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HomeMy WebLinkAboutCounty of Merced - Public Safety Interoperable Communication Grant $5,431,433.30 Federal Homeland Security Public Safety Interoperable Communication Grant Program (PSIC Program)AGREEMENT o BETWEEN CITY OF FRESNO AND COUNTY OF MERCED a (PUBLIC SAFETY INTEROPERABLE COMMUNICATION GRANT) 0. U 8 This Agreement ('Agreement") is made and entered into this 1st day of September, 2010, by o and beleeen the City of Fresno, a Gelfoma municipal corporation ('City), and the County of Merced, a political subdlvlsion of the State of Califpma ('Agency') RECITALS A. City has resolved an Award of $5,431.433.3a in grant funs untler the belated Homeland Security Public Safety Interoperable Communication Grant Program ('PSIC Program'), administered by the State Office of Homeland Security ('OMS), pursuant to Grant No 2007 -GSM -0008 ('Gram"), incorporated herein by reference. B. City, through Is police department, is responsive for administering the disbursement of Gram funs received pursuant to the Grand for the regional (i.e., seven county region under the Grant) interoperable communication pmjects. C. Agency deal to undertake a project for the purchase and installation of interoperabilly equipment, more particular described in the attached Exhibit A and incorporated by reference herein, ('Project') to be funded In pad from the Grant funds up to a total of $254,568 91. D. The panes agree that the Project will add to and enhance exabng regional operational efforts and future goals for imeroperable communications. E. Agency, in performing governmental functions or cooperating and wsadmating with City hereunder, shall do so in conformance with the PSIC Program. AGREEMENT NOW, THEREFORE, In consideration of the fora ing and of the covenanter conlitlore, and premises hensnalter contained to be kept an performed by the respective parties, it is mutually agreed as follows. Section 1. Responsibilities of Cf¢ Con6ngem upon funding being available, City agrees to utilize up to a total of $254.568.91 of the Grant funds for the Project. City will coordinate the preparation an prompt submigal of documentation to OHS required under the Grant, draw down N Grerd funds and rend W the Agency or iia designated payees) ('Payee') any Gram funds received for the Project subject to the recept of datailed Invoices reimbursable pursuant to the terms and conditions of the Groh an approved for payment by Agency. Nothing in this Agreement shall commit the taxing authomy or general fund of City. Section 2. Responsibilities of Age Agency vrill be responsible for the purchase, contract administration, Project management and all costs an expenses of the Potent Agency may use Grant funds for costs and expenses reimbursable under the Grant up to a tonal of $254,568.91. Agency will be responsible for providing detailed invgws W the City for disbursement of monies from the Grant funds. Agency will remain responsible for any was not reimbursable pursuant to the Grant. Agency will be responsdoe, at 4s sole wat and expense, for maintaining any equipment or improvement obtained pursuant to this Agreement in Mo saosuxm -1- accordance with the terms and comtlifione of the Grant, Any Payee of Agency shall be designated by Agency in writing following Agency's acceptance of delivery, or Ins partial or completed we*, and Agency's approval for payment of the detailed invoice from the Payee. Agency apneas to use the Project as intended under the Gram and Consistent vMh Grant requirements. Agency art nowledges and agrees that funding is dependant upon satisfactory Performance and availability of funds. Section 3. Teo of Agreement and Termini (a) Term of Agreement The term of this Agreement shall begin September 1, 2010 and end June 30, 2011 unless extended by mutual written agreement of the paries 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, shoud sufficient funds not be allocated, (1) 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 path giving at least 30 days' advance written retice W an intention to terminate to the other party. (2) Breach of Contract - Either pally may terminate this Agreement upon 30 days advance warren nonce 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 notifcation pence In no event shall any payment by Cry constitute a waiver by City of any breach of tris Agreement or any default which may then exist on the pan m the Agency. Neither shall Sven payment impair or prejudice any remedy available to"with respect to the breach or default (3) Without Cause - Under circummances other than those set forth above, this Agreement may be terminated by either party upon the giving at least 30 days advance "Hen notice of an imenfon to lemrinate to the other pang. (4) Notwithstanding the foregoing, this Agreement shall automatically suspend or terminale upon City's wrdlen notice to Agency of any of the following events t) Grant lamination, iii) any non -appropriation or non allocation of Grant funding required in pursuit hereof (iii) Agencys illegal or improper use of Project procured