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HomeMy WebLinkAboutAgenda - 02-17-2004-5bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 17, 2004 Action Agenda Item No. ~j `~j SUBJECT: Acceptance of Grant From the Public Safety Foundation of America for Wireless 9-1-1 DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Resolution Grant Award Letter Grant Agreement INFORMATION CONTACT: Nick Waters, ext 3030 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To approve acceptance of a competitive grant award from the Public Safety Foundation of America in the amount of $33,100 for equipment, software, and professional services. BACKGROt1ND: Ourrently, wireless callers to 9-1-1 are mapped manually using the latitude and longitude coordinates provided by the wireless telephone companies. Telecommunicators must physically move to a location within the 9-1-1 center and enter the coordinates into a computer terminal to receive the graphical location, Wireless telephones are becoming more prominent and have begun replacing landline communications, resulting in increased difficultly in quickly locating callers. Early last year, Orange County Emergency Management began looking for a solution to remedy this problem utilizing cost effective methods, In October 2003, the Department of Emergency Management applied to the Public Safety Foundation of America (PSFA) for a grant to assist in implementing automatic location mapping capability for wireless callers. The department was notified by letter on January 13, 2004 that its grant request was approved. This was a competitive grant with 106 applications filed and only 43 funded. The County's application is currently the only funded application from North Carolina. The implementation of the entire mapping capability project consists of two interconnected phases. Phase one included the Wireless Communications Coordinator position, which was filled in late October 2003, Phase two will be funded through the grant and involves the purchase of equipment and software for the 9-1-1 center as well as the hiring of a contractor to provide computer coding services, Once this remaining phase has been completed, the 9-1-1 center should be able to automatically map the latitudinal and longitudinal coordinates provided by the telephone companies. FINANCIAL IMPACT: The County is allotted $12,600 to purchase seven computer workstations and monitors through this reimbursable grant. Additionally, $10,000 is allotted for computer coding services, and $10,500 is allotted for seven licenses of the mapping software. The County must pay any amount over these allotments, and if this occurs, funds will come from the Wireless E9-1-1 budget and therefore will have no impact on the County's operating fund, The County will seek reimbursement from the Foundation pursuant to the terms of the grant, There may be some incidental use of existing staff time; however, no additional County costs should be expected, RECOMMENDATION(S): The Manager recommends that the Board adopt the accompanying resolution accepting the grant award and authorizing the Manager to sign the grant agreement.. a~ ORANGE COUNTY BOARD OF COMMISSIONERS A Resolution Accepting Wireless 9-1-1 Grant Funding from the Public Safety Foundation of America WHEREAS, the Orange County Baard of Commissioners has had along-standing interest in improving the County's capability to identify the geographical origination of emergency cellular telephone calls, and WHEREAS, wireless telephone companies have made tremendous progress in their capabilities to transmit the latitudinal and longitudinal coordinates of cellular telephone call origination points to public safety answering points such as the one operated by Orange County Emergency Management (OCEM), and WHEREAS, Orange County recently received notification of a grant award that will provide funds for equipment, software, and technological support services to automate the display of geographical coordinates provided by wireless telephone companies directly onto each telecommunicator's work station at OCEM; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby: 1) accept grant funds in the amount of $33,100 from the Public Safety Foundation of America to accomplish the purposes noted above; 2) authorize the Manager to sign the grant agreement, subject to final review by staff and the County Attorney; and 3) direct staff to accomplish any administrative or logistical steps necessary to comply with the provisions of the grant agreement, This, the 17th day of February 2004, Barry ~lacobs, Chair Orange County Board of Commissioners ~i Public Safety Foundation of America 351 N. Williamson 61vd. • Daytona 6ca<h, PL 32!14 18881 272-G9t 1 • (386) 322-2501 Fax • ww.v PSFA. us January 13, 2004 Craig Blackwood, Data Technician Orange County