Common use of User Council Clause in Contracts

User Council. § 1. The User Council is established by the Agreement. The User Council is responsible for making all operations and maintenance (O&M) decisions affecting the system, including those governing day-to-day operations, and for fulfilling other duties and tasks as set out in the agreement. In all respects, the decisions, policy making, and actions of the User Council are subject to the authority, oversight, and approval of the Executive Council. § 2. The User Council is established by motion and vote of the Executive Council. The User Council administers the operations and management of the system. Authority for operations and management decisions made by the User Council remains with the Executive Council and the User Council will function under guidance of the Executive Council. § 3. The User Council shall adopt a written charter stating its purposes, goals, objectives, duties, and responsibilities in managing, operating, and maintaining the system. The User Council also shall adopt written operating procedures and written administrative procedures pursuant to said charter. Adoption of the User Council Charter, its operating procedures, and its administrative procedures is subject to approval by the Executive Council. § 4. Membership of the User Council will consist of twelve primary members representing the four original foundational entities (DoD, Federal Non-DoD, State of Alaska, and the Alaska Municipal League). Agencies may request multiple appointments of alternates. There are no other members of the User Council. The Executive Council will approve the appointment of members to the User Council. § 5. Provisions governing the appointment of members, terms and conditions of membership, selection of a chairperson, modification of the composition of membership, and the establishment of voting methods and procedures, shall be set out in the User Council Charter. § 6. Voting methods and procedures of the User Council may include: a) provisions for different classes of voters, including non-voting members; b) weighting in the counting of votes, including weighting related to a member agency’s proportionate share of system ownership or proportionate financial contribution to system O&M; c) the establishment of quorums and/or majority/super-majority voting thresholds for taking action; and d) other provisions/considerations as determined to be necessary by the Executive Council. § 7. The User Council shall be responsible for providing recommendations to the Executive Council regarding approval of system design and approval of all proposed modifications to system design, including performance standards, modifications to approved performance standards, extensions, and expansions of the system, addition of users to the system, and addition of new parties to the agreement. § 8. The User Council shall be responsible for providing recommendations to the Executive Council regarding the adoption of system O&M standards, which at a minimum shall include: a) identification of minimum technical standards for the system equipment and subscriber units; b) identification of protocols for the modification of talk group assignments and their usage; c) identification of minimum periodic maintenance standards and schedules for system equipment; d) identification of problem reporting and resolution practices for system equipment; and e) identification of security standards, policies, and procedures. § 9. The User Council shall be responsible for providing recommendations to the Executive Council regarding approval of the terms and conditions of access of any user of the system, and the approval of user agreements. § 10. The User Council shall be responsible for conducting the dispute resolution process set out in the agreement, and for providing recommendations to the Executive Council regarding the final resolution of disputes. § 11. The User Council shall be responsible for investigating any allegation of breach of the agreement, formulating proposed remedies in instances of alleged breach, and providing recommendations to the Executive Council regarding the final disposition of alleged instances of breach. § 12. The User Council shall, in coordination with the Operations Manager, be responsible for assessing and recommending service-level requirements of the system, designating cost-shared components of the system, recommending possible methods of funding the system, and recommending a budget process for the system. These recommendations will be approved and executed by the Executive Council within six months of the effective date of this agreement and attached as an appendix to this agreement. After the system has attained sustained O&M, the User Council shall be responsible for monitoring funding, expenditures, and cost recovery for the system operation and maintenance, as provided in this article and Article 11. In coordination with the Operations Manager, the User Council is also responsible for developing a budget process for the system, as provided in Article 10. § 13. Subject to the approval of the Executive Council, and to the extent permitted under Federal, State, and local laws, the User Council may designate consenting party/parties to act as a User Council agent to procure and install system common network controller equipment. Such procurement and installation shall be: a) consistent with system design, as approved by the Executive Council; b) subject to User Council supervision and oversight; and c) subject to the record-keeping, audit, and reporting requirements as provided in the agreement and as established by the User Council. § 14. Subject to the approval of the Executive Council, and to the extent permitted under Federal, State, and local laws, the User Council may designate consenting party/parties to act as a User Council agent to operate and maintain the system common network controller equipment or to negotiate, execute, and oversee an O&M agreement with a private/public entity to operate and maintain system common network controller equipment in accordance with standards of operation and maintenance approved by the Executive Council. The agreement shall contain adequate provisions for emergency repair or replacement of system common network controller equipment. § 15. Additional responsibilities of the User Council shall include the following.

