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Home My WebLink About4715 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4715 CENCOM/KITSAP CO DEPT OF EMERGENCY MANAGEMENT Administration - 2007 COPS Grant Technology Program Police LEG 12-1 04/16/2008 08/31/2010 07/01/2010 Grant #2007 CKWX0057 ORI# WA01801 KC-092-08 j/) C - () 90< -tJt3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON, CENCOM AND KITSAP COUNTY 2007 Department of Justice, Office of Community Oriented Policing Services ("COPS") Grant Technology Program Grant # 2007 CKWX0057 ORI# WAOl801 I. Purpose. To establish an Interlocal Agreement between the City of Bremerton, by and through the Bremerton Police Department ("City"), Central Communications ("CENCOM") and Kitsap County, by and through the Kitsap County Department of Emergency Management ("KCDEM") regarding administration of the 2007 COPS Grant Technology Program Grant and authorizing KCDEM to act as grants administrator. 2. Backf!round. The City was and is a targeted community under the COPS FY 2007 Interoperable Communications Technology Program. This program encourages cities the size of Bremerton to reach out to its neighboring response communities to resolve interoperability communications issues. The City requested KCDEM to assist them in developing the grant on behalf ofthe City and its response partners in Kitsap County. KCDEM, acting as an agent for the Bremerton-Silverdale Metropolitan Statistical Area comprised of the cities of Bremerton, Bainbridge Island, Port Orchard, and Poulsbo and two Indian Nations, the Port Gamble S'Klallam and Suquamish Nations ("MSA") and in partnership with the City, developed the 2007 grant. The purpose of the grant is to overcome communication problems and equipment deficiencies through funding of a mobile data network that connects field users to shared data systems. The City was awarded a $2,741,612.00 grant with a match of$913,871.00 for a total grant of$3,655,482.90. 3. Scope. This agreement outlines the mutual cooperation between the City, CENCOM and KDCEM. It is the intent of this iInterlocal agreement is for KCDEM to utilize its resources to include legal, purchasing and grants management capability to administer the grant on behalf of the City and the MSA and further for CENCOM to provide the matching funding required in this grant. 4. Duration of Af!reement. This agreement shall take effect upon execution ofthe agreement by both County and City and shall remain in effect for the expenditure of all funds from the grant identified herein and the completion of all duties and obligations of the parties pursuant to the terms of this agreement, unless otherwise terminated pursuant to Section 4 5 of this agreement. . 5. Termination of Al!reement. This Agreement may be terminated in writing by all parties hereto. 6. Responsibilities: (a) KCDEM (1) Act as grant administrator for this grant. Providing resources, expertise, financial management and personnel on behalf of the City. (2) Assure all policies and procedures for procurement are followed by Kitsap County standards and processes. This includes ordering equipment, accepting the items and upon receipt of the bill ensuring that the City of Bremerton has a copy prior to the City making a drawdown of grant funds to reimburse KCDEM. (3) Assure all rules, regulations and protocols outlined by the Department of Justice, Office of Community Oriented Policing Services are followed as outlined in the grants Acceptance, Terms and Conditions. This includes performing quarterly financial status reports and progress reports as required; also establishing specific financial expense and bank accounts for grant funding accountability. (4) Provide copies of all documentation to Bremerton. (5) In 2008, $2.4 million dollars is expected to be spent by KCDEM on purchasing mobile computer terminals for response apparatus and vehicles and supporting software and servers, and technical project management. In 2009, $1,218,494.30 is expected to be spent on cellular services, its supporting hardware, and new shared data systems. (b) City (1) Act as subject matter expert in COPS grants administration, and as required, oversight of KCDEM work, products, procedures and protocols. (2) Monitor reporting and funding draws along with City's Finance Officer (3) Act as liaison between COPS Program and KCDEM. (4) Facilitate pass through for draws to reimburse KCDEM accounts. (c) CENCOM (1) Pay matching funds. The total approved budget for the grant is $3,655.482.90. The federal share of the grant is $2,741,612.00. The applicant's matching share is $913,871.00. CENCOM'S budget, approved in the 2007 Meeting Minutes, provides the entire amount of the grant's matching fund of $913,871.00 to be paid by CENCOM over the life of the grant. The 75/25 reporting process will be used to ensure matching funds are identified. 7. Indemnification. Each party shall defend, indemnify and hold the other parties, their officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with its performance of this Agreement. 8. Review. This interlocal shall be reviewed annually by each party to evaluate its effectiveness and determine the need for continuation or modification so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the provisions of this Agreement affected shall be curtailed and limited only the extent necessary to bring it within legal requirements. 9. Authority. By the signing of this agreement, each party warrants that they have received or obtained the legal authority to enter into this agreement and to bind their agency according1 y. 10. Compliance with Law. Each entity shall be solely responsible to ensure that it has followed all applicable State laws and its local ordinances when taking action pursuant to this agreement. 11. Entire Al!reement. This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 12. Modification. This Agreement may only be modified by written instrument signed by both Parties. 13. Written Notices. All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City City Clerk 345 Sixth Street, Suite 600 Bremerton, W A 98337 CENCOM 911 Carver Street Bremerton, W A 98312 Attn: Director McAffee KCDEM 911 Carver Street Bremerton, W A 98312 Attn: Director Mann 14. Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 15. Choice of Law and Venue. This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 16. Attorneys' Fees. In the event oflitigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 17. Effective Date. This interlocal agreement shall be effective upon the signatures of all parties. 18. Severability. Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties have executed this Interlocal Agreement on the day and year indicated below. City of Bremerton Kitsap County Emergency Management Council and CENCOM Policy Board Dated~. _ ~ By: ~_ l_~ / , Dated: By: L/ /1 '-i / {j ~ ~ )S/Lvv- Steven auer, Chair, Kitsap County Board of Commissioners Cary Bozeman, Mayor Dated: By~, Ron McAffee, Director Kitsap County CENCOM Attest: ~D Jv Ml, ~r:>, ClerIt of the Board ' R:\Legal\Legal\Contracts\FlRE\Interlocal City KCDEM and Cencom.l.doc