STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA FEBRUARY 2, 2015 7:00 P.M.  CALL TO ORDER & WELCOME = CHAIRMAN LOWDER INVOCATION - COMMISSIONER EFIRD PLEDGE OF ALLEGIANCE APPROVAL/ADJUSTMENTS TO THE AGENDA  SCHEDULED AGENDA ITEMS  1. PROCLAMATION DECLARING FEBRUARY 9-1 15, 2015 AS NATIONAL FBLA-PBL  WEEK  Presenters: Chuck Van Hoose, State PBL President, SCC  Katrina Sams, State Secretary, Stanly Community College Jesse Crump, State Historian, Pfeiffer University Zaman Rashid, Chapter President, Pfeiffer University & representatives of the high school FBLA chapters  2. TAX ADMINISTRATION  Presenter: Clinton Swaringen, Tax Administrator  3. UTILITIES - BADIN WATER REHABILITATION PROJECT PART A  Presenter: Donna Davis, Utilities Director 4. JOINT MEETING WITH THE SCHOOL BOARD Presenter: Andy Lucas, County Manager  5. CONSENT AGENDA  A. Minutes = Regular meeting of January 20, 2015  B. Finance - Request acceptance of the Monthly Financial Report for Six  Months Ended December 31, 2014    C. Cooperative Ext. - Request approval for budget amendment #: 2015-29 D. Planning & Zoning - Request approval of the contract to administer the Abandoned Manufactured Home Ordinance for the Town of Red Cross E. E911- Request approval of the interlocal agreement for the Regional  Radio System Advisory Council  PUBLIC COMMENT  GENERAL COMMENTS & ANNOUNCEMENTS  ADJOURN  The next regular meeting is scheduled for Monday, February 16, 2015 at 7:00  p.m.    Stanly County Board of Commissioners  Meeting Date: February 2, 2015  Presenter:  STANIN COUNY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern) PC* Lectern VCR Lectern DVD J Document Camera** Laptop*** *PCis equipped with' Windows XP: and Microsoft Office) XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity **I Ifyou! have need tou uset thel Document Camera and: zoomi into a particular: area, ifp possible please: attacha copy oft the document with the areai indicated  Please Provide al Brief Description ofyour Presentations format:_ that) you need toz zoom into. AI laser lighti is available to pinpoint your area of projection. *** You can bring ina al laptop that will allow video outt to! be connected att thel lectern- set display to6 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  PROCLAMATION DECLARING FEBRUARY 9 - 15, 2015 AS NATIONAL FBLA-PBL WEEK  Request Board acceptance of the proclamation.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be at true of the action taken the copy County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  by Stanly  Budget Amendment Necessary  Tyler Brummitt, Clerk tot the Board  Date    Proclamation  National FBLA-PBL Week - February 9-15, 2015 (Future Business Leaders of4 America-Phi Beta Lambda) WHEREAS, Phi Beta Lambda and Future Business Leaders of America develop competent, aggressive business WHEREAS, PBL and. FBLA strengthen the confidence ofstudents in themselves and their work; WHEREAS, PBL and FBLA encourage members in the development ofi individual projects which contribute to WHEREAS, PBL and FBLA develop character, prepare students for usefulo citizenship, and foster patriotism;  leadership;  the improvement ofhome, business, and community;  WHEREAS, PBL and FBLA encourage efficient money management; WHEREAS, PBL and FBLA encourage. scholarship and promote school loyalty; WHEREAS, PBL and FBLA assist. students in the establishment ofoccupational, goals; WHEREAS, PBL and FBLAfacilitate the transition from. school to work;  BE IT RESOLVED that Stanly County, North Carolina, participate in the national designation of Phi Beta Lambda-Future Business Leaders of America Week. In doing S0, the Commissioners applaud the qforementioned goals and recognize the continued contributions and successes of FBLA chapters at the county high schools and the Phi Beta Lambda chapters at Stanly Community College and Pfeiffer University. The Commissioners, paricularlyrecoguize the SCC chapter as it concludes its 40" Amniversary and the state officers that the two chapters had elected for this year, The Commissioners also wish all these members success as they! prepare for participation in their up-coming state Leadership Conferences and Competitive Events. These chapters have conducted, programs and projects that have benefited Stanly County. They have produced. state and national officers and have won state and national competitive events that have brought attention to Stanly County. Most importantly, they have provided the opportumityfor leadership development that has resulted in outstanding citizens and business leaders. The Commissioners congratulate Phi Beta Lambda and Future Business Leaders of America and are pleased to. salute them publicly during this week ofi national emphasis.  Janet K. Lowder, Chairman Peter Asciutto, Commissioner T.Scott Efird, Commissioner  Tony M. Dennis, Vice Chairman Joseph. Burleson, Commissioner Willie D. Lawhon, Jr., Commissioner  Gene Mcintyre, Commissioner  Board ofCommissioners, Stanly County, North Carolina - February 2, 2015    Stanly County Board of Commissioners Presenter: Clinton Swaringen/Tax Administrator  Meeting Date: February 2,2015  X 2  STANIN COUNY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD D Document Camera** Laptop*** *PCis equipped with' Windows XP: and Microsoft Office XP( (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you have need tou uset the Document Camera and zoom intos a particular area, if possible please attachac copy oft the document with the areai indicated  Please Provide: a Brief Description ofy your Presentations format: that you need to zoom into. A laser lighti isa available tor pinpoint your area ofp projection. *** Youc can bring ina a laptopt that will allow video out to be connected: at the lectern- set display to6 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  According to GS 105-369(a), the Tax Collector must report to the governing body the total amount of unpaid taxes for the current fiscal year that are liens on real property. Upon receipt of the report, the governing body must order the Tax Collector to advertise the tax liens.  Irequest the Board of Commissioners issue an order to advertise these tax liens during the month  of March 2015  Signature: Mtin  Dept. Tax Administration Attachments:  Date: 1/27/2015  Yes X Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review. Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    UNPAID REAL PROPERTY TAXES WHICH ARE LIENS ON REAL PROPERTY  FEBRUARY 2, 2015 COMMISSIONERS MEETING  As ofJanuary 27, 2015 the total amount of unpaid real property taxes for the current fiscal year, FY14-15, that are liens on real property amount to $2,202,092.97. Upon order byt the Board of Commissioners these tax liens will be advertised in March 2015. The stated amount will be reduced as the Collections office continues to accept payments. Delinquent notices are scheduled to be mailed early February 2015 in an effort to collect these taxes. The reportis  attached for your viewing. Thank you, hhis Mhn Clinton Swaringen Stanly County Tax Administrator        Stanly County Board of Commissioners  Meeting Date: February 2,2015  Presenter:  STANIN COUNIY  Donna Davis  3  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with Windows XP: andI Microsoft Office XP( (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you have need tou uset thel Document Camera andz zoomi into a particular area, if possible please attach a copy oft the document with the: areai indicated  Please Provide a Brief Description of your Presentations format: that you need toz zoomi into. Al laser lighti is available top pinpoint your area ofp projection. *** You can bringi ins al laptop that will allow video out to bec connected: att thel lectern- set display to 60Mhz. S Stanly County Ultilities/Greater Badin Water & Sewer District  for County Employees.  ITEM TO BE CONSIDERED  u  b Upon receiving bids for the Badin Water Rehabilitation Project Part A funded by USDA, the bids for j construction exceeded the approved construction cost by $169,105. Due to the cost overrun USDA required e that additional funds be identified for the project. Stanly County Utilities identified some spending C reductions in thel legal services and interest line items estimates which amounted to $60,000 and USDA was t able to proved $109,000 in additional grant funds for the project. Greater Badin will have to pay and  additional $105 for a total $25,169.  R e 9 u e S e d A C t 0 n Signature: Date: January 26,2015  1) Accept new offer of funding from USDA and terms and conditions for funding. 3) Award contract for construction of Part A project to SKC of Seagrove, North Carolina  2) Approve corresponding budget amendment.  Dept. Utilities Attachments:  yes X Certification of Action Certified to bea a true copy of the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager  Budget Amendment: Necessary X    Greater Badin Water & Sewer District 1000 NIS Street Suite 12 ALBEMARLE, NORTH CAROLINA 28001  Phone (704) 986-3686  Fax (704)986-3711  December 17,2014  Lynn Straughan, Area Specialist Rural Development U.S. Department of Agriculture 847 Curry Drive, Suite 104 Asheboro, NC 27205 SUBJECT: Stanly County  PartA-Greater Badin Water Rehab Project  Greater Badin Water and Sewer District is requesting $109,105 ins additional grant funding for the Part A Greater Badin Water Rehabilitation Project. Bids were received for the project on December 4, 2014. The lowest bid exceeded construction cost estimates by $169,105. Greater Badin anticipates that legal fees will be $30,000 less than estimated and interest fees will be $30,000 less than estimated and has shifted these savings to cover the increase in construction cost. However, the project will still be $109,105 beyond the funding level now inj place. Therefore we respectfully: request the additional grant funds to ensure the project can be Greater Badin Water and Sewer District looks forward to the completing this vital project which will improve the quality of water and enhance the reliability of the system the Badin community. Greater Badin Water and Sewer District appreciates USDA Rural Development's assistance with  completed.  this project. Ify you have any questions, please feel free to contact me.  Sincerely,  Qmnlla Donna Davis, Director  Greater Badin Water and Sewer District    USDA  United States Department of Agriculture  January 20, 2015  Mr. Tony Dennis, Chairman Greater Badin Water and Sewer District 1000 N. First Street, Suite 12 Albemarle, NÇ 28001 Dear Mr. Dennis:  This letter is considered Amendment No. 11 to the original Letter of Conditions dated July 24, 2013, which must be understood and agreed to by you before further consideration may be given to your application. The subsequent grant will be administered on behalf of Rural Utilities Service (RUS) by the State and Area staff USDA Rural Development. Due to construction bid overrun on the Greater Badin Water and Sewer District Part A Water System Replacement Project, it is necessary to amend the original Letter of Conditions to provide for the additional funds in order to balance the project budget. This amended letter is not to be considered as grant approval or as a representation as to the availability of funds. The application may be completed based on the following: A RUS loan not to exceed $2,132,000, and initial RUS grant not to exceed $91,900,asubseguent RUS grant not to exceed $109,000, a revised applicant contribution of $25,169, for a revised total project cost of  $2,857,769.00.  Any changes in project cost, sources of funds, scope of services or any other significant changes in the project or applicant must be reported to and approved by RD by written amendment to this letter. Any changes not approved by RD shall be cause for The grant will be considered approved on the date a signed copy of Form RD 1940-1 Please complete and return the attached Form RD 1946-46, "Letter of Intent to Meet Conditions", if you desire that further consideration be given your application.  discontinuing processing of the application.  "Request for Obligation of Funds," is mailed to you.  Rural Devetopment Asheboro. Area Office 847 Curry Drive, Suite 104. Asheboro, NC 27205 Voice (336)6 629-4449, Ext. 4. Fax2Mail 1-844-325-6822 USDAIs ane equal opportunity provider ande employer,  lyouv wish tof fle a Civil Righis program complaint ofd discriminaltion, complete the USDAF Program Discrimination Complaint Form (PDF), found online atp ntplAww.a ascr.ysda.g govicomplant. ling., cust.htm). or ata any USDA offiçe, or call (868) 632-9992t to request thef form. Your may also write a letter containing all of thel information requested in the form. Send your compleled complaint form or letter toy us by mail atl U,S, Department ofA Agriculture, Director, Ofiçe of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email al  pcogram.i intakeduada.gov.    2  Ifthe conditions set forth in this letter are not met within thirteen (13) months from the date hereof, RD reserves the right to discontinue processing the application.  PROJECT BUDGET  Funding from all sources has been budgeted for the estimated expenditures as follows:  ProjectCosts: Construction Legal Fees (Bond Counse!) Engineering Fees Basic ER Surveying Interest Project Contingency TOTAL  Total Budgeted: $2,314,245.00 12,903.00 264,316.00  $139,649.00 6,900.00  Inspection 117,767.00  25,000.00 33,691.00 207,614.00 $2.857,769.00  GRANT AGREEMENT  Attached is a copy of a revised RUS Bulletin 1780-12, "Water and Waste System Grant Agreement," for your review. The District will be required to execute the revised form  that includes the initial and subsequent grant amounts.  Sincerely,  Amu Hafas Lynn Straughan Area Specialist Attachment Cc: Area Director Asheboro, NC    Chambers Engineering: PA  12/5/2014  Mrs. Donna Davis, Exec. Director Greater Badin' Water & Sewer District 1000-12 North First St. Albemarle, NC: 28001  Re: Greater Badin Water & Sewer District Water System Replacement PartA Recommendation of Award  Dear Mrs. Davis:  Sealed bids were received on Thursday, December 4", 2014 at 3:00 PM EST for the above referenced project in the County Manager's Conference Room at the Stanly County Commons. There were 7 record plan holders with 6 received bids prior to the specified Bid Opening time. Bids were publicly opened and read aloud at the specified Bid Opening time. After canvassing all bids received, it is our recommendation that this project be tentatively awarded, subject to USDA approval, to the apparent responsive, responsible low bidder, SKC, Inc. of PO Box 386, Seagrove, NC 27341 for the total bid amount of$2,314,245.00. The proposed contract award would be on a unit price basis with reimbursement for work completed compensated in accordance with the Contract Bid Form Unit Price schedule. Again, thank you for your time and efforts in this matter. lam available at your convenience  The bidt tabulation is as presented in the attached Certified Bid Results.  should you need additional information or assistance.  Sincerely,    Phelatye John R. Mcintyre, PE Cc:  Lynn Straughan, USDA Unit Price Bid Tabulation  Attach: Certified Bid Results  PO. Box 1726- - 129 N. First St. - Albemarle, NC: 28002 - 704-984-6427    Chambers Engineering. PA  CERTIFIED BID RESULTS Water System Replacement PartA Certified Bid Results Greater Badin Water & Sewer District December 4", 2014/3:00 PMI EST  Project Description Owner Bid Opening Datel Time  Bid Rank 1 SKC, Inc.  Bidder  Bid Bond Enclosed YES NO YES NO YES NO YES NO YES NO YES NO  Total Base Bid $2,314,245.00 $2,343,915.00 $2,416,170.00 $2,839,025.00 $3,088,037.10 $3,381,025.00  2 Propst Construction Company 3 Hall Contracting Corp. 4 Terry's Plumbing & Utilities, Inc. 5 Concord Builders, Inc. 6 BRS, Inc.  I, John R. Mcintyre, PE, hereby certify that the above tabulation of Bids is true and accurate to the best of my knowledge and that all Bids were received and processed in accordance with the requirements of the  solicitation and Contract Documents. Signed this the 5" day of December, 2014  SEAL 40325  5 Jonn R. Mcintyre, PE  lyu  PO. Box 1726- - 129 N. First St. Albemarle, NC: 28002-704-984-6427    :    338388 8    0 3 P  8 :    388888383835    333853    8 8    RUS Bulletin 1780-12  Water and Waste System Grant Agreement United States Department of Agriculture Rural Utilities Service 1/20/2015  THIS AGREEMENT dated  between  GREATER BADIN WATER AND SEWERI DISTRICT  ap public corporation organized and operating under  NCGENERAL: STATUTES (Authorizing Statute)  herein called "Grantee," and the United States of America acting through the Rural Utilities Service, Department  of Agriculture, herein called "Grantor," WITNESSETH:  WHEREAS  Grantee has determined to undertake a project of acquisition, construction, enlargement, or capital improvement of a (water) (waste) system to serve the area under its jurisdiction at an estimated cost of$_ 2,857,769.00 revenues, charges, taxes or assessments, or funds otherwise available to Grantee resulting in a reasonable  and has duly authorized the undertaking of such project. Grantee is able to finance not more than $.  2,157,169.00  oft the development costs through  user charge. Said sum of $. development costs.  2,157,169.00  has been committed to and by Grantee for such project  Grantor has agreed to grant the Grantee as sum not to exceed $_  700,600.00  or 24.52  percent ofs said project development costs, whichever is the! lesser, subject to the terms and conditions established by the Grantor. Provided, however, that the proportionate share of any grant funds actually advanced and not needed for grant purposes shall be returned immediately to the Grantor. The Grantor may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that As a condition of this grant agreement, the Grantee assures and certifies that iti is in compliance with and will comply in the course of the agreement with all applicable laws, regulations, Executive orders and other generally applicable requirements, including those set outi in 7 CFR3015.205/D), which hereby are incorporated into this agreement by referençe, and such other statutory provisions as are specifically set forth herein. NOW, THEREFORE, In consideration of said grant by Grantor to Grantee, to be made pursuant to Section 306(a) of The Consolidated Farm and Rural Development. Act fort the purpose only of defraying a part not to exceed 24.52 percent of the project development costs, as defined by applicable Rural Utilities Service  the Grantee has failed to comply with the Conditions of the grant.  instructions.  Grantee Agrees That Grantee Will:  A. Cause said project to be constructed within the total sums available to it, including said grant, in accordance with the project plans and specifications and any modifications thereof prepared by Grantee and  approved by Grantor.    Bulletin 1780-12 Page 2  B. Permit periodic inspection of the construction by a representative of Grantor during construction. C. Manage, operate and maintain the system, including this project ifl less than the whole of said system, D. Make the services of said system available within its capacity to all persons in Grantee's service area without discrimination as to race, color, religion, sex, national origin, age, marital status, or physical or mental handicap (possess capacity to enter into legal contract for services) at reasonable charges, including assessments, taxes, or fees in accordance with a schedule of such charges, whether for one or more classes of Grantee. The initial rate schedule must be approved by Grantor. Thereafter, Grantee may make such modifications to the rate system as long as the rate schedule remains reasonable and nondiscriminatory. E.A Adjust its operating costs and service charges from time to time to provide for adequate operation and maintenance, emergency repair reserves, obsolescence reserves, debt service and debt service reserves. F. Expand its system from time to time to meet reasonably anticipated growth or service requirements in G. Provide Grantor with such periodic reports as it may require and permit periodic inspection ofi its H. To execute any agreements required by Grantor which Grantee is legally authorized to execute. If any such agreement has been executed by Grantee as a result of al loan being made to Grantee by Grantor contemporaneously with the making of this grant, another agreement oft the same type need not be executed in I. Upon any default under its representations or agreements set forth in this instrument, Grantee, at the option and demand of Grantor, will repay to Grantor forthwith the original principal amount of the grant stated herein above with the interest at the rate of 5 percentum per annum from the date of the default. Default by the Grantee will constitute termination of the grant thereby causing cancellation of Federal assistance under the grant. The provisions of this Grant Agreement may be enforced by Grantor, at its option and without regard to prior waivers by it previous defaults of Grantee, byj judicial proçeedings to require specific performance of the terms of this Grant Agreement or by such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure compliance with the provisions oft this Grant Agreement and J. Return immediately to Grantor, as required by the regulations of Grantor, any grant funds actually K. Use the real property including land, land improvements, structures, and appurtenances thereto, for 1. Title to real property shall vest in the recipient subject to the condition that the Grantee shall use the 2. The Grantee shall obtain approval by the Grantor agency for the use of the real property in other projects when the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs or programs that have purposes consistent with those authorized for support byt the Grantor.  continuously in ane efficient and economical manner.  service, adopted by resolution dated  as may be modified from time to time by  the area within its jurisdiction.  operations by a representative of the Grantor.  connection with this grant.  the laws and regulations under which this grant is made. advanced and not needed by Grantee for approved purposes. authorized purposes of the grant as long as needed.  real properly for the authorized purpose of the original grant as long as needed.    RUS Bulletin 1780-12  Page 3  3. When the real property is no longer needed as provided in 1a and 2 above, the Grantee shall request disposition instructions from the Grantor agency or its successor Federal agency. The Grantor agency  shall observe the following rules in the disposition instructions:  (a) The Grantee may be permitted to retain title after it compensates the Federal Government in an amount computed by applying the Federal percentage of participation in the cost of the (b) The Grantee may be directed to sell the property under guidelines provided by the Grantor agency. When the Grantee is authorized or required to sell the property, proper sales procedures shall be established that provide for competition to the extent practicable and result in the highest (c) The Grantee may be directed to transfer title to the property to the Federal Government provided that in such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participation in the cost of the program or project to the current fair  original project to the fair market value of the property.  possible return. [Revision 1, 04/17/1998]  market value oft the property.  This Grant Agreement covers the following described real property (use continuation sheets as  necessary).  ALLREALI ESTATE PURCHASED OR IMPROVED WITH RD GRANTI FUNDS  L. Abide by the following conditions pertaining to equipment which is furnished by the Grantor or acquired wholly ori in part with grant funds. Equipment means tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. A grantee may use its own definition of equipment provided that such definition would at least include all equipment defined above.  [Revision 1, 04/17/1998] 1. Use of equipment.  (a) The Grantee shall use the equipment in the project for which it was acquired as long as needed. When no longer needed for the original project, the Grantee shall use the equipment in connection with its other Federally sponsored activities, if any, in the following order of priority:  1) Activities sponsored by the Grantor. (2) Activities sponsored by other Federal agencies.  (b) During the time that equipment is held for use on the property for which it was acquired, the Grantee shall make it available for use on other projects if such other use will noti interfere with the work on the project for which the equipment was originally acquired. First preference for such other use shall be given to Grantor sponsored projects. Second preference will be given to other  Federally sponsored projects.    RUS Bulletin 1780-12 Page 4  2. Disposition of equipment. When the Grantee nol longer needs the equipment as provided in paragraph (a) above, the equipment may be used for other activities in accordance with the following standards: (a) Equipment with a current per unit fair market value of! less than $5,000. The Grantee may use the equipment for other activities without reimbursement tot the Federal Government or sell the (b) Equipment with a current per unit fair market value of $5,000 or more. The Grantee may retain the equipment for other uses provided that compensation is made to the original Grantor agency ori its suçcessor. The amount of compensation shall be computed by applying the percentage of Federal participation in the cost oft the original project or program to the current fair market value or proceeds from sale oft the equipment. Ift the Grantee has no need for the equipment and the equipment has further use value, the Grantee shall request disposition instructions from the The Grantor agency shall determine whether the equipment can be used to meet the agency's requirements. If no requirement exists within that agency, the availability of the equipment shall be reported, in accordance with the guidelines oft the Federal Property Management Regulations (FPMR), to the General Services. Administration by the Grantor agency to determine whether a requirement for the equipment exists in other Federal agencies. The Grantor agency shall issue instructions to the Grantee no later than 120 days after the Grantee requests and thet following (1)Ifso instructed or if disposition instructions are noti issued within 120 calendar days after the Grantee's request, the Grantee shall sell the equipment and reimburse the Grantor agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. However, the Grantee shall be permitted to deduct and retain from the Federal share ten percent oft the proceeds (2)! If the Grantee is instructed to ship the equipment elsewhere the Grantee shall be reimbursed by the benefiting Federal agency with an amount which is computed by applying the percentage of the Grantee participation in the cost of the original grant project or program to the current fair market value of the equipment, plus any reasonable (3) If the Grantee is instructed to otherwise dispose of the equipment, the Grantee shall be reimbursed by the Grantor agency for such costs incurred in its disposition.  