HomeMy WebLinkAboutAgenda - 08-21-2007-4yORANGE 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/IV) ~~
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 interoperability with 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 far installation services of $52,733.51 and authorize the
Manager to sign the contract.
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 3, 2005
Action Agenda
Item No. ~ -~~!
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 Application
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 Pragrarn Section. Federal funding is allocated in accordance with a DHS
formula of 80% far 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 far 9-1-1 Center interaperable communications
console equipment. In May 2005, the County was notified that it had been awarded a total of
$63,000 far 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
aansales were utilizing antiquated technology and were in failing condition, The consoles were
installed in 1993 with an expected 10-year lifespan. New pacts are no longer manufactured far
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 #a 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 na County match required for the receipt of the S#ate-
administered reimbursable Federal grant. The Catanty will file for reimbursement from the State
pursuant to the terms of the grant. There may be some incidental use of existing staff time;
however, na additional County costs should be expected.
REGOMMENpATION(S}: 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 for the
grant, and
• authorize the Manager to sign the Memorandum of Agreement and Designation forms.
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Nort~l Carolina I7epar~tment of Came Cont~•ol and Public Safety
MichaelF Easley,Gavernar BryanE Beatty, Secretary
May 26, 2005
Mr Craig Blackwood
Orange County Emergency Management
Post Office Box 8182 .
Hillsborough, Dlorth Carolina 27?S3
Dear Mr B]acltwaad:
As the State Administrative Agent foz Homeland Security, I am pleased to inform
you that your application Consolidated Orange C,'ounty 800 Mhzlmplementation , #297
has been selected by the Homeland Security Grant Review Comnuttee to receive funding
undez the DHS Homeland Secuziiy Grant Pragram_ The total amount of federal funds
recommended for your' project is $63,0(10 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.
I.€ you have any questions oz need further assistance, please contact Mz. l'oe
kitzpatxick, Homeland Security Branch Manager, Division of Emergency Management,
at (919) 715-8000, ext 340.
Sincerely,
,e ~~ €?
Bzyan E Beatty
Secretary
BEB: cl
MAILING ADDRESS: aFFICE LQCATION:
4701 Mail Service Center 512 N. Salisbury Street
Ftalcigh, NC 27699.4701 Ralei0h NC 27608-IIS9
Tc)ephonc:{9I9) 133-2126 Fax: (919) 715-8477
www.NCCrImeCoatral org
{~-"` J An,Egnn1 apporntniry/Affirmntivc Action Ernptoycr
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MOA #:10021
Tax #: 56-6000327
Fuzzd Code #:249642801030
MOA Amount: $63,,000
CDFA #: 97.067
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 terrozism within the State ofNorth
Carolina, funding has been allocated to foz the procurement of equipment as agreed upon in the
2005 Governor's Crime Commission pre-application number 29'7.
II. PURPOSE
The Department of Crime Contzol and Public Safety, I3ivisian of Emergency Management
(Division of EM) and Orange County, will enter into an agreement to provide funding foz
equipmentwill beused on-scene by fast responders and state personnel to prepare for a
threatened or actual VJML7 or domestic tetroxist attacks, major disasters, and other emez~geneies
to protect human life, property, and the environment.
