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