HomeMy WebLinkAboutAgenda 03-07-24; 8-e - Acceptance of NC 911 Board Portable Radio Grant and Approval of Budget Amendment #6-A 1
ORD-2024-004
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 7, 2024
Action Agenda
Item No. 8-e
SUBJECT: Acceptance of NC 911 Board Portable Radio Grant and Approval of Budget
Amendment #6-A
DEPARTMENT: Emergency Services
ATTACHMENT(S): INFORMATION CONTACT:
1. Portable Radio Grant Agreement Kirby Saunders, Emergency Services
2. Grant Execution Checklist Director, 919-245-6123
3. Year-to-Date Budget Summary Christopher Ward, Division Chief—
Public Safety Communications, 919-
245-6139
PURPOSE: To accept a grant from the North Carolina 911 Board for the purchase of eleven (11)
portable radios for the Primary Public Safety Communications Center, and to approve Budget
Amendment #6-A to provide for the total reimbursable cost of the grant.
BACKGROUND: In mid-2023, the NC 911 Board solicited grant applications from Primary Public
Safety Answering Points (PSAPs) for backup portable radios to be used within the PSAP. The
911 Board will reimburse grant recipients for the cost of one portable radio and associated
accessories, training, and maintenance per Board-approved seat in the PSAP. Emergency
Services applied for and was awarded a grant for eleven (11) portable radios.
These radios will replace existing portable backup radios within the Public Safety Communications
Center that will be unusable as of July 2025 due to their incompatibility with scheduled upgrades
to the State's VIPER radio system. The VIPER system serves as the backbone for Orange
County's public safety radio communications.
FINANCIAL IMPACT: The NC 911 Board will reimburse the County up to $91,639.79 for the
purchase of the radios as outlined in the attached Grant Agreement.
Budget Amendment #6-A increases the General Fund authorization by $91,640 for the purchase
and reimbursement for the cost of the radios.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse, and domestic violence.
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The acquisition of these backup portable radios will provide Emergency Services staff the
capability to maintain mission critical radio communications with the public safety partner agencies
while responding to community safety needs and life-threatening emergencies.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Accept the grant and approve and authorize the County Manager to sign the Portable
Radio Grant Agreement and any subsequent amendments to the Agreement; and
2. Approve Budget Amendment #6-A.
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Contract No.
AGREEMENT
THIS AGREEMENT (the Agreement) is made effective the day of the month of
, 2024 by and between Orange County, the Grantee and the North Carolina 911
Board (hereinafter referred to as 911 Board), an agency of the State of North Carolina. Grantee
and the 911 Board(together"the Parties") hereby agree to the following terms.
IN WITNESSETH WHEREOF, the Parties hereto have executed this Agreement as of the date
first above written.
Orange County
By:
Title:
Date:
ATTEST:
This instrument has been preaudited in the
manner required by the Local Government
Budget and Fiscal Control Act.
By:
Director of Fiscal Operations
N.C. 911 Board
By:
Title:
Date:
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WITNESSETH:
WHEREAS the 911 Board was created by N.C. Gen. Stat. §14313-1400 et seq. to collect and
administer the 911 Fund, and
WHEREAS the 911 Board solicited grant applications pursuant to N.C. Gen. Stat. §14313-1407,
09 NCAC 06C .0400, and procedures for Grants adopted by the Board, and
WHEREAS Grantee submitted a Grant Application to purchase portable radios for the Primary
PSAP, and
WHEREAS the 911 Board allocated funds for the purposes identified in the Grant Application.
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: 2023 Portable Radio PSAP Grant.
b. Deobligation: the 911 Board's cancellation or downward adjustment of all or part
of the grant award. Deobligation,if imposed,will not affect disbursed funds but will affect
any remaining amount of awarded funds.