equipment and retain the proceeds.  original Grantor agency.  procedures shall govern:  for Grantee's selling and handling expenses.  shipping or interim storage costs incurred.  3. The Grantee's properly management standards for equipment shall also include:  (a) Records which accurately provide for: a description oft the equipment; manufacturer's serial number or other identification number; acquisition date and cost; source oft the equipment; percentage (at the end of budget year) of Federal participation in the cost oft the project for which the equipment was acquired; location, use and condition of the equipment and the date the information was reported; and ultimate disposition data including sales price or the method used todetermine current fair market value ift the Grantee reimburses the Grantor fori its share. (b) Al physical inventory of equipment shall be taken and the results reconciled with the equipment records at least once every two years to verify the existence, current utilization, and  continued need for the equipment.    RUS Bulletin 1780-12  Page 5  (c)Acontrol system shall bei in effect toi insure adequate safeguards to prevent loss, damage, or theft oft the equipment.. Any loss, damage, or theft of equipment shail be investigated and fully (d) Adequate maintenance procedures shall bei implemented to keep the equipment in good (e) Proper sales procedures shall be established for unneeded equipment which would provide for competition to the extent practicable and result in the highest possible return.  documented. condition.  This Grant Agreement covers the following described equipmentuse continuation sheets as necessary).  AIEQUIPMENTFURCASD ORI IMPROVED WITH RD GRANTI FUNDS  M. Provide Financial Management Systems which willi include:  1. Accurate, çurrent, and complete disclosure of the financial results of each grant. Financial reporting 2. Records which identify adequately the source and application oft funds for grant-supported. activities. Those records shall contain information pertaining to grant awards and authorizations, obligations, 3. Effective control over and accountability for all funds, property and other assets. Grantees shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. N. Retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a period of at least three years after grant closing except that the records shall be retained beyond the three-year period if audit findings have not been resolved. Microfilm or photo copies or similar methods may be substituted in lieu of original records. The Grantor and the Comptroller General oft the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records oft the Grantee's government which are pertinent to the specific grant program for the purpose of making audits, O.Provide information as requested by the Grantor to determine the need for and complete any P. Provide an audit report prepared in accordance with Grantor regulations to allow the Grantor to determine that funds have been used in compliance with the proposal, any applicable laws and regulations and Q.A Agree to account for and to return to Grantor interest earned on grant funds pending their disbursement for program purposes when the Grantee is a unit ofl local government. States and agencies or instrumentality's of states shall not be held accountable for interest earned on grant funds pending their  willl be on an accrual basis.  unobligated balances, assets, liabilities, outlays, andi income.  4. Accounting records supported by source documentation.  examinations, excerpts and transcripts. necessary Environmental Impact Statements.  this Agreement.  disbursement.    RUS Bulletin 1780-12 Page 6  R. Not encumber, transfer or dispose oft the properly or any part thereof, furnished by the Grantor or acquired wholly or in part with Grantor funds without the written consent oft the Grantor except as provided in S.1 Toir include in all contracts for construction or repair a provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department ofLabor regulations (29 CFR, Part 3). T.Toinclude in all contracts in excess of $100,000 a provision that the contractor agrees to comply with allt the requirements oft the Clean Air Act (42 U.S.C. $7414) and Section 308 of the Water Pollution Control Act (33 U.S.C. $1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control. Act and all regulations and guidelines issued thereunder after the award of the contract. In sO doing the Contractor  item K: above.  The Grantee shall report all suspected or reported violations tot the Grantor.  further agrees: [Revision 1, 11/20/1997)  1.Asa a condition for the award of contract, to notify the Owner of the receipt of any communication from the Environmental Protection Agency (EPA) indicating that at facility to be utilized in the performance of the contract is under consideration to be listed on the EPAI list of Violating Facilities. Prompt notification is 2. To certify that any facility to be utilized in the performance of any nonexempt contractor subcontract is notl listed on the EPA list of Violating Facilities pursuant to 40 CFR Part 32 as oft the date of contract 3. Toi include or cause tol bei included the above criteria and the requirements in every nonexempt subcontract and that the Contractor will take such action as the Government may direct as a means of As used int these paragraphs the term "facility" means any building, plan, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a Grantee, cooperator, contractor, or subcontractor, to be utilized in the performance of a grant, agreement, contract, subgrant, or subcontract. Where al location or site of operation contains or includes more than one building, plant, installation, ors structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection. Agency, determines that independent facilities are co-located in one  required prior to contract award.  award.  [Revision 1, 11/20/1997] enforcing such provisions.  geographical area. Grantor Agrees That It: 700,600.00  A. Will make available to Grantee for the purpose of this Agreement not to exceed  $  which it will advance to Grantee to meet not to exceed 24.52 percent oft the project  development costs of the project in accordance with the actual needs of Grantee as determined by Grantor. B. Will assist Grantee, within available appropriations, with such technical assistance as Grantor deems appropriate in planning the project and coordinating the plan with local official comprehensive plans for sewer C.Ati its sole discretion and at any time may give any consent, deferment, subordination, release, satisfaction, or termination of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Grantor may determine to be (1) advisable to further the purpose of the grant or to protect Grantor's financial interest therein and (2) consistent with bothi the statutory purposes of the grant  and water and with any State or area plans for the area in which the project is located.  and the limitations oft the statutory authority under which iti is made.    RUS Bulletin 1780-12  Page7 7  Termination of This Agreement  This Agreement may! be terminated for cause ini the event of default on the part of the Grantee as provided in paragraph labove or for convenience of the Grantor and Grantee prior to the date of completion of the grant purpose. Termination for convenience will occur when both the Grantee and Grantor agree that the continuation of the project will not produce beneficial results commensurate with the further expenditure of  funds.  Inwitness whereof Grantee on the date first above written has caused these presence to be executed by  its duly authorized  attested and its corporate seal affixed by its duly authorized  Attest: By. Tyler Brummitt (Title). Clerk to the Board By. Tony Dennis (Title). Chairman oft the) Board UNITED STATES OF AMERICA RURAL UTILITIES SERVICE By. Lynn Straughan Area Specialist  (Title)    USDA Form RD 1940-1 (Rev. 06-10) 1.CASE NUMBER ST CO BORROWERID 38-084-460709704 2.BORROWERI NAME  FORM APPROVED OMB No. 0570-0062  REQUEST FOR OBLIGATION OF FUNDS  INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED( ) Complete Items 1 through 29 and applicable Items 30 through 34. See FMI.  LOAN NUMBER 3.NUMBER NAME FIELDS 4.STATE NAME North Carolina 5.COUNTY NAME Stanly  FISCAL YEAR  Greater Badin Water and Sewer District 1 (1,2,or3 3from! liem 2)  GENERAL BORROWERLOAN INFORMATION  6.F RACE/ETHNIC CLASSIFICATION 2-BLACK 5-API 3-AVAN 6 1-MALE 5-ORGANFEMALE OWNED 2-FEMALE 6-PUBLICS BODY 14. DIRECT PAYMENT (See FMI) 17, COMMUNITY SIZE 1-10000ORLESS 2-OVER1 10,000 (FOR HPGONLY) SFHAND 19.TYPE OF ASSISTANCE 064 (SeeF FMI) 23. TYPE OF SUBMISSION 1-INITIAL 2-SUBSEQUENT 26. AMOUNT OF IMMEDIATE. ADVANCE  7.TYPE OF APPLICANT FARMERS  8. COLLATERAL CODE 1-REALESTATE 4-MACHINERY ONLY RELATIONSHIP CODE SECURED S-LVESTOCKONLY 1-EMPLOVEE 2-REALESTATE CHATTELONLY -RLFACCT 12. VETERAN CODE 16. FEE INSPECTION 2 2-NO 18, YSE OF FUNDS CODE (SeeF FMI) 21.SOURCE OF FUNDS  9.EMPLOYEE 2-MEMBEROFFAMILY CLOSEF RELATIVE 4-ASSOC. 13. CREDIT REPORT 1-YES 21 2-NO  8-NONPROFTFATHE BASED 11-OTHER  1-WHITE -HISPANIC -CORPORATION 9-INDIAN TRIBE 10. SEX CODE 3-FAMIYUNIT -ORGAN. MALE OWNED 11.MARITAL STATUS  ONLY  -ASSOC. OF 10-PUBLICO COLEGE/UNIVERSITY ANDCHATTEL 3-NOTEONLYOR 7-SECUREDBY BONDS  1-MARRIED 3-UNMARRIED (INCLUDES 1-YES 2-SEPARATED WIDOWEDDIVORCED) 2-NO  15.TYPE OF PAYMENT  QUARTERLY  COMPLETE FOR OBLIGATION OF FUNDS  20.PURPOSE CODE  22,TYPE OF ACTION 3-CORRECTIONOF 2-OBLIGATIONCHECK# OBLIGATION  24. AMOUNT OF LOAN 27.DATE OF APPROVAL MO DAY YR  25, AMOUNT OF GRANT $109, 000.00 %  28. INTEREST RATE 29. REPAYMENT TERMS  COMPLETE FOR COMMUNITY PROGRAM, AND CERTAIN MULTIPLE-FAMILY HOUSING LOANS  30. PROFIT TYPE 2-LIMITEDPROFIT 1-FULLI PROFIT 3-NONPROFIT 31.DISASTERI DESIGNATION NUMBER 33. OBLIGATION DATE MO DA YR  COMPLETE FORI EMI LOANS ONLY (SeeFMI) FINANCE OFFICE USE ONLY  COMPLETE FOR CREDIT SALE-ASSUMPTION 2-A ASSUMPTIONONLY 1-CREDITS SALEONLY 3-CREDIT SALEV WITHS SUBSEQUENTLOAN SUBSEQUENTLOAN COMPLETE FOR FP LOANS ONLY  32.TYPE OF SALE  4-ASSUMPTIONWITH  34. BEGINNING FARMERIRANCHER (See FMI)  Ifie decisione contuinedu ubureint this/ form results he demial, rehctionore cancellatione UfUSDA ussiskunce, juun mayn mppeal thisd decisiona undh huvea hearingor) yurn muyn requestu reriewi in liewo ufaheurig. ORIGINAL: Borrower's Case Folder COPY1-Finance Office COPT2-Aplcanulende: COPY3-State Office According ot theF Paperwork Reduction Actof 1995, an agency may note conducto or: sponsor, andu upersoni isnotr requiredio respondi toacollection afinformution: nkessitdisplgsses vlidOMBc coniroln number:. Thes vulid OMB controln number forn thisi inyformationo collectionk is0570-0062. Then timer reguiredior complete tkisi information collectionis isestimaled! toa average 15m minutes pern response, incldig. thet time! forr reviewingi instructions.  Please useil thefrniy weh havei includedjori thispurpose.  Position2  seurchinge existing datas sources, gathering anda maintaining thed datan needed. andc completing aadreriewing thec collection afinformation.    CERTIFICATION APPROVAL  For Alll Farmers Programs  EM, OL,FO, and SW Loans  This loani is approved subject tot the availability of funds. Ifthis loan does not close for any reason within 90 days from the date of approval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval official willl have 14 working dayst to review any updatedi information prior tos submitting this document for obligation of funds. Ift there havel been significant changes that may affect eligibility, a decision as to eligibility and feasibility will be made within 30 days from the time the applicant provides the necessary information. Ifthis is al loan approval for which al lien and/or titles searchi is necessary, the undersigned appliçant agrees that the 15-working-day. loan closing requirement may be exceeded for the purposes of the applicant's legal representative  completing title work and completing loan closing.  35. COMMENTS ANDI REQUIREMENTS OF CERTIFYING OFFICIAL See original Letter of Conditions 07/24/2013  36. IHEREBY CERTIFY that Iam unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, takingi into consideration prevailing private and cooperative rates and terms in or near my community for loans for similar purposes andj periods oft time. Iagree to use the sum specified herein, subject to andi in accordance with regulations applicable tot the type of assistance indicated above, andi request payment ofs such sum. Iagree to report to USDA any material adverse changes, financial or otherwise, that occur prior tol loan closing. Icertify that no part of the sum specified herein has been reçeived. Ihave reviewed the loan approval requirements and comments associated with this loan (For FPI loans at eligible terms only) Ift this loan is approved, Ielectt thei interest rate to be charged on my loan tol bet thel lower oft the interest rate ine effect att the time ofl loan approval or loan closing. IfI check" "NO", thei interest rate charged on my  request and agree to comply with these provisions. loan will be the rate specifiedi inl Item 28 oft this form.  YES  NO  WARNING:  Whoever, in any matter within thej jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement ore entry, shall bet fined under this title ori imprisoned not more than five years, or both."  Date_ Date.  20 15 20-  Tony Dennis, Chairman  (Signature of Applicant) (Signature ofCo-Applicant)  37. IHEREBY CERTIFY that all oft the committee and administrative determinations and certifications required by regulations prerequisite toy providing assistance oft the type indicated abovel havel been made andt that evidence thereofi is in the docket, and that all requirements of pertinent regulations have been complied with. I hereby approve the above-described assistance in the amount: set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such amount to the applicant for the purpose ofand subject to the availability prescribed by regulations applicable to this type of  assistançe.  Randall A. Gore  (Signature of Approving Oficial)  Typed or Printed Name: Randall A. Gore  Date Approved:  Title: State Director  38. TOTHE APPLICANT: As of this date_  this is notice that your application for finançial assistance  from thel USDA has been approved, asi indicated above, subject to the availability of funds and other conditions required by  the USDA. Ify you have any questions contact the appropriate USDA Servicing Office.    Revised 07/07/2003  AMENDMENT NO: 2015-30  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that thet following amendment be made Toa amend Badin Water Rehab Part Al Project Fund 613, the expenditures are to be changed as follows:  to the annual budget ordinance for the fiscal year ending June 30, 2015:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED  FUND/DEPART ACCOUNT NUMBER 612.7120 612.7120  ACCOUNT DESCRIPTION  AS 329,010  NUMBER  580.000 Bldgs, Structure, & Improve $ 2,357,654 $ 169,105 $ 2,526,759  190.000 Professional Services  389,010  (60,000)  TOTALS  2,746,664 $ 109,105 $ 2,855,769  This budget amendment is justified as follows: To amend the Badin Water Rehab Part AF Project per USDA letter.  This will resulti in ar neti increase $ 109,105 in expenditures and other financial use tot the County's annual budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they will be received in this fiscal year.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 591,600 $ 109,000 $ 700,600 e 616,664 $ 109,105 $ 725,769  FUND/DEPART ACCOUNT NUMBER 612.7120 612.3980  ACCOUNT DESCRIPTION  AS  NUMBER  330.84 USDA Grant 980.611 From Greater Badin Fund  25,064  105  25,169  TOTALS  SECTION:2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners,  Budget Officer, andt toi the Finance Director.  Adopted this_  day of  20  Verified byt the Clerk oft the Board_  EAL  1-87-16 Date 37-15 Date Date  Posted by Journal No. Date  Reviewed by County Manager  1272015951AM  BA2015-30    USDA  United States Department of Agricuiture  January 20, 2015  Mr. Tony Dennis, Chairman Greater Badin Water and Sewer District 1000 N. First Street, Suite 12 Albemarle, NC 28001 Dear Mr. Dennis:  This letter is considered Amendment No. 1 to the original Letter of Conditions dated July 24, 2013, which must be understood and agreed to by you before further consideration may be given to your application. The subsequent grant will be administered on behalf of Rural Utilities Service (RUS) by the State and Area staff USDA Rural Development. Due to construction bid overrun on the Greater Badin Water and Sewer District Part A Water System Replacement Project, it is necessary to amend the original Letter of Conditions to provide for the additional funds in order to balance the project budget. This amended letter is not to be considered as grant approval or as a representation as to the availability of funds. The application may be completed based on the following: Al RUS loan not to exceed $2,132,000, and initial RUS grant not to exceed $591,600, a subsequent RUS grant not to exceed $109,000, a revised applicant contribution of $25,169, for a revised total project cost of  $2,857,769.00.  Any changes in project cost, sources of funds, scope of services or any other significant changes in the project or applicant must be reported to and approved by RD by written amendment to this letter. Any changes not approved by RD shall be cause for The grant will be considered approved on the date a signed copy of Form RD 1940-1 Please complete and return the attached Form RD 1946-46, "Letter of Intent to Meet Conditions", if you desire that further consideration be given your application.  discontinuing processing of the application.  "Request for Obligation of Funds," is mailed to you.  Rural Development Asheboro Area Office 847 Curry Drive, Suite 104* Asheboro, NC 27205 Voice (336) 629-4449, Ext. 4. Fax2Mail 1-844-325-6822 USDAI is ane equal opportunity providera ande employer.  lyouv wish tof file a Civil Rightsp program complainl ofc discrimination, complete lhe USDA Program Discrimination Complaint Form (PDF). found online at htplwww. ascr.usda. govicomplaint filing cust. htm!, or ala any USDA office, or call (868) 632-9992 tor request the form. You may aiso write ai ieiter containing all ofu the information requested int the form. Send your completed complaint form or letter to us by mail at U.S. Depariment of Agriculture, Director, Offiçe of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at  program,i intake@usda.gov.    2  Ift the conditions set forth in this letter are not met within thirteen (13) months from the date hereof, RD reserves the right to discontinue processing the application.  PROJECT BUDGET  Funding from all sources has been budgeted for the estimated expenditures as follows:  ProjectCosts: Construction Legal Fees (Bond Counsel) Engineering Fees Basic Inspection ER Surveying Interest Project Contingency TOTAL  Total Budgeted: $2,314,245.00 12,903.00 264,316.00  $139,649.00 117,767.00 6,900.00  25,000.00 33,691.00 207,614.00 $2,857,769.00  GRANT AGREEMENT  Attached is a copy of a revised RUS Bulletin 1780-12, "Water and' Waste System Grant Agreement," for your review. The District will be required to execute the revised form  that includes the initial and subsequent grant amounts.  Sincerely,  Ame Haf Lynn Straughan Area Specialist Attachment Cc: Area Director Asheboro, NC    Revised 07/07/2003  AMENDMENT NO: 2015-31  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED byt the Stanly County Board of Commissioners that thet following amendment be made To amend the Greater Badin' Water & Sewer Fund 611, the expenditures are to be changed as follows:  to the annual budget ordinance for the fiscal year ending June 30, 2015:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED  FUND/DEPART ACCOUNT NUMBER 611.9800  ACCOUNT DESCRIPTION  AS  NUMBER  981.612 To Badin' Water Rehab Proj $ 25,064 $  105 $ 25,169  TOTALS  25,064 $  105 $ 25,169  This budget amendment is justified as follows: This willr resulti in a net increase  To amend the budget for transfer to Badin' Water Rehabilitation Project At toi increase the local contribution. budget. To provide the additional revenue for the above, thet following revenues will be increased. These revenues have already been received or are verified they willl be received int this fiscal year.  $  105 in expenditures and other financial use tot the County's annual  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 25,591 $  FUND/DEPART ACCOUNT NUMBER 611.3991  ACCOUNT DESCRIPTION  AS  NUMBER  990.100 Retained Earnings  105 $ 25,696 105 $ 25,696  TOTALS  25,591 $  SECTION2. Copies of this amendment shall be furnished to the Clerk oft the Board of Commissioners,  Budget Officer, and tot the Finance Director.  Adopted this_  day of  20_  Verified byt the Clerk oft the Board_ Bam Daus RevigwpdbyD Department Head AL  /27-/5 Date 127-15 Date Date  Posted by Journal No. Date  Reviewed by County Manager  1/27/2015 10:45AM  BA2015-31    Revised 10/19/2007  Stanly County Board of Commissioners  STANIY Meeting Date COUNIY Presenter:  February 2, 2015 Andy Lucas, County Manager ITEM' TOE BE CONSIDERED  4  Consent Agenda Regular Agenda  Joint Meeting with the School Board  The Stanly County School Board has requested a joint meeting with the Board ofCommissioners to review the School System's strategic plan, current and prior year performance data and proposed  operational efficiency plans.  The proposed dates for a meeting are below:  February 10 February 17  Thej preferred meeting time is during the evening hours.  Consider aj joint meeting with the Stanly County School Board and establish a meeting date and time  preference.  Signature: Date: 1/28/15  Andy Lucas  Dept Central Administration Attachments:  Yes Certification of Action Certified tol bea a true copy oft the action taken by the Stanly County Board of Commissioners on  X no  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Stanly County Board of Commissioners  Meeting Date: February 2, 2015 Presenter: Chairman Lowder  STANIN COUNIY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR L Lectern DVD JI Document Camera** Laptop*** *PCis equipped with' Windows XP and Microsoft Office) XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you! have need to uset the Document Camera and zoom into: a particular area, ifp possible please attachac copy oft the document with the area indicated  Please Provide al Brief Description ofyour Presentations format: that you need toz zoomi into. Al laser lighti is available top pinpoint your area ofp projection. *** You can! bring ins a laptopt that will allow video out to be connected: at the lectern- set display to 60Mhz.  for County Employees.  ITEMI TO BE CONSIDERED  CONSENT AGENDA  A. Minutes- - Regular meeting of January 20, 2015  B. Finance - Request acceptance of the Monthly Financial Report for Six Months Ended Cooperative Ext. - Request approval for budget amendment # 2015-29 D. Planning & Zoning - Request approval of the contract to administer the Abandoned Manufactured Home Ordinance for the Town of Red Cross E. E911 - Request approval of the interlocal agreement for the Regional Radio System Advisory  December 31, 2014  Council  Request approval of the above items as presented.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be at true of the action taken the copy County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  by Stanly  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    5A  STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES JANUARY2 20, 2015  COMMISSIONERS PRESENT:  Janet K. Lowder, Chairman Tony Dennis, Vice Chairman Peter Asciutto Joseph Burleson T.Scott Efird Bill Lawhon Gene Mcintyre None  COMMISSIONERS ABSENT: STAFF PRESENT:  Andy Lucas, County Manager Jenny Furr, County Attorney Tyler Brummitt, Clerk  CALLTOORDER  The Stanly County Board of Commissioners (the "Board") met in regular session on Tuesday, January 20, 2015 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons. Chairman Lowder called the meeting to order and Commissioner Lawhon gave the invocation and led the  pledge of allegiance.  APPAOVAL/ADIUSTIMENS TO THE. AGENDA  With no amendments to the agenda, Vice Chairman Dennis moved to approve the agenda as presented. His motion was seconded by Commissioner Asciutto and passed by unanimous  vote.  TEM#1-HEALTH DEPARTMENT- - BUDGET AMENDMENT # 2015-28  Presenter: Dennis Joyner, Health Director  Due to a marked increase in the number of both Home Health admissions and therapy visits from the previous year, Board approval was requested to appropriate $40,000 from the Home Health Fund Balance to the Health Department's budget for FY 2014-15. Medicare and Medicaid are expected to cover these costs, but the funds are needed now in order to make the necessary contract adjustments for the therapists and assistants who provide these services.  Page 10 of4    By motion, Commissioner Dennis moved to approve budget amendment # 2015-28 as requested and was seconded by Commissioner Asciutto. Motion carried witha7-Ovote.  ITEM#2-FARM SERVICES AGENCY NOMINEE RECOMMENDATIONS  Presenter: Andy Lucas, County Manager  The Stanly County Farm Services Agency sought the Board's input in recommending a nominee(s) to their County Advisory Committee. The nominees provided by the Board will be submitted to the statewide farm services agency who in turn will appoint the new advisor(s) for  Stanly County.  Commissioner Lawhon recommended Ms. Doris Herlocker of Herlocker Farms for appointment  and Chairman Lowder submitted the name of Mr. Christopher Carrothers. Board consensus was to submit both names as nominees fori the position. TEM#3-STANLY COUNTY FIBER ASSESSMENT MEETING Presenter: Andy Lucas, County Manager  The previous Board directed staff to proceed with the development of an RFP to better define the cost of a proposed fiber build to connect the County's new emergency radio system tower sites in Locust, Albemarle and Locust with MCNC's fiber network in Midland. The RFP is almost complete and ready to be put out for bids. However, staff recommended the Board hold a special meeting in order to educate the new Board on the fiber project before proceeding. Based on the dates proposed for the meeting, Board consensus was to schedule a special meeting for Monday, February2, 2015 at 10:00 a.m. in the Manager's Conference Room.  