftware in their possession or control that the Operator needs to access in order to performits obligations under this Agreement (with such access being provided 24 hours a day, seven(7) days a week, three hundred and sixty five (365) days a year, or 366 days a year duringleap years).4. Term and Termination.4.1. Due to the terms, conditions and mutually beneficial purposes of this Agreement, it is reasonablefor the duration of this Agreement to be perpetual. Therefore, the term of this Agreement shallcommence on its Effective Date and shall continue until terminated in accordance with thetermination provisions of this Agreement. Notwithstanding the foregoing, the parties to thisAgreement shall meet during the seventh (7 th ) year following the Effective Date and thereafterevery five years to review this Agreement. Upon termination of the Agreement, the CabarrusRadio Subsystem shall remain the property of the Cabarrus Entities, and the Operator’s rights touse the radio frequencies licensed to the Cabarrus Entities pursuant to the FCC Licensesattached as Exhibit A shall revert to the Cabarrus Entities (with each entity owning the licensesthat it owned prior to the Effective Date of this Agreement). Notwithstanding the forgoing, theevent of termination: (a) the Cabarrus Entities shall have no use or ownership rights with respectto any other FCC Licenses, or any other assets or licenses associated with the Radio System;and (b) all assets purchased with UASI federal grant funds shall be returned to the Operator foruse within the Radio System, except upgrades that have been made to the Cabarrus CountySubsystem during the duration of this Agreement that cannot practicably be removed without amaterial detrimental impact to the Cabarrus County Subsystem (“Essential Upgrades”) willbelong to the Cabarrus Entities. The parties agree that the Essential Upgrades will not includesystem to system connectivity hardware and software that is used to connect the CabarrusSubsystem to the Radio System. The parties further agree that the Essential Upgradespurchased with UASI funds will not belong to the Cabarrus Entities to the extent prohibited bythe UASI grant or by federal law.4.2. This Agreement may be terminated as follows:4.2.1. Mutual Consent. The parties may terminate this Agreement upon mutual consent undersuch terms as may be agreed to by the parties. The parties shall take into considerationthe effect of termination on all users of the Radio System.4.2.2. Termination for Default. The Operator may terminate this Agreement on behalf ofCharlotte and Mecklenburg County in the event any of the Cabarrus Entities materiallybreaches this Agreement and fails to cure such breach within six (6) months after receiptof written notice of the breach, provided that such termination shall not be effective untilthe first July 1 st following the Cabarrus Entities’ failure to cure. The Cabarrus Entities(acting collectively) may terminate this Agreement with respect to Charlotte andMecklenburg County in the event the Operator materially breaches this Agreement andfails to cure such breach within six (6) months after receipt of written notice of the breach,provided that such termination shall not be effective until the first July 1 st following theOperator’s failure to cure. Notwithstanding the forgoing, if the breach in question cannotreasonably be cured within a six month period, then the cure period shall beautomatically extended for a time period that is reasonably sufficient to cure the breach,so long as the party in breach is diligently and in good faith attempting to cure. A noticeof breach under this Section shall not be effective unless it specifically identifies thebreach and what must be done to cure it. Nothing herein shall be deemed to prohibit theF-27Attachment number 1Page 257
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CABARRUS COUNTYBOARD OF COMMISSIONE
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2. Library - Annual State Report3.
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October 3, 2011 (Work Session)PageT
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October 3, 2011 (Work Session)PageC
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Page 205 and 206: October 17, 2011 (Regular Meeting)P
Page 235 and 236: CABARRUS COUNTYBOARD OF COMMISSIONE
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Page 251 and 252: STATE OF NORTH CAROLINACOUNTY OF ME
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Page 261 and 262: foregoing, a Force Majeure Event ma
Page 263 and 264: ATTESTED:BY:_______________________
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Page 273 and 274: Exhibit DFEES FOR EQUIPMENT MAINTEN
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Page 285 and 286: 7. N.C. Gen. Stat. §153A-445 (a)(l
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Page 295 and 296: Kannapolis City Schools100 DENVER S
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Page 305 and 306: YesCOUNTY MANAGER'S RECOMMENDATIONS
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BUDGET AMENDMENT:Date: 10/24/2011 A
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Summary of Releases and Refunds for
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CHAPMAN CALEB SCOTT 2010-555202 C G
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MANTO JENNIFER LAUREN 2011-569510 P
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SUPERIOR INDUSTRIAL MAINTENANC 2011
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ATTACHMENTSProject DescriptionG-1Pa
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Grant Number 2011-047-19GRANT AGREE
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GRANTEE’s website, news releases,
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Contribution from Capital Reserve $
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ADULT CARE HOME COMMUNITY ADVISORY
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Adult Care Home Community Advisory
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ATTACHMENTSRosterApplications on Fi
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NURSING HOME COMMUNITY ADVISORY COM
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Dashboard Report for Cabarrus Count
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30 Director's salary as of July 1,
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100 Grand Total Circulation: Branch
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152 Public Service Hours Per Year15
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Table of Contents1. Introduction ..
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Review of Major Milestones for theC
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The themes generated from this exer
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Soft skills needed )nternal Assessm
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VisioningNext, participants were in
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3. Recreational4. Policy revisions
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Mission StatementThe CSLE separated
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1 MinuteSUBMITTED BY:Kay Honeycutt,
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some or all of that spending from o
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V-8 STMAY STDAKOTA STS RIDGE AVECON
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Office Use OnlyDATE RECEIVED:Applic
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