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HomeMy WebLinkAboutAgenda - 09-17-2013 - 5g 1 ORD-2013-034 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 17, 2013 Action Agenda Item No. 5-g SUBJECT: FY 2013-14 Budget Amendment#1-F — Public Safety 9-1-1 Grant Acceptance DEPARTMENT: Emergency Services PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Attachment 1: Communication System Craig Blackwood, 919-245-6130 Improvements Capital Jim Groves, 919-245-6100 Project (Current) Attachment 2: Communication System Improvements Capital Project (Amended) Attachment 3: 9-1-1 Grant PURPOSE: To approve Budget Amendment #1-F accepting a grant from the NC 9-1-1 Board in the amount of $625,828 to improve the 9-1-1 Communications Center by upgrading the current 9-1-1 telephone system to handle newer forms of communication; upgrade the current Emergency Medical Dispatch program to the newest version and add Emergency Police Dispatch and Emergency Fire Dispatch; and add two new furniture positions in order to expand the number of dispatch furniture positions to eleven. BACKGROUND: Several components of the 9-1-1 Center are in need of being updated which this grant will accomplish. The current 9-1-1 Telephone system will be upgraded to a new Next Generation Phone System to handle newer forms of communication at a reimbursable cost of $349,573 (Note: Updated pricing has reduced the cost from $402,000 as included in the Approved Capital Investment Plan (CIP) funding for FY 2013-14 in the Communication System Improvements project.). The current Emergency Medical Dispatch program will be upgraded to the newest version and add Emergency Police Dispatch and Emergency Fire Dispatch at a reimbursable cost of $197,245 for the main program and $16,830 to interface it with the SunGard CAD system, for a total of $214,076. (Note: This total represents an increase from the $198,000 as included in the Approved CIP funding for FY 2013-14 in the Communication System Improvements project.) The 9-1-1 Center currently has nine (9) furniture dispatch positions, and this grant will add the necessary furniture to add two additional positions and expand to eleven furniture positions at a reimbursable cost of $62,180. Attachment 1 reflects the currently Approved Communication System Improvements project included in the FY 2013-18 CIP, and Attachment 2 reflects the Amended Communication System Improvements project with the receipt of the $625,828 in grant funds and associated budget adjustments as a result of the grant funds. 2 FINANCIAL IMPACT: This is a 100% reimbursable grant, and there is no additional cost to the County for the receipt of this grant. These grant funds replace the need to use $198,000 in E911 funds for the Emergency Police Dispatch and Emergency Fire Dispatch, as approved in the FY 2013-14 CIP, and reduces the amount of Debt Financing using 9-1-1 funds by $464,180 (from $1,003,242 to $539,062). This budget amendment provides for the receipt of $625,828 in grants funds, and amends the Communication System Improvements Capital Project Ordinance, as reflected in Attachment 2, as follows. Communication System Improvements: (Project#30061) Revenues for this project: FY 2013-14 FY 2013-14 FY 2013-14 FY 2013-14 Current Budget Amendment Amendment Revised (Grant Funds) (Adjustments) Budget Debt Financing—General Fund $334,000 $0 $0 $334,000 Debt Financing—9-1-1 Fund $1,003,242 $0 ($464,180) $539,062 From General Fund $193,474 $0 $0 $193,474 From E911 Fund $914,504 $0 ($198,000) $716,504 Grant Funds $0 $625,828 $0 $625,828 Total Project Funding $2,445,220 $625,828 ($662,180) $2,408,868 Appropriated for this project: FY 2013-14 FY 2013-14 FY 2013-14 FY 2013-14 Current Budget Amendment Amendment Revised (Grant Funds) (Adjustments) Budget Equipment $2,473,220 $625,828 ($662,180 $2,408,868 Total Costs $2,445,220 $625,828 ($662,180) $2.408,868 RECOMMENDATION(S): The Manager recommends that the Board approve Budget Amendment#1-F for the receipt of the Public Safety 9-1-1 grant in the amount of $625,828, and authorize the Manager to execute the grant, sales agreement, and statement of work. 3 Attachment 1 County Capital Projects - APPROVED Fiscal Years 2013 -18 Project Name Communication System Improvements Project Status Approved Functional Service Area Public Safety Transfer from General Fund 193,474 Starting Date 71112012 Department Emergency Services General Fund - Debt Service 35,801 Completion Date 613012018 160,014 Current Year 1 Year 2 Year 3 Year 4 Year 6 Five Year 6 219,009 Prior Years Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Year to Project Budget Funding 2012 -13 2013 -14 2014 -16 2016 -16 2016 -17 2017 -18 Total Year 10 OSSI -CAD Replacement 589,875 - Debt Financing - E -9 -1 -1 800 Mhz Radios 253,077 20,000 122,000 127,000 39,000 920,000 1,228,000 NextGen Phone System 9 -1 -1 Call Taker and Dispatch Software: "Emergency Police Dispatch "Emergency Fire Dispatch "Smart9 -1 -1 Paging Hardware P25 Compliant Radio System Consoles (E- 9 -1 -1) P25 Compliant Radios (Rural Fire Districts) _ Total Project Budget General Fund Related Operating Costs Personnel Services Operations New Debt Service Total Operating Costs 402,000 99,000 99,000 231,026 601,242 150,000 1,073,978 1 1,371,242 1 30,000 150,000 307 402,000 99,000 99,000 30,000 150,000 601,242 150,000 1 35,801 291,921 318,554 379,023 387,537 11412,836 1 1,528,769 36.801 291.921 318.664 379.023 387.637 1.412.836 1 1.628.769 Revenues/Funding Source Transfer from General Fund 193,474 General Fund - Debt Service 35,801 72,912 99,545 160,014 168,528 536,800 1,309,760 From 9 -1 -1 Funds - Debt Service 219,009 219,009 219,009 219,009 876,036 219,009 From 9 -1 -1 Funds 716,504 198,000 30,000 228,000 Capital Projects Fund Balance Debt Financing - E -9 -1 -1 1,003,242 1,003,242 Debt Financing 164,000 1 170,000 122,000 277,000 39,000 920,000 1,528,000 Total - 1,073,978 1 1,407,043 413,921 626,664 418,023 1,307,637 4,172,078 1 1,628,769 Proiect DescriotionlJustification Note: This Communications System Improvements project was reviewed as part of the charge to the Emergency Services Work Group. 0 OSSI: Project funded in FY 12 -13 800 MHz Radios: Portable and mobile 800 MHz radios for all Public Safety Departments County -Wide have or will be reaching seven -years of age. Replacement is necessary to ensure reliability for emergency responders. Only the Emergency Services and Sheriff's departments are included in the CIP. It will be up to each individual municipal or rural department to fund their replacement radios. It is important to establish standard features and specifications for 800 MHz radios (portables and mobiles) to ensure system reliability, optimal integration with new platforms (P25) which will be placed in service by NCSHP/VIPER starting in 2013. Regardless of funding source or user, it is critical that units purchased be standardized to ensure integration, reliability and reduce potential for field failure. The replacement of radios for Emergency Services will be phased over the next five years. The County started purchasing new 800 MHz radios in 2004 and replaced some in FY 2012 -13. Year 1 (FY 2013 -14) includes funding to replace a repeater, and funding in subsequent years for these original radios plus sufficient radios for new staff and begin to replenish disaster radio cache. Year 5 (FY 2017 -18) includes funding of $920,000 for replacement of Sheriff radios. NextGen Phone System: Replacement of the main 9 -1 -1 switch, which is necessary to gain access to Internet (Next Generation) based services. The current switch will have reached the end of its useful life and will no longer be supported by the vendor. If the switch is not replaced, the cost of repairs /maintenance /parts will become very expensive. There is a risk that parts for this equipment will not be available in the coming years. Based on the most current vendor consultation, replacement is approved in FY 2013 -2014. Pricing reflects updated quote and purchase is eligible from 9 -1 -1 funds if approved by 9 -1 -1 Board. 