HomeMy WebLinkAboutNextGenRCS Regional Communications System; 2013-12-03;Agreement
Between and Among the County of San Diego
and
Participating Cities and Jurisdictions
Regarding the Next Generation Regional Communication System
Providing Communication Services to Public Safety and Public Service Agencies
Operating in San Diego County and Imperial County
{"NextGen RCS Agreement")
1. THE 1995 RCS AGREEMENT; TRANSITION TO NEXT GENERATION RCS
1.1 The 1995 RCS Agreement. Effective March 7,1995, the County of San Diego
("County") and certain local governments and agencies entered into an agreement entitled the
"San Diego County - Imperial County Regional Communications System Agreement Between
the County of San Diego and Participating Cities and Jurisdictions Regarding the
Implementation, Governance, Method of Funding and Costs of a Regional Radio System
Providing Communication Services to Public Safety and Public Service Agencies Operating in San
Diego County and Imperial County" (referred to as the "1995 RCS Agreement," a copy of which
is attached as Exhibit A. Additional local governments and agencies signed onto the 1995 RCS
Agreement, and all original and additional signatories (referred to as "1995 RCS Parties") are
listed in Exhibit B. The 1995 RCS Agreement provides forthe operation of a regional
communication system by the County through its Sheriffs Department with the financial
contribution ofthe 1995 RCS Parties. Other agencies and entities ("Customers") are allowed to
use the RCS, upon recommendation by the RCS Board of Directors, through contracts with the
County wherein a Customer pays fees as approved by the Board of Directors, with the revenues
from such contracts flowing to the RCS Operating Account and RCS Trust Fund maintained by
the County.
1-2 1995 RCS Governance. The 1995 RCS Agreement establishes a governance
structure wherein the County, through the Sheriffs Department Wireless Services Division,
operates and maintains the RCS with other County departments providing additional
administrative support, and the County Board of Supervisors having ultimate fiscal and
operational control over the RCS. The 1995 RCS Agreement establishes an RCS Board of
Directors to make recommendations to the Board of Supervisors.
NextGen RCS Agreement Page 1 of 19 December 3,2013
1
1.3 1995 RCS Fiscal Components. There are three basic fiscal components to RCS
Party participation in the 1995 RCS Agreement and use ofthe RCS: (1) contribution to the
construction ofthe RCS "backbone", (2) monthly operating charges, and (3) each RCS Part/s
own equipment and certain infrastructure costs. 1995 RCS Parties have paid or are paying their
contribution to the backbone construction through several fiscal vehicles, including financing
provided by the County and County Service Area (CSA) 135, formed pursuant to Government
Code section 25210 et. seq. Relevant actions pertaining to CSA 135 include, but may not be
limited to the following: In Fiscal Years 1995-1996 and 1996-1997, pursuant to Government
Code section 25210.77a (repealed 2009), the County levied parcel charges for CSA 135. On June
2,1998, voters in three cities approved special taxes without sunset dates to replace the parcel
charges as follows: The City of Poway (CSA 135 Zone F) - Proposition J; The City of Del Mar (CSA
135 Zone B) -Proposition F; The City of Solana Beach (CSA 135 Zone H) - Proposition L.
1.4 1995 RCS Agreement Extensions. On May 5,2009 (Minute Order No. 2) on
recommendation ofthe RCS Board of Directors, the County Board of Supervisors approved the
extension ofthe RCS Agreement to March 31, 2013. On August 7, 2012 (Minute Order No. 1),
again on recommendation ofthe RCS Board of Directors, the County Board of Supervisors
approved the extension ofthe 1995 RCS Agreement to March 31, 2016 in order to allow
sufficient time to transition to a new or "next generation" ("NextGen RCS") replacement
regional communication system and to develop a new participating agency agreement
governing the new system.
1-5 Next Generation Regional Communication Svstem ("NextGen RCS"). The
transition from the existing RCS to the NextGen RCS is to be implemented and facilitated by this
NextGen RCS Agreement and will occur over the course of approximately five years as follows:
The County intends to issue the Request for Proposals for the NextGen RCS ("NextGen RFP")
near the middle of calendar year 2014, close NextGen RFP responses by end of calendar year
2014, and award the NextGen RCS Contract in mid-2015. It is further anticipated that while
performance on the NextGen RCS Contract will begin shortly thereafter, infrastructure and
equipment replacement ofthe RCS by the NextGen RCS will begin in early 2016. It is
anticipated that NextGen RCS installation will be completed in late 2018.
1.6 NextGen RCS Agreement; Purpose. The purpose of this NextGen RCS Agreement
is to establish a degree of certainty among all Parties to the 1995 RCS Agreement and additional
parties as to participation and partnership in the NextGen RCS. Such degree of certainty is
necessary because the County, as the contracting and administering entity, must issue the
Request For Proposals ("NextGen RCS RFP") in 2014, and the scope of work, funding and
financing discussions require a framework for participation be in place. This NextGen RCS
Agreement also provides incentive for 1995 RCS Parties to execute this NextGen RCS
NextGen RCS Agreement Page 2 of 19 December 3,2013
Agreement and become NextGen RCS Parties, indicating their good faith intention to
participate, by establishing late joining penalties as set forth in section 3 ofthis NextGen RCS
Agreement.
1.7 Transition from 1995 RCS Agreement. The purposes of this NextGen RCS
Agreement include establishing participation in the sharing of NextGen RCS Shared Backbone
Infrastructure costs and NextGen RCS governance. Given that the transition from the RCS to the
NextGen RCS will occur in stages and over time, the NextGen RCS Parties agree that the 1995
RCS Agreement shall continue to be operative and govern the operation, maintenance,
governance and administration ofthe RCS system until such time as the 1995 RCS Agreement
expires in 2016, except as follows: This NextGen RCS Agreement will govern with respect to
matters pertaining to setting NextGen RCS performance objectives, NextGen RCS
implementation planning, and other matters that may relate to the NextGen RCS after
transition from the RCS Is complete. Upon expiration ofthe 1995 RCS Agreement, this NextGen
RCS Agreement shall govern the RCS as it evolves to the NextGen RCS. Thus, from the execution
ofthis NextGen RCS Agreement to the expiration ofthe 1995 RCS Agreement, there will be, to
the extent required by the foregoing, dual governance structures, including dual boards of
directors, which may or may not have members in common.
1.8 NextGen RCS Agreement: Authority. On December 3,2013 (Item No. 6), the
Board of Supervisors authorized the Clerk ofthe Board to execute this NextGen RCS Agreement
on behalf of the County. Each other NextGen RCS Party was authorized to enter into this
NextGen RCS Agreement as indicated on their individual signature page.
2. NEXTGEN RCS OVERVIEW
2.1 1995 RCS. The RCS replaced the participating public service and public safety
agencies' existing radio communication systems throughout San Diego and Imperial counties
with what was at the time a modern, trunked radio system.
2.2 NextGen RCS. The NextGen RCS will replace, modernize and update the RCS and
shall provide effective and reliable voice radio communications for routine intra- and inter-
agency operations as well as inter-agency communications throughout the region during
mutual aid and disaster operations. The NextGen RCS will include the following subsystems: a
new trunked voice system, new microwave backhaul network, and a conventional voice system.
2.2.1 Trunked Voice Svstem Description. The Trunked Radio System consists of
the radio transmission equipment located at remote radio sites and the centralized system
networking and management equipment necessary to provide voice radio services to the
participating agencies in the RCS service area.
NextGen RCS Agreement Page 3 of 19 December 3,2013
2.2.2 Microwave Backhaul Networic Description. The Microwave Backhaul
Network consists ofthe point-to-point radio and data switching equipment necessary to
interconnect the sites where components ofthe trunked radio system and conventional radio
systems (network hub and remote radio sites) are located.
2.2.3 Conventional Voice Svstem Description. The Conventional Voice System
consists of non-trunked ("conventional") radio base station equipment installed at remote radio
sites to support voice radio communications between users of the RCS trunked radio system
and non-RCS user agencies as required in day-to-day, mutual aid and disaster operations. The
conventional voice system also provides limited backup voice communications capability in the
event of a trunked system failure.
2.3 "Public Safety*' and "Public Service" Agencies Defined
2.3.1 Public Safety agencies include all public law enforcement, fire service, EMS
and disaster preparedness agencies in San Diego County and Imperial County.
2.3.2 Public Service agencies includes the State of California Department of
Transportation (Caltrans) District 11 and other participating public agencies in the counties of
San Diego and Imperial whose primary responsibility is providing citizens with services other
than law enforcement, fire service, EMS, and disaster preparedness. Public Service agencies
may also include Private-Non-Profit agencies operating under an agreement with a public
agency.
2.4 Mutual Aid Communications. All law enforcement, fire service, EMS, disaster
preparedness and participating public service agencies In San Diego County and Imperial County
shall have access to mutual aid communications capabilities.
3. NEXTGEN RCS PARTICIPATION PARAMETERS AND CONTINGENQES
3.1 Time Is Of The Essence. Due to the aging of the RCS, time is of the essence in the
deployment ofthe NextGen RCS. Due to the anticipated construction time, the County intends
to issue the NextGen RFP near the middle of calendar year 2014, close NextGen RFP responses
by the end of 2014, and award the NextGen Contract in mid-2015. In order to provide a
measure of confidence that there will be a certain level of participation and sharing in the
NextGen RCS Shared Infrastructure Cost (See section 11.2), and to provide a minimal degree of
certainty to the County of San Diego before it undertakes the extensive task of preparing and
issuing a request for proposals or other form of solicitation to potential vendors of the NextGen
RCS, the County has asked, and the NextGen RCS Parties have agreed to the participation
parameters herein.
NextGen RCS Agreement Page 4 of 19 December 3,2013
(0
3.2 Signing Deadline. 1995 RCS Parties and other local governments and agencies
that desire to be NextGen Parties must sign this NextGen RCS Agreement no later than March
31, 2014.
3.3 Late Signers; Penalties. 1995 RCS Parties or other local governments or agencies
who have not signed the NextGen RCS Agreement by March 31,2014 will be allowed to later
sign onto the NextGen RCS Agreement and become NextGen RCS Parties during the period April
1,2014 to July 31, 2014; however, such late-joining NextGen RCS Parties ("late signers") will pay
their NextGen RCS Shared Infrastructure Cost they would have paid had they executed this
NextGen RCS Agreement by March 31, 2014, plus a late penalty amounting to 15% of the
original participation share. Penalty fees will be handled according to Section 3.5.
3.3.1 1995 RCS Parties or other local governments or agencies who have not
signed the NextGen RCS Agreement by July 31, 2014, will be allowed to sign onto the NextGen
RCS Agreement and become NextGen RCS Parties until January 1,2015; however, such late-
joining NextGen RCS Parties (also "late signers") will pay the NextGen RCS Shared Infrastructure
Cost they would have paid had they executed this NextGen RCS Agreement by March 31,2014,
filus a late penalty amounting to 25% ofthe original participation share.
3.4 Final Cut Off. No 1995 RCS Parties or other local governments or agencies will be
allowed to sign onto the NextGen RCS Agreement and become NextGen RCS Parties after
January 1,2015.
3.5 Disposition of Penalties Collected. Late penalties will be deposited to the
NextGen RCS Trust Fund.