C. Executive Director: Executive Director of the 911 Board.
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: The unit of local government operating a Primary PSAP, as identified in
the Grant Application, notwithstanding G.S.§143C-6-23(a)(3).
f. Grant Application: The Application submitted by the Grantee to request Grant
Funds for the Project. The Application stated the model type and number of radios
requested and the total amount of Grant Funds requested. The Grantee's Application is
attached hereto as Exhibit C and incorporated herein.
g. Grant Funds: The amount stated in the Grant Application and authorized for award
by the 911 Board.
h. Ineligible Costs: such expenses that are not funded through the Monthly
Distributions defined G.S. §14313-1406(a),and not identified in the Approved Use of Funds
List published on the 911 Board website.
i. Interlocal agreement: Reserved.
j. State Funds:Any funds appropriated by the N.C. General Assembly or collected by
the State of North Carolina. For the purposes of this Agreement, Grant Funds are State
Funds. Grantee recognizes that the expenditure of money deposited in the State treasury,
including the 911 Fund, is subject to allocation and appropriation of funds to the agency
for the purposes set forth in this Agreement.
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k. Subgrantee:As defined in N.C. Gen. Stat. §143C-6-23(a)(4),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.
1. Unit, or unit of local government:
As defined in N.C. Gen. Stat. §143C-1-1(d)(29), a municipal corporation that
has the power to levy taxes, including a consolidated city-county as defined by
N.C. Gen. Stat. §160B-2(1), and all boards, agencies, commissions, authorities
and institutions thereof that are not municipal corporations.
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: To purchase portable radios for the Grantee's Primary PSAP. The Grant
Funds shall only be used to pay for the portions of the project that are Ineligible Costs.
a. Grantee shall be responsible for administrative and management duties associated
with the Project; and shall be responsible for completing the goals and objectives described
in the Grant Application.This Grant shall only be used for paying for portions of the project
that are Ineligible Costs. To the extent that the Project includes expenses that are not
eligible for monthly distribution or reimbursement pursuant to G.S. §14313-1406 and are
not included in the Grant Funds allocated by the 911 Board, Grantee agrees it shall be
responsible for all expenses for the non-eligible items. For eligible expenses limited by
the 911 Board policies, e.g., chairs,monitors, Grantee shall be responsible for all expenses
exceeding the expense limitations for such items.
b. Grantee shall prepare and submit reports in the timeframe and using the templates
contained in Exhibits A and B of this Agreement.
C. Goals and objectives and terms for meeting the same include:
1. For the Grantee's Primary PSAP, purchase the number and type of portable radios
identified in its Grant Application. The Grantee and its Primary PSAP agrees it will
only use the Grant Funds to purchase the portable radios selected by the Grantee's
Primary PSAP on the Grant Application. The Grantee and Grantee's Primary PSAP
understand and agree that they cannot use the Grant Funds for any other purpose or
purchase, including selecting a different type of portable radio that was available
but not selected by the Grantee in the attached Grant Application.
2. For each Board-approved seat denoted on the grant application, the Grantee's
Primary PSAP will use grant funds to contract with a vendor to purchase the
following:
a. 1 portable radio (including two batteries);
b. 2 chargers; one for the primary PSAP and backup PSAP;
C. Programming per radio cost, ARS Encryption, and Code Plug;
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d. Training for PSAP staff on use of the new portable radios; and
e. Maintenance for each portable radio for the first 12 months,
which will be included in the contract for sale.
3. All portable radios purchased by Grantee under this Agreement shall contain the
VIPER Statewide required template as defined in the State Interoperability
Executive Committee's SOG, in addition to whatever local talk groups the
Grantee deems appropriate to its jurisdiction.
4. Once activated on the VIPER system, the Grantee's Primary PSAP will submit a
completed copy of the subscriber unit activation request form as sent to the
VIPER Network Operations Center. The completed request form shall become an
addendum to this executed Grant Agreement. The submission will be required
prior to any reimbursement by the Board.
5. The Grantee's Primary PSAP will keep each portable radio purchased using Grant
Funds on the dispatch floor at a console exclusively for use by telecommunicators.