9 -1 -1 Call Taker and Dispatch Software: EPD: ProQA Dispatch Software integrates the National Academy Protocols with today's critical computer technologies and assists telecommunicators in quickly determining the appropriate response specifically configured by local agency authorities. ProQA guides dispatchers in providing relevant Post - Dispatch and Pre - Arrival instructions prior to units arriving on scene. Pricing reflects updated quote and OSSI interface. EFD: Fire Priority Dispatch system will allow all the benefits and safety features of a unified fire protocol system based on fire department approved parameters to combine with the latest in caller integration and response prioritization. Pricing reflects updated quote and OSSI interface. Smart 9 -1 -1: Allows citizens to enter information through a secure website that would be available in the event they need to call 9 -1 -1. When the citizen calls 9 -1 -1 the data automatically displays on the 9 -1 -1 operators work station. The same information is also available via the web to police, fire and EMS units in the field which helps them respond more quickly and effectively. It works seamlessly in today's infrastructure as well as future Next Generation solutions. Paging Hardware: Will provide a reliable station notification system for all County Fire and EMS stations. Can not be funded through 9 -1 -1 funds. P26 Compliant Radio System Consoles: The Project 25 New Technology Standards Project (known as Project 25 or P25) is a multi - phase, multi -year project jointly conducted by the public safety communications community and industry to establish a suite of open standards (known as the Project 25 Standard) that enable the manufacture, procurement, and operation of interoperable digital wireless communications equipment and systems to satisfy the service, feature, and capability requirements of public safety practitioners and other users. Replacement of the current radio systems in the 911 center to continue to integrate with the state -wide VIPER radio network. This upgrade will outfit eleven (11) 911 console positions and furniture for two workstations. Becoming compliant will allow for the capability to provide and maintain a communciations infrastructure supported by the State. PURCHASE MAY BE ELIGIBLE FROM 9 -1 -1 FUND IF APPROVED BY 9 -1 -1 BOARD. P26 Compliant Radios (Rural Fire Districts): Provides for P25 compliant upgrades and programming to existing portable radios for all rural fire districts. 5 Attachment 2 County Capital Projects (REVISED 9/17/13 as per BOA #1 -F) Fiscal Years 2013 -18 Project Name Communication System Improvements Project Status Approved Functional Service Area Public Safety Transfer from General Fund 193,474 Starting Date 71112012 Department Emergency Services General Fund - Debt Service 35,801 Completion Date 613012018 160,014 Current Year 1 Year 2 Year 3 Year 4 Year 6 Five Year 6 219,009 Prior Years Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Year to Project Budget Funding 2012 -13 2013 -14 2014 -16 2016 -16 2016 -17 2017 -18 Total Year 10 OSSI -CAD Replacement 589,875 - Capital Projects Fund Balance 800 Mhz Radios 253,077 20,000 122,000 127,000 39,000 920,000 1,228,000 NextGen Phone System 9 -1 -1 Call Taker and Dispatch Software: "Emergency Police Dispatch "Emergency Fire Dispatch "Smart9 -1 -1 Paging Hardware P25 Compliant Radio System Consoles (E- 9 -1 -1) P25 Compliant Radios (Rural Fire Districts) _ Total Project Budget General Fund Related Operating Costs Personnel Services Operations New Debt Service Total Operating Costs 349,573 107,038 107,038 231,026 601,242 150,000 1,073,978 1 1,334,890 1 30,000 150,000 307 349,573 107,038 107,038 30,000 150,000 601,242 150,000 1 35,801 291,921 318,554 379,023 387,537 11412,836 1 1,528,769 36.801 291.921 318.664 379.023 387.637 1.412.836 1 1.628.769 Revenues/Funding Source Transfer from General Fund 193,474 General Fund - Debt Service 35,801 72,912 99,545 160,014 168,528 536,800 1,309,760 From 9 -1 -1 Funds - Debt Service 219,009 219,009 219,009 219,009 876,036 219,009 From 9 -1 -1 Funds 716,504 - 30,000 30,000 Grant Funds - State E911 Board 625,828 Capital Projects Fund Balance Debt Financing - E -9 -1 -1 539,062 539,062 Debt Financing 164,000 1 170,000 122,000 277,000 39,000 920,000 1,528,000 Total - 1,073,978 1 1,370,691 413,921 626,664 418,023 1,307,637 3,609,898 1 1,628,769 Proiect DescriotionlJustification Note: This Communications System Improvements project was reviewed as part of the charge to the Emergency Services Work Group. A OSSI: Project funded in FY 12 -13 800 MHz Radios: Portable and mobile 800 MHz radios for all Public Safety Departments County -Wide have or will be reaching seven -years of age. Replacement is necessary to ensure reliability for emergency responders. Only the Emergency Services and Sheriff's departments are included in the CIP. It will be up to each individual municipal or rural department to fund their replacement radios. It is important to establish standard features and specifications for 800 MHz radios (portables and mobiles) to ensure system reliability, optimal integration with new platforms (P25) which will be placed in service by NCSHP/VIPER starting in 2013. Regardless of funding source or user, it is critical that units purchased be standardized to ensure integration, reliability and reduce potential for field failure. The replacement of radios for Emergency Services will be phased over the next five years. The County started purchasing new 800 MHz radios in 2004 and replaced some in FY 2012 -13. Year 1 (FY 2013 -14) includes funding to replace a repeater, and funding in subsequent years for these original radios plus sufficient radios for new staff and begin to replenish disaster radio cache. Year 5 (FY 2017 -18) includes funding of $920,000 for replacement of Sheriff radios. NextGen Phone System: Replacement of the main 9 -1 -1 switch, which is necessary to gain access to Internet (Next Generation) based services. The current switch will have reached the end of its useful life and will no longer be supported by the vendor. If the switch is not replaced, the cost of repairs /maintenance /parts will become very expensive. There is a risk that parts for this equipment will not be available in the coming years. Based on the most current vendor consultation, replacement is approved in FY 2013 -2014. Pricing reflects updated quote and will be covered by Grant Funds approved by 9 -1 -1 Board. 