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HomeMy WebLinkAboutAgenda 05-21-24; 8-h - Procurement of Eleven (11) Portable Radios for Emergency Services 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 2024 Action Agenda Item No. 8-h SUBJECT: Procurement of Eleven (11) Portable Radios for Emergency Services DEPARTMENT: Emergency Services ATTACHMENT(S): INFORMATION CONTACT: Motorola Portable Radio Quote Executed Grant Agreement Kirby Saunders, Emergency Services Director, 919-245-6123 Christopher Ward, Division Chief— Public Safety Communications, 919- 245-6139 PURPOSE: To approve the purchase of eleven (11) backup portable radios for the Public Safety Communications Division of Emergency Services. BACKGROUND: At its March 7, 2024 Business meeting, the Board approved a grant agreement with the NC 911 Board that provides reimbursement for the procurement of eleven (11) Motorola APX8000 portable radios and associated accessories, training, and maintenance. The grant agreement was fully executed in April 2024, and Emergency Services is moving forward with the procurement of the radios as outlined in the grant agreement using North Carolina State Term Contract 725G. 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 which 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 Grant Agreement. Budget Amendment #6-A, as approved by the Board in March 2024, increased 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. 2 The acquisition of these backup portable radios will provide Emergency Services staff the capability to maintain mission critical radio communications with 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 approve the purchase of eleven (11) portable radios as outlined in the attached quote and grant agreement. A01070ROLA SOLUTIONS QUOTE-2555462 Training for PSAP staff on use of the new radios Billing Address: Quote Date:04/12/2024 ORANGE COUNTY Expiration Date:06/11/2024 EMERGENCY SERVICE Quote Created By: PO BOX 8181 Amanda Barringer HILLSBOROUGH, NC 27278 amandabarringer@callmc.com US End Customer: ORANGE COUNTY EMERGENCY SERVICE Pat Campbell Contract: 19144- 725G NORTH CAROLINA, STATE OF (NON-ARIBA BASED POS) Payment Terms:30 NET Line# Item Number Description Qty List Price Sale Price Ext. Sale Price APXTm 8000 Series APX8000 1 H91TGD9PW7AN APX 8000 ALL BAND 11 $7,774.00 $5,147.00 $56,617.00 PORTABLE MODEL 3.5 1a H869BW ENH: MULTIKEY 11 $363.00 $240.33 $2,643.63 lb Q806CB ADD:ASTRO DIGITAL CAI 11 $567.00 $375.40 $4,129.40 OPERATION 1c Q361AN ADD: P25 9600 BAUD 11 $330.00 $218.49 $2,403.39 TRUNKING 1 d QA00580AA ADD:TDMA OPERATION 11 $495.00 $327.73 $3,605.03 1e H38BS ADD: SMARTZONE 11 $1,650.00 $1,092.43 $12,016.73 OPERATION 1f QA09113AB ADD: BASELINE RELEASE 11 $0.00 $0.00 $0.00 SW 1g Q629AH ENH:AES ENCRYPTION AND 11 $523.00 $346.27 $3,808.97 ADP 1 h QA05100AA EHN: STD 1 YR WARRANTY 11 $0.00 $0.00 $0.00 APPLIES 2 NNTN8844B CHARGER, MULTI-UNIT, 4 $1,705.20 $1,128.98 $4,515.92 IMPRES 2, 6-DISP, NA/LA- PLUG,ACC USB CHGR Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the""Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions,Inc.:500 West Monroe,United States-60661-#:36-1115800 Page 1 A01070ROLA SOLUTIONS QUOTE-2555462 Training for PSAP staff on use of the new radios DescriptionLine# Item Number 3 PMNN4486A BATT IMPRES 2 LIION R IP67 11 $188.27 $124.65 $1,371.15 3400T Product Services 4 LSVOOQ00202A DEVICE PROGRAMMING 11 $49.00 $48.02 $528.22 Subtotal $138,152.77 Total Discount Amount $46,513.33 Grand Total $91 ,639.44(USD) Notes: • Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added to invoices. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the""Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions,Inc.:500 West Monroe,United States-60661-#:36-1115800 Page 2 5 © MOTOROLA SOLUTIONS Purchase Order Checklist Marked as PO/Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this) PO Number/Contract Number PO Date Vendor= Motorola Solutions, Inc. Payment (Billing) Terms/State Contract Number Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO ) PO Amount must be equal to or greater than Order Total Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone#and EMAIL for customer accounts payable dept Ship To Contact Name & Phone# Tax Exemption Status Signatures (As required) DocuSign Envelope ID:3C815948-1A81-4F11-All F8-95538D79763B 6 Contract No, PR2024-80 AGREEMENT THIS AGREEMENT (the Agreement) is made effective the 2 day of the month of April , 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 I_ 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: ®r"�'�' rr'!.,►,�► a y ✓' Date: 0 3lav/e.o y� ATTEST: I1v� This instrum t has been preaudited in the manner req `ed by e Local Government Budget an ' eat rltrol Act. By. Director/Fiscal Operatio 's N.C. 911 Board By: Title: Executive Director, NC 911 Board Date:04-Apr-2024 20:07:01 EDT r Pagel of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 7 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. §143B-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. §143B-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 F_ Funds. Grantee recognizes that the expenditure of money deposited in the State treasury, F including the 911 Fund, is subject to allocation and appropriation of funds to the agency for the purposes set forth in this Agreement. Page 2 of 21 - DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 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(l), 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; r` Page 3 of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 9 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. Page 4 of 21 t DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 10 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 k 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. Chanaes in the Proiect. 