witF Grant funtls, (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 m its Payee under this Agreement, which were not experded wher 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, defeM and hold harmless City and each of las Officers, officials, employees, agents and Volunteers (indemnitees) from, any and all loss, liability, tinea penalties, forfeitures, costs and damages (whether in contract, ton or strict liability. including but not limited to personal injury, death at any time and property damage) incurred by any of the IndemMees, the Agency or any other Person, and from any and all claims, demands and actions in law or equity (including attorney's FPD 3 rme.cag fees and litigation expenses), arising directly of indirectly from the negligent or intentional ache or emissions of the Agency or any of its officers, officials , employees, agents or volunteers in the pertermance of this Agreement. If Agency should subcontract all or any portion of the Project, Agency shall require each subcontractor to Indemnify, held 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 parry maintains insurance Pi or self-insurance programs to fund their respective liabilities. Agency agrees Met such Programs or Polley 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 subcemract all or any portion of the Protect, Agency shall require each ubcenrector to provide the same insurance protection in favor of City and each of I% officers, officials, employees, agents and volunteers as required by Agency to he 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 oficers, 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 paries 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 night to employment rights and benefits available to the other Will employees. Each party shall be solely liable and responsible lir providing to, or on behalf of, 0s ecu officers, agents, and employees all legally and contractually required employee benefits. In addition, each party shall be solely researches 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 ether regulations governing such matters Further and without limitation. Agency will be responsible for he own actions In completing the Project under this Agreement and City shall not be liable for any civil lwhilty that may arise from the completion of the Project by the Agency. Section ]. Maintenance of Records. Agency shall maintain all books, occurrence, papers, accounting recoMs, 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 dung the Agreement period and for three years from the date of expiration or termination of the Agreement. City and any duly anhorized 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 pertmem to me Agreement for audits, examinations, excerpts, and "elections, and copies thereof shall be furnished d requested This paragraph shall survive exoirall 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, m either the same or another provision of this Agreement. FPD 3ZMfre2 De Section 9: Severamlit. If any provision of this Agreement is held invalid or unconstitutional, such decision shall have no affect on the validity of the remaining brovisdns of the Agreement and such remaining provisions shall continue to remain in full farce and effect. Section 10. I_etamretaton. The parties acknowledge that this Agreement in its final form is Ne result of the combined efforts of the paries and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be dissolved by construing this Agreement in favor Of or against any party, but rather by construing the tomo 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 mud of competent jurisdiction located in Fresno County, California. Section 12 No Third Pan Benefdares. The rights, interest, 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 right or Interests in this Agreement beneff or flow to the interest of any third parties. Section 13. Assionment and Binding Neither party shall assign Or "Fater its rights or obligations under this Agreement without the when 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 bereft of, all parties, and each party's respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. Section 14. NON (Ices. Any notice required or Intended to be given to either pally under the terms of Nis Agreement shall he in wring and shall be deemed to be duly given R 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 pant's address set forth on the signature page of this Agreement or at such other address as Ne parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed suleciently served or given at Ne 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 lam of the United States, the State of California and Its respective jurisdiction, and with all applicable regulators promulgated by federal, state, regional, or local administrative and regulatory agencies, now in tome and as they may be enacted issued, or amended during the term of this Agreement. Section 16. Ahorni Fees. If either party is required to Commence any proceeding or legal action to enforce or interpret any term, ce nand 