HomeMy WebLinkAboutCounty of Kern - Public Safety Interoperable Communications Grant $5,431,433.30 (PSIC Program) Grant NO 2007-GS-H7-0008Kern County
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AGREEMENT
BETWEEN CITY OF FRESNO AND COUNTY OF KERN
(PUBLIC SAFETY INTEROPERABLE COMMUNICATION GRANT)
LL' This Agreement ('Agreement') Is made and entered into this 30th day of November, 2010, by
8 and between the City of Fresno, a California municipal corporation ("Cri and the County of
i Kam, California ("Agency').
RECITALS
A. City has receivetl an award of $5,431,43330 in grant funds under the federal Homeland
Security Public Safety Interoperable Communication Grant Program ("PSIC Program'),
administered by the State Office of Homeland Security ("OHS'I pursuant to
Grant No. 200]-GSH74008 ("Grant"), Incorporated herein byreference.
B. City, through Its police department. is responsible for administering the disbursement of
Grant funds received pursuant to the Grant for the regional (i. e., seven county region under the
Grant Interoperable communication projects.
C. Agency desires to undertake a project for Multi -Band Command Channel, more
particularly described in the attached ExhibK A and incorporated by reference herein.
("Project") to be funded in pad from the Grant funds up to a tonal of $335.809.54.
D. The parties agree that the Project will add m and enhance existing regional operational
efforts and future goats for interoperable communications.
E. Agency, in performing governmental functions or cooperating and coordinating with City
Hereunder, shall do so in conformance with the PSIC Program.
AGREEMEN
NOW, THEREFORE, in considerationof the foregoing and of the covenants, conditions, and
promises hereinafter contained to be kept and performed by the respective parties, it is mutually
agreed as follows:
Section 1. Responsibilities of ON Contingent upon funding being available, City agrees to
utilize up to a total of $335,809.54 of the Grant funds for the Project. City will coordinate the
preparation and prompt submittal of commendation to OHS required under me Grant, draw
down of Grant funds and remit to the Agency or its designated payees) ("Payee") any Grant
funds received for the Project subject to Me receipt of detailed invoices reimbursable pursuant
to the forms and conditions of the Grant and approved for payment by Agency. Nothing in this
Agreement shall commit the faxing authority orgenaratfund of City.
Section 2. Responsibilities; of Adencv. Agency will be responsible for the purchase, contract
administrator, Project management and all costs and expenses of me Project Agency may
use Grant funds for costs and expenses reimbursable under the Grant up to a total of
$335,809.54. Agency will be responsible for Providing detailed invoices to the City for
disbursement of monies from the Grant funds. Agency will remain responsible for any costs not
reimbursable pursuant to the Grant Agency will be responsible, at its sole cost and expense,
for maintaining any equipment or improvement obtained pursuant to this Agreement In
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accordance with me terms and conditions of the Grant. Any Payee of Agency shall be
designated by Agency in writing following Agency's acceptance of delivery, or the partial or
completed work, an Agency's approval for payment of the detailed invoice from the Payee.
Agency agrees to use ma Project as intended under me Grant and consistent with Grant
requirements. Agency acknowledges and agrees that funding Is dependant upon satisfactory
Performance and availability of funds.
Section 3. Term of Agreement an Termination
(a) Term of Agreement. The term of this Agreement shall begin November 30, 2010
2010 and en December 1, 2012 unless extended by mutual written agreement of the parties or
terminated as provided herein.
(b) Termination.
(1)Non-Allontion of Funds — The terms and conditions of this Agreement
are contingent on the approval of funds by the appropriating party: provided however, should
sufficient funds not be allocated (i) the Agreement may be mcdifed at any time upon muNal
canoed agreement of me parties, or (it) this Agreement maybe terminated at any time by the
non -appropriating party giving at least 30 days advance wdden notice of an intention b
terminate to the other Party.
(2) Breach of Contract — Eimer party may terminate this Agreement upon
30 days advance written notice to the other party, in the event the other party substantially fails
to perform or comply with any of the terms or conditions hereof and such failure is not cured
during such 30daynotificafon Perot. In no event shall any payment by City constitute a
asiver by City of any breach of this Agreement or any default which may then exist on the pad
of the Agency. Neither shall such payment impair or prejudice any remedy available to City with
respect to the breach or default.
(3) Without Cause - Under circumstances other than those act forth above,
this Agreement may be temrinated by either party upon the giving at least 30 days advance
ended notice of an Intention to terminate to the other party.
