HomeMy WebLinkAboutContracts & Agreements_36-2021MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT APPLE VALLEY FIRE PROTECTION DISTRICT CHINO VALLEY
INDEPENDENT FIRE DISTRICT CITY OF COLTON FIRE DEPARTMENT CITY OF LOMA LINDA
FIRE DEPARTMENT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CITY OF REDLANDS
FIRE DEPARTMENT CITY OF RIALTO FIRE DEPARTMENT RUNNING SPRINGS FIRE
DEPARTMENT AND THE YERMO-CALICO FIRE DEPARTMENT
I. Purpose
To establish a cooperative agreement between the Regional Partners, as defined below in order to
participate in a regional grant application and, if awarded grant funds, comply with all requirements of
the United States Department of Homeland Security (DHS) Federal Emergency Management Agency
(FEMA) FY 2020 Assistance to Firefighters Grant (AFG), Operations and Safety component for
Communications Equipment, associated with the acquisition of 800 MHZ Portable radios.
The Regional Partners (sometimes individually referred to as Regional Partner Party, or Agency, or collectively referred
to as Parties) are:
A. San Bernardino County Fire Protection District (SBCFPD),
B. Apple Valley Fire Protection District (hereinafter AVFD),
C. Chino Valley Independent Fire District (hereinafter CVFD),
D. City of Colton through its Fire Department (hereinafter CFD),
E. City of Loma Linda through its Fire Department (hereinafter LLFD),
F Rancho Cucamonga Fire Protection District (hereinafter RCFD),
G. City of Redlands through its Fire Department (hereinafter REDFD),
H. City of Rialto through its Fire Department (hereinafter RFD),
I. Running Springs Fire Department (hereinafter RSFD) and
J Yermo-Calico Fire Department (hereinafter YCFD).
Regional Partners accept and agree to abide by all terms and conditions of the grant,
including those in the DHS Notice of Funding Opportunity Fiscal Year 2020 AFG Program (number
EMW-2020-FG-10332) and any subsequent grant award agreement entered into between SBCFPD and
FEMA. The Notice of Funding Opportunity and subsequent grant award agreement are
incorporated into the body of this MOU by reference. All parties agree that Federal funds under
this award will be used to supplement, but not supplant, State or local funds for first responder
preparedness.
II. Definitions
Regional Partners, Regional Partner Parties or Party, and Agency — see definition in Section I.
Purpose.
'800 MHZ Portable Radio' or 'Equipment' — refers to handheld radios and all associated equipment
including antennae, battery and all internal hardware and software. The equipment will be upgraded
to included rugged radio enhancement (to withstand conditions in the field) Astro Digital CI
operation Smart Zone operation P25 9600 Baud trunking front panel programming and
cloning AES encryption, multikey enhancement, WiFi capability Programming over P25
(OTAP), 3 -year service contract. The radio and equipment purchased through this grant will meet or
exceed national and state standards. Any specific brand or trade name referenced in this MOU includes
or equals'
Host Applicant/Agency — refers to an individual fire department/fire protection district who applies for
MOU REGIONAL FY2020 AFG RADIO GRANT SBCFPD HOST
a regional project on behalf of itself and any number of neighboring fire departments.
Grant FY 2020 Assistance to Firefighters Grant.
III. t3ackaround to the AFG Grant Proiect
Problem Statement: Many of the fire departments within the region lack adequate radio equipment in
their inventory that are less than ten old years old and the financial resources to replace them.
Purpose: The purpose of the AFG Program is to protect the health and safety of the public and firefighting
personnel against fire and fire -related hazards. Regional program activities should achieve cost
effectiveness, and support regional efficiency and resilience. The AFG Regional Project reflects the DHS
overall investment strategy priorities.
A.
B.
C.
Enhancing National Capabilities grant funding will assist in moving the Regional Partners
closer to meeting one of the national priorities under the National Preparedness Goal by
strengthening a unified and coordinated operational structure and process that appropriately
integrates all critical stakeholders and supports the execution of core capabilities.
Interoperability- grant funding will assist the Regional Partners with replacing obsolete portable
radios and equipment with cost-effective, sustainable and interoperable radios. SBCFPD and
its Regional Partners will build and/or leverage on existing resources to strategically invest
in enhancing regional communication capabilities.
National Fire Protection Agency Standards — grant funding will assist the Regional
Partners in meeting all current NFPA standards.
