The URL can be used to link to this page

Home My WebLink About2014-01-21; City Council; 21484; Approval Next Generation Regional Communication System AgreementCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 21.484 1/21/14 FIRE APPROVAL OF NEXT GENERATION REGIONAL COMMUNICATION SYSTEM AGREEMENT DEPT. DIRECTOR CITY ATTY. CITY MGR. 2 RECOMMENDED AaiON; Adopt Resolution No. 2014-011 authorizing the City of Carlsbad to enter into the Next Generation Regional Communication System Agreement with the County of San Diego. ITEM EXPLANATION; The City of Carlsbad has participated in the Regional Communication System agreement since 1995. The existing communication system has provided high quality voice communications citywide and throughout the region in both San Diego and Imperial Counties. The NextGen RCS will replace a communication backbone that is out dated and no longer serviceable by the vendor Motorola. Failed portions ofthe system have been repaired as parts availability allows or replaced when parts are not available. Replaced parts will be reused in the new system helping to bring down the initial investment cost ofthe new communication backbone. This next generation system will provide effective and reliable voice radio communications for routine intra- and interagency operations as well as inter-agency communications throughout the region during essential day-to-day operations, mutual aid and disaster operations. 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 of San Diego, 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. Two extensions in the existing agreement will provide transition time to the NextGen RCS beginning with Requests for Proposals in 2014, contract awarding in summer 2015, infrastructure replacement in 2016 and completion in 2018. This NextGen RCS Agreement also provides incentive for 1995 RCS Parties to execute this NextGen RCS 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. DEPARTMENT CONTACT: Mike Davis 760-931-2141 michael.davis@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • FISCAL IMPACT: After all NextGen Parties have signed the agreement and after the final contract amount for the NextGen system has been determined, the County of San Diego 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. For Carlsbad a Citywide radio inventory and needs assessment was completed to ensure voice communication is adequate for daily and anticipated disaster emergency response and recovery. This needs assessment was also conducted to ensure cost containment for ongoing maintenance and to better estimate Carlsbad's initial buy into the system. Using the existing NextGen RCS Exhibit C the City of Carlsbad's portion of infrastructure replacement is estimated to be $2,687,500 due in total within sixty days ofthe issuance ofthe revised Exhibit C and prior to contract award, which is anticipated to occur in the spring or summer of 2015. A financing mechanism, separate and apart from this NextGen RCS Agreement will be determined and made available by the County. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require further environmental review. EXHIBITS: 1. Resolution No. 2014-011 authorizing the City of Carlsbad to enter into the Next Generation Regional Communication System Agreement with the County of San Diego. 2. Letter from the County of San Diego, dated December 12, 2013 3. Next Generation Regional Communication System Agreement 1 RESOLUTION NO. 2014-011 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY OF CARLSBAD TO ENTER INTO THE NEXT GENERATION REGIONAL COMMUNICATION 4 SYSTEM AGREEMENT WITH THE COUNTY OF SAN DIEGO 3 16 17 18 19 20 23 24 25 26 27 28 WHEREAS, the Next Generation Regional Communication System (NextGen RCS) will 5 6 y provide essential day-to-day communications operations for public service agencies, including 8 the City of Carlsbad Police and Fire Departments; and ^ WHEREAS, this communications system improves San Diego County's ability to respond 10 to citizen requests for service and is the backbone system for coordination during significant 11 regional events; and 12 WHEREAS, the original March 7,1995, RCS Participating Agency Agreement between the 14 County of San Diego and participating cities and jurisdictions, including the City of Carlsbad, will 15 continue to operate and govern the operation, maintenance, governance and administration of the existing RCS system until such time the 1995 agreement expires in 2016; and WHEREAS, The City of Carlsbad, is showing good faith and intention to participate in the NextGen RCS agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 21 California, as follows that: 22 1. The above recitations are true and correct 2. The Council approves and authorizes the Mayor to execute the Agreement on behalf of the City of Carlsbad and thereby showing the City of Carlsbad's commitment to participate in the Next Generation Regional Communication System. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 21st day of Januarv 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn, Douglas. None. ABSENT: None. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATT H'ALL, Mayor ATTEST: BARBARA ENGLESOIV^ity Clerk RON LANE DEPUTY CHIEF ADMINISTRATIVE OFFICER (619) 531-4535 FAX (619) 232-2436 CERTIFIED MAIL December 12,2013 Mr. Kevin Crawford City Manager City of Carlsbad 2560 Orion Way Carlsbad, CA 92010 Dear Mr. Crawford: PUBLIC SAFETY GROUP 1600 PACIFIC HIGHWAY, ROOM 205, SAN DIEGO, CA 92101 NEXT GENERATION REGIONAL COMMUNICATIONS SYSTEM FINAL AGREEMENT The Next Generation Regional Communication System (NextGen RCS) Agreement is enclosed for consideration, approval and signature by your goveming body or other proper authority. The Agreement was approved by the San Diego County Board of Supervisors on December 3, 2013 (6). This agreement is the culmination of work over the intervening past several months from independent technical consultants, the RCS Executive Working Group (an executive steering committee comprised of representatives of RCS Partner agencies), and attomeys from partner agencies to offer and secure continued participation of local governments and agencies in the NextGen RCS. This Agreement defines the terms and conditions of participation in the NextGen RCS and, importantly, provides incentives promoting early commitment to participation. Early commitment to participation is cmcial to establishing system requirements necessary to the contracting process and to giving all parties an estimate of the cost of participation. To that end, a 