Orange County NC Website
~` <br />3, In consideration fot the performance by the COUNTY of the services outlined above, the UNIVERSITY agrees to be <br />bound by the terms and conditions of the Memorandum of Agreement as listed in Attachment B to the extent applicable <br />to the TJNIVERSITY's selection, ownership and use of the CI EQUIPMENT procured by the UNIVERSITY. <br />4. All grant expenditures must be spent, invoiced, and submitted to the Orange County Department Of Emergency <br />Management by August 30, 2006. If at such time the Office of Emergency Management receives notification of a grant <br />extension from the North Carolina Division of Emergency Management, this will be transmitted in writing to the <br />UNIVERSITY and serve as a formal amendment to this contract. Reimbursement is contingent upon receipt by the <br />COUNTY of Homeland Security funds from the Federal and/or State government. <br />5 The UNIVERSITY agrees to maintain a complete and accurate inventory of the CI EQUIPMENT and any associated <br />supplies and to maintain a documented list of the general location(s) of the CI EQUIPMENT, which can be produced <br />upon request by any internal or external agency for the purposes of inspection, inventory, financial, or fiscal audits. The <br />UNIVERSITY further warrants that the CI EQUIPMENT will be used for purposes authorized under the DHS grant. <br />6, It is understood that the UNIVERSITY will retain custody of the listed property and will assume complete responsibility <br />and ownership of the CI EQUIPMENT including security, maintenance (preventative or otherwise), insurance, and any <br />associated expenses for supplies (disposable or reusable), upgrades (software or hardware), not already included in with <br />the original purchase and the UNIVERSITY agrees to maintain the listed property in proper working condition per <br />manufacturer recommendations and requirements. <br />7. The UNIVERSITY further agrees to provide or make accessible to the extent possible, to the COUNTY, the CI <br />EQUIPMENT in situations of emergency mutual aid or for incidents involving the need for specialized equipment in <br />which the listed property would be of use to other public safety agencies within Orange County upon request by <br />appropriate authorities through the Incident Command System or through a direct request duough the COUNTY <br />Department of Emergency Management. <br />8 If the UNIVERSITY fails to perform its obligations under this Agreement, or if the UNIVERSITY shall violate any of <br />the provisions of this Agreement, the COUNTY shall have the right to terminate this Agreement by giving written nofice <br />to the UNIVERSITY of such termination at least thirty (30) days before the effective date of'such termination. <br />9 In connection with the performance of this Agreement, the UNIVERSITY shall not discriminate against any employee, <br />applicant for employment, or program participant because of race, religion, color, sex, handicap, or national origin. <br />10. The UNIVERSITY shall maintain all accounts, books, ledgers, ,journals and records in accordance with generally <br />accepted accounting principles, practices and procedures applicable to dre UNIVERSITY. <br />I I. The UNIVERSITY shall submit to fire Orange County Department of Emergency Management, on request, a status report <br />of all program activities associated with this project. <br />12. The UNIVERSITY shall have an annual audit, as preformed by the North Carolina State Auditor, of its financial records <br />and operations performed by an appropriate accounting entity with a copy of'such audit and a copy of the financial <br />records and operations of the UNIVERSITY, as it applies to the annual maintenance and upkeep of the grant funded CI <br />EQUIPMENT as listed in Attachment A, being available to the ORANGE COUNTY Finance Department by December <br />31 of each fiscal year. <br />1.3. The COUNTY shall be enritled to conduct program evaluations of the UNIVERSITY's activities as it relates to the <br />accomplishments of established goals and objectives of this Critical Infrastructure Protection Program and the quality and <br />impact of services being delivered. <br />14 All books and records in regards to this project shall be maintained by the UNIVERSITY for a period of at least three <br />years from the date of the CI EQUIPMENT purchase under this Agreement and shall be made available for audit or <br />evaluation upon request during regular business hours of the UNIVERSITY. <br />15 Official meetings of the UNIVERSITY will comply with the open meetings law, <br />16, The UNIVERSITY has adopted aDrug-Free Workplace Policy in accordance with the Drug-Free Workplace Act of 1988 <br />(41 U SC. 701). (See http://wwwzmc edu/campus/policies/illegal_drugs.html) <br />