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HomeMy WebLinkAboutNS Contract - EMS-Installation Services Contract at 9-1-1 Center Using 2005 LETPP FundingORANGE COUNTY BOARD OF COMMISSIONERS • ACTION AGENDA ITEM ABSTRACT Meeting Date: August 21, 2007 Action Agenda Item No. SUBJECT: Installation Services Contract at 9-1-1 Center Using 2005 LETPP Funding DEPARTMENT: Emergency Services PUBLIC HEARING: (Y/N) 0 ATTACHMENT(S): State Homeland Security Project Summary October 3, 2005 BOCC Agenda Abstract Recommending LETPP Approval Proposed Wireless Contract INFORMATION CONTACT: Clint Osborn, 968-2050 PURPOSE: To approve a contract with Wireless Communications for installation services in the amount of $52,733.51. • BACKGROUND: In 2005, the United States Department of Homeland Security (DHS) awarded the State of North Carolina funding through the FY 2005 State Homeland Security Program (SHSP) Grants and the Law Enforcement Terrorism Prevention Program (LETPP). A portion of the funding was strategically allotted to cover installation costs of the new communications consoles in the 9-1-1 communications center. This grant allocation is a key part of the umbrella project that will include a complete upgrade to the Orange County 9-1-1 Center and will lead to increased interoperabilitytyith neighbors and partner agencies statewide. In addition, this project will make Orange County a North Carolina State Highway Patrol VIPER partner allowing Orange County to operate on 800mHz frequencies with agencies statewide. The umbrella 9-1-1 upgrade project was approved on March 2, 2006 when the entire 2005 SHSP Grants package was accepted. The acceptance of $63,000 for installation services in the 9-1-1 Center was approved by the Board of County Commissioners on October 3, 2005 as attached. This contract will allow Wireless Communications, already the project manager for the 9-1-1 Center upgrade, to perform the installation of the new communications consoles in the Meadowlands facility, marking a major milestone in the project. FINANCIAL IMPACT: As per the original grant acceptance, there is no County match required for the receipt of the State-administered reimbursable Federal grant which has already been approved by the Board of County Commissioners as part of the umbrella project. • RECOMMENDATION(S): The Manager recommends that the Board approves the contract with Wireless Communications for installation services of $52,733.51 and authorize the Manager to sign the contract. County Equipment- Category item Description Primary Purpose Equipment quantity Total Disci line p Installation of interoperable Installation of communications equipment into the 9-1-1 Equipment- center where it will be used to interface Medical Supplies Motorola Elite Gold radio traffic for emergency responders and Base Station radio during day to day emergencies and Oran a Coun Pharmaceuticals console terrorism events. 1 63000 PSC Equipment Code Cost Report # Invoice# Vendor Name Quantity Inventoried ~ .~,,;t: • • • COPY ~ • ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 3, 2005 Action Agenda Item No. 5"~ SUBJECT: Acceptance of 2005 Law Enforcement Terrorism Prevention Program (LETPP} Competitive Grant Funds DEPARTMENT: Emergency Management PUBLIC HEARING: (YIN) No ATTACHMENT(S): Award Letter Memorandum of Agreement Designated Agent Forms Grant App{ication INFORMATION CONTACT: Jack Ball, ext 3030 PURPOSE: To accept grant funding and approve a memorandum of agreement for a State • pass through grant award of federal Homeland Security funds in the amount of $63,000 to reimburse Orange County for 9-1-1 Center communication system upgrades. BACKGROUND: The United States Department of Homeland Security (DHS} awarded the State of North Carolina funding for homeland security equipment, planning, and training activities through the FY2005 State Homeland Security Grant Program -Law Enforcement Terrorism Prevention Program Section. Federal funding is allocated in accordance with a DHS formula of 80% for local government use and 20% far state use. In January 2005, Orange County Emergency Management submitted a competitive grant application to the State of North Carolina for 9-1-1 Center interoperable communications console equipment. In May 2005, the County was notified that it had been awarded a total of $63,000 for this purpose. The Board of County Commissioners previously approved a series of studies during the past several years of the current radio communications system throughout the County that serves emergency services departments and responders. The studies showed that the existing consoles were utilizing antiquated technology and were in failing condition. The consoles were installed in 1993 with an expected 10-year lifespan. New parts are no longer manufactured for the consoles and repairs must be made utilizing second-hand parts, if such parts can be located. This $63,000 in grant funding will be utilized to partially fund the comprehensive upgrade to the consoles, in conjunction with a previously awarded federal COPS office