The portable radios will not be kept elsewhere within the Primary PSAP, including
supervisor offices. The radios will remain solely at the Primary PSAP and may
only leave the Primary PSAP when taken directly from the Primary PSAP to a
Board-approved Backup PSAP.
6. The radios will be maintained exclusively for the Grantee's Primary PSAP use.
Neither the Grantee nor the Grantee's Primary PSAP will share, gift, loan, or
otherwise allow the use of any of the portable radios purchased under this Grant
Agreement using Grant Funds by other PSAPs, agencies,or departments, including
those that the PSAP dispatches for or that are otherwise affiliated with the PSAP.
7. The Grantee agrees that it will maintain the radios exclusively for Grantee's
Primary PSAP use for at least thirty-six (36) months. The Grantee and Grantee's
Primary PSAP agree they will not resell, transfer, gift, or in any other manner
convey the portable radios to any other entity. If the Grantee does not retain the
radios on the Primary PSAP premises in accord with the terms of this Grant
Agreement for at least 36 months, Grantee agrees it will reimburse the Board
pursuant to Rule 09 NCAC 06C .0405.
8. Increase operability with surrounding emergency response resources and increase
redundancy and security.
9. Adhere to rules for PSAP facilities and equipment within 09 NCAC 06C .0200, and
for the use of Grant Funds, as stated within 09 NCAC 06C .0400. Incorporate
applicable standards for mission-critical facilities published by the Federal
Emergency Management Agency (FEMA), the National Fire Protection
Association (NFPA), and the National Emergency Number Association (NENA).
Ensure continuity of operations during implementation for all response agencies
currently served.
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10. Coordinate technology purchases to facilitate the use of the State NG911 system,
including GIS call routing.
11. Conduct thorough system(s)testing before acceptance.
d. Grantee shall not change the Scope of Project without prior written approval of the
911 Board Executive Director.
e. Reserved.
f. Grantee will procure all goods and/or services for the Project in compliance with
State and local procurement laws, rules, and regulations, consistent with the Grant
Application and approved project budget.
g. Grantee will collect and compile documents as directed by the 911 Board for the
purpose of Grantee's verifying the requirements of Article 15, Part 10 of Chapter 143B of
the N.C. General Statutes.
h. 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.
a. If any changes to the project 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. §143B-1400 et seq., or
subsequent modification thereof.
b. Any work referred to in Subsection 3(a) above shall be the subject of a separate
written agreement 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 sixty (60) 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. Consolidation. Reserved.
5. Term of Agreement. The Parties intend that the term of this Agreement shall begin upon
the Effective Date and extend through 30 June 2025 (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 Section 14; or amended by
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written agreement to extend said date by the Parties or their successors in interest. The parties
agree that this Agreement may be extended only one time. However, both parties agree that if
the Grantee fails to place its order for the portable radios with its vendor by February 5,
2025, no extension of this Agreement will occur.
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 planned to be completed in three (3) phases, with the entire project
completed in approximately fifteen(15)months: 1)procurement and planning;2)delivery,
programming, and testing; and 3) training, final testing, and acceptance. The proposed
budget and project plans shall be reviewed, revised, and provided to the 911 Board
Executive Director as provided in Subsection 2(e) above. These revised documents must
reflect any changes and special conditions of the Grant award.
b. Project timelines and milestones identified in the Grant Application are
incorporated herein by reference.
C. The PSAP will continue to operate during the Project; therefore, there will be no
disruption to 911 call taking and emergency dispatching services.
d. Grantee will procure all goods and/or services for the Project in compliance with
State and local procurement laws, rules, and regulations, consistent with the Grant
Application and approved project budget.