(4) Notwithstanding the foregoing, this Agreement shall automatically
suspend or terminate upon City's written notice Is Agency of any of the following events:
(i) Grant termination, (it) any non -appropriation or non -allocation of Grant funding required In
pursuit hereof, (iii) Agency's illegal or improper use of Project procured with Grant funds,
(iv) Agency's failure to comply with any term of this Agreement. (w) Agency's fallure to comply
with Federal CruglNcohol regulations, or (v) Agency's failure to comply with any applicable
provisions of the Grant. City shall have the right to demand of Agency the repayment to City of
any funds disbursed to Agency or its Payee under this Agreement, which were not expended
either In accordance with the terms of this Agreement, or with the terms of the Grant. Agency
shall promptly refund any such funs upon demand.
Section 4. Indemnification. Agency shall be solely liable for, and shall indemnify, defend
an hold harmless Clty and each of its of cars, officials. employees, agents and volunteers
("Inemnitees') from, any and all loss, III fines, parishes, forfeitures, costs and damages
(whether in contract, tort or stnct liability, Incl Wing but not limited to personal qui death at
any time and property damage) incurred by any of the Indemnitees, me Agency or any other
Person, and from any and all claims, demands and actions in law or equity (including attorney's
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fees and litigation expanses), arising directly or In im ctly from the negligent or intentional acts
or omissions of the Agency or any of its. officers, officials, employees, agents or volunteers In
the pedarmance. of this Agreement.
It Agency should subcontract all or any portion of the Project, Agency shall require each
subcontractor to indemnity, hold homeless and defend City antl eacF of s officers. officials.
employees, agents and volunteers In accordance with the terms M the pre ing Paragraph.
This section shall survive termination or expiration of Nis Agreement
Section 5. Insurance. It is understood and agreed that each party sintains Insurance
polices or sett -insurance programs to fund their respective liabilities. Agan agrees that such
programs or pollcy coverage for Workers Compensation shall contain a w liver of subrogation
as to the City and each of its officers, officials, agents, employees and volu tears. Evidence of
insurance, certificates of Insurance or other similar documentation shall no be required of any
party under this Agreement.
If Agency should subcontract all or any portion of the Project, Agenc ly shall require each
subcontractor to provide the same insurance protection In favor of City and each of its officers,
officials, employees, agents and volunteers as required by Agency o be provided by
subcontractor in favor of Agency including, without limitation, endorsement of any commercial
general liability of auto liability insurance policy to cover City and each of its officers, officials,
employees, agents and volunteers as additional insureds under the policy, and endorsement of
the worker% compensation insurance Miley to whin a waiver of subrogation as to the City
and each of Its officers, officials, agents, employees and volunteers.
Section 6. Independent Contractor. The parties are acting In an Independent capacity.
Each pact agrees that it, including any and all of its offerers, agents, and employees, shall have
absolutely no right to employment rights and benefds available to the other party's employees.
Each party shall be solely liable and responsible for providing to, or on behalf of its own
offers, agents, and employees all legally and contractually required employee benefits. In
addition, each party shall be solely responsible and save the other parry harmless from all
matters relating to payment of the parry's employees, including, but not limited to, compliance
with applicable social security withholding and all other regulations governing such matters.
Further and without limitation, Agency will be responsible for its own actions in completing the
Project under this Agreement and City shall not be liable for any civil liability that may adds from
the completion of the Project by the Agency.
Section y. Maintenance of Records. Agency shall maintain all books, documents, papers.
accounting comes, and fifer a4dence partainirg to the performance of this Agreement and any
expenses, Agency shall make such materials available at Its offices at all reasonable times during
the Agreement period and for three years form the date of expiation or termination of the
Agreement City and any duly authorized representative of the shute or federal government that
has provided funding for any aeeulsftan or activitlas under this Agreement shall have access b
any books, records, and document of the Agency that am pertinent to the Agreement for audits,
examinations, experts, and transactions, and copies thereof shall be furnished if requested. This
paragraph shall survive expiation or termination of this Agreement.
Section 8. Non -waiver Waiver of any breach or default hereunder will not constitute a
continuing waiver, or a waiver of any subsequent breach, of either the same or another
provision of Nis Agreement.
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Section 9. Severability. If any provision of this Agreement s held invalid or unconstitutional,
such decision shall have no stent on the validity of Me remaining previsions of the Agreement
and such remaining provisions shall continue to remain in full force and effect.