IV Responsibilities of SBCFPD
As the Host Applicant/Agency for the Regional FY2020 AFG, and, if successful, the grant, SBCFPD will:
A. Provide funding for 15% (for its share) of the matching cost for Equipment to be purchased.
B. Oversee the grant implementation and coordinate with FEMA.
C. Act as the fiscal agent for the grant including:
1 Invoice Regional Partners for cost share of the Equipment,
2. Arrange payment to vendor
3. Prepare and submit fiscal and program reports for FEMA, and
4. Audit and track grant funds and deliverables.
D. Manage grant activities including, but not limited to, project and fiscal reports for FEMA.
E. Coordinate with the Regional Partners throughout the grant term.
F After receiving input from Regional Partners, make the final determination of the
Equipment to be ordered for the Regional Partners.
G. Coordinate procurement of the Equipment and make final procurement decisions.
H. Procure the Equipment in compliance with SBCFPD and Federal procurement policies and
requirements.
I. Deliver the Equipment to participating Regional Partners.
J. Maintain documentation of any changes to the award and/or distribution, compared to the
original application.
K. Ensure invoice, payment and compliance of all Regional Partners included in the grant.
L. Ensure that all activities comply with the terms of the Notice of Funding Opportunity grant
award agreement, federal regulations (including, but not limited to, 2 C.F.R. Part 200), laws,
and Executive Orders as applicable.
M. Costs that may be reimbursed under this MOU do not include Research and Development
as defined in 2 CFR 200.87 nor do they include indirect costs.
MOU REGIONAL FY2020 AFG RADIO GRANT SBCFPD HOST
V Responsibilities of All Regional Partners
Each Regional Partner will:
A. Provide funding for 15% (for its share) of the matching cost for Equipment to be purchased.
Share of cost shall be paid upon receipt of invoice from SBCFPD, in advance of Equipment
procurement.
B. Provide the following assigned liaison(s):
1 Project Lead: primary point of contact, responsible for the Equipment.
2. Fiscal Lead: contact responsible for accounting, fiscal reporting and payments.
C. Promptly provide any additional documentation to SBCFPD as requested that may be
necessary in connection with the grant.
D. Ensure that all documents demonstrating programmatic completion are completed in a
timely manner are accurate, and forwarded to SBCFPD contact.
E. Maintain all Equipment and grant records, files, and supporting documentation in the event of an
audit by SBCFPD the State or the United States Government for at least three years or longer
(as provided in the Notice of Funding Opportunity) after the official grant closeout. This
paragraph shall survive termination of the MOU
F Ensure that all activities comply with the terms of the host/lead agency Notice of
Funding Opportunity grant award (including, but not limited to, 2 C.F.R. Part 200), federal
regulations, laws, and Executive Orders as applicable.
G. Each Regional Partner hereby waives and releases SBCFPD and its officers,
employees, agents, and volunteers, from all known and unknown claims,
liabilities, damages, causes of action, with respect to any Equipment procured
under this MOU. The Regional Partners hereby acknowledge and expressly waive
the protections of California Civil Code section 1542 which states:
A general release does not extend to claims which the creditor does
not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor
This paragraph shall survive termination of the MOU.
VI. Duration of the MOU
A. This MOU shall take effect on the date it is signed and approved by authorized representatives
of all parties to the MOU
B. Except as otherwise provided in this MOU this MOU shall terminate: 1) on the date FEMA notifies
SBCFPD that Regional Partners were not awarded a FY 2020 AFG grant for the purposes
described in this MOU; or 2) if awarded a FY 2020 AFG grant, when all AFG Program obligations
requiring action by SBCFPD have been completed upon closeout of the AFG Program grant.
C. A Regional Partner may terminate its participation in the MOU at any time prior to SBCFPD ordering
the Equipment by providing SBCFPD's Project Lead written notification. Termination by an
individual Regional Partner shall not terminate this MOU between the non -terminating Parties.
D. This MOU may also be terminated immediately in whole or in part by SBCFPD in the event of a
breach of the Agreement terms by any Regional Partner In such event, SBCFPD shall be
entitled to pursue any available remedies authorized by law or regulations.