7. Delivery of Grant Funds. The total Grant Funds equal the amount stated in the Grant
Application contained in Exhibit C of this Agreement. Grant Funds shall be held by the 911 Board
and delivered as follows:
a. Funds shall be released to Grantee to reimburse the Grantee for its purchase after
receiving copies of Grantee's contracts, purchase orders, and invoices therefor, and
Grantee's satisfactory completion of its obligations under this Agreement. Each
deliverable offered by the Grantee shall be clearly itemized to show the expenditures meet
the scope of this Agreement, to include professional work performed and invoices for
supplies. The Grantee shall ensure that all payments are reconciled to an applicable vendor
quote to show the eligible and ineligible amounts awarded and the specific funding stream,
and in sufficient detail to show the expenses in the invoice are defined to show they were
part of the grant award and that the task in the milestone was completed. 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.
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b. Grant Funds shall not be released, or paid, in advance of performance of actual
services or delivery of reimbursable purchases,nor paid for interest, allocations for budget
contingencies, maintenance or other services in future fiscal years. Grant Funds may not
be used for any type of bond, monies due upon contract execution, or any type of
speculative downpayment for the project. Funds shall be applied to ineligible expenses as
identified in the Grant Application as authorized by N.C. Gen. Stat. §14313-1407(b)(4),and
to expenses that are eligible under N.C. Gen. Stat. §14313-1400 et seq. and the Rules and
policies of the 911 Board. The Grantee agrees that final invoices shall not be reimbursed
by the Board until the final report required by Exhibit A of this Agreement is received and
accepted by the Executive Director.
C. As stated in Subsection 2(c)(4) of this Grant Agreement, once activated on the
VIPER system,the Grantee will submit a completed copy of the subscriber unit activation
request form as sent to the VIPER Network Operations Center.The completed request form
shall be sent as a pdf file to the PSAP's assigned Regional Coordinator and shall become
an addendum to this executed Grant Agreement. The Grantee agrees that it must submit
the activation request form and until it does so, it shall not be reimbursed by the Board.
d. The Grantee agrees to submit all requests for reimbursement to the Board under
Subsection 7(a) of this Agreement within thirty (30) days of Grantee's payment to that
Vendor following performance of services or delivery of purchases. The Grantee agrees
that final invoices shall not be reimbursed by the Board until the final report required by
Exhibit A of this Agreement is received and approved by the Executive Director as meeting
the requirements of Rule 09 NCAC 06C .0405(c).
e. 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.
f. 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. §14313-1400 et seq.
g. In the event Grantee breaches any of the covenants or agreements contained in this
Section, or any of the representations and warranties of Sections 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 Agreement 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. Grantee shall timely enforce all such rights, duties and perform its responsibilities
to ensure completion of the accounting and return of Grant Funds to the Board.
h. 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.
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i. Funds identified with contingencies or escalations as presented in Grantee's budget
documents and financial forecasts shall revert to the Board's Grant Fund if unused or
unallocated in a timely manner.
j. If the Board determines that the actual costs of the Project are less than the Grant
amount,the Board, in its sole discretion,may reduce the amount of the Grant accordingly.
If the Grantee determines that the actual costs of the Project are less than the Grant amount,
it shall report so to the Board and return any surplus Grant Funds it has received to the
Board.
k. Any costs associated with completing the project that are not eligible for
reimbursement through Grant Funds, as set forth in the Grant Application, must be paid
through Grantee's general funds. The general funds shall come from local resources and
may not be derived from other State or federal grant funds unless such other funds were
specifically identified in the Grant Application.
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. The State of North
Carolina's Travel Policy is contained in the State Budget Manual located on the Internet at
http://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.
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11. Oblijzation of Funds. Grant Funds provided by the 911 Board may not be utilized to
reimburse expenses incurred by Grantee from its General Fund or any other funds prior to the
Effective Date or subsequent to the End Date. All unpaid obligations incurred prior to the End
Date shall be paid and satisfied by Grantee within thirty (30) days thereafter. Grant Funds shall
be deobligated if not expended in the time and manner agreed herein. The 911 Board may
deobligate all or part of the awarded funds if:
a. The actual cost of goods or services identified in the Grant budget funded by the
Grant award is less than the total award, or
b. If the Grantee does not complete the project by the end of the Term of the
Agreement, set forth in Section 5 of this Agreement.