technology grant of $147,997 from the U.S. Department of Justice and with the assistance of Congressman David Price. • FINANCIAL IMPACT: There is no County match required for the receipt of the State- administered reimbursable Federal grant. The County will file for reimbursement from the State 2 pursuant to the terms of the grant. There may be some incidental use of existing staff time; however, no additional County costs should be expected. • RECOMMENDATION(Sj: The Manager recommends that the Board • Accept the grant funds and approve the Memorandum of Agreement, subject to final review by staff and the County Attorney, • designate Jack Ball, Emergency Management Director, as the Designated Agent for the Grant, • designate Eric Griffin, Emergency Management Specialist, as the Point of Contact far the grant, and • authorize the Manager to sign the Memorandum of Agreement and Designation forms. • • O 3 • ~~~~ ~ a"~ ~~ w`,t. ^~ •y~ A ~• \"{~l yu.u North Carolina Department of Crime Cont~~ol and Public Safety Mrchael F Hasley, Governor Bryan E Beatty, Secretary May 2b, 2005 Mi Craig Blackwood Orange Couaty Emergency Management Post Office Box 8181 Hillsborough, North Carolina 22253 Dear Mr Blackwood: As the State Administrative Agent for Homeland Security, I am pleased to inform you that yowl application Consolidated Orange G'ounty 800 Mhzlmplementation , #297 has been selected by the Homeland Security Grant Review Committee to receive -funding under the DHS Homeland Security Grant Program. The total amount of federal funds • recommended for your project is $63,000 00 Within the next few weeks, personnel from the Division of Emergency Management, Homeland Security Branch, will be contacting you to coordinate the execution of a Memorandum of Agreement (MOA) Once the MOA has been approved, you will be able to begin obligating funds in accordance with that agreement. If you have any questions or need further assistance, please contact Mr. roe Fitzpatrick, Homeland Security Branch Manager, Division of Emergency Management, at (919) 715-8000, ext 340. Sincerely, ~~ Bryan E Beatty Secretary BEB:cI 1YIAILrNG ADDRESS: OFFIC1i: LOCATION: 4701 Mail Service Curter 512 N. Salisbury Sttca Raleigh, NC 27699-4701 Raleigh, NC 27604-r 159 r'elepboee: (9I9) 733-2126 Fox: (919) 715-8477 • wwwNCCrlmeControt org Aa Equal Opportuairy/Alrimudive Adioo Employer • MOA #:10021 Tax #• 56-500fl327 Fund Cade #:24964-2B01fl30 MOA Amounh S53,OOfl CDFA #: 97.fl67 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT AND ORANGE COUNTY L SUBJECT To ensure adequate preparedness for a response to an act of terrorrsm within the State of North Carolina, funding has been allocated to for the procurement of equipment as agreed upon. in the 1 2005 Governor's Crime Commission pre-application number 29'7. i II. PURPOSE i The Department of Crime Control and Public Safety, Division of Emergency Management (Division of EM) and Orange County, will enter into an agreement to provide funding for ~ equipment will be used on-scene by first responders and state personnel to prepare fora - threatened or actual 1NNID or domestic terrorist attacks, major disasters, and other emergencies to protect human life, property, and the environment. 1tII. PARTIES the parties to this Memorandum of Agreement (MOA) are: North Cazolina Department of Crime Control & Public Safety, Division of Emergency Management and Orange County, j henceforth referred to is this document will be referred to as AGENCY T I t S 0 IV: BACKGROUND The U.S Departrnent of Homeland Security and the OfEce of Domestic Preparedness has made funds available through the State Homeland Security Grant Number: FY2005-GE-IS-0051 to implement the Sta#e Homeland Security Strategy 2004-2006 The State of North Carolina, Department of Crime Control and Public Safety (CCPS), Division of Emergency Management (Division of EM) and the AGENCY enter into an arrangement by which the Division of fiM will provide Federal reimbursement funding to the AGENCY for the purchase of equipment as agieed upon in the 2005 Governor's Crime Commission pre- application number 297 V. AUTHORITY the parties enter into this MOA under the authority of the following: 1}Public Law I05-277, the Departments of Commerce, Tustice, and State, the Tudiciary, and Related Agencies Appropriations Act, 1999 (Div. A, Sec.101(B) at 112 Stat. 2681-SO); 2) Department of 3ustice Appropriations Act, 1999 (Div. A, Sec. 101{B), Title T at I12 Stat. 2681-50; 3) Public Law 107- 56, the U.S- Patriot Act of 2001; 4) Public Law 107-296, the Homeland Security Act of 2002; 5~ Public Law 108-11, the Wartime Supplemental Appropriations Act of 2043; 6) FY 2003 Omnibus Appropriations Act; 7) the implementing regulations of each Act or Law; 8) The U. S Department of Homeland Security Office of State and Local Government Coordination and • Preparedness, Office of Domestic Preparedness Fiscal Yeaz 2005 State Homeland Security Grant Program Guidelines and Application Kit available at http://www.ojg.usdoi.eov/avidelinesinfo.htrn ; 9) applicable ODP Information Bullefiins; and