III. PARTIES
The patties to this Memorandum of Agreement (MOA) are: North Carolina Department at
Czixne Contzol & Public Safety, Division of Emergency Management and Orange County,
henceforth referred to in this document will be zefetred to as AGENCY
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N. BACKGROUND
The U.S Depaziment of Homeland Security anal the Office of Domestic Prepatedness has made
funds available through tl2e State 1'-Iomeland Security Grant Number: FY2005-GE-TS-0051 to
implement the Sta#e Homeland Security Sttategx 2004-2006
The State of North Carolina, Department of Crime Control and public Safety (COPS},Division
of Emergency Management (Division of EM) and the AGENCY enter into an arrangement by
which the Division of EM will provide Federal. reimbursement funding to the AGENCY for the
put~chase of equipment as agreed upon in the 2005 Governor's Crime Commission pre-
applieaiion number 297
V. AUTHORITY
The patties enter into this MOA under the authozity of the following: 1}Public Law 105-2'77, the
Depaztments ofCammerce, rustice, anal State, the Trrdiciary, and Related Agencies
Appropriations Act, 1999 (Div. A, Sec.101 (B) at 112 Stat. 2681-50}; 2) Department of Tustice
Appropriations Act, 1999 (Div. A, Sec. 101{0, Title 1 at 112 Stat. 2681-50; 3} public Law 107- i
S6, the U.S. Patriot Act of 2001; 4) Public Law 107-296, the Homeland Security Act of 2002; 5) i
Public I,aw 108-11, the Waztime Supplemental Appropziations Act of 2003; 6) FY 2003
Omnibus AppropriationsAet; 7} the implementing regulations of each Act or Law; 8} The U. S
Depaztment of Homeland Security Office of~State and Local Goveznment Coordination and
Prepazedness, Office of Domestic Preparedness Fiscal Year 2005 State Homeland Security Grant ~
Program Guidelines and Application Kit available at
htf~!/www.ajp.usdoj.gov/guidelinesinfo.htm ; 9) applicable ODP lnfozmation Bulletins; and 10)
The N C. Emergency Management Act, Chapter 166A of the North Carolina General Statutes.
VI. DiITIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIME
CONTROL AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT
The Depaztment 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 pze-
application number 297 undez the applicable USDHS, SLGCP, ODP Program Guidelines and
Application Kits incorporated by reference herein, of this MOA for the enhancement of theiz
WN.>P preparedness.
B. AGENCY will utilize its depaztmental procurement procedures and policies from the
purchase of equipment and follow procurement procedures and policies outlined in the !
applicable federal regulations, and as outlined in the applicable USDHS, SLGCP, ODp
i
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Program Guidelines and Applicatian Kits and the USDOJ Office of justice Pzogz•ams
Financial Guide
C. Procure the equipment as indicated in the applicable USDHS, SLGCP, ODP Program
Guidelines and Application Kits incorpaxated by reference herein. AGENCY shall order,
zeceive, inspect, and stage the items at its own facility. The purchase or acquisition of any
additional materials, equipment, accessozies oz supplies, or the provision of any training,
shah be the sole responsibility of AGENCY and shall not be reimbursed under this MOA.
D AGENCY shall submit invoice(s) fox item(s) received and Payment Package to the
NCEM Homeland Security grants coardinatox requesting reimbursement The Department of
Crime Control and Public Safety, Division of Emergency Management will reimburse
AGENCY for eligible casts as outlined in the applicable f.TSDIiS, SLGCP, ODP Program
Guidelines and Application Fits
E Complete the procuz•ement (s) prracess not later than lVlar~eb 31, 2007.
F. Caxnply with the applicable federal statutes, regulations, policies, guidelines and
requirements, reporting requirements and certifications as autlined in the applicable USDHS,
SLGCP, ODP Program Guidelines and Application Kits and as outlined in the Standazd
Assurances, incorporated by reference herein.
G. All original recards pertinent to this MOA shall be retained by AGENCY three years
from the date of the final Financial Status Repozt as outlined in the appfieable USDHS,
SLGCP, ODP Program Guidelines and Application Kits and the USDOJ Office of'Tustice
Programs Financial Guide, with the fallowing exception: Tf any litigation, claim oz' audit is
stazted before the expiration of the three year period and extends beyond the three year
period, the recaxzis will be maintained until all litigation, claims or audit findings involving
the records have been resolved
VIII. FUPdDING AND GUMPEP+ISA.TION
the Department of Crime Control and Public Safety, Division of Emergency Management will
znimhurse ACxENCY for the actual eligible costs incurred fox the subject of'this grant, not to
exceed $63,OOQ (Sixty Three Thousand Dollazs}. Funds will be provided by the State ofNazth
Carolina, Department of Crime Contra1 and Public .Safety, Division of Exnez~gency Management
The allocation of funds will be from the USDHS, SLGCP, ODP FY 2flQS Homeland Security
Grant Program
All terms and conditions of this Agr~eernent are dependent upon and subject to the allocation of
funds fzom USDHS, SLGCP, ODP and the Department of'Crime Control and Public Safety,
Division af'Emergency Management for the ptrrposes set forth and the MOA shall automatically
terminate if funds cease to be available.