9 -1 -1 Call Taker and Dispatch Software: EPD: ProQA Dispatch Software integrates the National Academy Protocols with today's critical computer technologies and assists telecommunicators in quickly determining the appropriate response specifically configured by local agency authorities. ProQA guides dispatchers in providing relevant Post - Dispatch and Pre - Arrival instructions prior to units arriving on scene. Pricing reflects updated quote and OSSI interface. Costs to be covered by Grant Funds approved by 9 -1 -1 Board. EFD: Fire Priority Dispatch system will allow all the benefits and safety features of a unified fire protocol system based on fire department approved parameters to combine with the latest in caller integration and response prioritization. Pricing reflects updated quote and OSSI interface. Costs to be covered by Grant Funds approved by 9 -1 -1 Board. Smart 9 -1 -1: Allows citizens to enter information through a secure website that would be available in the event they need to call 9 -1 -1. When the citizen calls 9 -1 -1 the data automatically displays on the 9 -1 -1 operators work station. The same information is also available via the web to police, fire and EMS units in the field which helps them respond more quickly and effectively. It works seamlessly in today's infrastructure as well as future Next Generation solutions. Paging Hardware: Will provide a reliable station notification system for all County Fire and EMS stations. Can not be funded through 9 -1 -1 funds. P26 Compliant Radio System Consoles: The Project 25 New Technology Standards Project (known as Project 25 or P25) is a multi - phase, multi -year project jointly conducted by the public safety communications community and industry to establish a suite of open standards (known as the Project 25 Standard) that enable the manufacture, procurement, and operation of interoperable digital wireless communications equipment and systems to satisfy the service, feature, and capability requirements of public safety practitioners and other users. Replacement of the current radio systems in the 911 center to continue to integrate with the state -wide VIPER radio network. This upgrade will outfit eleven (11) 911 console positions and furniture for two workstations. Becoming compliant will allow for the capability to provide and maintain a communciations infrastructure supported by the State. Costs of furniture for two (2) workstations will be covered by Grant Funds approved by 9 -1 -1 Board. P26 Compliant Radios (Rural Fire Districts): Provides for P25 compliant upgrades and programming to existing portable radios for all rural fire districts. 7 Contract No. 2014-06 AGREEMENT THIS AGREEMENT (the Agreement) is made effective the day of 2013 by and between Orange County the Grantee, a unit of local government of Orange County North Carolina, and the North Carolina 911 Board (hereinafter referred to as 911 Board), an agency of the State of North Carolina. Grantee and the Board (together "the Parties") hereby agree as follows: WITNESSETH: WHEREAS, the 911 Board was created by SL 2007-383 (N.C. Gen. Stat. §62A-40 et seq.) to collect and administer the 911 Fund; and WHEREAS, Grantee is Orange County North Carolina, represented by Orange County Emergency Communications; and WHEREAS, the 911 Board solicited grant applications pursuant to N.C. Gen. Stat. §62A-47 and procedures for Grants adopted by the Board; and WHEREAS, Grantee desires funding to upgrade current equipment and increase the number of telecommunicator positions in the Orange County Communications Center; and WHEREAS, the Parties desire to contract; NOW, THEREFORE, the Parties enter into this Agreement, and in consideration of the mutual promises and such other valuable consideration as shall be set out herein, the Parties hereto do mutually agree to the following terms and conditions: 1. Definitions: a. Project: Orange County Emergency Communications Enhancement. b. Executive Director: the Executive Director of the 911 Board. C. Grant Funds: the amount authorized for award by the 911 Board, $625,828. d. Grant: Financial assistance provided by the 911 Board, or a subgrantee, to carry out activities whereby the 911 Board anticipates no programmatic involvement with the grantee or subgrantee during the performance of the Grant. e. Grantee: Orange County, notwithstanding N.C. Gen. Stat §143C-6-23(a)(2). f. State Funds: Any funds appropriated by the N.C. General Assembly or collected by the State of North Carolina. The Grant Funds are State Funds. Grantee recognizes that the expenditure of money deposited in the State treasury, including the 911 Fund, is subject to acts of appropriation by the General Assembly and actions of the Budget Director. g. Subgrantee: As defined in N.C. Gen. Stat. §143C-6-23(a)(3), a non-State entity that receives a grant of State funds from a Grantee of a State Agency, here the 911 Board, or a Subgrantee of a Grantee, but does not include any non-State entity subject to the audit and other reporting requirements of the Local Government Commission. Page 1 of 17 8 h. Unit of Local Government: As defined in N.C. Gen. Stat. §160A-460, means a county, city, consolidated city-county, local board of education, sanitary district, facility authority created under Article 20 of Chapter 160A of the General Statutes, special district created under Article 43 of Chapter 105 of the General Statutes, or other local political subdivision, authority, or agency of local government. 2. Scope of Project: The Project comprises upgrading currently used telephone system equipment, radio system equipment and adding four new positions in the County's primary PSAP, and ensuring that such improvements meet the State's radio P25 standard and proposed standards for 911 centers. a. Grantee shall be responsible for management of the Project and completing the objectives and goals presented in the Grant Application. To the extent that the Project includes expenses that are not eligible for reimbursement, Grantee shall be responsible for all expenses for the non-eligible items. b. Goals and objectives include: 1. Orange County will add four additional dispatch positions to meet increases in the Orange County population allowing telecommunicators to handle the rise in calls. The Orange County Board of County Commissioners has approved the increase in staffing from seven (7) to eleven (11)positions in the 911 Communications Center. 2. Orange County 9-1-1 currently utilizes the Priority Dispatch EMD (Emergency Medical Dispatch) system and will expand this by purchasing the Priority Dispatch EFD (Emergency Fire Dispatch) and EPD (Emergency Police Dispatch) systems. Orange County will purchase the interface software to allow for full usage of these systems, and the EFD and EPD quality assurance packages, card sets, and materials for training purposes. C. Grantee shall submit a revised budget and work plan within thirty (30) days of signing this Agreement. These revised documents must reflect any changes and special conditions of the Grant award. The budget must include any matching funds or funds from other sources and the anticipated time when such funds will be spent. The work plan should include a time line and specific milestones and/or deliverables that will be used to measure interim progress and accomplishments of the project during the term of this Agreement. Grant Funds will not be released until these revised documents are approved by the 911 Board Executive Director. d. Grantee will draft one or more Requests for Proposal to be utilized by Grantee in development,procurement and/or operations of the Project. e. Grantee will collect and compile documents as directed by the 911 Board for the purpose of Grantee's verifying the requirements of Article 3 of Chapter 62A. f. Grantee shall assist the 911 Board in any audits of Grant Funds by supplying required document(s) to satisfy the requests of an auditor. 