OTHER-2024-020 Acceptance of NC 911 Board Portable Radio Grant

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DocuSign Envelope ID : K815948- 1A81 -4F11 -A1FM5538D7976313 4 • 18 . Entire Agreement , This Agreement supersedes all prior agreements between the 911 Board and Grantee ; and expresses the entire understanding of the Parties with respect to the transactions contemplated herein , and shall not be amended , modified , or altered except pursuant to a writing signed by both Parties , 19 . Grantee Representation and Warranties . Grantee hereby represents and warrants that : x - a . Grantee is duly organized and validly existing as a unit of local government under the laws of the State of North Carolina , t. b . This Agreement constitutes a binding obligation of Grantee , enforceable against it in accordance with its terms . The execution and delivery of this Agreement have been duly authorized by all necessary action on the part of Grantee and does not violate any applicable organizational documents of Grantee, or any agreement or undertaking to which it is a party or by which it is bound . c . Grantee shall allocate such further and sufficient fields to complete the project in a manner consistent with this Agreement and the Grant Application . d . There is no action , suit, proceeding, or investigation at law or in equity or before any court, public board or body pending, or to Grantee ' s lcinowledge, threatened against or affecting it, that could or might adversely affect the Project or any of the transactions contemplated by this Agreement or the validity or enforceability of this Agreement or Grantee ' s ability to discharge its obligations tinder this Agreement , Co All consents or approvals necessary fi4om any governmental authority as a condition to the execution and delivery of this Agreement have been obtained by Grantee . Grantee shall provide the 911 Board with evidence of the existence of all such contracts at the time of the execution of this Agreement . Grantee agrees that the funding contingencies identified in the Grant Application are waived and that all such parties agree that grant funding is sufficient for the purposes and scope of the Grant . f. The Grantee will notify the 911 Board Executive Director of any significant problems relating to the administrative or financial aspects of the award, such as misappropriation of funds ; use of 911 Funds for non- eligible expenses ; or placement or retaining 911 funds in any account other than the Emergency System Telephone Fund . g . Grantee certifies that it has complied with G . S . § § 14-234 and 133 - 32 and shall continue to require compliance for itself and any vendors , contractors or other third parties during the term of this Agreement . Any violations of G . S . § 14 �234 (f) shall be reported to the Board ' s Executive Director within ten ( 10) days of Grantee learning of such violation . 20 . Performance Measures . Grantee shall ensure that its contracts with third parties include performance measures that provide remedies ensuring protection of the Grant Funds , any matching funds or funds from other sources , and that secure completion of this Agreement consistent with the time and budget for the Project . Specific measures are within the discretion of Grantee , and Grantee shall consider including measures including one or more of the following ; S- a . Requiring terminated vendors to provide costs of cover for replacement goods or services , b . Termination of vendor contracts for cause and vendor ' s forfeiture of rights to = payment , s Page 12 of 21 E