15% late signing financial penalty is included in the Agreement for agencies that approve and sign this agreement after March 57, 2014 as listed in Section 3.3 of the Agreement. For agencies that approve and sign the Agreement after July 31,2014, the late signing financial penalty is increased to 25%. s Mr. Kevin Crawford City of Carlsbad December 12, 2013 Page 2 This NextGen Agreement will not immediately replace the 1995 RCS Agreement or existing customer agreements will remain in effect until March 31^^, 2016. The NextGen RCS Agreement states that a financing mechanism will be made available by the County (Section 3.6). The County does not yet have details regarding a finance mechanism for interested Parties; however, the County is interested in leaming which agencies may be interested in participating in this financing mechanism. Please communicate vour potential desire to participate in such financing as a Party to this Agreement when you retum your signed Agreement. Your indications of potential desire to participate in financing does not in any way obligate you to participate in County arranged financing. Please submit your approved Agreement with completely filled in signature page with "wet signature" to: Tony W. Potter San Diego County Sheriffs Department ATTN: Wireless Services Division 5595 Overland Ave, Ste. 101 San Diego, CA 92123-1206 Your continued participation in the RCS helps to sustain communications interoperability among the region's public safety and public service partners for emergency and disaster response communications. I appreciate your prompt attention to this Agreement and look forward to your continued participation in the RCS. Please address any questions regarding the Agreement to Sue Willy, RCS Manager, by email Sue.Willv@sdsherifforg or by telephone at (858) 694-3953. Sincerely, Lonald/j. Lane Deputy Chief Administrative Officer RJL:SW:tp Enclosure: NextGen RCS Agreement 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 Dlego 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 for the 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 of the RCS: (1) contribution to the construction ofthe RCS "backbone", (2) monthly operating charges, and (3) each RCS Party'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 Network 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 Dlego 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 /^reement 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, plus a late penalty amounting to 25% of the 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 ofthe 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 Dlego 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 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 ofthe anticipated busiest hour for all planned users over the life ofthe 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 Event. 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 5 Agreement and the 1995 RCS Agreement during the construction of the 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 Dlego will provide support as necessary. As the governing body for the County, the Board of Supervisors shall have ultimate fiscal and operational control over the NextGen RCS and shall be ultimately responsible for the overall administration and direction of the 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 all 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 Diego County Municipal Police Department (ONE) San Diego County Flre 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 Countv 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 City 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 Sheriff's 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 fire services who shall be selected by the San Diego County Fire Chiefs' Association. 9.2.6 Imperial Vallev Emergency Communications Authority ("IVECA"). 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 Responsibilities 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 shall 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 shall 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-Chairoerson. The Chairperson and a Vice Chairperson ofthe NextGen RCS Board of Directors shall 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-Chalrperson, 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 of the agreement. 10.5 WSD Manager. As the manager and operator of the NextGen RCS, the Sheriffs 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 DIrertors. 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 Sheriff's 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. INFRASTRUCTURE, 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 total 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 ofthe 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 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 Dlego County governments and agencies that are NextGen RCS Parties but that are not members ofthe 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 ofthe agency. 11.7 Agency Subscriber and Dispatch Equipment. Subscriber and dispatch equipment are not part of the backbone infrastructure. The costs of purchasing, operating, and maintaining P25 compatible radio equipment, P25-compatlble 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. Priorto 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 ofthe 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 of this 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 all 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 Suoervisors (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 tafomn and legality Couj/itvro^oilinsei Senior Deputy A|>piov8d and/or auttiorized by the BotPdlcf SMptMsofslof the pounty of S«n Oiego. MMiiriq Otterii "^f Minute Order ^o.J^ ra SupetvifiAfa ..