3.6 Financing. For NextGen RCS Parties that choose not to pay their share of the
total NextGen RCS Shared Infrastructure Cost in total within sixty days ofthe issuance of the
revised Exhibit C and prior to contract award, which is anticipated to occur in the spring or
summer of 2015, a financing mechanism will be determined and made available by the County.
Nothing in this section prohibits any NextGen RCS Parties from pursuing and obtaining their
own financing. Payment and financing agreements will be separate and apart from this
NextGen RCS Agreement. Financing mechanisms will not be available to pay for late signing
penalties.
3.7 Contingencies. To facilitate the execution of this NextGen RCS Agreement, it is
understood that a NextGen RCS Party may choose to be excused from performing under this
NextGen RCS Agreement If any of the following contingencies are not met:
3.7.1 Vendor Contract - A contract must be awarded pursuant to the County's
NextGen RCS RFP or other solicitation.
NextGen RCS Agreement Page 5 of 19 December 3,2013
ll
3-7.2 Countv Funding. Funds for the County to undertake the NextGen RCS
project must exist.
3.7.3 Actual Shared Infrastructure Costs. The total NextGen RCS Shared
Infrastructure Costs, as determined by the vendor contract, does not exceed the budgetary
estimate in Exhibit C by more than 10 percent (10%).
4. SCOPE OF AGREEMENT; CERTAIN REQUIREMENTS
4.1 NextGen RCS Parties. The purpose of the NextGen RCS and NextGen RCS
Agreement is to provide a next generation communications system that provides optimum
service to the NextGen RCS Parties. To that end, the NextGen RCS will be designed to provide
optimum required service. Additionally, the NextGen RCS Parties, while executing this NextGen
RCS Agreement, do not intend to cede any of their constitutional or statutory autonomy.
4.2 Frequency Licensing Or Transfer. NextGen RCS Parties shall co-license or
transfer their currently allocated 800 MHz frequencies to the County of San Diego for use In the
NextGen RCS.
5. NEW NEXTGEN PARTIES
5.1 "New Parties" are defined as public safety and public service agencies that are
not "1995 RCS Parties". New Parties will be allowed to participate in this agreement and
become a NextGen RCS Party.
5.2 If participation by a New Party requires enhancement or expansion of coverage
beyond what Is provided by the existing RCS on the effective date ofthis NextGen RCS
Agreement, the New Party shall pay the costs associated with such enhancement or expansion,
separate and apart from the financial responsibilities addressed in this NextGen RCS
Agreement.
5.3 For informational purposes only that may be of benefit to the 1995 Parties, the
County has identified potential New Parties and they are listed in Exhibit D.
6. NEXTGEN RCS PERFORMANCE REQUIREMENTS
6.1 Reliability. The NextGen RCS shall be designed to provide a high level of
redundancy and reliability to support mission critical public safety communications. The overall
system availability design objective shall be 99.999%. (Note: 99.999% system availability is the
public safety "best practice" design objective; it is not a formally adopted standard.)
NextGen RCS Agreement Page 6 of 19 December 3, 2013
1'^
6.2 Design Obiectives. The NextGen RCS design objectives for the performance of
portable and mobile voice and the quality of coverage provided shall be determined by the
NextGen RCS Board of Directors and appropriate County of San Diego staff.
6.3 Loading Requirements. The NextGen RCS shall be designed to meet the loading
requirements of the anticipated busiest hour for all planned users over the life of the system.
6.4 Coverage Plan. The goal of the NextGen RCS is to provide the same general
coverage footprint as is provided by the existing RCS and to correct existing deficiencies where
practicable. The actual NextGen RCS radio service coverage plan shall be determined by a
NextGen RCS Project Management Office to be created by the Sheriffs Department and with
the consultation ofthe NextGen RCS Board of Directors.
7. NEXTGEN RCS ACCESS PRIORITIES
7.1 User Prioritization. In the event that all radio channels in the RCS are busy, users
wanting to speak shall be prioritized as follows, regardless of how long they have been waiting:
7.1.1 Priority One - Emergency Identification. An Emergency Identification is
defined as the message received when a public safety member calls for immediate assistance
by activating an emergency button or switch on the user radio equipment.
7.1.2 Priority Two - Public Safety
7.1.2.1 - Public Safety includes the normal daily radio transmissions of
law enforcement, fire service, paramedic providers and disaster preparedness personnel using
the RCS.
7.1.2.2 - Public Safety also includes RCS users whose normal lower
priorities have been temporarily changed to resolve an unusual occurrence or large scale
disaster.
7.1.3 Priority Three - Non-Public Safety. Special Eyent. Non-Public Safety,
Special Event includes planned events involving public service agency participants that are
beyond the scope of their normal daily operations.
7.1.4 Priority Four - Non-Public Safety. Regular. Non-Public Safety, Regular
includes the normal daily radio transmissions of public service agencies using the system.
8. NEXTGEN RCS GOVERNANCE; CONTINUED RCS GOVERNANCE
8.1. Limited Period Of Concurrent Governance. It is the intent of the NextGen RCS
Parties that there shall be concurrent operation of, and governance by, this NextGen RCS
NextGen RCS Agreement Page 7 of 19 December 3, 2013
Agreement and the 1995 RCS Agreement during the construction ofthe NextGen RCS, as set
forth in Section 1.7 above.
8.2 Generai NextGen RCS Governance Structure. The County of San Diego Sheriffs
Department will operate and maintain the NextGen RCS. Other departments of the County of
San Diego will provide support as necessary. As the governing body for the County, the Board of
Supervisors shail have ultimate fiscal and operational control over the NextGen RCS and shall be
ultimately responsible forthe overall administration and direction ofthe RCS through
interaction with the NextGen RCS Board of Directors, the assigned San Diego County staff and
the NextGen RCS Parties.
9. NEXTGEN RCS BOARD OF DiREaORS
9.1 Representation. There shall be a NextGen RCS Board of Directors, subject to the
Ralph M. Brown Act (California's Open Meeting Law), that shall be the advisory body to the
Board of Supervisors with respect to matters concerning the NextGen RCS, and shall make
recommendations to the Board of Supervisors that serve the interest of aii NextGen RCS
Parties.
Except as noted below, the Board of Directors shall be composed of 10 (ten) directors
representing public safety and public service agencies as outlined below:
County of San Diego (ONE)
City Manager (ONE)
San Diego County Sheriffs Department (ONE)
San Dlego County Municipal Police Department (ONE)
San Dlego County Fire Agencies (TWO)
Imperial Valley Emergency Communications Authority (TWO)
State of California Department of Transportation (ONE)
Schools Group (ONE)(Schools Group membership on the Board requires that at least
four school districts are NextGen RCS Parties)
9.2 Members. Members of the NextGen RCS Board of Directors shall be determined
in the following manner, according to the type of agency.
NextGen RCS Agreement Page 8 of 19 December 3,2013
9.2.1 County of San Diego. The representative for the County of San Diego
shall be the Deputy Chief Administrative Officer for Public Safety or his/her designee, preferably
the Director of the Office of Emergency Services.
9.2.2 Citv Manager. The City Manager representative shall be a City Manager
of a NextGen RCS agency selected by the San Diego City/County Managers Association.
9.2.3 Sheriffs Department. The delegate from the San Diego Sheriffs
Department shall be the Sheriff or the Sheriffs designee.
9.2.4 Police. The municipal police representative shall be a police chief or
designate from a NextGen Party municipal police department who shall be selected by the San
Diego County Police Chiefs' and Sheriffs Association.
9.2.5 Fire. The two fire service representatives shall be fire chiefs or designees
from NextGen RCS Party fire departments or flre services who shall be selected by the San
Diego County Fire Chiefs' Association.
9.2.6 Imperial Vallev Emergency Communications Authority fiVECA'*). IVECA
shall designate two members of its Board of Directors to serve on the NextGen RCS Board of
Directors.
9.2.7 Caltrans. The representative for Caltrans shall be selected by appropriate
state authority.
9.2.8 Schools Group. The representative from the RCS Schools Group shall be
selected by mutual agreement (or majority vote) ofthe superintendents ofthe member school
districts.
9.3 Responsibiiities ofthe NextGen RCS Board of Directors. Responsibilities shall
include but not be limited to:
• Adopting by-laws to govern the NextGen RCS Board of Director's internal
operations, consistent with the provisions of this Agreement.
• Meeting quarterly or more frequently, if necessary.
• Developing and approving NextGen RCS operating policies and procedures.
• Identifying participating agency needs and requirements.
• Addressing concerns of participating agencies.
NextGen RCS Agreement Page 9 of 19 December 3,2013
1^
• Reviewing and adopting recommendations regarding the establishment of
system priorities and talk groups.
• Establishing subcommittees as necessary to ensure the interests and
concerns of NextGen RCS Parties are represented and to ensure technical
Issues are thoroughly researched.
• Formulating the annual budget and submitting it to the County Board of
Supervisors, via the Sheriffs Department, for approval.
• Monitoring the implementation ofthe NextGen RCS.
• Conducting programmatic reviews.
• Overseeing the establishment of long range plans.
• Making recommendations to the County Board of Supervisors.
• Making recommendations concerning the approval of customer contracts
and rates for NextGen RCS services.
9.3.1 Board Transition. As set forth in Section 1.6 and 1.7, upon expiration of
the 1995 RCS Agreement, the NextGen RCS Board of Directors shall have all the responsibilities
set forth in this section also with respect to the RCS as it transitions to the NextGen RCS.
9.4 NextGen RCS Board of Directors Terms and Qualifications
9.4.1 Written Designation. Members of the NextGen RCS Board of Directors
("NextGen RCS Directors") shall be designated in a writing submitted to the Sheriffs
Department by their respective NextGen RCS Party appointing authority. The term for each
NextGen RCS Director shall be determined by her or his respective appointing authority
provided, however, that each NextGen RCS Director shad at all times be an incumbent of a
NextGen RCS Party. All NextGen RCS Directors serve at the pleasure of their appointing
authority.
9.4.2 Alternates. The NextGen RCS Party appointing authority shail also select
an alternate to the NextGen RCS Directors. Alternate members are encouraged to attend
NextGen RCS Agreement Page 10 of 19 December 3,2013
regular Board of Directors meetings, but shall vote only in the absence ofthe primary NextGen
RCS Director. No proxy voting is allowed.
9.4.3 Chairperson and Vice-Chairperson. The Chairperson and a Vice
Chairperson ofthe NextGen RCS Board of Directors shatl be biennially elected by a majority
vote ofthe NextGen RCS Directors. The Chairperson and Vice Chairperson shall serve at the
discretion of a majority of the NextGen RCS Directors, i.e., they may be replaced at any time by
a majority vote ofthe NextGen RCS Directors. The Chairperson and Vice-Chairperson shall be
selected from members representing NextGen RCS Parties other than IVECA, Caltrans and the
Schools Group. For a NextGen RCS Board of Directors meeting to occur, either the Chairperson
or Vice-Chairperson, and not their alternates, must be present.
9.5 Attendance at NextGen RCS Board of Directors meetings
9.5.1 NextGen RCS Directors are expected to attend all possible meetings to
represent their group interests and to help conduct NextGen RCS business. Arrangements
should be made forthe alternate to attend in the absence ofthe primary representative.
9.5.2 The NextGen Board of Directors shall develop and promulgate a policy
relating to attendance and absences by Directors and alternates.
