Loading...
HomeMy WebLinkAboutResolution 2019-099 Approving the GFR-AZ911-20-007T Grant Agreement for 911 Admin ServicesMARANA RESOLUTION NO. 2019-099 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE GRANT AGREEMENT NUMBER: GFR-AZ911-20-007T BETWEEN THE STATE OF ARIZONA, ACTING THROUGH THE ARIZONA DEPARTMENT OF ADMINISTRATION, OFFICE OF GRANTS AND FEDERAL RESOURCES (GFR) AND THE TOWN OF MARANA, ACTING AS SYSTEM ADMINISTRATOR FOR THE PIMA COUNTY 9-1-1 SYSTEM, FOR GRANT FUNDING FOR THE ARIZONA 9-1-1 PROGRAM TEXT -TO -9-1-1 SERVICES FUND WHEREAS A.R.S. § 41-704 authorizes the Arizona Department of Administration, Office of Grants and Federal Resources (GFR) 9-1-1 Program to administer and disburse funds for "necessary or appropriate equipment or service for implementing and operating emergency telecommunication services through political subdivisions of this state"; and WHEREAS as part of this authorization, GFR is tasked with oversight and coordination of state activities related to the administration of the Text -to -9-1-1 Services Fund; and WHEREAS to be eligible to receive funds from the Text -to -9-1-1 Services Fund, a Public Safety Answering Point (PSAP) must obtain approval by the Arizona 9-1-1 Program prior to the initiation of a deployment project; and WHEREAS GFR has agreed to provide funds to the Pima County 9-1-1 System, by and through the Marana Police Department (MPD) acting as System Administrator for the System, for the one-time costs for deployment of Text -to -9-1-1 and recurring charges for up to five years of continued support; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a grant agreement with GFR to be eligible to receive the awarded grant funds on behalf of the Pima 9-1-1 System. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: 00065680.DOCX /1 Marana Resolution No. 2019-099 - 1 - SECTION 1. The grant agreement between the Town of Marana, as Pima 9-1-1 System Administrator, and the State of Arizona by and through the Arizona Department of Administration, Office of Grants and Federal Resources (GFR), attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Town Manager is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the grant agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1st day of October, 2019. Mayor Ed onea ATTES Cherry L. L so , T wn Clerk MARANA AZ ESTABLISHED 1977 00065680.DOCX /1 Marana Resolution No. 2019-099 - 2 - ARIZONA DEPARTMENT OF ADMINISTRATION OFFICE OF GRANTS AND FEDERAL RESOURCES Arizona 9-1 -1 Program GRANT AGREEMENT GFR Grant Number: GFR-AZ91 1-20-007T This grant agreement ("Agreement") is between the Town of Marana, through the Marana Police Department (the "Grantee"), acting as the Pima County 9-1-1 System Administrator, and the State of Arizona, acting through the Arizona Department of Administration ("ADOA"), Office of Grants and Federal Resources ("GFR") (sometimes individually, a "Party" or collectively, "Parties"). I. PURPOSE OF THE AGREEMENT GFR is tasked with oversight and coordination of State activities related to the administration of the Text -to -9-1-1 Services Fund. A.R.S. § 41-704 authorizes the Office of Grants and Federal Resources, 9-1-1 Program to administer and disburse funds for "necessary or appropriate equipment or service for implementing and operating emergency telecommunication services through political subdivisions of this state." To be eligible to receive funds from the Text -to -9-1-1 Services Fund, a Public Safety Answering Point (PSAP) must obtain approval by the Arizona 9-1-1 Program prior to the initiation of a deployment project. The Arizona 9-1-1 Program interprets eligible costs to include the cost of deployment of Text -to -9-1-1 and continued support of Text -to -9-1-1 services. In this capacity, GFR has agreed to provide funds to the Pima County 9-1-1 System, by and through the Grantee, for the one-time costs for deployment of Text -to -9-1-1 and recurring charges for up to five (5) years of continued support (plus any applicable taxes). The GFR shall make payment directly to vendors on behalf of the Pima County 9-1-1 System, as identified in Paragraph IV, Section 2, Subsection a. of the Agreement. IL BACKGROUND The State of Arizona strongly encourages Public Safety Answering Points ("PSAPs") to deploy Text - to -9-1-1 services in order to ensure that members of the public who are limited in their ability to use voice communications are able to communicate with PSAPs. Technological advances have made it possible to send and receive text messages to 9-1-1. There are now three ways that a PSAP can send and receive text messages: (1) an ESInet/IP Network Service Interface; (2) a web service; or (3) text to TTY. In 2014, the Federal Communications Commission implemented regulations requiring telephone companies to deliver text messages to PSAPs that request to receive them. Regulations issued to implement the Americans with Disabilities Act require that a public entity "shall take appropriate steps to ensure that communication with ... members of the public ... with disabilities are as effective as communications with others." 28 C.F.R. § 35.160(a). Accordingly, public entities must "furnish appropriate auxiliary aids and services where necessary to afford individuals with a disability ... an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of public entity." 28 C.F.R. § 35.160(b)(1). While Arizona PSAPs have historically met these requirements by providing TTY accessibility, new and emerging technologies and networks have expanded a PSAP's ability to communicate with people who are deaf and hard of hearing, or who otherwise are limited in their ability to use voice communications. EXHIBIT A III. GENERAL PROVISIONS The Parties mutually agree as follows: A. Scope of Work 1. GFR agrees that it is the intent of the Grantee is to provide services in support of Text -to -9-1-1. 