HomeMy WebLinkAboutAgenda - 03-02-2006-5fORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 2, 2006
Action Agenda //,�
Item No. .5-7
SUBJECT: Accept COPS Interoperable Communications Technology Grant Program
Award
DEPARTMENT: Emergency Management PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): INFORMATION CONTACT:
Grant Notification .lack Ball, 919 -968 -2050
Grant Award List
Grant Contract with City of Durham
(under separate cover)
PURPOSE: To accept a regional grant award in the amount of $1,014,870 from the United
States Department of Justice, and to commit matching funds in the amount of $338,290 for the
purchase interoperable communications console equipment for the 9 -1 -1 Center and for
portable 800 MHz radios.
BACKGROUND: The United States Department of .Justice COPS office received up to $90
million during FY2005 to award technology grants to enhance interoperable communications
throughout the United States. This highly competitive grant program was offered to specific
Metropolitan Statistical Areas by invitation only.
In July 2005, the City of Durham was invited by the Department of Justice to submit an
application on behalf of the Durham Metropolitan Statistical Area (MSA), which includes the
counties of Durham, Orange, Person, and Chatham. The application was due July 15, 2005.
Person and Chatham counties chose not to participate in the application, Orange County joined
the Durham application and the Board of Commissioners ratified the County's portion of the
joint application on August 16, 2005, where it agreed to provide the 25% matching funds for the
project.
Orange County and the City of Durham were notified that they received this very competitive
grant award on September 16, 2005, as one of only twenty -six awardees out of 138 potential
applicants nationally, including Greensboro and Raleigh. The grant project partnership between
Orange County and the City of Durham is for 800 MHz compatible radio equipment to further
the interoperability between the two jurisdictions. The total project submitted to the Department
of Justice was $3,998,320. Orange County's share of the project budget equaled $1,353,160,
which will purchase (7) seven interoperable radio consoles for the 9 -1 -1 Center, and (30) thirty
portable radios for emergency responders. The grant requires a match of 25 %, resulting in a
grant breakdown for Orange County to equal $1,014,870 in federal grant funds, and $ 338,290
in matching local funds. The City of Durham will administer the grant on behalf of both Orange
and Durham.
2
Emergency Management staff has characterized the existing 9 -1 -1 consoles as antiquated and
in failing condition. The consoles were installed in 1993 with an expected life span of 10 years.
New parts are no longer manufactured for the consoles and repairs must be made using
second -hand parts. This grant offers a two -fold opportunity - to replace antiquated equipment,
and to procure the keystone equipment necessary to migrate onto the statewide partnership
800 MHz radio network.
The radio consoles will allow telecommunicators to interact with field responders such as
dispatching them to emergencies, and receiving information from the responders on their
situations and needs. It is especially important for responder safety to have reliable console
equipment so assistance can be provided to the responders in an emergency.
The portable radios requested in the grant will further allow the County's emergency response
agencies to move toward migration onto the statewide partnership 800 MHz radio system
(VIPER). As portable and mobile radios make up a substantial portion of the overall cost of
moving to the system, any grant funds that can be received toward the project will reduce the
burden upon local agencies. If this grant is accepted, staff hopes to have the equipment in
place by October 2006.
FINANCIAL IMPACT: There is a 25% cash match required for this grant amounting to
$338,290. The County does not have to have all funding available at the time of award receipt,
rather the money must be available at the time reimbursement is requested, as the county will
be reimbursed 75% of the amount of its submitted invoices. Staff proposes that the County's
match come from the fund balance and on -going revenue received in the Emergency
Telephone System Fund from the 50 -cent per month telephone subscriber surcharge imposed
by Orange County.
An additional $210,996 in grant funding is being applied to this project from earmarked federal
funding and competitive grants, previously awarded and accepted by the Board last year.
RECOMMENDATION(S): The Manager recommends that the Board:
• Accept the grant award;
• Approve the Contract with the City of Durham, pending final review by staff and the
County Attorney, and authorize the Manager to sign it;
• Authorize staff to designate the matching funds from the fund balance and the
Emergency Telephone System Fund
• Authorize the purchase of associated equipment from State Contract up to the amount of
the total project of $1,564,156 as allowed by the grant guidelines; and
• Authorize staff to administer paperwork and project reports as required by the grant
guidelines.
U. S. Department of Justice
t Community Oriented Policing Services
o Q o
Grants Administration Division (GAD)
COPS Interoperable Communications Technology Grant Award
IInU NW
W.MnVmn Dr 20530
Memorandum
To: Steve W Chalmers, Chief
Durham Police Department
From: Robert A Phillips, Deputy Director of Operations, Grants Administration
lhn Griffin, Grant Program Specialist, Grants Administration
Bobbie Butler, Stab Accountant, Finance Division I�A f & u�
Re: COPS Interoperable Communications Technology Grant Award Financial Clearance Memo
A financial analysis of budgeted costs has been completed Costs under this award appear reasonable, allowable, and
consistent with existing guidelines Exceptions /Adjustments are noted below
lendor #: 566000233
ORI #: NCO3201 Grant #: 2005INWX0011
Budget C tegory
Proposed Budget
Approved Budget
Adjustments Disallowed /Adjusted- Reasons /Comments
TmveliTraining
$4,800.00
$4,80000
$000
Equipment
$3,723,520 00
$3,723,520 00
$000
Other
$270,000.00
S270,00000
$000
Direct Costs:
$3,998,320.00
$3,998,320 00
$000
Grand Total $3,998,320X0 $3,998,320.00 $000
Grand Total: Federal Share: $ 2,998,740.00
Applicant Share: $ 999,580.00
Cleared Date: 8/262005
Overall Comments:
Prior to the obligation, expenditure m drawdown of grant funds fm non - competitive contracts in excess of $100,000, grantee must
submit a sole source justification to the COPS Office for review and approval
`t
Office of Community Oriented Policing Services
Interoperable Communications Grant Program
September 16, 2005
State Name Amount
AL
Mobile Police Department
$3,000,000
$3,000,000
AZ
City of Phoenix
$5,983,548
$5,983,548
CT
Bridgeport, City of
$6,000,000
$6,000,000
GA
Atlanta, City of
$6,000,000
City of Savannah
$3,000,000
$9,000,000
IA
Davenport, City of
$2,152,015
Des Moines, City of
$3,000,000
$5,152,015
ID
City of Pocatello
$1,900,610
$1,900,610
LA
Baton Rouge Police Department
$5,999,184
$5,999,184
MI
Lansing Police Department
$2,304,405
$2,304,405
MN
Hennepin County Sheriffs Department
$5,989,443
$5,989,443
NC
Durham Police Department
$2,998,740
$2,998,740
ND
Bismarck Police Department
$2,256,164
Grand Forks Police Department
$3,000,000
$5,256,164
1
5
State Name Amount
NM
2
Las Cruces Police Department
$981,360
$981,360
NY
New York City
$6,000,000
$6,000,000
OH
Cleveland, City of
$6,000,000
$6,000,000
OR
Eugene, City of
$3,000,000
$3,000,000
PR
Ponce, Municipality of
$231,674
$231,674
RI
Providence Police Department
$5,608,815
$5,608,815
TN
Memphis Police Department
$5,997,770
$5,997,770
TX
Austin Police Department
$6,000,000
$6,000,000
VA
City of Roanoke
$866,570
Lynchburg Police Department
$1,393,894
$2,260,464
WA
Spokane Police Department
$3,000,000
$3,000,000
WY
Cheyenne Police Department
$112,643
$112,643
Grand Total: 26
$92,776,835
2
»r
Contract for Use of The City of Durham 2005 COPS Intemperable Communications Technology Grant
between the City of Dwham and the Orange County, page]
CONTRACI FOR USE OF THE CITY OF DURHAM 2005 COPS INTEROPERABLE
CON MUNICATIONS TECHNOLOGY GRANT BY ORANGE COUNTY
This contract is made and entered into as of the 19th day of December, 2005 by the City of
Durham ( "City") and the Orange County ( "Sub- recipient ")
WHEREAS, the City has applied for and been awarded a grant from the U.S Department of Justice, Office
of Community Oriented Policing Services, CFDA number 16 710, Grant Number 2005INWXO0I1,
authorized under 42 U S C § 3 796dd
WHEREAS, the City wishes to engage the Sub - recipient to assist the City in utilizing such funds;
NOW, IHEREFORE, it is agreed between the parties hereto that
Sec 1 Background and Pumas e Ihis is a contract betweetj >tfie Su b�''�';iecipient and the City which
establishes the terms and conditions under which the Sub - recipient i4i11 expend'ia,gt funds provided to the
City of Durham by the U.S Department of Justice, Office of Co; imunity Oriented:`::, cing Services and
perform as indicated in Sec. 2.