TEM#4-CONSENT AGENDA Presenter: Chairman Lowder  A. Minutes - Regular meeting of. January 5, 2015  B. Finance - Request approval of the December 2014 refund report from the NC Vehicle Tax  System  Sheriff's Office - Request approval of budget amendments # 2015-25 D. Health Dept. - Request approval of budget amendment # 2015-27  By motion, Commissioner Dennis moved to return to approve the above items as presented and was seconded by Commissioner Asciutto. Motion passed by unanimous vote.  PUBLIC COMMENT - None  Page2of4    GENERAL COMMENTS & ANNOUNCEMENTS  Commissioner Efird stated that he had the opportunity to attend the Martin Luther King Breakfast the previous weekend where Lieutenant Orlando D. Lilly of the Baltimore County Police Department was the guest speaker. Lieutenant Lilly also noted the absence of youth at the breakfast and reiterated the need to get them more involved in the community.  Chairman Lowder echoed Mr. Efird's comments regarding thel breakfast and the need for more  youth involvement.  Commissioner Asciutto mentioned the town hall luncheon with the commissioners sponsored by the Senior Center on February 17th. He also attended the Martin Luther King breakfast, a joint meeting with the school board that Commissioner Mcintyre and Commissioner Burleson had participated in as well and the Legislative Goals Conference the previous week.  Commissioner Lawhon stated he had attended the Essentials of County Government course as well stating the he enjoyed the class and had received a better understanding of county government. He then noted the EDC meetingscheduled for. January 27"h at6p.m.  Commissioner Dennis and Chairman Lowder wished the County Manager a belated happy  birthday. CLOSED SESSION  Commissioner Efird moved to recess the meeting into closed session to discuss a real estate transaction in accordance with G. S. 143-318.11(a)5) and a personnel issue in accordance with G.S. 143-318.11a)6). The motion was seconded by Commissioner Asciutto and carried by  unanimous vote at 7:28 p.m. ANNOUNCEMENTS action:  Upon returning to open session, Chairman Lowder presented the following items for Board 1. To allow the Health Department to hire a Dentist I position outside of the current pay By motion, Commissioner Efird moved to approve and was seconded by Commissioner 2. To approve the County Manager's receipt of merit pay in the amount of $1,500. Commissioner Dennis moved to approve and was seconded by Commissioner Mcintyre.  range.  Mcintyre. Motion passed by unanimous vote.  Motion carried with a6-Ovote.  Page 3of4    3. Toa approve the acceptance of the Guard Road property from the state by reverter in "as Commissioner Dennis moved to accept the property by reverter "as is" and was  is"condition.  seconded by Commissioner Efird. Motion passed unanimously.  ADJOURN  There being no further discussion, Commissioner Efird moved to adjourn the meeting and was  seconded by Commissioner Mcintyre. Motion carried at 8:20 p.m.  Janet K. Lowder, Chairman  Tyler Brummitt, Clerk  Page 4 of4    5B  STANLY COUNTY NORTH CAROLINA  MONTHLY  FINANCIAL REPORT  For Six Months Ended December 31, 2014  GREAT  SEAL 222 OF  ALUMINUM  AGRICULTURE.  TEXTILES 00D STANLYO COUNTY,  Prepared and Issued by:  Stanly County Finance Department    STANLY COUNTY, NORTH CAROLINA FISCAL YEAR 2014-2015  Page  MONTHLY FINANCIAL REPORTS  General Fund:  Revenue and Expense Graphic - Comparative FY 2014 with FY2 2015 Revenue Graphic by Source - Comparative FY2014 with FY 2015 Revenue Graphic by Source - Compared to Amended Budget 2015 Expense Graphic by Function - Comparative FY 2014 with FY 2015 Expense Graphic by Function - Compared to Amended Budget 2015  1 2 3 4 5 6-9 10-13 14 15 16  All Fund Financial Information:  Financial information - All Operating Funds Financial information - Project Funds Comparative Cash Position - Five years  General Fund: Investment Report General Fund:  Fund Balance Calculation    General Fund Revenues and Expenses Actual VS Budget Fiscal Year 2015  70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000  CY Revenues Budget, $57,251,338  CYE Expenses Budget, $57,251,338  YTD Revenues Actual, $34,839,619  Prior Year Actual, $33,133,871  YTDI Expenses Actual, Prior YearA Actual, $26,635,284  $25,195,503  aCY Revenues Budget OCY Expenses Budget  aYTD Revenues Actual AYTDE Expenses Actual  Prior) Year Actual OPrior) Year Actual  Page 1    Stanly County General Fund Revenues by Source For the Six Months Ended December 31, 2014 with Comparative December 31, 2013  REVENUES: Ad Valorem Taxes Sales Taxes Other Taxes Restricted Intergovernmental Licenses and Permits Sales and Services Investment Earnings Miscellaneous Totals  11/30/14 2,517,481.70 229,265.17 3,940,940.50 329,586.17 4,009,781.51 35,484.52 382,768.82  11/30/13 2,377,515.30 207,592.45 3,656,911.85 321,029.92 3,541,876.04 35,609.10 394,425.06  Variance 795,398.49 139,966.40 21,672.72 284,028.65 8,556.25 467,905.47 (124.58) (11,656.24)  Percent 103.52% 105.89% 110.44% 107.77% 102.67% 113.21% 99.65% 97.04% 105.15%  23,394,310.17 $ 22,598,911.68 $  : 34,839,618.56 $ 33,133,871.40 $ 1,705,747.16  $25,000,000 $20,000,000  $15,000,000 $10,000,000  $5,000,000  .  - /  17  011/30/14  011/30/13  Page 2    Stanly County  General Fund Budget by Source Compared to Actual Revenues Fort the Six Months Ended December 31, 2014  REVENUES: Ad' Valorem Taxes Sales Taxes Other Taxes Restricted Intergovernmenta Licenses and Permits Sales and Services Investment Earnings Miscellaneous Fund Balance Appropriated Totals  Amended Budget 7,030,000.00 513,500.00 9,876,257.00 728,450.00 7,252,847.00 90,000.00 647,368.00 1,776,556.00  Actual Over/(Under) (4,512,518.30) (284,234.83) (5,935,316.50) (398,863.83) (3,243,065.49) (54,515.48) (264,599.18) (1,776,556.00)  Percent Collected 79.75% 35.81% 44.65% 39.90% 45.24% 55.29% 39.43% 59.13% 0.00% 60.85%  Actual 2,517,481.70 229,265.17 3,940,940.50 329,586.17 4,009,781.51 35,484.52 382,768.82  $ 29,336,360.00 $ 23,394,310.17 $ (5,942,049.83)  57,251,338.00 $ 34,839,618.56 $ 22,411,719.44)  $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000  $-  -  $(5,000,000) $(10,000,000)  14 &  Sm  Budget DActual 0Over/(Under)  3  Page 3    Stanly County General Fund Expenses Fort the Six Months Ended December31,; 2014 with Comparative December 31, 2013 $ 2,340,602.74 $ 2,216,543.58 $  EXPENSES: General Government Public Safety Transportation Environmental Protection Economic and Physical Development Human Services Education Culture and Recreation Debt Service Special Appropriations Transfers and Contingency Totals  11/30/14 6,661,953.83 464,267.09 529,653.89 929,383.21 7,266,774.11 6,659,352.53 693,938.24 614,850.95 25,000.00 449,507.77  11/30/13 6,223,103.85 494,732.36 509,824.51 559,009.90 7,116,125.84 6,603,598.00 656,657.94 646,173.82 25,000.00 144.733.50  Variance 124,059.16 438,849.98 (30,465.27) 19,829.38 370,373.31 150,648.27 55,754.53 37,280.30 (31,322.87) 304.774.27  Percent 105.60% 107.05% 93.84% 103.89% 166.26% 102.12% 100.84% 105.68% 95.15% 100.00% 310.58% 105.71%  26,635,284.36 $ 25,195,503.30 $ 1,439,781.06  $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000  a11/30/14 a11/30/13  Page 4    Stanly County  General Fund Budget by Function Compared to Actual Expenses For the Six Months Ended December 31, 2014  EXPENSES: General Government Public Safety Transportation Environmental Protection Economic and Physical Development Human Services Education Culture & Recreation Debt Service Special Appropriations Transfers & Contingency Totals $20,000,000  Amended Budget 12,596,972.00 1,041,314.00 1,170,726.00 1,792,686.00 16,193,828.00 14,229,834.00 1,535,823.00 2,790,946.00 25,000.00 895.294.00  Percent Expended 50.09% 53.92% 49.88% 45.96% 52.86% 48.29% 46.80% 47.70% 22.03% 100.00% 50.21% 48.20%  Actual 6,661,953.83 464,267.09 529,653.89 929,383.21 7,266,774.11 6,659,352.53 693,938.24 614,850.95 25,000.00 449,507.77  Over/(Under) (5,804,631.98) (521,874.06) (632,680.17) (845,132.11) (8,373,499.72) (7,570,481.47) (803,222.04) (2,176,095.05) (445.786.23)  $ 4,978,915.00 $ 2,340,602.74 $ (2,485,109.18)  57,251,338.00 $ 26,635,284.36 $ (29,658,512.01)  $15,000,000  $10,000,000  $5,000,000  $(5,000,000)  Ae Over/(Under)  $(10,000,000)  Budget  Actual  Page 5    Stanly County Comparative Monthly Financiall Report For the Six Months Ended December: 31, 2014  UNCOLLECTED REVENUE OR  LAST  AMENDED  *Y-T-D  APPROPRIATIONS COLLECTED YEAR'SY-T-D  BUDGET TRANSACTIONS REMAINING OREXPENDED TRANSACTIONS 29,336,360.00 $ 23,394,310.17 $ 5,942,049.83 79.75% $ 22,598,911.68  GENERAL FUND1 110 REVENUES: Depart 3100- Ad Valorem Taxes Depart 3200- Other Taxes Depart 3320- State Shared Revenue Depart 3323- Court Depart 3330- intergovt Chgf for Services Depart 3340- Building Permits Depart 3347- Register of Deeds Depart 3414- Tax And Revaluation Depart: 3417- Election Fees Depart 3431- Sheriff Depart 3432- Jail Depart 3433- Emergency Services Depart 3434- FIRE Depart 3437- EMS-Ambulance Depart: 3439- Emergency 911 Depart 3450- Transportation Depart 3471- Solid Waste Depart 3490- Central Permitting Depart 3491- Planning and Zoning Depart 3492- Rocky River RPO Depart: 3494- EDC Depart 3495- Cooperative Extension Depart 3500- Health! Department Depart 3523- Juvenile. Justice Depart 3530- Social Services Depart 3538- Senior Services Depart 3586- Aging Services Depart 3587- Veteran Service Depart 3611- Stanly County Library Depart 3613- Recreation! Plan Depart 3614- Historical Preservation Depart: 3616- Civic Center Depart 3831- Investments Depart: 3834- Rent Income Depart 3835- Sale of Surplus Property Depart 3838- Loan Proceeds Depart 3839- Misoellaneous Depart 3980- Transfer From Other Funds Depart 3991- Fund Balance GENERAL FUND 110 EXPENSES: Depart 4110- Governing Body Depart 4120- Administration Depart 4130- Finance Depart 4141- Tax Assessor Depart 4143- Tax Revaluation Depart 4155- Attorney Depart 4160- Clerk Depart 4163- Judge's Office Depart 4164- District Attorney Depart 4170- Elections Depart 4180- Register of Deeds Depart 4210- Info Technology Depart 4260- Facilities Management  7,543,500.00 2,746,746.87 737,252.00 110,000.00 165,000.00 378,707.00 275,750.00 1,620.00 650.00 588,481.00 179,275.00 121,707.00 10,000.00 2,310,000.00 1,169,376.24 2,165.00 876,938.00 965,000.00 10,000.00 91,800.00 115,618.00 41,574.00 3,735,159.00 103,270.00 6,457,912.00 2,489,335.02 140,080.00 631,176.00 155,700.00 50,000.00 90,000.00 224,267.00 15,000.00 350,608.00 1,436,769.00 57,251,338.00 34,839,618.56 225,284.00 403,043.00 429,170.00 809,607.00 348,646.00 156,750.00 10,252.00 6,050.00 497,556.00 321,356.00 653,087.00 1,118,114.00 4,978,915.00 2,340,602.74  4,796,753.13 36.41% 433,765.47 41.16% 55,441.73 49.60% 26,365.50 84.02% 204,869.47 45.90% 146,407.46 46.91% 267.93 83.46% 259.50 60.08% 109,231.28 81.44% 130,753.47 27.07% 108,633.99 10.74% 5,700.00 1,140,623.76 50.62% 1,538.91 449,317.48 48.76% 234,199.07 75.73% 5,338.52 46.61% 70,064.75 23.68% 67,640.00 41.50% 14,193.87 65.86% 2,039,280.99 45.40% 44,527.00 56.88% 3,968,576.98 38.55% 68,619.95 51.01% 407,866.54 35.38% 83,575.78 46.32% 28,167.35 43.67% 54,515.48 39.43% 111,723.32 50.18% (4,398.22) 129.32% 229,080.15 34.66% 1,436,769.00 22,411,719.44 60.85% 121,588.50 46.03% 202,056.44 49.87% 233,163.56 45.67% 429,360.72 46.97% 169,688.91 51.33% 80,196.85 48.84% 4,493.53 56.17% 1,148.62 81.01% 185,757.87 62.67% 193,481.26 39.79% 308,722.98 52.73% 555,449.94 50.32% 2,485,109.18 50.09%  2,585,107.75 338,361.96 49,720.41 133,625.75 161,994.17 130,373.11 1,417.00 54,265.70 295,241.15 89,513.43 13,073.01 977,424.95 348.31 407,736.17 705,533.66 4,250.17 31,597.41 44,936.00 18,556.41 1,432,325.10 46,386.00 2,369,504.75 64,449.06 240,267.98 70,341.86 21,195.75 35,609.10 105,270.39 3,068.35 103,464.86 33,133,871.40 99,792.53 194,204.80 204,659.54 390,412.03 152,098.66 74,150.08 2,968.36 374.62 176,050.17 127,560.25 336,362.95 457,909.59 2,216,543.58  303,486.53 54,558.27 138,634.50 173,837.53 129,342.54 1,352.07 390.50 479,249.72 48,521.53 13,073.01 4,300.00 626.09 427,620.52 730,800.93 4,661.48 21,735.25 47,978.00 27,380.13 1,695,878.01 58,743.00 71,460.05 223,309.46 72,124.22 21,832.65 35,484.52 112,543.68 19,398.22 121,527.85  N/A N/A  N/A  NIA N/A N/A N/A NIA N/A  TOTAL REVENUES  103,695.50 200,986.56 196,006.44 380,246.28 178,945.18 76,553.15 4,965.47 2,305.38 216,265.04 127,545.74 343,806.39 509,281.61  N/A  Total General Government  Y-T-D Transactions column does noti include encumbrances.  Page 6    Stanly County Comparative Monthly Financial Report Fort the Six Months Ended December: 31, 2014  UNCOLLECTED REVENUE OR  %  LAST  AMENDED 6,746,469.00 3,588,208.26 192,570.00 3,807,103.00 2,023,422.01 316,258.00 25,000.00 424,603.00 1,084,969.00 12,596,972.00 6,661,953.83 1,041,314.00 990,944.00 85,925.00 93,857.00 1,170,726.00 745,297.00 172,500.00 289,264.00 192,695.00 115,618.00 277,312.00 1,792,686.00 5,061,307.00 2,438,437.99 204,160.00 9,482,194.00 4,113,752.30 1,005,158.00 379,133.00 61,876.00 16,193,828.00 7,266,774.11 12,732,336.00 5,924,062.18 1,497,498.00 14,229,834.00 6,659,352.53 1,224,028.00 311,795.00 1,535,823.00 25,000.00 2,790,946.00 735,294.00 160,000.00 895,294.00 57,251,338.00 26,635,284.36  *Y-T-D 107,271.31 162,652.38 9,200.00 222,925.54 548,274.33 464,267.09 448,333.08 34,207.46 47,113.35 529,653.89 477,380.32 88,928.89 127,416.54 83,045.82 56,413.28 96,198.36 929,383.21 101,317.82 410,350.32 171,425.34 31,490.34 735,290.35 547,456.11 146,482.13 693,938.24 25,000.00 614,850.95 449,507.77 449,507.77  APPROPRIATIONS COLLECTED YEAR'SY-T-D  BUDGET TRANSACTIONS REMAINING OREXPENDED TRANSACTIONS  Depart 4310- Sheriff Depart 4321- Juvenile. Justice Depart 4325 Criminal. Justice Partnership Deptart 4326 JCPC Depart 4330- Emergency Services Depart 4350- Inspections Depart 4360- Medical Examiner Depart 4380- Animal Control Depart 4395- 911 Emergency Depart 4540- Total Transportation Depart 4710- Solid Waste Depart 4750- Fire Forester Depart 4960- Soil8 &V Water Conservation Depart 4902- Economic Development Depart 4905- Occupancy Tax Depart 4910- Planning andz Zoning Depart 4911- Central Permitting Depart 4912- Rocky River RPO Depart 4950- Cooperative Extension Depart5 5100- Health! Department Depart 5210- Piedmont Mental Health Depart 5300- Dept of Social Services Depart5 5380- Aging Services Depart 5381- Senior Center Depart 5820- Veterans Depart 5910- Stanly BOE Depart 5920- Stanly Community College Depart6110- Stanly Library Depart6160- Agri Center  3,076,273.65 54.40% 85,298.69 55.71% 1,758,414.37 53.81% 153,605.62 51.43% 15,800.00 36.80% 188,502.46 55.61% 526,737.19 51.45% 5,804,631.98 53.92% 521,874.06 49.88% 534,218.98 46.09% 51,717.54 39.81% 46,743.65 50.20% 632,680.17 45.96% 267,916.68 64.05% 83,571.11 51.55% 143,676.78 50.33% 109,649.18 43.10% 59,204.72 48.79% 181,113.64 34.69% 845,132.11 52.86% 2,290,738.89 54.74% 102,842.18 49.63% 5,319,762.98 43.90% 429,689.79 57.25% 200,320.22 47.16% 30,145.66 51.28% 8,373,499.72 48.29% 6,808,273.82 46.53% 762,207.65 49.10% 7,570,481.47 46.80% 642,471.39 47.51% 160,750.65 48.44% 803,222.04 47.70% 2,176,095.05 22.03% 285,786.23 61.13% 160,000.00 0.00% 445,786.23 50.21% 29,658,512.01 48.20%  3,328,280.21 91,790.09 1,940,084.38 177,953.51 9,150.00 139,075.07 536,770.59 6,223,103.85 494,732.36 427,191.46 29,137.89 53,495.16 509,824.51 138,690.51 62,066.33 125,196.09 84,603.98 53,268.48 95,184.51 559,009.90 2,334,488.31 99,380.08 4,084,155.26 386,693.12 181,321.58 30,087.49 7,116,125.84 5,873,762.95 729,835.05 6,603,598.00 534,964.11 121,693.83 656,657.94 25,000.00 646,173.82 144,733.50 144,733.50 25,195,503.30 $ 7,938,368.10  NIA NIA  Total Public Safety  Total Environmental Protection  Total Economic Development  Total Human Services Total Education  Total Culture and Recreation  Depart 9000- Total Special Appropriations Depart 9100- Total Debt Service Depart 9800- Transfers Depart 9910- Contingency  100.00%  Total Transfers and Contingency TOTALE EXPENSES OVER (UNDER/REVENUES  $ 8,204,334.20 $ (7,246,792.57)  N/A  Page 7    Stanly County Comparative Monthly Financial Repori Fort the Six Months Ended December: 31, 2014  UNCOLLECTED REVENUE OR  LAST  AMENDED  *Y-T-D  APPROPRIATIONS COLLECTED YEAR'SY-T-D  BUDGET TRANSACTIONS REMAINING OREXPENDED. TRANSACTIONS 287,863.00 $ 119,942.85 $ 167,920.15 41.67% $ 290,156.69  EMERGENCY TELEPHONE E-911 260 REVENUES: Depart 3439- Surcharge Depart 3831- Investment Earnings Depart 3991- Fund Balance EXPENSES: Depart 4396- E-911 Operations  285.21 120,228.06 147,680.37 147,680.37 (27,452.31) $  (285.21) 134,286.00 301,920.94 28.48% 257,101.69 39.10% 257,101.69 39.10% 44,819.25  N/A N/A  298.60 290,455.29 317,508.71 317,508.71 (27,053.42)  134,286.00 422,149.00 422,149.00 422,149.00  TOTAL REVENUES TOTAL EXPENSES OVER( (UNDER) REVENUES  N/A  FIRE DISTRICTS: 295 REVENUES: Depart3100- Ad' Valorem Taxes EXPENSES: Depart4 4100- Comm 1.59 % Admin Depart 4340- Fire Service  2,299,604.00 $ 1,792,404.42 $ 507,199.58 77.94% $ 1,583,800.95  TOTAL REVENUES  2,299,604.00 1,792,404.42 27,500.00 2,272,104.00 1,402,933.96 2,299,604.00 1,430,463.64  507,199.58 77.94% (29.68) 100.11% 869,170.04 61.75% 869,140.36 62.20%  1,583,800.95 22,455.14 1,274,960.57 1,297,415.71 286,385.24  27,529.68  TOTAL EXPENSES OVER (UNDER) REVENUES  361,940.78 $ (361,940.78)  N/A  GREATER BADIN OPERATING 611 REVENUES: Depart 3710- Operating Revenues Depart 3991- Fund Balance Appropriated EXPENSES: Depart7 7110- Administration Depart7 7120- Operations Depart 9800- Tranfer to Other Funds  425,427.00 $ 214,640.24 $ 210,786.76 50.45% $ 193,319.79  25,064.00 450,491.00 90,400.00 335,027.00 25,064.00 450,491.00  25,064.00 235,850.76 47.65% 55,886.84 38.18% 131,117.40 60.86% 25,064.00 0.00% 212,068.24 52.93% 23,782.52  N/A  TOTAL REVENUES  214,640.24 34,513.16 200,352.50 234,865.66 (20,225.42) $  193,319.79 32,824.50 181,105.60 213,930.10 9 (20,610.31)  TOTALE EXPENSES OVER (UNDER) REVENUES  N/A  PINEY POINT OPERATING 621 REVENUES: Depart3710- Operating Revenues EXPENSES: Depart 7110- Administration Depart 7120- Operations  9 133,700.00 $ 65,331.72 $ 133,700.00 75,000.00 58,700.00 133,700.00  68,368.28 48.86% $ 62,797.55 68,368.28 48.86% 37,500.00 50.00% 35,505.84 39.51% 73,005.84 45.40% (4,637.56) N/A  TOTAL REVENUES  65,331.72 37,500.00 23,194.16 60,694.16 4,637.56 $  62,797.55 37,500.00 18,287.41 55,787.41 $ 7,010.14  TOTAL EXPENSES OVER (UNDER) REVENUES  Page 8    Stanly County Comparative! Monthly! Financial Report Fort the Six Months Ended December: 31, 2014  UNCOLLECTED REVENUEOR  %  LAST  AMENDED  *Y-T-D  APPROPRIATIONS COLLECTED YEAR'SY-T-D  BUDGET TRANSACTIONS REMAINING ORE EXPENDED TRANSACTIONS  WESTSTANLYWWTP6S1 REVENUES: Depart 3710- Grants Depart 3712- Operating Revenues Depart 3980- Transfer From Other Funds EXPENSES: Depart 7110- Administration Depart 7120- Operations Depart 9800- Transfers  $ 479,000.00 85,000.00 564,000.00 267,000.00 297,000.00 564,000.00  $ 263,227.02 263,227.02 156,250.00 166,015.29 322,265.29 (59,038.27) $  N/A $ N/A  215,772.98 54.95% 85,000.00 300,772.98 46.67% 110,750.00 58.52% 128,284.71 56.81% 239,034.71 57.62% 61,738.27  TOTAL REVENUES  N/A N/A NIA  TOTALE EXPENSES OVER (UNDER/REVENUES  STANLYCOUNTYUTILITY641 REVENUES: Depart 3710- Grants Depart 3712- Operating Revenues EXPENSES: Depart7110- Administration Depart7120- Operations  2,697,327.00 1,494,144.01 2,697,327.00 1,494,144.01 401,685.00 2,295,642.00 1,344,789.76 2,697,327.00 1,547,866.81  1,203,182.99 55.39% 1,203,182.99 55.39% 197,887.95 50.74% 941,950.05 58.97% 1,139,838.00 57.74% 63,344.99  1,164,217.43 1,164,217.43 195,896.65 999,292.43 1,195,189.08 (30,971.65)  TOTAL REVENUES  203,077.05 (53,722.80) $  TOTALI EXPENSES OVER (UNDER)R REVENUES  NIA  AIRPORT OPERATING FUND6 671 REVENUES: Depart 3453- Airport Operating Depart 3980- Transfer from General Fund EXPENSES: Depart 4530- Airport Operating  606,550.00 $ 240,331.14 $ 366,218.86 39.62% $ 230,194.61  245,294.00 851,844.00 851,844.00 851,844.00  122,647.00 362,978.14 374,332.66 374,332.66 (11,354.52) $  122,647.00 50.00% 488,865.86 42.61% 464,772.95 45.44% 464,772.95 45.44% 24,092.91  144,733.50 374,928.11 372,588.10 372,588.10 2,340.01 2,263,735.38 471,156.19 2,734,891.57 2,089,520.48 559,721.40 2,649,241.88 85,649.69  TOTAL REVENUES TOTALI EXPENSES OVER (UNDER) REVENUES  N/A  GROUP HEALTH& WORKERS' COMPENSATION 680 REVENUES: Depart 3428- Group! Health Fees Depart 3430- Workers Compensation EXPENSES: Depart 4200- Grouph Health Costs Depart 4220- Workers Compensation  5,265,763.00 $ 2,504,198.09 $ 2,761,564.91 47.56%  499,742.00 5,765,505.00 2,998,056.03 499,742.00 5,765,505.00 3,026,508.35  493,857.94  5,884.06_ 98.82% 2,767,448.97 52.00% (81,037.79) 116.22% 2,738,996.65 52.49% 28,452.32  TOTAL REVENUES  5,265,763.00 2,445,728.56 $ 2,820,034.44 46.45%  580,779.79 (28,452.32) $  TOTALE EXPENSES OVER( (UNDER) REVENUES  NIA  Pages    Stanly County Comparative Monthly Financial Report ProjectF Funds Fort thes Six Months Ended December 31, 2014  PROJECT AMOUNT REMAINING  PROJECT AUTHORIZATION TODATE 3,092,000.00 $ 3,092. 000.00 $ 3,092,000.00 3,092,000.00 3,092,000.00  PROJECT  Tarheel Challenge Academy 212 REVENUES: Depart 3590- Education EXPENSES: Depart 5910- Public Schools  TOTALREVENUES TOTALI EXPENSES OVER( (UNDER) REVENUES TOTALI REVENUES TOTAL EXPENSES OVER(UNDER)! REVENUES TOTALREVENUES TOTAL EXPENSES OVER( (UNDER) REVENUES TOTAL REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES  3,092,000.00 430,235.94 2,661,764.06 430,235.94 2,661,764.06 2,661,764.06 $ (2,661,764.06)  Emergency! Radlo SystemF Project2 213 REVENUES: Depart 3980- Transfer From Other Funds EXPENSES: Depart4 4396- 911 Operations  7,502,941.00 $ 8,384.793.97 $ (881,852.97)  7,502,941.00 7,502,941.00 7,502,941.00  8,384,793.97 7,476,886.80 7,476,886.80 907,907.17 $ (907,907.17)  (881,852.97) 26,054.20 26,054.20  Stanly Community College Cosemetology Project2 214 REVENUES: Depart 3590- Education EXPENSES:  $ 15,750.00 $ 15.750.00 15,750.00 15,750.00  9 15,750.00 15,750.00 198.42 198.42 75,000.00 75,000.00 75,000.00 75,000.00  Depart 5920- Stanly Community College  15,551.58 15,551.58 (15,551.58) $ 15,551.58  Livestock Arena Construction Project2 215 REVENUES: Depart 3980- Transfer from Other Funds EXPENSES: Depart6160- Agri-Civic Center  75,000.00 $ 75,000.00 75,000.00 75,000.00  COMMUNITYGRANT (Single Family): 254 REVENUES: Depart 3493- Grant EXPENSES: Depart4 4930- CDBG- Single Family  193,087.00 $ 240,785.74 $ (47,698.74)  TOTAL REVENUES TOTALE EXPENSES OVER(UNDER) REVENUES  193,087.00 193,087.00 193,087.00  240,785.74 225,332.12 225,332.12 15,453.62 $ (15,453.62)  (47,698.74) (32.245.12) (32,245.12)  Page 10    Stanly County Comparativel Monthly Financial Report ProjectF Funds Fort the Six Months Ended December 31,2 2014  PROJECT AMOUNT REMAINING (205.94) (205.94) 8,448.53 8,448.53  PROJECT AUTHORIZATION  PROJECT TODATE  COMMUNITY GRANT (Urgent Repair Program) 255 REVENUES: Depart3 3493- Grant Depart 3831- Investment Earning EXPENSES: Depart4 4930- CDBG- Single Family  $ 75,000.00 $ 75,000.00 75,000.00 75,000.00 75,000.00  205.94 75,205.94 66,551.47 66,551.47 8,654.47 $ (8,654.47)  TOTAL REVENUES TOTAL EXPENSES OVER( (UNDER) REVENUES TOTALREVENUES TOTALI EXPENSES OVER (UNDER) REVENUES  COMMUNITY GRANT (2011 Infrastructure): 256 REVENUES: Depart 3493- Grant EXPENSES: Depart4 4930- CDBG- SingleFamily  $ 75,000.00 $ 75,000.00 $ 75,000.00 75,000.00 75,000.00  75,000.00 75,000.00 75,000.00  COMMUNITY GRANT (2012 CDBG Scattered Site): 257 REVENUES: Depart 3493- Grant EXPENSES: Depart4 4930- CDBG- Single Family  $ 225,000.00 $ 49,329.87 $ 175,670.13  TOTALREVENUES TOTAL EXPENSES OVER (UNDER) REVENUES  225,000.00 225,000.00 225,000.00  49,329.87 52,579.37 52,579.37 (3,249.50) $ 3,249.50  175,670.13 172,420.63 172,420.63  COMMUNITY GRANT (2013 Urgent Repair Grant): 258 REVENUES: Depart3 3493- Grant Depart3 3831- Investment Earning EXPENSES: Depart4 4930- CDBG- Single Family  $ 75,000.00 $ 37,500.00 75,000.00 75,000.00 75,000.00 100,000.00 100,000.00 100.000.00 100,000.00  37,500.00 (98.33) 37,401.67 10,600.00 10,600.00 49,971.88 49.971.88 100,000.00 100,000.00  98.33 37,598.33 64,400.00 64.400.00 (26,801.67) $ 26,801.67 50,028.12 50,028.12  TOTAL REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES TOTAL REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES  COMMUNITY GRANT (2014 Urgent Repair Grant) 259 REVENUES: Depart3 3493- Grant EXPENSES: Depart 4930- CDBG- Single Family  50,028.12 $ (50,028.12)  Page 11    Stanly County Comparative Monthly Financial Report Project Funds Fort thes Six Months Ended December: 31,2 2014  PROJECT AMOUNT REMAINING 2,723,600.00 25,064.00 2.748,664.00  PROJECT AUTHORIZATION 2,723,600.00 $ 25,064.00 2,748,664.00 2,748,664.00 2,748,664.00  PROJECT TODATE  Badin Water Rehab PartA A612 REVENUES: Depart3 3710- Water & Sewer Depart 3980- Transfer EXPENSES: Depart? 