Allowable eligible costs shall be determined in accordance with the applicable federal
regulations, including but not limited to, 28 C.F R Pacts 66, b7, 69 and 70, and the applicable
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USDHS, SLGGP, ODP Program Guidelines and Application Kits available at
htt~,//www.ojp.usdoj.gov/guidelinesinfo.htm ,OMB Circulars A-21, A-$ 7, A-122, A-l2$ and A-
133, the U.S. DO.r OffZCe of Justice Progz•ams Financial Guide available at
htta://www.ojp.usdoi.~ov/ FinGuide! and the approval of the State Administrative Agent FOR
THE STATE OF NORTH CAROLINA, the Secretary of Crime Control and Public Safety The
applicable USDHS, SLGGP, ODP Prngr•am Guidelines and Application Kits, include but may
not be limited to, the following: 1{fiscal Year 2005 State Homeland Sectuity Gxant Program
Guidelines
The sub-grantee may aetairr and use up to 2.5% of the awazrl amount $63,000 for management
and administrative purposes
IX. M4DIFICATI4N OF THE AGREEMENT
Modifications of this agreement must be in wxiting and upon approval of'both parties except as
modified by official USDHS, SLGGP, ODP Federal Grant Adjustment Notice (CAN)..
X. PRAPERTY
All property furnished under this agreement shall become the propexty of the AGENCY The
AGENCY shall be responsible for the custody and caze of any propexty fuunished for use in
connection with the performance of #his agreement and shall reimburse the Division of
Emergency Management fox any loss or damage to said property to the extent pezmitted by the
North Carolina Ioxt Claims Act oz other applicable laws. The Depaztment of Crime Gontrnt and
Public Safety, Division of Emergency Management will not be held responsible for any
equipment purchased by AGENCY
X.I. COMMI7NIGATIONS
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 sezve as its central point of contact responsible foz
coordinating and implementing this MOA The Department of Crime Control and Public Safety,
Division of Emexgency Management contacts shall be Mx. H Douglas HoeiI, Jr., Diz•ectoz; roe
Fitzpatrick, Homeland Security Branch Manager and Vickie Durham, Giant Manager
A}I confidential infoxmation of eithez party disclosed to the other pasty in connection with the
sexvices provided hereunder will be treated by the receiving party as confidential and restricted
in its use to only those uses contemplated by the texms of this Agreement Any infoxaiation
which is to be treated as confidential must be cleazly mazked as confidential prior to transmittal
to the othex patty Neither party shall disclose to thud panties, the other party's confidential
infoxmation without written authozi2ation to do so from the other party Specifically excluded
from such confidential treatment shall be information which: {i) as of the date of disclosure
and/or delivery, is already known to the peaty receiving such information; (ii) is oz becomes pant
of'the public domain, thzough no fault of the receiving party; (iii) is lawfully disclosed to the
receiving party by a thix•d. pazty who is not obligated to retain such infoxmation in confidence; oz
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(iv) is independently developed at the receiving pasty by someone not privy to the confidential
information.
XQ. SUBCUNTRA.CTINGAHD SUBGRANTING
Tf the AGENCY subcontracts or subgrants any or aI1 purchases required under this Agreement,
AGENCY agrees to include in the subconizact 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/subgz•antee shall hold the Department of Crime
Control and Public Safety, Division of'Emergeney Management harmless against all claims of
whatever nature arising out of the subcontractor's performance ofwork under this MOA, to the
extent allowed and required by law. If AGENCY subcontracts/subgrants, a copy of the executed
subcontractlsubgrant agreement must be forwarded to the Division of Emergency Management
and approval granted prior to the execution of said subcontractJsubgrant. Contractual
azr~angement shall in na way relieve AGENCY of its responsibilities to ezrstu~e that all funds
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, SLGGP, ODP, Homeland Security and Offrce of Domestic Preparedness Program
Guidelines and Application Kits referenced herein.