3. Changes in the Project. Page 2 of 17 9 a. If changes or extra work are requested with respect to the Project, such changes must be authorized in writing by the Parties. The 911 Board will not approve any changes that exceed its authority under N.C. Gen. Stat. §62A-40 et seq, or subsequent modification thereof. b. Any work referred to in Paragraph 3(a) above shall be the subject of a separate written agreement between Grantee stating the costs and schedule for completing any such extra work. C. Each Party shall immediately notify the other of any change in conditions or applicable law, or any other event, which may significantly affect its ability to perform the Project. d. The Parties agree that the 911 Board may assign this Agreement to its successor, if any; or continue the Agreement by amending the term if legislation is enacted that does, or may, affect the term of this agreement. e. A request for change in the project period requires advance written approval by the 911 Board Executive Director. The request must be submitted in writing, stating the basis for the request, to the 911 Board Executive Director at least 30 calendar days prior to the expiration of the Grant. The Grantee shall submit a revised budget and any other documentation or information requested by the 911 Board Executive Director indicating the planned use of all unexpended funds during the extension period. 4. Regional/Cons ortium.(Reserved) 5. Term of Agreement. The Parties intend that the term of this Agreement shall begin upon the Effective Date and extend through 31 December 2014 (End Date). The effective period of this Agreement shall commence upon completion by the Parties' authorized signatories (the Effective Date), and terminate upon the End Date unless sooner terminated under Paragraph 14; or amended by written agreement to extend said date by the Parties or their successors in interest. 6. Project Schedule. Grantee shall prepare and deliver a project schedule consistent with this Agreement that substantially conforms to the following: a. The Project is anticipated to be completed in prior to 31 December 2014. In accordance with the Grant Application, the Project Schedule begins with the Effective Date of this Agreement as follows: 1. The new Motorola Radio consoles will have the order placed in queue around the end of April 2013 with actual order and install completed once the State determines the cutover date for P25 which should be around the end of 2013 or early 2014. 2. Prior to 1 December 2014, live implementation of the enhancements. b. Grantee shall prepare and release one or more solicitation documents comprising RFPs or other similar documents within sixty (60) days of the Effective Date. C. Any contracts shall be awarded within thirty (30) days of receipt. d. Equipment and installation funded by this Grant Agreement shall be delivered, installed and tested not later than 5 months from the Effective Date. Page 3 of 17 10 7. Delivery of Grant Funds. The total Grant Funds equals Six Hundred Twenty Five Thousand Eight Hundred Twenty Eight ($625,828) Dollars. The total Project cost anticipated is One Million Three Hundred Ninety Five Thousand Nine Hundred Sixteen ($1,395,916) Dollars. Grant Funds shall be held by the 911 Board and delivered as follows: a. Funds shall be released to Grantee after receiving copies of Grantee's contracts, purchase orders and invoices therefor, and Grantee's satisfactory completion of its obligations under this Agreement. Grant Funds shall not be used for updating data gathered during the Project. The 911 Board may release Grant Funds directly to subgrantees upon receipt of evidence satisfactory to the 911 Board Executive Director that all conditions necessary to release such Funds have been satisfied. Such evidence may comprise demonstrated compliance with work and payment schedules of this Agreement and any agreement with a Subgrantee, relevant contracts, purchase orders and invoices therefor, satisfactory completion of testing and acceptance criteria of Grantee's contracts with its vendors, approval of the Grantee, and such other evidence as the Executive Director deems reasonably necessary or proper. Payment schedules may include pre-determined progress payments, payments based upon time and materials that are not to exceed a maximum amount, retainage, and such other terms that are consistent with this Agreement. b. Grant Funds shall not be released, or paid, in advance of performance of actual services or reimbursable purchases. Funds shall be released only for expenses that are eligible under N.C. Gen. Stat. §62A-40 et seq. and the policies of the 911 Board. C. Indirect costs and administrative costs will not be allowable charges against Grant Funds unless such costs are specifically included in the approved Project budget as incorporated into the award. d. Grantee will maintain full, accurate, and verifiable accounting records to support the preparation of financial statements in conformity with accounting practices applicable to N.C. local governments as approved by, or consistent with, standards of the Local Government Commission. Expenditures must be consistent with the Project Budget and N.C. Gen. Stat. §62A-40 et seq. e. In the event Grantee breaches any of the covenants or agreements contained in this Paragraph, or any of the representations and warranties of Paragraphs 9, 19, and 24 are untrue as to a material fact as of the date of this Agreement, Grantee agrees to return any unearned Grant Funds held by Grantee and refund sums equal to any non-qualified expenditures paid with Grant Funds. Grantee's obligations that are created by this subsection (e), to return Grant Funds and to refund sums, apply only to Grant Funds held by Grantee. Grant Funds are "held" by Grantee only to the extent they are in the actual, not constructive,possession of Grantee. f. Grantee must attend workshops or other instructional sessions relating to administration of the Grant or use of 911 Funds provided by the 911 Board during the term of this Agreement. 8. Travel Expenses. The approved budget does not include travel costs. Such costs, if any, are limited to reimbursement rates set forth in N.C. Gen. Stat. §138-6; as interpreted by the Office of State Budget and Management, and as amended from time to time. Further Page 4 of 17 11 expenditures for travel, conferences, software or equipment that are not within the deliverables and payment schedule annexed hereto and as presented in the approved budget may be reimbursed at the rates set forth in N.C. Gen. Stat. §138-6; as interpreted by the Office of State Budget and Management, and as amended from time to time. The State of North Carolina's Travel Policy is contained in the State Budget Manual located on the Internet at htlp://www.osbm.state.nc.us. Original receipts for such expenses shall be retained by Grantee. 9. Independent Status of Grantee. a. It is agreed between the Parties that neither this Agreement nor any provisions hereof shall be deemed to create a partnership or joint venture between Grantee and any third party; nor with the 911 Board. It is further agreed that except for the rights expressly granted to Grantee or the 911 Board in this Agreement, neither of them shall have any proprietary rights in the Project. b. The Parties acknowledge that Grantee is an independent entity. Grantee shall not represent itself as an agent of the 911 Board; nor shall the Agreement be construed so as to make Grantee an agent of the 911 Board. Grantee shall not have the ability to bind the 911 Board to any agreement for payment of goods or services, nor shall it represent to any person or entity that it has such ability. Grantee shall be responsible for payment of all its expenses, including rent, office expenses and all forms of compensation to employees. Grantee shall provide workers compensation insurance to the extent required for its operations and shall accept full responsibility for payments of unemployment compensation, social security, income taxes and any other charges, taxes or payroll deductions required by law in connection with its operations, for itself and its employees who are performing work pursuant to this Agreement. All expenses incurred by Grantee are its sole responsibility. The 911 Board shall not be liable for the payment of any obligations incurred in the performance of the Project. 