AG 1999 08 30 - Laserfiche WebLink

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269 DRAFT but in no event will it fall below the minimum established herein. (b) Building and Facilities. For each fiscal year of this Agreement, the amount allocated to the Fund for building and facilities Services ky each of the Hoards shall be based upon e per pupil allocation multiplied by the ADH Number of children in their respective school systems. However, in no event shall that amount be less than $138.88 per pupil based upon the ADH Numbers for each Board respectively, for a total of $ 3,121,466.88 in 1999-2000, based upon ADH Numbers of 18,522 students in the County School Facilities and 3,954 students (that reside in both Cabarrus and Rowan counties} in the Kannapolis City Schools for the 1999-2000 year. Furthermore, the Boards and the County agree that: (i) in the event square footage in School buildings increase, the Board and the County will reevaluate the funding needs for the Buildings and Facilities Services, taking into consideration such increased square footage, regardless of whether or not ADH Numbers increase; and (ii) in the event the County consolidates its maintenance and repair staff into the Department, the Boards and the County will at that time, reevaluate the method used for determining funding contributions of each Party, taking into consideration square footage and traffic considerations among other items. Attached hereto as Schedule i and incorporated as if more fully set forth herein is a chart which sets forth total School Facility building space and total School Facility grounds, which shall be amended from time to time to incorporate changes in such figures. (c} Fiber Optic Cable Installed and Maintained by Time Warner Cable. For each fiscal year of this Agreement, the amount allocated to the Fund for building and facilities for payment to Time Warner Cable for installation and maintenance of fiber optic cable between administrative offices and high schools shall be $32,500. Based upon the North Carolina ADM Numbers of 18,522 (85.74%) students in the County Schools and 3,080 (14.26%) students in Kannapolis City Schools that reside in Cabarrus County for the 1999-2000 school year, the Cabarrus Board shall allocate a minimum of $27,865.50 and the Kannapolis Board shall allocate a minimum of $4,634.50. 8. Accounting - The Cabarrus Board Finance Department will be responsible for establishing two separate internal accounting categories and will keep separate accounting records as to amounts actually spent for the Services provided for each of the Cabarrus Board and the Kannapolis Board with regard to the above: (i) Building and Facilities Services and (ii) Grounds and Maintenance Services. Within 30 days after the end of each quarter, the Cabarrus Board Finance Department will prepare a report showing spending by the Department, which report will be sent to the County Manager and the Superintendents. At the end of each fiscal year, unspent funds in either Boards' account, whether in building maintenance and facilities or grounds and maintenance, shall be reserved for subsequent years' budgets and shall only be spent for each respective purpose, subject to agreement by the Parties. 9. Year 2000 Readiness - Each Party represents that they have made the necessary preparations in hardware, software and related equipment in anticipation of the year 2000. 10. Disputes - In the event any disputes arise in connection with this Agreement, the Parties shall make an earnest, good faith attempt to resolve their differences prior to implementation of more formal measures for resolving such disputes. 11. Implementation - Transition of all Services subject to this Agreement from the Kannapotis Board to the Department shall take place as soon as possible, but not later than August 1, 1999. For Fiscal Year 1999- 2000, the Department will perform the Services described in the budgets of both the Boards. Existing contracts for School Facilities grounds Services executed by the County will be amended to pertain only to School Facilities and will be assigned to the Department as of July 1, 1999, or new contragts (with the same terms) with the third parties pertaining to grounds maintenance of School Facilities will be executed. 12. Termination - This Agreement may be terminated during the Initial Term by any Party only for cause, which shall mean: (i} if any Party fails to fulfill any of its material and substantial obligations under this Agreement, and (ii) such failure causes irreparable harm to a non-defaulting party; and (iii) the defaulting party fails to make reasonable efforts to remedy its default after receipt of written notice of such default and reasonable time for cure of the default is allowed. After the Initial Term,