2006 NS EMS - Grant Agreements - 2005 Buffer Zone Protection Program (BZPP) Grant Funds

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Iq to the UNIVERSITY's selection, ownership and use of the CI EQUIPMENT procured by the UNIVERSITY. It is understood that the Vulnerability Reduction Purchasing Plan contained as part of Annex A of the Agreement listed in Attachment B is considered law enforcement sensitive and is not for public dissemination. 4. All grant expenditures must be spent, invoiced, and submitted to the Orange County Department Of Emergency Management by March 31, 2007. 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 Cl EQUIPMENT and any associated supplies and to maintain a documented list of the general location(s) of the Cl EQUIPMENT, which can be produced upon request by any internal or external agency for the purposes of inspection, inventory, financial, 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 Cl EQUIPMENT including security, maintenance (preventative or otherwise), insurance, and any associated expenses for supplies (disposable or reusable), upgrades (software or hardware), 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 direct request through the COUNTY Department of Emergency Management. 8. All funds paid by the COUNTY to the UNIVERSITY pursuant to this Subgrant Agreement shall be administered in accordance with this Subgrant Agreement, including its Attachments, and all State and federal laws and requirements. The UNIVERSITY agrees to hold the COUNTY harmless against all claims of whatsoever nature arising out of the UNIVERSITY's performance under this Subgrant Agreement, including, but not limited to, claims (including but not limited to grant reimbursement claims brought against the COUNTY by the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management and brought by the United States Department of Homeland Security) arising from the UNIVERSITY's failure to perform its obligations under this Subgrant Agreement and/or the UNIVERSITY's violation of any of the provisions of this Subgrant Agreement. As an additional remedy and not in lieu of the foregoing, the COUNTY has the right to terminate this Subgrant Agreement in the event the UNIVERSITY fails to perform any of its obligations under this Subgrant Agreement or otherwise violates any of the provisions of this Subgrant Agreement after first having given the UNIVERSITY at least thirty (30) days written notice of its intent to do so. 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 UNIVERSITY'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.