9.5.3 Resignation from the NextGen RCS Board of Directors shall be submitted in
writing to the chairperson and to the appointing authority.
9.6 NextGen RCS Board of Directors Voting
9.6.1 Members ofthe NextGen RCS Board of Directors and committees formed
by NextGen RCS Board of Directors ("committees") shall vote on all items on the basis of one
vote per member.
9.6.2 A quorum for the conduct of business exists when six (6) of the members
are present at NextGen RCS Board of Directors meetings and three (3) ofthe six present
represent NextGen RCS Parties other than IVECA, Caltrans or the Schools Group.
9.6.3 For any action to be taken by the Board of Directors, the vote in favor of
the action must be a majority vote ofthe members ofthe Board of Directors present.
10. SHERIFF'S DEPARTMENT; WIRELESS SERVICES DIVISION
10.1 Sheriffs Wireless Services Division ("WSD") staff shall serve as advisors and staff
to the NextGen RCS Board of Directors. The Manager of the WSD shall serve as the NextGen
RCS Manager.
NextGen RCS Agreement Page 11 of 19 December 3,2013
n
10.2 WSD staff shall manage the day-to-day operation and maintenance of the
NextGen RCS subject to direction from and review by the NextGen RCS Board of Directors.
10.3 WSD staff shall provide support as necessary, but shall not have a voting right on
any business before the NextGen RCS Board of Directors.
10.4 WSD staff shall perform the functions necessary to ensure that specific system
performance guarantees are maintained throughout the term ofthe agreement.
10.5 WSD Manager. As the manager and operator of the NextGen RCS, the Sheriff's
Department, and more specifically the WSD manager and staff, shall have the responsibility to:
10.5.1 Implement the NextGen RCS.
10.5.2 Seek NextGen RCS Board of Directors approval of major policy decisions.
10.5.3 Develop contracts with vendors.
10.5.4 Provide appropriate staff support to the NextGen RCS Board of Directors.
10.5.5 Retain employees and agents.
10.5.6 As authorized and limited by the County, acquire, hold or dispose of
property necessary to operate the NextGen RCS.
10.5.7 Charge participating agencies for expenses incurred in ongoing
maintenance and operation ofthe NextGen RCS.
10.5.8 Implement policy a set by the County, the Sheriff and the NextGen RCS
Board of Directors.
10.5.9 Monitor and maintain NextGen RCS performance.
10.5.10 In conjunction with the NextGen RCS Board of Directors, develop and
recommend the annual NextGen RCS budget to the County Board of Supervisors.
10.5.11 Reassign NextGen RCS priorities in extraordinary circumstances and
make emergency repairs as required.
10.5.12 Provide information and support as necessary to the NextGen RCS Board
of Directors.
10.5.13 Provide operating reports and technical information as necessary to
assist the NextGen RCS Board of Directors.
NextGen RCS Agreement Page 12 of 19 December 3,2013
1^
10.5.14 Establish and maintain accounts and records, including personnel,
property, financial, programmatic and other records deemed necessary by the NextGen RCS
Board of Directors to ensure proper accounting for all ongoing operations and maintenance
costs.
10.5.15 Use the records to justify any recommended adjustments to agency
monthly operating charges.
10.6 Notice of WSD Staff Changes. The Sheriffs Department shall provide the
NextGen RCS Board of Directors timely advance notice of impending personnel changes
affecting any management staff assigned NextGen RCS responsibilities.
11. INFRASTRUaURE, EQUIPMENT, SERVICES AND FISCAL ELEMENTS
11.1 Infrastructure. The NextGen RCS shall be divided into two infrastructure
components: (a) the "shared backbone infrastructure" and (b) the participating agencies'
infrastructure and equipment. These two parts are divided by a "line of demarcation" at the
NextGen RCS network connection, which is the microwave network or common carrier
termination point(s) used to interconnect the agency's radio consoles and other electronic
communications devices to the RCS network.
11.2 NextGen RCS Shared Backbone Infrastructure Costs. The NextGen RCS Shared
Backbone Infrastructure Cost is defined as the totai cost ofthe equipment and services
required to plan, design, procure and implement a P25 Trunked Voice Land Mobile Radio
System, Microwave Transport Network, and Mutual Aid Conventional Radio System. NextGen
RCS Shared Backbone Infrastructure costs shall not include agency equipment or services used
to connect to the NextGen RCS (such as agency owned microwave transport or leased
commercial connectivity), dispatch center equipment, and subscriber radios (mobile, portable,
control stations) and ancillary devices.
11.3 NextGen RCS Shared Backbone Infrastructure Cost Apportionment - Imperial
County Agencies. The NextGen RCS shall support NextGen Parties in both San Diego County
and Imperial County. In 1995, local government entities in Imperial County formed the
Imperial Valley Emergency Communications Authority (IVECA). IVECA was formed as a Joint
Powers Authority to provide public safety communications services to the residents of the
County of Imperial and its constituent cities. NextGen RCS Backbone Infrastructure costs for
Imperial County sites, except as noted in 11.3.2, shall be the responsibility of IVECA.
11.3.1 IVECA shall bear the full cost of and retain ownership of all infrastructure
installed in Imperial County which primarily supports IVECA agencies. IVECA shall also bear the
NextGen RCS Agreement Page 13 of 19 December 3, 2013
1^
cost for any software and licenses required to operate the IVECA infrastructure on the NextGen
RCS.
11.3.2 Costs for infrastructure installed at the two NextGen RCS sites that
border the two counties, Hendrix Peak and Superstition Mountain, will be apportioned
between San Diego County infrastructure costs and IVECA infrastructure costs based on talk
group usage ratio calculated for calendar year 2013.
11.3.3 IVECA shall be responsible for paying a proportional cost ofthe "RCS
Core" infrastructure equipment. The "RCS Core" is comprised ofthe computers networking
devices that manage and control the NextGen RCS. The proportion shall be based on the same
formula used to determine proportional costs for all SD County participating agencies (the
average number of subscriber radios each participating agency had active on the RCS on
September 1,2013 and July 1,2014 based on RCS billing invoices. The average number of
radios on the system on those dates will be measured against the total number of all
participating agency subscriber radios.)
11.3.4 The Request for Proposals issued by the County shall require responding
vendors to include a proposal for separate vendor financing for IVECA.
11.3.5 IVECA may be excused from performance under this NextGen RCS
Agreement If IVECA is unable to obtain financing on terms acceptable to IVECA.
11.4 San Diego County Agencies: Cost apportionment. NextGen RCS Shared
Backbone Infrastructure costs for San Diego County governments and agencies that are
NextGen RCS Parties but that are not members of the Imperial Valley Emergency
Communications Authority are as follows:
11.4.1 The NextGen RCS Parties agree that they must pay a proportional cost of
the NextGen RCS Shared Backbone Infrastructure costs.
11.4.2 NextGen RCS Parties further agree that they shall be responsible for
paying their one-time NextGen RCS Shared Backbone Infrastructure Cost as determined by the
apportionment model in Exhibit C, including any penalties for late signing, and any financing
cost.
11.4.3 Total cost for the NextGen RCS Shared Backbone Infrastructure
supporting San Diego County will be divided among all San Diego County NextGen RCS Parties.
The portion of the total cost allocated to each NextGen RCS Party will be based on the number
of radios each NextGen RCS Party has on the RCS, i.e., the "Radio Inventory Method" ("RIM").
In order to provide NextGen RCS Parties a pre-RIM calculation opportunity to make bona fide
NextGen RCS Agreement Page 14 of 19 December 3,2013
adjustments to their radio inventories based on their respective individual agency
requirements, the RIM calculation will be done as follows:
• Each NextGen RCS Party's radio inventory for purposes ofthe RIM calculation will be an
average ofthe number of subscriber radios each NextGen RCS Party had on the
RCS on September 1,2013 and July 1, 2014. The average number of radios over
those two dates will be measured against the total number of all participating
agency subscriber radios.
If two or more agencies consolidate, the active radio quantities will be combined
from each agency for the two dates listed above.
• For New Parties that did not have radios on the RCS prior to or on September 1,
2013, their radio inventory for purposes ofthe RIM calculation will be
determined by a review of the New Party's requirements for radio
communications services on the NextGen RCS in the future. The review shall be
conducted by County staff and presented to the RCS Board of Directors for
approval.
11.4.4 Subscriber Radio Inventory Reductions. Radios deactivated from the
RCS between May 1, 2013, and July 1,2014, will be permanently deprogrammed from the RCS
and will not allowed to be reactivated for use on the RCS or NextGen RCS except as direct one-
to-one replacements for radios that are lost or become nonfunctional.
11.5 Final Cost Apportionment Totals. After all NextGen Parties have signed the
agreement and after the final contract amount for the NextGen system has been determined,
the County will issue an amendment to this agreement to update Exhibit C. (See section 14.3.)
The amended Exhibit C will provide the final cost apportioned to each NextGen Party for shared
infrastructure costs based on the final contract cost and total number of radios (to calculate the
cost per radio). Exhibit C will include the September 1, 2013 and July 1, 2014 radio inventory
totals for each agency and the final average.
11.6 Connection Costs: Maintenance. All NextGen RCS Parties, including both San
Diego County and IVECA agencies, are responsible for all costs associated with procuring and
installing the equipment necessary to connect to the NextGen RCS network and Infrastructure
and ongoing costs of connecting to the NextGen RCS. This shall not include maintenance of
agency-owned microwave equipment used to connect to the NextGen RCS network which will
be performed by the Sheriffs Department as a component ofthe NextGen RCS microwave
network (supported by the NextGen RCS monthly operating fees).
NextGen RCS Agreement Page 15 of 19 December 3,2013
11.6.1 Maintenance and other costs associated with the provision of primary
and back up electrical power and other facility related costs in support of agency owned
equipment shall be the responsibility of the agency.
11.7 Agency Subscriber and Dispatch Equipment. Subscriber and dispatch equipment
are not part ofthe backbone infrastructure. The costs of purchasing, operating, and
maintaining P25 compatible radio equipment, P25-compatible dispatch equipment, and any
ancillary agency equipment is the sole responsibility of NextGen Parties.
11.8 Monthly Operating Fees
11.8.1 The costs of ongoing operations and maintenance ofthe trunked voice
radio system, microwave network, and conventional radio systems shall be allocated to the
participating agencies on a per radio basis.
11.8.2 The cost per radio shall be limited to those radios used on the NextGen
RCS during normal operations.
11.8.3 Radios temporarily added by an agency to handle a disaster or emergency
shall not be a part of determining the agency's ongoing NextGen RCS costs unless the radios are
retained for normal operations following resolution ofthe disaster or emergency.
11.8.4 The monthly per-radio network operating fee shall be in effect for a
period of one year and shall be adjusted annually to reflect actual costs.
11.9 Other Fees. User fees for as-needed services such as programing and de-
programing radios, training, or other services may be implemented by the NextGen RCS Board
of Directors as required.
11.10 NextGen RCS Reserve "Trust Fund"
11.11.1 The RCS TRUST FUND was established by the Board of Supervisors on
June 19,2001 (14) for the purpose of having funds available for contingencies and future RCS
upgrades, enhancements and eventual replacement.
11.12.2 Reserve funds, including interest, shall be maintained in the RCS Trust
Fund.
11.13.3 All excess monthly operating fee revenue shall be transferred to the RCS
Trust Fund at the close of each fiscal year.