- *-Ciei l^upetvisors Signature Page to NextGen RCS Agreement Nameof Party: Party Authorization and Acceptance On /-A/- _(Date), Item or Agenda No. ot. the Cx^ CMUSM) eery COUUCIL^ (Name of Governing Body) Authorized the Undersigned to Accept, Agree to and Execute This NextGen RCS Agreement on behalf ofthe (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: Signature of Authorized Party Official: Date of Signature: APPROVED AS TO FORM O »OP CA/2-LS i^D ^1 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 (Indudes 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 Coimty 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 30 9M Plage CountV-taptriaiCaiwty San Diego County - Imperial County REGIONAL COMMUNICATIONS SYSTEM AGREEMENT Table of Contents S£C710Af PAGE f. Purpose end Intent ofAgnemsnt 1 2. Regional Communications System (RCS) Overvisw 1 3. Agreement Contingencies 2 4, RCSPar^cipants 2 5. Additional Participants 2 6. Perfbrmance Requirements 3 7. RCS Access Priorities 3 8. RCS Qovemance 3 9. Roles and Responsibilities 4 10, RCS Member Board 4 ff. RCS Board of Directors 5 IZ Representation on Uie RCS Board of Director 7 13. RCS Board of Directors Terms and Qualifications 8 14. Attendance and Participation by the Pubiic 9 IS. RCS Voting Requirements 9 IB. Department of information Services Support Staff Role 9 17. Agency Costs and CSA Benefit Charges 10 18. Point of Demarcation - Responsibility of Equipment 13 19. Purchase of RCS Compatible Equipment 20. Term of Agreement; Entire Agreement 21. Agreement Modification 22. Termination of Agreement 23. Binding Arbitration Signatures Authorizing Slgnatuns of Qovoming Parties Bcfiibit "A" Parties to the Agreement BcMbH"B" Estimated Agency On^Time Costs (Vok:e and Data) exhItH "C" Example of Estimated Agreement Start-up Costs Bdilbii "0" RCS Governance Structure Flow Chart 3l 5an Diego County— Imperial County REGIONAL COMMUNICATIONS SYSTEM Participating Aqiency Agreenriftnt 1. Purpose and Intent of Agreement 1.1. This Memorandum of Agreement dated as of March 7,1995, between the parties named m Exhibit "AT and the County of San Diego, a politlcai subdivision ofthe State of Califomia, provides for the development and operation of a Regional Communications System (RCS) benefiting the radio* communication needs of pubikr safety and public seivice agencies operating In the counties-of San Diego and Imperial. 1.2. Nothin9> in this-Agceement is intended to.Iessen parttcipatlng member Jurisdidlons' authority over and responsibility for even^ occurring within their jurisdiction. 1.3. In order to provide an altemate source of ftjnding for agencies participating in the RCS, the County of San Diego has fomied County Sen/ice Area (CSA) 135 pursuant to Govemment Code (GC) Section 25210.1' et. seq. 1.4. For participating agencies deciding to use CSA 135 to fund their system costs, tiie County Intends to levy parcel changes according to benefit per §25210.77a GC- NOWTHEi^FORE, THE PARTIES HERETO AGREE AS FOLLOWS: Z. Regional Communications System (RCS) Overview 2.1. The RCS will replace the participating public service and public safety agencies' existing radio communicatiwi systems tiiroughout San Diego and Imperial counties wfth a modem, trunked radio system. 2.2. The RCS will Inciude a separate Mobile Data System (MOS) that will be used to transmit data for regional public safety and public sen/ice users over 800 MHz racBo frequencies dedicated to that purpose. Parijcipation in the MDS is not mandatory, and tiie MDS coverage area wiR 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 tiiroughout tiie region during mutual aid and disaster operations. Pubiic safety and public service agencies throughout tiie counties of San Dlego and Imperial will have tiie opportunity to join the RCS. 2.4. For the purposes of this Agreement, Public Safety and Public Servtee agencies are defined to include: Participating Agency Agreement 2.4.1. PubHc SaMy indudes all law enfiorcement, fire sennce, EMS and disaster preparedness agencies in San Diego County and imperial County. 2.4.2. Public Sen/lee includes tbe State of Califomia Department of Transportation (CALTRANS) District 11 and other participating agencies in the counties of San Diego and Imperial whose primary responsibllty is providing citizens with sendees other than law enfbfcement, fire sennoe and disaster preparedness. 2.5. All law enforcement, fire sen/fce. disaster preparedness and participating public senrice agencies in San Diego County and Imperial County shail have access to mutual aid communications capabilities. 2.0. Communications with agendes that have installed their own 800 MHz radio systems shaii be fadlitated via interfeK^ to the RCS. 3. Agreement Conffngencies 11ii8 agreement is void unless finandng for the radio system infrastmcture is approved by the San Diego County Board of Supen^isoRi and the necessary finandng doses. As to the County of Imperial, this Agreement shatl temiinate if a CSA or other funding mechanism for communications purposes is not established within two years of the date of this Agreement 4. RCS ParticipantB 4.1. The RCS shall be designed to support the requirements of San Dlego and imperial county public safety and designated pubfic 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. AH partk:lpants shall receive equitable representation on the Regional Communteations System Member Board (RCS tHember Boturd) as set forth in this Agreement 4.4. As part of implementing this agreement, participating agendes shall co- Ikjense or transfer their cunently allocated 800 MHz frequencies to the County of San Diego for use in the RCS. 4.5. No adions by the RCS Board of Directors, by the County of San Diego or by the County of Imperial may be so broad in nature that they negatively affect or impad the operational or legal integrity of its individual member agencies. 5. Additional Participants 5.1. As system capacity permits, 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 given to agendes with licensed, public safety/public service 800 MHz fluencies that can be co-iicensed or trans- lt4aich7.198S Page 2 33 6MDto«» CMiRlylm|OTtaiC0iiiity Participating Agency Agreement ferred to the RCS, If such action can resuit in enhanced radio communications capabifties for all partidpants. 6. Performance Requiraments 6.1. The RCS shall be designed to provide a high level of sen/ice and responsiveness, witti region-wide coverage and caisactly for all planned users throughout the term ofthis Agreement 6.2. The RCS design objectives for ttie perfonnance of portable and mobile votee and data radio equipment and the quality of coverage provkled 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 ttie loading requirements of the antldpated busiest liour for all planned users over the Ufe of the system. 6.4. The actual RCS coverage plan shail be determined by tiie RCS Board of Diredors. 7. RCS Access Priorities 7.1. in the event that aU radio channels in tiie RCS are busy, usera wanting to speak shall be prioritized as follows, regardless of how long ttiey have been waiting. 7.1.1. Priority One—Emergency Mentlflcalion. An Emergency Identification is defined as the message received when a public safety member calls for immediate assistance by adivatirig an emergency button or switch on the user radio equipment. 