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. Ellen of Aareemenc 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 motlfied only by written instrument duly aumbr@ed and executed by each party. FPO 300142Ag IN WITNESS WHEREOF, the partles have executed mis Agreement at Fresno, California, the day and year first above written. CITU OF FRESNO, COUNTY OF MERGED, a Ca@gmia municipal corporation a political sundivlsion of the State of Califomia �OCT ie zma ry P. yeq Chief of Poli By resno Police Department Je O'Bamon„ Chairman k of Supervisors ATTEST'. REBECCA E KLISCH City Cleric By r DepNy 11�17�(� No signature of City Attomey required. Standard Document 113.0 has been used without modification, as certified by the unde�rsrviignn w By Jeffrey Motoyap Lieutenant Fresno Police Department Addresses City'. City of Fresno Attention Courtney Espinosa, SCSO P. 0 Box 1271 Fresno, CA 937151271 Phoney (559) 621-2495 FM, (559) 45-1541 Attachment Exhibit A— Project Description FPO 3o (*-a APPROVED AS TO LEGAL FORM'. James Fmcher MercedC nryoy Legal Counsel Exhibit A Agreement Between City of Fresno and County of Merced (PSIC Program) Project Description This project is to purchase and install two (2) multiple -band repeaters, one each at two was serving Merced County. The intent is to implement a Multi -Band Command Channel(s) and a Gateway Device for radio communications and interaperabi ty during mulh istipllne, multi - Jurisdictional Incidents. MV OW at FRESMOREPORT TO THE CITY COUNCIL AGENDA ITEM NO. /'^ COUNCIL MEETING 09/1&10 September 15, 2010 9F8lAIMFBr FROM: JERRY P. DYER, Chief d Police ary Police Department BY: SHARON SHAFFER, Deputy Chief Support Divlaion Commander SUBJECT: AUTHORIZE THE CHIEF OF POLICE TO ENTER INTO AGREEMENTS EXTENSIONS WITH THE COUNTIES OF KERN, TULARE, KINGS, MADERA, MI MARIPOSA; THE CENTRAL CALIFORNIA EMERGENCY MEDICAL BERM AGENCY; AND, EX POST FACTO, WITH THE NORTH CENTRAL FIRE PI DISTRICT, AND TO ACT AS THE FUNDING PASSTHROUGH AGENCY FOR - YEAR 2007 CYCLE PUBLIC SAFETY INTEROPERABLE COMMUNICATION (Pt PROGRAM ($5.4 MILLION), SUB -GRANTED FROM THE STATE OF ( EMERGENCY MANAGEMENT AGENCY AND ADMINISTERED BY THE U.S. DE OF HOMELAND SECURITY 1ECOMMENDATIONS R le recommended that council authorize the Chief of Police to anter into agreements and any 4 Ne cauntles of Kem, Tulare, Kings, Madam, Merced and Maripoaa; tre Central California Emer Services (EMS) Agency; and, ex post facto, cath the North Central Fire Protection District (collas) as the California Statewide InterepereNlity FxeCUtive Commitee (CaiSIEC) CBnbel Planning subject to approval as to form by Ne City Atomeye Office. These agmemerte will allow tie Department (Department) to ad as the pass-through agency for FY 2007 Public Set* CommuncII (PSIC) grant funding ($5.4 million federal funding available for this project). EXECUTIVE SUMMARY Mil In 2007 CCUWI authorized Ne Department to apply for funding gvough the U.S. DePartmant of Commerce and U.S. Department of Homeland Security under Ne FY 2007 Public Safety b eeropereble Communications (PSIC) grant program. The DePAM ent was subsequently awartled appreximetety $5,4 million in grant funding W support devebpmant anNor enhancernens to Intemperabla communications among 0rd meadow agencies (Law/Fim/EMS) throughout the seven -county Central Planning Area (CPA). The DePar mand has maintained mango ment and adminadrohns responsidlity for this grant and has worked closely with Orlidpafirg agendas to determine critical needs and an equitable dietrbbution of grant funds, An sonsda ro CommMee represenaatve of all seven counties, the EMS Agency and the NOM Central Fire Protection Dletrid wailed for more than a year on this program, and recently voted to distribute Ponding as follows (rounded to th nearest dollar for purposes of this report)', Kam County - $335,809; Tulare County - $913,208; Kings County - $771,401; Fresno County - $481,674; Matters County - $33,834 Merced County - $254,568; Manposs County - $268,072; Conrad) California Ems Agenry- $446,402; North Central Fre Protection Marrs (aufl onex! by committee In 20091- $491,503. Report to City Council PSIC Grant Program September 18, 2010 PSIC grant funds have been spit into Me distinct portions. The first Portion, $1,833,662, has been for Wojects within the City and County a Fresno to enhance interoperable communications Pnq* funded through Me 2004 Urban Areas Security Initiative (UASI) gran. This funding has directly b City through the enhancement of existing interoperatoliry connections cath Ethernet connectivity. M (aWrowmately $310.WD), planning and administrative wets (aWm)dmetely $58,000) grq turning h Police and Information Serviws Depadment Personnel (approdmstety $15,000). Decision-making and rening to the funding of projects Within the Fresno Urban Area is tie functdn of the Fresno Urban Area Work Grow{ (FUAWG), which is cement, nd by elected mom bers of the first responder disciplines in Fresno CouM (munidpal law enforcement, county my eMorcemen, munidpal fire, county fire, and heath/EMS). Ths FUAWG mash to dieaee funding of new and existing projects, and makes recommendations to the designated Points of Contact (MX's) for final spending authority. The UASI PCC's are Fresno PWiw Chief Jany Dyer and Fresno County Sheriff Margaret Mims. The second portion, $3,597,781 30, has been designated for the seven counties (Fresno, Mariposa, Merced, Menders, Kings, Tulare and KOM), Me District and the Combat California EMS Agency, and will enhance IMeropereMe communications throughout Me CW81EC Central Planning Area. In davWoping projeds for funding, the Central Planning Area must consider the needs a local units of government and their needs far tactical irrteroporebk+ communication. The Central Planning Area must coordinate within Mie seven counties to utilizer these funds in a manner Nat will benefit the Planning Area as a whole. An Executive Committee forge Central Planning Ares which h comprised W members Imes gowinmen agencies in all seven counties, tie and! District eMe EMS Agency, fadlihhe Me direction her regional intempembility throughout the regdn. Unlike the Fresno Urban Area Work Group, Me Central Planning Area Exacum" Commitee members make their final spending decisions by unanimous vote. FISCAL IMPACT There Is no fiscal Impact. The position directly Involvend in this funding Paas -through process Management Analyst II) is funded from the PSIC grant and does rM impact the City or Police Depar )eneral funds. JPDAVOMCt.Igi warns Agreement - FPD 3.0 Standardized 0 In addition to the funding amounts noted above, the Fresno Urban Area (defined as the County of Proem with tls City of Fresno as the core ent Agency area) vies sabMied $1,833,652 in direct PSIC funding from tis his turn' Emergency eC4 Management Agency to 6uPPod and enhance current Interoperability systema. From turning, City of Fresno reconed appmwmately $884,000 to auPpod or enhance Interoparebk INcommunications behveen the Police Department and surrounding agenci s vrilhln the County. M addfilalal Ing rantSlCfuun Ithm�h �ty ma available to hire a full time Manage mem Analyst II to manage projects ug ca period of this rant, raking the amount a PSIC hmrs , rwaNnd directlyttothe GNtohout Me g With each pedidpatnt IN County, North Central Fire Protection District and Meet that apeucally idan8fies the cola and resporsibillties of each City Attorney's Office, developParty. The Police yifoed a standardized agrame s that can be sed to Camla EMS Agency. The language o/ each agreemeM Gill he identical, Yhh the Parthaj a ding county or agency, specific dollar amount, and Particulars of me each county or agency. The searsk agreement with North Central Fire Piofegi except mat the Dkidct is alae required to Provide a matchirg cash amount of $ this amount in their budget. In order to expedite the procoremsM, installation and taring of equipment purohasad by each aM county, Disbict and agency, and to asure that the gook and objectives o/ Purchased his grant can be met "aboard milestones date of January 1, 2011, me Police Dapedmsnt Is requesting Council authority to or a�rehe agreement trkCsock PadiaPaOng county, District and agency. In a form approved by the City Ary Hcthct on prolact necesatami atlddional timB ant the Dspmbmmh prccaeded to corNad v August 3, The and k Prspadrg to renew to extend the time for comPlaon of the District bided by the Gram. The I]eperbnant. for this beea,. same o ellie sionastirg Council authorise the Chief, ex pa eller Into such contract aro renew cath an ext'sregof time for completion. In 2004 the National Commission on Tenmat Attacks Upon the United States (W11 Commission) published their final spat, outlining issues that sgnifican0y catrtbuted to the Nation's vulnerabikdy. One of the critial Issue involved the ability for first resporxler agencies using disparate retlb Platfmma to communicate ailb each omar (topical IMemperable communications). The DePaNnent of Homeland Security has made interoperable communications a priority, focusing a great deal of federal grant funding in this area. In2W7 he ne US. Department of Commerce funded! the Pudic Safety Interoperable Communications (PSIC) rg arty ane Whicrl dollars available to enhance tactical intemposbie communications among fired responders nationwide. The Cpedment of Homeland Security Is the administeMg agerxy for this gran funding, and has made the funding available to all states and terMories. The funtling awarded to CalXomie k administered through the California Emergency Management Agency (CaIEMA). Execofive Under the Public Safety Interoperzble Communications greM program, only California Stalewitla Inteapereble Planning Area ai induces Maipo aPMenrced, Medem Areas BFresve inobTularele to aPKngly for antl Kana The Cae51ECC Fresno (Fresns Police Depadmend) was awaroed funding under Me' F i 200] PSIC grant, and serves as the City d management and adminishstive agency. The Department is pad a and worts SIC grant. a whh the Central Planning ble communicationana efio ive is throw throughout our ato make avanec Ming me ua of PSIC funds to support CISIEC Planning Area totaled $5,431,433 30. °untY region. The amount awarded to the Central