I O) The N C. Emergency Management Act, Chapter 166A of the North Catalina General Statutes- VI. DUTIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT the Department of Crime Control and Public Safety, Division of Emergency Management agree to provide reimbursement to the AGENCY for the cost of equipment as described in the 2005 Governor's Crime Commission pre-application number 297. VII. DUTIES AND RESPONSIBILITIES OF THE AGENCY AGENCY agrees to: A. Procure equipment as indicated in the 2005 Governor's Crime Commission pre- application number 297 under the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits incorporated by reference herein, of this MOA for the enhancement oftheir WNJD preparedness. B • AGENCY will utilize its departmental procurement procedures and policies from the purchase of equipment and follow procurement procedures and policies autlined in the applicable federal regulations, and as outlined in the applicable USDHS, SLGCP, ODP 5 • Page 2 of 7 a • Program Guidelines and Application Kits and the USDO7 Office of Tustice Programs Financial Guide C. Procure the equipment as indicated in the applicable USDHS, SLGCP, ODP Program . Guidelines and Application Kits incorporated by reference herein. AGENCY shall order, receive, inspect, and stage the items at its own facility The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision of any training, shall be the sole responsibility of AGENCY and shall not be reimbursed under this MO.A- D AGENCY shall submit invoice(s) fot item(s) received and Payment Package to the NCEM Homeland Security grants coordinator requesting reimbursement The Department of Crime Control and Public Safety, Division of Emergency Management will reimburse AGENCY for eligible costs as outlined is the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits E Complete the procurement (s) process not later than MarcL 31, 2007. F. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits and as outlined in the Standard Assurances, incorporated by reference herein. G. All original records pertinent to this MOA shall be retained by AGENCY three years ?. from the date of the final Financial Status Report as outlined in the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits and the USDQT Office of Tusfice i Programs Financial Guide, with the following exception: If any litigation, claim or audit is stazted before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving i the records have been resolved VIII. FUNDING AND COMPENSATION ~ the Department of Crime Control and Public Safety, Division of Emergency Management will `: reimburse AGENCY for the actual eligible costs intoned for the subject of this grant, not to exceed $63,000 (Sixty Three ?housand Dollars}. Funds will be provided by the Sffite of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management The allocation of funds will be from the USDHS, SLGCP, ODP FY 2005 Homeland Security Grant Program All terms and conditions of this Agreement aze dependent upon and subject to the allocation of funds from USDHS, SLGCP, ODP and the Department ofCrime Control and Public Safety, Division of'Emergency Management for the purposes set forth and the MOA shall automatically terminate if funds cease to be available. Allowable eligible costs shall be determined in accordance with the applicable federal ~ regulations, including but not limited to, 28 C.F R Parts 66, 67, 69 and 70, and the applicable Page 3 of 7 ~• 7 USDHS, SLGCP, ODP Program Guidelines and Application Kits available at htta://www.ojp.usdoa.gov/~tudelinesinfo.htm ,OMB Circulars A-21, A 87, A-122, A 128 and A- 133, the U. S. DOJ Office of Justice Programs Financial Guide available at http://www.ojp.usdoi.gov/ FinGuide/, and the approval of the State Administrative Agent FOR THE STATE OF NORTH CAROLINA, the Secretary of Crime Conirol and Public Safety The applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits, include but may not be limited to, the following: Fiscal Year 2005 State Homeland Security Giant Program Guidelines The sub-grantee may retain and use up to 2.S% of the award amount $63,000 for management and administrative purposes DK. MODYFICATION OF THE AGREEMENT Modifications of this agreement must be in writing and upon approval of both parties except as modified by official USDHS, SLGGP, ODP Federal Giant Adjustment Notice (GAN).