7.1.2. Priority Two—Public Selwty 7.1.2.1. Public Safety indudes the normal daily radio transmissions of law enlbrcement fire sendee, paramedic providers and disaster preparedness personnel using tfie RCS. 7.1.2.2. Public Safisty also indudes RCS usere whose normal lower priorities have been temporarily changed to resolve an unusual occurrence or large scale disaster. 7.1.3. Priority Three — Non-Pub^ SaMy, Special Event Non-Pubiic Safety, Spedal Event indudes planned events involving pubiic service agency partidpants ttiat are beyond the scope of their normal daily operations. 7.1.4. Priority Four — Non-Publle Safety, Regular, Non-Public Safety, Regular indudes the normal dally radio transmissions of pubic sen/ice agencies using tiie system. 8. RCS Governance March 7,1995 Pages 3^ emOlat^ Cbyi%»IW|wrtilCauiity Participating Agency Agreement 8.1. The overall goat in goveming ttie RCS shaU be to establish an operational and management structure ttiat wiH provide authority to partidpants during ttie RCS's development and in ttie subsequent ongoing administration and management tiiroughout the tenn of ttiis agreement. Exhibit "D" depicts an RCS governance flowchart 8.2. The RCS Member Board and ttie RCS Board of DIrectore are established by ttiis Agreement ttie duties and responsibilittes of which are set fortti in §10 and §11. 8.3. The governance objedlves indude: 8.3.1. Provide a stmcture which retains administration and fiscal responsibility of the system in ttie control of ttie partidpating agendas. 8.3.2. AHow the use of a CSA funding mechanism. 8.3.3. Establish an organization wNch fadlitates dedsion making. 8.3.4. Leverage resources where appropriate. 8.3.5. Devetop an organization which vi^l remain flexible and meet ttie needs of ttie participants over ttie femn ofthe agreement. 9. Roles and Responsibilities As required by ttie Caifbmia CSA law, ttie San Diego County Board of Supennsors shall have ultimate legal and fiscal contrd over ttie RCS. Suliject to such uttimate conttol, the Board of Supen/isors shaO delegate ttie fiscal conttol and operational adminlsttation of the RCS to ttie RCS Board of Directore. 10. RCS Member Boaid 10.1. Each of the parties to tfiis ^reement desires to partidpate in ttie governance of ttie RCS as a member of ttie Regional Communications System Member Board to be fomned under the provisions ofthis Agreement. 10.2. The Regional Communications System Member Board shall have re- sponsibility for, and shaH provide administration of components ofthe RCS tiiat are common to aH partidpating agendes. 10.3. Each partidpating agency shaH appoint one representative to serve on the RCS Member Board. Representatives to the RCS Member Board shaU sen/e at ttie pleasure of ttielr respective appointing auttiority. 10.4. A partidpating jurisdiction witti muttiple agendes whose pubRo safety and service radio communication needs are being met by the RCS shaH be entitied to one representative on ttie RCS Member Boanj Ibr each type of agency. (I. E., a partidpating dty whose polioe and flre departments use ttie RCS shaii have a RCS Member Board representative from each department.) March 7.1995 Page 4 35 Participating Agency Agreemem 10.5. The RCS Member Board shail be responsible fbr recommending operational changes and for partidpating in ottier committees, or in other ways deemed appropriate by ttis RCS Board of Diredore. 10.6. The RCS Member Board shall be responsible for approving the annual budget. 11. RCS Board of Directore 111. The RCS Board of Diredors shaR be composed of RCS representatives of each type of partksipating public safety/public sen/ice agency. 11.2. Members of ttie RCS Board of Directors shaH be detennined in ttie fdtowing manner, acconfing to ttie type of agency. 11.2.1. San Diego County: 11.2.1.1. The delegate fiom ttie San Diego Sheriff's Department shall be ttie Sheriff or ttie Sheriffs designate. 11.2.1.2. The representative fbrthe County of San Diego shaU be tfie Chief Administrative Officer (CAO) or the CAas designate, preferably from ttie Office of Disaster Preparedness. 11.2.1.3. The municipal pdice representative shaH be a pofice chief or designate from RCS member agendes who ShaH be seleded by ttie San Diego County Polk» Chiefs and SheriffTs Assodation. 11.2.1.4. The munkapal fire representative shaH be a fire chief or designate ftom RCS member agendes who shaH be selected by ttie San Diego County Rre Chiefs Association. 11.2.1.5. The fire distrid reprssentative shall be a fire chief or designate fixim RCS member agendes who shaH be selected by ttie San Diego County Chapter. Fire Districts Assodation of Caiifbmla. 11.2.1.6. The North County Dispatch Joint Powere Auttiority (JPA) representative shaH be a fire chief or designate fi-om RCS member agendes who shall be selected by tiie North County Dispatch JPA goveming body. 11.2.1.7. The Heartland Communications Fadlity JPA (HCFA) representatives shaH be designates ftom RCS member agencies who shaH be selected by tiie HCFA goveming body. 11.2.2. imperial County: 11.2.2.1. The delegate from the Imperial County Sheriff's Office ShaH be tiie Sheriff or a designate. March 7.1995 Pages Participatiiig Agency AgrMinent TTiiiiimiriiiMiiiiif •tiiiiM njiiriiii 11.2.2.2. The representative for ttie County of Imperial shaH be the CAO or a designate. 11.2.2.3. The munidpal police reprssentative shall be a police chief or designate fiom RCS member agencies who ShaH be selected by ttie Imperial County Police Chiefs Assodation. 11.2.2.4. The munidpal fire representative shaH be a fire chief or designate fifom RCS member agencies who shaU be selected by ttie Imperial County Fire Chiefs Assodation. 11.2.2.5. The fire distrid representative shaH be a fire chief or designate firom RCS member agendes who shaH be selected by ttie Imperial County Chapter, Rre Distrids Assodation of Caiifomia. 112.Z. The representative fbr CALTRANS shaH be a designate selected by appropriate state authority. 11.2.4. This Agreement provkles for the addition of two public service membere of tiie RCS Board of Directors, to be added when pubHc sendee agencies join ttie RCS. 11.3. The RCS Board of Diredore shall be responsible for ttie overaR administtation and direction of tiie RCS ttirough interaction witti ttie San Diego County Board of Supendsora, ttie assigned San Diego County staff and ttie RCS Member Board. 11.4. Specific rssponsibifities of the RCS Board of Directore shaH indude: 11.4.1. Formulating 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 sutscommittees as necessary to ensure the interests and concems of each user agency are represented and to ensure technical issues are thoroughly researched. 