10. Conflicts of Interest. Grantee acknowledges and represents that it has adopted policies governing conflicts of interest and ethics in the exercise of its authority, and its actions under this Agreement. Grantee will review, disclose and employ its best efforts to resolve any anticipated or reported conflict of interest or issue involving its ethics policies during the performance of this Agreement. Grantee shall, upon request, submit a copy of its conflict to interest policy, and shall ensure that such policy conforms to the requirements of N.C. Gen. Stat. §143C-6-23 and other applicable laws. 11. Obligation of Funds. Grant Funds provided by the 911 Board may not be utilized for expenses incurred by Grantee prior to the Effective Date or subsequent to the Termination Date. All unpaid obligations incurred prior to the Termination Date shall be paid and satisfied by Grantee within thirty (30) days thereafter. Prior approval shall not be required for changes that affect the approved budget unless the Grant Application Budget Narrative is exceeded by ten (10%)percent or $500.00, whichever is greater. Any changes in the approved budget that would result in the addition or deletion of a budget category shall require prior approval from the 911 Board. 12. Project Records. a. Grantee shall maintain full, accurate and verifiable financial records, supporting documents, and all other pertinent data for this Project in such a manner so as to identify and document clearly the expenditure of Grant funds provided under this Agreement, Page 5 of 17 12 separate from accounts for other awards, monetary contributions, or other revenue sources for this Project. b. Grantee shall retain all financial records, supporting documents, and all other pertinent records related to the Project for five (5) years from the Termination Date. In the event such records are audited, all Project records shall be retained beyond such three-year period until any and all audit findings have been resolved. C. Pursuant to N.C. Gen. Stat. §143C-6-23, and §147-64.7, Grantee agrees to make available to the State Auditor, Grantee, or designated representatives of the foregoing, all of its records which relate to the Project, and agrees to allow the 911 Board or its representative to audit, examine and copy any and all data, documents, proceedings, records and notes of activity relating in any way to the Project. Access to these records shall be allowed upon request at any time during normal business hours and as often as the 911 Board or its representative may deem necessary. d. Grantee acknowledges and agrees that it will be subject to the audit and reporting requirements prescribed by N.C. Gen. Stat. § 143C-6-23 et seq., Non-State Entities Receiving State Funds or N.C.G.S §159-34, The Local Government and Fiscal Control Act - Annual Independent Audit, Rules, N.C. Gen. Stat. §62A-40 et seq. and the policies of the 911 Board, and Regulations; as applicable. Such audit and reporting requirements may vary depending upon the amount and source of funding received by Grantee, and are subject to change from time to time. Grantee shall constantly monitor all performance under Grant-supported activities, including activities performed by Sub-grantees, to ensure that time schedules are being met, projected work units by time periods are being accomplished, and other performance goals are being achieved. Such obligations to comply with the Board's or other agency's monitoring activities shall survive grant closeout and the termination of this Agreement. 13. Publications. a. Any published or distributed reports, data, or other information shall contain a disclaimer statement to the following effect: Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view and policies of the 911 Board. b. 911 Board may publish or arrange for the publication of information resulting from work carried out under this Agreement, and copyright any books, publications, films, or other copyrightable materials developed in the course of or resulting from work under this Agreement. C. Upon publication of materials resulting from the work of the Project, Grantee shall furnish a minimum of two copies of reprints to the 911 Board. 14. Termination, Availability of Funds. a. If Grantee fails for any reason to fulfill in a timely and proper manner its obligations under this Agreement, the 911 Board shall thereupon have the right to terminate this Agreement by giving written notice to Grantee of such termination and by specifying the effective date of termination. In such event, the 911 Board shall have no responsibility to make additional payments under this Agreement after the Termination Date. No further expenditures shall be made under this Agreement except for such work Page 6 of 17 13 as shall have already been performed prior to the Termination Date and Grantee shall return all unearned funds upon the demand of the 911 Board. The Grantee shall not be relieved of liability to the 911 Board for damages sustained by the 911 Board by virtue of any breach of this agreement, and the 911 Board may withhold payment to the Grantee for the purpose of set off until such time as the exact amount of damages due the 911 Board from such breach can be determined. b. The Parties may terminate this Agreement by mutual consent upon sixty (60) days notice. Notice may be given by either party to the other at the addresses and to the attention of the Party's representative specified in Paragraph 28 below. C. Termination of the contract by the Grantee shall not prohibit the 911 Board from seeking remedy for additional costs consequential to the termination, which are incurred by the 911 Board. The Grantee shall repay to the 911 Board any Grant Funds received in excess of the payment due under this Agreement. d. Grantee recognizes that the expenditure of money deposited in the State treasury, including the 911 Fund, is subject to acts of appropriation by the General Assembly and actions of the Budget Director. 15. Liabilities and Loss. The 911 Board assumes no liability, nor shall it have any liability under this Agreement, with respect to accidents, bodily injury, illness, breach of contract or any other damages, claims, or losses arising out of any activities undertaken by Grantee or its contractors under this Agreement, whether with respect to persons or property of Grantee, or third parties. Grantee agrees to obtain insurance to protect it and others as it may deem desirable, or, if it elects not to obtain such insurance, it represents that it has adequate resources available to it for this purpose. Further, Grantee agrees to indemnify, defend and save harmless the 911 Board, and their respective officers, agents and employees against any liability, including costs and expenses and attorneys fees, for the violation of any proprietary right or right of privacy arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any information published resulting from the work of the Project or based on any libelous or other unlawful matter contained in such information. Grantee also further agrees to indemnify, defend and save harmless the 911 Board, and their respective officers, agents and employees from any and all claims and losses accruing or resulting to any and all subgrantees, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the Project and the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by Grantee or its agents in the performance of the Project. 