~ X. PROPERTY All property furnished under this agreement shall become the property of the AGENCY The AGENCY shall be responsible for the custody and care of arty property furnished for use in • connection with the performance of this agreement and shall reimburse the Division of Emergency Management for any loss or damage to said property to the extent permitted by the North Carolina Iort Claims Act or other applicable laws. The Depaztment of Crime Control and Public Safety, Division of Emergency Management will not be held responsible for any equipment purchased by AGENCY XI. COAIIMUNTCATIONS To provide consistent and effective communication between the AGENCY and the Depaztment of Crime Control and Public Safety, Division of Emergency Management, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA The Deparhnent of Crime Control and Public Safety, Division of Emergency Management contacts shall be Mr. H Douglas HoelI, 7r., Director; Joe Fitzpatrick, Homeland Security Branch Manager and Vickie Durham, Grant Manager All confidential information of either pazty disclosed to the other party in connection with the services provided hereunder will be treated by the receiving gamy as confidential and restricted in its use to only those uses contemplated by the terms of this Agreement Any information which is to be treated as confidential must be cleazly mazked as confidential prior to transmittal to the other party Neither party shall disclose to thud pasties, the other party's confidential information without written authorization to do so firm the other party. Specifically excluded firm such confidential treatment shall be information which: (i) as of the date of disclosure and/or delivery, is aheady known to the gamy receiving such information; (ii) is or becomes gazt of'the public domain, through no fault of the receiving party; (iii) is lawfully disclosed to the receiving party by a thud parry who is not obligated to retain such information in confidence; or • ,Page 4 of7 0 S (iv) is independently developed at the receiving party by someone not privy to the confidential information. XII. SUBCONTRACTING AND SUBGRANTING If the AGENCY subcontracts or subgrants any or all purchases required under this Agreement, AGENCY agrees to include in the subcontract or subgrant that the subcontractor/subgrantee is bound by the terms and conditions of this MOA AGENCY agrees to include in the subcontract/subgrant that the subcontractor/subgrantee shall hold the Depaztment of Clime Control and Public Safety, Division of Emergency Management harmless against all claims of whatever nature azising out of the subcontractor's performance of work under this MOA, to the extent allowed and required bylaw. If AGENGY subcontracts/subgtants, acopy ofthe executed subcontract/subgrant agreeanent must be forwarded to the Division of Emergency Management and approval granted prior to the execution of said subcontract/subgrant. Contractual arrangement shaII is no way relieve AGENCY of its responsibilities to ensure that all fiords issued pursuant to this grant be administered in accordance with all state and federal requirements. AGENCY is bound by the terms, conditions and restrictions of the applicable USDHS, SLGCP, ODP, Homeland Security and Office of Domestic Prepazedness Program Guidelines and Application Kits referenced herein. ?HIII. COMPLIANCE WITH THE LAW • AGENCY shall be wholly responsible for the purchases to be made under this MOA and for the • supervision of~ its employees and assistants. AGENCY shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA, including those of federal requirements and ,State, and local agencies having appropriate jurisdiction and found in applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits. XIY. WARRANTY AGENCY shall hold the Department of Crime Control and Public Safety, Division of Emergency Management harmless for any liability and personal injury that may occur from or in cormection with the performance of this MOA to the extent permitted by the North Carolina Tort Claims Act. XV. ANTITRUST LAWS Ibis Agreement is entered into in compliance with all State and Federal antiiaust laws XVL TER1VLiNATION The tcrmination date is March 31, 2007. This MOA may be terminated upon submission of~ a 30-day advance written notice of termination. Page 5 of 7 f• l l 9 Upon approval by USDHS, SLGCP, ODP and the issuance of the Grant Adjustment Notice, if this MOA is extended, the termination date for the extension wi11 be the date Iisted in the applicable USDHS, SLGCP, ODP Grant Adjustment Notice. If DHS suspends or terminates funding iri accordance with 28 C.F.R §66.43 and the applicable U. S. Department of Homeland Security, SLGCP, ODP Program Guidelines and Application Kits, attached and incorporated by reference herein, AGENCY shall reimburse the Division of Emergency Management for said property. XVII. ENTIRE AGREEMENT This Agreement and any exln'bits and amendments annexed hereto and any documents incorporated specifically by reference represents the entire agreement between the pazties and supersede all prior oral and written statements or agreements. XVIII. EXECUTION This MOA will become effective upon execution of all parties to the MOA. The date of execution shall be the date of the Iast signature which shall be that of Mr Gerald A Rudisill,lr , Deputy Secretary, NC Department of Crime Control and Public Safety • • Page 6 of 7 is io ORIGINAL CONIRACIING AGENCY DTiiISION OF EMERGENCY MANAGEMENI DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFELY BY: H. DOUGLAS HOELL,.IR., DIRECTOR DMSION OF EMERGENCY MANAGEMENI DALE: BY: 1148. JOHN LINK ORANGE COUNIY MANAGER ORANGE COUNTY DALE: APPROVED A5 IO PROCEDURES: • BY: $ENNIE AHCEN, CONTROLLER DEPARTMENT OF CRIIVIE CONTROL