If Grant Funds are not expended within the term of this Agreement and manner agreed herein, and
in compliance with the project schedule and budget,the Board shall provide notice of deobligation
of such Grant Funds to the Grantee. Notice of deobligation shall provide an effective date of
deobligation which shall not be less than thirty (30) days after the date of the notice.
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,
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 End 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, Board, or designated representatives of the foregoing, all of
its records that 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. and Non-State Entities
Receiving State Funds or N.C. Gen. Stat. §159-34, The Local Government Budget and
Fiscal Control Act-Annual Independent Audit;Rules and Regulations as applicable. Such
audit and reporting requirements may vary depending upon the amount and source of
funding received by Grantee, and such are subject to change from time to time. Grantee
shall constantly monitor all performance under Grant-supported activities, including
activities performed by Subgrantees,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.
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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 any 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. For the avoidance of doubt, Grantee's failure to appropriate
funds necessary to complete the project shall be reason for termination. In such event, the
911 Board shall have no responsibility to make additional payments under this Agreement
after the End Date. No further expenditures shall be made under this Agreement except
for such work as shall have already been performed prior to the End Date and Grantee shall
return all unearned funds upon the demand of the 911 Board.
b. The Grantee agrees it will repay Grant Funds if it fails to comply with any terms of
this Agreement. 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.
C. 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 Section 28 below.
d. Termination of the contract by the Grantee shall not prohibit the 911 Board from
seeking remedies for additional costs consequential to the termination incurred by the 911
Board. The Grantee shall repay to the 911 Board any Grant Funds received in excess of
the distributions under this Agreement.
e. Grantee recognizes that Grant Funds are State Funds, and the expenditure of State
Funds 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
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this purpose. Further, Grantee agrees, to the extent permitted by law, to indemnify, defend and
save harmless the 911 Board, and their respective officers, agents and employees against any
liability,including costs and expenses and attorney's 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 the extent permitted by law, 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 Subgrantee (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 Agreement,
including but not limited to those described in 09 NCAC 03M .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 for improperly expended
funds by Grantee or any Subgrantee or other Third Party, as set forth in G.S. §14313-1407(c).
a. Upon non-compliance with the applicable provisions of 09 NCAC 03M,the Board
shall take measures under Rule .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 09 NCAC 03M .0703(11), the Parties may terminate this Agreement
with 60 days' notice by mutual consent, or as otherwise provided by law. Pursuant to 09
NCAC 03M .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).
Page 11 of 21
14
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. Grantee shall allocate such further and sufficient funds to complete the project in a
manner consistent with this Agreement and the Grant Application.
d. 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.
e. 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. Grantee agrees that the funding contingencies
identified in the Grant Application are waived and that all such parties agree that grant
funding is sufficient for the purposes and scope of the Grant.
f. 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; or placement or
retaining 911 funds in any account other than the Emergency System Telephone Fund.
g. Grantee certifies that it has complied with G.S. §§14-234 and 133-32 and shall
continue to require compliance for itself and any vendors, contractors or other third parties
during the term of this Agreement. Any violations of G.S. § 14-234(f) shall be reported to
the Board's Executive Director within ten(10) days of Grantee learning of such violation.
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
Grantee 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.
Page 12 of 21
15
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 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. The parties agree that Grantee failing to place
an order for the portable radios by February 5, 2025, does not constitute 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
Page 13 of 21
16
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,
b. The recommended mediators must have knowledge of the general subject matter of
the FCC 911 laws, regulations and 911 practices,
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,
d. Recommended mediators and their respective contact and qualification information
shall be exchanged within five (5) days to each party as provided in Section 28 below
following the agreement to mediate,
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 therefor 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.
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,the Local Government Commission, 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 any of the requirements
of this Agreement, including reporting requirements.