16. Bankruptcy of Third Parties. In the event that any Sub-grantee (or other entity other than Grantee) receiving Grant funds files bankruptcy owing Grantee, the Board or other entities any money, it shall be the sole responsibility of Grantee to (i) immediately notify the Board and (ii) pursue all reasonable claims against the debtor in bankruptcy to obtain the maximum payment allowed by law. To the extent that Grantee fails to pursue the debtor in bankruptcy and obtain the maximum payment allowed by law, Grantee shall be responsible for all amounts paid to such Third Party that are not returned to Grantee; and no Grant Funds may be expended to replace such monies or payments represented by claims against the Third Party. 17. Remedies. In the event of Grantee's non-compliance with any provision in this Agreement, Grantee agrees that the Board may take any actions authorized by law or by this Page 7 of 17 14 Agreement, including but not limited to those described in 9 N.C.A.C. 3M.0401. These remedies include, but are not limited to, reducing or suspending Grant funds or terminating the Grant, including the withdrawal of all funds described in this Agreement except for funds already expended on otherwise eligible activities which may not be recaptured or deducted from future grants. The Board may also require Grantee to reimburse Grantee's Program account, or improperly expended funds by Grantee or any Subgrantee or other Third Party. Additionally, the Grant and the Program may be terminated by either party for convenience. a. Upon non-compliance with the applicable provisions of 9 N.C.A.C. 3M, the Board shall take measures under .0801 of that Subchapter to ensure that the requirements are met, including: communicating the requirements to the non-State entity; requiring a response from the non-State entity upon a determination of noncompliance; and suspending payments to the non-State entity until the non-State entity is in compliance. b. Pursuant to 9 N.C.A.C. 3M.0703(11), the Parties may terminate this Agreement with 60 day's notice by mutual consent, or as otherwise provided by law. Pursuant to 9 N.C.A.C. 3M.0703(13), unexpended grant funds shall revert back to the Board upon termination of the Agreement, unless otherwise provided by applicable laws, rules, regulations or orders. C. However, no termination of this Agreement or the Grant (i) removes Grantee's liability regarding any Grant funds improperly expended (including the Board's enforcement abilities to recover such funds) or (ii) removes Grantee's existing and continued obligations and liabilities with respect to Grant funds already properly expended (including the Board's enforcement abilities). 18. Entire Agreement. This Agreement supersedes all prior agreements between the 911 Board and Grantee, and expresses the entire understanding of the Parties with respect to the transactions contemplated herein, and shall not be amended, modified or altered except pursuant to a writing signed by both Parties. 19. Grantee Representation and Warranties. Grantee hereby represents and warrants that: a. Grantee is duly organized and validly existing as a unit of local government under the laws of the State of North Carolina. b. This Agreement constitutes a binding obligation of Grantee, enforceable against it in accordance with its terms. The execution and delivery of this Agreement have been duly authorized by all necessary action on the part of Grantee, and does not violate any applicable organizational documents of Grantee, or any agreement or undertaking to which it is a party or by which it is bound. C. There is no action, suit, proceeding, or investigation at law or in equity or before any court, public board or body pending, or to Grantee's knowledge, threatened against or affecting it, that could or might adversely affect the Project or any of the transactions contemplated by this Agreement or the validity or enforceability of this Agreement or Grantee's ability to discharge its obligations under this Agreement. d. All consents or approvals necessary from any governmental authority as a condition to the execution and delivery of this Agreement have been obtained by Grantee. Grantee shall provide the 911 Board with evidence of the existence of all such contracts at the time of the execution of this Agreement. Page 8 of 17 15 e. The Grantee will notify the 911 Board Executive Director of any significant problems relating to the administrative or financial aspects of the award, such as misappropriation of funds; use of 911 Funds for non-eligible expenses; placement or retaining 911 funds in any account other than the Emergency System Telephone Fund. 20. Performance Measures. Grantee shall ensure that its contracts with third parties include performance measures that provide remedies ensuring protection of the Grant Funds, any matching funds or funds from other sources, and that secure completion of this Agreement consistent with the time and budget for the Project. Specific measures are within the discretion of Grantee, and shall consider including measures including one or more of the following: a. Requiring terminated vendors to provide costs of cover for replacement goods or services. b. Termination of vendor contracts for cause and vendor's forfeiture of rights to payment. C. Grantee's ownership, or free use, of all planning materials, estimates, drafts, plans, drawings and similar items or information produced by Grantee's vendors in the event of termination for any reason. d. Grantee's requirement that its vendors provide contract security for their performance, including but not limited to, bonds, letters of credit, escrows of funds or other assets, or like security. e. Terms and conditions of agreements allocating damages and setting forth limitations of liability as may be necessary or proper to ensure that any breaches or failures to perform by Grantee's vendors, as a minimum measure, f. Acceptance testing and warranties for any and all equipment, goods and services provided by Grantee's vendors of sufficient duration and measurement to ensure performance consistent with 911 center operations. 21. Subcontracting. Grantee shall not subcontract any of the work contemplated under this contract without obtaining prior written approval from the 911 Board. Any approved subcontract shall be subject to all conditions of this Agreement. Only the subgrantees specified in the Application are to be considered approved upon award of the contract. Grantee shall be responsible for the performance of any subgrantee; and shall require all subgrantees to comply with the provisions of the grant award, including this Agreement. Grantee shall be responsible for the performance of any subgrantee. a. Grantee shall ensure that any subgrantee provides all information necessary or proper to ensure compliance with this Agreement and the timely completion of the Project. b. The Grantee shall provide all necessary personnel, equipment, and facilities required to implement the work as stated in the Grantee's grant application and subsequently approved project schedules, budgets and project scope identified herein, in accordance with the stated objectives, goals, results, standards, and deliverables. 