11.4.3.1. The RCS Board of Diredors 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 partidpants, administration ofthe MOS shall revert to ttie RCS Board of Dirsdors. 11.4.4. Monitoring the implementation of the RCS. 11.4.5. Reviewing and adopting recommendations regarding the establishment of system priorities and talk groups. 11.4.6. Developing and approving RCS operating policies and proce- dures. March?, 1995 Paged 31 Parttelpating Agency Agreement RsftSfnlCpiiNiittiilfistlonsSystMii 11.4.7. Overseeing ttie establishment of long range plans. 11.4.8. Overeeeing scheduled system reviews at intenrals detennined by the RCS Board of Diredore, but not to exceed three yeara. 11.4.9. Budgeting and approving ttie disbursement of money from aH CSA 135 ftjnds. 11.4.10. Making recommendations to ttie San Diego County Board of Diredore regarding the indusion of additional RCS partidpants. 11.4.11. Addressing concems of partidpating agendes. 11.4.12. Adopting appropriate actions to adjust RCS policies or procedures. 11.4.13. Adopting by-laws to govem the RCS Boarel of Director's intemal operations. 11.4.14. Meeting quarterly or more ftequentiy, if necessary. 11.4.15. Appointing a new Chairpereon annually. 11.4.16. Conducting an annual fiscal audit. 11.4.17. Conducting periodic RCS audits. 11.4.18. 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 Directore: 12.1.1. San Diego County: 12.1.1.1. Sheriff's Department 12.1.1.2. County Representative (Office of Disaster Preparedness) 12.1.1.3. Municipal PoJke 12.1.1.4. Municipal Rre 12.1.1.5. Rre Distrids 12.1.1.6. NorthCounty Dispatch Joint Powere Authority 12.1.1.7. Heartiand Communications Fadlity Joint Powere Authority 12.1.2. Imperial County: 12.1.2.1. SherifTs Department 12.1.2.2. County Reprssentative 12.1.2.3. Municipal Police 12.1.2.4. Municipal Rre March 7,1996 Page? SMOtaga CaiiMy-ln|Mi(ilGdiMly Participating Agency Agreement f •thiMi rwwiniluiliiiiB SjBUm 12.1.2.5. Rre Districts 12.1.3. CALTRANS 12.1.4. PubHc Sendee agencies shall seled two delegates at large. 13. RCS Board of Directore Teims and Qualifications 13.1. Temns for membere of ttie RCS Board of Diredore shaH be detennined by ttieir appointing auttiority. AH membere of ttie Board of Diredore sen/e at ttie 13.2. The appdnting auttiority shaO also seled an altemate to ttie RCS Board of Diredore. Altemate membere are encouraged to attend regular Board of Diredore meetings, but shaH vote only in the absence of ttie regular member. 13.3. Only representatives of agencies partidpating in ttie RCS may be setected to ttie RCS Board of Diredore. 13.4. The Chairperson and a Vk» Chairperson of ttie RCS Board of Diredore shall be biannuaUy eleded by a majority vote of the Directore. During ttieir term, ttie Chairperson and Vice Chairpereon shall serve at ttie discretion of a majority of ttie Diredore. 13.5. Attendance at Board of Diredore meetings: 13.5.1. Membere of the Board of Directore are expected to attend aH possible meetings to represent tiieir group intereste and to help condud RCS business. Arrangemente shoukl be made for tine altemate to attend in ttie absence of the primary representative. 13.5.2. To remain on the Board of Directore, a diredor may not exceed more than three absences from regulariy scheduled Board of Diredore meetings during a County of San Diego fiscal year (July 1 through June 30). 13.5.3. If a director exceeds more than ttie aHowable ttiree absences in a fiscal year, the Board of Diredore shaU request a replacement fiom the appdnting auttiority unless, because of extraordinary drcumstences, tiie Board of Directore votes to allow one additional absence. 13.5.4. Attemate diredore shaU be subjed to the same requirements for aH meetings ttiey are required to attend. 13.5.5. An absence by botti the primary diredor and ttie altemate diredor representing the same appointing auttiority shall be counted against both parties. 13.5.6. By vote of the Board of Diredore, a leave of absence may be granted to a primary or altemate diredor for no more than 180 days. Only one leave of absence may be granted in any twelve montti period. March 7.1995 Pages 3^ Participating Agency Agreement ffiUldnilCwiHWiilriMfliMffijctkim 13.5.7. Resignation from the Board of Directore shaH be submitted in writing to tlie chairperson and to ttie appointing authority. 14. Attendance and Participation by the Pubiic 14.1. Ralph M. Brown Act AH meetings ofthe RCS Board of Directore and RCS Member Board shaH be noticed and conducted in accordance wrth ttie provisions of ttie Ralph M. Brown Ad (GC §54950 eL seq.). 14.2. Local, state and federal representatives of public safety or sendee agendes who are not parties to ttiis Agreement may partidpate in RCS Board of *• Diredore, Member Board or committee meeti'ngs as membere of the public, but shafl not have voting righte. 14.3. Representatives firom non-partidpattng agendes may not sen/e in any official capacity in reaped to RCS administration, management or operation. 15. RCS Voting Requiremente 15.1. Membere of ttie RCS Member Board, Board of IDIredore and committees shaU vote on aH Hems on the basis of one vote per member. 15.2. A quomm for ttie condud of business exists when a majority of the membere are present at Board of Dirsdore, Member Boanl and other committee meetings. 15.3. Actions on aU boards and committees shall be d^mnined 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 ito proxy. 15.5. In ttie case of RCS Board of Dirsdore adions, ttie altemate delegate shall only have a voting right in the absence of ttie regular delegate. 16. County of San Diego, Department of Information Services (DIS) Support Staff Role 16.1. OlS staff shall senre as an advisory and staff function to the RCS Memtser Board and RCS Board of Diredore. 16.2. DIS staff shaH manage the day-4o-day operation of the RCS subject to direction fipom and review by ths RCS Board of Diredore. 16.3. DIS staff ShaH provkte support as necessary, but shaH not have a voting right on any business before ttie RCS Member Board, the RCS Board of Diredore, or any committees. 16.4. DIS staff ShaH perfonn the functions necessary to ensure that specific system perfornnance guarantees are mainteined throughout the term of the agreement 16.5. As tiie manager and operator of ttie RCS, ttie Department of Infomnation Sen/ices shaH have ttie responsibility to: March ?. 