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266 Resolution # 1999-17 RESOLUTION CABARRUS COUNTY BOARD OF COMMISSIONERS WHEREAS, the Cabarrus County Board of Commissioners wishes to provide for the consolidation of the maintenance staffs of the Cabarrus County Board of Education and the Kannapolis City Board of Education, and WHEREAS, the Cabarrus County Board of Commissioners has reviewed the Maintenance Agreement and desires to execute it, NOW, THEREFORE, be it resolved that the Maintenance Agreement attached hereto is hereby ratified. CABARRUS COUNTY BOARD OF COMMISSIONERS /s/ Jeffrey L. Barnhart Jeffrey L. Barnhart, Chair Date: July 12, 1999 Attest: /s/ Frankie F. Bonds Frankie F. Bonds, Clerk to the Board (SEAL) The Maintenance and Repair Agreement as approved by the Board is as follows: NORTH CAROLINA CABARRUS COUNTY MAINTENANCE ~ REPAIR AGREEMENT This Maintenance and Repair Agreement (the "Agreement") is entered into effective July 1, 1999 by and between the Cabarrus County Board of Education ("Cabarrus Board"), a school administrative unit of the State of North Carolina, the Kannapolis City Board of Education (the "Kannapolis Board"), a school administrative unit of the State of North Carolina (hereafter, the Kannapolis Board and the Cabarrus Board may be jointly referred to as the "Boards" from time to time); and Cabarrus County, North Carolina (the "County") (hereafter, the Boards and the County may be collectively referred to as the "Parties"); pursuant to N.C.G.S. §160A-460, et. seq. In consideration of the mutual promises and covenants contained herein the Parties agree as follows: 1. Purpose - The Boards wish to consolidate their individual maintenance staffs so that maintenance and repair activities with regard to their elementary, middle school and high school facilities, administrative facilities, maintenance repair and storage facilities, and any other school related facilities, including both buildings and grounds attendant to such facilities (hereafter, collectively "School Facilities"), can be consolidated so that such services, as more fully described below, are provided more efficiently and economically. The County will not consolidate its maintenance and repair staff with staffs of the Boards at this time, but may do so at a later date. Until such time, the County will continue all maintenance and repair of all real property (excluding School Facilities) it leases or owns. The costs and provision of utilities and janitorial services for any of the Parties are specifically excluded from this Agreement and shall remain the responsibility of each respective Party. 2. Duration - This Agreement shall be for a term of three (3) years, commencing July 1, 1999, and terminating June 30, 2002 (the "I~itial Term"). This Agreement may be continued thereafter for a subsequent term agreeable to the Parties, upon written agreement entered into by the Parties at least 60 days prior to June 30, 2002. 3. Consolidation of Staffs - Effective July 1, 1999, or as soon thereafter as possible, all maintenance and repair employees of the Kannapolis Board who remain employed in good standing on that date shall be offered a position as employees of the Facilities and Operations Department of the Cabarrus Board (the "Department"). There will not be lay-offs of any existing Kannapolis employees solely as a result of this transition. The Kannapolis Board represents to the Cabarrus Board and the County that it has fully complied with any applicable federal, state or local laws, rules or regulations with regard to the Kannapolis Board employees and this transition. Each Kannapolis Board employee who transfers to the Department shall receive pay and benefits at least comparable to the pay and benefits those employees were receiving from Kannapolis prior to July 1, 1999. During the term of this Agreement, no transferred employees of the Kannapolis Board shall be subject to dismissal or reassignment from the Department without the Director first conferring with the Kannapolis Board Superintendent. An individual currently employed by the County will become an employee of the Department for purposes of coordinating the maintenance and repair of the