XLII. CONII'LIANCE WITH THE LAW
AGENCY shall be wholly responsible for the purchases to be made under this MOA and for -the
supervision af' its employees and assistants. AGENCY shall be responsible for compliance with
all laws, ordinances, codes, rules, regulations, licensing requirements and other z~egulatory
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, SLGGP, ODP Program Guidelines and
Application Kits.
XIV. 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 ar in
connection with the performance of this MOA to the extent permitted by the North Carolina tort
Claims Act.
XV. ANTITRUST LAWS
This Agreement is entered into in compliance with. all State and Federal antitrust laws
XVI. TERMINATION
The termination date is March 31, 2007. This MOA may be tezminafed upon submission of a
34-day advance written notice of termination.
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Upon approval by USDPIS, SLGCP, ODP and the issuance of the Grant Adjustment Notice, if
this MOA is extended, the termination date for the extension will be the date Listed in the
applicable USDHS, SLGCP, ODP Grant Adjustment No#ice.
If DHS suspends or terminates funding irn 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 AGREEMEl~IT
This Agreement and any exhibits and amendments annexed hereto and any documents
incorporated specifically by z•efer•ence represents the entire agreement between the parties and
supersede all prior ozal and written statements or agreements.
XVIIt, EXECUTION
This MOA will become effective upon execution of all parties to the MOA. The date of
execution sha11 be the date of the last signature which shall be that of Mr. Gerald A Rudisill, Tr ,
Deputy Secretary, NC: Department of Crime Control and Public Safety
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ORIGINAL
CONIRACIING AGENCY
DIVISION or EMERGENCY MANAGEMENT
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY
BY:
H. DOUGLAS AOELL, JR., DHiEGTOR
DMSION OF EMERGENCY MANAGEMENI
DAZE:
BY:
MR. JOHN LINIC
ORANGE COUNTY MANAGER
ORANGE COUNTY
DATE:
APPROVED AS IO PROCEDURES:
BY:
BENNIE AYT{EN, CONTROLLER
DEPARTMENT 4F CRIME CONTROL AND PUBLIC SA ~ ~ IY
DATE:
MARVIN WATERS, CCPS GENERAL COUNSEL
REVIEWED FOR THE DEPAR'T'MENT OF CRIME CONIROL AND PUBLIC SAFETY
BX MARVIN WATERS, CCPS GENERAL COUNSEL, TO FULFILL THE PTJR:POSES
OF THE US DEPARTMENT OF HOMELAND SECURITY STATE SECURIII' GRAM
PROGRAM
BATE: ~ 7.•d • O.~
BY:
GERALD A• RUDTSILL, JR, DEPUTY SECRETARY
NORTH CAROLINA DEPARTMENT OF CRIME CONTROL & PUI3LTC SAFETY
DAIS:
PREVIOUSLY APPROVED AS 70 FORM TOR IHE US DEPARTMENT OF HOMELAND SECURTTY, STATE
HOMELAND SECIJRIIY GRANTS, BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE.
Page '7 of 7
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Page 9 of 15
Certifications a~
A. Certification of Nan-Supplanting:
The applicant 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 Filing an Equal Empiayment Qpportunity Program:
The project director certifies that the applicant/grantee has formulated an Equal Opportunity Program,
which is dated 101t)1I1999 in accordance with the Amended Equal Employment Opportunity
Guidelines 28 G.F.R.42.301, et seq.,Subpart E, and that ii is an file in the office of:
(Office} Orange County Personnel Office
(Name) Elaine Holmes
(Title) Personnel Director
(Address) P.O. Box 8181 Hillsborough, NC 27278
(Telephone} 919-732-8181
for review and audit by officials of the Department of Crime Contra) and Public Safety or the Office of
Justice Programs as required by relevant law and regulations.
The project director certifies that the Amended Equal Empiayment Guidelines have bean read (28
C.F.R.42.301, et seq.., Subpart E..) and thaf no Equal Employment Opportunity Pragram is required to be
tiled by the implementing agency.
C. Certification of Submission of Annual Audit:
a 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 Controt and Public Safety.
D. Certification of Submission of Project Reports:
The project director certifies that a completed progress report {provided in the GGC Grant Award Package}
will be submitted at the end of the 12 and 24 months, or mare often if requested. If required, the project
director certifies that quarterly reports will be submitted.