7120- Water Systems  TOTALF REVENUES TOTALI EXPENSES OVER (UNDER) REVENUES TOTAL REVENUES TOTAL EXPENSES OVER (UNDER) REVENUES  2,207.93 $ 2,746,456.07 2,207.93 2,746,456.07 (2,207.93) $ 2,207.93  Badin Water Rehab PartE B613 REVENUES: Depart3 3710- Water & Sewer EXPENSES: Depart7 7120- Water Systems  5,165,924.00 $ 5,165,924.00 5,165,924.00 5,165,924.00  5,165,924.00 5,165,924.00 472.00 $ 5,165,452.00 472.00 5,165,452.00 (472.00) 156,500.00 156,500.00 159,673.63 $ 1,496,826.37 159,673.63 1,496,826.37 (3,173.63) $ 3,173.63  472.00 1,500,000.00 1,500,000.00  UTILTIY HWY 200 WATERPROJECT 656 REVENUES: Depart 3720- Commercial Loan Depart3 3980- Transfer EXPENSES: Depart7 7120- Water Systems  1,500,000.00 $ 156,500.00 1,656,500.00 1,656,500.00 1,656,500.00  TOTAL REVENUES TOTAL EXPENSES OVER( (UNDER) REVENUES TOTAL REVENUES TOTALI EXPENSES OVER (UNDER) REVENUES TOTALREVENUES TOTALE EXPENSES OVER( (UNDER)REVENUES  CARRIKER ROADWATERI EXTN PROJECTE 658 REVENUES: Depart 3980- Transfer EXPENSES: Depart7120- Water Systems  223,065.00 $ 20,493.40 $ 202,571.60  223,065.00 223,065.00 223,065.00  20,493.40 189,518.54 $ 33,546.46 189,518.54 (169,025.14)  202,571.60 33,546.46 169,025.14 69,134.00 69,134.00 69,134.00 69,134.00  Cottonville Rdv Waterline Relocate 659 REVENUES: Depart 3710- Water & Sewer EXPENSES: Depart7 7120- Water Systems  $ 69,134.00 $ 69,134.00 69,134.00 69,134.00  Page 12    Stanly County Comparativel Monthly Financial Report Project Funds Fort thes Six Months Ended December 31, 2014  PROJECT AMOUNT REMAINING 60,589.44 753,032.79 751,703.04 751.703.04  PROJECT AUTHORIZATION 296,000.00 1.327,223.00 1,327,223.00 1,327,223.00  PROJECT TODATE 235,410.56 574,190.21 575,519.96 575,519.96 (1,329.75) $ 1,329.75 9,505.47 80,208.78 115,663.69 115,663.69 (35,454.91) $ 35,454.91  AIRPORT RUNWAY EXTNI DESIGNF PROJECT676 REVENUES: Depart 3453- Grants Depart3 3980- Transfer from Other Funds EXPENSES: Depart4 4531- Terminal Improvement  1,031,223.00 $ 338,779.65 $ 692,443.35  TOTALF REVENUES TOTALE EXPENSES OVER (UNDER)F REVENUES  AWOS&ILS UPGRADEI PROJECT 679 REVENUES: Depart3 3453- Grants Depart3 3980- Transferf from Other Funds EXPENSES: Depart 4530- AwOSaILSUpgrade  112,500.00 $ 70,703.31 $ 41,796.69  12,500.00 125,000.00 125,000.00 125,000.00  2,994.53 44,791.22 9,336.31 9,336.31  TOTAL REVENUES TOTAL EXPENSES OVER( (UNDER)REVENUES  Page 13    Stanly County Comparative Cash Position Report December 31, 2014 Compared with December 31,2013  Current 12/31/2014 2,661,764.06 907,907.17 (15,551.58) 15,453.62 8,654.47 (3,249.50) (26,801.67) 50,028.12 237,170.87 362,027.12 263,286.36 (2,207.93) (472.00) 234,659.99 (111,111.40) 932,810.47 (3,173.63) (169,025.14) 30,962.81 (1,329.75) (35,454.91) 3,231,615.76 2,938.80 270.11 1,257,178.54  Prior 12/30/2013 1,545,880.22  Increase (Decrease) 1,115,883.84 907,907.17 (15,551.58) 14,748.54 (21,511.71) 23,626.41 1,298.05 (64,325.14) 50,028.12 6,994.39 75,643.93 (931.97) (2,207.93) (472.00) 12,206.93 (111,111.40) 178,951.27 (169,025.14) (1,123.06) 236,941.25 (176,374.85) 6,651.00 544,801.24 (55.80) 514.00 170,497.21  110 General Fund 212 Tarheel Challenge. Academy 213 Emergency Radio System Project 214 SCC Cosmetology Project 215 Livestock 239 Duke Help  $ 2 27,596,849.45 $26,442,010.24 $ 1,154,839.21  254 Community Grant (CDBG) Single Family Rehab: 2011 255 Community Grant (CDBG): 2011 Urgent Repair 256 Community Grant (CDBG): 2011 Infrastructure 257 Community Grant (CDBG): 2012 CDBG Scattered Site 258 Community Grant (CDBG): 2013 Urgent Repair Grant 259 Community Grant (CDBG): 2014 Urgent Repair Grant 260 Emergency Telephone E-911 295 Fire Districts 611 Greater Badin Operating 612 Badin Water Rehab Part A 613 Badin Water Rehab Part B 621 Piney Point Operating 631 West Stanly WWTP 641 Utility Operating 656 Utility- Hwy 200 Water Project 658 Utility- Carriker Road Water Extn Project 671 Airport Operating 676 Airport Runway Extn 678 Airport Runway Pavement 679 AWOS &I ILS Upgrade Project 680 Group Health Fund 710 Protective Payee 720 Fines & Forfeiture. Agency 730 Deed of TrustF Fund 740 Sheriff Court Executions 760 City and" Towns Property Tax  705.08 30,166.18 (23,626.41) (4,547.55) 37,523.47 230,176.48 286,383.19 264,218.33 222,453.06 753,859.20 (3,173.63) 32,085.87 (238,271.00) 176,374.85 (42,105.91) 2,686,814.52 2,994.60 (243.89) 1,086,681.33  3 37,425,200.21 $33,486,358.23 $ 3,938,841.98  General Fund Cash Position  $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000  $27,596,849  $26,442,010  $25,252,731  $22,575,232  $19,410,003  2010  2011  2012 Page 14  2013  2014    Stanly County Investment Report Balance per Bank at12/31/14 ofinvestment Date 2,083,051.39 5.83% 5,000.00 0.01% 9,087.02 0.03% 924,151.06 2.59% 18,795,502.94 52.63% 6,002,007.20 16.81% 35,714,230.07  For the Six Months Ended December 31,2014  BANK:  %  Purchase Maturity % Time of Certificate  Date Yield ofDeposit 0.06% NIA NIA 0.01% 0.15% 0.20%  Uwharrie BankCentral Depository Uwharrie BankWorkers Compensation Uwharrie BankProtective Payee NCCMT Uwarrie BankMoney Market Bank of North Money Market Bank of North Carolina Certificate of Deposit Bank of North Carolina Certificate of Deposit #2 Totals  4,793,087.55 13.42% 9/15/2014 3/15/2015 0.58% 6months 3,102,342.91 8.69% 10/10/2014 4/10/2015 0.58% 6months  Uwharrie BankCentral. Depository 5.83%  Uwharrie BankWorkers Uwharrie BankProtective  Compensation 0.01%  Payee 0.03% NCCMT 2.59%  Bank of North Carolina Certificate of Deposit #2. 8.69%  Bank of North Carolina. Certificate of Deposit 13.42%  Bank of North Money- Market 16.81%  Uwharrie BankMoney Market 57.97%  Page 15    Stanly County Fund Balance Calculation As of December 2014  Available Fund Balance  Cash & Investments Liabilities (w/out deferred revenue) Deferred Revenue (from cash receipts) Encumbrances Duet to Other Governments Total Available Expenditures Transfers Out to Other Funds Total Expenditures Total Available Total Expenditures Available for Appropriation  $  27,601,228 1,183,198 15,690 957,542 16,555 25,428,243 57,251,338 735,294 57,986,632 25,428,243 57,986,632 43.85%  $ $ $ $  General Fund Expenditures  Total Available for Appropriation  Page 16    Revised 07/07/2003  50  AMENDMENT NO: 2015-29  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that thet following amendment be made  tot the annual budget ordinance for thet fiscal year ending June 30, 2015: To amend the General Fund, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED  FUND/DEPART ACCOUNT NUMBER 110.4950  ACCOUNT DESCRIPTION  AS 5,244  NUMBER  298.500 Pesticide Recycling Expense $  $ 5,244 $  TOTALS  $  9  5,244 $  5,244  This budget amendment is justified as follows:  To utilize grant funds received from the NC Department of Ag & Consumer Sciences-Pesticide Division to purchase al larger container for purposes of recycling pesticide containers, information sign and installation materials. Al limited number ofj jet rince spray nozzles will be purchased and distributed. This will result in a neti increase of $ 5,244 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues willl be increased. These revenues have already been received or are verified they willl be received int this fiscal year.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ $  FUND/DEPART ACCOUNT NUMBER 110.3495  ACCOUNT DESCRIPTION  AS 5,244 5,244  NUMBER  330.63 Pesticide Reycling Grant  $ $  5,244 $ 5,244 $  TOTALS  SECTION2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners,  Budget Officer, and to the Finance Director.  Adopted this_  day of  20  Véxified by the Clerk oft the Board_ 5  12415, Date 137-5 Date Date  Posted by Journal No. Date  eviewed by Finance Reviewed by County Manager  12320152:23PM  BA2015-29    Attachment C  GRANTEE'S LINE ITEM and NARRATIVE! BUDGET  NAME OF RECIPIENT: County of Stanly APPROVED AMOUNT: $5.244.00  reimbursement under the PETF Pesticide Container Recycling below. Items not listed are not approved for reimbursement.  :  Expenditures for Approval for items not The budget presented  Program are presented listed shall be secured prior to the expenditure of funds if  reimbursement of that item will be requested.  below will be used to purchase a cargo storage container for use  containers for recycling, treated wood posts to  only to store properly prepared pesticide instructional metal sign to attach to the cargo elevate the cargo storage container, rinse an nozzles for farmers who will participate in this  storage container, and pressure container recycling program. 40' cargo storage container 6'x6"x1 10' treated wood posts (4) Instructional metal sign Pressure rinse nozzles 24/case (2 cases)  ESTIMATED: AMOUNT  LINE ITEM  $3,800.00 144.00 250.00 1,050.00 $5,244.00  TOTAL  APPROVED BY:  pN  Hkk  SIGNATURE: DATE:  Huly 8-4-14    5D  NORTH CAROLINA STANLY COUNTY  CONTRACT  THIS AGREEMENT, made and entered into this 2nd day ofF February, 2015 by and between town ofl Red Cross, al North Carolina Municipality (hereinafter referred to as "Town") party oft the first part; and the Stanly County, North Carolina (hereinafter  referred to as "County"), party oft the second part;  WITNESSETHE  For the purpose and subject to the terms and conditions hereinafter set forth, the Town hereby contracts for the services oft the County, and the County agrees to provide the services to the Town in accordance with the terms of this Agreement.  TERM SERVICES  Beginning and ending dates ofcontract: February 2, 2015 through December 31,2016.  County agrees to provide the following services:  County will administer the Abandoned Manufactured Home (hereinafter referred toas" "AMH") Ordinance within the Town once the Town has: Approved each abandoned manufactured home to be demolished and paid the County an administrative fee of $200 for each home. Provided the County with an Affidavit ofOwnership and an Agreement and Release of All Claims signed by eachl Property Owner verifying his/her eligibility for participation in the AMH Initiative. Paid the $350 landfill tipping fee per AMH to the County unless the Property Owner(s) has already paid said $350 fee to the County. County will file for reimbursement from the State ofl North Carolina for any funds available through the approved grant. Any and all monies received from the State shall be retained by the County to covers its expenses resulting from demolition of County will administer the program through the term and any extension shall be  Adopted the AMH Ordinance  the AMH(s).  in writing and approved by both parties.  CANCELLATION  This Agreement may be canceled by County upon thirty (30) days' written notice to the Town, and the Town may terminate this agreement upon thirty (30) days' written  notice to County.  ENTIRE AGREEMENT  1    The parties have read this Agreement and agree to be bound by all ofits terms, and further agree that it constitutes the complete and exclusive statement oft the Agreement between the parties unless and until modified by writing signed by the parties.  Modifications may be evidenced by telefacsimile signatures.  GOVERNINGLAW  Both parties agree that this Agreement shall be governed by the laws of the State ofNorth Carolina and any action resulting from this Agreement shall be brought in the General Court of Justice ofNorth Carolina sitting in Stanly County North Carolina.  SEVERABILITY  Ifany provision of the Agreement shall be declared invalid or unenforceable, the IN WITNESS WHEREOF, the Town and the County have set their hands as of the day and year first above written and state that they have read and understand the terms herein and freely and voluntarily enter into this Agreement and that without further proof  remainder of the Agreement shall continue in full force and effect.  ora accounting thereof, it shall be deemed an original contract.  TOWN OF RED CROSS, edeyes Anak Date 1-R-15  STANLY COUNTY, NORTH CAROLINA  By. Date  MAYOR  176 EAST fed CKaSA4 DAKBRD.C  (Mailing Address)  (Mailing Address) Federal Tax ID#:  This instrument has been pre-audited in the manner required by the Local  Government Budget and Fiscal Control Act.  FINANCE DIRECTOR  2    Stanly County Board of Commissioners  56 X  Meeting Date: February 2, 2015  Presenter:  STANIN CINY  Consent Agenda Regular. Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD D Document Camera** Laptop*** *PCise equipped with Windows XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have needt tou uset thel Document Camera: andz zoom into: a particular area,i if possible please attach a copy of the document with the: areai indicated  Please Provide a Brief Description of your Presentations format: that your need toz zoomi into. Al laser light is available top pinpoint your area of projection. *** You can! bring in: al laptop that will allow video out to be connected: at the lectern set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  Interlocal Agreement for Regional Radio System Advisory Council (Documents Attached) This is an agreement to have a member serve on the governing council for the UASI Regional Radio System. Andy Lucas, County Manager is the representative elected to serve on the Regional  Board.  Approve and sign the attached documents. Documents have been reviewed by County Attorney,  Jenny Furr.  Signature: Karen-L-MeDaniel Date: 01/28/2015  Dept. Attachments:  Yes Certification of Action Certified to be a true copy of the action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    EXHIBIT A  INTERLOCAL, AGREEMENT FOR REGIONAL RADIO ADVISORY COUNCIL APPROVAL AND RATIFICATION OF INTERLOCAL, AGREEMENT FOR REGIONAL RADIO SYSTEM ADVISORY COUNCIL  PARTICIPANT PACKET FOR  1. By execution of this Participant Packet by its city, county or town manager, County of Stanly ("Member Entity") hereby approves, ratifies and becomes aj party to that certain INTERLOCAL, AGREEMENT FOR REGIONAL RADIO: SYSTEM ADVISORY COUNCIL entered into and made effective on or about November 25, 2013 by and between the City OfCharlotte and Mecklenburg County (the "Regional Radio Interlocal") and such other local governments as may. join the Regional Radio Interlocal from time to time. Defined terms used herein shall have the same meanings as are 2. The undersigned certifies that attached to this Participant Packet is a certified copy of the resolution adopted by Member Entity's governing board approving and ratifying the Regional Radio Interlocal, and appointing the following person to serve as Member  assigned to such terms in the Regional Radio Interlocal.  Entity's Representative under the Regional Radio Interlocal: Representative's) Name: Andrew Lucas Title: County Manager Phone Number: (704)986-3601 Fax Number: (704)983-3133 Email: lucas@sanyounyncgow Address: 1000 North 1* Street, Suite 10 Albemarle, NC 28001  Pursuant to the attached resolution, the city, county or town manager is authorized to appoint another Representative to serve under the Agreement in the event the above named person leaves Member Entity's employment or is no longer willing or able to serve. Ifthel Representative is the city, county or town manager and the incumbent Representative fails to appoint a successor Representative before the incumbent is no longer willing or able to serve, the successor Representative shall be the next city, county or town manager, unless Member Entity's governing board designates another person to  serve on aj permanent or temporary basis.    3. The Member Entity certifies that it has entered into a Radio Service Agreement with the By executing this Participant Packet, thel Member Entity hereby ratifies, approves and becomesa Member Entity under the Regional Radio Interlocal, effective upon delivery oft this Participation  Operator of the Regional Radio System.  Packet to the Radio Communications: Manager. Member Entity: County of Stanly  By:  Date:  County Manager Witness: (SEAL)    RESOLUTION OF THE STANLY COUNTY BOARD OF COMMISSIONERS TO APPROVE AND RATIFY AN INTERLOCAL AGREEMENT FOR REGIONAL RADIO: SYSTEM ADVISORY COUNCIL BY AND. AMONG THE CITY OF CHARLOTTE, MECKLENBURG  COUNTY AND OTHER USERS OF THE REGIONAL RADIO SYSTEM  WHEREAS, the City of Charlotte and Mecklenburg County, jointly developed an 800 MHz trunked radio system to support public safety needs and provide service to various city and  county departments;  WHEREAS, Charlotte has been designated the lead agency for regional communications interoperability ofp public safety agencies within the Urban Area Security Initiative (UASI) eleven county region, and has established the infrastructure necessary for regional voice  communications interoperability with the support of several grants;  WHEREAS, since 2003, other local government entities have joined Charlotte and Mecklenburg in sharing use ofthe regional components of the radio system (the "Regional Radio System," as defined more specifically in this Agreement) and have signed service agreements to  that effect;  WHEREAS, Stanly County has entered into a radio service agreement with Charlotte in  order to use the Regional Radio System;  WHEREAS, Stanly County and the other users ofthe Regional Radio System now desire to expand use of the Regional Radio System throughout the region, with the goal ofe enhançing and improving interoperability of public safety communications. between and among government  entities;    WHEREAS, to facilitate regionalism and interoperability, Stanly County and other users of thel Radio System wish toj participate in a regional radio advisory council that will: (a) guide the strategic growth and development oft the Regional Radio System; (b) establish regional performance and technical standards for the Regional Radio System, and (c) establish  interoperability processes and procedures;  WHEREAS, Stanly County and other users of the Regional Radio System desire to enter into Interlocal Agreement For Regional Radio System Advisory Council to participate in the  Regional Radio. Advisory Council;  WHEREAS, Stanly County desires to authorize a representative to act on its behalf on  matters before the Regional Radio Advisory Council;  WHEREAS, Article 20 of Chapter 160A of the North Carolina General Statutes authorizes local governments to establish ai regional radio advisory council in accordance with the terms of  this Agreement;  NOW, THEREFORE, BE ITI RESOLVED that the Stanly County Board of  Commissioners hereby: 1.  Approves and ratifies the attached Interlocal Agreement For Regional Radio System Advisory Council by and among the City of Charlotte, Mecklenburg County and other users of the Regional Radio System (the "Regional Radio  Interlocal"); and  2.  Appoints the person fulfilling the job of County Manager to serve as "Primary Representative". and the person fulfilling the job of Emergency Management Director to serve as "Alternate Representative" for Stanly County, under the  terms oft the Regional Radio Interlocal;    3.  Authorizes the County Manager to appoint another person to serve as Representative under the Regional Radio Interlocal in the event that either of the above named persons leave Stanly County employment or are no longer  willing or able to serve for any reason;  4.  Authorizes the persons serving as Representatives to represent Stanly County with respect to all matters within the Regional Radio Advisory Council's  authority under the Regional Radio Interlocal.  This the  day of February, 2015.    STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG CITY OF CHARLOTTE  INTERLOCAL AGREEMENT FOR  REGIONAL RADIO; SYSTEM ADVISORY COUNCIL  THIS INTERLOCAL, AGREEMENT FOR REGIONAL: RADIOSYSTEM ADVISORY COUNCIL is entered into and made effective as of 125,20131 by and between the CITY OF CHARLOTTE, al North Carolina municipal corporation ("Charlotte"); MECKLENBURG COUNTY, aj political subdivision oft the State ofNorth Carolina, ("Mecklenburg"); and each entity that joins in this Agreement as a Member Entity in accordance with the terms hereof  (collectively, the "Member Entities").  STATEMENT OF BACKGROUND ANDINTENT  A. In2 2003, the City of Charlotte and County of Mecklenburg, North Carolina,, jointly developed and implemented an 800 MHz radio system to support public safety needs andj provide service to various public safety agencies and other identified entities within the Charlotte B. Charlotte has been designated the lead agency for regional communications interoperability ofpublic safety agencies within the Urban Area Security Initiative (UASI) eleven county region. Charlotte operates and manages the radio system through an Interlocal Agreement for Consolidation of Radio System that Charlotte and Mecklenburg entered into in 2003. Charlotte has established the infrastructure necessary for regional voice communications C. Since 2003, other local government entities havej joined Charlotte and Mecklenburg in sharing use oft the regional components oft the radio system (the "Regional Radio System,"as defined more specifically in this Agreement) and have signed service agreements to that D. Charlotte, Mecklenburg and the other Member Entities now desire to expand use of the Regional Radio System throughout the region, with the goal of enhancing and improving interoperability of public safety communications between and among government entities. To facilitate that effort, thel Member Entities wish to create al Regional Radio Advisory Council that will: (a) guide the strategic growth and development oft the Regional Radio System; (b) establish regional performance and technical standards for the Regional Radio System, (c) establish interoperability processes and procedures, and (d) provide a formal  Urban Area Security Initiative (UASI).  interoperability with the support ofs several grants.  effect.  governance structure for ongoing oversight and administration,    E. Chapter 160A, Article 20, Part 2 oft the North Carolina General Statutes authorizes the Member Entities to establish a regional radio advisory council ins accordance with the terms F. This Agreement isi intended to augment all existing Tactical Interoperability Communications Plans published by signatory entities, thel North Carolina Statewide Communications Interoperability Plan and the National Emergency Communications Plan NOW' THEREFORL, for and in consideration ofi mutual promises to each as herein after set forth, each of the Member Entities do mutually agree as: follows: 1. Definitions. For purposes ofthis Agreement, the following terms shall have the meanings 1.1. "Agency" means an organization or division of an organization that uses the Regional 1.2. "Alternate" means the person appointed by Member Entity who is authorized to sit on the Regional Radio Advisory Council and make binding decisions on behalfofthe Member Entity when thel Representative is not available Member Entity. 1.3. Charote.Mleltenburg Radio Interlocal" means the Interlocal Agreement for Consolidation of Radio System that Charlotte and Mecklenburg entered into in 2003, as 1,4. "Effective Date" means the date that Charlotte and Meckienburg have: (a) had their governing boards' approve this Agreement; and (b) provided the Radio Communications Manager with an executed copy oft this Agreement and a copy ofa certified resolution oftheir governing boards substantially identical to the resolution set 1.5. "Member Entity" means an organization that becomes a Member oft the Regional 1.6. "Operator" means Charlotte or such other party as may be designated "Operator" of the "Radio System" under the Chariolte/Mecktemburg Radio Interlocal (as both terms 1.7. Member Entity Participant Packet" means a fully completed Participant Packet in a form substantially identical to Exhibit A that is authorized by a Member Entity's governing board, signed by the Member Entity and submitted to the Radio Communication Manager in order for thel Member Entity toj join int this Agreement. 1.8. Representatiye" means the person appointed by a Member Entity from time to time to  ofthis Agreement.  set forth below:  Radio System.  may be amended from time to time.  forth in Exhibit A.  Radio Advisory Council in accordance with Section 31 héreof.  are defined ini that agreement).  2    sit on the Regional Radio Advisory Council and to make binding decisions on behalfof 1.9. "Radio Communication Manager" means the individual appointed from time to time under the Charlotte/Mecktenburg Radio Interlocal to perform the Radio Communication 1.10."Radio Service Agreement" means an agreement between the Operator and a Member Entity governing the terms underwhich the Member Entity and the. Agencies it represents may use the Regional Radio System. Each Radio Service Agreement will include, without limitation, the services to be provided and payment oft the shared cost ofoperating, maintaining and updating the Regional Radio System. 1.11."Regional Radio Advisory Council" means the regional radio advisory council established by this Agreement, as described more specifically in Sections 3 through 5 of 1.12."Regional Radio Advisory Council Sponsor" means the City of Charlotte'sl Director 1.13. "Regional Radio System" means: (a) the 8001 MHz P25 Trunked Radio Master site currently operated by the City, (b) all hardware and software encompassed in the forgoing; (c) all updates and enhancements to the forgoing. The Regional Radio System does not include mobile and portable radio units. Each Member Entity shall have the right toj purchase radio technology assets for that Member Entity's own use that do not become part ofthe Regional Radio System, as long as such assets: (a) are paid for with thel Member Entity's own funds; and (b) do not impede performance oft the Regional 4,-Representative" means the person appointed by the County Manager ofa ai Member Entity from time to time to sit on the Regional Radio Advisory Council and to make  the Member Entity.  Manager functions described therein.  this Agreement. of Shared Services.  Radio System.  binding decisions on behalfo oft the Member Entity.  2. Establishment of Regional Radio Advisory Council. Through execution oft this Agreement, the Member Entities hereby establish al Regional Radio. Advisory Council to: (a). guide strategic growth and development of the Regional Radio System; (b) establish regional performance and technical standards for the Regional Radio System; (c) establish interoperability processes and procedures for the Regional Radio System; and (d) providea 3. Requirements to be a Member Entity. Toj join this Agreement as a Member Entity, an 3.1. Except as provided in Section 3.2, it must provide documentation reasonably acceptable  formal governance structure for ongoing oversight and administration.  applicant must meet the following requirements:  3    to the Radio Communication Manager showing that it is authorized to serve as lead agency for all Agencies that use the Regional Radio System within the county in which the applicant is located (with the exception of Charlotte and Mecklenburg, which are subject to the Charlotte. /N Mecklenburg Radio Interlocal). Each Member Entity will represent all cities, towns and agencies within its county on the Regional Radio 3.2. Notwithstanding Section 3.1, the Advisory Council may extend voting membership, by an majority vote ofthe Advisory Council, to a representative ofai non-countywide system when the representative is selected by members of a single Radio Communication Council "RCCparticipating in the Regional Radio System within al unrepresented county. This RCC would remain a Member Entity until such time as the county in which the! RCCi is located signs the Interlocal Agreement for Regional Radio Advisory Council and al Representative from the county is appointed to the Advisory Council. 3.3. Ifthe applicant is from a county that is outside of the Charlotte Urban Area Security Initiative (UASI) region (comprised ofLincoln, Catawba, Iredell, Cabarrus, Stanly, Mecklenburg, Gaston, and Union counties within NC and York and Lancaster counties within SC), and is not from a county contiguous to the Charlotte area UASI, the applicant must also obtain the approval oft the Operator and an affirmative vote equal to 3.4. Each applicant (except for the Operator) must enter into al Radio Service Agreement with the Operator, and must remain bound by such Radio Service Agreement as a 3.5. Each applicant must complete and provide thel Radio Communication Manager with a Participant Packet in ai form substantially identiçal to Exhibit A, including without limitation a certified copy ofa resolution from its governing board substantially identical to the form included as part of Exhibit A, approving the applicant's execution ofthis Agreement, providing for the appointment ofal Representative and granting the Representative the authority to represent the Participant regarding matters within the Regional Radio Advisory Council's: authority under this Agreement. The. Advisory Council may change the requirements for becoming al Member Entity by amendment to its Charter, provided that each Member Entity shall be required to comply with Sections 3.4 and 3.5 oft this Agreement as a condition to becoming a Member Entity notwithstanding any amendment to the Bylaws to the contrary. A Member Entity may charge its Representative or Alternate at any time by providing the Radio Communication Manager with written notice ofthe change.  