Sec 2 Term Services and Scone to be Perforriied''PresF umotibn that Duty is Sub= {e686ient's
the term of this contract is from September 1, 2005 to eithet%Itiugpst 31;'2008 or until such:Ym as all grant
funds are expended
r;
The Sub - recipient shall perform, within the period of this contract:
I Scone of Service.
A Activities. The Sub - recipient snap use gFSnEi}trida ;to,Cdfiy out activities to establish a
modern radio,diSpatch console syskemvhich wiF}33:1dW patching between various
agencies vviffffiDidtige County anil tirith agencies: from neighboring counties who
respon&ib calls fdfiffiu ual at and to purchase portable radios allowing interoperab lity
on 800? systems jn the region
B Objective%03 vposes -% pa Sub recipient at es that the activities carried out with funds
provided unftr'rhis'e$iitiac #;w jiz4ecfbne or more of objectives /purposes in accordance
g rfk 42 TJ, S,C § 3796dd (Attaclia eat CJ
< ''C Perfor ranee Moaf g. The City will monitor the performance of the Sub - recipient
against project,goals a ... R, ormance standards as specified in City's Application for
Federal Assisfugce (Attachment A)_
13; Special Conditions. The Sub - recipient will comply with any Special Conditions imposed
by the awarding 8gency as conditions to the award, per Attachment B
E "Non.discriminat on The Sub - recipient agrees to comply with all Federal civil rights
laws,}ncluduig but not limited to the requirements pertaining to and submitting an EEOP,
repoftiii Findings of Discrimination, and providing language services to I.EP persons
F- Supplanting- the Sub- recipient certifies that Federal funds will be used to supplement
existing funds for program activities and not to replace thofV funds that have been
appropriated for the same purpose Potential supplanting -ban be the subject of monitoring
and audits Violations can result in a range of penalties and civil and/or criminal
penalties.
G Travel the Sub - recipient shall obtain prior written approval from the City for any travel
outside Durham County with funds provided under this contract
II Equipment All equipment purchased with funds under this contract shall be clearly
identified, with records maintained according to Federal property and retention rules, as
specified in the eutient OJP Financial Guide..
I Progress Reports the Sub recipient shall submit quarterly Progress Reports to the City
that describes project activities during the reporting period and any additional information
requested, as reasonable, by the City
I
Contract for Use of The City of Durham 2005 COPS Intetoperable Communications Technology Grant
between the City of Durham and the Orange County, page2
II. Administrative Requirements
A Financial Management
I - Accounting Standards: The Sub - Recipient agrees to comply with OMB Circular A-
102, "Uniform Administrative Requirements for Grants and Cooperative Agreements
With State and Local Governments" and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
1 Cost Principles: The Sub - recipient shall administer its program in conformance with
OMB Chcular A -87, "Cost Principles for State, Local and Indian Tribal
Governments." These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
3 Audit the Sub - recipient hereby agrees to have an ariuual agehcy audit conducted in
accordance with OMB Circular A -133
B Documentation and Record Keeping-
1 Records to be Maintained The Sub- recipicnf'shall mainta'ialall records required by
the Federal regulations specified that arepe'i:ftinciit to the adtiVities to be funded under
this contract. Such records shall include, but not be limited
a Records providing a full description of each, undertt.
.,
b Records demonstrating that 'eacit activity u f.th
ndertaken meets one:' Objectives
of the awarding agency; as specihe&above fsSee 2 -I(B);
c. Records required to determine the eligiliility of activities and participants;
d Financial records ;as required by OM Circulars A -102 or 2CFR. Part 215, as
applicable;
e. Other records necessa. ytq : ;docurrent compliance ;}with Federal Cost Principles.
2 Retention. The Sub- recipf'eztt s. 'a$7eiah all recordsipe'rtinent to expenditure
incurred under this contract`for a per'i6d%ef :three (3}'yeazs after the termination of all
activities.finded under this coutracC Records for non - expendable property acquired
with.fh. nd `ifiider, this contract shall be retained for three (3) years after final
disposition ofsi 61r property. Notwithstanding the above, if there is litigation, claims,
:audits negotiatrgi s or other actions that involve any of the records cited and that
have'sf d befo ache expiration tithe three -year period, then such records must be
retained " iii ?;tiL;ebtnptepop;q£Yjre.ac6ons and resolution of all issues, or the expiration
thre eyarperiod,wficbe'ver occurs later
3 CieuEData Clie Sub - recipient shall maintain client data demonstrating client
eligibilf ..for seiv'%ces ;provided. Such data shall include, but not be limited to: client
name, ad{iress, incc" level or other basis for determining eligibility, and description
of servic:6 a; ided( Such information shall be made available to the funding agency,
the City, rfi;.'(3esignees for review upon request
` K isclosures' The Sub - recipient understands that client information collected under
`:.;this contract is private and the use or disclosure of such information, when not
dfectly connected with the administration of the City's or Sub- recipicnt's
responsibilities with respect to services provided under this contract, is prohibited by
the Privacy Act unless written consent is obtained from such person receiving service
and, in the case of a minor, that of a responsible parent/guardian
5. Close -Outs The Sub - recipient's obligation to the City shall not end until all close-
out requirements are completed. Activities during this close -out period shall include,
but are not limited to: making final payments, disposing of program assets (including
the return of all unused materials, equipment, unspent cash advances, program
income balances, and accounts receivable to the City), and determining the
custodianship of records
..
6. Audits & Inspections All Sub - recipient records with respect to any matters covered
by this Agreement shall be made available to the City, grantor agency, their designees
or the Federal Government, at any time during normal business hours, as often as the
City or grantor agency deems necessary, to audit, examine, and make excerpts of
I
Contract for Use of The City of Durham 2005 COPS Interoperable Conununications Technology Grant
between the City of Durham and the Orange County, page3
transcripts of all relevant data. Any deficiencies noted in audit reports must be fully
cleared by the Sub - recipient within 30 days after receipt by the Sub - recipient.
In this contract, "Work" means the services that the Sub - recipient is required to perform pursuant to this
contract and all of the Sub - recipient's duties to the City that arise out of this contract. Unless the context
requires otherwise, if this contract states that a task is to be performed or that a duty is owed, it shall be
presumed that the task or duty is the obligation of the Sub - recipient
Sec 3.. Complete Work without Extra Cost. Except to the extent otherwise specifically stated in
this contract, the Sub- recipient shall obtain and provide, without additional cost to the City, all labor,
materials, equipment, transportation, facilities, services, permits, and licenses necessary to perform the
Work? <i2..
Sec. 4.. Sub - recipient's Billings to City. Compensation
I Budget. The total budget in this section was determined jrt`i}i;Gity's Application for Federal
Assistance the portion of federal funds to be passed , i;0ug]iiiYiSub - recipient was approved
as specified in the application the Sub - recipient v ill provide a 2Spaocal match to receive
funds under the federal allocation. The City shall;pay to fhe Sub- recipient, im amount up to,
but not to exceed $1,014,870 for refmbursements'of expenditures in accordance with the
budget approved in the City's Application fpj federal Assistance the SdErXcipiept will
provide matching funds in an amount up �to:'fi. 8,290, which represents 25 %•d);'KdfaI project
cost indicated in the budget below
Equipment $1,350,
Travel _ 2
Total Budget
the City shall not be obligated to pay the: $ub- recipieiiE {any pu'pients, fees, expenses, or
compensation other thnn,those authorized by thissectioa
0
The Sub -iM f ii ent shall sad invoices to tlie;City on a quarterly basis for the amounts to be
paid pursuant'ia[tjkis couttaet„ Each invoice iall document, to the reasonable satisfaction of
the Cit y,. such nfoiztmtXon'aSEiz abg;reasonably requested by the City Invoices should reflect
l tiditt:mtegories aUoYe,.. Copies of iR6pts and ledger pages should be included with the
invoice Tfi*&'. i y will` eimburse the Sub - recipient quarterly, subject to timely submissions by
the Sub- recipfi.."'_ the Chit .`i 11;;necessary reports and statements.. Within thirty days of receipt
by the City receivezan invoice-, "the City shall send the Sub - recipient a check in payment for
albundisnuted amoiihis contained in the invoice
Sec 5. Peffdrinance of Work by City. If the Sub - recipient fails to perform the Work in
accordance with the sciieilple�referred to in Section 2 above, the City may, in its discretion, in order to bring
the project closer to the i. S.Qule, perform or cause to be performed some or all of the Work, and doing so
shall not waive any of tlfe City's tights and remedies. Before doing so, the City shall give the Sub - recipient
notice of its intention The Sub - recipient shall reimburse the City for additional costs incurred by the City
in exercising its right to perform or cause to be performed some or all of the Work pursuant to this section
Sec 6. Attachments the following attachments are made a part of this contract:
Attachment A: Excerpt from 2005 COPS Interoperable Communications Technology Grant
Program Application for Federal Assistance, containing 10 pages.