Emergency Management 1914 New Hope Church Road Chapel Hill, NC 27514 RE: NC-303-0059 Dear Craig On behalf of the Public Safety Foundation of America we would like to inform you that your grant request has been approved for funding for an amount of $33,100.00, Our review of your grant application has identified those elements/services, which are fundable, in full or in part, under the current PSFA Funding Parameters. We are mailing to you a grant funding agreement that will list the specific details of your grant award and specifically identify how the grant funds may be used for your project, In addition, the grant agreement includes your project timeline, which is one component of the overall scoring and approval process. At a minimum, quazterly progress and fiscal reports are required, We wanted to shaze this information with you so that you may begin planning the implementation of your project. Enclosed is a copy of the national press release announcing the grant awazd winners as well as a local press release that you may use for your local news media, We wish you every success with your project. Sincerely, ~, ~'`~` William A. Cade, .Ir. Interim Administrator Public Safety Foundation of America WAC/tml Enclosures 4 ~~ Public Safety Foundation of America 351 N. Williamson RWd. • Daytona beach, FL 32114 (888) 272-G911 • (38G) 322-2501 Faz •.vww.PSFA.us 7anuary 27, 2004 Craig Blackwood, Data Technician Orange County Emergency Management 1914 New Hope Church Road Chapel Hill, NC 27514 RE: NC-303-0059 Dear Craig: On behalf of the Public Safety Foundation of America, congratulations on your grant award. Enclosed, ,you will find the Grant Agreement ready for your signature on page six. The agreement requires one substantial signature and that of two t21 witnesses, with the appropriate names printed beneath each signature. Please sign and veri that all required signatures are on the agreement before returning the original to the Public Safety Foundation of America, 351 N. Williamson Boulevard, Daytona Beach, FL .32114-1 112, within 30 days of the date of the agreement. After execution of the agreement by our ChiefFinancial Officer, you will be mailed a copy of the agreement for your records. Please carefully read all of the agreement, including attachments A and B. ,You will note that in most cases we require the completion of your entire project as proposed to the Public Safety Foundation of America even though we may be funding only a portion of your project. You are being asked to agree that the funding we provide, along with other funding sources available tD you, are adequate for completion of your project. The PSFA does not normally provide funds that do not result in project completion. We have assigned the Grant Identification Number NC-303-0059 to your grant and ask that you utilize this number when corresponding with the Foundation. This will expedite matters of your grant in a more efficient manner. 5 Januazy 27, 2004 Craig Blackwood Page 2 Under sepazate cover, we will be sending to you a form for preparing your Quarterly Report and submitting itemized invoices for reimbursement. We look forwazd to a good working relationship with your organization and wish you the best on your PSFA grant funded project, Sincerely, Tamaza LeDoux Administrative Coordinator Enclosure PUBLIC SAFETY FOUNDATION OF AMERICA INC. GRANT AGREEMENT THIS GRANT AGREEMENT is entered into this 27th day of.Tanuary, 2004 (the "Effective Date") by and between the PUBLIC SAFETY FOUNDATION OF AMERICA, INC, a Florida not- for-profit corporation (the "Grantor") and Orange County Emergency Management (the "Grantee"), Grant Identification Number NC-303-0059, 1. Execution of Agreement. Grant agreements must be executed and returned within thirty (30) days from date of receipt by Grantee, Failure to return the executed agreement within 30 days may result in revocation of the grant award. 2. Payment. The "Budget" attached to this Agreement as Exhibit "A" states the maximum amount of grant funds and the maximum allowable costs for the tasks identified in the "Project Statement" attached to this Agreement as Exhibit "B." The Board shall reimburse the Grantee in accordance with the terms and conditions contained herein, for only those services specified in the Project Statement, and only up to such amounts set forth in the Budget. Grantee expressly acknowledges and agrees that the grant award made herein is limited solely to the funds specified in the Budget, and nothing contained herein shall be construed so as to be a continuing commitment of funding or maintenance on the Grantor's part of the project described in the Project Statement, or of any other work or operations conducted by the Cnantee. Grantee expressly acknowledges and agrees that the Budget may not include all amounts necessary For