NextGen RCS Agreement Page 16 of 19 December 3,2013
11.14.4 Other revenue from non-parties shall either be used for NextGen RCS
operations or may be directed to the RCS Trust Fund upon recommendation ofthe NextGen
RCS Board of Directors and approval ofthe Board of Supervisors.
11.15.5 The NextGen RCS Board of Directors shall recommend to the Board of
Supervisors the disbursement of money from the RCS Trust Fund as required.
12. PURCHASE OF NEXTGEN COMPATIBLE EQUIPMENT BY NEXTGEN PARTIES
12.1 Compatibility of Equipment Purchased Bv NextGen RCS Parties. It is the
responsibility of each NextGen RCS Party to ensure that when purchasing equipment to connect
to the NextGen RCS that such equipment is compatible. The NextGen RCS will be a "standards
based" P25 system which is compatible with subscriber radios and dispatch consoles from
numerous manufacturers provided the equipment has been tested and certified as being P25
compliant. NextGen RCS Parties may submit the specifications of equipment they intend to
purchase to the WSD for back up verification of compatibility. However, the County bears no
responsibility forthe purchase of incompatible equipment.
12.2 Contract "Piggybacking". The County agrees that it will endeavor to include a
"piggyback clause" in contracts into which it enters that involve NextGen RCS equipment. For
purposes ofthis NextGen RCS Agreement, a "piggyback clause" means written permission for
other government agencies to enter into contracts with the vendor on equally favorable or
better terms and conditions.
13. TERM OF AGREEMENT
13.1 The term of the Agreement is for twenty (20) years from the date of this
Agreement.
14. AGREEMENT MODIFICATION; ENTIRE AGREEMENT
14.1. Except as otherwise provided herein, all changes to the NextGen RCS Agreement
may only be amended in writing with the approval ofthe governing bodies of all parties to this
NextGen RCS Agreement. Prior to processing an amendment, a recommendation shall be
requested from the NextGen RCS Board of Directors.
14.2. Except as otherwise provided herein, this NextGen RCS Agreement constitutes the
entire agreement of the parties and any previous oral or written agreements are superseded by
this NextGen RCS Agreement except as provided for In this NextGen RCS Agreement, except to
the extent that (1) State or Federal agencies may require standard form contracts incorporating
the terms ofthis NextGen RCS Agreement, (2) supplemental agreements may be required
NextGen RCS Agreement Page 17 of 19 December 3,2013
relating to IVECA, and (3) separate agreements may be required related to financing and
frequency licensing or transfer.
14.3 Exhibit C Revisions. Notwithstanding any other provision of this NextGen RCS
Agreement, including but not limited to section 14.1, the NextGen Parties agree that, when
final system costs are known, the County is authorized by the NextGen RCS Parties to amend
Exhibit C ofthis NextGen RCS Agreement to reflect the final system costs in accordance with
the cost apportionment method described in section 11. The NextGen Parties agree that the
final Exhibit C as amended by the County and in accordance with the apportionment method
described in section 11 (see, in particular, section 11.5) shall be the legally-binding Exhibit C to
this NextGen RCS Agreement without further approval by the NextGen RCS Parties. The County •
shall distribute the amended final Exhibit C to the NextGen RCS Parties.
15. TERMINATION BY A NEXTGEN RCS PARTY OF ITS PARTICIPATION
15.1 Notice. In order to terminate participation prior to the end of the TWENTY year
term, the withdrawing agency must provide to the NextGen RCS Board of Directors and the
Sheriffs Department no less than a one year written notice of intent to terminate participation.
In the event there are extensions to the NextGen RCS Agreement, written notice of termination
must be given no less than 120 days prior to the end of the extension.
15.2 Conditions of Termination. A NextGen RCS Party may terminate pursuant to
Section 15.1 on the following conditions:
15.2.1 The terminating NextGen RCS Party must return to the Sheriffs
Department all County-purchased equipment unless the Sheriffs Department determines
otherwise.
15.2.2 The terminating NextGen RCS Party is responsible for any and ail NextGen
RCS debts attributable to that NextGen RCS Party, regardless of extra-contractual consequences
of termination, including but not limited to breach by the terminating NextGen Party of its own
financing obligations or CSA 135 obligations.
15.2.3 If a terminating NextGen RCS Party, brought frequencies to the NextGen
RCS, the terminating NextGen Party and the NextGen RCS Board of Directors shall negotiate in
good faith a settlement that either returns the same or equivalent operable frequencies to the
terminating NextGen Party, or provides equitable compensation if frequencies are left with the
NextGen RCS.
NextGen RCS Agreement Page 18 of 19 December 3,2013
16. GOVERNING LAW
This NextGen RCS Agreement shall be governed, interpreted, construed and enforced in
accordance with the laws ofthe State of California.
17. DISPUTE RESOLUTION
NextGen RCS Parties shall meet, confer and attempt In good faith to resolve any disputes
involving performance under this NextGen RCS Agreement. Disputes that are not resolved by the
NextGen RCS Parties shall, upon written request by any one ofthe NextGen RCS Parties involved in the
dispute, be submitted to non-binding mediation by a mediator agreed upon by the NextGen RCS Parties
Involved in the dispute. Ifthe NextGen RCS Parties involved in the dispute cannot agree on a mediator,
they shall ask the American Arbitration Association to appoint a mediator. Each party shall bear its own
costs of participating in the mediation.
18. SIGNATURE PAGES
Each signature page shall include a description and reference to the source of authority
for the person who is signing to execute contracts on behalf of their NextGen RCS Party. This
NextGen RCS Agreement may be executed in several counterparts, each of which shall be
deemed an original and all of which shall constitute but one and the same agreement.
NextGen RCS Agreement Page 19 of 19 December 3,2013
Signature Page to NextGen RCS Agreement
Name of Party: County of San Diego
Party Authorization and Acceptance
On December 3. 2013 (Date), Item or Agenda No. 6,
the San Dieoo Countv Board of Supervisors
(Name of Governing Body)
Authorized the Undersigned
to Accept, Agree to and Execute This NextGen RCS Agreement on behalf of the
Countv of San Dieoo
(Name of Party)
As reflected in the attached Minute Order or similar documentation ofthe action taken.
Typed Name and Title of Authorized Party Official:
Thomas J. Pastuszka
Clerk of the Board of Supervisors
Signature of Authorized Party Official:
Date of Signature:
Approv^ as to form and legality
Coui/ttvra^oiansei
Senior Deputy
A|ipioirad and/or authorized by ttw
Botitter SuptfviBorslof the qounty of S«n Oieao.
MMiing Oatorii ^\ \^ Minute Order No, ^
By: AIQC \fd)CL. Oate:J(}M^
Signature Page to NextGen RCS Agreement
Nameof Party:
C tTy OF CAdi^AQ
Party Authorization and Acceptance
On I-3^- l*i (Date), Item or Agenda No. A .
the Ciiy CA^^'^^>ftO CCr^ CooKJciL^
(Name of Governing Body)
Authorized the Undersigned
to Accept, Agree to and Execute This NextGen RCS Agreement on behalf of the
(Name of Party)
As reflected in the attached Minute Order or similar documentation of the action taken. Typed Name and Title of Authorized Party Official:
MATT / ^^yo^L.
Signature of Authorized Party Official:
Date of Signature:
APPROVED AS TO FORfA
List of Exhibits
Exhibit A San Diego County-Imperial County Regional Communications System Agreement of March 7,
1995
Exhibit B 1995 RCS Parties
Exhibit C Estimated RCS NextGen System Cost. (Includes Exhibit C-1, C-2, and C-3)
Exhibit C-1 Cost Apportionment for San Diego County Shared Infrastructure Per Party
Exhibit C-2 Cost Apportionment for RCS NextGen Core (Portion ofthe Shared Infrastructure Cost)
Exhibit C-3 Cost Apportionment for the Combined Infrastructure and RCS NextGen Core
Exhibit D Potential New RCS NextGen Parties
NextGen RCS Agreement December 3,2013
Exhibit A
"San Diego County-Imperial County Regional Communications System
Agreement of March 7,1995"
NextGen RCS Agreement December 3, 2013
Exhibit A
San Diego County - Imperial County
Regional Communications System
Agreement
Between the County of San Diego and Participating Cities and
Jurisdictions Regarding the Implementation, Governance, Method
of Funding and Costs of a Regional Radio System Providing
Communication Services to Public Safety and Public Service
Agencies Operating in San Diego County and Imperial County.
March 7,1995
3D
San Oitfo County-lnpiriaiCbiuity
San Diego County - Imperial County
REGIONAL COMMUNICATIONS SYSTEM AGREEMENT
Table of Contents
SECTION SUMMARY PAGE
1 Purpose and intent of Agreement 1
2. Reglonai Communications System (RCS) Overviaw 1
3. Agreement Contingencies 2
4. RCS Pardeipants 2
S. Additional Participants 2
6. Performance Requirements 3
7. RCS Access Piioridos 3
8. RCS Govemancs 3
a. Roles and Responsibilities 4
10. RCS number Board 4
11. RCS Board of Directors S
12. Representation on the RCS Board of Directors 7
IS. fiCS Board of Directors Terms and QuaiifUiations 8
14. Attendance and Participation by the Public 9
16. RCS Voting Requirements 9
te. Departtnent of informedon Services Support Staff Role 9
17. Agency Costs and CSA Beneiit Charges 10
18. Point of Demercatlon - Responsibility of Equipment 13
19. Purchase of RCS Compatible Equipment 13
20. Term of Agreement; Entire Agreement 13
21. Agreement Modification 13
22. Termination of Agreement 14
23. Binding Arbitration 14
Signatures Authorizing Signature of Goveming Patties IS'18
Exhibit "A" Parties to the Agreement
ExhibH"B" Estimated Agency One^Thne Costs (Voice and ikita)
Exhibit "C" Example of Esdmated Post Agreement Start-up Costs
B(hiblt "D" RCS Governance Structure Fiow Chart
3\
San Diego County--- Imparl County
REGIONAL COMMUNICATIONS SYSTEM
Participating Agency Agreement
Purpose and intent of Agreement
1.1. This Memorandum of Agreement dated as of March 7,1995, between the
parties named in Exhibit "AT and the County of San Diego, a political
subdivision ofthe State of Califomia, provides for the development and
operation of a Regional Communications System ^CS; benefiting the
radio-communk:ation needs of pubikr safety and public seivice agencies
operating in the counties of San Diego and Imperial.
1.2. Nothing In this Agceement is Intended to.Iessen partfcipating member
jurisdictions' authority over and responsibility for events occunring within
their jurisdiction.
1.3. In onder to provide an alternate source of funding for agencies participating
in the RCS, the County of San Dlego has fonned County Service Area
(CSA) 136 pursuant to Govemment Code (GC) Sectfon 25210.1" et. seq.
1.4. For partidpating agencies deciding to use CSA 135 to fund their system
costs, the County intends to levy parcel chaiges according to benefit per
§25210.77a GC.
NOW THEIEFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Regional Communications System (RCS) Overview
2.1. The RCS will replace the participating public sen/ice and public safety
agencies' existing radio communication systems throughout San Diego and
Imperial counties wfth a modem, trunked radio system.
2.2. The RCS will include a separate Mobile Data System (MDS) that will be
used to transmit data for regional public safety and public service users
over 800 MHz racfio frequencies dedicated to tiiat purpose. Participation in
the MDS is not mandatory, and the MDS coverage area wiH be subject to
agency participation.