Attachment B: COPS Interoperable Communications Technology Grant Award, containing 1
page
Attachment C: Conditions of COPS Interoperable Communications Iechnology Grant Award
�j
Contract for Use of The City of Durham 2005 COPS Interoperable Communications Technology Grant
between the City of Durham and tire Orange County, page4
containing 1 page
Attachment D: 42 U S C § 3796dd, containing 5 pages
Attachment E: Request for Reimbursement Form, containing I page
In case of conflict between an attachment and the text of this contract excluding the attachment, the text of
this contract shall control.
Sec 7 Notice (a) All notices and other communications required or permitted by this contract
shall be in writing and shall be given either by personal delivery, fax, or certified United States mail, return
receipt requested, addressed as follows:
To the City: '`' "•.
Jesse Burwell
City of Durham
Police Department _
505 W Chapel Hill Street
Durham, NC 27701
the fax number is (919) 560 -4899
I the Sub - recipient:
Kenneth T Chavious
Orange County
Finance Department
208 S Cameron Street
Hillsborough, NC 27278
the fax number is (919) 644 -3324
(b) Change of Address:-' %ti'a'f Notice Deem&l.'Given. A change of address, fax number, or person
to receive notice may be,.r9de by eiQ' patty by notice,given to the other party. Any notice or other
communication under tfiiscogtract sba)I be deemed giveu.at, the time of actual delivery, if it is personally
delivered or sent by fax. Ifffr& tpotice;pX;okher communication is sent by United States mail, it sball be
deemed given upon . the thud calepdar'day %kCowipgabe day on which such notice or other communication
Statelgis deposited al Service or. neon actual delivery, whichever first occurs
Sec. 8 Indemn_ if Rc ibn. (a) T6;the;.maximum extent allowed by law, the Sub - recipient shall
defedd,''iridemrii r and save ba miess Indeiiiiiitees from and against all Charges that arise in any manner
from, in coiii�egtion with, or o4t.' :;this contract as a result of acts or omissions of the Sub-recipient or
an du'ectlKp;auduectly emj}jpyed by any of them or anyone for whose acts any of them may be liable.
In perforating its'8ftties under thisisubsection "a," the Sub - recipient shall at its sole expense defend
Inderamtees with IegaF;counsel;[easonably acceptable to City. (b) Defuritions. As used in subsections "a"
above and "c" below ". Carges" means claims, judgments, costs, damages, losses, demands, liabilities,
duties, obligat ons, fines,'.penalties, royalt es, settlements, and expenses ( ncluded without l mitation within
"Charges" are (1) interest and reasonable attorneys' fees assessed as part of any such item "Indemnitees"
means City and its officers, officials, independent Sub - recipients, agents, and employees, excluding the
Sub - recipient (c) Other Provisions Separate Nothing in this section shall affect any warranties in favor of
the City that are otherwise provided in or arise out of this contract This section is in addition to and sball
be construed separately from any other indemnification provisions that may be in this contract (d)
Survival This section shall remain in force despite tenunation of this contract (whether by expiration of
the term or otherwise) and termination of the services of the Sub recipient under this contract
See 9 Miscellaneous
(a) Choice of Law and Forum This contract shall be deemed made in Durham County, North
Carolina This contract shall be governed by and construed in accordance with the law of North Carolina
the exclusive fotum and venue for all actions arising out of this contract shall be the North Carolina
)0
Contract for Use of The City of Durham 2005 COPS Interoperable Communications Technology Grant
between the City of Durham and the Orange County, pages
General Court of Justice, in Durham County Such actions shall neither be commenced in nor removed to
federal court. Ihis subsection (a) shall not apply to subsequent actions to enforce a judgment entered in
actions heard pursuant to this section
(b) Waiver No action or failure to act by the City shall constitute a waiver of any of its rights or
remedies that arise out of this contract, nor shall such action or failure to act constitute approval of or
acquiescence in a breach thereunder, except as may be specifically agreed in writing
(c) Performance of Government Functions. Nothing contained in this contract shall be deemed or
construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory,
policing, legislative, governmental, or other powers or functions.
(d) Severability If any provision of this contract shall be unenforceable, the remainder of this
contract shall be enforceable to the extent permitted by law
(e) Assignment. Successors and Assigns. Without the City's writtembbitsent, the Sub - recipient
shall not assign (which includes to delegate) any of its rights (including the;right to payment) or duties that
arise out of this contract the City Manager may consent to an assignmgritFPithout action by the City
Council Unless the City otherwise agrees in writing, the Sub- recipie41iind`:, -X ssignees shall be subject to
all of the City's defenses and shall be liable for all of the Sub- recipientt a duties #fiat arise out of'titis contract
and all of the City's claims that arise out of this contract Withcjd :graating the Sub -4. ecipient the right to
assign, it is agreed that the duties of the Sub - recipient that arise out of this contract SiAl be binding upon it
and its heirs, personal representatives, successors, and assios.. "E ;2 .
(f) Compliance with Law. In performing all ditfie:;Work, the ?$ub - recipient shall cdjnply with all
applicable law
(g) City Policy, IHE CITY OPPOSES DISCRIMIN 1,1634 ON THE BASIS OF RACE AND
SEXANDURGESALLOF ITS SUB- RECIPIENISIOPROvib AFAiROPPORitiNIIYFOR.
MINORITIES AND WOMEN IO PARTICIPAT -RIN IHEIR WORK.-FORCE AND AS SUBSUB-
RECIPIENIS AND VENDORS UNDER CII�CQiJTRACIS..
(h) EEO Provisions During the perforniapcc Wtliis contract the Sit. cipient agrees as follows: (1)
The Sub - recipient shall not discriminate against any i mployee'oz appjiganj; f'o'r employment because of race,
color, religion, sex, national origin
,,golitical affiliatioii.,orliiief• age'ox;liandicap. the Sub - recipient shall take
affirmative action to insure that :appiicaats are cmployed. and that employees are treated equally during
employment, without regard, to race, color, religion, sex; national origin, political affiliation or belief, age, or
handicap. Such actionsli¢ll include buf riot be limited to the following: employment, upgrading, demotion,
transfer, recruitment or adveitising, laypf .m. termination, rates of pay or other forms of compensation, and
selection for training, .including apprentices p �..... b- ri:cipient stall post inconspicuous places, available
to employees and, apPIictixrts.for etnp.Iayment, no&g:s 9efdng forth these EEO provisions (2) the Sub - recipient
shall in all sbllcitations'''6i:advectisement for employees placed by or on behalf of the Sub - recipient, state that
all qualified applicants will rei �eive conside'rstion--for employment without regard to race, color, religion, sex,
national ozsgin, political affiliatioiior beliefage, or handicap. (3) the Sub - recipient shall send a copy of the
EEO provisi4b' to each labor unioq.or representative of workers with which it has a collective bargaining
agreement or otljet;.contract or undeFStanding (4) In the event of the Sub - recipient's noncompliance with these
EEO provisions,t &eGity may cancel, terminate, or suspend this contract, in whole or in part, and the City may
declare the Sub- recipievt:ineligi}jle for further City contracts. (5) Unless exempted by the City CouncIl of the
City of Dwhazrt, the Sub= e0ipfent shall include these EEO provisions in every purchase order for goods to be
used in performing this contiaet and in every subcontract related to this contract so that these EEO provisions
will be binding upon such subcontractors and vendors
(f) SDBE The Sub - recipient shall comply with all applicable provisions of Chapter 26 of the
Durham City Code (Equal Business Opportunities Ordinance), as amended from time to time the failure
of the Sub - recipient to comply with that chapter shall be a material breach of contract which may result in
the rescission or termination of this contract and/or other appropriate remedies in accordance with the
provisions of that chapter, this contract, and State law. The Participation Plan submitted in accordance with
that chapter is binding on the Sub - recipient Section 26 -10(f) of that chapter provides, in part, "If the City
Manager determines that the Sub - recipient has failed to comply with the provisions of the Contract, the City
Manager shall notify the Sub - recipient in writing of the deficiencies The Sub - recipient shall have 14 days,
or such time as specified in the Contract, to cue the deficiencies or establish that there are no deficiencies"
It is stipulated and agreed that those two quoted sentences apply only to the Sub - recipient's alleged
violations of its obligations under Chapter 26 and not to the Sub recipient's alleged violations of other
Contract, for Use of The City of Durham 2005 COPS Interoperable Communications Technology Grant
between the City of Durham and the Otange County, page6
obligations
(j) No Ihird Party Rights Created Ihis contract is intended for the benefit of the City and the
Sub - recipient and not any other person
(k) Principles of Interpretation and Definitions. In this contract, unless the context requires
otherwise: (1) The singular includes the plural and the plural the singular The pronouns "it" and "its"
include the masculine and feminine References to statutes or regulations include all statutory or regulatory
provisions consolidating, amending, or replacing the statute or regulation.. References to contracts and
agreements shall be deemed to include all amendments to them. The words "include," "including," etc.