completion of work set forth in the Project Statement. In light of the foregoing, Grantee represents and wazrants to Grantor that Grantee has sufficient resources available for substantial completion of the project set forth in the Project Statement. (a) The Grantee shall carry out the work described in the Project Statement in accordance with the Budget. The parties agree that any changes or modifications to the Project Statement or the Budget shall not be effective without the prior written approval of the Grantor. If the Grantee fails to obtain such prior written approval, the Grantor, in its sole discretion, may refuse to reimburse Grantee for such work or costs. (b) The Grantee shall be entitled to reimbursement of funds expended in accordance with the terms and conditions contained herein, upon submission of quarterly reports prepared in accordance with the "Reporting Requirements" as hereinafter described. Notwithstanding the foregoing, Grantee may submit reports and requests for reimbursement more frequently than quarterly, and Grantor may in its discretion, reimburse Grantee more frequently than quarterly, provided however, that nothing contained herein shall be construed sa as to obligate Grantor to do so, (c) Grantor may, in its sole discretion, upon written request of Grantee, advance grant funds hereunder. In the event that funds aze advanced, and not expended prior to the termination of this Agreement for any reason whatsoever, Grantee agrees that all grant funds in its possession at the time of termination shall be immediately returned to Grantor without request for the same. (d) Unless Grantee receives written notice from Grantor in writing to the contrary, or unless the parties otherwise agree in writing, Grantee agrees that Grantee shall be entitled to reimbursement of expenses, in accordance with the terms and conditions contained herein, for a period of one (1) yeaz from the Effective Date. 3. Reporting Requirements. Grantee agrees that Grantee will submit written reports to Grantor not less than quarterly, Such reports shall include a progress statement, a detailed expense report, evidence of expenses incurred, and such other information as may be reasonably requested by Grantor from time to time.. Grantee agrees that as a precondition to reimbursement hereunder, Grantee shall submit invoices and such other evidence of expenses incurred by Grantee, as may be acceptable to Grantor in its sole discretion. 4.. Stogy Work Notice, Immediately upon receipt of a written notice to stop work, the Grantee shall cease all work under this Agreement, 5, Failure to Perform as Required ly This Agreement, If the Grantee fails to perform as required by this Agreement, the Grantor may reimburse Grantee only for such work perfonned under the grant which resulted in the desired or intended outcome (as set forth in the Project Statement), but shall not be required to do so, If Grantee is in material breach of this Agreement, and has failed to perform in accordance with the Project Statement (including without limitation, Grantee's improper use of grant funds) Grantee agrees that Grantee will, immediately upon demand for same, repay Grantor for any grant funds previously provided to Grantee pursuant to this Agreement, and further agrees that Grantee will forfeit any future right to grant funds. 6, Involuntary Termination, In the event that Grantee, for any reason whatsoever, ceases to be an Eligible Entity (as hereinafter defined), Grantee agrees that: (a) Grantee will immediately provide written notice of same to Grantor, (b) Grantor's obligations hereunder shall immediately cease, and (c) Grantee shall forfeit any and all rights Grantee may have to disbursement of further grant funds. Grantee further agrees that Grantee will immediately return to Grantor, any unused grant funds that Grantee may have in its possession at the time Grantee ceases to be recognized as an Eligible Entity. 7. Discretionary Termination, The Grantor shall have the right to terminate this Agreement at its sole discretion at any time upon thirty (30) days prior written notice to the Grantee, In the case of eazly termination, a final payment shall be made to the Grantee for work which qualifies for reimbursement hereunder, upon receipt of a final report detailing costs incurred and work performed prior to the date of termination, 8. Force Maieure. Neither the Grantor nor the Grantee, its contractors, vendors or subcontractors, if any, shall be responsible hereunder for any delay, default or nonperformance of this Agreement, to the extent that such delay, default or nonperformance is caused by an act of Gad, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage or flood, or other contingencies unforeseen by the Grantor or the Grantee, its contractors, vendors or subcontractors and beyond the reasonable control of such party. 