Section 10. Interpretation. The partles acknowledge that this Agreement In its final form is
Me result of the combined stone of the parties and that, should any prevision of Mis Agreement
be found o be ambiguous In any way, such ambiguity shall not be resolved by construing this
Agreement In favor of or against any party, but rather by construing the terms in accordance
with their generally accepted meaning.
Sectio 11. Governing Law The interpretation and enforcement of this Agreement will be
governed by the laws of the State of California and where applicable, by federal law. The
pates agree to submit any disputes arising under this Agreement to a won of competent
Jurisdiction located In Fresno County, California.
Section 12. No Third Party Beneficlanes. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific ponies hereto as identified In the preamble of
this Agreement It is not intended that any rights or interests in this Agreement benefit or flow to
the interest of any third parties.
Section 13. Assignment and Binding. Neither party shall assign or fonder its rights or
obligations under this Agreement without the written consent of the other party. Subject to the
preceding sentence, once this Agreement Is signed by all pates, it shall be binding upon, and
shall Inure to the benefit of, all parties, and each part's respective helm. successors, assigns,
movement, agents, servants, employees and representatives.
Section 14. Notices. Any notice required or Intended to be given m either party under bre
terms of this Agreement shall be in wring and shall be deemed to be duly given If delivered
personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by
United States registered or certified mall, with postage prepaid, return receipt requested,
addressed to the party to which notice is to be given at the part's address are forth on the
signature page of this Agreement or at such other address as the pates may from time to time
designate by women nodes. Notices served by United States mail in me manner above
described shall be deemed sutslenfly served or given at the time of the mailing thereof.
Section 15 Compliance with Laws and Grant. In completing the Project under this
Agreement, Agency shall at all times comply with all applicable lava of Me United States, the
State of California and its respective Junsdletion, and with all applicable regulations promulgated
by federal, state, regional, or oral administrative and regulatory agencies, now In force and as
May may be enacted, issued, or amended Morning the term of this Agreement.
Section 16. Atmney's Fees. If either party Is required to commence any preweding or Icgal
action to enforce or interpret any term, covenant or condition of the Agreement, the prevailing
party In such proceeding or action shall be funded to recover from the other party its reasonable
atmmey's fees and legal expenses.
Section 17. Extent of Agreement This Agreement represents the entire and integrated
agreement between Me pates with respect Is the subtest matter hereof and supersedes all
prior negotiations, representations or agreements, either written or and. This Agreement may
he modified only by whten Instrument duly authorized and executed by each party.
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IN WITNESS WHEREOF, Me parties have executed Nis Agreement at Fresno, California, the
day and year first above writer.
CITY OF FRESNO,
a Celifemia municipal corporation
B
Je P. Dye C ief W Police
resno Police Department
ATTEST:
REBECCA E. KLISCH
CM Clads
By, Rpm 14
uty
No signature of City Aftomey required.
Standard Document Ill 3.0 has been
used wiMout modification, as certl6ed by
the undersigned.
By r
L to Moteyas
tenant
Fresno Poly Department
Addresses
City:
City of Fresno
Aderel Desiree L. Perry, SCSO
P. O. Box 1271
Fresno, CA 93]15-12]1
Phone: (559)621-2495
FAX: (569)457-142]
Attachment
Exhibit A — Project Description
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County of Kem,
CA
By: NOV 3 OZOID
Raynni Watson, Chairman, Bverd,
of SupeMsors
ATTEST:
Name
[Tide?
By: NIg
[Name]
APPROVED AS TO LEGAL FORM:
Bruce Dlvelbiss
Deputy Counsel
:lei ski...
REVIEW RECOMMENDED FOR
APPROVAL:
By:
Pon s. Division Director.