AND PUBLIC SAIEIY DATE: MARVIlY WATERS, CCPS GENERAL COUNSEL REVIEWED FOR THE DEPARTMENT OF CRIME CONIROL AND PUBLIC SAFETY BY MARVIN WATERS, CCPS GENERAL COUNSEL, TO FULFILL TAE PURPOSES OF TAE US DEPARTMENT OF HOMELAND SECURITY SLATE SECURITY GRAM PROGRAM DALE:. ~/IDS BY: GERALD A, RUDISII.L, JR., DEPUTY SECRETARY NORTH CAROLINA DEPARTMENT OF CRIME CONTROL & PUBLIC SAFELY DAI F: PREVIOUSLY APPROVED A5 70 FORM FOR IHE US DEPARIMENI OF HOMELAND SECURITY, STATE HOMELAND SECURITY GRANTS, BY THE NOR?H CAROLINA DEPARIMEIYT OF .YUSTICE. Page 7 of 7 • • Certifications A. Certification of Non-Supplanting: 13 Page 9 of I S as The applignt hereby certifies that federal funds will not be used to supplant or replace funds or other resources that would otherwise have been made available for Juvenile Justice and Delinquency Prevention, Drug Control and System Improvement, Victims of Crime Act, Violence Against Women Act, or Children's Justice projects. B. Certification of Flling an EquaE Employment Opportunity Program: a The project director certifies that the applicant/grantee has formulated an Equal Opportunity Program, which is dated 10I01Ht199 in accordance with the Amended Equal Employment Opportunity Guidelines 28 C.F.R.42.301, et seq.,Subpart E, and that it fs on fife in the office af: (Office) Orange County Personnel Office (Name) Elaine Holmes (Tfffe) Personnel Director (Address) P.O. Box 8i81 Hillsborough, NC 27278 (Telephone) 91g-732-8181 for review and audit by officials of the Department of Crime Control and Public Safety or the Office of Justice Programs as requin:d by relevant law and regulations. a The project director certifies that the Amended Equal Employment Guidelines have been read (28 C.F.R.42.301, et seq.., Subpart E..) and that no Equal Employment Opportunity Program is n:quired to be filed by the implementing agency. • C. Certification of Submission of Annual Audit: 0 The project director certifies that a copy of the annual audit (required) will be submitted to the Office of State Auditor and the Department of Crime Control and Public Safety. D. Certffication of Submission of Project Reports: The project director certifies that a completed progress report (provided in the GCC Grant Award Package) will be submitted at the end of the 12 and 24 months, or more often if requested. If required, the project director certifies that quarterly reports will be submitted. Page 8 • file://C:~DOCUME--1 lemptoyee~L,OCALS~ I \Temp1V V 8DK961.htxrt I /26/2005 ' \.J` Page 10 of 15 Certifications {continued) a 3 • E. Certification that Applicant is Eligible to Receive Federal Funds: Q The project director certifies that neither grant applicant nor any of its officers, directors or consultants are presently debarred, proposed for debarment, suspended, declared ineUgibfe ar voluntarily exctuded from receiving federal funds. (if the director cannot make this certification, an explanaton must be attached . If this certification cannot be provided, the applicant will not necessarily be denied participation in this program. The certification or exphanation will be wnsidered in connection with the determination by the Govema~s Crime Commission as to whether or not to approve the application. However, if neither the certification nor an explanation is provided. the application will Ue rejected. j Certification Regarding Lobbying: (for agencies receiving $100,000 or mare) The project director certifies that (1) no Federally appropriated funds have been paid or will be paid to any person far influencing ar attempting to Influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering info of any agreement; (2) if any non-Federal funds have been paid or wiU be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grant, the project director shall initial here and complete and submit Standard Fonn #LLL, "Disclosure of Lobbying Activities " in accordance with Its instructions. G. Drug Free Workplace Compliance: (far state agencies only) Q I (project diredar) certify chat (1) a drug-free workplace awareness program was held an _ andlor will be held annually on -which all grant project employees an: required to attend;(2) a copy of the agenda of that program, including an attendance sheet signed by all empbyees, wUl be provided to the Governors Crime Commission;(3) a statement will be published notifying employees that any unlawful involvement with a controlled substance is prohibited in the grantees workplace and that specific actions will be taken against employees who violate this rttie;(4) ail employees will receive a copy of this notirs;(5) all employees must agree to abide by the statement and to notify the applicant of any criminal drug statute • conviction for a violation occurring in the workplace within 5 days of the wnviction;(ti) within 10 days of receiving such notice, the appUcant wiU inform the Govemars Crime Commission of an employee's conviction;(7) arty emptayee so convicted will be disciplined or n3quved to complete a drug abuse treatment program; and (8) the appUcant will make a good faith effort