2.3. The RCS shall provide effective and reliable radio communications for
routine intra-agency operations as well as inter-agency communications
throughout the region during mutual aid and disaster operations. Public
safety and public service agencies throughout the counties of San Diego
and Imperial will have tiie opportunity to join the RCS.
2.4. For the purposes of this Agreement, Public Safety and Public Service
agencies are defined to Indude:
Participating Agency Agreement
2.4.1. l^eSflfeiy indudes all law enforcement, fire sennce, EMSand
disaster preparedness agendes In San Diego County and
Imperial County.
2.4.2. Public Service indudes the State of Califomia Department of
Transportation (CALTRANS) DIstrtet 11 and other partksipating
agencies in the counties of San Diego and Imperial whose
primary responsibiity is provkilng citizens with sen^ioes other than
law enforcement, fire sen/ice and disaster praparsdness.
2.5, All law enforoement, fire sendee, disaster preparedness and participating
public sendee agencies in San Diego County and Imperial County shall
have access to mutual aki communications capabilities.
2.6. Communicattons with agendes that have installed their own 800 NOiz radio
systems shaU be fadlitated via interfaces to the RCS.
3. Agreement Confingencies
TNs agrsement is void unless finandng forthe racfio system infrastmcture is
approved by the San Diego County Board of Supen/isors and the necessary
finandng doses. As to the County of Imperial, this Agreement shaH temninate if a
CSA or other funding mechanism for communicattons purposes is not estak>lished
within two years of the date of this Agreement
4. RCS Pait'cipantB
4.1. The RCS shall be designed to support the requirements of San Diego and
Imperial county public safety and designated pubiic sen/ice partidpants.
4.2. CALTRANS radio requirements shall be supported throughout District 11.
which Indudes the counties of San Diego and Imperial in their entirety.
4.3. All partkiipants shall receive equitable reprssentation on the Regional
Communteafions System Member Board (RCS Member Baard) as set
forth in this Agreement
4.4. As part of implementing this agreement, participating agencies shall co-
lk;ense or transfer their currentiy allocated 800 MHz frequencies to the
County of San Diego for use in the RCS.
4.5. No actions the RCS Board of Directors, by the County of San Diego or
by the Counfy of Imperial may be so broad in nature that they negatively
affect or Impad the operational or legal integrity of its indivkiual member
agendes.
5. Additionai Participants
5.1. As system capacity pennits. the RCS Board of Directors may approve
other agendes joining the RCS on a case-by-case basis after the date of
this Agreement
5.2. Priority consideration shall be gh/en to agencies with lk»nsed, public
safety/public sen/Ice 800 MHz frequencies that can be co-licensed or trans-
IMaFCh7.19&S
Page 2
SMDtal* CoiMlylm|w(ilC0iiiriy
Participating Agency Agreement
Rafloiiil CoiWMNitalllOM 6!yvfeaM
fened to the RCS, if such action can result in enhanced radio
communications capabiities for all partidpants.
6. Paiformance Requiremants
6.1. The RCS shall be designed to provkle a high level of sen/ice and
responsiveness, with region-wkle coverage and capacity for ail planned
users throughout the term ofthis Agreement
6.2. The RCS design objectives fbr ttie pertorniance of portable and mobile
voice and data radk) equipment, and the quality of coverage provkfed shaH
be detennined by the RCS Board of Directors and appropriate County of
San Diego staff.
6.3. The RCS shall be designed to meet the k)ading requirements of the
antidpated busiest hour for all planned users over the life of the system.
6.4. The actual RCS coverage plan shall be detennined t)y the RCS Board of
Directors.
7. RCS Access Priorities
7.1. In the event that all radio channels in tiie RCS are busy, users wanting to
speaic shatl be prioritized as follows, regarelless of how long they have been
waiting.
7.1.1. Priority One—Emergency MentMcaUon.
An Emergency Identifteation is defined as the message received
when a put>lk: safety member calls for immediate assistance by
adivating an emergency button or switch on the user radio
equipment.
7.1.2. Priority Two—Public Safely
7.1.2.1. Pubiic Safety includes ttie nomial daRy radio
transmisskms of law enforcement fire service,
paramedk: provkters and disaster preparedness
personnel using ttie RCS.
7.1.2.2. Public Safety also indudes RCS users whose normal
kywer priorities have been temporarily changed to
resolve an unusual occurrence or large scale disaster.
7.1.3. Priority Three — Non-Mtllc SMy, Spedel Event
Non-Public Safety. Spedal Event Indudes planned events
invoh/ing public sennce agency partidpants ttiat are beyond ttie
scope of their normal daily operations.
7.1.4. Prfority Four NonPublle Safety, Reguier,
Non-Public Safety, Regular indudes ttie normal daily radk)
transmissions of pubic sen/toe agencies using tiie system.
8. RCS Governance
March 7,1995
Pages
3^
Parttelpating Agency Agreement
8.1. The overall goal in goveming ttie RCS shall be to establish an operational
and management structure ttiat wiR provkte authority to participants during
ttie RCS's development and in ttie subsequent ongoing administration and
management throughout the term of tiiis agreement. Exhibit "D' depicts an
RCS governance flowchart.
8.2. The RCS Member Board and ttie RCS Board of Directors are established
t)y this Agreement the duties and responsibilities of whk:h are set forth in
§10 and §11.
8.3. The governance objectives inciude:
8.3.1. Provkle a stnjcture which retains administrgrtion and fiscal
responsibiiity ofthe system in tiie control of ttie partidpating
agendes.
8.3.2. Allow the use of a CSA funding mechanism.
8.3.3. Establish an organization which fadiHates dedsion making.
8.3.4. Leverage resources where appropriate.
8.3.5. Develop an organlzatton which wHI remain fiexible and meet ttie
needs of ttie participants over ttie temn of the agreement.
9. Roiee and ResponsfbilHIes
As required by ttie Caifomia CSA law, ttie San Diego County Board of Supervisors
shail have ultimate legal and fiscal control over ttie RCS. Siil:^ to such ultimate
conttol, the Boanii of Supen/isors shaD delegate the fiscal conttol and operattonal
administtatkm ofthe RCS to ttie RCS Board of Directors.
10. RCS Member Board
10.1. Each of the parties to ttiis ^reement desires to partidpate in ttie
governance of ttie RCS as a member of ttie Regional Communications
System Member Board to Iw fonned under the provisions ofthis
^reement
10.2. The Regional Communications System Member Board shail have re-
sponsibility for, and shal provide administration of componente ofthe RCS
that are common to aii participating agencies.
10.3. Each partk^lpab'ng agency shall appoint one representative to serve on ttie
RCS Member Board. Representatives to the RCS Member Board shail
sen/e at tiie pleasure of ttieir respective appointing auttiority.
10.4. A partidpating jurisdtotkin witti multiple agencies whose public safety and
sen/Ice radio communication needs are being met by the RCS shaH be
entitled to one representative on ttie RCS Member Board for each type of
agency. (1. E., a partkapating dty whose pdkse and fire departmente use
tiie RCS shall have a RCS Member Board representative from each
March 7,1995
Page 4
35
SMPtaa* CBWi^f-lNfMttlCMHIty
Participating Agency Agreement
RejIcMMii CMSHHMilAStloiie 9ytecani
10.5. The RCS Member Board shaii be responsible for recommending
operational changes and for partidpating in ottier committees, or in other
ways deemed appropriate by ttie RCS Board of Directors.
10.6. The RCS Member Board shaH be responsible for approving the annual
budget
11. RCS Board of Directors
111. The RCS Board of Directors shaH be composed of RCS representetives of
each type of partkapating (xibHc safety/pubUc sen/Ice agency.
11.2. Members of ttie RCS Board of Directors shaH be detennined in ttie
foltowing manner, according to ttie type of agency.
11.2.1. San Diego County:
11.2.1.1. The detegate fiiom tiie San Diego Sheriffs Department
shall be ttie Sheriff or ttie Sheriffs designate.
11.2.1.2. The representative for the County of San Dwgo shaH
be ttie Chief Administarative Officer (CAO) or the CAO's
designate, preferably from tfie Office of Disaster
Preparedness.
11.2.1.3. The municipai pdice representative shaH be a pofice
chief or designate from RCS member agendes who
ShaH be seleded by the San Diego County Poltoe
Chiefe and Sheriffs Assodation.
11.2.1.4. The munteipal fire representafive shaH be a fire chtef or
designate from RCS member agendes who shaH be
selected by ttie San Diego County Fire Chtefe
Associatton.
11.2.1.5. The fire distrid representative shall be a fire chief or
designate fmm RCS member agencies who shaR be
selected by ttie San Diego County Chapter, Fire
Districte Assodation of Califomia.
11.2.1.6. The North County Dispatch Joint Powers Auttiority
(JPA) representetive shatt be a fire chief or designate
fi-om RCS member agendes who shall be selected by
tiie North County Dispatch JPA goveming body.
11.2.17. The Heartland Communications Fadlity JPA (HCFA)
representatives shaH be designates from RCS member
agencies who shaH be selected by tiie HCFA goveming
body.
11.2.2. Imperial County:
11.2.2.1. The delegate from ttie Imperial County Sheriffs Office
ShaH be ttie Sheriff or a designate.
March 7.1995
Pages
SMOiHa CaiiNty<>hnpiittlCdumy
Parttelpating Agency Agreement
11.2.2.2. The representative for ttie County of Imperial shaH be
ttie CAO or a designate.
11.2.2.3. The munteipai police representative shall be a police
chtof or designate from RCS member agendes who
shail be selected by ttie Imperial County Police Chiefs
Assodation.
11.2.2.4. The munidpal fire representative shaH be a fire chief or
designate finom RCS member agendes who shaH be
selected by ttie Imperial County Rre Chiefe
Assodation.
11.2.2.5. The fine district representative shaH be a fire chief or
designate from RCS member agencies who shall be
selected by ttie Imperial County Chapter, Rre Distticts
Assodation of Califomia.
11.2.3. The representative for CALTRANS shaH be a designate setected
by appropriate stete authority.
11.2.4. This Agreement provkles for the addition of two public servtoe
members of ttie RCS Board of Directors, to be added when pubfic
senrice agencies join ttie RCS.
11.3. The RCS Board of Diredors shaH be responsibte for ttie overaH
administratton and direction of tiie RCS ttirough interaction witti ttie San
Diego County Board of Supen/isors, ttie assigned San Dlego County staff
and ttie RCS Member Board.
11.4. Spedfic rssponsibifities of ttie RCS Boanj of Directors shaH indude:
114.1. Fonnutating the annual budget and submitting it to the RCS
Member Board for approval.
11.4.2. Identifying partidpating agency needs and requirements.
11.4.3. Establishing subcommittees as necessary to ensure ttie
interests and concems of each user agency are represented
and to ensure technical iesues are thoroughly researched.
11.4.3.1. The RCS Board of Directors shaH establish a
committee of MDS user agencies to administer the
MDS and to make appropriate recommendations.
11.4.3.2. If aH RCS user agendes are MDS participante,
administration ofthe MDS shall revert to the RCS
Board of Directors.
11.4.4. Monitoring the implementation of the RCS.
11.4.5. Reviewing and adopting recommendations regarding the
esteblishment of system priorities and talk groups.
