HomeMy WebLinkAboutCounty of Kings - Public Safety Interoperable Communication Grant $5,431,433.30 federal Homeland Security Public Sagety Interoperable Communication Grant Program (PSIC Program)AGREEMENT
BETWEEN CITY OF FRESNO AND COUNTY OF KINGS
.9 (PUBLIC SAFETY INTEROPERABLE COMMUNICATION GRANT)
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0 o This Agreement ("Agreement") is made and entered into this 7th day of February, 2012, by and
i�- 15 between the City of Fresno, a California municipal corporation ("City"), and the County of Kings,
" a Political Subdivision of the State of California ("Agency").
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RECITALS
A. City has received an award of $5,431,433.30 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"), pursuant to
Grant No. 2007 -GS -H7-0008 ("Grant'), incorporated herein by reference.
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 Fire Frequency Swap with Law Enforcement,
more particularly described in the attached Exhibit A and incorporated by reference herein,
("Project") to be funded in part from the Grant funds up to a total of $870,956.64.
D. The parties agree that the Project will add to and enhance existing regional operational
efforts and future goals 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.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and
premises hereinafter contained to be kept and performed by the respective parties, it is mutually
agreed as follows:
Section 1. Responsibilities of City. Contingent upon funding being available, City agrees to
utilize up to a total of $870,956.64 of the Grant funds for the Project. City will coordinate the
preparation and prompt submittal of documentation to OHS required under the Grant, draw
down of Grant funds and remit to the Agency or its designated payee(s) ("Payee") any Grant
funds received for the Project subject to the receipt of detailed invoices reimbursable pursuant
to the terms and conditions of the Grant and approved for payment by Agency. Nothing in this
Agreement shall commit the taxing authority or general fund of City.
Section 2. Responsibilities of Agency. Agency will be responsible for the purchase, contract
administration, Project management and all costs and expenses of the Project. Agency may
use Grant funds for costs and expenses reimbursable under the Grant up to a total of
$870,956.64. 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 the 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, and Agency's approval for payment of the detailed invoice from the Payee.
Agency agrees to use the Project as intended under the 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 and Termination.
(a) Term of Agreement. The term of this Agreement shall begin September 14, 2010
and end upon one of the terminating events described in 3(b) below unless extended by mutual
written agreement of the parties or terminated as provided herein.
(b) Termination.
(1) Non -Allocation 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 modified at any time upon mutual
written agreement of the parties, or (ii) this Agreement may be terminated at any time by the
non -appropriating party giving at least 30 days' advance written notice of an intention to
terminate to the other party.
(2) Breach of Contract — Either 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 30 -day notification period. In no event shall any payment by City constitute a
waiver by City of any breach of this Agreement or any default which may then exist on the part
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 set forth above,
this Agreement may be terminated by either party upon the giving at least 30 days advance
written 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 to Agency of any of the following events:
(i) Grant termination, (ii) 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, (iv) Agency's failure to comply
with Federal Drug/Alcohol 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 funds upon demand.
Section 4. Indemnification. Agency shall be solely liable for, and shall indemnify, defend
and hold harmless City and each of its officers, officials, employees, agents and volunteers
("Indemnitees") from, any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to personal injury, death at
any time and property damage) incurred by any of the Indemnitees, the 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 expenses), arising directly or indirectly from the negligent or intentional acts
or omissions of the Agency or any of its officers, officials, employees, agents or volunteers in
the performance of this Agreement.
If Agency should subcontract all or any portion of the Project, Agency shall require each
subcontractor to indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
Section 5. Insurance. It is understood and agreed that each party maintains insurance
policies or self-insurance programs to fund their respective liabilities. Agency agrees that such
programs or policy coverage for Workers' Compensation shall contain a waiver of subrogation
as to the City and each of its officers, officials, agents, employees and volunteers. Evidence of
insurance, certificates of insurance or other similar documentation shall not be required of any
party under this Agreement.
If Agency should subcontract all or any portion of the Project, Agency 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 to be provided by
subcontractor in favor of Agency including, without limitation, endorsement of any commercial
general liability or 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 workers' compensation insurance policy to contain 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 party agrees that it, including any and all of its officers, agents, and employees, shall have
absolutely no right to employment rights and benefits available to the other party's employees.
Each party shall be solely liable and responsible for providing to, or on behalf of, its own
officers, agents, and employees all legally and contractually required employee benefits. In
addition, each party shall be solely responsible and save the other party harmless from all
matters relating to payment of the party'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 arise from
the completion of the Project by the Agency.
Section 7. Maintenance of Records. Agency shall maintain all books, documents, papers,
accounting records, and other evidence pertaining 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 from the date of expiration or termination of the
Agreement. City and any duly authorized representative of the state or federal government that
has provided funding for any acquisition or activities under this Agreement shall have access to
any books, records, and documents of the Agency that are pertinent to the Agreement for audits,
examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. This
paragraph shall survive expiration 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 this Agreement.