to maintain a dntg-free workplace, to accordance with the requirements of Title V, Secs. 5153 and 5154 of the Anti-Drug Abuse Ad of 1988. Available Technical Assistance If you need assistance in completion of the grant pre-application, please contact the appropriate program area planner at the Governor's Crime Commission by calling {919) 733-4564 Program Area Planners Juvenile Justice Planning Committee: Victims' Services Committee: Drug Control & Substance Abuse Committee: Michelle Zechmann Michael Wilson Tina Howard Kimberiy Wilson Barry Bryant Misty Amoid Starr Barbaro Craig Turner information Systems &Technology Committee: Doug Yearwood Page 10 Wesley Clark Starr Barbaro Navin Puri • file:/IC:\DOCUME-llemployeelLOCALS--1\Temp\V V8DK961 _htm 1 /26/2005 is Page 11 of 15 • • CERTIFICATIONS: PROJECT DIRECTOR a ~ Pre Application Number 297 Project Director' f certify that l agree to comply with the general and fiscal terms and conditions of this application including special conditons; to comply with the provisions of the Act governing these funds and all other federal taws; that all information presented is correct; that there has been appropriate coordination with affected agencies; that I am duty authorized by the Applicant to perform the tasks of Project Director as they relate to the terms and conditions of this grant application; that costs ~cuned prior to grant approval may result in the expenses being absorbed by the implementing agency; That the receipt of grantor funds through the Governor's Crime Commission wi[t not supplant state or local funds; and, that 1 understand that federal funds are limited to a maximum of twenty- four months. Name: Agency: Phone: Signature: `NOTE: Crate Biaclcwood Orange County Emergency Management X919) 968-2050 Title: Data Technician Address: p,0. Box 8181 Hillsborough. NC 27253-8181 Bonded: ~" Yes f No The Project Director, Financial Officer, and Authorizing Official CAN NOT be the same person. Staff funded under this grant may not be any of the authorizing officials without direct Crime Commission approval. THIS APPLICATION IS NOT COMPLETE WITHOUT THE ABOVE SIGNATURE. Page 1 t file://C:IDOCUME 11empIoyeeILOCALS--11Temp\W8DK961.htm 1/26/2005 I b• Page 12 of 15 I~ .CERTIFICATIONS: FINANCIAL OFFICER _ ~~ Pre Application Number 297 Financial Officer• I certify that I agree to oompty with the general and fiscal terms and conditions of this application includirxl special conditions; to comply with the provisions of the Act governing these funds and all other federal laws; that all information presented is correct; that there has been approprrate coordination with affected agencies; that I am duly authorized by the Applicant to perform the tasks of Financial Officer as they relate to the terms and conditions of this grant application; that costs incun~ed prior to grant approval may result in the expenses being absorbed by the implementing agency; that the receipt of grantor funds through the Governor's Crime Commission will not supplant state or local funds; and, that I understand that federal funds are limited to a maximum of twenty- fourmonths . Name: Kenneth Chavious Age~r- County of Orange Phone: ~919~,245-5753 rise: Finance Director Address: P,Q, gox 8181 Hillsborouclh. NC 27278 Signature: Bonded: I' Yes r No `NOTE: The Project Director, Financial Officer, and Authorizing Official CAN MOr be the same person. Staff funded under this grant may not be arty of the authorizing officials without direct Crime Commission approval. I THIS APPLICATION IS NOT COMPLETE WITHOUT THE ABOVE SIGNATURE. ~) Page 12 • • o• file://C:IDOCUME~llemployee\I,OCAL.S--ilTemp\VVSDK961,.htm 1/26/2005 • (~ Page 13 of 15 CERTIFICATIONS: AUTHORIZING OFFICIAL a~ Pre Appticiation Number 297 Authorizing Official' _ I certify that I agree to comply with the general and fiscal terms and conditions of this application including special conditions; to comply with the provisior>,s of the Act governing these funds and ail other federal laws; that all infom~ation presented is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized by the Applicant to perform the tasks of Authorizing Official as they relate to the terms and conditions of this grant applicaiion; that costs incurred prior to grant approval may result in the expenses being absorbed by the implementing agency; that the receipt of grantor funds through the Governor's Crime Commission will not supplant state ar local funds; and, that I understand that federel funds are limited to a maximum of twenty- four months. The Anti-Drug Abuse Act of 1988 requires that subgrantees provide assurance that subgrant funds will not be used to supplant or replace local or state funds or oiher resources that would otherwise have been available for Isw enforcement and/or criminal justice activities. Incompliance with that mandate, i certify that the receipt of federal funds through the Crime Commission shall in no way supplant or replace state or local funds or other resources that would have been made available for law enforcement and/or criminal justice