mean include, including, etc without limitation (2) References to a `Section" or "section" shall mean a
section of this contract (3) "Contract' and "Agreement," whether in not capitalized, refer to this
instrument (4) Iitles of sections, paragraphs, and articles are for convenience only, and shall not be
construed to affect the meaning of this contract (5) "Duties" includes obligation::,, (6) The word "person"
includes natural persons, firms, companies, associations, partnerships, trusts; corporations, governmental
agencies and units, and other legal entities (7) the word "shall" is mandafory.., (8) the word "day" means
calendar day.
(1) Modifications. Entire Agreement A modification of thfs;conhacf'isTtot valid unless signed by
both parties and otherwise in accordance with requirements of Jxiw2 , ;Further, a modification is not
enforceable against the City unless the City Manager or a deputy or assistant City Manager sig=ns it for the
City Ihis contract contains the entire agreement between tfie parties pertaining to the sbbject matter of this
contact. With respect to that subject matter, th ere areuo'piomises, agreeements, conditions i.06cements,
warranties, or understandings, written or oral, expressed or iiiiglied, betty cxi the parties, ot}ICr than as set
forth or referenced in this contract
(m) Citv's Manager's Authority. Iothe extent, if any, theCiry.has the power to suspend or
terminate this contract or the Sub - recipient's 'services under this con that power may be exercised by
City Manager or a deputy or assistant City Managerwiit lout City Counc'il;action
Sec. 10. Termination for Convenience'6'"TI +C")S a: 11 rocedure ;i 4hout limiting any patty's right
x ::.,.
to terminate for breach, the City may, without cause, and iallts'dsbretion, terminate this contract for
convenience by giving the Sub - recipient writt en notice Shat refers'tot5s section TFC shall be effective at
the time indicated in the notice=':': bbliga6ons. Upori TFC, all obligations that are still executory on both
sides are discharged excet f.tbat any rrglit based on pnor breach or performance survives, and the
indemnification provisions, „'shall remairiiin force At the ' :(iate;of TFC or as soon afterwards as is practical,
Sub-
the Sub - recipient shall give Ott e_Eity a11;,.ork, including portly completed Work Incase of IFC, the Sub -
recipient shall follow the City' 5: jn' s§ uc' bons;asikc::W7?lch�siibconhacts to terminate.. (c) Payment .the City
shall pay the, Sub - ecapfen[ an eg ii#atile amount for the costs and charges that accrue because of the City's
decisions.wiih respect to: tl eisub con' aCts, but excluding profit fox the Sub- recipient Within 20 days after
TFC, fluiCity shall pay the 'S& recipients one hundred dollar IFC fee and pay the Sub - recipient fox all
Work "performed except to the {ojttent previriiisly paid fox Work shall be paid for in accordance with the
method (unit pnces, hourly fees etc) to be used for payment had the Work been completed except to the
extent it we d`b !equitable to';eiUxer party, and if Work was to be paid for on slump -sum basis, the City
shall pay the Parr
"d£The lump suzit;that reflects the percentage of completion attained for that Work The
Sub - recipient shall no be,enfltled to any pay r entbecause of IFC except as stated n this section whether
on the basis of overheail:_piofit, damages, other economic loss, or otherwise
IN WITNESS WIIEREOF, the City and the Sub - recipient have caused this contract to be executed under
seal themselves or by their respective duly authorized agents or officers
Ihis instrument has been preaudited in the manner required by the Local Government Budget and
Fiscal Control Act
City's finance officer Date
Contract for Use of The City of Durham 2005 COPS Inter operable Communications Technology Grant
benveen the City of Durham and the Orange County, page?
ATTEST:
D Ann Gray, City Clerk
CITY OF DURHAM
By: Date:
Patrick W Baker, City Manager
NORTH CAROLINA ACKNOWI
COUNIYofDURHAM
I, --- ,a Notary Public in
that _ personally apps
she is the City Clerk of the City of Durham, a municipal c,
the act of the City, the foregoing contract was signed in it
its corporate seal, and attested by its said City Clerk or De
20_.__
My commission expires:
C,SVCIIY OF DURHAM
fforesaid Coiipty and State, certify
me this day, and aclmowledged that
nd that by authoritgidply given and as
Moe by its City Manuges;'sealed with
9 This the day of
1'1�)
Contract for Use of The City of Durham 2005 COPS lnteroperable Communications Technology Grant
behveen the City of Durham and the Orange County, page8
ATTEST:
Clerk to the Board of Commissioners
COUNIY OF ORANGE
By: Date: _
[Type individual's name],
Chairman of the Board of Commissioners
NORTH CAROLINA ACKNOWLEDGMENI OF C;O.
COUNTY of
I, a Notary Public in and for the afnfsaid'( jnnry
day, and acknowledged that he or she is the Clerk to the Board,o .'l'.omiYilssioners.
a N C political subdivision, and that by authority duly giveai¢''iid as the act of the C
contract with the City of Durham was signed in its corponitG,name by:[he Chairman
with its corporate seal, and attested by its said Clerk . § the; —__ jd y of _
20 - --
My commission expires:
fY OF ORANGE
and State certify that
.ared before me this
rtbe County of Orange,
juhty,.the foregoing
of su d Board. sealed
)3
Attachment A
APPLICATION FOR
N
Version 9103
FEDERAL ASSISTANCE
2 DATE SUBMITTED —
07/1312005
Applicantldentlller
TYPE E OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier 0
,licallon ToConstruction Non- Construction n - Construction '
5. APPLICANT INFORMATION Organizational Unit:
' Legal Name: City of Durham
' Organizational DUNS: 07556fi695
Department: Durham Police Department
Division: Fiscal ServlceslGrants Mgmt
Address:
Name and telephone number of person to be contacted on matters Involving
Ihis application (give area code)
" Street /:^ 101 City Hall Plaza
Prefix: Mr. ' First Name: I B
Middle Name: Lamont
'last Name: Taylor
Suffix: �� • Email: lemon Aaylor@durhamnc,gov
• Phone Number (give area code) Fax Number (give area code)
Street2:
• City: Durham
• State: NC ' Zip Code: 27701
County Durham
_
� ' Country USA
_
6. 'EMPLOYER IDENTIFICATION NUMBER (SIN)
SS 6000225
919 -560 -4309
919- 560 -4971
8 TYPE OF APPLICATION:
Q New ❑ continuation Revision
It Revision enter appropriate lefter(s) in boxes)
A Incea,ia Award a Decreaaa Award C incense Duration
D Decrease Duration Omer (spec0y):
7 • TYPE OF APPLICANT: Local Government
9.' NAME OF FEDERAL AGENCY:
Community Oriented Policing Services
:ATAL.OG OF FEDERAL. DOMESTIC ASSISTANCE
11 • DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
TITLE:
Durham NC MSA interoperabiilly Expansion Project
12. *AREAS AFFECTED BY PROJECT (cues cwnuec sans smi
Durham and Orange Counties
13.. • PROPOSED PROJECT:
14. • CONGRESSIONAL DISTRICTS OF:
' Start Date
D9lOtl2005
•Ending Date
08131/2006
' a Applicant
b Project
4
�—
15.' ESTIMATED FUNDING:
16, IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
ORDER 12372 PROCESS?
e YES. THIS PREAPPUCATION/APPLICATION WAS MADE AVAILABLE TO
THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON:
Q YES DATE 07/10 /2005
b ❑ PROGRAM IS NOT COVERED BY ED 12372
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
*a Federal 5 2,998,740.00
• b Applicant S 999,580.00
•c State 5 0.00 _
• d. Local -..�. s 0.00
' e Other s 0.00
- (.. Program Income s E��p.00
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL. DEBT?
❑ Yes if 'Yes,' attach an explanation Q No
g TOTAL S
1F,t
18.. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPUCATION ARE TRUE AND CORRECT, THE DOCUMENT RAS BEEN DULY AUnICRI2ED BY THE
GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a Authorized Prefix Mr. 'First Name: Patrick Middle Name
�csontative
• last Name: Baker _ �Suffix: u
' o Title: City Manager • c Telephone Number (give area Cade): 919 - 560.4222
' Email: Detrick baker ®durhamne gov Pent Number (give area code): 919 - 5604949
tl Signature of Authorized Representative: Completed on submission to Grants Gov
a Date Signed: Completed on submission to Grants gov
Prevlaus Edition U.N.
Authorized for Local Repraductlon
Standard Form 424 (Rev x -n)
Praauihed by OMB firu,U, A•102
1s
City of Durham
Durham Police Department
Durham, NC MSA Inter operability Expansion Project
FY 2005 COPS Inter operable Communications Technology Program
Project Narrative
A. Problem Identification and Justification and Use of Federal Funds
The Durham, NC MSA consists of Durham, Person, Orange, and Chatham counties Ibis includes the
cities and towns of Roxboro, Hillsborough, Chapel Hill, Canboro, Durham, Pittsboro, and Siler City. The
population of the Durham MSA is 451,212 (U S Census 2004 estimate)
Public Safety communications in the Durham MSA is difficult due to the incompatibility of the radio
systems operated by the many agencies the incompatibility of radio systems within the Durham MSA
results in the inability of law enforcement officers to readily share pertinent information when they must
interface with officers from a different jurisdiction, such as during pursuits, missing persons, and potential
terrorism incidents
The proposed project will achieve interoperability by transiting the Durham County Sheriff's Department
and the Orange County Emergency Management/PSAP to 800 MIIz radio systems, resulting in a high
level of interoperability where little currently exists
Durham County
Durham County has excellent interoperability with agencies in the Raleigh MSA due to the
compatibility of 800 MHz trunked radio systems While most agencies in Durham County have
migrated to an 800 MHz trunked system installed in 1994 and extensively upgraded in 2005, the
Durham County Sherif'f's Department continues to operate on a conventional UHF system Ihis
creates interoperability issues and diminishes first responder effectiveness within Durham County,
Limited funding has prevented moving this large organization to 800 MHz. This grant will provide
interoperability that currently does not exist, between the Durham County Sheriffs Department and
other law enforcement, fie and EMS agencies in the Durham MSA, adjacent MSAs and statewide
Orange County
Orange County Emergency Management is the primary Public Safety Answering Point (PSAP) and
dispatch center for the County serving a growing population of 118,227 (2000 U S Census) The
County PSAP dispatches for the municipalities of Hillsborough, Chapel Hill, and Canboro, providing
citizens contact with the following services: eleven the departments, four law enforcement agencies,
emergency medical services, and animal control. the PSAP also dispatches for emergency medical
services and fire services to the University of North Carolina at Chapel Hill and the University of
North Carolina at Chapel Hill Hospital The need for interoperable communications is extremely high
for this area due to the diverse responsibilities of the PSAP and the nature of the community Also,
the University of North Carolina at Chapel Hill contains at least one homeland security sensitive
target that falls within the Buffer Zone Protection Program An attack on this target would create a
huge need for communications interoperability due to the potentially lame human casualty impact if
such an attack were ever realized.
The current Orange County radio system utilizes discrete VHF and TTHF frequencies, which limits
interoperability between public safety agencies To begin to remedy this interoperability problem, the
county has requested and received funding from the 2004 Law Enforcement Ierrorism Prevention
Iof9
Durham, NC MSA Interoperability Expansion Project
FY 2005 COPS Interopemble Communications Technology Program
Program to pay for two 800 MHz tower sites for the county on the State's Voice Interoperability Plan
for Emer gency Responders (VIPER) The VIPER, network is a statewide system that local 'emergency
response agencies may participate in which is based on an 800 MHz trunked radio system. Orange
County's current problem is that, while the PSAP has legal access to the system, the dispatch center
cannot presently dispatch on the 800 MHz band due to the existing consoles This is impeding efforts
to bring local law enforcement and emergency services agencies onto the 800 MHz VIPER platform
to allow them to communicate with one another Unless the dispatch center's equipment is upgraded,
emergency service units will not be able to be dispatched to 9 -1 -1 emergency calls on this system, nor
will the dispatch center be able to receive information from those emergency responders, such as in
cases of life - threatening situations
Law enforcement agencies of the County, towns of Hillsborough, Chapel Hill, and Carrboro, as well
as the University of North Carolina at Chapel Hill Police, and UNC Hospitals Police would directly
benefit from these grant funds to create an interopetable communications system in the county, as
well as all 11 fire departments in the county, Orange County Emergency Medical Services, Orange
County Emergency Management, Orange County Rescue Squad, South Orange EMS and Rescue, and
Orange County Public Health
The Public Safety agencies in the various communities making up the Research Triangle area who have
been users of 800 MHz (Wake and Durham Counties) have a coordinating organization known as
Triangle 800 MHz Emergency Network (TR8EN) Ihis organization was established in the mid 1990's
and coordinates interopetability between radio systems and PSAPs IR8EN establishes standard mutual
aid talkgroup assignments and operational procedures to insure interoperability More recently, Orange,
Person, and Chatham counties have become active in TR8EN This giant will enable the MSA agencies to
further the incorporation of the IR8EN interopetability to additional agencies not currently participating
The State of North Carolina is establishing a statewide voice radio network on 800 MHz known as the
Voice Interoperability Plan for Emergency Responders network (VIPER network) This giant will greatly
increase the ability of the participating counties to interoperate with state agencies via the VIPER
Network the events of recent years involving hurricanes and flooding in various areas of the state called
for a high level of mutual aid, often far from home radio systems The interopetability provided by the
VIPER, network has shown itself to be a valuable capability This giant will result in many vital public
safety resources having access to this interopet ability network.
B. Project Goals and Objectives
The goal of this cooperative grant is to improve interoperable communications on a macro level within
the Metropolitan Statistical Area by addressing local projects that have a wide impact on counties within
the MSA. the primary goal of this project is to provide a high level of radio interoperability to agencies
that currently lack such capability.
Orange County wishes to transition to 800 MHz The State of North Carolina 800 MHz statewide VIPER
radio network will aid in this effort. The county has begun to acquire radios for use at 800 MHz. These
will enable interopetability with the sever a] 800 MHz Public Safety systems already serving agencies in
adjacent counties, and with state law enforcement bodies. Impeding this transition, however, is that the
()range County Public Safety Answering Point (PSAP) utilizes console equipment that is over 10 years
old, and is obsolete Additionally, the age of the equipment precludes patching between the various radio
systems with 800 MHz. Funding is required to purchase new console equipment to reflect new
technology and allowing our system to connect on the 800 MHz band. Once the upgrades are complete,
the PSAP would be able to dispatch on 800 MHz,
2of9
Durham, NC MSA Interoperability Expansion Project
FY 2005 COPS Interoperable Communications Technology Program
l�
The current system is also not ANSUTLA/EIAA -102 Phase 1 (P25) compliant and is not compatible with
the state's VIPER. network Ihis drastically limits interoperability and would be a detriment in the event a
disaster occurred that necessitated the use of mutual aid agencies external to the county.
Person, Orange, and Chatham counties utilize various VHF and UHF frequencies within each county to
provide communications for their Public Safety agencies Additionally, due to the disparity of frequencies
amongst the counties, it will be extremely difficult to achieve interoperability beyond their counties the
counties have historically provided strong mutual aid support between them and recognize the need for
the interoperable communications equipment While Durham County and Orange County wish to
participate in this COPS grant, Person and Chatham counties have indicated an inability to participate.
Much discussion has taken place over recent years considering means of improving interoperability
within the MSA However, budgetary constraints have prevented much improvement, especially in the
more rural counties
the counties seek COPS funding to enable the purchase of equipment that will enhance the mutual aid
capabilities within and between the counties. the general scope of the improvements needed is as
follows:
Durham County: Provide 800 MHz mobile and portable radios for the Sheriff's Department to
allow inter operability with all other Public Safety agencies in Durham County and adjacent
counties Provide upgrade of existing consoles to provide for dispatching and interoperable
patching via direct interconnection to the Durham 800 MHz trunked radio system utilizing
microwave radio links for maximum reliability Iotal cost is $2,645,160
Orange County: Provide a modern radio dispatch console system consisting of seven console
dispatch positions which will allow patching between the various agencies within the county and
with units from neighboring counties who respond to calls for mutual aid, as well as provide
interoperability between the 9 -1 -1 Center and incoming units. Provide a number of portable radio
units, capable of operation on the various 800 NIHz systems in the area, for use by First
Responders. Total cost is $1,353,160
Chatham County: not participating
Person County: not participating
Although two of the counties axe unable to participate due to budget restraints, this grant will make it
possible for the participating counties to improve interoperability with them via console patching between
the incompatible systems.
Scope of work in this COPS Inter operability project:
1 Award of grant anticipated September, 2005
2. Procurement and purchasing process begins October 1, 2005
3 Equipment delivered by January 31, 2006
4. Installation of equipment completed by May 30, 2006
5. Training users on use of equipment begins June 1, 2006.
6 User training completed by July 30, 2006.
7 Review and evaluation of project conducted in August 2006
3 of 9
Durham, NC MSA Interoperability Expansion Project
FY 2005 COPS Interoperable Communications Technology Program
0
8 Project completed and reported by end of September 2006 .
the combination of this COPS funding, and the recent availability of the State of North Carolina 800
MHz network of local VIPER System radio sites in the various counties provides an ideal opportunity for
the public safety agencies serving the Durham, NC MSA to greatly improve the ability for first
responders to react to both everyday and large scale events Utilizing the technology provided by this
grant local agencies will also acquire the ability to interopmate with agencies of State Government, The
800 MHz radios will enable direct, real time communications between individuals of the various local and
state agencies In addition, the grant will provide for additional inter operability between otherwise
incompatible systems by way of console patching Ihis capability will be used to enhance interoperability
with those counties in the MSA who are not directly participating in the grant All radio equipment
proposed in this request is capable of operating in a P25 Common Air Interface (CAI) mode, insuring
interoperability and future use on P25 systems
Ihis console equipment would be based on an appropriate system ar'chitectur'e that would utilize the latest
communications technology and would be ANSI/TIA/EIAA -102 Phase I (P25) compliant and have the
capability of upgrades to incorporate future technologies, such as 700 Iv1Hz The system will have the
capability of being backwards compatible with legacy radio systems to allow robust inter perability with
all surroundingjurisdictions' radio systems within the Durham MSA. Each of these counties will have the
capability of interfacing with Durham and Orange County users through the patching feature present in
the new consoles
the project will include vendor provided "train the trainers" training on the use of all new equipment the
trained trainers will then conduct in -house training of the users to insure a smooth migration and effective
utilization of the new technology All training will be complete by the end of the one year project. Follow
up user review and refresher sessions will be conducted by the agencies in future years and funded within
the scope of normal operational budgeting
the City of Durham was invited to apply for the FY 2005 COPS Technology Program, We plan to use
the $197,329 from this program to enhance our use of mobile technology by expanding our mobile data
computer and eCitation programs Additionally, these funds will be used to purchase additional laptops
and VPN access to our systems in the field and DVD -based mobile video systems, Funding fiom the
COPS Interoperable Communications Technology Program and the 2005 COPS Technology Program
will support two completely independent projects
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Durham, NC MSA Interoperability Expansion Project
FY 2005 COPS Interoperable Communications Technology Program
l9
C. Implementation Plan
Cl. Budget Narrative
the following is a narrative description of the items included in the summary table below All purchasing
of mobile and portable radios is expected to r effect North Carolina state government contract pricing from
vendors Other items will be purchased using a competitive bid process
Equipment /T echnolo ev
245 Mobile Radios
Mobile radios will be purchased to be installed in law enforcement vehicles Mobile radios will have
ability to access all 800 MHz Public Safety radio systems in the area, including the statewide VIPER
radio system Mobile radios will be capable of operating in a P25 Common Au Interface (CAI) mode,
insuring interoperability and future use on P25 systems. The radios proposed will convert the entire fleet
of Durham County Sheriff to 800 MHz, Mobile radios including antennas and installation cost
approximately $3,800 each for a total of $931,000.
310 Portable Radios
Portable radios will be purchased for use by Sheriff s officers and personnel in Durham County, and first
responders in Orange County Portable radios will have ability to access all 800 MHz Public Safety radio
systems in the area, including the statewide VIPER radio system Portable radios will be capable of
operating in a P25 Common Air Interface (CAI) mode, insuring interoperability and frrture use on P25
systems The radios proposed will convert the entire fleet of Durham County Sheriff to 800 MHz
Portable radios including antennas, batteries and chargers cost approximately $4,192 each for a total of
$1,299,520.
6 Control Station Radios
Control station radios will be purchased and installed at fixed locations such as Sheriff Sub stations,
dispatch center, and back -up dispatch center to provide direct communications with personnel at those
locations and to serve as a back up to dispatch console equipment Control station radios will have ability
to access all 800 MIIz Public Safety radio systems in the area, including the statewide VIPER radio
system Control station radios will be capable of operating in a P25 Common Air Interface (CAI) mode,
insuring interopembility and future use on P25 systems Control station radios including antennas and
installation cost approximately $5;500 each for a total of $33,000.
5 Remotes
Remotes, which are desk top telephone -like devices, will be purchased and installed to provide additional
communications points within the Durham Sheriff s Department. Remotes will have ability to access all
800 MHz Public Safety radio systems in the area, including the statewide VIPER radio system Remotes
will be capable of operating in a P25 Common Air Interface (CAI) mode, insuring intemperability and
future use on P25 systems Remotes including cabling and installation cost approximately $3,000 each for
a total of $15,000
4 Console Upgrades for Durham County
Console upgrades will be purchased and installed to provide technical upgrading for Durham County the
consoles will have ability to access all 800 MHz Public Safety radio systems in the area, including the
statewide VIPER radio system, and conventional systems in other counties in the MSA. Consoles will be
capable of operating in a P25 Common Air Interface (CAI) mode, insuring inter operability and future use
on P25 systems The consoles will provide a high level of interoperability through their patching
5of9
Durham, NC MSA Interopeiability Expansion Project
FY 2005 COPS Interoperable Communications Technology Program
a0
capabilities Console upgrades include all dispatch position computer interface equipment, central
electronics, and equipment for interfacing consoles directly to 800 MHz trunked radio systems and
conventional systems This includes data line equipment for connection of consoles to remote radio sites.
Upgrading consoles currently in use at Durham County is $55,000 per position, reflecting the recent
investment by the county in updated console equipment, for a total of $220,000
7 Console Upgrades for Orange County
Console upgrades will be purchased and installed to replace consoles in Orange County . The consoles
will have ability to access all 800 Mflz Public Safety radio systems in the area, including the statewide
VIPER radio system, and conventional systems in other counties in the MSA Consoles will be capable
of operating in a P25 Common Air Interface (CAI) mode, insuring interopelability, and future use on P25
systems The consoles will provide a high level of interoperability through their patching capabilities
Console upgrades include all dispatch position computer interface equipment, central electronics, and
equipment for interfacing consoles directly to 800 MHz trunked radio systems and conventional systems,
Ihis includes data line equipment for connection of consoles to remote radio sites. the Orange County
upgrade is more costly due to the antiquity of the current equipment, requiring complete replacement at a
cost of S 175,000 per position, for a total of $1,225,000
Other Costs
1 Microwave Link for Durham County
Microwave link is equipment that provides a wireless interface between the Durham County consoles and
the Durham 800 MHz radios system, and equipment to insure radio system access within the Sheriffs
detention facility Microwave is preferable to leased commercial data line links because of the higher
reliability and avoidance of recurring expense for leased lines. All microwave equipment will be fully
compatible with P25 equipment insuring interoperability and future use on P25 systems the microwave
equipment will be installed on existing buildings . and towers and does not requiie any construction The
microwave equipment and installation is $270,000 for a total of 5270,000
Travel/Training
Travel costs for four representatives to attend required grantee technical assistance/kickoff conference at a
location to be determined.
Item
Computation
Cost
Airfare
4 staff x $600
$2,400
Lodging
4 staff x $150 /night x 3 nights
$1,800
Meals
4 staff x $50 /day x 3 days
$600
Travel costs are estimated for a three -night stay for a total of $4,800
Total Project Costs $3,998,320
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Durham, NC MSA Interoperabrlity Expansion Project
FY 2005 COPS Interoperable Communications Technology Program
C2. Project Timeline
Date
September 2005
October 1, 2005
January 31, 2006
May 30, 2006
June 1, 2006
July 30, 2006
August 2006
September 2006
a�
Project Task/Activity
Award of giant funds anticipated
Procurement and purchasing process begins
Equipment delivered
Installation of equipment completed
Training users on use of equipment begins
User training completed
Review and evaluation of project conducted
Project completed and reported
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Durham, NC MSA Interoperability Expansion Project
FY 2005 COPS Interoperable Communications Technology Program
C3. Summary of Individual Activity Costs
COPS Gr ant Request for Durham County Sheriff
Equipment /Other
Qty
Each
Extended
Mobile Radios
245
$ 3,800.00
S 931,000.00
Portable Radios
280
4,192 00
1,173,760,00
Control Stations
6
5,500.00
33,000 00
Remotes
5
3,00000
15,000.00
Console Upgrades
4
55,000 00
220,000.00
Microwave Link
1
270,000.00
270,000 00
Travel/Training
Airfare
2
TA/Kickoff Conf
1,200 00
Lodging (3 nights)
Airfare
2
60000
1;200.00
Lodging (3 nights)
2
15000
900.00
Meals (3 days)
2
5000
30000
Total Request for
Durham County
COPS Grant Request for Orange County Communications
Total
$2,642,760 00
2,40000
Federal
0 IR
Local
$2,645,160.00 51,983,870.00 $661,290.00
Equipment/Other
Qty
Each
Extended
Portable Radios
30
$ 4,192.00
$ 125,760.00
Console Upgrades
7
175,000 00
1,225,000 00
$1,350,760.00
Travel/Training
TA/Kickoff Cool
Airfare
2
60000
1,200 00
Lodging (3 nights)
2
150.00
900.00
Meals (3 days)
2
5000
300.60
2,40000
Total Request for
Orange County
$1,353,160.00 $1,014,870.00 $:338,290.00
Total Project
Costs
$3,998,320.00 $2,998,740.00 $999,580.00
Orange County public safety agencies are committed to implementing the VIPER, project in the county
and in'support of this proposal have designated $474,000 of the county's homeland security grant funding
to purchase 148 VIPER compatible portable radios. Within this current COPS grant request, Orange
County is also asking for additional portable radios to equip additional public safety agencies in the
county All the radios that are to be purchased are APCO P -25 Compliant, 700 and 800 MHz compatible,
are upgradeable to utilize digital communications 1he costs in the budget section of this grant application
ate reflective of radios meeting these specifications. Both Durham and Orange Counties are individually
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Durham, NC USA Interoperability Expansion Project
FY 2005 COPS Interoperable Communications Technology Program
M
committed to provide the local matching funds asset forth in the attached budget. Letters of support from
the two counties indicating this commitment are attached
Future funding for operation and maintenance of the equipment acquired with this grant will be provided
within the scope of normal operational budgeting
D. Evaluation Plan/Effectiveness of Program
An Evaluation Plan will be implemented to determine the effectiveness of the program. the Evaluation
Plan will include monthly meeting's of program coordinators to review performance measures Ihis
review will determine adherence to project milestone timetables
the Evaluation Plan will also call for collection of statements of effectiveness from users, to include the
various dispatch centers and public safety users This collection of statements will be in the form of
questionnaires and comments
We will seek information indicating improvements in inter operability, citing specific examples. Also
sought will be criticism that might lead to further improvement toward the overall goals of the project
9of9
Durham, NC MSA Interoperability Expansion Project
FY 2005 COPS Interoperable Communications Technology Program
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Me morandum, Included
Travel costs for transpoi
Communications Techn
traveLcosts will be in ac
Atta�timeat
OF COPS INTEROPERABLE COMMMCAnONS
TECHNOLOGY GRANT AWARD
award
: the Assurances;
Communications
, or circulars.
tons, amillikuhill6riE& f6fin&-k the COPS
d.dera
fiX.',k0IsI#gP g1pUkTj H b'
q ; as app ca �
mrA-4*110129 ak tyI- asapplicable(Uniform
no.' di�M Circular A-133 (governing audits);
ions; other representations made in the grant applicatiomig.
grant program; and with all applicable prpgra�k@WE
rci& Intern erable
@4ted items are oII6ZAAm �p
ii,6�isl from the COPS Office. Payment for allowable
Principles for State, Local and Indian Tribal -�zgp
for
-=i-.;f. wiff ywE
grew&"idoffiUl5e to implement their grant
program. Such e'ittanswna;4.1 provide W
tA -%at
�g.Qn m can able ?
justification for delays vrill be granted no cost thqsq:,= c provide a reason
idifii, X4ufsts for time extensions should be submitted in
ly 90 days before the end of your grant period.
if rCyues9`fik7st be received by the COPS Office before the end date of the award.
A- f go
modification requests must be approved, 4-
frmotaogoye any modffl�iatio &eft,
7 For grairti of $500,000 or n@?fDr $T 0DQiT00-& V. m-
-is over adi*g-mokqrji� d a
Ca.= rtunity Plan or P901'-shbrt form (if re uired to do
0
acknowledges that failure i0iiiiifart W
......... mp_ym 1hip 60 Ab Mz-
so under 28 C F-P, 42 302), that is aWi67 b a Offia-edfJuAtice Programs, Office of Civil Rights
bf the t award is a violation of its Assurances and may result in the suspension of the drawdcwti rsf'Jb440fr R
-u 'rS 000, the grantee must submit a completed ESOP. Curtification.form and return
'' ;}u trot P
grants
Athin 60 days of the �j .0villRights,
4 D �U
it vifint&Eagi-eR td. &mzil'e-m�'Qand keen on file. as 4o-Rroprjatkpj-k-,Buf aipWgmjgrat
9 F-.in required Grantees are rtqffliea to AjdAffl-quartcrly ggidditi. ired progress reports
pp_ganp
10, the COPS Office may c6jE& monitoring or spii b0W'60jr-�565W- ua-troif-i�i` of the COPS Interoperable
_Communications Technology grant program. The grantee agrees to cooperate wl6any monitors and evalumqtsin
Cimm
r o0ustice perfbirms various functions to 6nsurq,cpmp*"&
..... ... = .11WW ggg�k acknowledges that the Department
d � provide technical assistance 'to grantees.' The grantee)agrmto
cc
#.an -ements an to
cur
'latc4do Wionq�,.;rtfiir.rq1cvaminJ5o ation
ppli
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fund
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13. Grantees must comply =wi medrulEizaiactMth in 28 F Y ON es that have been
gr n , ....... . ......
-9X
awarded funding for the OF6 enrairinitcam. kemrSIR0,000 and plan to use a non-.competitive
�m �A
3 must provide a written solo sourcejustification to the COPS ?ffice for approval prip
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-- — - - -- -- - -- -- - - -- _ Page 1 of 5
Attachment D n /
im the U.S. code online via GFO Access
.is.access.gPO.90vj
[Laws in effect as of January 24, 20023
IDOcument not affected by Public Laws enacted between
January 24, 2002 and December 19, 20021
[CITE: 42VSC8796dd)
TITLE 4Z---THE PUBLIC HEALTH AND WELFARE
CHAPTER 46—JUSTICE SYSTEM IMPROVEMENT
SUBCHAPTER XI7r E -- ,PUBLIC SAFETY ANNDDTCOMM9NITY POLICING: "CAPS ON THE 1.
Sec, 3796dd. Authority to make public safety and comity
policing grants
(a) Grant authorization
The Attorney General may make grants to states, units of local.
government, Indian tribal governments, other public and private
entities, and multi- jurisdietinnal or regional consortia thereof efforts o
increase police presence, to expand and imp cooperative
ies and between law enforcement agencand otherwi.se rto enhance ublic safetydress
crime and disorder problems,
(b) Rehiring, hiring, and initial redeployment grant projects
(1) in general
Grants made under subsection (a) of this section may be used for
programs, projects, and other activities to --
laid off
(A) rehire law enforcement officers who have been
as a result of state and local budget reductions for deployment
in community - oriented policing; Dt
(B) hire and train new, officers for deployment in comMunityaoriented policingrac oss
the Nation; and support systems, or
(C) procure equipment, technology, or su pP
pay overtime, if the applicant for such a grant demonstrates to
the satisfaction of the Attorney General that expenditures for
such Durposes would result in an increase in the number of
officers deployed in community - oriented policing equal to or
greater than the increase in the number of officers that would
result from a grant for a like amount for the purposes specified
in aubparagraph (A) or (B).