2. The Grantee agrees that it shall maintain all records and materials related to Grantee activities subject to this AGREEMENT. 3. The Grantee and GFR shall make relevant personnel, including personnel hired or contracted by either Party, available for discussions and meetings with each other and/or trust entities, when requested by either Party. Each Party shall provide to the other Party; contact names, work addresses, telephone numbers, e-mail addresses, and any other relevant contact information available to each Party regarding personnel considered relevant by each Party to the activities subject to this AGREEMENT. B. Method and Terms of Pam The GFR shall disperse funds as identified in Paragraph IV, Section 2, Subsection a. of the AGREEMENT. IV. OBLIGATIONS OF THE PARTIES 1. Responsibilities of the Grantee: a. Text -to -9-1-1 Services: The Grantee agrees to work with the PSAPs in its jurisdiction to implement Text -to -9-1-1 services as a result of this funding Agreement and for the completion of the service term. if any PSAP in the Grantee's jurisdiction fails to complete the service term, the PSAP failing to complete the term will be required to reimburse the Text -to - 9 -1-1 Services Fund for the remaining term of the service. b. Policy, Processes, and Agreements: The Grantee shall consult with the PSAPs in its 9-1-1 System to establish policies, procedures, and/or agreements for the support of Text -to -9-1-1 emergency calls. c. Public Education and Outreach: Educating the public regarding the capabilities and responsibilities of 9-1-1 is essential, especially when new services become available for their use. When Text -to -9-1-1 services are deployed, the Grantee shall work with the PSAPs in its 9-1-1 system to inform and educate the public about the services, how they work and what to do during an emergency. The Grantee agrees to work with the PSAPs in its jurisdiction to implement a public education and outreach initiative regarding Text -to -9- I-] services. As Arizona Administrative Code, R2-1-403.19 requires, the 9-1-1 planning committee chairperson or designee shall implement a plan for a program of public information regarding 9-1-1 service at least 30 days before 9-1-1 service begins. Each PSAP or 9-1-1 region is encouraged to use the NENA messaging, "Call if you can, text if you can't," in its public education efforts. Public education resources can be found at: 1. FCC Text to 911- FAQ 2. NEMA- SMS Text -to -9-1-1 Resources for PSAPs d. Expenditure reporting: The Grantee, on behalf of each PSAP in its jurisdiction, must submit an expenditure report (including invoices for supporting documentation) through eCivis within fourteen (14) days of the Certificate of Acceptance with the Service Provider. 1. eCivis is the Sub -recipient Management tool, utilized by the Arizona Department of Administration, Office of Grants and Federal Resources, Arizona 9-1-1 Program Office for post award monitoring. e. The Grantee agrees to submit all requests for reimbursements for PSAPs within its 9-1-1 system and requested in the grant application to GFR as provided in this Agreement. 2. Responsibilities of GFR: a. Payment 1. This Agreement is for the initial one-time costs and recurring charges for five (5) years, beginning with the Start of Service Date as determined by the vendor agreement. The following costs for the service (plus any applicable taxes) will be paid by the State of Arizona with the Text -to -9-1-1 Services funds. This Agreement includes funding for the following PSAPs: Marana Police Department, Oro Valley Police Department, Pima County Sheriff's Department, Pima County Sheriff's Department-Ajo, Rural Metro Southwest Ambulance AMR, Tucson Public Safety Communications, University of Arizona Police Department, and Valley Emergency Communications. APPROVED LINE ITEM PROGRAM BUDGET Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual/Outside Services $118,200 Construction $0.00 Other Costs $0.00 Total $118,200 2. It is agreed and understood that the total to be paid for by GFR under this Agreement shall not exceed $118,200 in State funds. 3.Non-Authorized Funding: Funding is NOT approved for the following: a. Additional cost for changes needed as a result of regulatory mandates; b. Termination charges; c. Additional positions needed after initial allocation as identified in this Agreement; d. Additional costs as a result of adding new features/functionality; e. Late payment fees due to untimely submittal of invoices to the Arizona 9- 1-1 Program Office; f. Replacement needs due to customer reasons; g. Any costs associated with a PSAP move or remodel; or h. Items in the Agreement identified as "optional" and/or with additional costs. 4. Funding through the Text -to -9-1-1 Services Fund does not constitute future funding eligibility through the Arizona 9-1-1 Program Office. 