acWities. Name: Johh Link Agency: County of Orange Phone: (919} 732-8181 Title: County Manager Address: p,0. Box 8181 Hillsborough. NC 27278- Signature: Banded: f- Yes I- No 'NOTE: The Project Director, Financial Officer, and Authorizing Official CAN NAT be the same person. Staff funded under this grant may not be any of the authorizing afflcials without direct Crime Commission approval. THIS APPLICATION IS NOT COMPLETE WITHOUT THE ABOVE SIGNATURE. REQUEST FOR MATCH WANER (Refer to limitations noted on budget summary page} As the Authorizing Official for this grant pre-application, I am requesting that the Governor's Crime Commission grant this implementing agency a waiver of its match requirement. Signature: r] Authorizing Official Page 13 file://C:\DOCUME~ 1 \employee\LOCALS~ 11Temp\VVSDK9b 1.htm 1 /26/2005 1126/05 RECEIPT !!! IMPORTANT !!! Governors Crime Commission Grant Pre-Application Number. 297 i8 ` Page 14 of 15 a~ Save this receipt as proof of submission of your online grant appficatian. This is the only documentation that you will receive. After printing the signature pages, have them signed and mail them, along with any required supporting documentation, b be received no later than January 30.2005. (Support documentation includes your current year's operating budget and sources of those funds if you are a nonprofit agency. Attach a cagy of what other funding sources and amounts, if any. have been committed for this project or have been applied for or are anticipated for the project ) YOUR APPLICATIDN IS NOT COMPLETE UNTIL WE HAVE RECEIVED THE SiG~D~S~.G~TU~ PAGES AND SUPPORTING DQ¢UMENTATION MAILING INFORMATION Mail the signature pageS.and supporting documentation to: ATTN: WES WALTERS GRANTS MANAGEMENT DIRECTOR GOVERNOR'S CRIME COMMISSION 12171 FRONT STREET: STE 200 RALEIGH NC 27609 lUlail setters of collaboration directly to the appropriate Lead Planner for the Committee to which you are applying at the same address as above:. Drug Contra) and Substance Abuse Juvenile Justice Planning Victans' Services Inforrrration and Technology Craig Turner, Lead Planner Michepe 2echmann, Lead Planner Barry Bryant,' Lead Planner Doug Yearwood, Lead Planner REVISIONS To make any revisions to your submitted application, you must have your grant pre-application number and your Federal Tax ID Number to access the application online. Simply choose'REVISE APPLICATION" rather than "NEW APPLICATION" and enter these two numbers. Proceed with making changes, saving each page, and submit revisions.. 0 Page 14 • file://C:\DOGUIV~~I \employee\LOCALS~I\Temp\VV8DK961.htm 1 /26/2005 19 • Sales Agreement THIS SALES AGREEMENT dated this day of August, 2007 BETWEEN: Wireless Communications, Inc. of 4800 Reagan Drive, Charlotte, Mecklenburg County, North Carolina 28206 (the 'Seller') OF THE FIRST PART Orange County, PO Box 8181, Hillsborough, North Carolina 27278 (the 'Purchaser') OF THE SECOND PART IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement, the parties to this Agreement agree as follows: • Sale of Goods 1. The Seller will sell, transfer and deliver to the Purchaser the following goods and services (the 'Goods') no later than 120 days from date of contract signing. A detailed equipment list is included in the attached statement of work. Spectracom NetClock/GPS Synchronized Master Clock. 24 x 7 Maintenance of the NetClock. The Seller will commence Project Management, R56 Grounding Upgrade, and Console Relocation Services upon receipt of written notice to proceed from Orange County. Purchase Price 2. The Purchaser will accept the Goods and pay for the Goods with the sum of fifty two thousand seven hundred thirty three dollars and fifty one cents ($52,733.51) USD. Spectracom NetClock $ 10,733.51 20 Project Management, R56 Grounding $ 42.000.00 . Total Pricing $ 52,733.51 See Payment Terms as required in clause 19 of this Agreement. 3. The Seller and the Purchaser both acknowledge the sufficiency of this consideration. In addition to the purchase price specified in this Agreement, the amount of any present or future sales, use, excise or similar tax applicable to the sale of the Goods will be paid by the Purchaser, or alternatively, the Purchaser will provide the Seller with a tax exemption certificate acceptable to the applicable taxing authorities. 4. Payment for the Goods will be made to the Seller in accordance with the provisions in Section 19 Payment Terms. Delivery of Goods The Goods will be delivered to the Seller. Delivery will be considered complete upon arrival of all equipment and hardware at a Wireless Communications, Inc. location for setup and staging. Wireless Communications will provide Orange • County with a complete packing list and the opportunity to inspect the equipment upon arrival. The method of shipment will be within the discretion of the Seller. Risk of Loss 6. The risk of loss from any casualty to the Goods, regardless of the cause, will be on the Seller until the Goods have been accepted by the Purchaser. Wireless Communications, Inc. will maintain insurance responsibility for goods until delivered to the Orange County Communications Center. Warranties 7. The Seller- warrants that (1) the Seller is the legal owner of the Goods; (2) the Goods are free from all liens and encumbrances; (3) the Seller has the right to sell the Goods; and (4) the Seller will warrant and defend the title of the Goods against any and all claims and demands of all persons. 