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
Page 14 of 21
17
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-Assi ng ability. 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. Contracts awarded by the Grantee that are funded by this
Grant shall require Grantee's Vendor(s) and each of its subcontractors comply with the E-
Verify requirements of G.S. Chapter 64, Article 2.
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.
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. Gen. Stat. §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.
Page 15 of 21
18
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. §14313-1412 and §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 delivered by one
or more of the following: by email, which the parties agree is the preferred method for delivery,
or when deposited in the United States mails, first class, postage prepaid and properly addressed,
as follows:
If to the 911 Board: Attn: L. V. Pokey Harris, Executive Director
N.C. 911 Board
P.O. Box 17209
Raleigh,NC 27609
Ph: 919-754-6621
E-Mail: pokey.harris@nc.gov
If to Grantee: The PSAP Contact listed on the Grant Application, which is
attached as Exhibit C. If the Contact changes, the Grantee must
Page 16 of 21
19
notify the Board of the updated information by contacting the
PSAP's assigned Regional Coordinator
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 contractual Agreement, 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 and Grant Funds will be deobligated if the Agreement is
not signed and returned to the 911 Board for countersignature no later than the date
specified in the grant electronic mail correspondence in which it was sent to Grantee.
Page 17 of 21
20
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), any changes in the governance proposed in the Grant
Application(Section 3), achievement or progress regarding PSAP priorities identified in the
Grant Application 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. A general project timeline of milestones is listed or incorporated herein.
4. Interim Reports
a. The Grantee shall submit one copy of the interim report via email in PDF format to
the Executive Director and the PSAP's assigned Regional Coordinator on or before
1 February 2025,using the attached template in Exhibit B.
5. Final Project Report
a. The Grantee shall submit one copy of the final project report via email in PDF format
to the Executive Director and the PSAP's assigned Regional Coordinator within 45
days after the end of the project period using the attached template in Exhibit B.
b. The final project report shall document and summarize the results of the work. It
shall include detailing the activities,expenditures of the funds, and the ways in which
the needs identified in the Grant Application were met. The final report shall be
submitted within 45 days after the end of the project period,and shall be accompanied
by supporting documentation for all expenditures of the Grant Funds.
c. The Grantee shall submit at the same time of the final report the final invoices to be
reimbursed. The Grantee agrees that final invoices shall not be reimbursed by the
Board until the final report is received and approved as meeting the requirements of
Rule 09 NCAC 06C .0405(c).
Page 18 of 21
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Exhibit B
Interim and Final Grant Report Templates
• Use the Template language for both reports.
• Both reports must be submitted on the local government's letterhead with the date of
submission.
• Both reports must be signed by each of the following: 1)the PSAP manager; 2)the
locality's Finance Manager; and 3) the County or City Manager.
1. The Interim Report shall be submitted no later than February 1, 2025.
The {specific number and type of} radios were ordered on {date}. The total cost was {amount}.
The contract included the purchase of{number} of radios, to include two chargers for each radio,
programming, ARS encryption, and code plug, as well training for all PSAP staff members and
maintenance for each portable radio for twelve months.
The portable radios contain the VIPER Statewide required template, as defined in the State
Interoperability Executive Committee's SOG.
Once activated on the VIPER system, we will submit a completed copy of the subscriber unit
activation request form as a pdf to the PSAP's assigned Regional Coordinator. If the PSAP has
already submitted the information, use this alternative language: The PSAP submitted to its
Regional Coordinator a pdf of the completed copy of the VIPER subscriber unit activation request
form on {date 1.
Only applicable if the PSAP has not yet placed its radio order: The PSAP understands that failing
to place its order for radios by February 5, 2025 means that it is not entitled to an extension
pursuant to Section 5 of this Grant Agreement. Therefore, the PSAP understands that if it has not
met the full extent of its obligations under this Grant Agreement, it will not be reimbursed by the
Board and will have to pay for any purchases made in an attempt to fulfil its obligations under
Grant Agreement with general funds.
