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0 <br />NORTH CAROLINA <br />Voice Interoyer-ability Plan for• Emergency Responders (VIPER) <br />COUNTY OF <br />This Agreement made this day of , 2006, by and between Orange <br />County and the City of Chapel Hill, hereinafter called Grantees, and the NORTH CAROLINA <br />STATE HIGHWAY PATROL, hereinafter called Facilitator; <br />WIINESSETH: <br />THAT WHEREAS, NC State HighwayPatrol will act as the strategic facilitator for the Voice <br />Interoperability Plan for Emergency Responders (VIPER) by sharing resources such as spectrum <br />analysis and engineering support, currently licensed 800Mhz spectrum; a premier- microwave system <br />and network administrative responsibilities with the above named local government agency in return <br />for the sharing of local government resources; and, <br />WHEREAS Grantee desires "a mobile voice and'data communications network that allows <br />state and local law enforcement and public safety agencies to communicate with each other, <br />regardless of location in the state"; and, <br />WHEREAS the parties hereto have mutually agreed to the terms and conditions of this <br />agreement as hereinafter set forth; <br />NOW THEREFORE, the Grantee submitted to the North Carolina Division of Emergency <br />Management a letter stating its intent for the amount of'$2,384,000 to be retained by the State and <br />provided to the North Carolina State Highway Patrol to effect the implementation of (4) VIPER <br />antenna system(s) for Orange County and the City of'Chapel Hill (MOA #3016 and MOM 3017).. <br />This amount is based upon a combined total of'$2,700,500.,00, the combined total of'2004 Grant # <br />196 (MOA# 3020), Grant #232 (MOA# 3016) and Grant # 102 (MOA# 3017) of'which Orange <br />County retained $54,000 from MOA # 3016 and the City of Chapel Hill retained $262,500 from <br />MOA # 3017 for the purpose of'paying contracted services (Orange County) and the purchase of <br />VIPER compliant radios (Chapel Hill) Furthermore, both Orange County and the City of Chapel <br />Hill have agreed that as the Patrol proceeds to construct the VIPER antenna sites at Hillsboro, UNC <br />Chapel Hill, Laws and Cane Mountain, that all funds required to complete the installation of said <br />antenna sites will be encumbered-fiom the those funds-allocated to MOA#-3016 and MOA # 3020 <br />and MOA # 3017 respectively and retained by the State of'North Carolina as expressed in a letter of <br />'intent from the County o.f'Orange and the City of'Chapel Hill dated December 20, 2004, however the <br />City of'Chapel Hill will be permitted to utilize any remaining funds to purchase VIPER compliant <br />radios or to be the recipient ofVIPER compliant radios purchased by the State of'North Carolina on <br />Chapel Hill's behalf:. Any such purchases shall be subject to the final approval of' the Secretary of