G spat Services Division. County
AC inislalive Office
Agency:
County of Kam
Attention: Matt Pontes, Division Director
General Services Division
1115 Tmxton Avenue
Bitumbelq Ca 93301
Phone: 661 868 3000
FAX: 661 868 3100
Ex[104 A
ANrnanont
BcWesn OILY of Fre=_no and County of Kern
(FSIC FroOram)
Fofect Ocscriptoon
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FROWN
REPORT TO THE CITY COUNCIL AGENDA ITEM NO. I m
COUNCIL
—M-EEEEEnRN9G]'EGB1 O9FIBf10
September 16, 2010�L--
oEnNTLu'rauCT2e
FROM: JERRY P. DYER, Chief of Police cm
Police Department
BY: SHARON SHAFFER, Deputy Chief
Support Dodske Commander
AUTHORIZE THE CHIEF OF POLICE TO ENTER INTO AGREEMENTS AND
EXTENSIONS WITH THE COUNTIES OF KERN, TULARE, KINGS, MADERA MERGED
MARIPOSA; THE CENTRAL CAUFORMA EMERGENCY MEDICAL SERVICES (
AGENCY; AND, EX POST FACTO, WITH THE NORTH CENTRAL_ FIRE_PROTEC
DISTRICT, AND TO ACT AS THE FUNDING PASSTNROUGHAGENCY FOR THE At
YEAR 2087 CYCLE PUBLIC SAFETY INTEROPERABLE COMMUNICATION (PSIC) OF
PROGRAM ($5.4 MILLION), SUB -GRANTED FROM THE STATE OF CAUFO
EMERGENCY MANAGEMENT AGENCY AND ADMINISTERED BY THE U.S. DEPART&
OF HOMELAND SECURITY
RECOMMENDATIONS
It is recommended Net Council authwas the Chief of Police to enter into agreements and any exlanaiorq w&h
the du best a Kenn. Tulare, Kings, Madera, Merced and Mariposa; the Central California Emmgmry Modical
Services (EMS) Agency; and, ex We boom, with the NOM Cardial Fire Andedim Dismd (mlkionsey dandfietl
w the California Statewide Intmopareghy Exea8lve Commitee (CBISIEC) Central Planning Area (CPA),
subject W approval as to form by Ne City Attorneys Office. These agreements will allow the Fresno Police
DePMMMt (DBpamnmR) to act as the Pass-through agency for FY 2W7 Public Safety Interoperabb
Communications (PSIC) grant funding ($5.4 million fedarel funding svailade for this projad).
EKECUTIVE SUMMARY
In 2007 Council auNodzetl the Department to apply for funding through Ne U.S. DepeMient of Commerce
and U.S. Department of Homeland Security under Ne FY 2007 Public Safety Imempemble Communicators
(PSIC) gram program. The Geparanent oras subaeeuemly awardnd approximately $5.4 million in Brom funding
W support development andror enhancements to imemparable cummunicedms among first responder
agencies (LawrFireIEMS) throughout Ne sevancounty Central Planning Area (CPA). The DepaMead has
maimalned management and administrative reepmslbitry for this gran( and has worked classy w&h
pargcipagrg agencies to detemim critical needs and m Nubble distribution of grant funds. An exaculive
committee mp 088ntadve of all seven counties, the EMS Agency and the North Cadre Am Protection Disind
worked for more than a year on this program, and recently voted to disalbute funding as follow (rounded to
dor nearest dollar for purposes of this report);
Kam County - $335,809; Tulare County - $913,208; Kings County - $771,401; Fresno County - $161,874;
Maiden County - $33,834; Named! County - $2S4,SSB; MIRIPOW County - $266,072; General Celfomie EMS
Agency -$448.02; North Central Fire ProtedWn District (authorized by committee In 2009) - $491,503.
nmeMM to M read
Dream ease(
t to City Counol
Grand Program
caber 16, 2010
In addition to Me funding amounts noted above, the Fresno Urban Area (defined as the County W Frame aith
the City of Fresno as the care metropolitan area) was avmmed $1,833,652 in direct PSIC funding from Me
Celffomia Emergency Management Agency to support and enhance current Intaropembility systems. From
this funding, the City of Fresno received approximately $884,00 to support or enhance interopsrede
communications bstwesn the Plica DeparVnant and surrounding a0adee within the County. An abddonael
$187,800 in PSIC herding was recently made available to hire a full time Management Analyst It to manage
ongoing grant..Projed6 throughout the performance period of Nis grams, raising the amount Of PE IC funtlbn
In order to ad as the pass-through agency for this grant funding, the Department must Mader Into an agreemen
with each partidpating county, North Central Fre Protection DisMct and the Central CalHomia EMS Agerc3
Mat specifically Irbntifies the roles and responsibilities of eater party. The Police D Ioarlment, worldng vitt the
City Attorney's Mos. developed a standardized egreemem Nat can be used for each county and Bre Centra
Calif emb EMS Agency. The language of each agreement will ba Identical, aide the exception of Me name a
Me participating county or agency, specific dollar amount, and Platonism of that projed(s) being funtlatl vahr
each county or agency. The saparde agreement with North Central Fre Prole ilon District (Dldnd) is similar,
except that the District Is also required to provide a matching cash amount M $115,750.80 and has allocated
this amount in their budget
In cabr to expedite the Procurement, indallatlon and teetlrg Of squlpment purchesed by each participating
county, Distil ant agency, and to ensure that Me goals and objeClum of this greed can bit met by the
imposed milestone data of January 1, 2011, Me Police Department b requesting Council aulnoity to anter Into
an agreement with each painidpatlrg county, District and agency, in a farm approved by the City Attorney's
Olflce. The DiaMd's Prajed necessitabtl additional time and Me Department proceeded to combeed aith Mo
Distinct on August 3, 2009, and Is preparing to renew to eland fres time fa completion a Me Maks project
funded by the Grant The DepaNnen4 for this reason, is nNow8 irg Council authorize Me Chief, ex pod facto,
to cover into such centrad and renew some Win an extension of time for dandelion.
