NS Grant - Allow Subgranting of 2005 Buffer Zone Protection Program (BZPP) Grant Funds

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rl 3. In consideration for the performance by the COUNTY of the services outlined above, the UNIVERSITY agrees to be bound by the terms and conditions of the Memorandum of Agreement as listed in Attachment B to the extent applicable to the UNIVERSITY'S selection, ownership and use of the CI EQUIPMENT procured by the UNIVERSITY. 4. All grant expenditures must be spent, invoiced, and submitted to the Orange County Department Of Emergency Management by August 30, 2006. If at such time the Office of Emergency Management receives notification of a grant extension from the North Carolina Division of Emergency Management, this will be transmitted in writing to the UNIVERSITY and serve as a formal amendment to this contract. Reimbursement is contingent upon receipt by the COUNTY of Homeland Security funds from the Federal and/or State government. 5. The UNIVERSITY agrees to maintain a complete and accurate inventory of the CI EQUIPMENT and any associated supplies and to maintain a documented list of the general location(s) of the CI EQUIPMENT, which can be produced upon request by any internal or external agency for the purposes of inspection, inventory, fmancial, or fiscal audits. The UNIVERSITY further warrants that the CI EQUIPMENT will be used for purposes authorized under the DHS grant. 6. It is understood that the UNIVERSITY will retain custody of the listed property and will assume complete responsibility and ownership of the CI EQUIPMENT including security, maintenance (preventative or otherwise), insurance, and any associated expenses for supplies (disposable or reusable), upgrades (software or hazdware), not already included in with the original purchase and the UNIVERSITY agrees to maintain the listed property in proper working condition per manufacturer recommendations and requirements. 7. The UNIVERSITY further agrees to provide or make accessible to the extent possible, to the COUNTY, the CI EQUIPMENT in situations of emergency mutual aid or for incidents involving the need for specialized equipment in which the listed property would be of use to other public safety agencies within Orange County upon request by appropriate authorities through the Incident Command System or through a duect request through the COUNTY Department of Emergency Management. 8. If the iNIVERSITY fails to perform its obligations under this Agreement, or if the UNIVERSITY shall violate any of the provisions of this Agreement, the COUNTY shall have the right to terminate this Agreement by giving written notice to the UNIVERSITY of such termination at least thirty (30) days before the effective date of such termination. 9. In connection with the performance of this Agreement, the UNIVERSITY shall not discriminate against any employee, applicant for employment, or program participant because of race, religion, color, sex, handicap, or national origin. 10. The UNIVERSITY shall maintain all accounts, books, ledgers, journals and records in accordance with generally accepted accounting principles, practices and procedures applicable to the UNIVERSITY. 11. The UNIVERSITY shall submit to the Orange County Department of Emergency Management, on request, a status report of all program activities associated with this project. 12. The UNIVERSITY shall have an annual audit, as preformed by the North Carolina State Auditor, of its financial records and operations performed by an appropriate accounting entity with a copy of such audit and a copy of the financial records and operations of the UNIVERSITY, as it applies to the annual maintenance and upkeep of the grant funded CI EQUIPMENT as listed in Attachment A, being available to the ORANGE COUNTY Finance Department by December 31 of each fiscal year. 13. The COUNTY shall be entitled to conduct program evaluations of the ilNIVERSITY's activities as it relates to the accomplishments of established goals and objectives of this Critical Infrastructure Protection Program and the quality and impact of services being delivered. 14. All books and records in regazds to this project shall be maintained by the UNIVERSITY for a period of at least three years from the date of the CI EQUIPMENT purchase under this Agreement and shall be made available for audit or evaluation upon request during regular business hours of the UNIVERSITY. 15. Official meetings of the UNNERSITY will comply with the open meetings law. 16. The UNIVERSITY has adopted aDrug-Free Workplace Policy in accordance with the Drug-Free Workplace Act of 1988 (41 U.S.C. 701). (See http://www.unc.edu/campus/policies/illegal_drugs.html)