2. The Final Report shall be submitted within 45 days of completing the project.
The {specific number and type of} radios were ordered on {date}. The total cost was {amount}.
The contract included the purchase of{number} of radios, to include two chargers for each radio,
programming,ARS encryption, and code plug, as well training for all PSAP staff members and
maintenance for each portable radio for twelve months.
The radios and chargers were delivered {date}. Upon delivery, the programming, ARS
Encryption, and code plug were installed.
Page 19 of 21
22
Staff was trained by the vendor on {date(s)J.
The PSAP submitted to its Regional Coordinator a pdf of the completed copy of the VIPER
subscriber unit activation request form on {date}.
The project is now complete. Final invoices were submitted on {date} or with this final report.
Page 20 of 21
23
Exhibit C
Grant Application
Grantee's Grant Application is attached hereto and is incorporated by reference.
Page 21 of 21
24
NC
DIT
nr�s 2023 Portable Radio PSAP Grant Application
PSAP Name: Orange County Emergency Services
PSAP Contact Name: Christopher H. Ward
PSAP Contact Email: chward(a)orangecountync.gov
PSAP Contact Phone Number: 804-245-6139
PSAP Address: 510 Meadowlands Dr. Hillsborough, NC 27278-8504
Date: 9/6/2023
Number of Board-approved seats: 11
Please double click in the cell to open the table. Once complete, close out the table to transfer
data. 'The number of radios requested cannot exceed the number of Board-approved seats in
the Primary PSAP.
Number of Per Radio Total funds
Types of Radio Requested Radios Cost requested
Motorola APX6000 700/800mhz 0 $5,846.15 $0.00
Motorola APX8000 700/800mhz/VHF/UHF Multiband 11 $8,330.89 $91,639.79
Tait TP9400 700/800mhz/VHF/UHF Multiband 0 $3,154.50 $0.00
Tait TP9600 700/800mhz/VHF/UHF Multiband 0 $3,627.75 $0.00
EF Johnson-Kenwood VP5000 700/800mhz 0 $2,756.66 $0.00
EF Johnson-Kenwood VP6000 700/800mhz 0 $3,603.71 $0.00
EF Johnson-Kenwood VP8000 700/800mhz/
VHF/UHF Multiband 0 $5,498.91 $0.00
Harris XL-45 700/800mhz 0 $2,486.25 $0.00
Harris XL-95 700/800mhz 0 $3,874.25 $0.00
Harris XL-150 700/800mhz 0 $3,574.25 $0.00
Harris XL-185 700/800mhz 0 $4,729.00 $0.00
Harris XL-200 700/800mhz 0 $6,506.75 $0.00
Harris XL-400 700/800mhz 0 $10,991.75 $0.00
By submitting this application, the above-named PSAP acknowledges and agrees to the
following:
Portable Radio PSAP 2023 Grant Application • Page 1 of 3
25
This grant opportunity is available only to Primary PSAPs.
The PSAP will make direct purchase of the desired radios from the PSAP's vendor of choice.
The PSAP's locality will be reimbursed for the purchase.
The Primary PSAP will be required to enter into a grant agreement with the Board upon
approval of the application. The grant agreement will give the PSAP approximately 14 months to
purchase the radios and complete programming and staff training.
This grant opportunity will provide the following per approved seat:
• 1 portable radio (including two batteries)
• 2 chargers; one for the primary PSAP and backup PSAP
• Programming per radio cost, ARS Encryption, and Code Plug
• Training for PSAP staff on use of the new portable radios
• Maintenance for the first 12 months
The number of awarded radios will not exceed the number of Board-approved seats.
Each portable radio must be kept on the dispatch floor at a console in order to be available for
use by telecommunicators. The portable radios will not be kept elsewhere within the PSAP,
including supervisor offices.
The radios may only leave the Primary PSAP when taken directly from the Primary PSAP to a
Board-approved Backup PSAP.