Advisory Council.  three quarters oft the Member Entities.  condition tol being a Member Entity,  4. Initial Member" Entities, The following local governments will become the "Initial Member Entities" upon satisfaction oft the requirements set forth in Section 3 above:  4    Mecklenburg County Union County Cabarrus County  Each of the Initial Member Entities already has a Radio Service Agreement with the 5. Authority of the Regional Radio Advisory Council. The Regional Radio Advisory Council has the authority to (a) guide the strategic growth and development oft the Regional Radio System; (b) establish regional performance and technical standards for the Regional Radio System, (c) establish interoperability processes and procedures, and (d) providea formal governance structure for ongoingoversight and administration. The Advisory 5.1. Develop and approve system-wide policies, protocols, procedures, strategies and goals 5.2. Develop system-wide practices that achieve the purpose oft the policies, protocols, procedures, strategies and/or goals established by the Advisory Council for the Regional  Operator.  Council will:  relating to use of the Regional Radio System.  Radio System. All radio practices will:  Define the scope and boundaries oft the practice. ii. Define roles and responsibilities of practice stakeholders. iii. Define practice implementation processes and procedures.  iv. Define practice review process.  5.3. Develop a practice review process whereby chairpersons of each Member Entity Radio Communication Council (RCC) and the Operator will work as a committee to provide the Regional Radio Advisory Council recommendations for consideration and action. 5.4. Develop and recommend a 10 year Strategic Plan, and update it bi-annually, for the Charter and Bylaws. The Charter and Bylaws for the Advisory Council are attached to this Agreement as Attachments C and D. The Charter and Bylaws define officer responsibilities, procedures for meetings, Representative responsibilities, voting requirements and other matters relating to the authority and operation of the Advisory Council. Notwithstanding the fact that they are incorporated into this Agreement by reference, the Charter and Bylaws may 7. Exhibit B. Attached to this Agreement as Exhibit B are the initial Operational Definitions, Protocols and Procedures to bei followed by users oft the Regional Radio System. The provisions of Exhibit B may be deleted or amended by a majority vote oft the Advisory  ongoing technical currency ofthe system infrastructure.  be deleted or amended from time to time as provided therein.  5    Council,  8. Term. Due to the terms, conditions and mutually beneficial purposes ofthis Agreement, itis reasonable for the duration oft this Agreement to be perpetual. Therefore, the term ofthis Agreement shall commence on its Effective Date and shall continue until terminated in  accordance with the termination provisions of this Agreement.  9, Termination and Breach.  9.1. Termination by Unanimous Written Consent. The parties may agree to terminate 9.2. Volunfary Withdrawal. Any Member Entity may elect to withdraw from this Agreement by providing ninety (90) days' prior written notice to the Operator, who will then notify each oft the other Member Entities. At the end ofs such ninety (90) day period, this Agreement shall be deemed to have terminated with respect to the Member Entity that provided the notice. The Operator may elect to withdraw from this Agreement by providing eighteen (18) months prior written notice to the Member 9.3, Withdrawal Due to' Termination of Radio Service. Agreement. A Member Entity must be party to an ongoing Radio Service Agreement in order to remain a Member Entity under this Agreement. This Agreement shall automatically terminate with respect to any Member Entity that is not aj party to a Radio Service. Agreement, and such termination shall occur at the same time as termination oft the Radio Service Agreement, 9.4. Termination Due to Breach. By majority vote at a properly scheduled and noticed meeting, the Regional Radio Advisory Council may terminate this Agreement with respect to any Member Entity that fails to cure a material breach oft this Agreement within sixty (60) days after receiving notice ofs such breach from the Regional Radio Advisory Council or the Operator. Such termination shall be effective upon written notice to the Member Entity being terminated. Notwithstanding the forgoing, the Operator may terminate this Agreement without approval of the Advisory Council with respect to any Member Entity that fails to cure a material breach ofa any policies, procedures or requirements approved by the Regional Radio Advisory Council within sixty (60) days after receiving notice ofs such breach from the Regional Radio Advisory Council or the Operator. Such termination shall be effective upon written notice to the Member Entity being terminated. Notwithstanding anything contained herein to the contrary, the Operator may suspend access to the Regional Radio System to any Member Entity at any time to the extent necessary to avoid violation ofany law, regulation or FCC. license, or to avoid interference with other Member Entity's use of 9.5. No Impact 0n1 Radio Service Agreements. Withdrawal from or termination ofthis Agreement with respect to any Member Entity shall not impact the Member Entity's or  this Agreement by unanimous written consent at any time.  Entities,  the Regional Radio System  6    any Agency'sobligations: under any Radio Service Agreement.  10. Miscellaneous  10.1, Notice. Any notice, approval, consent or other communication required or contemplated by this Agreement shall be in writing, and shall be delivered inj person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address stated below for the City of Charlotte and Mecklenburg County, or at the address stated on the Participant's) Packet iff for any other Member Entity:  For' The City Director Shared Services Cityo of Charlotte 600 E1 Fourth Street Charlotte, NC: 28202 Phone: 704-336-6252 FAX: 704-336-2258  For The County Director Business Support Services Agency Mecklenburg County 6001 E. Fourth Street Charlotte, NC: 28202 Phone: 704-336-2003 FAX: 704-336-7219  Communications that relate to any breach, default, termination, modification, extension, amendment, or waiver of this Agreement or any provision hereof (collectively, "Legal Notices") shall further be copied to the following (in addition to being sent to the  individuals specified above): For the City Cindy White City Attorney's Office 600 East Fourth Street Charlotte, NC 28202 Phone: 704.336.3012 Fax: 704)6 632-8327 E-Mail - cwhte@eichanote.nous  For the County Tyrone Wade Deputy County Attorney 600 East Fourth Street Charlotte, NC2 28202 Phone: 704.336. Fax:  lyonec.ade@mecatecAcpburgcounyncgow  Notice shall be effective upon the date of receipt by the intended recipient; provided that Legal Notices that are sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier, Any Member Entity may change its address for notification purposes by giving the Operator written notice of the new address and the date upon which it shall become effective. 10.2.Amendment. No. Amendment to this Agreement shall be valid unless in writing and approved by the governing board ofeach Member Entity then in good standing under this Agreement, and signed by the city, county or town manager ofe each Member Entity. Notwithstanding the forgoing, Exhibit B to this Agreement may be amended by a  7    majority vote of the Member Entities, and Exhibits Ca and D to this Agreement may be 10.3.Force Majeure. Neither the Operator nor any Member Entity shall bei liable for any failure or delay in the performance ofits obligations pursuant to this Agreement and such failure or delay shall not be deemed a default of this Agreement or grounds for termination hereunder: ifs such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, tornado, lightning strikes, elements of nature or other acts of God, or by acts ofv war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, court order or other causes not within such party's reasonable control, 10.4.Waiver. A waiver or any breach ofany provision of the Agreement shall not constitute or operate as a waiver ofany other provision, nor shall failure to enforce and provision hereofoperate as a waiver of the enforcement of such provision or any other provision 10.5. Severabilify. The invalidity of one or more oft the phrases, sentences, clauses or sections contained in this Agreement shall not affect the validity of the remaining portion oft this Agreement sO long as the material purposes of this Agreement can be determined and effectuated. Ifany provision ofthis Agreement is held to be invalid or unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent. 10.6.Exhibits and Attachments. Each oft the following Exhibits and Attachments are attached to and incorporated into this Agreement by reference: Exhibit A: Participant Packet (including resolution) Exhibit B: Operational Definitions, Protocols and Procedures Attachment C: Regional Radio Advisory Council Charter Attachment D: Regional Radio Advisory Council By-Laws  amended in accordance with the terms set forth therein.  8    Mecklenburg County  Signature Page  Contract Number: 24059312 Amendment Number: 00  Contractor Name: CIYOFCHARLOTTE  MECKLENBURG COUNTY: QwaR.Diquo  ATTEST:  Dena Diorlo County Manager No) Pre-Audit! Required. Wauda Wanda Reeves Finance. Director  R  APPROVED ASTOFORM: yne Tyrone Wade County Attorney  keurs  &8  APPROVED ASTO INSURANCE REQUIREMENTS:  Signature Page 1of1    The parties have caused this Agreement to be executed as oft the date first stated in the beginning ofthis Agreement by authority duly granted by the Charlotte City Council, and the Board of Commissioners for Mecklenburg County, Union County and Cabarrus County.  CIYOFCHARLOTTE RARRIGRe  COUNTY OF MECKLENBURG  Daypukyciy Manager EA  County Manager (SEAL) m:  Clerk to fhe Board Approved as to form: County Attorney  Approved as to form: Gklhk lity Attorney  0  COUNTY OF CABARRUS County Manager (SEAL)  COUNTY OF UNION County Manager (SLAL)  Clerk to the Board Approved as to form: County Atforney  Clerk to the Board Approved as to form: County Attorney  9    (SEAL) City Clerk  (SEAL)  Clerk to the Board Approved as to form: County Attorney COUNTY OFUNION, Coryanager  shya L.Whr Clerk to (hel Board Approved as to form: 44p  COUNTY OF CABARRUS County Manager (SEAL)  (SEAL)  Clerk to thel Board Approved AS to form: County Attorney  9    EXHIBIT A  INTERLOCAL AGREEMENT FORI REGIONAL RADIO ADVISORY COUNCIL APPROVAL AND RATIFICATION OF INTERLOCAL, AGREEMENT FOR REGIONAL RADIO SYSTEM ADVISORY COUNCIL  PARTICIPANT PACKET FOR  1. By execution of this Participant Packet by its city, county ort town manager, becomes a party to that certain INTERLOCAL AGREEMENT FOR REGIONAL RADIO SYSTEM ADVISORY COUNCIL entered into and made effective in or about November 25th, 2013 by and between the City OfCharlotte and Mecklenburg County (the "Regional Radio Interlocal") and such other local governments as mayj join the Regional Radio Interlocal from time to time. Defined terms used herein shall have the same meanings as are assigned to such terms ini the Regional Radio Interlocal. 2. The undersigned certifies that attached to this Participant Packet is a certified copy of the resolution adopted by Member Entity's governing board approving and ratifying the Regional Radio Interlocal, and appointing the following person to serve as Member  ("Member Entity") hereby approves, ratifies and  Entity's Representative under the Regional Radio Interlocal:  Representative's) Name: Title: Phone Number: Fax Number: Email: Address:  Pursuant to the attached resolution, the city, county or town manager is authorized to appoint another Representative to serve under the Agreement in the event the above named person leaves Member Entity's employment or isi no longer willing or able to serve. Ifthe Representative is the city, county or town manager and the incumbent Representative fails to appoint a successor Representative before the incumbent is no longer willing or able to serve, the successor. Representative shall be the next city, county or town manager, unless Member Entity's governing board designates another person to  10    serve on aj permanent or temporary basis, Operator ofthe Regional Radio System.  3. The Member Entity certifies that it has entered into a Radio Service. Agreement with the By executing this Participant Packet, the Member Entity hereby ratifies, approves and becomesa Member Entity under the Regional Radio Interlocal, effective upon delivery ofthis Participation  Packet to the Radio Communications Manager.  Member Entity: By:  Date:  Manager  Witness: (SEAL)  11    RESOLUTION OF THE  TO APPROVE AND RATIFY  AN INTERLOCAL AGREEMENT FOR REGIONAL RADIO SYSTEM ADVISORY COUNCIL BY AND AMONG THE CITY OF CHARLOTTE, MECKLENBURG COUNTY  AND OTHER USERS OF THEI REGIONAL RADIOSYSTEM  WHEREAS, the City of Charlotte and Mecklenburg Countyj jointly developed an 8001 MHz trunked radio system to support public safety needs and provide service to various city and  county departments;  WHEREAS, Charlotte has been designated the lead agency for regional communications interoperability of public safety agencies within the Urban Area Security Initiative (UASI) eleven county region, and has established the infrastructure necessary for regional voice  communications interoperability with the support of several grants;  WHEREAS, since 2003, other local government entities. have joined Charlotte and Mecklenburg in sharing use oft the regional components of the radio system (the Regional Radio System," as defined more: specifically in this Agreement) and have signed service agreements to  that effect; WHEREAS,  has entered into ai radio service agreement with Charlotte in  order to use the Regional Radio System;  WHEREAS,,  and the other users of the Regional Radio System now desire to  expand use of the Regional Radio System throughout the region, with the goal ofe enhancing and improving interoperability of public safety communications between and among government  entities;  12    WHEREAS, toi facilitate regionalism and interoperability,  and other users of the  Radio System wish to participate in ai regional radio advisory council that will: (a) guide the strategic growth and development oft the Regional Radio System; (b) establish regional performance and techniçal standards for the Regional Radio System, and (c) establish  interoperability processes and procedures;  WHEREAS,  and other users oft the Regional Radio System desire to enterinto  Interlocal Agreement For Regional Radio System Advisory Council toj participate in the  Regional Radio Advisory Council; WHEREAS,  desires to authorize a representative to act on its behalf on matters  before the Regional Radio Advisory Council;  WHEREAS, Chapter 160A, Article 20, Part2 oft the North Carolina General Statutes authorizes local governments to establish a regional radio advisory council in accordance with  the terms oft this Agreement;  NOW,THEREFORE, BEI ITI RESOLVED that the  hereby:  1.  Approves and ratifies the attached Interlocal Agreement For Regional Radio System Advisory Council by and among the City ofc Charlotte, Mecklenburg County and other users oft the Regional Radio System (the "Regional Radio  Interlocal"); and  2.  Appoints the person fulfilling thej jobof_ Representative", and the person fulfilling the job of  tos serve as "Primary to serve as  "Alternate Representative" for Radio Interlocal;  under the terms oft the Regional  13    3.  Authorizes the  Manager to appoint another person to serve as  Representative under the Regional Radio Interlocal in the event that either of  the above named persons leave willing or able to serve for any reason;  employment or are no longer  4.  Authorizes the persons serving as Representatives to represent with respect to all matters within the Regional Radio. Advisory Council's  authority under the Regional Radio Interlocal.  This the dayof_  20  14    EXHIBITI B  OPERATIONALDEPINITIONS, PROTOCALS AND PROCEDURES  REGIONAL RADIO SYSTEM PURPOSE  The Regional Radio System provides voice communications between participating agencies dealing with both short term (felony pursuits, fires, hazmat, etc.) and long term incidents (major disasters, large scale fires and floods, civil disturbances, terrorist incidents, etc.). The Regional Radio System provides a 800 MHz platform fori interoperability as well as utilizing gateway devices to cross-connect the different radio channels operating over various radio frequency bands (e.g. VHF, UHF, and 800MHz) throughout the Region. A purpose oft the Regional Radio Advisory Council is toj provide a formal structure for ongoing oversight and administration for the Regional Radio System which is used by the signatory entities toj provide interoperable communications for their Member Entities, as well as other identified and approved users. The protocols and procedures provided below establish standardized methods for the use oft the  Regional Radio System among all system users.  DEFINITIONS Interoperabilty:  Communications: Interoperability is the ability of public safety agencies to talk across disciplines and jurisdictions via radio communications: systems, exchanging voice and/or data with one another on demand, ini real-time, when needed and as authorized.  Incident:  An event or occurrence requiring the participation and coordination of more than one public safety-first responder agency (e.g. police, fire, mediçal services). The event or occurrence may be an emergency, natural or man-made disaster, or ai non-emergency, planned event (e.g. New Year's) Eve) requiring the services ofi more than one agency.  ICALL:  A dedicated radio frequency monitored by all local radio dispatch centers in which requests for multi-agency assistance may be placed. The calling channel is used to contact other users in the region for the purpose ofr requesting incident-related information and assistance and for setting up tactical communications for specific events. Int most cases, the calling party will be asked to move from the Regional Radio/ICALL channel to one oft the Regional Radio channels for continuing incident operations or other  interoperability communication needs.  15    Regional Radio & ITAC Channels:  Regional Radio & ITAC channels are dedicated radio frequencies and are assigned based on the geographic location oft the event or occurrence. They are used for coordination activity between different agencies in a mutual aid situation. Incidents requiring multi- agency participation are coordinated over these channels by the agency controlling the  incident. Radio Dispatch Center:  Radio Dispatch Centers may be a Public Safety Answering Point (also known as a9-1-1 Center), a Dispatch Center, or a Fire. Alarm Office (FAO), which provides public safety radio and telephone communication services 24 hours a day, 7 days per week. Radio dispatch centers are required to monitor the appropriate the Regional Radio/ITAC channel at all times, A radio dispatch center may delegate monitoring of the Regional Radio channel based on its scheduled rotation so long as the radio dispatch center has the capability ofr monitoring the Regional Radio/ITAC channels 24 hours, 7 days a week.  Common Language:  Common English language will be spoken at all times when using the Regional Radio System. 10 codes and other acronyms must be avoided at all times. Radio communications must be clear and understandable. Long radio transmissions should be  avoided when possible.  PROTOCOL  Regional Radio System may be used, ifneeded, to allow voice communications between each entity's personnel dealing with an incident. As] previously stated in this document, the Regional Radio System isi intended for use when immediate information will enhance the safety or effectiveness of personnel dealing with an incident. It is not to be used to transmit mundane The purpose oft this protocol is to establish a clear method for use ofall Regional Radio channels including the ICALL and ITAC and Regional Radio System interoperability radio frequencies. These interoperable radio frequencies replace mutual aid channels and provide greater area-wide coverage. These radio frequencies are to be used in the event of ai multijurisdictional operation requiring the use ofa common radio channel. These dedicated radio frequencies are specifically to be used to coordinate incident command activities during disasters or planned multi- jurisdictional events. They are not to be used for routine/day-to-day public safety operations.  information.  16    The Regional Radio channels as ofthei implementation oft this Agreement are:  LIST CHANNELS IF DESIRED  PROCEDURES Radio System:  The following procedures shall be utilized by member entities whenever utilizing the Regional  First Responder, Incident Commander or Dispatch Center, Supervison: 1. Determine the nature oft the incident and whether more than one resource will be needed (e.g. police, fire, medical, HAZMAT, bomb squad, emergency management). 2. Notify the monitoring dispatch center on the Regional Radio channel ofthei incident and 3. Utilize NIMS or ICS protocols and communicate relevant information in plain English. 4. At the appropriate time, advise who the incident commander is and relay pertinent information to be transmitted to the other responding resources/agencies. 5. Supervisors will monitor the Regional Radio System channel, communicate with resources on that channel and relay all information to their subordinates on their respective agency 6. Advise when incident has terminated and vacate Regional Radio System interoperability  request assistance from other agencies, as required. (Avoid using agency specific codes, acronyms or jargon.)  radio. channel.  Monitoring Radio. Dispatch Center (Dispatch Center): 1. Receive and acknowledge request from first responder. 2. Determine the proper Regional Radio System channel to be utilized. 3. Advise first responder which Regional Radio System channel(s) to use. 4. Notify other resources/agencies and advise them oft the Regional Radio System channel, 5. Assist with mobilization of resources (e.g. other public safety agencies, first responders, 6. Notify the chiefofficer oft the agency and advise each resource to notify their respective chief 7. Notify its emergency management staff oft the incident and provide updates and the Regional  support personnel). offiçer.  Radio Systen channel being used for the incident/event. 8. Return to normal monitoring duties at termination ofincident.  Regional Radio System may be activated or used forj joint agency emergency incidents, It may also be used for planned joint agency tactical operations, large public events, joint training  17    exercises, and planned system testing.  The types and incident priorities for use ofNÇORE are as: follows: Priority 1: Disaster and extreme emergency operations.  Priority 2: Emergency or urgent operations involving imminent danger to the life and safety Priority 3: Special event control activities, generally ofa pre-planned nature, and generally  ofpersonnel and property.  involving participation oft two or more agencies.  Priority 4: Drills, tests, and exercises.  A request to participate in Regional Radio System is not ai request to transfer responsibility for an Regional Radio System can be used for Homeland Security matters or other related incidents. Regional Radio System policy prohibits participants from releasing radio frequencies, CTCSS/CDCSS codes, channel plan, and otheri information related to the: system. No system information shall be released to the media or other public or private entities. Exception: This information. may bei released to service technicians involved with the direct maintenance or repair ofthe participating agency'sradio equipment, on a "need to know" basis. Agencies failing to safeguard Regional Radio System information may be excluded from the Regional Radio Advisory Council in accordance with section 9.4 oft the Interlocal Agreement for Regional Radio System Advisory Council, Member Entities who wish to have a list of frequencies shall contact the Regional Radio Advisory Council, which will review the request and determine  incident.  whether to release the information to the requesting party.  MAINTENANCE  The primary Regional Radio System infrastructure and equipment will be maintained by Charlotte/Mec.klemburg: Shared Services as noted in each agencies Inter-local agreement. Agencies electing to have radio services provided by Charlotte/Meckltemburg Shared Services- shall have such services as noted in theiri inter-local agreement. Eachj participating entity providing its separately owned equipment for use: in the Regional Radio System is responsible for the maintenance, upgrade and support ofs such equipment including hardware and software Iti is understood that radio reprogramming and maintenance will be required on an ongoing basis, and system configuration changes will occur as the system grows, Participating entities agree to  for their entity.  18    promptly reprogram their separately owned radio equipment, by an authorized agent as specified by the Regional Radio. Advisory Council, to maintain the continuity oft the: system. Radio frequencies in each band will be labeled as specified by the Regional Radio Advisory  Council to ensure uniformity ofidentification in radio displays.  19    Regional Radio Advisory  Council Charter  MI MAY20,1775  IPRIR QUAN  January 2013    Regional Radio Advisory  Council  NORTH CAROLINA  ****** * ** Charter  Regional Radio Advisory Council  I. Background  In 2003, the City of Charlotte and County of Mecklenburg, North Carolina, jointly developed and implemented an 8001 MHz radio system to seive thej public safety agencies and other identified entities within the Charlotte Urban Security Initiative Area (UASI). The intent of this system (he Regional Radio System") is to enhance and improve interoperable communications between and among governmental entities. The City of Charlotte was designated as the lead agency for the coordination of xegional communications interoperability with the UASI region and as such operates and manages thel Regional Radio System. Asa result of other counties and jurisdictions joining the Regional Radio System through the signing ofinter-local agteements, the Regional Radio. Advisory Council was created as the governance body for the Regional Radio System. The Regional Radio Advisory Council will be henceforth referred to  as the "Advisory Council". II. Description  This Charter describes the authority, purpose, responsibilities, vision and mission statements, membership fules and requirements, use of funds and resources, operating principles, decision-makingp procedures and  logistical considerations that will guide the. Advisory Council's activities.  