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S- ~' <br />Contract for Use of The City of Durham 2005 COPS Interoperable Communications Technology Grant <br />between the City of Durham and the Orange County, pagel <br />CONTRACT FOR USE OF THE CITY OF DURHAM 2005 COPS INTEROPERABLE <br />COMMUNICATIONS TECHNOLOGY GRANT BY ORANGE COUNTY <br />This contract is made and entered into as of the 1 S` day of April, 2006 by the City of Durham <br />("City") and the Orange County ("Sub-recipient"). <br />WHEREAS, the City has applied for and been awarded a grant from the U.S. Department of Justice, Office <br />of Community Oriented Policing Services, CFDA number 16.710, Grant Number 2005INWX0011, <br />authorized under 42 U.S.C. § 3796dd. <br />WHEREAS, the City wishes to engage the Sub-recipient to assist the City in utilizing such funds; <br />NOW, THEREFORE, it is agreed between the parties hereto that: <br />Sec. 1. Background and Purpose. This is a contract between the Sub-recipient and the City which <br />establishes the terms and conditions under which the Sub-recipient will expend grant funds provided to the <br />City of Durham by the U.S. Department of Justice, Office of Community Oriented Policing Services and <br />perform as indicated in Sec. 2. <br />Sec. 2. Term, Services and Scope to be Performed Presumption that Duty is Sub-recipient's. <br />The term of this contract is from September 1, 2005 to either August 31, 2008 or until such time as all grant <br />funds are expended. <br />The Sub-recipient shall perform, within the period of this contract: <br />I. Scope of Service. <br />A. Activities. The Sub-recipient shall use grant funds to carry out activities to establish a <br />modern radio dispatch console system which will allow patching between various <br />agencies within Orange County and with agencies from neighboring counties who <br />respond to calls for mutual aid and to purchase portable radios allowing interoperability <br />on 800 MHz systems in the region. <br />B. Objectives/Purposes. The Sub-recipient certifies that the activities carried out with funds <br />provided under this Contract will meet one or more of objectives/purposes in accordance <br />with 42 U.S.C. § 3796dd (Attachment C). <br />C. Performance Monitoring. The City will monitor the performance of the Sub-recipient <br />against project goals and performance standards as specified in City's Application for <br />Federal Assistance (Attachment A). <br />D. ~ecial Conditions. The Sub-recipient will comply with any Special Conditions imposed <br />by the awarding agency as conditions to the award, per Attachment B. <br />E. Non-discrimination. The Sub-recipient agrees to comply with all Federal civil rights <br />laws, including but not limited to the requirements pertaining to and submitting an EEOP, <br />reporting Findings of Discrimination, and providing language services to LEP persons. <br />F. Supplantins. The Sub-recipient certifies that Federal funds will be used to supplement <br />existing funds for program activities and not to replace those funds that have been <br />appropriated for the same purpose. Potential supplanting can be the subject of monitoring <br />and audits. Violations can result in a range of penalties and civil and/or criminal <br />penalties. <br />G. Travel. The Sub-recipient shall obtain prior written approval from the City for any travel <br />under this contract, other than for training, that maybe outside the combined boundaries <br />of Durham and Orange Counties. <br />H. Equiyment. All equipment purchased with funds under this contract shall be clearly <br />identified, with records maintained according to Federal property and retention rules, as <br />specified in the current OJP Financial Guide. <br />I. Progress Reports. The Sub-recipient shall submit quarterly Progress deports to the City <br />that describes project activities during the reporting period and any additional information <br />