1995 Page 9 4o 9«iOUf0 Caun^-hnpiirMCowiiy Participating Agency Agreement 16.5.1. Provkle appropriate staff support to ttie RCS Board of Diredore as requested, wtthin budgetery resttaints. 16.5.2. Seek RCS Board of Diredore approval of major policy dedsions related to the R(^. 16.5.3. Devetop contracts witti vendore and submtt to RCS Board of Diredore for approval. 16.5.4. Implement the regional 800 MHz public safety vdee and data radio systems. 16.5.5. Retein employees and agents. 16.5.6. Acquire, hold or dispose of property necessary to operate the RCS. 16.5.7. Charge participating agendes for expenses incurred in ongoing maintenance and operation ofthe RCS. 16.5.8. Implement policy. 16.5.9. Monitor and maintain RCS perfonnance. 16.5.10. in conjunction with ttie RCS Board of IDiredore, develop and recommend ttie annual RCS budget 16.5.11. Reassign RCS priority in exbaordinary drcumstences and make emergency repaire as rsquirsd. 16.5.12. Provide information and support as necessary to the RCS Board of Diredore. 16.5.13. Provide operating reporte and technical information 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 ttie RCS Board of Directore to ensure proper accounting for aH ongoing operations and maintenance costs. 16.5.15. Use the records to justify any adjustinent to agency benefit chaiges. 16.6. The Diredor of DIS shall provide the RCS Board of Directore timely advance notice of impending pereonnel changes affieding any management staff assigned RCS responsibilities. 17. Agency Coste and CSA Benefit Charges 17,1. The Department of Information Sendees shaU implement, manage and operate tiie 800 MHz tmnked radio backbone and microwave systems. 17.1.1. Coste ft)r agendes partidpating at ttie time the RCS is implemented are refleded in Exhibit "B". MDS partidpatton coste are separate from voice radio system coste. Mareh 7,1995 Page 10 ^1 Participating Agency Agreement 17.1.2. Coste for agendes joining subsequent to tiie impiementetion of ttie RCS: 17.1.2.1. The County of San Diego shaN assume the costs of implementing the voice and date radio backbone systems in areas where agencies have not committed to RCS partidpation. 17.1.2.1.1. RCS coverage in those areas shaH meet the requiremente of ttie County of San Oiego. 17.1.2.1.2. Coste to enhance coverage to satisfy the needs of an agency joining the RCS subsequent to the original imptementation shail be the joining agency's responsibiHty. 17.1.2.2. An agency joining ttie RCS shaH be rssponsible for paying their original one-time coste as represented in Exhibit "B*, plus financing coste ttiat have kicuned since ttie date of ttiis Agreement. The RCS Boarel of Directore shaH reimburse appropriate finandng expenses to ttie County of San Diego in relatton to §17.1.2.3. (PYAtmi IS. ffSanitedBCAIestoJoinlheRCSallerllveyemsof UiB IS year agmemmit have pasatd, th^ costs wShcknie: (1) Uteirealhw^one-&ne costs as shown hExNi^'B''and, (2) assodatsdllnam^oo^Ajrffie^lhn years, as shorn kiExhM'C'. The /?CS Board ofOkedtots staff Ihen rBonbuse the Comity of San Diego forptkia'pal and financing expenses that resulted because afSmtee's atosnce dunhg /fie ir^Uve yeeaa.) 17.1.2.3. An agency or jurisdiction ttiat wants to join ttie RCS must pay a proportional cost ofthe overaH votoe radk> backbone and microwave development investment. ff ttie agency or jurisdiction deddes to use CSA 135 for funding, it must fite an application with ttie San Diego County Local Area Fbmnation Commission (LAFCO) tojdn CSA 135. Each agency is responsible for ite own coste assodatsd with the LAFCO process. 17.1.2.4. All fiinds received firom agendes joining the RCS shall be deposited in the CSA 135 account for appropriate distilbution by ttie RCS Board of Directore. 17.2. The agency may use a funding mettiod ottier ttian CSA 135 to pay for its RCS origination and operating expenses. March 7,1995 Page 11 Participating Agency Agreement 17.3. Ongoing operations and maintenance coste shaH be shared equally by the partidpating agencies and shaU be based on ttie established formula. (See Exhibit "B") 17.4. Monttiiy Operating Fees 17.4.1. The coste of ongdng operations and maintenance ofthe tmnked voice radio system, mobHe date radio system and microwave system shall be allocated to ttie parttd|rating agendes on a per radio basis. 17.4.1.1. The cost per radio shaN be limited to ttiose radtos used on the RCS during normal operations. 17.4.1.2. Radios temporarily added by an agency to handle a disaster or emergency shall not be a part of detemnining ttie agency's ongoing RCS coste unless the radios are rstained for normal operations following resdution of the disaster or emergency. 17.4.1.3. The coste of ongdng OFerations and maintenance on ttie vdce system and tiie mobile date system shail be determined separately, since not aH agencies wiH deckle to use both systems. Therefore, the monthly operating fees for radios on each system may be different 17.4.2. After resolving whk:h agendes are participating and detemnining ttie actual number of radios to be induded in each system (voice and date), flie cost per agency shall be finalized. 17.4.3. The final cost shaH be in effed for a period of one year and shaH be adjusted annually to refled adual coste. 17.5. Resen/e 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 from ttie CSA 135 account. 17.5.2. All ftjnds rsceived by ttie County of San Diego from aU RCS participating agendes, forthe purpose of ftjnding ttie RCS shaH be deposited into ttie CSA 135 accounL 17.5.3. Resen/e fimds, induding intersst, shaU be maintained in ttie CSA 135 account for ttie purposes of oontingendes and for RCS upgrades and enhancemente. 17.5.4. CSA 135 rssen/e ftjnds can only be used for Regtonal Communications System purposes and on approval of the RCS Board of Diredore by majority vote. 17.5.5. The RCS Boarel of Directore shaH review CSA 135 ftmd levels annually and take appropriate adion. 17.6. CSA 135 Zone Option and Coste March 7,1995 Page 12 43 Participating Agency Agreement 17.6.1. Each participating agency shall have the afc)ility to customize their own CSA 135 requiremente for other RCS componente. induding user equipment, communications center equipment and operating eoste, by develop»ig a CSA zone. 17.6.2. Each agency estabHsNng a zone shaH have ttie responsibility to develop an annual zone budget and zone benefit fee schedule. 