BACKGROUND
In 2004 the National Commission on Terrorist Attacks Upon Me United States (9111 Commlaeion) published
teak final report, Mitring irsues Mat significantly contributed to Me Nation's vulnerability. One al Me diked
Issues Involved Me ability for find responder agendas using disparate radio platform to communicate with
each other Medical interoperable communications). The Department of Homeland Security has made
interoperable communications a Priority, focusing a great deel afbderel gram funding in this area.
In 2007 the U.S. Department of Commerce funded Me Public Safety latempereble Communications (PSIC)
gourd, making nearly one billion dollars available to enhance bdiral interoperede communications among first
responders natiomafde. The Department of Homeland Security is the administering agency far this gram
funding, and has made Me NMIng available to all states ant hormones. The funding awarded to Cdlbmis a
administered through tai Catifamia Emergency Management Agency (CaiEMA).
Under tae Public Sffiety Interoperable Communications grant Program, only California Statewide Imeroperabb
Executive Commitee (CWSIEC) Planning Areas were eligible to apply for funding. The CaISIEC Cancel
Planning Area incudes Medpose Merced, Madera, Fresno, Tulare, Kings and Kern Counties. The City d
e
Fresno (Frew Police Department) was awamed funding under the FY 2007 PSIC grant, and serves as Me
management and administrative agency. The Depareasm is part ofand works cooperatively Wed, the Ceodrel
itee
Planning Area Executive Commto make deciaions regarding the use of PSIC funds to support
Imraperable communications efforts throughout our sevsnwunty region. The amount seamed M the Central
CaISIEC Planning Area totaled $5,431,433.30.
Council
PSIC grant funds have been split into tiro distinct potions. The first portion, $1,833,652, has
for projects within the City and County of Fresno to enhance Interoperable communications
forced through Me 2004 Urban Areas Security Indiative WASh grant This fiindlnn he, .n.e
�AILVT tapproximarely amu,uw), planning and admmistrabve coats mpprodmetety $SB,0p9) ell training fa
Police and Information Services Department personnel (approximately $15,090). Decision-making regarding
Me funding of projects within Me Fresno Urban Arae is the function d the Fresno Urban Ams Work Group
(FUAWG), which fo cement, o ty elected members or the first responder disciplines in Fresno County
(municipal law enforcement, county law enforcement, municipal fire, county fire, and heaMVEMS). The
FUAWG meets to Coma funding of nen and existing projects, and makes recommerdatbrls to the
designated! Pants d Coated (PC)C'S) for final spelling authority The UASI PCC'e are Fresno Pdice Chief
Jany Dyer and Fresno County Shorty Margaret Mims.
The Reconal potion, $3,597,981.3, hes been designated for the seven counfiee (Fresno, ManficheMercotl,
Madera, Kings, Tulare and Kem), to District all Me Combat CalRomu EMS Agency, and will whanco
interoperable communications Mrotghout Me CaISIEC Genital Planning Am. In developing project for
fulling. Me Central Planning Area must consider the nestle of laces units of govern seem end their needs for
medical Interoperable communications. The Central Planning Area must coordinate within the seven counfin to
Wba these funs in a manner that will benefit the Planning Area as a whole. An Executive Committee for the
Central Planning Area, which is comprised of members from government agencies in all seven counties the
District and Me EMS Agency, fudlitates the direction for regional interoperability throughout dh region. Unlike
the Fresno Urban Area Work Group, the Control Planning Area Eoaceil a Committee members make their full
eparyfilng tledebns by unanimous vote.
There is no fiscal impact. The position directly involved in this funding pass-through process (ons
Management Analyst II) is funded from the PSIC grant and does net Impact the City or Police Depanmerp
general funds.
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Agreement- FPD 3.0 Standard nee
`D ENTERED