22. Excusable Delay (Force Majeure). Neither party shall be liable for any failure or delay in performing any of its obligations under this Agreement that is due to causes beyond its reasonable control, such as, but not limited to, acts of God, earthquakes and other natural Page 9 of 17 16 catastrophes, governmental acts, shortages of supplies, riots, war, fire, epidemics, delays in common carriers, labor strikes or other difficulties or circumstances beyond its reasonable control. Grantee shall notify the 911 Board promptly of any factor, occurrence or event that comes to its attention that may affect or delay Grantee's ability to perform any of its other obligations hereunder. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. 23. Dispute Resolution. The Parties agree that it is in their mutual interest to resolve disputes informally. A claim by Grantee shall be submitted in writing to the 911 Board for decision. A claim by the 911 Board shall be submitted in writing to Grantee for decision. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Agreement. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this Agreement, or at law; or invite the other party to submit the matter to mediation. If both Parties agree to submit the matter to mediation, the following actions shall be taken: a. Each Party shall recommend a mediator certified by the N.C. Courts after first determining that the recommended mediator, and said mediator's firm, if any, have no conflict or prior knowledge of the matter to be resolved, and no prior work for or against either Party; and, b. The recommended mediators must have knowledge of the general subject matter of the FCC 911 laws, regulations and 911 practices; and, C. The recommended mediators must be able to execute and deliver a satisfactory confidentiality and non-disclosure agreement if information exempt from disclosure under N.C. Gen. Stat. §132-1, et seq. is relevant or material to the matter to be resolved; and, d. Recommended mediators and their respective contact and qualification information shall be exchanged within five (5) days to each party as provided in Paragraph 28 below following the agreement to mediate; and e. Unless the Parties mutually agree to select a particular mediator, the selection of a mediator shall be determined by the Mediator's earliest available date to initiate mediation. Any agreement to mediate shall require the Parties to appear and mediate the matter in good faith in accordance with the schedule and calendar established by the Mediator; and, f. Provided, however, that this term shall not constitute an agreement by either Party to mediate or arbitrate any dispute; and that any agreement to mediate may be revoked or terminated without penalty therefore if so advised by the N.C. Attorney General. 24. Special Provisions and Conditions. a. The 911 Board may request from Grantee certain information that will assist 911 Board with evaluation of the short and long-range impact of its programs. Grantee recognizes that such requests may occur after termination of this Agreement and agrees, to the extent possible, to provide such information as requested. Page 10 of 17 17 b. If the 911 Board finds that Grantee has used grant funds for an unauthorized purpose, or in a manner not agreed and approved as provided in this Agreement, the Board shall report such findings to the Attorney General, The Office of State Budget and Management, the Office of the State Auditor, and the Office of the State Controller, as may be required by applicable law and regulations. Funds shall not be disbursed to Grantee if the Grantee fails to comply with the reporting requirements of this Agreement. C. Nondiscrimination. Grantee agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap related to the activities of this Agreement. d. Conflict of Interest. Grantee certifies that to the best of its knowledge no employee or officer of Grantee has any pecuniary interest in the business of the 911 Board or of the Project, and that no person associated with Grantee has any interest that would conflict in any manner with the performance of the Agreement. e. Order of Precedence. To the extent of any conflict between this Agreement, including the Exhibits comprising Grantee's Grant Application and supporting documents and Reporting Schedule, such conflicts shall be resolved by first referring to this Agreement, followed serially by the Reporting Schedule, grant application, and lastly by other subordinate documents in reverse order to their adoption. f. Compliance with Laws. Grantee shall at all times observe and comply with all laws, ordinances, and regulation of the state, federal and local governments which may in any manner affect the performance of the Agreement. g. Non-Assignability. Grantee shall not assign any interest in the Agreement and shall not transfer any interest in the same without prior written consent of the 911 Board; provided, however, that claims for money due to Grantee from the 911 Board under this Agreement may be assigned to any commercial bank or other financial institution without such approval. h. Personnel. Grantee represents that is has, or will secure at its own expense, all personnel required to carry out and perform the scope of services required under this Agreement. Such personnel shall be fully qualified and shall be authorized under state and local law to perform such services. i. Future Cooperation. The Board and Grantee agree to cooperate fully with one another, to execute any and all supplementary documents and/or agreements that may be necessary or helpful to give full force and effect to the terms of this Agreement and to the Parties' intentions in entering this Agreement. j. Illegal Aliens. No costs incurred as a result of work performed by illegal aliens shall be eligible for reimbursement by Grant funds. As such, in submitting a reimbursement request to the Board for payment, Grantee shall be required to certify to the Board that the expenses for which reimbursement is sought were not incurred as a result of work performed by illegal aliens. 25. Intellectual Property Rights. All documents, data, databases, maps, compilations and other works produced by Grantee or any subgrantee under this Agreement shall be considered either Works for Hire under applicable copyright law, or as public records, and neither Grantee nor any subgrantee shall have any property rights of ownership in such works. Page 11 of 17 18 26. Confidential Information. The Parties acknowledge and agree that each is subject to the N.C. Public Records Act, which is set forth in N.C. General Statutes 132-1, et seq. The Parties further acknowledge and agree that other standards of confidentiality may apply to information made or received during the performance of this Agreement. Such information may include proprietary information of a third party. Prior to accepting any proprietary information, the receiving Party shall ensure that an appropriate and acceptable non-disclosure agreement (NDA) is prepared. Any NDA shall ensure: a. That the Proprietary Information is protected as permitted by applicable law, b. That the Proprietary Information is available and accessible to all persons as may be necessary to complete the purposes of this Agreement, and C. That the Proprietary Information is clearly marked as such. 27. Proprietary Information: Proprietary information shall be subject to the N.C. Public Records Act, which is set forth in N.C. Gen. Stat. 132-1, et seq. Grantee shall ensure that any third party is encouraged to