17.6.3. The CSA ftjnds generated wtthin ttie zone may only be utilized to meet ttie requiremente of ttiat zone. 17.7. Unless ottierense agreed, maintenance of agency owned RCS equipment ShaH be provkled by Department of Inftxmati'on Sen/k»s staff assigned to tiie RCS. Ail assodated maintenance costs shall be included as a part of ttie agency monttiiy operating fees. 17.8. Maintenance and ottier costs associated witti the provision of primary commercial and back up 110/240 volt A. C. eledrieal power shail be ttie responsibiHty ofthe agency. 17.9. Untess ottienwise detemnlned by separate agreement each partidpating agency shaH be responsibte fbr ttie coste assodated wHh connecting to ttie RCS backbone from ttie point of demarcatton to ttie agency radio system equipmenL 18. Point of Demarcation for Responsibility of Equipment 18.1. Unless ottierense determined by separate agreement, ttie demarcation point between RCS responsibility and agency responsibility Is the microwave radio channel bank equipment tenmination blocks ttiat are used to interconned the agency radio consoles and ottier eledronto devices used for voice and date communications to tfie channel banks. 18.2. Each partwipating agency shaH be responsible for aH coste associated witii ttieir mobile date system application development user equipment and Integration from the point of demarcation. 19. Purchase of RCS Compatible Equipment 19.1. Each participating agency agrees to meet County of San Diego spedfications, induding brands and modeto when appropriate, for associated equipment used to interconned to ttie RCS. 19.2. Participating agencies agree to submit spedfications of radio system related equipment ordere to County RCS staff to ensure compatibility before purchase. 19.3. Associated equipment may be purchased through the County of San Diego to insure compatibility and favored prickig. 20. Term of Agreement The term of agreement is for fifteen yeare fiom the date of this Agreement. 21. Agreement Modification; Entire Agreement Match 7.1995 Page 13 44 9mDla|» CourtylmfiriilCHM^ Parttelpating Agency Agreement RigldMlCMnmiilaltoMfiyaitam 21.1. This Agreement may only be amended in writing with the approval of the goveming bodies of all parties to ttiis Agreement Prior to processing an amendment, a recommendation shaH be requested from the RCS Board of Diredore. 21.2. This Agreement constitutes tiie entire agreement of the parties and any previous oral or written agreemente are supereeded by this Agreement. Subsequent agreemente may be entered into with CALTIRANS and the County of Imperial conceming RCS mattere. 22. Termination of Agreement 22.1. In order to terminate participation prior to the end of tiie fifteen year temn, the withdrawing agency must provkle no fess than a one year written notice of intent to temiinate partidpation. 22.2. Temnination shaH be granted provided ttiat ttie withdrawing party: 22.2.1. Retums to the RCS all equipment for vakie ttiat ttie RCS Board of Diredore determines is required to maintein the RCS for ail remaining usere; and. 22.2.2. If ttie temnination compromises the legality of the CSA benefit charges in the jurisdiction of the wittidrawing agency, such agency shall be responsible forthe remaining debt paymente wNch would have aggregated from ttie CSA. 22.2.3. If an agency that brought firequendes to the RCS opts to temninate, ttie RCS Board of Diredore shall negotiate a settlement that elHier retums the same or equivalent operabte frequencies, or provkles equitable compensation if firequencies are left witti tfie RCS. 23. Aibitration 23.1. If settlement on an issue cannot be reached between the grieving or temiinating agency and ttie RCS Boand of Diredors, binding arisifration shall be emptoyed to reach a settlement. 23.2. The arbitirator shaH be selected by mutual agreement of the RCS Boarel of Diredore and ttie temninating agency. 23.3. it ShaH be the duty of tfie artNtoator to hear and conskler evklence submitted by tfie parties and to tfiereafter make written findings of fad and a disposition ofthe settlement whteh shall be binding in nature, except as to issues of law. 23.4. Each party to a hearing before an ariaitiator shaH bear his own expenses in connection tiierewitfi. 23.5. Ail fees and expenses of the arbitrator shaH be borne one-half by remaining membere of the RCS and one-half by the grieving or withdrawing agency. March 7.1995 Page 14 If SMOii[|» Canity-lmM(WCs«Mly Parttelpating Agency Agreement IN WITNESS WHEREOF, ttie parties hereto do affix ttieir slgnaturss. CO(/jV7YOFS4IIO/£GO Board of Supervlsora Approval Date! MAR 7 1995 cmr OF CARLSBAD Coundl Approval Date: warn 22, 1995 CITYOFDELMAR Coundl Approval ^ OTYOF ENCINITAS Coundl Approval Date;iuiiffw ?y ions crrv OF IMPERIAL BEACH Coundl Approval CfTY OF LEMON GROVE Coundl Approval Date: C/7Y0FP0M«y Coundl Approval Date: H-/^-^S CITYOFSANMAI^OS Coundl Approval Date- ^y/J^fS- CITYOFSOLANA BEACH Coundl Approval ^ Date:j£lLZr:25I_ By. By- By- Mayor Mayor Mayor Li Mayor Marcii 7,1995 V>»nm li; 4^ SMOfag* CaumylnpiriitCauity Exhibit "A" Participating Agency Agreement PARTIES TO THE MARCH 7,1995AGREEMENT 1. Alpine Fire Protection District 2. Bonlte-Sunnyside Flre Protection District 3. Borrego Springs Fire 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. Califomta Department of Transportation, District 11 14. County of Imperial (all county and city public safety agencies, all territories) 15. County of San Diego (county public safety and service agenctes) 16. Deer Springs Fire Protection District 17. East County Flre Protection District 18. Heartiand Communications Dispatch Facility JPA 19. Julian - Cuyamaca Fire Protection District 20. Lakeside Rre Protection District 21. Lower Sweetwater Fire Protection District 22. North County Dispatch JPA 23. Pine Valley Rre Protection District 24. Rancho Santa Fe Fire Protection District 25. Rural Fire Protection District 26. San Miguel Consolidated Fire Protection District 27. Valley Center Flre Protection District March 7.1995 41 Exhibit "B" Participating Agency Agreement ESTIMATED AGENCY ONE-VME COSTS Combined Voice and Data Backbone f<—Wain CoMHly- tiyrtetCwirty (Mb* UiiliiMipaniAtd 178.479 t.124,170 31.28% 12,498,938 981755,256 $300,874 $1,054,313 CaritM 34.851 203,735 &87K 452.790 1.5a«.6$0 54.525 191.085 MMar 4.880 19.533 0l54« 43.413 152.127 5.2» 18,319 enctettn 19.785 198,735 , 4.42% 352.797 1.236.2S9 42,484 148.871 IMPWWSMCII 4.898 63.199 1.78% 144481 482.190 16.914 99.271 LamanefDva 01940 85,225 1J1« 144.968 507.985 17.457 81.173 14,449 111.924 111% 248,757 871.688 39.955 104.969 11878 118,743 3.30% 263.913 924.794 31.780 111.364 SalMaBwKft 1Z900 47.888 1.33% 106,830 371,228 12.757 44.703 Vtati 19.890 3031328 5L66% 451.907 1,583.558 84.419 190.899 Chute