11.4.6. Developing and approving RCS operating policies and proce-
dures.
March 7.1995
Paged
31
Participating Agency Agreement
Reg|WMtCpwiiiwiiil<atiDwe6ystaiii
11.4.7. Overseeing ttie esteblishment of long range plans.
11.4.8. Overseeing scheduled system reviews at intervals detennined
by the RCS Board of Directors, but not to exceed three years.
11.4.9. Budgeting and approving ttie disbursement of money from aH
CSA 135 funds.
11.4.10. Making recommendations to ttie San Diego County Board of
Directors regarding ttie indusion of addlttonal RCS partldpante.
11.4.11 Addressing concems of partidpating agendes.
114.12. Adopting appropriate actions to adjust RCS policies or
procedures.
11.4.13. Adopting by-laws to govem ttie RCS Board of Director's
internal operations.
114.14. Meeting quarteriy or more frequentiy, if necessary.
11.4.15. Appointing a new Chairperson annually.
11.4.16. Competing an annual fiscal audit.
11.4.17. Conducting periodic RCS audite.
114.18. Discharging other duties as required by statute.
12. Representation on the RCS Board of Directore
12.1. As of ttie date of ttiis Agreement, the foHowing types of agendes shall be
represented by appointtnent to the RCS Board of Directors:
12.11. San Dtego County:
12.11.1 Sheriff's Department
12.11.2. County Representative (Office of Disaster
Preparedness)
12.11.3. Municipal Police
12.1.1.4. Munidpal Rre
12.115. Fire Distrids
12.116. North County Dispatch Joint Powere Authority
12.117. Heartiand Communtoations Fadlity Joint Powere
Authority
12.1.2. imperial County:
12.12.1. Sheriffs Department
12.1.2.2. County Reprssentative
12.12.3. Municipal Pofice
12.1 Z4. MuntoipalRre
March 7.1995
Page 7
3"^
SMStaga CMiily-lnp«(ilCo<Mly
Participating Agency Agreement
12.1.2.5. Rre Distticts
12.13. CALTRANS
12.1.4. Pubfic Sendee agencies shall setoct two detegates at large.
13. RCS Board of Directore Tenns and Quaiifications
13.1. Tenns for membere of ttie RCS Board of Directore shaH be detemiined by
ttieir appointing auttiority. All membere of ttie Board of Directore sen/e at
ttie pleasure of ttieir respective appointing authority.
13.2. The appdnting auttiority shaH also setect an altemate to ttie RCS Board of
Directore. Attemate membere are encouraged to attend regular Board of
Directore meetings, but shaH vote only In the absence of ttie regular
member.
13.3. Only representatives of agendes parttelpating in ttie RCS may be setected
to ttie RCS Board of Directore.
13.4. The Chairperson and a Vtoe Chairperson of ttie RCS Boarel of Directore
ShaH be biannuaUy eleded by a majority vote of the Directore. During their
terni, the Chairperson and Vice Chairpereon shaH serve at the discreta'on of
a majority of ttie Directore.
13.5. Attendance at Board of Diredore meetings:
13.5.1. Membere of the Board of Directore are expected to attend afi
possH3te meetings to represent ttieir group intereste and to help
condud RCS business. Arrangemente shoukl be made for ttie
altemate to attend in ttie absence of the primary representative.
13.5.2. To remain on ttie Board of Directore. a director may not exceed
more than three absences from reguteriy scheduled Board of
Directore meetings during a County of San Dtego fiscal year
(July 1 through June 30).
13.5.3. ff a director exceeds more than ttie affowabte three absences in
a fiscal year, ttie Board of Directore shafl request a replacement
from the appdnting auttiority unless, because of extraordinary
drcumstances, tiie Board of Diredore votes to allow one
additionai absence.
13.5.4. Attemate diredore shaH be subjed to the same requiremente for
aH meetings they are required to attend.
13.5.5. An absence by botti the primary director and ttie altemate
diredor representing the same appointing authority shaH be
counted against both parties.
13.5.6. By vote of ttie Board of Diredore, a leave of absence may be
granted to a primary or altemate dirsdor for no more than 180
days. Only one teave of absence may be granted in any twelve
month period.
March 7.1995
Pages
3^
6mOU§a Counfy-dnpcrW County
Participating Agency Agreement
13.5.7. Resignation firom the Board of Directore shaU be submitted in
writing to the chairperson and to ttte appointing authority.
14. Attendance and Participation by the Public
14.1 Ra/pli M. Brown Acf. AH meeti'ngs ofthe RCS Boani of Directore and
RCS Member Board shaH be noticed and conducted in accordance witti ttie
provisions of ttie Ralph M. Brown Act (GC §54950 et seq.).
1 AuL Local, state and federal representatives of public safety or service agendes
who are not parttes to ttiis Agreement may partidpate in RCS Board of
'• Diredore, Member Board or committee meeti'ngs as membere of the publto,
but shafi not have voting righte.
14.3. Representatives from non-|)artidpati'ng agendes may not serve in any
QfRdal capacity in respect to RCS administtation, management or
operation.
15. RCS Voting Requirements
15.1 Membere of ttie RCS Member Board, Board of Diredore and committees
shaU vote on afi Hems on the basis of one vote per member.
15.2. A quomm for ttie condud of business «dste when a majority of the
membere are present at Board of Diredore, Member Board and ottier
committee meetings.
15.3. Actions on aU boards and committees shaH be d^ermined by a majority
vote of membere present at a meeting when a quomm existe.
15.4. An agency may not designate anottier agency to be ite proxy.
15.5. In ttie case of RCS Board of Dirsdore actions, the altemate delegate shall
only have a voting right in the absence of ttie regular detegate.
16. County of San Olego, Department of Inlormation Services (DIS)
Support Staff Roie
16.1 DIS staff ShaH senre as an advisory and staff function to ttie RCS Member
Board and RCS Board of Diredore.
16.2. DIS staff shaU manage the day4o-day operation ofthe RCS sut}ject to
direction from and review by ttie RCS Board of Directore.
16.3. DIS staff ShaH provkie support as necessary, but shaH not have a vottng
right on any business before ttie RCS Member Board, the RCS Board of
Diredore. or any committees.
16.4. DIS staff ShaH perfonn ttie functions necessary to ensure that spedfic
system perfbmriance guarantees are mainteined throughout the temi of ttie
agreement
16.5. As ttie manager and operator of ttie RCS. ttie Department of infomnation
Sen/toes shall have ttie responsibility to:
March 7.1995
4o
Participating Agency Agreement
16.5.1. Provkle appropriate staff support to ttte RCS Board of Diredore
as requested, within budgetery resttainte.
16.5.2. Seek RCS Board of Dirsdore affproval of major policy dedstons
related to the RCS.
16.5.3. Devetop oontoads wfth vendore and submtt to RCS Board of
Directore for approval
16.5.4. Implement the regional 800 MHz publto safety vdce and data
radio systems.
16.5.5. Retein employees and agente.
16.5.6. Acquire, hokl or dispose of property necessary to operate the
RCS.
16.5.7. Charge partidpating agendes for expenses incuned in ongoing
maintenance and operation ofthe RCS.
16.5.8. imptement poficy.
16.5.9. Monitor and maintain RCS pertbnnance.
16.5.10. In conjunction wHh ttie RCS Board of Directore, devetop and
recommend ttie annual RCS budget
16.5.11. Fteassign RCS priorities in exbaordinary drcumstences and
make emergency repaire as required.
16.5.12. Provide infonnation and support as necessary to the RCS Board
of Directore.
16.5.13. Provide operating reports and technical infonnation as necessary
to assist the RCS Board of Diredore.
16.5.14. Esteblish and maintein accounts and records, induding
personnel, property, financial, programmatic and ottier records
deemed necessary by tiie RCS Board of Dkectore to ensure
proper accounting for aU ongoing operations and maintenance
coste.
16.5.15. Use the records to justify any adjustment to agency benefit
charges.
16.6. The Director of DIS shaH provide ttie RCS Board of Directore timely
advance notice of impending pereonnel changes affecting any
management staff assigned RCS responsibilities.
17. Agency Costs and CSA Benefit Charges
17.1. The Department of Infomiation Sen/ices shaH implement, manage and
operate tfie 800 MHz ti^inked radto backbone and microwave systems.
17.11. Costs for agendes partidpating atttie time the RCS Is
imptomented are refleded in Exhibit "B*. MDS partidpation
coste are separate from voice radto system coste.
March 7,1995
Page 10
^1
Paitieipating Agency Agreement ^.^-^Jl ^ ^
RaglMiiilCBMiniiMiicsAtofis^^iwtaiii
17.1.2. Costs for agendes joining subsequent to tiie impiementation of
ttieRC^:
17.12.1. The County of San Diego shaH assume the coste of
implementing ttie voice and date radio backbone
systems in areas where agencies have not committed
to RCS partidpation.
17.1.2.11. RCS coverage In those areas shafi meet
the requiremente of ttie County of San
Diego.
17.12.1.2. Costs to enhance coverage to satisfy the
needs of an agency joining tiie RCS
subsequent to the original imptementation
shall be the joining agency's responsibiHty.
17.1.2.2. An agency joining ttie RCS shafi be rssponsible for
paying their original one^me coste as represented in
Exhibit "B", plus financing coste ttiat have incurred
since ttie date of ttiis Agreement. The RCS Board of
Directore shafi reimburse appropriate finandng
expenses to ttie County of San Diego in relatton to
§17.12.3.
f^-"'»iiig' If Samee decides tojtOt the RCS ^lerl^ years of
ttie IS year agieemeftt have passed. IIMr coste vnVmcftidla.'
(1) their eslimalBdane4inm coats as shorn in Exhibit "B^ and,
fz) assocMedSnaK^oostslbr&ielb^lhfeyeas, as shown
inSxhM'Cr.
Jhe RCS Board ofOkedois staff tfwn faanbuise tfie Couniy of
San Diego fbr prindpal and financing expenses that resulted
17.1.2.3. An agency or jurisdiction that wants to join tfie RCS
must pay a proportional cost ofthe overaH voice radto
isackbone and microwave development investment.
ff the agency or jurisdiction deddes to use CSA 135
for funding, it must fite an apiolication wfth the San
Diego County Local Area Fonnation Commission
(LAFCO) tojdn CSA 135. Each agency is
responsibte for ite own coste associated wfth the
LAFCO process.
17.1.2.4. All funds received firom agendes joining the RCS shall
be deposited in tiie CSA 135 account for appropriate
distribution by ttie RCS Board of Directore.
17.2. The agency may use a fiinding mettiod ottier ttian CSA 135 to pay for its
RCS origination and operating expenses.
March 7,1995
11
Participating Agency Agreement
17.3. Ongoing operations and maintenance coste shaH be shared equally by the
partidpating agendes and shail be based on the established fonmula. (See
Exhibit "B")
17.4. Montiily Operating Fees
17.4.1. The coste of ongoing operations and maintenance of the tmnked
voice radto system, mobfie data radio system and microwave
system shall be aHocated to ttie partid|Miting agendes on a per
radio basis.
17.4.1.1 The cost per radio shafi be limited to ttiose radtos used
on ttte RCS during normal operations.
17.4.12. Radios temporarily added by an agency to handle a
disaster or emergency shall not be a part of
detenninhig ttie agency's ongoing RCS coste unless
the radtos are rstained for normal operations following
resdution of the disaster or emergency.