The radios will be maintained exclusively for the Primary's PSAP use. The PSAP will not share,
gift, loan, or otherwise allow the use of any of the grant-awarded portable radios by other
PSAPs, agencies, or departments, including those that the PSAP dispatches for or that are
otherwise affiliated with the PSAP.
The PSAP understands that the radios may be checked during PSAP assessments or Board
staff visits to ensure that all Board-awarded portable radios are on premises.
All portable radios purchased through this program must contain the VIPER Statewide required
template as defined in the State Interoperability Executive Committee's SOG, in addition to
whatever local talk groups the PSAP deems appropriate to its jurisdiction.
Once activated on the VIPER system, each PSAP must submit a completed copy of the
subscriber unit activation request form as sent to the VIPER Network Operations Center. The
completed request form will become an addendum to the executed Grant Agreement. The
submission of the pdf will be required prior to any reimbursement by the Board.
The PSAP must pay for anything related to the radios that exceed the amount approved by the
Board.
After the first year, the PSAP will pay for all maintenance for the radios out of its general fund.
The PSAP understands that the maintenance will not be ETSF eligible.
The PSAP agrees that it will keep the radios for at least 36 months. It will not resell them or give
them away to any other entity. If the PSAP does not retain the radios on the PSAP premises for
at least 36 months, it will reimburse the Board pursuant to Rule 09 NCAC 06C .0405.
Portable Radio PSAP 2023 Grant Application • Page 2 of 3
26
The applicant PSAP must email this completed application form by 5 p.m. on Friday,
September 29, 2023, to 911 comments@its.nc.gov
Board Internal Use Only:
❑x Regional Coordinator reviewed for accuracy.
❑x Financial Review Specialist reviewed for accuracy.
❑x Executive Director reviewed for accuracy and forward to legal counsel for preparation of Grant Agreement.
Portable Radio PSAP 2023 Grant Application • Page 3 of 3
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Grant Execution Checklist
Upon Receipt of the Email with the Agreement Attached:
❑Note the deadline for returning the signed Agreement that is set forth in that email.
❑Read the entire draft Agreement.
❑Circulate the draft Agreement to whomever is appropriate in the jurisdiction for review.
❑If the Agreement must be approved by the City/Town Council or County Board of
Commissioners,schedule that review in a timeline that allows the PSAP to meet the deadline
for returning the signed Agreement.
To Execute the Agreement:
Do NOT use DocuSign.
Do NOT insert the date on the first page of the Agreement-that will be inserted by Board staff
when returned for countersignature.
❑ Have the County/City/Town Manager sign the document and complete the attestation.
❑ Have the Finance Officer (or the Deputy Finance Officer who has been approved by the
locality) conduct the preaudit required by G.S. 159-28.
❑ Once the signatures and attestation have been completed,return the signed Agreement as a
PDF by responding"Reply All" to the original email that Board staff used to send the
Agreement to the PSAP.
28
Year-To-Date Budget Summary
Fiscal Year 2023-24
Fund Budget Summary General Fund
Original Budget Revenue $271,114,238
Interfund Transfer Revenue $1,391,290
Fund Balance Appropiation $7,000,000
Total Original Budget $279,505,528
Additional Revenue Received Through
Budget Amendment#6-A (March 7, 2024)
Grant Funds $1,116,151
Non Grant Funds $119,159
Additional Interfund Transfer Revenue $94,442
Additional Fund Balance Appropriation $126,837
Total Amended Budget $280,962,117
Dollar Change in 2023-24 Approved Budget $1,456,589
Change in 2023-24 Approved Budget 0.54%
Authorized Full Time Equivalent Positions
Original Approved Full Time Equivalent Positions (includes
Permanent and Time Limited) 1,001.800
Changes to Full Time Equivalent Positions 2.000
Total Approved Full-Time-Equivalent Positions for Fiscal
Year 2023-24 1,003.800