5.The GRANTEE authorizes the Arizona Department of Administration, Office of Grants and Federal Resources, Arizona 9-1-1 Program to make payment directly to the vendor for services provided under this Agreement on behalf of the Pima County 9-1-1 System. b. Project Management: The Arizona 9-1-1 Program Office will provide project management for Text -to -9-1-1 projects. A County/9-1-1 jurisdiction may choose to manage the project itself; however, the associated costs will be borne by the County/9-1-1 jurisdiction. The rules and requirements stated in this document still apply. c. Should a County/9-1-1 jurisdiction reject the rules and/or requirements stated in this document or within the Arizona 9-1-1 Text -to -9-1-1 Implementation Plan, the Arizona 9-1-1 Program Office will not provide project management support. Penalties, defined or not defined, fiscal and otherwise, will be borne by the County/9-1-1 jurisdiction. V. EFFECTIVE DATE, TERM, TERMINATION, RENEWAL, AMENDMENT A. Effective Date This AGREEMENT shall become immediately effective upon execution of the AGREEMENT by GFR and the Grantee. B. Term Termination. Renewal The initial term of this AGREEMENT shall begin on July 1, 2019 and terminate on June 30, 2020, unless terminated as provided herein, or extended. Either Party may terminate this AGREEMENT at any time by providing thirty (30) days written notice to the other Party. If this AGREEMENT is extended by mutual written consent of the Parties, all terms, conditions and provisions of the original AGREEMENT shall remain in full force and effect and apply during any extension period C. Amendment This AGREEMENT may be modified, altered, extended or amended only in writing and signed by, or on behalf of, both Parties. VI. NOTICES Any and all notices, requests or demands given or made upon the Parties hereto, pursuant to or in connection with this AGREEMENT, unless otherwise noted, shall be delivered in person, email, interagency mail, or by United States Postal Service, postage prepaid, to the Parties at their respective addresses as set forth immediately below: A. If to the Office of Grants and Federal Resources: Office of Grants and Federal Resources 100 North 15th Avenue, Suite 305 Phoenix, AZ 85007 Attention: Matthew Hanson B. If to the GRANTEE: Marana Police Department 1 ] 555 W. Civic Center Drive Marana, AZ 85653 Attn: Mrs. Sheila Blevins VII. ARBITRATION This AGREEMENT is subject to arbitration to the extent required by A.R.S. § 12-1518, and any such proceeding shall be held in Maricopa County, Arizona. VIII. NON-AVAILABILITY OF FUNDS Every payment obligation of the Grantee and GFR under this AGREEMENT is conditioned upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated and available for the continuance of this AGREEMENT, either Party may terminate this AGREEMENT at the end of the period for which funds are available. No liability shall accrue to the Grantee, GFR or the State of Arizona in the event this provision is exercised, and the Grantee, GFR and the State of Arizona shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. IX. CANCELLATION FOR CONFLICT OF INTEREST This AGREEMENT is subject to cancellation pursuant to Arizona Revised Statutes § 38-511, the provisions of which are herein incorporated by reference. X. AUDIT OF RECORDS Pursuant to Arizona Revised Statutes § 41-1351, the Grantee and GFR shall retain all data, books, and other records relating to this AGREEMENT. The Grantee is subject to all audit oversight policy and procedure established by GFR. XI. GOVERNING LAW This AGREEMENT is made under, and is to be construed in accordance with, the laws of the State of Arizona. In the event of litigation arising under, out of, or relating to, this AGREEMENT, GFR and the Grantee hereby stipulate to the exclusive jurisdiction and venue of the Maricopa County Superior Court in Phoenix, Arizona. XII. ENTIRE AGREEMENT This AGREEMENT contains the entire agreement and understanding of the Parties hereto. There are no representations or provisions other than those contained herein, and this AGREEMENT supersedes all prior agreements between the Parties, whether written or oral, pertaining to the same subject matter of this AGREEMENT. XIII. INVALIDITY OF PART OF THIS AGREEMENT The Parties agree that should any part of this AGREEMENT be held to be invalid or void, the remainder of the AGREEMENT shall remain in full force and effect and shall be binding upon the Parties. XIV. COUNTERPARTS This AGREEMENT may be executed in any number of duplicate originals or photocopies, all of which (once each Party has executed at least one such duplicate original or photocopy) will constitute one and the same document. XV. INTERPRETATION This AGREEMENT is not to be construed or interpreted for or against either of the Parties on the grounds of sole or primary authorship or draftsmanship. XVI. PARAGRAPH HEADINGS The paragraph headings in this AGREEMENT are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this AGREEMENT or any of its provisions. XVII. SIGNATURE AUTHORITY A. This grant Agreement is entered into and is effective as of the date executed by both Parties. B. By signing below, the signer certifies that the person has the authority to enter into this Agreement and read the foregoing and agrees to accept the provisions herein. C. All PARTIES to this Agreement acknowledge that signatures by electronic means are acceptable and legally binding. IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Authorized Signatory Printed Name and Title Date Additional signature(s) if required by political subdivision Date Printed Name and Title Date Attest: Clerk Date Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the GFR with the signed Agreement. Approved as to form and authority to enter into Agreement (Excluding non -profits): Legal counsel for GRANTEE Date Printed Name and Title Statutory or other legal authority to enter into Agreement (Excluding non -profits): Appropriate A.R.S., ordinance, or charter reference FOR OFFICE OF GRANTS AND FEDERAL RESOURCES: Matthew Hanson, Assistant Director Date Arizona Department of Administration Office of Grants and Federal Resources