VII. Budget and Eauioment Allocation
MOU REGIONAL FY2020 AFG RADIO GRANT SBCFPD HOST
from any and all claims, actions or losses, damages, and/or liability resulting from SBCFPD's negligent
acts or omissions which arise from SBCFPD's performance of its obligations under this MOU
Each Regional Partner agrees to indemnify, defend (with counsel reasonably approved by SBCFPD),
and hold harmless SBCFPD and its officers, employees, agents, and volunteers from any and all claims,
actions or losses, damages, and/or liability resulting from each Regional Partner's negligent acts or
omissions which arise from each Regional Partner's performance of its obligations under this Agreement
In the event SBCFPD and/or any Regional Partner is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement, SBCFPD
and/or Regional Partner shall indemnify the other to the extent of its comparative fault
Each Regional Partner warrants that through their respective programs of self-insurance and/or
insurance, they each have adequate coverage or resources to protect against liabilities arising out of
performance of the terms, conditions or obligations of this MOU
Each Regional Partner agrees to waive all rights of subrogation against the other Regional Partners
The indemnity and insurance provisions of this MOU shall survive the termination of this MOU
XIV. Debarment
Each party to this MOU certifies that neither it nor its principals or subcontracts is presently disbarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency (See the following United States General Services
Administration's System for Award Management website https //www sam (Jov) Any contracts funded by
this MOU shall be with vendors that meet this certification
XV Additional Terms and Conditions
A. This MOU shall be governed by the laws of the State of California Any action or proceeding
between the Regional Partners concerning the interpretation or enforcement of this MOU, or
which arises out of or is in any way connected with this MOU, shall be instituted and tried in the
appropriate state court in the County of San Bernardino, California
B During the term of this MOU, the Regional Partners shall not discriminate against any employee
or applicant for employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression sexual orientation age, or military and veteran
status Regional Partners shall comply with Executive Orders 11246, 11375, 11625, 12138,
12432, 12250, 13672, Title VI and Title Vil of the Civil Rights Act of 1964, the California Fair
Employment and Housing Act and other applicable Federal, State and County laws and
regulations and policies relating to equal employment and contracting opportunities, including
laws and regulations hereafter enacted
C If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this MOU is or
shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and
shall in no way affect or impair the validity of this MOU or any other portion thereof
D. Time is of the essence for each and every provision of this MOU
B Since the parties or their agents have participated fully in the preparation of this MOU, the
language of this MOU shall be construed simply, according to its fair meaning, and not strictly for
or against any party
MOU REGIONAL FY2020 AFG RADIO GRANT SBCFPD HOST
F No waiver of any default shall constitute a waiver of any other default or breach, whether of the
same or other covenant or condition. No waiver benefit, privilege, or service voluntarily given or
performed by a party shall give the other party any contractual rights by custom, estoppel, or
otherwise.
G. Nothing contained in this MOU shall be construed as a relinquishment of any rights now held by
the SBCFPD
H. The parties' actions under this MOU shall comply with all applicable laws, rules, regulations, court
orders and governmental agency orders. If a provision of this MOU is terminated or held to be
invalid, illegal or unenforceable, the validity legality and enforceability of the remaining provisions
shall remain in full effect.
I. This MOU is not assignable by any party whether in whole or in part, without the consent of the
other parties.
J. If any legal action is instituted to enforce any party's rights hereunder each party shall bear its
own costs and attorneys' fees, regardless of who is the prevailing party This paragraph shall not
apply to those costs and attorney fees directly arising from a third -party legal action against a
party hereto and payable under Section XIII.
K. In the event of a problem or potential problem that could impact the quality or quantity of work,
services, or the level of performance under this MOU the party with the problem or potential
problem shall notify the other party within one (1) working day in writing and by telephone.
L. The parties shall make all reasonable efforts to ensure that none of their officers or employees,
whose positions in their entities enable them to influence any award of this MOU or any competing
offer shall have any direct or indirect financial interest resulting from the award of this MOU or
shall have any relationship to the other parties or officer or employee of the other parties.
M. The parties shall not offer (either directly or through an intermediary) any improper consideration
such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or
any items of value to any officer employee or agent of the other party in an attempt to secure
favorable treatment regarding this MOU The parties, by written notice, may immediately
terminate this MOU if it determines that any improper consideration as described in the preceding
paragraph was offered to any officer employee or agent of the other party with respect to the
proposal and award process. This prohibition shall apply to any amendment, extension or
evaluation process once a contract has been awarded. The parties shall immediately report any
attempt by an officer employee or agent of the other party to solicit (either directly or through an
intermediary) improper consideration from the party The report shall be made to the supervisor
or manager charged with supervision of the employee or to the County Administrative Office. In
the event of a termination under this provision, the parties are entitled to pursue any available
legal remedies.