8. T'he Seller warrants that the Goods will be fit for the purpose for which such goods are ordinarily intended. 21 . 9. The Seller warrants that the Goods are now free and at the time of delivery will be free from any security interest or other lien or encumbrance, except the security interest created in this Agreement until the Seller is paid in full. 10. The Seller warrants that the Goods will be delivered free of the rightful claim of any person arising from patent or trademark infringement. 11. Wireless Communications, Inc. agrees to provide 24X7 parts and labor support on all furnished equipment and software for a period of one year from date of acceptance. This warranty period will begin either after a period of 180 days from the date of initial delivery or when the customer receives beneficial use. The first to occur will prevail. 12. EXCEPT FOR THE ABOVE WARRANTIES, NO OTHER WARRANTY (WHETHER EXPRESSED, IMPLIED OR STATUTORY) IS MADE BY THE SELLER REGARDING THE GOODS. Title 13. Title to the Goods will remain with the Seller until delivery and actual receipt of • the Goods by the Purchaser at Orange County. Security Interest 14. The Seller retains a security interest in the Goods until paid in full. Insaection 15. Inspection will be made by the Purchaser at the time and place of delivery. Excuse for Delay or Failure to Perform 16. The Seller will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within six months after the date of this Agreement, then the Seller will have the right to terminate this Agreement by notice in writing to the Purchaser, which notice will be accompanied by full refund of all sums paid 22 by the Purchaser pursuant to this Agreement. . Cancellation 17. The Seller reserves the right to cancel this Agreement: 1. if the Purchaser fails to pay for any shipment when due; 2. in the event of the Purchaser's insolvency or bankruptcy; or 3. if the Seller deems that its prospect of payment is impaired. Notices 18. Any notice to be given or document to be delivered to either the Seller or Purchaser pursuant to this Agreement will be sufficient if delivered personally or sent by prepaid registered mail to the address specified below. Any written notice or delivery of documents will have been given, made and received on the day of delivery if delivered personally, or on the third (3rd) consecutive business day next following the date of mailing if sent by prepaid registered mail: SELLER: 4800 Reagan Drive, Charlotte, Mecklenburg County, North Carolina, • 28206 PURCHASER: PO Box 8181, Hillsborough, Orange County, North Carolina, 27278 Additional Provisions 19. Payment Terms 40% of Project Total is due with purchase order from Orange County. 40% of Project Total is due upon physical delivery of equipment to the Orange County Communications Center. Fina120% of Project Total is due upon acceptance by an Orange County representative. 20. Wireless Communications Inca Standard Terms and Conditions apply. • 23 General Provisions 21. Headings are inserted for the convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. 22. All representations and warranties of the Seller contained in this Agreement will survive the closing of this Agreement. 23. The Purchaser may not assign its right or delegate its performance under this Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment. 24. This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement. 25. This Agreement will be governed by and construed in accordance with the laws of the State of North Carolina, including the North Carolina Uniform Commercial Code and the Seller and the Purchaser hereby attorn to the jurisdiction of the • Courts of the State of North Carolina. This contract has been preaudited in accordance with the provisions of North Carolina law. 26. Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of North Carolina on the date of execution of this Agreement. 27. If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from this Agreement and the balance of this Agreement will remain in full force and effect. 28. This Agreement will inure to the benefit of and be binding upon the Seller and the Purchaser and their respective successors and assigns. 29. This Agreement may be executed in counterparts. 30. Time is of the essence in this Agreement. 31. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. r ~ ~J 24 IN WITNESS WHEREOF the parties have executed this Sales Agreement on this • day of August, 2007. Orange County Finance Director: "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth T. Chavious Orange County Finance Director Date: Witness: Wireless Communications, Inc. per: (SEAL) Orange County, North Carolina By: Name: Title: • C]