III. Authority  The Advisory Council will have the following authority:  A. Oversee and guide the growth of the Regional Radio System. B. Establish performance and technical standards for the Regional System. C. Establish interoperability processes and procedures for thel Regional System. D. Providea a formal governance structure for ongoing oversight and administration.  IV. Purpose  The primaty purpose oft the Advisory Council shall be to establish an operational and management structuré that will provide the member entities an opportunity toj participate in the on-going administration and oversight oft thel Regional Radio System throughout the term of the Agreement.  V. Responsibilities  The. Advisory Council shall be responsible for the following:    Regional Radio Advisory  Council  NORTII CAROLINA  A. Develop and approve system-wide policics, strategies and goals relating to the use oft the System. Such policies will cstablish guidelines for the use of the Regional Radio System while the strategies and goals will define the evolution of the system andi its future capabilities. B. Develop system-wide standardized practices and standard operating procedures for use of the C. Develop and recommend: a 10 yeat Strategic Plan updatéd annually, for the ongoing technical  Regional Radio System. currency of the system infrastructure.  VI. Vision Statement:  Ensure that all users of thel Regional Radio System have the capability to communicate reliably in real-time, actoss disciplines and jurisdictions. in order to respond more effectively during multi-jurisdictional  operations, major incidents and natural disasters.  VII. Mission Statement:  Oversee the Regional Radio System on behalf of all users in order to provide reliable, interoperable communications and enhance the safety of its citizens, visitors and government personnel throughout the  region. VIII. Membership  A. The voting membership of the Advisory Council shall be comptised of one representative from each county that has executed an interlocal agreement to participate in the System (collectively the "Member Entities"). The representativcs appointed by the Mcmber Entities arc referred to B. Each Member Entity will have an opportunity to assign o1e primary representative and onc : The Advisory Council may extend voting membership, by a majority vote oft the Advisory Council, to a representative ofa non-countywide system when the representative is selected by members ofa single Radio Communication Council ("RCC") participating in the Regional Radio System within a unreptesented county. This RCC would remain a Member Entity until such time as the county in which the RCC is located signs the Interlocal. Agreement for Regional Radio Governance and a Representative from the county is appointed to the. Advisory D. Member Entity representation will be voluntary and without compensation. E. Alll Member Entities are subject to all conditions contained within the. Advisory Council's bylaws, and may be removed from the Advisory Council in accordance with the bylaws.. F. New Member Entities may submit a nomination for Committee membership in accordance with  as" "Reptesentatives." alternate to the Advisory Council.  Council.  the bylaws.  2    Regional Radio Advisory  Council  NORTH CAROLINA  G. The Regional Radio Advisory Council Sponsor shall acti in an advisoiy non- voting capacity to H. The Advisory Council: may allow any unrepresented participatingj jurisdiction to participate in Advisory Council: meetings and deliberations as a non-voting advisoiy member by majority vote.  the Advisory Council.  IX. Officers  The. Advisory Council will establish the following positions to manage operations: Chair, Vice-Chair and Secretary. All must be curtent and primaty voting members oft the Advisory Council:  Chair  Dixect all Advisory Council activities/operations  Ensure activities comply with all applicable North Carolina and. Advisory Council rules,  regulations and laws.  Preside over all regular and special Advisory Council meetings Coordinate meetings, including establishing the time and location absences oft the Regional Radio Advisory Council Sponsor. Assist the Chair in the performance of their duties Preside over Advisory Council meetings in the absence oft the Chait  Represent the. Advisory Council to city, county and town managers during temporary  Vie-Chair  X. Regional Radio Advisory Council Sponsor  The City ofCharlotte's Shared Services Director will serve as the Regional Radio Advisory Council Sponsor. The Regional Radio Advisory Council Sponsor will provide the following to the Advisory  Council:  A. Execute the strategic vision, direction and priorities as established by the. Advisory Council for  the Regional Radio System. B. Serving as a liaison fort the. Advisoty Council.  C. Advising the Advisoty Council in the accomplishment of its mission.  D. Being an active advocate for the Regional Radio. Advisoty Council throughout the region. E. Assisting the Advisory Council Chairperson and other Advisory Council leaders in the F. Provide staff to perform the following administrative functions of the. Advisory Council:  management of the Regional Radio System.  1. Schedule meeting dates and locations. 2. Notify alll Representatives of upcoming meetings. 3. Ensure the preparation of mecting agendas.  3    Regional Radio Advisory  Council  NORTH CAROLINA  4. Record the minutes of all meetings. at timely manner following each meeting.  5. Disseminate meeting minutes and all appropriate documents to all Representatives in 6. Ensure that all documents being discussed at upcoming meetings are distributed to alll Representatives sufficiently prior to such meeting as to allow for their review  prior to such meetings.  XI. REGIONAL RADIO COMMUNICATIONS MANAGER  The Regional Radio Communications Manager is thei individual appointed under the Chatott-/Meckemburg Radio Interlocal to perform the Radio Communications Manager duties. The Manager will assist the Advisory Council by performing the following actions: A. Providing monthly Regional Radio System performance statistics as defined in any and alll Radio Seivice. Agreements in effect between the City of Charlotte and other members of the Advisory Council, sO as to allow the Advisory Council to monitor system B. Providing, as appropriate, regular system infrastructure capital project status reports, in  performance.  order for the. Advisory Council to ascertain project progress. C. Any further actions deemed appropriate byt the Advisoty Council.  XI. Meetings  A. All meetings shall be conducted. in accordançe with the provisions and requirements of Advisory  Council by-laws and in compliance with all North Carolina laws and regulations.  B. To ensure greater success, all Representatives will be expected to:  Prepare for and attend scheduled meetings. Engage in open and honcst communications.  Provide anl accurate representation of their respective Member Entity and all agencies represented by them ("Agencies") in achieving the best system-wide outcome. Bcl knowledgeable of the business process of and the role of radio voice and data technology Bec committed to collaborating to achieve the best interests of thel Regional Radio System Bec committed to serving as an active member of the Advisory Council for at least twelve Kcep his/her appointing Member Entity and all. Agencies represented by his/her Member Entity fully informed regarding the activities oft thel Regional Radio Advisory Council. Support consensus decisions and seek endorsement from their respective Member Entity.  ins supporting those processes.  above the interests of an Member Entity Or Agency. Become aware of and support the objectives of the Advisory Council.  months.    Regional Radio Advisory  Couneil  NORTH CAROLINA  C. Ifal Member Entity's Representative is unable to attend an Advisory Council meeting, theAlternate for that Representative shall attend the mecting. Member Entities should designate an Alternate in advance to represent thel Member Etity in the absence of the Representative. In addition, Alternates are encouraged to' attend all Advisory Council meetings with the primary Representative.  XII. Operating Principles The Advisory Council should: throughout thel Region. Think inter- disciplinaty.  A. Considet the unique needs of! public safety first responders and other participating Agencies B. Recognize and: respect stakeholder concerns and address those concerns that could negatively D. Identify issues within the Advisory Council's control and address those matters. E. Ensure strategies, system upgrades, modifications and enhancements are in sync with the overall Advisory Council goals and objectives, as well as compatible with member requirements. G. Exercise the. Advisory Council's responsibility to all Member Entities for overseeing the Regional Radio System and notl basing decisions on any single individual, agency, or technology.  impact the capabilities oft the Regional Radio System.  F. Ensure network capabilities to mneet user needs. H. Promote a collaborative approach in dealing with issues. I. Speak with one voice when reporting externally. A. Aq quorum must be reached to conduct a vote.  XIII. Decision-Making Procedures  B. Itis considered a quorum when a simple majority oft the Member Entities are present. C. Ifaquorum! has been reached, a simple majority of the Member Entities present at the meeting is required for approval of Adyisory Council decisions and recommendations D. Bach Member) Entity has one vote. Ift the voting Representative. is unable to attend, the Alternate E. At two-thirds majority vote of all Member Entities is required for final approval of new Charter F. The Chair is responsible for reporting Advisory Council decisions and recommendations to  can vote for that Member Entity.  amendments. interested parties.  XIV. Working Groupe/Subcommitces  The. Advisory Council mmay crcate and be assisted by Working Gtoups of Subcommittees as required bya majority vote of the. Advisory Council. Such Working Groups or Subcommittees will be subject to all  conditions established within the Regional Radio. Advisory Council's by-laws.  5    Regional Radio Advisory  Council Bylaws  WAD AY20,1775  QUAM  January 2013    ***** Regional Radio Advisory Couneil  NORTH CAROLINA  Regional Radio Advisory Council  Bylaws  ARTICLE :: Name  Ina accordance with the Interlocal Agreement for Regional Radio Governance between Charotte/Mecklenburg and all Member Entities utilizing the Regional Radio System, this Regional Radio Advisory Council shall sèrve as the governance body for the Regional Radio System and shall herein be referred to as the "Advisory Council."  ARTICLE I: Purpose  1. The purpose of the Advisory Council is to establish an operational and management structure that provides all Member Entities with standardized guidelines for the operation, management and support of the Regional Radio system used for public safety communications interoperability within the Region. As such, the goals of the A. Provide a structure that enables Member Entities to coordinate and standardize the communications capabilities provided by the Regional Radio B. Establish a formal mechanism to facilitate Region-wide decision-making. C.K Identifying opportunities to enhance/upgrade Regional Radio System. D. Establish a governing body that can remain independent and meet the needs  Advisory Council are as follows:  System.  of all Member Entities.  ARTICLE I: Organizational Responsibilities The Advisory Council shall be responsible for:  1. Providing formalized oversight in the administration, growth and use of the 2. Developing and adopting by-laws to govern the Advisory Council and its  Regional Radio System. operations. System.  3. Establishing performance and technical recommendations for the Regional Radio    ***** Regional Radio Advisory Council  NORTH CAROLINA  4. Establishing system-wide standardized practices that achieve the purpose of the policies, strategles and/or goals established by the Advisory Council for the 5. Develop and approve system-wide policies, strategies and goals relating to the use 6. Develop and recommend a 10 year Strategic Plan, and update it annually, for the 7. Establishing staff working groups from Member Entities to research technical and 8. Identifying opportunities to enhance/upgrade Regional Radio System.  Regional Radio System. oft the System.  ongoing technical currency of the system infrastructure.  operational issues.  ARTICLE IV: Member Entities 1. MEMBERSHIP  The voting membership of the Advisory Council shall be comprised of one representative from each of the member counties that executes the Interlocal Agreement for Regional Radio Governance toj join the Regional Radio System  (collectively, ("Member Entities").  A. The maximum membership of the Advisory Council may be determined by a majority vote of the existing Member Entities. Each Member Entity will appoint a primary representative (Representative) to vote and represent its B. Member Entities are encouraged to have alternates for their Representatives ("Alternates") and have such Alternates attend all Advisory Council meetings. Representative will be entitled to only one vote. The Alternate may vote only when the Representative is absent. Representatives (and their Alternates when Representatives are not present) will have sole voting rights for their C. Each Representative and his or her Alternate shall be empowered with the authority to speak and act on behalf of the Member Entity. Each Member and Alternate shall be identified by name and sO empowered in writing to the D. Int the event of removal, resignation, or death of a Representative, the Member Entity shall promptly appoint a successor toi fill the position and notify E. Member Entities may not designate another Member Entity to serve as its  interest on the Advisory Council.  respective Member Entities.  Chair of the Advisory Council, as needed. the chair of the Advisory Council in writing.  proxy for voting purposes.  2    ***** Regional Radio Advisory Council  NORTH CAROLINA  F. All notices to Member Entities shall be directed to their respective  Representatives.  2. REPRESENTATIVE DUTIES Each Representative shall:  Prepare for and attend scheduled meetings. Engage in open and honest communications.  Provide an accurate representation of their respective Member Entity and all agencies represented by their Member Entity ("Agencies") in achieving the Be knowledgeable of the business process of and the role of radio voice and Be committed to collaborating to achieve the besti interests of the Regional Radio System above the interests of an individual Member Entity or Agency. Become aware of and support the objectives of the Advisory Council. Be committed to serving as an active member of the Advisory Council for at Keep all Agencies represented by their Member Entity fullyi informed regarding the activities of the Regional Radio Advisory Council. Support consensus decisions and seek endorsement from their respective  best system-wide outcome.  data technology in supporting those processes.  least twelve months.  Member Entity.  3. ATTENDANCE REQUIREMENTS  IfF Representative fails to attend three consecutive regularly scheduled Advisory Council meetings, the Chair can request the Member Entity appoint a replacement representative. Ifthe Member Entity fails to appoint a replacement within forty-five (45) days afterwritten request from the Chair, the Advisory Council may by majority vote remove the Member Entity and terminate the Interlocal Agreement for Regional  Radio Governance with respect to such Member Entity.  4. ENTITY WITHDRAWAL  Representativelemper Entities wishing to withdraw from the Advisory Council must provide 90 days'. notice of their intent to withdraw to the Chair of the Advisory  Council. ARTICLE V: Officers  1. The officers of the Advisory Council shall consist oft the Chair and Vice-Chair.  3    ***** Regional Radio Advisory Council  NORTH CAROLINA  2. All officers must be voting Representatives of the Advisory Council.  3. Terms will be for twelve months  4. Elections  Election of the Chair and Vice-Chair shall be conducted at the first meeting of Ins subsequent years, the Advisory Council shall hold nominations and elections for the position of Chair and Vice-Chairwithin the first quarter of Each officer's term shall be effective from the close of the meeting at which  the Advisory Council. each calendar year. they were installed.  5. Chair's Roles and Responsibilities  Direct the operations of Advisory Council Preside over all Advisory Council meetings  Represent the Advisory Council and serve as its primary spokesperson. Assist with the transition of the newly elected Chair at the end of their term. Coordinate meetings, including establishing the time and location. Represent the Advisory Council to the city, county and town managers during absences of the Regional Radio Advisory Council Sponsor. Ensure activities comply with all applicable North Carolina and Advisory  temporary Council rules, regulations and laws.  6. Vice-Chair's Roles and Responsibilities  Assist the Chair in the performance of his/her duties Assume such duties in the absence of the Chair.  ARTICLE VI: Regional Radio Advisory Council Sponsor  The City of Charlotte's Shared Services Director will serve as the Regional Radio Advisory Council Sponsor. The Regional Radio Advisory Council Sponsorwill provide  the following to the Advisory Council:  A. Execute the strategic vision, direction and priorities as established by the C. Advising the Advisory Council in the accomplishment of its mission.  Advisory Council for the Regional Radio System. B. Serving as a liaison for the Advisory Council.  4    ***** Regional Radio Advisory Council  NORTH CAROLINA  D. Being an active advocate for the Regional Radio Advisory Council throughout E. Assisting the Advisory Council Chair and other Advisory Council leaders in F. Provide staff to perform the following administrative functions of the Advisory-  the region.  the management of the Regional Radio System.  Council:  1. Schedule meeting dates and locations. 2. Notify all Representatives of upcoming meetings. 3. Ensure the preparation of meeting agendas. 4. Record the minutes of all meetings.  5. Disseminate meeting minutes and all appropriate documents to all Representatives in a timely manner following each meeting. 6. Ensure that all documents being discussed at upcoming meetings are distributed to all Representatives sufficiently prior to such meeting as  toa allow for their review prior to such meetings.  ARTICLE VI: Regional Radio Communications Manager  The Regional Radio Communications Manager is the individual responsible for performing all related managerial duties for the Regional Radio System. The Manager will assist the Advisory Council by performing the following actions:  A. Providing monthly Regional Radio System performance statistics as defined in any and all Radio Service. Agreements in effect between the City of Charlotte and other members of the Advisory Council, sO as to allow the B. Providing, as appropriate, regular system infrastructure capital project status reports, in order for the Advisory Council to ascertain project progress. C.A Any further actions deemed appropriate by the Advisory Council.  Advisory Council to monitor system performance.  ARTICLE VIII: Advisory Council Meetings  1. Regular Meetings  Regular meetings of the full Advisory Council shall be held at least quarterly. Meetings may be held in person, via teleconference, internet conference, or by any other means deemed appropriate and approved by the Advisory Regular and special meetings of the Advisory Council will be conducted in accordance with all applicable North Carolina laws and regulations.  Council.  5    ***** Regional Radio Advisory Council  NORTH CAROLINA  Meetings may be cancelled by the Chair upon agreement by a majority of the Member Entities who will not have a Representative or Alternate present at a meeting will notify the Chair as soon as reasonably possible prior to the Ifan meeting is cancelled, the Chair will notify Member Entities of the  Member Entities. meeting.  cancellation prior to the schedule meeting.  2. A quorum must be reached to conduct a vote.  3.Aquorum shall consist of a simple majority of the Member Entities. 4. Ifa quorum has been reached, a simple majority of the Member Entities is required for approval of Advisory Council decisions and recommendations 5. Immediately preceding a vote by the Advisory Council, the recording individual shall repeat the motion, name of the person making the motion and name the person seconding the motion. Any Representative may request to have his/her vote entered in 6. When both the Representative and Alternate are present at a regular meeting or special meeting, only the primary Representative may cast votes and be recorded in  the minutes.  proceedings.  ARTICLE IX: Working Groups  The Chair of the Advisory Council may recommend the establishment of special or standing working groups to assist the Advisory Council ("Working Groups"). The Chair shall explain the duties and responsibilities of the' Working Groups and any matters relating to its efficient operation in his/her recommendation. Working Groups shall be  established based upon the majority vote of the Advisory Council,  1. Representatives.  Each Member Entity shall be entitled to appoint one qualified individual to serve  on such Working Groups.  Representatives and/or Alternates may serve on any' Working Group only upon obtaining the approval of a majority of the Advisory Council  members.    ***** Regional Radio Advisory Council  NORTH CAROLINA  All members of Working Groups shall serve at the pleasure of the appointing Member Entity and may be replaced by the appointing authority Int the event of removal, resignation, or death of a Representative, the appointing Member Entity shall promptly appoint a successor tot fill the position and notify the Chair of the Advisory Council in writing.  ina accordance with applicable law.  2. Chair  Working Group(s) Chair shall be appointed by the Advisory Council.  ARTICLEX: Rulesof Procedure  Unless otherwise specified, all matters of order and procedure shall be decided using the most recent edition oft the Institute of Government's Suggested Rules of Procedure for Small Local Govemment. Advisory Councils, as it may be amended from time to  time..  ARTICLE XI: Amendment of Bylaws  Proposed bylaw changes are to be submitted as a discussion item on the agenda for the next regularly scheduled. Advisory Council meeting. Changeslamendments will be voted upon at the end of Advisory Council meetings. Atwo-thirds vote of all Member  Entities is required to amend the bylaws.  7    City Council Agenda Emily A. Kunze 11/25/2013  Emily A lunge  43. Regional Radio Advisory Council Interlocal Agreement Actiona Adopt ai resolution. approving an InterlocalAgreementwith  Mecklenburg, County andathercountlesthatshare useofthe reglonalradios wemlosieneRascMIRANRAVeNX  council  Staff Resource: Charles Robinson, Shared Services  Explanation  The City of Charlotte, Mecklenburg County, and the other government entities sharing the reglonal radio system (the "Member Entities"), desire to expand the system throughout the region, with the goal of enhancing and Improving Interoperabillty of public safety communications between and among government entities. To facilitate that effort, the Member Entitles wish to create a Regional Guide the strategic growth and development of the regional radio system; Establish regional performance and technical standards for the regional radio Establish Interoperabiity processes and procedures; and Provide at formal structure for ongolng oversight and administration. Article 20 of Chapter 160A of the North Carolina General Statutes authorizes the Member Entities to adopt an interlocal agreement establishing a Reglonal Radio Founding representatives of the Regional Radlo Advisory Council include Participating local governments will appoint one staff member to serve as Regional Radio Advisory Councll representative on behalf of their county. The Reglonal Radio Advisory Council representative serves in a technical and The City of Charlotte Shared Services Director will serve as llaison to the counc!l. The proposed Interlocal Agreement Is Intended to augment all existing Tactical Interoperablity Communications Plans published by signatory entities, the North Carolina Statewide Communications Interoperabilty Plan, and the National The Mecklenburg County Board of County Commissioners approved the Agreement on November 19, 2013, and appointed Chief. Jon Hannan, Charlotte Fire Department, as the regional radio advisory councll representative for The City of Charlotte and Mecklenburg County entered Into an Interlocal Agreement consolldating all functions of the Public Safety Radio Network within Mecklenburg County under the City of Charlotte In December of 2003. The Interlocal Agreement anticipated the regionalization of the radio system by stating, "The City and the County shall work together to foster reglonal use oft the Radio Network and will develop a regionai plan for approval by the Radio Communications Council to promote regional particlpation. The plan witl promote regional use of the Radio Network within the Network's present and future capacity. At all times public safety and homeland security The City is the lead agency for the regional communications interoperablity of publlc safety agencies within the Urban Area Securlty Inltiative 11-County  Radio Advisory Council that will:  system;  Advisory Council to fulfill these functions. Mecklenburg, Union, and Cabarrus Countles.  advisory capacity.  Emergency Communications Plan.  Mecklenburg County, Background  users will have priority."  November 25, 2013  54    City Counci! Agenda  Region. As the lead agency, the City has completed establishing the Infrastructure necessary for regional voice communications Interoperability with Since 2003, other local government entities including Unlon County, Cabarrus County, Kannapolls, Concord, and Gastonla have jolned Charlotte and Mecklenburg County In sharing use oft the regional components of the radio system and have signed service agreements to that effect. Reglonal Radio Advisory Council Interlocal Agreement Reglonal Radio Advisory Council Charter Reglonal Radio Advisory Council By-Laws  the support of several grants.  