17.4.13. The coste of ongdng operations and maintenance on
ttie voice system and ttie mobfie data system shaH be
detennined separately, since not afi agencies wifi
deckle to use botti systems. Therefore, the monttiiy
operating fees for raxSoe on each system may be
17.4.2. After resolving whtoh agendes are participating and determining
ttie actual number of radios to be induded in each system (votoe
and data), ttie cost per agency shall be finafized.
17.4.3. The final cost shaH be in effed for a period of one year and shaH
be adjusted annually to reflect adual coste.
17.5. Reserve Funds in CSA 135 Account
17.5.1 One of ttie responsibiiities of ttie RCS Board of Directore is to
budget ttie disbureement of money Irom ttie CSA 135 account
17.5.2. All fonds received by ttie County of San Dtego fTOm aH RCS
partidpating agendes, forthe purpose of funding ttie RCS shaH
be deposited into ttie CSA 135 account
17.5.3. Resen/e funds, induding interest, shaH be maintained in ttie CSA
135 account for ttie purposes of oontingendes and for RCS
u|3grades and enhancemente.
17.5.4. CSA 135 resen/e fonds can only be used for Regtonal
Communtoations System purposes and on approval of the RCS
Board of Diredore by majority vote.
17.5.5. The RCS Board of Directore shaH review CSA 135 fond levels
annually and take appropriate adton.
17.6. CSA 135 Zone Option and Coste
March 7,1995
Page 12
43
S»mtH§to CouRtykRiMrMlCounty
Paitieipating Agency Agreement
Walnut rimnmkMmmta»tm
17.6.1. Each parftoipating agency shall have ttte abfiity to customize their
own CSA 135 requiremente for other RCS componente. induding
user equipment, communications center equipment and operating
coste, by developing a CSA zone.
17.6.2. Each agency establisNng a zone shaH have ttie responsibiiity to
devetop an annual zone budget and zone benefit fee schedute.
17.6.3. The CSA fonds generated wittiin ttie zone may only be utilized to
meet ttie requiremente of ttiat zone.
17.7. Untoss ottienivise agreed, maintenance of agency owned RCS equipment
shafi be provkled by Department of Infonnation Servtoes staff assigned to
tiie RCS. AH assodated maintenance costs shall be included as a laart of
ttie agency monthly operating fees.
17.8. Maintenance and otfier coste assodated witti the provision of primary
commercial and back up 110/240 vott A. C. eiedrical power shail be tiie
responsibility of ttie agency.
17.9. Unless ottienvlse detennined by separate agreement each parttoipating
agency shaH be responsibte for ttie coste assodated wRh connecting to tiie
RCS backbone from ttie point of demarcatton to the agency radto system
equipment
18. Point of Demarcation for Responsibility of Equipment
18.1 Unless ottiere/ise detennined by separate agreement, ttie demarcation
point between RCS responslbifity and agency responsibility is the
microwave radto channel bank equipment tennination blocks that are used
to interconnect tiie agency radio consoles and ottier electronte devices
used for voice and date communtoations to ttie channel banks.
18.2. Each parttoipating agency shafi be responsfible for aH coste associated witti
ttieir mobile date system appfication development, user equipment and
integration fi'om the point of demarcation.
19. Purchase of RCS Compatibte Equipment
19.1. Each {Mrtlcipating agency agrees to meet County of San Dtego
spedfications, Induding brands and models when appropriate, for
associated equipment used to interconnect to tiie RCS.
19.2. Parttoipating agendes agree to submit spedfications of radio system
related equipment ordere to County RCS staff to ensure compatibility
before purchase.
19.3. Assodated equipment may be purchased through the County of San Dtego
to insure compatibility and tavorsd pridng.
20. Term of Agreement
Ttie term of agreement is for fifteen yeare from the date of this Agreement.
21. Agreement Modification; Entire Agreement
Match 7.1995
Page 13
t|4
Participating Agency Agreement
faltdwilCaimMiMilaittwwfiyttwH
21.1 This Agreement may only be amended in writing witti the approval of the
goveming bodies of all parties to this Agreement Prior to processing an
amendment, a recommendation shafi be requested from ttie RCS Boarel
of Directore.
21.2. This Agreement constitutes tiie entt're agreement of the parties and any
previous oral or written agreemente are supereeded by this Agreement.
Subsequent agreemente may be entered into with CALTRANS and the
County of Imperial conceming RCS mattere.
22. Termination of Agreement
22.1. in order to termmate participation prior to the end of the fifteen year term,
the wittidrawing agency must provkie no less than a one year written notice
of intent to tennlnate partidpation.
22.2. Temnination shafi be granted provided ttiat ttie withdrawing party:
22.2.1. Retums to the RCS all equipment for value ttiat ttie RCS Board of
Directore detemiines is required to maintain ttie RCS for all
remaining usere; and.
22.2.2. ff ttie temnination compromises the legality of ttie CSA benefit
charges in the jurisdtotion of the wtttidrawing agency, such
agency shall be responsibte for the remaining debt paymente
wNch woukl have aggregated from ttie CSA.
22.2.3. ff an agency that brought firequendes to tfie RCS opts to
terminate, ttie RCS Board of Directore shafi negotiate a
setttement that eitiier retums ttie same or equivalent operabte
fiiequendes. or provkles equitabte compensatton if firequenctes
are left witti ttie RCS.
23. Art)Hration
23.1. If settlement on an issue cannot be reached between the grieving or
terminating agency and the RCS Board of Diredore, binding arisitration
shall be emptoyed to reach a settlement.
23.2. The arbitirator shafi be selected by mutual agreement of the RCS Board of
Dirsdore and ttie temiinating agency.
23.3. It shaH be the duty of the arbitrator to hear and conskler evtoence
submitted by ttie parties and to ttiereafter make written findings of fact and
a disposition ofthe settlement whtoh shall be binding in nattjre, except as to
issues of tew.
23.4. Each party to a hearing before an ari^iti'ator shafi bear his own expenses in
connection therewtth.
23.5. All fees and expenses of the arbitiator shall be borne one-haff by remaining
membere of the RCS and one-half by the grieving or withdrawing agency.
March 7,1995
Page 14
fllmOi^ Canty-IniMKtlCBiHiy
RHIOMI
Parttelpating Agency Agreement
IN WITNESS WHEREOF, the parties hereto do affix ttieir signatures.
COUNTY OP SAN DIEGO
Boarel of Supervisore Approval Date! MAR 7 IP95
C/nr OF CARLSBAD
Coundl Approval
Date: mBCB 22, i>95
OTYOPDELMAR
Coundl Approval
CITY OP ENCINITAS
Coundl Approval
Date; mum loo^
CITYOF IMPERIAL BEACH
Coundl Approval
CITY OF LEMON GROVE
Coundl Approval
Date:
cmroFPomY
Coundl Approval
Date:-±Ljiiiz-3£_.
CHY OF SAM MARCOS
Coundl Approval
Date- <.7/^fS
CtTY OF SOLANA BEACH
Coundl Approval ^
Date:-±±ar:2Sl_
By_
Chainivom»fl
By-
By.
By.
Mayor
Mayor
Mayor
Mayor
March 7.1995
SMMofs CMRlyinpsWeawMy
Exhibit "A"
Participating Agency Agreement
PARTIES TO THE MARCH 7,1995AGREEMENT
1. Alpine Fire Protection District
2. Bonita-Sunnyside Fire Protection District
3. Borrego Springs Flre Protection District
4. City of Carlsbad
5. City of Del Mar
6. City of Encinitas
7. City of imperial Beacji
8. City of Lemon Grove
«
9. City of Poway
10. City of San Marcos
11. City of Solana Beach
12. City of Vista
13. Califomia Department of Transportation, District 11
14. County of Imperial (all county and city pubiic safety agencies, all territories)
15. County of San Dlego (county public safety and service agenctes)
16. Deer Springs Flre Protection District
17. East County Fire Protection District
18. Heartiand Communications Dispatch Facility JPA
19. Julian - Cuyamaca Flre Protection Otetrict
20. Lakeside Rre Protection District
21. Lower Sweetwater Flre Protection District
22. North County Dispatch JPA
23. Pine Valley Rre Protection District
24. Rancfio Santa Fe Fire Protection District
25. Rural Flre Protection District
26. San Miguel Consolidated Flre Protection District
27. Valley Center Fire Protection District
March 7.1995
41
Exhibit "B"
Participating Agency Agreement
ESVMATED AGENCY ONE-VME COSTS
Combined Vb/ce and Data Backbone
9maaaa CMMty-taprtilCMMty
UnM*
.0am nmmt
tm
UnlRMipoislsd 178.479 t.124.170 31.26H 92,498^530 Sai7SS.2S6 8300.874 81.054,312
34^1 203,738 8L87« 452,790 1.S88.6SO 54523 191.065
OaillUr 4.880 19.833 OSiH 43.413 152.127 5.228 18,319
inetaMM 19.78S 158,735 , 4.42» 352.797 1.236,259 42,484 148.871
imiwiWBMeh 4.898 83.198 1.7SK 14a46l 482.196 16.914 99.271
LMINII<IMW ijm 144.906 507.985 17.457 61.172
t4i44S 111.924 a.11% 248. W7 871.680 29.955 104.969
•MMWCM U87i 118,743 283.913 924.794 31.780 111.384
SOIIMBMKII U900 47.886 1.33M 106,938 371.228 12.7S7 44.703
Vtati 191630 30U28 &66K 4S1.907 1,583.558 54.419 190,693
miiimmamrBmxeaxati^^ II MMI
eiHiteVhia 3S.8S2 38^726 10.04H 801,733 Z809.405 965(5 3381310
CoraiMda 1014SB 64UW8 1.74% 138.661 485.890 16,896 58,511
17.918 240.280 8.68K S331981 1.871.192 64,303 225.330
16.051 166,620 4.69% 374.787 1.313.246 45.130 158,142
NMamlCliy 8.823 m9e2 ai7% 253.331 687,714 30506 108.899
Onantid* 48.810 406^690 11.32%' 909.888 3L167.377 108547 381.417
««rtw 14.596 12:^247 3L4B% 278.368 975,448 33.521 117.464
4CMM W84.f59 100% nr.ut.m IWt.i4< 8U79Jff|
BM«lon1S04eMiM. OimrM«kieta(toB«wmilnito4briraicr|Mil»jn0wcjliH. TlwappreKntUfl/iMslobaraffnwIvHAMsindnMiiaiciln^
*> MOiiMiimeoMisfMbKMxmdaly. ttdoMootindud*
*** ftHMdM85%Mm«i|Mrcanli0aiitt.
March 7. 1995
Exhibit'V
Participating Agency Agreement
Cflnunuilasclaae^yeCeei
ESTIMATED COSTS OF AGENCY ENTERiNG SYSTEM AFTER MARCH 7,1995
City of Santee
Number of Beneflt Unite 125,247
Percent of Total Benent 3.48%
Rnancing Coste of One Time Cost for IS Years at 8.5% APR
Prindpal *
$975,448
Finandng
$786,510
Total
S1.761,9SB
Annual Payment
$117,464
Annual Payment ff Jote in Year
Year Annual Payment
1 $117,464
2 $125,854
3 $135,535
4 $146,830
5 $160,178
6 $178,196
7 $195,773
8 $220,245
9 $251,708
10 $293,660
11 $352,392
12 $440,490
13 $587,319
14 $880,978
15 $1,761,958
Annual Payment for Late Starting Agencies
1800000
^ 1000000
500000
0
1 2 3 4 8 S 7 a a 10 11 12 13 14 is
SloftinaYatf
1800000
^ 1000000
500000
0
1 2 3 4 8 S 7 a a 10 11 12 13 14 is
SloftinaYatf
Hi Annual PiyifMnt 1800000
^ 1000000
500000
0
1 2 3 4 8 S 7 a a 10 11 12 13 14 is
SloftinaYatf
March 7.1995
Exhibit "D"
ParticipaUng Agency Agreement
GOVERNANCE STRUCTURE
San DIago County
Board of Supervisors
RCS
Committees
RCS
Board of Directors
Member Agency
Reportir^ Relationships.