User Council. ‌ § 1. The User Council is established by the Agreement. The User Council is responsible for making all operations and maintenance (O&M) decisions affecting the system, including those governing day-to-day operations, and for fulfilling other duties and tasks as set out in the agreementAgreement. In all respects, the decisions, policy making, and actions of the User Council are subject to the authority, oversight, and approval of the Executive Council. § 2. The User Council is established by motion and vote of the Executive Council. The User Council administers the operations and management of the system. Authority for operations and management decisions made by the User Council remains with the Executive Council and the User Council will function under guidance of the Executive Council. § 3. The User Council shall adopt a written charter stating its purposes, goals, objectives, duties, and responsibilities in managing, operating, and maintaining the system. The User Council also shall adopt written operating procedures and written administrative procedures pursuant to said charter. Adoption of the User Council Charter, its operating procedures, procedures and its administrative procedures is subject to approval by the Executive Council. § 4. Membership of the User Council will consist of twelve primary members representing the four original foundational entities (DoDDOD, Federal Non-DoDDOD, State of Alaska, and the Alaska Municipal League). Agencies may request multiple appointments of alternates. There are no other members of the User Council. The Executive Council will approve the appointment of members to the User Council. § 5. Provisions governing the appointment of members, terms and conditions of membership, selection of a chairperson, modification of the composition of membership, and the establishment of voting methods and procedures, shall be set out in the User Council Charter. § 6. Voting methods and procedures of the User Council may include: a) provisions for different classes of voters, including non-voting members; b) weighting in the counting of votes, including weighting related to a member agency’s proportionate share of system ownership or proportionate financial contribution to system System O&M; c) the establishment of quorums and/or majority/super-majority voting thresholds for taking action; and d) other provisions/considerations as determined to be necessary by the Executive Council. § 7. The User Council shall be responsible for providing recommendations to the Executive Council regarding approval of system design and approval of all proposed modifications to system design, including performance standards, modifications to approved performance standards, extensions, and expansions of the system, addition of users to the system, and addition of new parties Parties to the agreementAgreement. § 8. The User Council shall be responsible for providing recommendations to the Executive Council regarding the adoption of system O&M standards, which at a minimum shall include: a) identification of minimum technical standards for the system equipment and subscriber units; b) identification of protocols for the modification of talk group assignments and their usage; c) identification of minimum periodic maintenance standards and schedules for system equipment; d) identification of problem reporting and resolution practices for system equipment; and e) identification of security standards, policies, and procedures. § 9. The User Council shall be responsible for providing recommendations to the Executive Council regarding approval of the terms and conditions of access of any user of the system, and the approval of user agreements. § 10. The User Council shall be responsible for conducting the dispute resolution process set out in the agreementAgreement, and for providing recommendations to the Executive Council regarding the final resolution of disputes. § 11. The User Council shall be responsible for investigating any allegation of breach of the agreementAgreement, formulating proposed remedies in instances of alleged breach, and providing recommendations to the Executive Council regarding the final disposition of alleged instances of breach. § 12. The User Council shall, in coordination with the Operations Manager, be responsible for assessing and recommending service-level requirements of the system, designating cost-shared components of the system, recommending possible methods of funding the system, and recommending a budget process for the system. These recommendations will be approved and executed by the Executive Council within six months of the effective date of this agreement Agreement and attached as an appendix to this agreementAgreement. After the system has attained sustained O&M, the User Council shall be responsible for monitoring funding, expenditures, expenditures and cost recovery for the system System operation and maintenance, as provided in this article Article and Article 11. In coordination with the Operations Manager, the User Council is also responsible for developing a budget process for the system, as provided in Article 10. § 13. Subject to the approval of the Executive Council, and to the extent permitted under Federal, State, and local laws, the User Council may designate consenting partyParty/parties Parties to act as a User Council agent to procure and install system common network controller equipment. Such procurement and installation shall be: be a) consistent with system design, as approved by the Executive Council; b) subject to User Council supervision and oversight; and and, c) subject to the record-keeping, audit, audit and reporting requirements as provided in the agreement Agreement and as established by the User Council. § 14. Subject to the approval of the Executive Council, and to the extent permitted under Federal, State, and local laws, the User Council may designate consenting partyParty/parties Parties to act as a User Council agent to operate and maintain the system common network controller equipment or to negotiate, execute, execute and oversee an O&M agreement with a private/public entity to operate and maintain system common network controller equipment in accordance with standards of operation and maintenance approved by the Executive Council. The agreement Agreement shall contain adequate provisions for emergency repair or replacement of system common network controller equipment. § 15. Additional responsibilities of the User Council shall include the following.

