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November 18, 2002 Page 479 by Craft Homes off Piney Church Road, with the following conditions: (1) Ail fees must be paid to Cabarrus County and the City of Concord prior to final platting; (2) An Erosion and Sedimentation Control Plan must be submitted prior to the commencement of any land disturbing activities; (3) Following approval of the final plans, flow acceptance must be requested by the jurisdiction providing the retail sewer service (Concord); (4) Road improvements made per North Carolina Department of Transportation requirements; (5) Subdivision and street names must be approved by the Emergency 911 Coordinator; (6) Amenities in open space must meet subdivision requirements; and (7) The developer will enter into a Consent Agreement with Cabarrus County. Further, the Board authorized the County Manager to enter into a Consent Agreement with the developer on behalf of the County, including the donation of $500.00 per lot toward school adequacy and the delay in developing 94 of the 320 lots for a period of two years. (D-3) Resolution/Ordinance Granting a Non-Emergency Ambulance Service Franchise to Mid-State Transport, Inc. and Franchise Agreement with Mid-State Transport - Second Reading Mr. Mike Downs, Public Safety Services Director, presented for second reading the proposed Resolution/Ordinance granting a non-emergency ambulance franchise to Mid-State Transport, Inc. and the Franchise Agreement with Mid- State. The Board had approved the Resolution/Ordinance and Agreement on first reading at its meeting on October 21, 2002. As requested at the last meeting, a report by Mr. Downs was included in the Agenda documenting events since August 2002 concerning the non-emergency transport service in Cabarrus County. Mr. Clifton reviewed the efforts by County staff in seeking alternatives for non-emergency transports after Harrisburg Fire and Rescue notified the County it would be terminating the service unless the County met certain conditions, including a subsidy of $90.00 per call. He pointed out the proposed franchise with Mid-State Transport runs through June 30, 2003. There was brief discussion regarding the proposed non-emergency ambulance franchise and the services provided by Mid-State Transport. UPON MOTION of Commissioner Fennel, seconded by Commissioner Privette and unanimously carried, the Board adopted on second reading the "Resolution and Ordinance Granting a Non-Exclusive Franchise to Mid-State Transport, Inc.; for the Operation and Regulation of a Non-Emergency Ambulance Service within Cabarrus County, North Carolina, Pursuant to the Terms of that Certain Ordinance Adopted September 4, 1990, and Constituting the Franchise Agreement Referred to Therein" as set forth in the minutes of the October 21, 2002 meeting (Pages 468-470 of Minute Book 27). Further, the Board approved on second reading the following ~Agreement for Franchise of Transportation Services for Cabarrus County Non-Emergency Transportation Services" -and authorized the County Manager to execute the Agreement on behalf of Cabarrus County. AGREEMENT FOR FRANCHISE OF TRANSPORTATION SERVICES for Cabarrus County Non-Emergency Transportation Services This Franchise Agreement ("Agreement") made and entered into this day of November, 2002, by and between Cabarrus County, North Carolina (the ~County") and Mid- State Transport, Inc., ("Franchisee"), whose official representatives and contacts are as follows: Cabarrus County Frank Clifton, County Manager Post Office Box 707 Concord, North Carolina 28026-0707 Telephone: 704-920-2150 Facsimile: 704-920-2019 Mid-State Transport, Inc. F. Darryl Brooks: President 710 Char Meck Lane Charlotte, North Carolina 28205 Telephone: 704-334-3473 Facsimile: 704-334-1172 WITNESSETH: WHEREAS, The County desires to provide a franchise license in accordance with the terms of applicable North Carolina law, the applicable County ordinance and this Agreement for the provision of non-emergency ambulance transportation services for the citizens of the County; and WHEREAS, Franchisee desires to provide such transportation and the County and Franchisee mutually desire to enter into this Agreement, under which they can work together to maximize service quality and system efficiency; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the parties hereto agree as follows: A. Grant of Franchise License; Franchisee's Duties and Obligations. The County hereby grants to the Franchisee a franchise license to operate ambulance services in accordance with the terms of this Agreement. The Franchisee shall manage and operate a non-emergency transportation ambulance system in the County (the "System")