Unes of Communication
March 7, 1995
^0
Exhibit B
1995 RCS Parties
1995 RCS Parties Status
Alpine Fire Protection District Existing
Bonita-Sunnyside Fire Protection District Existing
Borrego Springs Fire Protection District Existing
Cityof Carlsbad Existing
City of Chula Vista Existing
Cityof Coronado Existing
City of Del Mar Existing
City of El Cajon Existing
City of Encinitas Existing
City of Escondido Existing
City of Imperial Beach Existing
City of La Mesa Existing
City of Lemon Grove Existing
City of National City Existing
City of Oceanside Existing
City of Poway Existing
City of San Marcos Existing
City of Santee Existing
Cityof Solana Beach Existing
City of Vista Existing
Countyof San Diego Existing
Deer Springs Fire Protection District Existing
Heartland Communications Facility Joint Powers Authority Existing
Imperial Valley Emergency Communications Authority (IVECA) Existing
Julian-Cuyamaca Fire Protection District Existing
Lakeside Fire Protection District Existing
Metropolitan Transit System Existing
Mira Costa Community College District Existing
North County Dispatch Joint Powers Authority Existing
North County Fire Protection District Existing
North County Transit District Existing
Rancho Santa Fe Fire Protection District Existing
San Diego Rural Fire Protection District Existing
San Diego Unified Port District Existing
San Miguel Consolidated Fire Protection District Existing
Santee School District Existing
State of California Department of Transportation (Caltrans) Existing
State of California, California Highway Patrol/El Cajon CHP Existing
Valley Center Fire Protection District Existing
Viejas Reservation Fire Department Existing
Vista Fire Flre Protection District Existing
Pine Valley fire Protection District^ Former
Padre Dam Water District ^ Former
East County Fire Protection District^ Former
^Original Signator - Never came on system (no radios on system)
^Terminated RCS Agreement on January 7,2013
Konsoiidated with San Miguel Consolidated Fire District in 2008
NextGen RCS Agreement December 3,2013
^1
Exhibit C
Estimated RCS NextGen System Cost
Ne}ctGen Shared Infrastructure Cost
NoxtGen System Components - Shared Infrastructure Estimated Cost
Estimated Total Shared Infrastmcture Cost $ 105,000,000,
Less estimated IVECA Infrastructure of $9 Million (includes estimated
proportional share of NexGen core) $ (9.000.000)
Less Grants/RCS Trust Fund :$ (10.000,000)
Estimated Remaining Shared Infrastructure Costs to be Apportioned
among San Diego County NextGen RCS Parties $ 86,000,000
Estimated Total Subscriber Radio Count
Total Estimated NextGen Parties Subscriber Radio Count 13,953
I , . ToC^alculate YourAgenc/s
1. Divide the Remaining Costs to be Apportioned by the Total Estimated NextGen Parties Subscriber Radio Count Multiply this
number by the projected average number of your agency's subscriber radios for the two dates.
Remaining Costs to be Apportioned
Estimated Total Subscriber Radio Count
Formula
Two Year Average
Radio Count
Estimated
Agency Cost for
Shared
Infrastructure
Example
1. Agency X has an average of 50 radios for the two dates.
2 Total Estimated Cost of System divided by the Total Estimated Parties Subscriber Radio Count is $6,164
3. Fifty (50) subscriber radios X $6,164 estimated cost - Estimated Agency Cost $308,177
NextGen RCS Agreement Decembers, 2013
Exhibit C-1
Cost Apportionment for San Diego Countv Shared Infrastructure Per Party: Coste are apportioned in two categories-
infrastructure and core. Below are the estimated shared infrastructure apportionment costs per agency
San Dlego County Party Name Radio Count
9/1/13
Radio Count
7/1/2014
Average
Radio Count
Estimated Cost for
San Dlego Shared
Infrastructure
Alpine Fire Protection District 26
Bonita-Sunnyside Flre Protection District 16
Borrego Springs Fire Protection District 21
City of Carisbad 436
Cityof Chula Vista 694
City of Coronado 182
City of Del Mar 97
City of El Cajon 460
City of Encjn'itas 246
City of Escondido 752
City of Imperial Beach 117
City of La Mesa 291
City of Lemon Groye 95
Cityof National City 284
City pf Oceanside 744
City of Poway 296
City of San Marcos 419
City pf Santee 176
City of Solana Beach 58
City of Vista 284
County of San Diego 5,848
Deer Springs Fire Protection District 21
Heartland Communications Facility JPA 12
Julian-Cuyamaca Fire Protection District 29
Lakeside Fire Protection District 98
Metropolitan Transit System 251
Mira Costa Community College District 20
North County Dispatch JPA 18
North County Fire Protection District 127
North County Transit District 33
Rancho Santa Fe Flre Protection District 92
San Diego Rural Fire Protection District 107
San Diego Unified Port District 299
San Miguel Consolidated Fire Protection District 135
Santee School District 44
State of CA Department of Transportation (Caltrans) 893
State pf California, CA Highway Patrol/El Cajon CHP 174
Valley Center Flre Protection District 25
Viejas Reservation Fire Department 33
Potential New Party
Potential New Party
Potential New Party
13,953 ;:: ;,,:„„,
NextGen RCS Agreement December 3,2013
t$3
Exhibit C-2
Cost Apportionment for RCS NextGen Core (Portion of the Shared Infrastructure Costs): Coste are apportioned in
two categories-infrastructure and core. Below are the estimated RCS NextGen Core apportionment costs per agency
for both San Diego County agencies and the Imperial Valley Emergency Communications Authority (IVECA).
San Diego County Parties & IVECA Radio Count
9/1/13
Radio Count
7/1/2014
Average
Radio Count
Estimated Cost for
RCS NextGen Core
Alpine Fire Protection District 26
Bonita-Sunnyside Fire Protection District 16
Borrego Springs Flre Protection District 21
Gty of Carisbad 436
dty of Chula Vista 694
Qty of Coronado 182
Gty of Del Mar 97
Gty of El Cajon 460
Gty of Endnitas 246
Gty of Escondido 752
Gty of Imperial Beach 117
Gty of La Mesa 291
Gty of Lemon Grove 95
Gty of National City 284
Gty of Oceanside 744
Gty of Poway 296
Gty of San Marcos 419
Gty of Santee 176
Gty of Solana Beach 58
City of Vista 284
County of San Diego 5,848
Deer Springs Fire Protection District 21
Heartland Communications Facility JPA 12
Julian-Cuyamaca Fire Protection District 29
Lakeside Fire Protection District 98
Metropolitan Transit System 251
Mira Costa Community College District 20
North County Dispatch, JPA 18
North County Fire Protection District 127
North County Transit District 33
Rancho Santa Fe Fire Protection District 92
San Diego Rural Fire Protection District 107
San Dlego Unified Port District 299
San Miguel Consolidated Fire Protection District 135
Santee School District 44
State of CA Department of Transportation (Caltrans) 893
State of Califomia, CA Highway Patrol/El Cajon CHP 174
Valley Center Flre Protection District 25
Viejas Reservation Fire Department 33
IVECA* 1,302
Potential New Party
Potential New Party
Potential New Party
. 15,255
*IVECA will pay for infrastructure for Imperial County (an estimated $ 9,000,000) and a portion ofthe NextGen core costs.
NextGen RCS Agreement December 3, 2013
Exhibit C-3
Cost Apportionment for the Combined Infrastructure and RCS NextGen Core: Costs are apportioned in two categories-
infrastructure and core. Below are both the estimated Combined Infrastructure and RCS Core apportionment costs per
agency.
San Diego County Parties & IVECA
Exhibit C-1
Estimated Cost for
San Diego Shared
Infrastructure
+
Exhibit C-2
Estimated Cost
for RCS NextGen
Core
=
Combined Estimated
Cost for San Diego
Shared Infrastructure
and NextGen RCS
Core (C-1 + C-2)
Alpine Fire Protection District
Bonita-Sunnyside Fire Protection District
Borrego Springs Fire Protection District
Cityof Carisbad
City of Chula Vista
City of Coronado
City of Del Mar
City of El Cajon
City of Encinitas
City of Escondido
City of Imperial Beach
City of La Mesa
City of Lemon Grove
City of National City
City of Oceanside
City of Poway
City of San Marcos
City of Santee
City of Solana Beach
City of Vista
County of San Diego
Deer Sphngs Fire Protection District
Heartland Communications Facility JPA
Julian-Cuyamaca Fire Protection District
Lakeside Fire Protection District
Metropolitan Transit System
Mira Costa Community College District
North County Dispatch, JPA
North County Fire Protection District
North County Transit District
Rancho Santa Fe Fire Protection District
San Diego Rural Fire Protection District
San Diego Unified Port District
San Miguel Consolidated Fire Protection District
Santee School District
State of CA Department of Transportation (Caltrans)
State of Califomia, CA Highway Patrol/El Cajon CHP
Valley Center Fire Protection District
Viejas Reservation Fire Department
• -
Potential New Party
Potential New Party
Potential New Party
.. TOTALS
NextGen RCS Agreement December 3,2013
5^'
Exhibit D
Potential New RCS NextGen Parties
Potential New Parttes Radio Count Radio Count Average Radio Potential New Parttes
Sept 1,2013 July 1,2014 Count
Barona Fire Department 35
Cajon Valley Union School District 125
California Department of Corrections & Rehabilitation Division of Adult Parole Operations 109
California Department of Corrections & Rehabilitation Office of Correctional Safety 13
California State University San Marcos (Police) 49
Grossmont Union High School District 128
Grossmont-Cuyamaca Community College 16
Jamul-Dulzura Unified School District 15
La Jolla Band of Luisefio Indians (La Jolla Tribal Police) 4
Los Coyotes Police Department 6
Olivenhain Municipai Water District 3
Palomar College 41
Pala Band of Mission Indians 25
Pauma Band of Luiseflo Mission Indians (Pauma Band of Mission Indians) 21
Poway Unified School District 240
Ramona Water District Flre Department 21
Rancho Santa Fe Patrol 17
San Diego Association of Governments (SANDAG) 59
San Diego County Regional Airport Authority 164
San Diego Humane Society 34
San Dlego State University (Police & Parking) 102
Southwestem College Police Dept. 22
Sycuan Band of the Kumeyaay Nation (Sycuan Fire/Police (department) 72
University of Califomia San Diego (Police and Environment Health & Safety) 108
Vista Unified High School District 188
NextGen RCS Agreement December 3,2013