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. §14313-1400 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 4 Date)and terminate upon the End Date unless sooner terminated under Section 14; or amended by Page 5 of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 11 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. Proiect 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. Page 6 of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 12 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 k 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. §143B-1400etseq. 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. Page 7 of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 13 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 fiends. 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. 4 Page 8 of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 14 11. Oblil?ation 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 F 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. Page 9 of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 15 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 Page 10 of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 16 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 r 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 fiends 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. §143B-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). r Page 11 of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 17 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 Not 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 fiends 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 fiends 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 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 18 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 fiends 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 Maieure). 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 Patties 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 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 19 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 E_ DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 20 and Reporting Schedule, such conflicts shall be resolved by first referring to this Agreement, followed serially by the Reporting Schedule, Grant Application, and lastly by other subordinate documents in reverse order to their adoption. f. Compliance with Laws. Grantee shall at all times observe and comply with all laws, ordinances, and regulation of the state, federal and local governments which may in any manner affect the performance of the Agreement. g. Non-Assignability. Grantee shall not assign any interest in the Agreement and shall ' not transfer any interest in the same without prior written consent of the 911 Board; provided, however, that claims for money due to Grantee from the 911 Board under this Agreement may be assigned to any commercial bank or other financial institution without such approval. h. Personnel. Grantee represents that is has, or will secure at its own expense, all personnel required to cant' 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 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 21 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 patty'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 patty 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 patty'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 patty 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 DocuSign Envelope ID:3C815948-1A81-4F11-All F8-95538D79763B 22 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 of 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 f'or 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. F Page 17 of 21 €: DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 23 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 finding 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 projectperiod,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). F Page 18 of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 24 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. r, • 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). 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. r" r Page 19 of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 25 Staff was trained by the vendor on {date(s)). 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. E Page 20 of 21 DocuSign Envelope ID:K815948-1A81-4F11-Al F8-95538D79763B 26 Exhibit C Grant Application Grantee's Grant Application is attached hereto and is incorporated by reference. E r Page 21 of 21 DocuSign Envelope ID:3C815948-1A81-4F11-All F8-95538D79763B 27 } IT �;ward 2023 Portable Radio PSAP Grant Application PSAP Name: Orange County Emergency Services PSAP Contact Name: Christopher H. Ward PSAP Contact Email: chward(@orangecountync.aov PSAP Contact Phone Number: 804-245-6139 PSAPAddress: 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 nznnber of radios requested cannot exceed the nz'mber 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 E DocuSign Envelope ID:3C815948-1A81-4F11-All F8-95538D79763B 28 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. r Portable Radio PSAP 2023 Grant Application • Page 2 of 3 , DocuSign Envelope ID:3C815948-1A81-4F11-All F8-95538D79763B 29 The applicant PSAP must email this completed application form by 5 p.m. on Friday, September 29, 2023, to 911comments@its.nc.gov Board Internal Use Only: ® Regional Coordinator reviewed for accuracy. ® Financial Review Specialist reviewed for accuracy. k, ® Executive Director reviewed for accuracy and forward to legal counsel for preparation of Grant Agreement. i I Portable Radio PSAP 2023 Grant Application • Page 3 of 3