8 9. Audits/Records Access, The Grantee agrees that the Grantor shall have an absolute right of access to all of the Grantee's records pertaining to the use of grant funds, and further agrees that Grantor shall be entitled to conduct reviews and/or audits of such Grantee records. Grantee agrees that all records pertaining to the grant funds will be made available to Grantor upon request for the reviews and/or audits. Grantee further agrees that such records will be retained for not less than five (5) yeazs from the date hereof. ]0, Publicity and Acknowledgment, The Grantee agrees to acknowledge Grantor's support each time projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures or other type of promotional material, 11. Compliance. The Grantee shall comply fully with all applicable federal, state and local laws, ordinances, rules and regulations in performance hereunder. The Grantee shall provide, upon (nantor's request, evidence that all local, state and/or federal permits, licenses, registrations and approvals for the purposes for which grant funds aze to be expended have been secured, The Grantee shall maintain compliance with such requirements throughout the grant period. Any deviation from the requirements of this section shall result in non-payment of grant funds. Further Grantee represents and warrants to Grantor that Grantee is: (i) a unit of federal, state, or local government; (ii) a federal, state, or local governmental agency; or (iii) a 501(c)(3) not-for-profit organization that is tax-exempt within the meaning of the Internal Revenue Code (each of the foregoing referred to herein as an "Eligible Entity"), By execution hereof, Grantee further represents and warrants that all information supplied to Grantor in the Public Safety Foundation of America Grant Application (the "Application") was true and correct as of the date Grantee submitted the Application, and is true and correct as of the date hereof. Grantee acknowledges and agrees that, per the terms of the Application, supplanting of grant funds is prohibited, and that grant funds may not be used to replace State, local or other funds that aze otherwise available to Grantee, and may not be used to defray costs that Grantee, as of the date hereof, is already obligated to pay. The parties agree that grant funds are meant to supplement, not replace, funds already available to Grantee, 12. Controlling Law; Venue. Except as otherwise expressly provided herein, the parties agree that this Agreement shall be governed and construed in accordance with the laws of the State of Florida, without regazd to conflicts of laws principles. All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be brought in the courts of the State of'Florida, County of Volusia, or if it has or can acquire ,jurisdiction, in the United States District Court for the Middle District of Florida (collectively, the "Florida Courts"). Each party hereby irrevocably consents to the jurisdiction of the Florida Courts for any proceeding arising out of or relating to this Agreement, 13, Remedies. Unless otherwise expressly provided herein, the rights and remedies hereunder aze in addition to, and not in limitation af, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. 14. Grantee's Waiver of Claims and Recourse Against Grantor. The Grantee hereby waives all claims and recourse against the Grantor, its officers, directors, agents, employees and 3 9 representatives, including, but not limited to, any right to contribution for loss or damage to persons or property azising out of, resulting from, or in any way connected with or incident to this Agreement. Grantee acknowledges and agrees that this waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure or condition created pursuant to, or as a result of, this Agreement, Without limiting the generality of the foregoing, Grantee agrees that Grantor's funding obligations hereunder aze contingent upon and subject to Grantor's prior receipt of the grant funds, In the event that such funds aze not readily available, Grantor agrees to provide notice of termination or suspension of'this Agreement to Grantee, and the parties agree that Grantor shall incur no liability to Grantee as a result of such termination or suspension, I5. Grantee's Indemnification and Defense of the Grantor, To the extent permitted under the laws of Cnantee's state of organization or principal location, Grantee agrees to indemnify, hold harmless and defend the Grantor, its officers, directors, agents, employees and representatives, against any and all liabilities, losses, claims, demands, damages, actions, suits,,judgments, costs and expenses (including, but not limited to, attorneys' fees and costs), of whatsoever chazacter or kind, azising out of, resulting from, or in any way connected with or incident to any activity undertaken or omitted pursuant to this Agreement or any product, stmcture or condition created pursuant to, or as a result of, this Agreement, including, but not limited to, any and all claims and losses accruing or resulting to any and all contractors, subcontractors, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement; from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Agreement; and from any and all claims and losses accruing or resulting from Grantee's breach of any representation, warranty or covenant made by Grantee in this Agreement. 