review the applicable Statutes prior to submitting any information or documentation believed to be proprietary. a. 911 Board may maintain the confidentiality of certain types of information described in N.C. Gen. Stat. §132-1, et seq. Such information may include trade secrets defined by N.C. Gen. Stat. §66-152 and other information exempted from the Public Records Act pursuant to N.C. Gen. Stat. §132-1.2. b. Grantee may permit third parties to designate appropriate portions of reports, data, and other deliverables as confidential, consistent with and to the extent permitted under the statutes set forth above, by marking the top and bottom of pages containing confidential information with a legend in boldface type "CONFIDENTIAL." By so marking any page, any disclosing party warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors that the portions marked confidential meet the requirements of the Statutes set forth above. c. The 911 Board may serve as custodian of confidential information and not as an arbiter of claims against any party's assertion of confidentiality. If an action is brought pursuant to N.C. Gen. Stat. §132-9 to compel disclosure information marked confidential, the disclosing party agrees that it will intervene in the action through its counsel and participate in defending the 911 Board, including any public official(s) or public employee(s). The 911 Board agrees to promptly notify Grantee in writing of any action seeking to compel the disclosure of a third party's confidential information. The 911 Board shall have the right, at its option and expense, to participate in the defense of the action through its counsel. The 911 Board shall have no liability to Grantee or any third party with respect to the disclosure of confidential information ordered by a court of competent jurisdiction pursuant to N.C. Gen. Stat. §132-9 or other applicable law; nor by disclosure of unmarked information or information that is publicly known. 28. Notice. All notices required or permitted to be delivered hereunder and all communications in respect hereof shall be in writing and shall be deemed given when personally Page 12 of 17 19 delivered by one or more of the following: when deposited in the United States mails, first class, postage prepaid and properly addressed, by facsimile, or by e-mail, as follows: If to the 911 Board: Attn: Richard Taylor, Executive Director N.C. 911 Board P.O. Box 17209 Raleigh, NC 27609 Fax: 919-981-2548 E-Mail: Richard.Taylor @nc.gov If to Grantee: Attn: Craig Blackwood Data Manager 510 Meadowlands Drive Hillsborough, NC 27278 Fax: 919-732-8130 E-Mail : caackwood@Orangecountync.gov or addressed to such other address or to the attention of such other individual as the 911 Board or Grantee shall have specified in a notice delivered pursuant to this Subsection. 29. Construction. This Agreement shall be construed and governed by the laws of the State of North Carolina. The place of this Agreement, its situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or in tort, relating to its validity, construction, interpretation and enforcement shall be determined. The Parties agree and submit, solely for matters relating to this Contract, to the jurisdiction of the courts of the State of North Carolina, and stipulate that Wake County shall be the proper venue for all matters. 30. This Agreement will expire if not signed and returned to the 911 Board for countersignature no later than ninety (90) days from the date it was sent to Grantee. Page 13 of 17 20 IN WITNESSETH WHEREOF, the Parties hereto have executed this Agreement as of the date first above written. Orange County By: Title: ATTEST: Date: This instrument has been preaudited in the Manner required by the Local Government Budget and Fiscal Control Act. By: Chief inance Pinancial officer N.C. 911 Board By: Title: Date: Page 14 of 17 21 Exhibit A Reporting Schedule Grantee shall report the following to the Board, by providing information to the Executive Director: 1. Grantee's contracts shall include performance measures and acceptance testing criteria to ensure that the equipment and services meet the operational and technical requirements of the 911 center. Grantee shall provide copies of contracts, purchase orders and invoices for any equipment or services for which Grant Funds will be expended, including direct disbursements to subgrantees, if any. Such items shall be reported to the Executive Director in a timely manner to ensure prompt payment for any authorized invoices. 2. Progress Reports or assessments that demonstrate the success, or lack thereof, of the Project. The progress reports shall include activities and actions within the Scope of Project (Section 2), Project Schedule (Section 6), and the following information: a comparison of actual accomplishments to the goals and objectives described in the Grant Application as such are established for the period and any significant findings; reasons why established goals were not met, if applicable; and other pertinent information including, where appropriate, analysis and explanation of cost overruns or projected changes in time or funding needed for completion of project objectives. 3. Reports: The Grantee shall provide monthly reporting of contracts, purchase orders and other financial matters identified in Paragraph 1 above. These monthly reports shall be delivered to the Executive Director beginning on 1 October 2013 and continue thereafter on the first of each month for the term of the Agreement. a. The Grantee shall submit one copy of the each report via email in Microsoft Word and PDF format to the Project Officer and one copy of the transmittal letter to the Grant Administrator. b. The Grantee shall appear and provide presentations to the 911 Board during the term of this Agreement upon request of the 911 Board. 4. Interim Reports: Between the required reporting dates, events may occur which have significant impact upon the project or program. In such cases, the Grantee shall inform the 911 Board as soon as the following types of conditions become known: a. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work. This disclosure shall be accompanied by a statement of the action taken or contemplated, and any Federal assistance needed to resolve the situation. b. Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. 5. Final Technical Report a. An interim report and final report documenting activities and outcomes is required. In addition, an ROI case study describing the project, completed ROI spreadsheets, Page 15 of 17 22 financial analyses summary, and multi-agency financial business case for the project should be attached to the final report. b. The Grantee shall submit one copy of the final technical report via email in Microsoft Word and PDF format to the Project Officer and one copy of the transmittal letter to the Grant within 90 days of the end of the project period. c. The final technical report shall document and summarize the results of the work. Such reports shall contain a comprehensive review of accomplishments, a chronological bibliography of any publications as well as significant scientific papers resulting from the work performed. The final report shall be submitted within 90 days of the end of the project period. 6. Budgets and/or budget projections for subsequent years, as may be developed during the term of this Agreement, illustrating financial support to update and maintain the Project equipment. Page 16 of 17 23 Exhibit B Grant Application Grantee's grant application is incorporated by reference. Page 17 of 17