Attachment 19 Resolutlon  November 25, 2013  55    Revised 10/19/2007  Stanly County Board of Commissioners  Meeting Date  November 18, 2013 Andy Lucas, County Manager ITEM TO BE CONSIDERED  STANIN  y 55  Consent Agenda Regular Agenda  COUNTY Presenter:  Interlocal Agreement for Emergency Radio Services  Back in late June 2013, the County made a decision to construct al new 800 MHz public safety emergency radio system and join the Charlotte area network (also known as UASI - Urban Area Security Attached please find an Interlocal agreement with the City of Charlotte and Mecklenburg County for master site and regional asset maintenance/support cost sharing. The Interlocal agreement also provides the cost and structure for technical support, and outlines the governance for oversight oft the regional The County'si initial payment will commence one (1) year accepting a new and functional 800 MHz  Initiative).  emergency radio system assets. radio system in Stanly County.  Consider and approve the Interlocal agreement as presented.  APPROVED  Signature: Date: 11/18/13  Andy Lucas  Dept Central Administration Attachments:  X yes Certification of Action Certified to be at true copy oft the action taken by the Stanly County Board of Commissioners on Novlkber 18 2013 BNt Tyler/Brummitt, Clerk tot the Board  no  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  wils    CG 140/005  pllhglan  5.6 KD120  STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG  INTERLOCAL AGREEMENT FOR RADIO SERVICE 2013 by and between the CITY OF  THIS INTERLOCAL AGREEMENT FOR RADIO SERVICE (the' Agreement') is entered into on CHARLOTTE, al North Carolina municipal corporation ("Charlotte"), MECKLENBURG COUNTY, a political subdivision oft the State of North Carolina ("Mecklenburg County"), and STANLY COUNTY,a  2013 and made effective as of  political subdivision of the State of North Carolina ("Stanly County").  WITNESSETH:  WHEREAS, Charlotte and Mecklenburg County currently share an 800 MHz trunked radio WHEREAS, Charlotte has been designated the lead agency for regional communications interoperability of public safety agencies within the Urban Area Security Initiative (UASI) eleven county WHEREAS, Charlotte has completed establishing the infrastructure necessary for regional voice WHEREAS, the Radio System supports public safety needs and provides service to various Charlotte and Mecklenburg County departments and other local government entities in the region; WHEREAS, Stanly County and Chanote/ecAenpurg County recognize the need to ensure that public safety agencies have the communications infrastructure and regional integration to respond in a WHEREAS, Stanly County and Chanotte/Mecklenpurg County have made the enhancement of homeland security an increased priority, and both entities are committed to securing grant funds for the Radio System and to assisting each other in the recruitment of regional users fort the system; WHEREAS, Stanly County and Charotte/Mecklenourg County now desire to expand the Radio System into Stanly County through connection with the Stanly Radio Subsystem, and to consolidate WHEREAS, North Carolina General Statutes $5153A-445/a)1) and 160A-460 et. seq. authorize Charote/MecAenourg County and Stanly County to enter into an interlocal agreement regarding NOW THEREFORE, for and in consideration of mutual promises to each as herein after set forth, 1. EXHIBITS. The following Exhibits are attached to this Agreement and incorporated into and made a  system consisting of eight primary Simulcast tower sites and related operations;  region;  communications interoperability with the support of several grants;  coordinated, comprehensive manner to local and regional emergencies;  operation and management of the Radio System under the City of Charlotte; connection of the Stanly Radio Subsystem to the Radio System; the parties hereto do mutually agree as follows: part of this Agreement by reference:  Exhibit A: Exhibit B Exhibit C: Exhibit D  FCC Licenses  Baseline Radios and Consoles Service Level Agreement (SLA) Service Fee Schedule  1    Each reference to the Agreement shall be deemed to include all Exhibits. Any conflict between language in an Exhibit to this Agreement and the main body of this Agreement shall be resolved in  favor oft the main body of this Agreement.  2. Definitions.  2.1. "Baseline Number" means the number of radio and console units used by Stanly County and each of their Agencies as of the Effective Date., as set forth in Exhibit B. 2.2. "Stanly Administrator" means the entity designated by the Stanly RCC from time to time to serve as administrator for the Stanly Radio Subsystem. Stanly County has been designated 2.3. "Stanly Agency" means any division of Stanly County, or any other organization or division of an organization that operates within Stanly County, and has signed an agreement with the 2.4. "Stanly Radio Subsystem" means the 4-site, 8 channel ASTRO P25, Simulcast System located in Stanly County, all hardware and software encompassed in the foregoing, and all updates and enhancements to the foregoing, which subsystem will interface to the Regional Master Site and comprise an expansion oft the Radio System into Stanly County (though it will not be considered part of the Radio System for purposes of this Agreement). The Stanly Radio Subsystem will be owned by Stanly County at all times during and subsequent to the 2.5. "CPI Increase" means the percentage increase in the Consumer Price Index for all Urban Consumers ("CPI") during the twelve-month period preceding the date at which the CPI Increase is to be used for purposes of this Agreement. Ifthe CPI ceases to exist, then, for purposes of this definition, the parties agree to use whatever new or old index is substantially 2.6. Effective Date" means the date when this Agreement has been ratified by resolution by all 2.7. "FCC Licenses" means the authorizations issued by the Federal Communications 2.8. "Operator" means either Charlotte or Mecklenburg County, whichever is then responsible for the operation, maintenance, licensing and upgrade of the Radio System. Charlotte is the current Operator. If Mecklenburg County becomes the Operator, it will continue to fulfill the 2.9. "Public Safety Agencies" means Agencies whose primary function is law enforcement, fire fighting or emergency medical care, as reasonably determined by the Operator. 2.10. "Radio Communication Council" means the council of Stanly Agencies that use the Radio System, as described more specifically in Section 3.8 oft this Agreement. 2.11. "Radio Service Fee": means the annual fee to be paid by the Stanly Administrator for the Stanly Agencies for the performance of Operator Services and access to the Radio System, 2.12. "Radio System" means: (a) the 800 MHz trunked radio system infrastructure currently operated by Charlotte (consisting of eight primary Simulcast tower sites and related  the Stanly. Administrator as of the Effective Date. Stanly Administrator for use of the Radio System,  term of this Agreement.  equivalent to the CPI.  governing units that are listed as a party to this Agreement. Commission ("FCC") which are listed in Exhibit A.  terms of this Agreement.  as described more specifically in Exhibit D.  2    operations), (b) the Regional Master Site and all subsystems currently a part of the radio system by agreement with the Operator, (c) all hardware and software encompassed in the foregoing infrastructure; (d) all updates and enhancements to the foregoing; and (e) the FCC Licenses. The Radio System does not include mobile and portable radio subscriber devices, 2.13. "Regional Master Site" means the radio infrastructure and associated site(s) used by the Operator to control the network, optimize performance, and facilitate interoperable 2.14. "Regional Radio Board" means the regional radio board created by the Interlocal Agreement for Regional Radio Agreement entered into by and among Charlotte and various other government entities 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) 2.15. "Service Level Agreement" or "SLA" means the agreement setting forth the detailed obligations of Charlotte and Stanly County and attached as Exhibit C to this Agreement.  nor does iti include the Stanly Radio Subsystem.  communications between the different agencies and radio subsystems.  establish interoperability processes and procedures.  3. Responsibilities of the Parties.  3.1. FCC Licenses. Throughout the term of Agreement, Stanly County will provide the Operator the use of radio frequencies licensed to Stanly County pursuant to the FCC Licenses attached as Exhibit A. All FCC license shall remain the sole property of the original licensee. Itis is understood and agreed by the parties that the FCC Licenses identified in Exhibit A are subject to amendment as the Stanly Radio Subsystem is built out, and that Stanly County will be responsible for obtaining FCC amendment of the FCC Licenses to list all new Stanly County locations. The Operator shall remain responsible for ensuring that the frequencies are properly used. Other than the amendments referenced above, the Operator shall perform the necessary administrative responsibilities with regard to the FCC Licenses, which shall include the timely renewal of all licenses and responding to all FCC inquiries. During the term of this Agreement, neither party shall take any action, or fail to take any action, in respect to the FCC Licenses the result of which would be to inhibit or prevent operation of the 3.2. Operator Responsibilities. The Operator will be responsible for performing the functions set forth in Exhibit C, the SLA, relating to the management of the Stanly Radio Subsystem 3.3. Radio Service Fees. As a condition to using the Radio System and performance of the Operator Services, the Stanly Administrator shall pay the annual Radio Service Fee to the Operator, as described in Exhibit D. On or before December 31st of each year, the Operator will calculate and notify the Stanly Administrator of the Radio Service Fees for the upcoming welve-month period beginning on July 1st of that year (the "Fee Notice") based on the then current Service Level Agreement. On or before January 31st of each year, the Stanly Administrator shall notify the Operator of any disagreement with any of the information reflected on the Fee Notice or any proposed changes to the Service Level Agreement. Radio Service Fees and the allocation thereof will be reviewed over time by the Operator as infrastructure and customer changes occur, any proposed changes to customer fee allocations will be reviewed by the Regional Radio Board. The Operator shall adjust the Radio Service Fees each year in advance to an amount necessary to fund the costs associated with the Operator Services. Notwithstanding the foregoing, the types of costs taken into account in determining the Radio Service Fees shall be limited to the types of costs shown for Stanly County in Exhibit D. The Stanly Administrator will be responsible for paying the Radio Service Fees to the Operator in accordançe with Section 3.6.  Radio System or otherwise frustrate the intent of this Agreement.  and Radio System ("Operator Services").  3    3.4. Limit on Increases to Radio Service Fees. Notwithstanding the above, the Operator shall not increase the amount of the Radio Service Fees for a given year by more than the percentage CPI Increase during the preceding calendar year (such number being referred to as the "Allowed Percentage Fee Increase"), except to the extent that such increase became necessary as a result of a percentage price increase during the preceding calendar year of more than the Allowed Percentage Fee Increase for goods or services purchased from a third party and required for Operator Services provided that such price increase is not due to delay orn negligence on the part of the Operator or was not reasonably avoidable by the Operator, and provided further that any such increase attributable to the Radio System is appropriately allocated among all subscribers of the Radio System. The Operator will notify Stanly Administrator of any changes to each fiscal year's Radio Service Fee not later than December 315' oft the preceding fiscal year (assuming the fiscal year begins on July 1). 3.5. Exception for Force Majeure or Unanticipated Expense. Upon the occurrence of a Force Majeure Event (as defined in Section 6.5), or an Unanticipated Expense (as defined below), the Operator shall have the option to do one of the following: (a) assess the Stanly Agencies as special, one-time charge to pay the expenses made necessary by the Force. Majeure Event or Unanticipated Expense ("Emergency Expenses"); or (b) fund the cost of the Emergency Expenses to the extent that Charlotte City Council has appropriated funds that can be used for this purpose, and obtain reimbursement of such payments from future Radio Service Fees; or (c) fund the cost of the Emergency Expenses through a plan approved by the Operator, Mecklenburg County and Stanly County; or (d) ifit is no longer in the Operator's best interest to operate the Radio System as a result of the Force Majeure Event (such as, for example, in a situation where the Radio System is no longer operable and there are no funds appropriated to make it operable), elect to cease operating the Radio System and terminate this Agreement upon ninety (90) days prior written notice to Stanly County. If the Operator elects options (a) or (b) of the preceding sentence and the result will be to increase the charges to Stanly County for using the Radio System by more than 25% for that year, then Stanly County, acting collectively, shall have the option to terminate this Agreement upon sixty (60) days prior written notice to the Operator, unless the Operator notifies them in writing after receipt of such termination notice that the Operator has found an alternative way to fund the Emergency Expense, or has found a way to operate the Radio System without 3.6. Payment of Radio Service Fees. The Stanly Administrator will serve as administrative contact for the Operator with respect to management of the Stanly Radio Subsystem. The Operator will bill Stanly County directly for the Radio Service Fees, and Stanly County will be responsible for collecting the Radio Service Fees from any other Stanly Agencies that are not part of Stanly County. Stanly County shall pay the Radio Service Fees to the Operator semiannually in advance, not later than August 319+ and January 31st of each year for the fiscal year beginning on the preceding July 1. In the event Stanly County fails to pay the Radio Service Fees within sixty (60) days after receiving written notice from the Operator that such charges are overdue, the Operator may cut off access to the Radio System until such 3.7. Strategic Plan. The Operator and the Stanly Radio Communications Council ("RCC") will be jointly responsible for the development and biennial review of a strategic plan for upgrading and modernizing the Stanly Radio Subsystem (the "Strategic Plan"). The Strategic Plan will describe all plans for upgrading and adding to the Stanly Radio Subsystem over a ten-year period, and will address mobile data and any other new technologies that may offer improvements in the functionality or reliability of the Stanly Radio Subsystem. The biennial review of the Strategic Plan will assess progress made during the preceding year and any new developments that may impact the Strategic Plan. Every three years the Operator and Stanly RCC will jointly update the Strategic Plan to evaluate the impact to the Radio System and the Stanly Radio Subsystem, incorporate new developments, modify project plans and  incurring such expense.  time as the Operating Cost is paid.    identify funding requirements. The Strategic Plan and all changes to it will be reviewed and approved by the Business Support Services Key Business Executive and by the Stanly RCC, provided that the Stanly RCC shall not have the right to veto any item in the Strategic Plan that does not: (a) materially increase a Stanly Agency's Radio Service Fees as defined in Section 3.3, or (b) require a Stanly Agency to make a significant investment in new equipment; or (c) have a material negative impact on a Stanly Agency's ability to use the Radio System or the Stanly Radio Subsystem, including creating problems involving capacity or interoperability. The Stanly RCC shall be deemed to have approved the Strategic Plan unless within sixty days after the RCC's receipt of the Strategic Plan, the Stanly Administrator gives the Operator specific written notice of each objection thereto. However, neither the Homeland Security Director nor the Business Support Services Key Business Executive shall have the authority to commit Charlotte, Mecklenburg County or any of Stanly County to spend any funds on the Radio System or the Stanly Radio Subsystem outside of the Radio Service Fees as required by this Agreement. All budgetary and funding commitments on the part of Charlotte and Mecklenburg County must be approved by City Council and the County Board of Commissioners, respectively, and all budgetary and funding commitments on the part of Stanly County must be approved by the Stanly County Board of Commissioners, other than the Radio Service Fees which were approved by each entity's governing board through 3.8. Stanly Radio Communications: Council. The parties recognize that the Stanly Radio Subsystem serves Stanly County, and that Stanly Agencies have a legitimate interest in the operation, maintenance, and management of the Stanly Radio Subsystem. Therefore, Stanly County, agrees to establish a Radio Communication Council (the "Stanly Radio Communications Council," or the "Stanly RCC") to discuss and make decisions regarding all approvals, input and other action items required under this Agreement (including but not limited to providing guidance to the Operator in developing the Strategic Plan). The Stanly RCC shall appoint the Stanly Administrator, and the Stanly Administrator shall accept notices and communicate with the Operator on behalf oft the Stanly RCC regarding all approvals and other actions required by this Agreement. At execution of this Agreement, the Stanly RCC has designated Stanly County as the Stanly Administrator. The Stanly RCC may change the Stanly Administrator by agreement in accordance with Stanly County' Interlocal agreement, 3.9. Regional Radio Board. The parties acknowledge that the Regional Radio Board has been established 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 Service Agreement, Stanly County agrees to have a single representative properly appointed by the: Stanly RCC to serve on the Regional Radio Board to represent all Stanly Agencies. 3.10. Adding Additional Radios. Stanly County shall be entitled to use the Baseline Number of radios on the Stanly Radio Subsystem. In addition to the Baseline Number, Stanly County shall be entitled, through the Stanly Administrator: (i) to add additional public safety radios to the Stanly Radio Subsystem by notifying the Operator, and (i) to add non-public safety radios to the Stanly Radio Subsystem by notifying the Operator, provided that adding such non- public safety radios will not in the Operator's reasonable judgment reduce agreed upon service level for the Stanly Radio Subsystem or the Radio System. Ifa Stanly Agency requests an increase in radios that will require a change in the Service Level Agreement, the Operator and the Stanly Administrator will work jointly to determine "remedy" option(s). Ifan agreed option includes need of Stanly Radio Subsystem upgrades or increased service staffing, etc., the operator can increase the Stanly Agency's Radio Service Fees for that fiscal year to account for any costs realized by the Operator for such additional service level that are agreed upon by both parties in advance, provided that if no agreement is reached then  the resolution authorizing this Agreement.  upon thirty (30) days prior written notice to the Operator.  the Operator may deny the request to increase the radios.  5    3.11. Priorities and Restriction of Access. While consideration will be given to any reasonable request for use of the Radio System, the Operator will make access decisions regarding the addition of non-public safety radios with the goal of ensuring that agencies already utilizing the Radio System will not be negatively impacted by the addition of a new Stanly Agency or additional radios to the Stanly Radio Subsystem. It is also understood that public safety agency access and utilization of the Radio System is first priority and that the access of other agencies, whether currently on the Radio System or requesting service in the future, may be restricted to avoid negatively impacting the use of the Radio System by Public Safety Agencies. However, the Operator will seek to avoid restricting Stanly Agency access by reducing or terminating non-essential features such as private call and telephone interconnect, with public safety receiving first priority. The Operator will notify the Regional Radio Board when new access requests have the potential to require reprioritizations or 3.12. Emergency and Planned Access By Agencies Outside The Radio System. The Operator is authorized to provide temporary emergency radio access to public safety agencies that are not on the Radio System upon request. Temporary access for anything other than an emergency must be coordinated with the Operator as soon as reasonably practicable, but not later than the sooner of: (a) 14 calendar days prior to the date access will be needed by the Stanly Agency; or (b) the date the Stanly Agency first learned of the event giving rise to the need for access. For purposes of this Agreement, emergencies include only those events that could not have reasonably been foreseen. Speedway events and other 3.13. Radio System Identification Access Code and System Key. It is contemplated that the Stanly Agencies will each have their individual radio units programmed either by the Operator or by an authorized representative of the Operator. Stanly County will not have access to the Radio System identification access code nor to the system key, except pursuant to a separate written agreement signed by the Operator that will address restrictions on access to 3.14. Access to Facilities, Software and Equipment. Throughout the term of this Agreement, the Stanly Agencies shall provide the Operator with unlimited access to any equipment or software in their possession or control that the Operator needs to access in order to perform its 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 during  restrictions that impact current Radio System participants.  planned functions will not be deemed emergencies.  such information and remedies in the event of default.  leap years).  4. Term and' Termination.  4.1. Due to the terms, conditions and mutually beneficial purposes of this Agreement, iti is reasonable for the duration of this Agreement to be perpetual. Therefore, the term of this Agreement shall commence on its Effective Date and shall continue until terminated in accordance with the termination provisions of this Agreement. Notwithstanding the foregoing, the parties to this Agreement shall meet during the seventh (7") year following the Effective Date and thereafter every five years to review this Agreement. Upon termination of the Agreement, the Stanly Radio Subsystem shall remain the property of Stanly County, and the Operator's rights to use the radio frequencies licensed to Stanly County pursuant to the FCC Licenses attached as Exhibit A shall revert to Stanly County (with each entity owning the licenses that it owned prior to the Effective Date of this Agreement). Notwithstanding the forgoing, the event of termination: (a) Stanly County shall have no use or ownership rights with respect to 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 for use within the Radio System, except upgrades that have been made to the Stanly County Subsystem during the duration of this Agreement that cannot practicably be removed without a material detrimental impact to the  6    Stanly County Subsystem ("Essential Upgrades") will belong to Stanly County. The parties agree that the Essential Upgrades will not include system to system connectivity hardware and software that is used to connect the Stanly Subsystem to the Radio System. The parties further agree that the Essential Upgrades purchased with UASI funds will not belong to Stanly County to  the extent prohibited by the 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 under such terms as may be agreed to by the parties. The parties shall take into consideration 4.2.2. Termination for Default. The Operator may terminate this Agreement on behalf of Charlotte and Mecklenburg County in the event any of Stanly County materially breaches this Agreement and fails 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 18t following Stanly County' failure to cure. Stanly County (acting collectively) may terminate this Agreement with respect to Charlotte and Mecklenburg County in the event the Operator materially breaches this Agreement and fails 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 1st following the Operator's failure to cure. Notwithstanding the forgoing, ift the breach in question cannot reasonably be cured within a six month period, then the cure period shall be automatically extended for at 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 notice of breach under this Section shall not be effective unless it specifically identifies the breach and what must be done to cure it. Nothing herein shall be deemed to prohibit the Operator from cutting off radios pursuant 4.2.3. Termination Without Cause. Either Charlotte and Mecklenburg or Stanly County may unilaterally terminate the Agreement upon twenty-four (24) months notice in writing to the 4.2.4. Termination Due To Force Majeure. The parties may terminate this Agreement under the terms and conditions set forth in Section 6.5 in the event of al Force Majeure Event. 4.2.5. Termination Due To Emergency Expense or Unanticipated Expense. The parties may terminate this Agreement under the terms and conditions set forth in Section 3.5in 4.2.6. Any Termination Must Apply to All Entities. Notwithstanding the foregoing, if the Operator terminates this Agreement under any of the preceding provisions, then such termination: (a) shall be through a written notice signed by the Operator (b) shall be on behalf of both Charlotte and Mecklenburg: and (c) shall be effective as to all Stanly Agencies on the same date. Notwithstanding the foregoing, if Stanly County terminates this Agreement under any of the preceding provisions, then such termination: (a) shall be through a written notice signed by Stanly County; (b) shall be on behalf of Stanly Agencies; and (b) shall be effective as to Charlotte and Mecklenburg on the same date.  the effect of termination on all users of the Radio System.  