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Certifications (continued} ~ ~
E. Certification that Applicant is Eligible to Receive Federal Funds:
The project director certifies that neither grant applicant nor any of its officers, directors or consultants are
presently debarred, proposed for debarment, suspended, declared ineligible or voluntarily excluded from
receiving federal funds. [If the director cannot make this certification, an explanation must be attached. If
this certification cannot be provided, the applicant will not necessarily be denied participation in this
program. The certification ar explanation will be considered in connection with the determination by the
Govemar•s Crime Commission as to whether or nat to approve the application. However, if neither the
certification nar an explanation is provided, the application will be rejected.]
F. Certification Regarding Lobbying: {for agencies receiving $100,000 or more}
The praject director certifies that {1) no Federally appropriated funds have been paid ar will be paid to any
person for influencing or attempting to influence an afficer 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 cannection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any agreement; {2} Ifany nan-Federal funds have been paid or will be paid to any
person for influencing ar attempting to influence an officer or employee of any Federal agency, a member
of Congress, ari officer or employee of Congress, or an employee of a member of Congress in connectian
with this Federal grant, the praject director shat! initial here and complete and submit
Standard Form #LLL, "Disclosure of Lobbying Activities;' in accordance with Its insGvctions.
G, Drug Free Workplace Compliance: (for state agencies only}
Q I (project director} certify that {1 } a drug-free workplace awareness program was held on _ and/or will be
held annually on ~ which ail grant project employees are required to attend;{2) a copy of the agenda of
that program, including an attendance sheet signed by all empiayees, will be provided to the Governor's
Crime Commission;{3) a statement will be published notifying empiayees that any unlawful involvement
with a controlled substance is prohibited in the grantees workplace and that specific actions will betaken
against employees who violate this rule;{4) all empiayees wip receive a copy of this notice;(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 conviction;{ti}within 10 days of
receiving such notice, the applicant will inform the Governor's Crime Commission of an employee's
conviction;{7) any employee so convicted will be disciplined or required to complete a drug abuse
treatment program; and (8) the applicant will make a good faith effat# to maintain adrug-free workplace, En
accordance with the requirements of Title V, Secs. 5153 and 5154 of the Anti-Drug Abuse Act of 1988.
Available Technical Assistance
!f 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 1;919} 733-4564
Program Area Planners
Juvenile Justice Planning Committee:
Victims' Services Committee:
Drug Cantral & Substance Abuse Committee:
Michelle Zachmann Michael Wilson Tina Howard Kimberly Wilson
Barry Bryant
Misty Amold
Starr Barbaro
Craig Turner
Wesley Clark
Information Systems &Technology Committee: Doug Yearwood Navin Puri
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Starr Barbaro
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CERTIFICATIONS: PROJECT DIRECTOR
Pre Application Number 29T
Project Director`
I certify that t agree to comply with the general and fiscal terms and conditions of this application
including special conditions; to comply with the provisions of the Act governing these funds and all
ether federal laws; chat all information 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 Project Director as they relate to the terms and conditions of this grant application; 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
slate or local funds; and, that I understand that federal funds are limited #o a maximum of tweniy-
four months.
Name:
Agency:
Phone:
Signature:
Craig Blackwood
Orange County Emergency
Management
919) 968-2050
Title: Data Technician
Address: p,p, Box 8181
15
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Hillsborough, NC 27253-8181
Bonded: (' Yes (~ No
*NOTE: The Praject Director, Financial Officer, and Authorizing Official CAN NAT 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. ~~
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CERTIFICATIONS: FINANCIAL. t~FFICER
Pre Application Number 297
Financial officer*
certify that I agree to comply with the general and fiscal terms and canditinns of this application
including special conditions; to campty with the provisions of the Act governing these funds and all
other federal laws; that al{ information presented is corcect; that there has been appropriate
coordination with affected agencies; that I am duty authorized by the Applicant to perform the tasks
of Financial Officer as they relate#o the terms and conditions of this grant application; 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 or local funds; and, that I understand that federal funds are limited to a maximum of twenty-
four months.