N. No news releases, advertisements, public announcements or photographs arising out of this
MOU or the parties' relationship with each other may be made or used without prior written
approval of SBCFPD
O. This MOU and any other documents incorporated herein, represents the final, complete and
exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations
or representations relating to the subject matter of this MOU not expressly set forth herein are of
no force or effect. This MOU is executed without reliance upon any promise, warranty or
MOU REGIONAL FY2020 AFG RADIO GRANT SBCFPD HOST
representation by any party or any representative of any party other than those expressly
contained herein Each party has carefully read this MOU and signs the same of its own free will
p This MOU may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, and such counterparts shall together constitute one and the same
MOU The parties shall be entitled to sign and transmit an electronic signature of this MOU
(whether by facsimile, PDF or other email transmission), which signature shall be binding on the
party whose name is contained therein Each party providing an electronic signature agrees to
promptly execute and deliver to the other party an original signed MOU upon request
IN WITNESS WHEREOF, the parties have each caused this MOU to be subscribed by their respective duly
authorized officers, on its behalf
San Bernardino County Fire Protection District E N Apple
33alley Fire Protection District
EIN #95-6002748
Signature
Date Signature Date
Curt Hagman, Chairman James Peratt, Interim Fire Chief
Chino Valley Independent Fire District City of Colton Fire Department
EIN #33-0469716 ELN # 95-6000694
Signature Date Signature Date
Tim Shackelford Fire Chief Tim McHargue, Fire Chief
City of Loma Linda Fire Department Rancho Cucamonga Fire Protection District
EIN #95-2662323 EIN # 93-1004532
Signature
Dan Harker Fire Chief
Date
Signature Date
Ivan Rojer Fire Chief
City of Redlands Fire Department City of Rialto Fire Department
EIN #95-601e766 %%7 EIN # 95-6000768
a . re Date
22 7j
Signature Date
Jim Topoleski Fire Chief Brian Park Interim Fire Chief
110.
Running Springs Fire Department Yermo-Calico Fire Department
EIN #95-6006680 EIN # 85-2084425
Signature Date Signature Date
Michael Vasquez Fire Chief James Brakebill Fire Chief
MOU REGIONAL FY2020 AFG RADIO GRANT SBCFPD HOST
MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT APPLE VALLEY FIRE PROTECTION
DISTRICT CHINO VALLEY INDEPENDENT FIRE DISTRICT CITY OF COLTON FIRE DEPARTMENT CITY OF LOMA LINDA FIRE DEPARTMENT RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT CITY OF REDLANDS FIRE DEPARTMENT CITY OF RIALTO FIRE DEPARTMENT RUNNING SPRINGS FIRE
DEPARTMENT AND THE YERMO-CALICO FIRE DEPARTMENT
EXHIBIT A
Fire Jurisdictions
Population
(POP)
Number of
Percentage Amount Adjusted Total Match
based on POP Distributed Radios Per Radios Amount 15%
Population
Apple Valley Protection District
74,394
4 45%
124,394.25
14.3
16
$18,188.66
Chino Valley Independent Fire
District
174,193
1041%
291,268..23
33.4
14
$15,915.08
Colton Fire Department
54 118
3.23%
90,490 74
10 4
12
$13,641.50
Loma Linda Fire Department
24,535
1 47%
41,024.99
4 7
7
$7,957.54
Rancho Cucamonga Fire
Protection District
175,522
10.49%
293,490.45
33.7
34
$38,650.90
Redlands Fire Department
70,952
4.24%
118,638.88
13.6
15
$17,051.87
Rialto Fire Department
104,553
6.25%
174,823.14
20.1
21
$23,872.62
Running Springs Fire
Department
4,862
0.29%
8,129 75
0.9
5
$5,683.96
San Bernardino County Fire
Protection District
988,811
59 10%
1,653,391.50
189.7
192
$218,263.93
Yermo-Calico Fire Department
1,191
0.07%
1,991 47
0.2
5
$5,683.96
Total
1,673,131
2,797,643.40
321
321
$364,910.01
MOU REGIONAL FY2020 AFG RADIO GRANT SBCFPD HOST