User Council. ‌ § 1. The User Council is established by the Agreement. The User Council is responsible for making all operations and maintenance (O&M) decisions affecting the system, including those governing day-to-day operations, and for fulfilling other duties and tasks as set out in the agreement. In all respects, the decisions, policy making, and actions of the User Council are subject to the authority, oversight, and approval of the Executive Council. § 2. The User Council is established by motion and vote of the Executive Council. The User Council administers the operations and management of the system. Authority for operations and management decisions made by the User Council remains with the Executive Council and the User Council will function under guidance of the Executive Council. § 3. The User Council shall adopt a written charter stating its purposes, goals, objectives, duties, and responsibilities in managing, operating, and maintaining the system. The User Council also shall adopt written operating procedures and written administrative procedures pursuant to said charter. Adoption of the User Council Charter, its operating procedures, procedures and its administrative procedures is subject to approval by the Executive Council. § 4. Membership of the User Council will consist of twelve primary members representing the four original foundational entities (DoDDOD, Federal Non-DoDDOD, State of Alaska, and the Alaska Municipal League). Agencies may request multiple appointments of alternates. There are no other members of the User Council. The Executive Council will approve the appointment of members to the User Council. § 5. Provisions governing the appointment of members, terms and conditions of membership, selection of a chairperson, modification of the composition of membership, and the establishment of voting methods and procedures, shall be set out in the User Council Charter. § 6. Voting methods and procedures of the User Council may include: a) provisions for different classes of voters, including non-voting members; b) weighting in the counting of votes, including weighting related to a member agency’s proportionate share of system ownership or proportionate financial contribution to system O&M; c) the establishment of quorums and/or majority/super-majority voting thresholds for taking action; and d) other provisions/considerations as determined to be necessary by the Executive Council. § 7. The User Council shall be responsible for providing recommendations to the Executive Council regarding approval of system design and approval of all proposed modifications to system design, including performance standards, modifications to approved performance standards, extensions, and expansions of the system, addition of users to the system, and addition of new parties to the agreement. § 8. The User Council shall be responsible for providing recommendations to the Executive Council regarding the adoption of system O&M standards, which at a minimum shall include: a) identification of minimum technical standards for the system equipment and subscriber units; b) identification of protocols for the modification of talk group assignments and their usage; c) identification of minimum periodic maintenance standards and schedules for system equipment; d) identification of problem reporting and resolution practices for system equipment; and e) identification of security standards, policies, and procedures. § 9. The User Council shall be responsible for providing recommendations to the Executive Council regarding approval of the terms and conditions of access of any user of the system, and the approval of user agreements. § 10. The User Council shall be responsible for conducting the dispute resolution process set out in the agreement, and for providing recommendations to the Executive Council regarding the final resolution of disputes. § 11. The User Council shall be responsible for investigating any allegation of breach of the agreement, formulating proposed remedies in instances of alleged breach, and providing recommendations to the Executive Council regarding the final disposition of alleged instances of breach. § 12. The User Council shall, in coordination with the Operations Manager, be responsible for assessing and recommending service-level requirements of the system, designating cost-shared components of the system, recommending possible methods of funding the system, and recommending a budget process for the system. These recommendations will be approved and executed by the Executive Council within six months of the effective date of this agreement and attached as an appendix to this agreement. After the system has attained sustained O&M, the User Council shall be responsible for monitoring funding, expenditures, and cost recovery for the system operation and maintenance, as provided in this article and Article 11. In coordination with the Operations Manager, the User Council is also responsible for developing a budget process for the system, as provided in Article 10. § 13. Subject to the approval of the Executive Council, and to the extent permitted under Federal, State, and local laws, the User Council may designate consenting party/parties to act as a User Council agent to procure and install system common network controller equipment. Such procurement and installation shall be: be a) consistent with system design, as approved by the Executive Council; b) subject to User Council supervision and oversight; and c) subject to the record-keeping, audit, audit and reporting requirements as provided in the agreement Agreement and as established by the User Council. § 14. Subject to the approval of the Executive Council, and to the extent permitted under Federal, State, and local laws, the User Council may designate consenting party/parties to act as a User Council agent to operate and maintain the system common network controller equipment or to negotiate, execute, execute and oversee an O&M agreement with a private/public entity to operate and maintain system common network controller equipment in accordance with standards of operation and maintenance approved by the Executive Council. The agreement shall contain adequate provisions for emergency repair or replacement of system common network controller equipment. § 15. Additional responsibilities of the User Council shall include the following.