tos Section 3.6 in the event of non-payment.  other party.  the event of a Force Majeure Event.  5. NOTICES. Any notice, consent or other communication required or contemplated by this Agreement shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier. Each party may change its address for notification purposes by giving the other party written notice of the new: address and the date upon which its shall become effective.  7    5.1. Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this  Agreement shall be sent to: For Charlotte Name: Charles L. K. Robinson City of Charlotte - 9"F Floor 600 East Fourth Street Charlotte, NC 28202 Phone: 704-432-3539 Fax: E-Mail lonsongenarotencgow With Copy To: Name: Cindy White City Attorney's Office 600 East Fourth Street Charlotte, NC: 28202 Phone:704-336-3012 Fax: E-Mail: whte@chanotenc.cox Operator's Representative: Danny Lovett City of Charlotte 527 Spratt Street Charlotte, NC28206 Phone:704-336-2381 Fax: E-Mail: lovett@charioltencgov For Mecklenburg County: Name: John McGillicuddy Mecklenburg County 600 East Fourth Street Phone:704-336-2661 Fax: E-Mail: With Copy To: Name: County Attorney's Office 600 East Fourth Street Charlotte, NC 28202  For the Stanly County Name: Stanly County Address: Phone: Fax: E-Mail: With Copy To: Name: County Attorney's Office  Phone: Fax: E-Mail:  omn.colcuooyemec.enpupounynegor  8    Phone: Fax: E-Mail  5.2. All other notices shall be sent to the Operator's Representative Manager (ift to Charlotte), and tot the Radio Manager designated by the party in question, if to Mecklenburg County, or Stanly County as identified at the most recent address provided in writing by such party.  6. Miscellaneous.  6.1. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement between the parties with respect to the subject matter herein, There are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Agreement supersedes all prior agreements, negotiations, 6.2. AMENDMENT. No amendment or change to this Agreement shall be valid unless in writing 6.3. GOVERNING LAW AND VENUE. North Carolina law shall govern the interpretation and enforcement of this Agreement, and any other matters relating to this Agreement (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating to this Agreement shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Agreement, the parties submit to thej jurisdiction of said courts and hereby irrevocably waive any and all objections they may have with respect to venue in any court sitting in Mecklenburg County, North Carolina. 6.4. BINDING NATURE AND ASSIGNMENT. This Agreement shall bind the parties and their successors and permitted assigns. No party may assign this Agreement without the prior written consent of the other parties. Any assignment attempted without the written consent of 6.5. FORCE MAJEURE. Neither party shall be liable for any failure or delay in the performance of its obligations pursuant to this Agreement and such failure or delay shall not be deemed a default of this Agreement or grounds for termination hereunder if such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, tornado, lightning strikes, elements of nature or other acts of God, or by acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, court order not attributable to the negligence, misteasance or malfeasance of the Operator, or other acts or circumstances outside the Operator's reasonable control. Each of the foregoing shall be deemed a "Force Majeure Ifany party is prevented or delayed in the performance of its obligations hereunder by a Force Majeure Event, that party shall immediately notify the other parties in writing of the reason for the delay or failure to perform, describing in as much detail as possible the Force Majeure Event causing the delay or failure and discussing the likely duration of the Force Majeure Event and any known prospects for overcoming or ameliorating it. The Operator agrees to take all reasonable measures to overcome or ameliorate any Force Majeure Event affecting the Radio System, exclusive of the Stanly Radio Subsystem, and its adverse effects on this Agreement, and to resume performance as completely as is reasonably possible once the Force Majeure Event is overcome or ameliorated. Stanly County agrees to take all reasonable measures to overcome or ameliorate any Force Majeure Event affecting the  representations and proposals, written or oral.  and signed by the party against whom enforcement is sought.  the other parties shall be void.  Event" for purposes of this Agreement and the Service Level Agreement.  9    Stanly Radio Subsystem and its adverse effects on this Agreement, and to resume performance as completely as is reasonably possible once the Force Majeure Event is overcome or ameliorated. Notwithstanding the foregoing duties of the parties, either the Operator or Stanly County may elect to terminate this Agreement with ninety (90) days written notice to the other parties hereto if: (1) if the Force Majeure Event has rendered the Radio System inoperable and insufficient funds have been appropriated for the Operator to make the Radio System operable; or (i) if the Force Majeure Event has rendered the Stanly Radio Subsystem inoperable and insufficient funds have been appropriated for Stanly County' to make it operable. Notwithstanding: the foregoing, a Force Majeure Event may 6.6. RIGHT TO, AUDIT. Any party shall have the right to audit ati its own expense any of the other parties' records associated with the Radio System or the Stanly Radio Subsystem, including financial records, maintenance logs, incident reports, and any other records, during the term of this Agreement and for a period of three years after its termination. Each party will make all such records available for copying and inspection on reasonable notice during regular 6.7. SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Agreement shall not affect the validity of the remaining portion of this Agreement so long as the material purposes of this Agreement can be determined and effectuated. Ifany provision oft this Agreement is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Agreement shall be deemed amended by modifying such provision to the extent necessary to make ite enforceable while preserving its intent. 6.8. WAIVER. No delay or omission by any party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any covenant or breach of this Agreement shall not constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party 6.9. SURVIVAL OF PROVISIONS. Those Sections of this Agreement and the Exhibits which by their nature would reasonably be expected to continue after the termination of this Agreement 6.10. FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. In performing the services pursuant to this Agreement, the parties shall comply with all laws, rules, regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, 6.11. TITLES OF SECTIONS. The section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. 6.12. CONSTRUCTION OF TERMS. Each of the parties has agreed to the use of the particular language of the provisions of this Agreement and any questions of doubtful interpretation shall not be resolved by any rule or interpretation against the drafters, but rather in accordance with the fair meaning thereof, having due regard to the benefits and rights 6.14 NDEMMIFICATION. To the extent permitted by applicable law, each party (as the "Indemnifying Party") agrees to protect, defend, indemnify and hold the other parties, their, officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens,  result in an increase in Radio Service Fees as provided in Section 3.5.  business hours.  waiving the rights.  shall survive the termination of this Agreement.  authorities, and courts having jurisdiction.  intended to be conferred upon the parties.  10    demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of this Agreement and/or the performance hereof that are due to the negligence of the Indemnifying Party, its officers, employees, subcontractors or agents. To the extent permitted by applicable law, the Indemnifying Party further agrees to investigate, handle, respond to, provide defense for, and defend the same at its sole expense and agrees 6.15 LIMITATION OF LIABILITY / EXCLUSIVE REMEDY. The Stanly Agencies' remedies for breach of this Agreement by the Operator are limited to a refund of Radio Service Fees paid under this Agreement for the year in which the breach occurred, and termination of this Agreement in accordance with Section 4. To the fullest extent permitted by law, neither Charlotte, nor Mecklenburg nor the any of Stanly County shall be liable to the other parties or to any third party for any direct, consequential, indirect, special damages, lost profits or attorneys' fees in connection with any matters relating to this Agreement, and both parties hereto waive any right they may have under this Agreement, at law or in equity to recover 6.16 DISPUTE RESOLUTION. If any Stanly Agency has a concern related to the Radio Services provided under this Agreement, the Stanly Agency shall first contact the following individuals  to bear all other costs and expenses related thereto.  such damages, profits or fees from the other party.  with the City, to discuss the concerns:  Danny Lovett  Operator's Representative  704.336.2381  If after contacting the above-listed individuals, or their successors, the Stanly Agency's concerns have not been resolved, the Stanly Agency shall escalate their concerns to the City's Business Support Services Key Business Executive (BSS KBE), who will designate a team to discuss the concerns face-to-face within thirty (30) days after receiving notice that the Stanly Agency was unable to resolve its concerns by discussions with Operator's Representative. The Stanly Agency shall follow this process for dispute resolution prior to initiating any civil action or other proceeding against the City in connection with this Agreement. Notwithstanding the foregoing, if an issue comes to the Shared Services Director that is within the responsibilities of the Regional Radio Board as set forth in the Regional Radio Board governing documents, the Shared Services Director will refer the issue to the 6.17 COOPERATION REGARDING FUTURE GRANTS. The Operator and the Stanly Agencies will cooperate in good faith in applying for and obtaining any future grants for projects or purchases that the parties mutually agree are consistent with the needs of the Radio System and the Stanly Radio Subsystem and will be feasible within budgetary constraints. The  Regional Radio Board.  parties may also pursue individual grant opportunities.  IN' WITNESS' WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Agreement to be executed on the date first  written above. ATTESTED: BY:  STANLCOUNTY A  BY: NAME:  yu-But  Edek  TITLE: Ghafman DATE: 1-1813  11    ATTESTED:  CITY OF CHARLOTTE  mhuly Alung BY:  ASRL 13/1/20k97 MECKLENBURG COUNTY  NAME: EAOGpurL TITLE: ASSISTHT by MHNAGER  DATE:  ATTESTEP:  1 BY: COL NAME: CHRIS PEEK TITLE: DEPVTY Cowry MANAGER DATE: 4.8.14 This instrument has been preaudited int the manner required'by the Local Government Budget and Fiscal Control Act. Nô Preaudi) Meguwd manda Rev Director of Finance Mecklenburg County  This instrument hasbeen preaudited int the manner required by the Local Government Budget and Fiscal Control  Act.  MK  Direçtor of Finance Cityofc Charlotte /  This instrument has been preaudited int the manner required by the Local Government Budget and Fiscal Control DirectorofFinance HBKrn Stanly County  APPROVED AS TO FORM: ENB  Act.  12    Exhibit A FCC Licenses  No frequencies included as of the date of agreement execution  13    Exhibit B  Baseline Radios and Consoles 300 subscriber units and 9 communications consoles  Stanly: Others: TOTAL:  1300 subscriber units 1609  Notwithstanding anything contained herein to the contrary, no services will be provided for personal radios (those not owned by the Stanly Agency paying for the applicable service)  14    Exhibit C  Service Description and Service Level  15    DESCRIPTION OF RADIO SERVICE  Unless otherwise defined herein, capitalized terms in this Exhibit shall have the same meanings as are In consideration of Stanly County performance of their obligations under the Agreement, including payment of the Radio Service Fees, the Operator will provide the following services: 1. MANAGEMENT RESPONSIBILITIES. Operator willl be responsible for all functions relating to the operation, management, maintenance, licensing, and upgrade of the Radio System. These functions  assigned to such terms in the main body oft the Agreement.  include, but are not limited to:  1.1. Radio System Operation and Management.  .1.1.Assignment of radio dentification numbers for subscriber radios. 1.1.2. Management oft the Regional Master Site Controller database. This includes the assignment and deletion of subscriber IDs, the assignment and control of features such as private call, messaging features, and Security Group assignment. 1.1.3.Negotiation, implementation, and monitoring of all contracts and leases required for the operation of the Radio System (within the bounds of the Operating Budget). 1.1.4. Providing necessary reports and updates related to the Radio System and Stanly Radio 1.1.5.Evaluation of all requests for new or additional equipment, including the potential fora adverse loading effects. The request and evaluation may be presented to the Stanly Radio Communication Council for consideration and comments. 1.1.6 Managing the loading and performance of the Radio System.  Subsystem operation and upgrade projects.  1.2. Fixed Site Management.  1.2.1. Maintaining all fixed site equipment associated with the Radio System and the Stanly 1.2.2. Using diligent efforts to ensure that all Radio System and the Stanly Radio Subsystem equipment failures and/or problems receive priority service necessary to maintain the 1.2.3. Submitting status reports and updates on construction projects relating to the Radio System or the Stanly Radio Subsystem to the Stanly Radio Communication Council. 124.Documentation and maintenance of all equipment records associated with the fixed site equipment utilized in the Radio System and the Stanly Radio Subsystem.  Radio Subsystem.  agreed upon system availability (see paragraph: 2.1.1).  1.3. Strategic Planning.  1.3.1. Design and support associated with sufficient signal strength coverage on the Radio System and the Stanly Radio Subsystem for public safety services. 1.3.2. Identifying and evaluating new technology and/or potential enhancements and upgrades for the Radio System and the Stanly Radio Subsystem. 1.3.3.Working with the Stanly Radio Communication Council to develop the Strategic Plan" 1.3.4. Working with the Stanly Radio Communication Council to review and update the Strategic Plan every two years. The Radio Communication Manager will make a report at the end ofe each fiscal year to inform all parties of progress being made to implement the  as described in Section 3.7.  Strategic Plan.  16    1.4. Development of Budget and Chargeback Model  1.4.1.Adjusting the annual Radio Service Fees if necessary as provided in the Agreement. 1.4.2.Development of capital and operating budgets necessary for the operation, maintenance, 1.4.3. Review and revise radio services chargeback models as required to ensure appropriate 2. RADIO NETWORK SERVICE LEVELS. The Operator will provide thei following levels of service to  and upgrade of the Radio System.  allocation of Radio System and Stanly Subsystem costs.  the Customer.  2.1.1."Radio Network Availability" is defined as the total actual uptime oft the Radio  System and Stanly Radio Subsystem divided by the amount of possible available uptime less: (a) scheduled downtime and (b) downtime due to Force Majeure. The Targeted Network Availability" is 99.9%, as measured by the Motorola Monthly Metrics Report. 2.1.2.lft the Radio Network. Availability, as measured byt the Motorola Monthly Metrics Report, is less than Targeted Network Availability fort three consecutive monthly reporting periods, or four months out of any consecutive twelve-month period, the Stanly Agency will receive a credit against future Radio Service Fees equalt to 25% of the operating expense portion of the Stanly Agency's Radio Service Fee for each month of non- 2.1.3. IfRadio Network Availability drops below Target Network. Availability for two consecutive monthly reporting periods, the Radio Communication Manager willi inform all affected Stanly Agencies as to the nature oft the problem, the proposed resolution and the 2.1.4. Upon written request to the Operator, the Stanly Administrator will receive a copy oft the monthly "Metrics Report" delivered by Motorola, or any other company then monitoring 2.2. Service Level for Network Access. The Operator shall comply with the following "Service 2.2.1. New radio IDs will be issued within 2 working days of receipt of request, provided that the Operator's Representative has determined that such additional radios are allowable 2.2.2. Operator will provide level of access to personnel approved by the Stanly Administrator needed to make subscriber update changes to the User Configuration Manager (UCM). 2.3. Service Level Requirements for Emergency Service Calls. The Operator shall comply with 2.3.1.Definition of Emergency Service Calls. Severity Level 1 calls as defined in the chart below shall constitute "Emergency Service Calls." All Severity Level 2 and below service calls shall constitute "Routine Service Calls, and shall be subject to Section 2.4of  compliance.  timeframe for resolution. the Radio Network. Levels fori Network Access."  within the terms of the Agreement.  the following "Service Levels for Emergency Service Calls."  this Exhibit.  17    Severity Level  Problem Type and examples (If applicable) Regional controller down. Network Down.  Severity 1  Total loss of communications or functionality. Network in' "Site trunking" (HP or Database  Affected equipment is in excess of 20% at server down).  any one site or location. 7X24 response THIS IS DENOTED BY THE STANLY AGENCIES AS AN EMERGENCY SERVICE CALL Severity 2 not in excess of 33% at any one site or location. 8X5 standard business day response. THIS IS DENOTED BY THE STANLY AGENCIES/ AS A' "ROUTINE SERVICE CALL". ALL SEVERITY2/ AND BELOW ARE "ROUTINE SERVICE CALLS" Severity 3 ROUTINE Severity 4 scheduled date. ROUTINE  Console down.  Configuration issues Single X-terminal  Network impaired, but affected equipment is problem (local or remote).  Trackball broken  Upgrades or intermittent problems, Network Scheduled Preventative Maintenance. Scheduled upgrades and Network expansions.  Non-critical questions. Technician is not on problems presently being monitored.  site. 8X5 standard business day response. Parts Question.  Specific statement of work performed at  2.3.2.Service Levels for Emergency Service Calls  Service Level for Emergency Response To Emergency Service Calls  Service Calls Operator (land line, cellular or radio) Call Logging Call Routing  Telephone Answering by Human 100% of calls answered will be answered by al Human Operator.  This is currently Motorola's responsibility. 100% of onsite emergency calls logged within 1 hour. 100% of calls routed within 15 minutes of call conclusion. This is Radio Technician arrives, troubleshoots, diagnoses, starts repairs, or swaps out failed equipment, 80% of requests within 2.5 hours, begin within 2.5 hours (including work performed remotely) 100%  currently Motorola's responsibility.  Repair of Covered Equipment (for which the Stanly Agency this Agreement)  purchases maintenance under provided that ift the request involves the radio console work, will  of the time.  2.4. Service Level Requirements for Routine Service Calls. The Operator shall exercise reasonable diligence in responding to Routine Service Calls, and will provide the Stanly Agencies with the same level of service in this regard as is received by Operator's agencies.  18    3. MAINTENANCE SERVICES. The following services are provided as an optional service referenced in Exhibit D technician support". If the 'technician support" optioni is not chosen, the Operator will provide such services ifa and when requested by the Customer based on resource availability and at 3.1.Installation and removal of mobile equipment. Installation and removal of electronic equipment mounted in a vehicle or on motorized equipment. Ifa Stanly Agency elects to 3.1.1.Removals ofe electronic equipment will be performed within one working dayf for 3.1.2.Installation of electronic equipment willl be performed within two working days 3.1.3.All work will be completed to specifications and price agreed to at time of  the Operator's then current prices for such service.  purchase such service, the following service levels shall apply: work scheduled five working days in advance. for work scheduled five working days in advance.  scheduling.  3.2. Maintenance of electronic equipment. This includes maintenance of all handheld radios, mobile radios, and other vehicle mounted electronic equipment except computers. Included in the maintenance of radio equipment service is unlimited re- programming of radio equipment. If as Stanly Agency elects to purchase such service, the following service levels shall apply. 3.2.1.Equipment will be repaired within five working days except where parts are not  available or other circumstances exist that are beyond our control. For repairs that cannot be completed within thet five days, the customer will be contacted and a completion completed on ai first come first served basis in the drive through. Once started, these scheduled, except in quantities in excess oft twenty for which a completion schedule will  schedule established.  3.2.2.Lightbars, fuses, sirens, mounting equipment, and other minor repairs will be 2.3.Programming of radio equipment willl be performed within two working days if  repairs will be completed within 30 minutes.  be established.  3.3. Batteries. The Operator agrees to maintain a stock of batteries for the radios utilized on the radio system. Batteries can be purchased att the Motorola Trunked Customers Group Price. 3.4.Consultation and Project Management Services. The following Services may be purchased from the Operator on a case-by-case basis on terms mutually acceptable to the Stanly Agency 3.4.1.Assistance in the design and installation of specialized communication systems. 3.4.2.Alls special projects will be completed to project specific agreed upon standards. 3.4.3.Project pricing and scheduling will be negotiated with the requesting Stanly Agency. 4. EXCLUDED SERVICES. The Radio Service shall not include andi the Operator shall not be required 4.1.Services to equipment which has become defective other than through normal wear and usage,  and the Operator.  top perform the following:  such as, but not limited to:  4.1.1.Accidents, physical or electronic misuse or abuse.  19    4.1.2.Unauthorized attempts by personnel or third parties not from the Operator's Radio 4.2.Services to equipment thati is necessary because of unauthorized relocation, reinstallation, or other activities that have altered the equipment or Radio System or Stanly Radio Subsystem. 4.3.Services required because of unauthorized connection of radio equipment to other machines, 4.4.Services required because of unauthorized alterations to other equipment, machines or devices to which the equipment or Radio System or Stanly Radio Subsystem is connected. 4.5.Service needed for Computer terminal due to phosphor burned or defective CRTS. 4.6.Service to personal radios (those not owned by the Stanly Agency paying for service)  Shop to repair, maintain or modify the equipment.  equipment, or devices.  20    Exhibit D  FEES FOR EQUIPMENT MAINTENANCE AND SUPPORT  21    FEES FOR EQUIPMENT MAINTENANCE AND SUPPORT. Annualized costs associated with services to be provided are detailed below. These costs willl be reviewed annually in accordance with Section 3 of Annualized costs in the Contract Costs section below will begin one (1) year after acceptance of the Motorola system. Actual charges will be prorated based on date of system acceptance.  the Agreement.  Motorola Contract Costs SSC with Metrics System Support - Cover the cost of monitoring the system forf failures, technician dispatch, engineering/technico. support, and performance reporting Upgrade Assurance ProgramSUA II) Cover hardware and software cost necessary for keeping the system current. Infrastructure Repair/Advanced Replacement Cover the repair of infrastructure equipment. Allows for the replacement offailed equipment. immediately without waiting several days for repairs, dependent on part  Annualized $72,575  $74,550  $57,326  availability. Stanly Contracts Total  $204,451  Charges below will not bei in effect until such time as the Stanly Subsystem is connected to the Regional Radio System. Pricing belowi is annualized costs. Actual charges willl be prorated based on date of  service connection: Master Site Shared Cost (19.8%) Upgrade Assurance ProgramSUAl) Cover software and hardware cost necessary for keeping the system current. System. Support Cover the cost of monitoring the systemj forj failures, technician dispatch, enginering/tecnnica. support, training and performance reporting Infrastructure Repair/Advanced Replacement Cover the repair of infrastructure equipment. Allows for the replacement of failed equipment immediately without waiting several days for repairs. Regional Master Site Total Contract Section Subtotal  Master Site Total $228,368 $278,024  $45,217 $55,049  SSC  $7,895  $39,871  $108,161 $312,612  $546,263  22    Charlotte CIT Support  $126,900  This cost is for support provided to ensure proper maintenance and operation oft the Stanly Radio Subsystem. It includes tower infrastructure maintenance, RCC support, console maintenance, planning, and administration work effort equivalent to one full time network engineer, radio account management services equivalent to one- fourth business system associate FTE and related radio service management and  strategic planning. TOTAL  $439,512 $88,336  Technician support (optional) AFTE (full-time equivalent) technician to provide subscriber equipment troubesnoting/repat, radio programming. Support can be provided to all devices associated with the Stanly Radio Subsystem. TOTAL w/FTE Technician Support  $527,848  23