(2) Grants for equipment, technology, and support systems
Grants pursuant to paragraph (1)(C) --
(A) may not exceed 20 percent of the funds available for
grants pursuant to this subsection in any fiscal year. \1\
\1\ so in original. Probably should be year; and'
(B) may not be awarded in fiscal years \2\ 1995, 1989, or
awardedlinsfiscal tyears y1995,, 1996, and 1997 pursu grants
ant to
Page 2 of 5
aV
subparagraph \3\ (1)(c) have resulted in an increase in the
number of officers deployed in community - oriented policing equal
to or greater than the increase in the number of officers that
have resulted from the grants In like amounts awarded in fiscal
years 1995, 1996, and 1997 pursuant to paragraph (1)(A) and (B).
„
\2\ So in original. Probably should be " year .,
\3\ So in original. Frobably should be —paragraph".
(c) TrooPs -to -cops programs
(1) in general
Grants made under subsection (a) of this Section may be used to
hire former members of the Armed Forces to Serve as t eutees law
ted Po,
particularly in communities officers for by a licing
recent
military base closing.
(2) " Former member of the Armed Forces " defined
In this subsection, "former member of the Armed Forces" means
a member of the Armed Forces of the united States who is
involuntarily separated from the Armed Forces within the meaning of
section 1141 of title 10.
(d) Additional grant projects
Grants made under subsection (a) of this section may include
,rograms, projects, and other activities to--
(1) increase the number of law enforcement officers involved in
activities that are focused on interaction with members of the
community on proactive crime control and prevention by redeploying
officers to such activities;
(2) provide specialized training to law enforcement officers to
enhance their conflict resolution, mediation, problem solving,
service, and other skills needed to work in partnership with members
of the community;
(3) increase police participation in multidisciplinary early
intervention teamst
(4) develop new technologies to assist State and local law
enforcement agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime;
(5) develop and implement innovative programs to permit members
of the community to assist State and local law enforcement agencies
in the prevention of crime in the community, such as a citizens`
police academy, including programs designed to increase the level Of
access to the criminal justice system enjoyed by victims,
and ordinary citizens by establishing decentralized satellite
offices (including video facilities) of principal criminal courts
buildings;
(6) establish innovative programs to reduce, and keep to a
minimum, the amount of time that law enforcement officers must be
away from the community while awaiting court appearances;
(7) establish and implement Innovative programs to increase and
enhance proactive crime control and preventiontProgracommunity; s nvolving
law enforcement officers and young pesons
(s) establish school -based partnerships between local law
enforcement agencies and local school systems by using school
- - -- - --
Page 3 of 5
(93
resource officers who operate in and around elementary and secondary
disorder problems, gangs,
schools to combat school - related crime and
and drug activities;
establish new administrative and managerial
(9) develop and as
facilitate the adoption of community - oriented policing
systems to
an organization -wide philosophy:
coordinate crime prevention and
(10) establish, implement, and
(involving law enforcement officers working with
control programs
community members) with other Federal programs that serve the
the comprehensive
community and community members to better address
needs of the community and its members: and
ni more
(11) support the purchase eroEPicera upon hiring for deployment
than 1 service weapon p upon existing
community- oriented policing or, if necessary, P
- oriented policing•
officers, initial redeployment to community
(e) Preferential consideration of applications for certain grants
In awarding grants under this subchapter, the Attorney General may
to applications for
give preferential consideration, where feasible,
law enforcement officers that
hiring and rehiring additional career
exceeding the 25 percent
involve a non - Federal contribution
(i) of this section.
under subsection
(f) Technical assistance
(1) In general
The Attorney General may provide technical assistance to states,
units of local government, Indian tribal governments, and to other
public and public Safety Partnership in furternce of purposes f the
994
(2) Model
The technical assistance provided by the Attorney General may
include the development of a flexible model that will define for
state and local gavernmenta, and other public and private entitles,
definitions and strategies associated with community or problem-
oriented policing and methodologies for its implementation.
(3) Training centers and facilities
The technical assistance provided by the Attorney General may
include the establishment and operation of training centers or
facilities, either directly or by contracting or cooperative
arrangements. The functions of the centers or facilities established
under this paragraph may include instruction and seminars for police
executives, managers, trainers, supervisors, and such others as the
Attorney General considers to be rpritinconce nicommu community or
a
problem - oriented policing
interaction and cooperation that further the purposes of the Public
Safety Partnership and Community Policing Act of 1994.
(g) Utilization of components
The Attorney General may utilize any component or components of the
Department of Justice in carrying out this subchapter.
(h) Minimum amount
Page 4 of 5
Unless all applications submitted by any State and grantee within
cne State pursuant to subsection (a) of this section have been funded,
each qualifying State, together with grantees within the State, shall
receive in each fiscal year pursuant to subsection (a) of this section
not less than 0.5 percent of the total amount appropriated in the fiscal
year for grants pursuant to that subsection. In this subsection,
qualifying State" means any State which has submitted an application
for a grant, or in which an eligible entity has submitted an application
for a grant, General and thelconditionshset quirements y the Attorney
subchaptezb
(i) Matching funds
The portion of the costs of a program, project, or activity provided
by a grant under subsection (a) of this section may not exceed 75
percent, unless the Attorney General waives, wholly or in part, the
requirement under this subsection of a non-Federal - eationnto1augranttfoxha
costs of a program, project,
period exceeding 1, year for hiring or rehiring career law enforcement
officers, the Federal share shall decrease from year to year for up to 5
years, looking toward the continuation of the increased hiring level
using state or local sources of funding following the conclusion of
Federal support, as provided in an approved plan pursuant to section
3796dd- l(c)(8) of this title.
(j) Allocation of funds
The funds available under this subchapter shall be allocated as
provided in section 3793(a) (11)(B) of this title.
(k) Termination of grants for hiring officers
The authority under subsection (a) of this section to make grants
for the hiring and rehiring of additional career law enforcement
officers shall lapse at the conclusion of 6 years from September 13,
1994. Prior to the expiration of this grant authority, the Attorney
General shall submit, a report to Congress concerning the experience with
and effects of such the Attorney General gmay t h have report u n
amendments to pt
subchae = dand ns
related provisions of law in light of the termination of the authority
to make grants for the hiring and rehiring of additional career law
enforcement officers. 22 title 1,
Sec, title
13Se 1994701oeaStat.ie1808; amended -3Pub. L. 105-
119, title 1, Sec. 119, Nov. 26, 1997, 111 Stat, 2968; pub. L. 205 -302,
Sec, 1(1), Oct. 27, 1998, 112 Star, 2841.)
References in Text
The Public Safety Partnership and Community Policing Act of 1994,
referred to in subsec. (f)(1), (3), is title I of Pub. L. 103 -322, Sept.
13, 1994, 100 star. 1807, which is classified principally to this
subchapter. For complete classification of this Act to the Code, see
short Title of 1994 . Amendment note set out under section 3711 of this
title and Tables:
Prior Provisions
30
1. 1 prior section
tolsectof p3797Lo£9 khisltitlerenumbered section 2601
Amendments
1998 °- subaec. (d)(s) to (11). pub
L. 105.302 added par. (8) and
:edesignated former pare. (8) (y0) 105-119 emended subpar. (A ly.
)
1997-- subsec. (b)(2)(A)• pub
generally. Prior to amendment, subpar- (A) read as follows: may not
exceed - --
" (1) 20 percent of the funds available for grants pursuant to
this subsection in fiscal year 1995;
'•(ii) 20 percent of the funds available for grants pursuant to
this subsection in fiscal year 1996; os
''(iii) 10 percent of the'funds available for grants pursuant to
this subsection in fiscal years 1997, 1998, 1999, and 2000; and"-
Purposes of 1994 Amendments
section 10002 of title I of Pub. L. 103 -322 provided that: "The
purposes of this title [see short Title of 1994 Amendment note set out
under section 3111 of this title] are to --
- (1) substantially increase the number of law enforcement
officers interacting directly with members of the community (,Cops
on the beat');
(2) provide additional and more effective training to law
enforcement officers to enhance their problem solving, service, and
other skills needed in interacting members of the co munity; e
(3) encourage the development and implementation
programs to
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