ORD-2024-004-Acceptance of NC911 Board Portable radio grant and approval of budget amemdment #6-A

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c . Grantee ' s ownership , or free use , of all planning materials , estimates , drafts , plans , drawings and similar items or information produced by Grantee ' s vendors in the event of termination for any reason . d . Grantee ' s requirement that its vendors provide contract security for their performance , including but not limited to , bonds , letters of credit, escrows of funds or other assets , or like security . e . Terms and conditions of agreements allocating damages and setting forth limitations of liability as may be necessary or proper to ensure that any breaches or failures to perform by Grantee ' s vendors , as a minimum measure , f. Acceptance testing and warranties for any and all equipment, goods and services provided by Grantee ' s vendors of sufficient duration and measurement to ensure performance consistent with 911 center operations . 21 . Subcontracting . Grantee shall not subcontract any of the work contemplated under this contract without obtaining prior written approval from the 911 Board . Any approved subcontract shall be subject to all conditions of this Agreement . Only the subgrantees specified in the Application are to be considered approved upon award of the contract . Grantee shall be responsible for the performance of any subgrantee ; and shall require all subgrantees to comply with the provisions of the grant award, including this Agreement . Grantee shall be responsible for the performance of any subgrantee . a . Grantee shall ensure that any subgrantee provides all information necessary or proper to ensure compliance with this Agreement and the timely completion of the Project . b . The Grantee shall provide all necessary personnel, equipment, and facilities lement the work as stated in the Grantee ' s Grant Application and required to imp subsequently approved project schedules , budgets and project scope identified herein, in accordance with the stated objectives , goals , results , standards , and deliverables . 22 . Excusable Delay (Force Majeure) . Neither party shall be liable for any failure or delay in performing any of its obligations under this Agreement that is due to causes beyond its reasonable control , such as , but not limited to , acts of God, earthquakes and other natural catastrophes , governmental acts , shortages of supplies , riots , war, fire , epidemics , delays in common carriers , labor strikes or other difficulties or circumstances beyond its reasonable control . Grantee shall notify the 911 Board promptly of any factor, occurrence or event that comes to its attention that may affect or delay Grantee ' s ability to perform any of its other obligations hereunder . The obligations and rights of the excused party shall be extended on a day-to - day basis for the time period equal to the period of the excusable delay . The parties agree that Grantee failing to place an order for the portable radios by February 5 , 2025 , does not constitute excusable delay . 23 . Dispute Resolution , The Parties agree that it is in their mutual interest to resolve disputes informally . A claim by Grantee shall be submitted in writing to the 911 Board for decision . A claim by the 911 Board shall be submitted in writing to Grantee for decision . The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute ( s) . During the time the Parties are attempting to resolve any dispute , each shall proceed diligently to perform their ilities under this Agreement . If a dispute cannot be resolved respective duties and responsib between the Parties within thirty (30) days after delivery of notice , either Party may elect to exercise any other remedies available under this Agreement, or at law; or invite the other party to Page 13 of 21