16. No agency relationship created, The Grantee, its contractors, vendors, subcontractors, agents and employees, shall act in an independent capacity in the performance of this Agreement and nothing contained herein shall be construed so as to create an employer/employee relationship, a joint venture relationship, or a partnership relationship between Grantor and Grantee.. 17. Assignment, Successors and Assigns. This Agreement may not be assigned by the Grantee, either in whole or in part, without the Csrantor's prior written consent, The provisions of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 18. Severability. If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions shall be voided and severed from this Agreement without affecting any other provision of this Agreement, To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived, to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. 19. Notices. Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and hand delivered or sent by certified mail, return receipt requested, to the parties at their respective addresses set forth below, or to such other address as may be hereafrer 4 10 designated by either party in writing. The date of delivery For purposes of this Agreement shall be the date of hand delivery or the date of mailing, If to Grantor: Public Safety Foundation of America, Inc. Attn: Grant Coordinator 351 N, Williamson Blvd. Daytona Beach, Florida 32114-1112 If to Grantee: Grange County Emergency Management Attn: Craig Blackwood, Data Technician 1914 New Hope Church Road Chapel Hill, NC 27514 20, Entire Agreement, This Agreement, together with all Exhibits attached hereto, constitutes the entire agreement of the parties, and supersedes all prior agreements between the parties, whether oral or written. This Agreement may not be amended except by a writing signed by the pazties hereto. 5 11 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. Witnesses: Name Printed or Typed Name Printed or Typed Name Printed or Typed Name Printed or Typed GRANTEE Orange County Emergency Management By: Its: GRANTOR Public Safety Foundation of America, Inc. By: E. Tim Ryan, CPA Its: Treasurer 12 EXIIIBIT A BUDGET Grant ID# NC-303-0059 Total reimbursable not to exceed $33,100, as specified in the following categories, Total reimbursable in any category may not exceed the following amounts. ArcView 8,3 for Win NT 4.0/2000/X1' (7 Licenses @ $1,500 ea,) $10,500 Dell Precision Workstation 340 Mini-tower (7 @ $1,300 ea.) 9,100 Del UltraSharp 1901FP 19-inch Flat Panel Monitor (7 @ $500 ea,) 3,500 Wireless Communications Coordinator - 0 - Software Coding Vendor 10,000 Total reimbursable $33,100 Total billed for all categories listed above may not exceed the maximum amount for each category, and the maximum total of all reimbursements may not exceed $33,100,00, 13 EXHIBIT B PROJECT STATEMENT Grant H)# NC-303-0059 Grant funds are approved for the tasks identified in the Project Statement as detailed based upon the submitted and approved project timeline (attached). Grant funds may only be used to implement the project, leading to PSAP Phase II readiness; enhanced wireless 911 call handling or actual implementation of enhanced wireless Phase II 9-1-1 services with at least one carrier. You aze urged to seek deployment within six (6) months based on this awazd and the activity you aze currently engaged in. 14 T T ?. m c 0 ~ ~ ~ O ~ ~ M. _ N. N .~: O C m ~ m d ° ~ m y m ~ E m c C m ^t0 v o m ~ ~ m O Vl U t0 L V N m C C O V h ~ mp ~ Q U ~ n ~ U V ~ . ~ N ~ p m ~ c t6 `~° aEi ».• ~ v ayi E m ~" E t0 O T U v) T Z V y N Z W ~ W N_ p C C O '; -p y C c ~ ~ m `~ ,~ m e o ~ m U ~ m ~ ~ G N ~~ y ~ C ~ mrn ~ O) E C = N O W , c , y y C G V ~ y m C a C Q N d m (6 C m C O m m ~- x m • a m f7 i ~ ~ E a ~ ~ E o ~o. a i Q O) y N D1 a.•= C V ~~ C E~~ 'ccmv'o'~ :cam ~~ `~ v~ m o mo o i~U a i d' u i . U c9 m ~ U O~ y [? C E C ~ U m i m O m C d LTJ m .L7 O ~ c0 m m C :~. . i ~Q C m Vl (U~ t O m fA~ V U _ : m .. m ~ p E m m .a v C m,D ~ D N Tm E a ~ ro~U C° w o,m v m ~ E o y m ~ rn c ma va o.ai E m ~ c.o•. ~ A y m > C y ~ m O) C C m .m C C ._ p V C C p . .. C~ C C O y 0 ~~U y O ' m N N F-~Ut~ F- y y 0 W~U 0 ~ of ~- NC-303-0D59 TIMELINE b b~0 a