Name: Kenneth Chavious
Agency: Ca~ unty of Orange
Phone: (gig} 245-5753
Titte: Finance Director
Address: P.O. Box 8181
I(~
Page l2 of 15
___~__~
c~~,'
Hillsborough NC 27278
Signature: Bonded: (" Yes (- No
*NOTE: The Project Director, Financia! Officer, and Authorizing Official CAN NAT be the same person.
Staff funded under this grant may not be any of the authorizing officials without direct Grime
Commission approval.
THIS APPLICATION IS NOT COMPLETE VIfITHOUT THE ABOVE SIGNATURE.
Page 12
file://C:\DC)CUME~1 \ernployee\LOCALS~i \Temp\VV 8DK9b l ,.htrn 1 /26/2005
CERTIFICATIONS: AUTHORIZING OFFICIAL
Pre Application Number 29T
Authorizing Official*
1 certify that I agree to comply with the general and fiscal terms and conditions of this application
including 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 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 applica#ian; 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 or local funds; and, that I understand that federal funds are limited to a maximum of twenty-
fourmonths.
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 ocher resources that would otherwise
have been available for law enforcement and/or criminal justice activities.. In compliance with that
mandate,l 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 activities,
Name: John Link
Agency: County of Oran e
Phone: (g1 g 732-8181
Signature:
t3anded: ~" Yes 1' No
"NQTE: The Project Director, Financial officer, and Authorizing Afficiat CAN NQT be the same person.
Staff funded under this grant may not be any of the authorizing officials without direct Grime
Gommission approval.
THIS APPLICATION !S NOT COMPLETE WITHOUT THE ABOVE SIGNATURE. __ ~I
REQUEST FOR MATCH WAIVER
(Refer to limitations Hated on budget summary page)
As the Authorizing Official far this grant pre-application, I am requesting that the
Governor's Crime Commission grant this implementing agency a waiver of its match
requirement.
Signature:
Title: COUnty onager
Address: P.O. Bax 8181
(1
Fage 13 of j 5
_~_~~~
a~
Hillsborough. NC 27278-
Authorizing Official
Page 13
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IS
1 /26/05
RECEEPT
Page 14 of 1 S
~~
11111ypORTANT 11t
Governor's Crime Commission Grant Pre-Application Number. 297
Save this receipt as proof of submission of your online grant application. This is the only documentation that
you wilt receive.
After printing the signature pages, have them signed and mail them, along with any required supporting documentation,
to 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 copy of what other ftanding sources and amounts, if
any, have been committed far this project ar have been applied for or are anticipated for the project. )
BUR AP LiCATION i$ NOT COMPLETE UN~ WE HAVE~C~.1_V_ED THE SIGNED $iGNATU~j=
PAGES AND SUPPORTING DOt;UME~TION
MAILING INFORMATION
Mail the signature pages and supporting documentation to:
ATTN: WES WALTERS
GRANTS MANAGEMENT DIRECTOR
GOVERNOR'S CRIME COMMISSION
1201 FRONT STREET; STE 20D
RALEiGW NC 27609
Mail letters of collaboration directly to the appropriate Lead Planner for the Committee to which you are applying at the
same address as above:
Drug Control and Substance Abuse
Juvenile Jus#ice Planning
Vicfims' Service$
Information and Technology
Craig Turner, Lead Planner
Michelle Zechmann, Lead Planner
Barry Bryant; Lead Planner
Doug Yearwood, Lead Planner
REVISIONS
7o make any revisions to your submitted application, you must have your grant pre-application number and your
Federal 'fax ID Number to access the appiication online. Simply choose "REVISE APPLICATION" rather than "NEW
APPLICATION" and enter these two numbers, Proceed with making changes, saving each page, and submit revisions..
~~
Page 14
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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 NetCiock.
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
5. 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. The 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 Seiler 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 wril prevail.
12. EXCEPT FOR THE ABOVE WARRANTIES, NO OTHER WAIE~RANTY
(WHETHER EXPRESSED, IMPLIED OR STATUTORY) IS MADE BY THE
SELLER REGARDING THE GOODS.
Title
13. Title to the Goods will remain with the Seiler 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.
Inspection
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 Seiler 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 Inc. 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 wril
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 unposed 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.
2S. 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.
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: