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COST REIMBURSEMENT AGREEMENT
BETWEEN CITY OF FRESNO AND NORTH CENTRAL FIRE PROTECTION DISTRICT
o (PUBLIC SAFETY INTEROPERABLE COMMUNICATION GRANT)
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This Agreement ("Agreement") is made and entered into this /! " day of September, 2010, by
and between the City of Fresno, a California municipal corporation ("City'), and the North
Central Fire Protection District, a California fire protection district, organized and operated
pursuant to the Fire Protection District Law of 1987, Health and Safety Code, Sections 13800 et
seq. ("Agency").
RECITALS
A. City 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 desired to undertake a project for the enhancement of communications
capabilities for the west side of Fresno County ("Project"), to be funded in part from the Grant
funds up to a total of $491,503.20 and a matching cash amount of $115,750.80 by the Agency.
D. The Agency's Board approved and executed an agreement with the City, dated
August 3, 2009, for the Project which was signed by the City's Chief of Police and then expired
on June 30, 2010 before obtaining authority from the City Council to enter into such agreement
(the "Contract").
E. The Agency proceeded with work on the Project, but have not yet invoiced the City or
been reimbursed from Grant funds.
F. Provided that the City Council authorizes, ex post facto, the Chief of Police to enter into
the Contract, the parties desire to renew the Contract for the sole purpose of completing the
Project with the original Grant funds and matching cash amount from the Agency allocated to
the Project 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. All terms and conditions of the Contract and all referenced exhibits therein are
hereby incorporated by reference herein, except for Subsection 3(a) of the Contract, as if fully
set forth herein.
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Section 2. This Agreement shall be effective from August 3, 2009 and shall continue in full
force and effect through June 30, 2011 unless extended by mutual written agreement of the
parties or earlier terminated in accordance with this Agreement.
Section 3. This Agreement hereby supersedes the Contract in its entirety.
Section 4. Notwithstanding Section 2 above, the following is a condition precedent to the
effectiveness of this Agreement: City Council has authorized, ex post facto, the City's Chief of
Police to enter into the Contract. This condition must be satisfied by September 30, 2010 or this
Agreement will be void and of no effect.
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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
Jerr . Dyer, ie o olice
esno Police Department
ATTEST:
REBECCA E. KLISCH
City Clerk
By: (1c�ri-vc,,�t 9/ Z Z/i o
Deputy
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: �� v
Nanc A. Algier Date
Senior Deputy "
Addresses:
City:
City of Fresno
Attention: Courtney Espinoza, M.A.
2326 Fresno Street
Fresno, CA 93721
Phone: (559) 621-2495
FAX: (559) 457-1541
Attachment:
Exhibit A -- Project Description
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North Central Fire Protection District,
a California fire prote n dis ct
By: :21
Dennis Yates, NCFPD Chair Person
By: r
Rusty No ini, Board Secretary
APPROVED AS TO LEGAL FORM:
McCormic , Kabot, Jenner & Lew
Agency L al Couns
By:
Naincy J nner, Attorney for North
Central Protection District
REVIEWED & RECOMMENDED FOR
APPROVAL:
By:
Randf R. Bruegman Kire Chief
North Central Fire Protection District
Agency:
North Central Fire Protection District
Attention: Joe Barcelos, M.A.
15850 W. Kearney Blvd.
Kerman, CA 93630
Phone: (559) 621-4180
FAX: (559) 498-4323
Exhibit A
Cost Reimbursement Agreement
Between City of Fresno and North Central Fire Protection District
(PSIC Program)
Project Description
This project provides the microwave and two way radio infrastructures to enhance the North
Central Fire Protection District two way radio coverage in the Biola, Kerman, and Tranquility
areas. Microwave communications infrastructure and radio receivers for a total of seven fire
service radio channels serving North Central and allied fire agencies will be installed in Biola,
Kerman, and Tranquility. A 150 foot tower and radio transmitter will be installed in Biola. The
microwave communications infrastructure is capable of expansion to carry data to the North
Central Fire Stations and radio receivers for allied agencies. This project is the first phase of a
loop that will extend to southeast Fresno for additional coverage and reliability.
City of
IIIC"iIISIICIIl�+II►��� I /�
■"'�`1��:�'�i► REPORT TO THE CITY COUNCIL
September 16, 2010
FROM: JERRY P. DYER, Chief of Police
Police Department
BY: SHARON SHAFFER, Deputy Chief
Support Division Commander
AGENDA ITEM NO. E M
COUNCIL MEETING 09/16/10
APPROVED BY
DEPARTMENT DIRECTOR
CITY M12A4L6��
SUBJECT: AUTHORIZE THE CHIEF OF POLICE TO ENTER INTO AGREEMENTS AND ANY
EXTENSIONS WITH THE COUNTIES OF KERN, TULARE, KINGS, MADERA, MERCED AND
MARIPOSA; THE CENTRAL CALIFORNIA EMERGENCY MEDICAL SERVICES (EMS)
AGENCY; AND, EX POST FACTO, WITH THE NORTH CENTRAL FIRE PROTECTION
DISTRICT, AND TO ACT AS THE FUNDING PASS-THROUGH AGENCY FOR THE FISCAL
YEAR 2007 CYCLE PUBLIC SAFETY INTEROPERABLE COMMUNICATION (PSIC) GRANT
PROGRAM ($5.4 MILLION), SUB -GRANTED FROM THE STATE OF CALIFORNIA
EMERGENCY MANAGEMENT AGENCY AND ADMINISTERED BY THE U.S. DEPARTMENT
OF HOMELAND SECURITY
RECOMMENDATIONS
It is recommended that Council authorize the Chief of Police to enter into agreements and any extensions with
the counties of Kern, Tulare, Kings, Madera, Merced and Mariposa; the Central California Emergency Medical
Services (EMS) Agency; and, ex post facto, with the North Central Fire Protection District (collectively identified
as the California Statewide Interoperability Executive Committee (CaISIEC) Central Planning Area (CPA),
subject to approval as to form by the City Attorney's Office. These agreements will allow the Fresno Police
Department (Department) to act as the pass-through agency for FY 2007 Public Safety Interoperable
Communications (PSIC) grant funding ($5.4 million federal funding available for this project).
EXECUTIVE SUMMARY
In 2007 Council authorized the Department to apply for funding through the U.S. Department of Commerce
and U.S. Department of Homeland Security under the FY 2007 Public Safety Interoperable Communications
(PSIC) grant program. The Department was subsequently awarded approximately $5.4 million in grant funding
to support development and/or enhancements to interoperable communications among first responder
agencies (Law/Fire/EMS) throughout the seven -county Central Planning Area (CPA). The Department has
maintained management and administrative responsibility for this grant, and has worked closely with
participating agencies to determine critical needs and an equitable distribution of grant funds. An executive
;ommittee representative of all seven counties, the EMS Agency and the North Central Fire Protection District
nrorked for more than a year on this program, and recently voted to distribute funding as follows (rounded to
:he nearest dollar for purposes of this report):
Cern County - $335,809; Tulare County - $913,208; Kings County - $771,401; Fresno County - $481,674;
Madera County - $33,834; Merced County - $254,568; Mariposa County - $268,072; Central California EMS
\gency - $446,402; North Central Fire Protection District (authorized by committee in 2009) - $491,503.
Presented to City Council
Date 9 / / O
Disposition_
Report to City Council
PSIC Grant Program
September 16, 2010
Page 2
In addition to the funding amounts noted above, the Fresno Urban Area (defined as the County of Fresno witt
the City of Fresno as the core metropolitan area) was awarded $1,833,652 in direct PSIC funding from the
California Emergency Management Agency to support and enhance current interoperability systems. Frorr
this funding, the City of Fresno received approximately $884,000 to support or enhance interoperable
communications between the Police Department and surrounding agencies within the County. An additiona
$107,000 in PSIC funding was recently made available to hire a full time Management Analyst II to manage
ongoing grant projects throughout the performance period of this grant, raising the amount of PSIC funding
awarded directly to the City to $991,000.
In order to act as the pass-through agency for this grant funding, the Department must enter into an agreement
with each participating county, North Central Fire Protection District and the Central California EMS Agency
that specifically identifies the roles and responsibilities of each party. The Police Department, working with the
City Attorney's Office, developed a standardized agreement that can be used for each county and the Central
California EMS Agency. The language of each agreement will be identical, with the exception of the name of
the participating county or agency, specific dollar amount, and particulars of the project(s) being funded within
each county or agency. The separate agreement with North Central Fire Protection District (District) is similar,
except that the District is also required to provide a matching cash amount of $115,750.80 and has allocated
this amount in their budget.
In order to expedite the procurement, installation and testing of equipment purchased by each participating
county, District and agency, and to ensure that the goals and objectives of this grant can be met by the
imposed milestone date of January 1, 2011, the Police Department is requesting Council authority to enter into
an agreement with each participating county, District and agency, in a form approved by the City Attorney's
Office. The District's project necessitated additional time and the Department proceeded to contract with the
District on August 3, 2009, and is preparing to renew to extend the time for completion of the District project
funded by the Grant. The Department, for this reason, is requesting Council authorize the Chief, ex post facto,
to enter into such contract and renew same with an extension of time for completion.
BACKGROUND
In 2004 the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) published
their final report, outlining issues that significantly contributed to the Nation's vulnerability. One of the critical
issues involved the ability for first responder agencies using disparate radio platforms to communicate with
each other (tactical interoperable communications). The Department of Homeland Security has made
interoperable communications a priority, focusing a great deal of federal grant funding in this area.
In 2007 the U.S. Department of Commerce funded the Public Safety Interoperable Communications (PSIC)
grant, making nearly one billion dollars available to enhance tactical interoperable communications among first
responders nationwide. The Department of Homeland Security is the administering agency for this grant'
funding, and has made the funding available to all states and territories. The funding awarded to California is
administered through the California Emergency Management Agency (CalEMA).
Under the Public Safety Interoperable Communications grant program, only California Statewide Interoperable
Executive Committee (CaISIEC) Planning Areas were eligible to apply for funding. The CaISIEC Central
Planning Area includes Mariposa, Merced, Madera, Fresno, Tulare, Kings and Kern Counties. The City of
Fresno (Fresno Police Department) was awarded funding under the FY 2007 PSIC grant, and serves as the
'nanagement and administrative agency. The Department is part of, and works cooperatively with, the Central
'fanning Area Executive Committee to make decisions regarding the use of PSIC funds to support
nteroperable communications efforts throughout our seven -county region. The amount awarded to the Central
�aISIEC Planning Area totaled $5,431,433.30.
VA
Report to City Council
PSIC Grant Program
September 16, 2010
Page 3
PSIC grant funds have been split into two distinct portions. The first portion, $1,833,652, has been designated
for projects within the City and County of Fresno to enhance interoperable communications projects originally
funded through the 2004 Urban Areas Security Initiative (UASI) grant. This funding has directly benefited the
City through the enhancement of existing interoperability connections with Ethernet connectivity, firewalls and
secure routers (approximately $460,000), additional technology improvements to the existing Mobile Command
Center (approximately $370,000), planning and administrative costs (approximately $58,000) and training for
Police and Information Services Department personnel (approximately $15,000). Decision-making regarding
the funding of projects within the Fresno Urban Area is the function of the Fresno Urban Area Work Group
(FUAWG), which is represented by elected members of the first responder disciplines in Fresno County
(municipal law enforcement, county law enforcement, municipal fire, county fire, and health/EMS). The
FUAWG meets to discuss funding of new and existing projects, and makes recommendations to the
designated Points of Contact (POC's) for final spending authority. The UASI POC's are Fresno Police Chief
Jerry Dyer and Fresno County Sheriff Margaret Mims.
The second portion, $3,597,781.30, has been designated for the seven counties (Fresno, Mariposa, Merced,
Madera, Kings, Tulare and Kern), the District and the Central California EMS Agency, and will enhance
interoperable communications throughout the CaISIEC Central Planning Area. In developing projects for
funding, the Central Planning Area must consider the needs of local units of government and their needs for
tactical interoperable communications. The Central Planning Area must coordinate within the seven counties to
utilize these funds 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 the EMS Agency, facilitates the direction for regional interoperability throughout the region. Unlike
the Fresno Urban Area Work Group, the Central Planning Area Executive Committee members make their final
spending decisions by unanimous vote.
FISCAL IMPACT
There is no fiscal impact. The position directly involved in this funding pass-through process (one
Management Analyst II) is funded from the PSIC grant and does not impact the City or Police Department
general funds.
JPD:RWGCLE:vrg
09/07/10
Attachment: Agreement - FPD 3.0 Standardized