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Section 9. Severability. If any provision of this Agreement is held invalid or unconstitutional,
such decision shall have no affect on the validity of the remaining provisions of the Agreement
and such remaining provisions shall continue to remain in full force and effect.
Section 10. Interpretation. The parties acknowledge that this Agreement in its final form is
the result of the combined efforts of the parties and that, should any provision of this Agreement
be found to 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.
Section 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
parties agree to submit any disputes arising under this Agreement to a court of competent
jurisdiction located in Fresno County, California.
Section 12. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties 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 transfer 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 parties, it shall be binding upon, and
shall inure to the benefit of, all parties, and each party's respective heirs, successors, assigns,
transferees, agents, servants, employees and representatives.
Section 14. Notices. Any notice required or intended to be given to either party under the
terms of this Agreement shall be in writing 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 mail, with postage prepaid, return receipt requested,
addressed to the party to which notice is to be given at the party's address set forth on the
signature page of this Agreement or at such other address as the parties may from time to time
designate by written notice. Notices served by United States mail in the manner above
described shall be deemed sufficiently 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 laws of the United States, the
State of California and its respective jurisdiction, and with all applicable regulations promulgated
by federal, state, regional, or local administrative and regulatory agencies, now in force and as
they may be enacted, issued, or amended during the term of this Agreement.
Section 16. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing
party in such proceeding or action shall be entitled to recover from the other party its reasonable
attorney's fees and legal expenses.
Section 17. Extent of Agreement. This Agreement represents the entire and integrated
agreement between the parties with respect to the subject matter hereof and supersedes all
prior negotiations, representations or agreements, either written or oral. This Agreement may
be modified only by written instrument duly authorized and executed by each party.
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the
day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
erry . Dyer, C of Police
Fr no Police Department
ATTEST: do►-,y1e SPEC.' LMG
City Clerk T
By: ,AM" A1&&"_
Deputy 3/11 ("--)L
No signature of City Attorney required.
Standard Document #FPD 3.0 has been
used without modification, as certified by
the undersigned.
,r
reM toyasu
' L eutenant
Fresno Police Department
Addresses:
City:
City of Fresno
Attention: Courtney Espinoza, SCSO
P. O. Box 1271
Fresno, CA 93715-1271
Phone: (559) 621-2495
FAX: (559) 457-1541
Attachment:
Exhibit A — Project Description
FPD 3.0106-02-09
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County of Kings,
A Political Subdivision of the State of
California
By'`_;�i
Richard Fagundes, Chairman of the
Board of Supervisors 14 2012
ATTEST:
Catherine Venturella
Clerk of the Board of Su ervisors
By: CGS-t.t n.e,
APPROVED AS TO LEGAL FORM:
Colleen Carlson
County Counsel
By:
Colleen arlson, County Counsel
REVIEWED & RECOMMENDED FOR
APPROVAL:
By:
arty Spikes, County Administrative
Officer
Agency:
County of Kings
Attention: Larry Spikes, County
Administrative Officer
1400 W. Lacey Blvd.
Hanford, CA 93230
Phone: 559-582-3211, ext. 2375
FAX: 559-585-8047
Exhibit A
Agreement
Between City of Fresno and County of Kings
(PSIC Program)
Project Description
Fire Frequency Swap with Law Enforcement
Existing Conditions
Kings County, Hanford and Lemoore Fire Departments currently utilize the UHF band for their
dispatch and day-to-day communications. However, the majority of other fire departments in
the Central Planning Area utilize the VHF band. Also, all Fire Departments in California are
required to have VHF radios, even if they use other bands for day-to-day operations, in order to
interoperate with CalFire and other departments under the FIRESCOPE radio interoperability
plan.
Proposal Overview
Kings County Fire Department and the Hanford and Lemoore Fire Departments are proposing
that they move their dispatch and day-to-day operations from the UHF band to the VHF band.
This will require the identification and licensing of approximately eighteen new, narrowband VHF
frequencies (six repeater pairs and six simplex tactical frequencies). The current UHF
frequencies would be turned over to Kings County Sheriff, Lemoore PD and Hanford PD,
providing them badly needed relief from their current shortage of frequencies, and/or to be used
as additional incident command and tactical channels to fulfill Platinum -10 requirements.
In order to complete this project the Kings County Flat Top Mountain Repeater Site Tower will
be replaced and new VHF mobile and portable radios will be purchased. These portable radios
will enable interoperability with EMS and Law Enforcement when on the scene of a multi-
discipline incident. VHF pagers will also be purchased for fire crew alerting.
The dispatch consoles for each entity (Kings County Fire, Kings County Sheriff, Hanford Fire,
Hanford Police, Lemoore Fire and Lemoore Police) will be modified to add the new channels.