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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 4of9 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 6of9 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 7of9 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 8of9 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 t AWard 0.— p Vendor 566000233 Piz 0- -j—*,--- f Lew E n fo miRentaiabivO'CM sii'Ww: EM IRva-m-f- M - Velephom' T919) 396:4322 (90)1604971 ovefiment Executivei Cky.-.ManagerI-Iaw'aRJIQWWt.- A Addrem- �M nM-' 2-- Al �-NF _. r • jm- M --Nd P9,11/2005 Qb, M&KEna5bile, 813WOO8 -M g�gl Award ArnotW' the r h COPS grants may result klahMffoe' False N participating tjE I p, am Vpny remedy ayafla 1 FOr MO F .:. 111.712005 zgi . tUry A . rr Rt� .1 .f�Aff SEP f -Z� 2= Carl RejWIN �M= Dater -,;7 �--gy T.1-: 1 M�- �QR 4 4-N" 1 =w AN ZVIM � 41 P Steve W. Chalmers, olice- Chief I L-9-0. 9 5 the r h COPS grants may result klahMffoe' False N participating tjE I p, am Vpny remedy ayafla 1 FOr MO F .:. 111.712005 ATFMM� .f�Aff 53 f....OF g- AN ZVIM APIT ATFMM� 21. 4 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 $T 0DQiT00-& V. m- -is over adi*g-mokqrji� d a Ca.= rtunity Plan or P901'-shbrt form (if re uired to do 0 acknowledges that failure i0iiiiifart W ......... mp_ym 1hip 60 Ab Mz- so under 28 C F-P, 42 302), that is aWi67 b a Offia-edfJuAtice Programs, Office of Civil Rights bf the t award is a violation of its Assurances and may result in the suspension of the drawdcwti rsf'Jb440fr R -u 'rS 000, the grantee must submit a completed ESOP. Curtification.form and return '' ;}u trot P grants Athin 60 days of the �j .0villRights, 4 D �U it vifint&Eagi-eR td. &mzil'e-m�'Qand keen on file. as 4o-Rroprjatkpj-k-,Buf aipWgmjgrat 9 F-.in required Grantees are rtqffliea to AjdAffl-quartcrly ggi­dditi. ired progress reports pp_ganp 10, the COPS Office may c6jE& monitoring or spii b0W'­60­jr-�565W- ua-troif-i�i` of the COPS Interoperable _Communications Technology grant program. The grantee agrees to cooperate wl6any monitors and evalumqtsin Cimm r o0ustice perfbirms various functions to 6nsurq,cpmp*"& ..... ... = .11WW ggg�k acknowledges that the Department d � provide technical assistance 'to grantees.' The grantee)agrmto cc #.an -ements an to cur 'latc4do Wionq�,.;rtfiir.rq1cvaminJ5o ation ppli r rusing 0-6`P$:interopgigle qw i" isiiFaew 6-1gy gm.na. --of to Offl—aw 914-drinifib fund J I X 60 E qP g.- cnmm intelligence s ust c9Lj 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 r p� I n U� 14 =P P this --- 43 gw m,,�r A 001 _0 Pr, 2 g pi iE MY fiN ANY -- — - - -- -- - -- -- - - -- _ 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 L CO L L W 0 F- Z L co z EL D 0 0 L 0 ❑ x z 0 O 0 0 0 11.4 I I I I , I 0 > ,I VJ L9 D E 0 > ,I