Vhia 3&8S: 384736 10.04% 801,733 Z809.405 9654S 334310 ia4SB 1.74% 138.681 485.880 18,698 S4S11 OC«|an 17,918 240.280 8,88% 931091 1.871.192 84.303 325.330 UMMS 16.051 188.630 4.89% 374.787 1.313.246 45.130 158,142 MrttomtClty 8^ 113,962 ai7% 253.331 887.714 30.508 100.899 48.610 406.690 11.32%' 903.888 1187.377 108.847 381.417 14,596 12Sk247 148% 278.368 975,448 33.521 117.484 rorw, 4ff.tM 9JS94.m icon 127.883^013 i>*l.8« ' BM«lonig94oeiiiM. OownothwIiidaeanamUnitelbrMn-pirtikiRttwaiin. TtiaappreMftcifflfWMsMlwraffiwd with the iwfivk^ " OrtiOiMhiiimeaMisllMbwMomoaly. RdoHootindi^ *** B«Md(M8.S%«nniiat|Mrc«inig«nl». March 7, 1995 ExhibH'V Participating Agency Agreement ESTIMATED COSTS OF AGENCY ENTERiNG SYSTEM AFTER MARCH 7, f995 City of Santee Numbw of BwMflt Unite 125,247 Percent of Total Benefit 3.48% Rnancing Coste of One Time Cost tor IS Yeore at 8.5% APR Principal * $975,448 Ffaiandng $786,510 Total $1,761,958 Annual Payment $117,464 Annual i^ayment if Join in Year Year Annual Payment 1 $117,464 2 $125,854 3 $135,535 4 $146,830 5 $160,178 6 $176,196 7 $195,773 8 $220,245 9 $251,708 10 $293,660 11 $352,392 12 $440,490 13 $587,319 14 $860,979 15 $1,761,958 Annual Payment for Late Starting Agencies S •i Annuo) Riymofit March 7,1995 Exhibit "D" Participating Agency Agreement GOVERNANCE STRUCTURE rj|liioilCai—iimlirtlw 8j»uiii RCS Committees Reporting Relationships. Unes of Communicatfon San Dlego County Board of Supervisors RCS Board of Directors RCS Mefnber Board Member Agency County Staff March 7, 1995 Exhibit B 1995 RCS Parties 1995 RCS Parties Status Aloine Fire Protection District Existing Bonita-Sunnyside Fire Protection District Existing Borrego Springs Fire Protection District Existing City of Carlsbad Existing City of Chula Vista Existing City of Coronado Existing City of Del Mar Existing Citv of El Cajon Existing City of Encinitas Existing City of Escondido Existing City of Imperial Beach Existing Citv 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 City of Solana Beach Existing City of Vista Existing County of 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 Fire Protection District Existing Pine Valley Fire Protection District'' Former Padre Dam Water District * Former fost 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 Exhibit C Estimated RCS NextGen System Cost NextGen Shared Infrastructure Cost NextGen 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 Suhscriber Radio Count Total Estimated NextGen Parties Subscriber Radio Count 13,953 I . ToC^alculate\^ourAge^ 1. Divide the Remaining Costs to be Apportioned oy tne Total Estimated NextGen Parties Subscriber Radio Count Multiply thiis number by ttie 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 Totai 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: Costs are apportioned in two categories- infrastructure and core. Below are the estimated shared Infrastructure apportionment costs per agency San Diego County Party Name Radio Count 9/1/13 Radio Count 7/1/2014 Average Radio Count Estimated Cost for San Diego Shared Infrastructure Alpine Fire Protection District 26 Bonita-Sunnyside Fire Protection District 16 Borrego Springs Fire Protection District 21 City of Carlsbad 436 Cityof Chula Vista 694 City of Coronado 182 City of Del Mar 97 City of El Cajon 460 City of Encinitas 246 City of Escondido 752 City of Imperial Beach 117 City of La Mesa 291 City of Lemon Grove 95 City of National City 284 City of Oceanside 744 City of Poway 296 City of San Marcos 419 City of 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 Flre Protection District 98 Metropolitan Transit System 251 Mira Costa Community College District 20 North County Dispatch JPA 18 North County Flre Protection District 127 North County Transit District 33 Rancho Santa Fe Fire 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 of California, CA Highway Patrol/El Cajon CHP 174 Valley Center Fire Protection District 25 Viejas Reservation Fire Department 33 Potential New Party Potential New Party Potential New Party ,•: tOTAL 13,953 ; • :„.< NextGen RCS Agreement December 3,2013 Exhibit C-2 Cost Apportionment for RCS NextGen Core (Portion of the Shared Infrastructure Costs): Costs 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 Valtey Emergency Communications Authority (IVECA). San Dlego 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 Fire Protection District 21 aty of Carlsbad 436 dty of Chula Vista 694 Gty of Coronado 182 City of Del Mar 97 Gty of El Cajon 460 Gty of Encinitas 246 Gty of Escondido 752 Gty of Imperial Beach 117 Gty of La Mesa 291 Gty of Lemon Grove 95 City of National City 284 Gty of Oceanside 744 Gty of Poway 296 City of San Marcos 419 Gty of Santee 176 Gty of Solana Beach 58 City of Vista 284 Countyof 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 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 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 : ./.;v/:;':.;-.,:to1rAL . 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 Infrasoructure 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 Flre Protection District Cityof Carlsbad City of Chula Vista City of Coronado Cityof 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 Cityof Poway Cityof San Marcos City of Santee City of Solana Beach City of Vista County of San Diego Deer Springs Flre Protection District Hea rtland Conrimunicatiofis Facility JPA Julian-Cuyamaca Fire Protection District Lakeside Flre 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 California, CA Highway Patrol/El Cajon CHP Valley Center Fire Protection District Viejas Reservation Flre Department • Potential New Party Potential New Party Potential New Party . TOTAlS NextGen RCS Agreement Decembers, 2013 Exhibit D Potential New RCS NextGen Parties Potential New Parties Radio Count Radio Count Average Radio Potential New Parties Sept 1,2013 July 1,2014 Count Barona Fire Department 35 Cajon Valley Union School District 125 California Departnnent of Corrections & Rehabilitation Division of Adult Parole Operations 109 Caiifornia Department of Corrections & Rehabilitation Office of Correctional Safety 13 Califomia State University San Marcos (Police) 49 Grossmont Union High School District 128 Grossmont-Cuyamaca Community College 16 Jamul-Dulzura Unified School District 15 La Jolia Band of Luiseno Indians (La Jolla Tribal Police) 4 Los Coyotes Police Department 6 Olivenhain IVlunicipal Water District 3 Palomar College 41 Pala Band of Mission Indians 25 Pauma Band of Luisefio Mission Indians (Pauma Band of Mission Indians) 21 Poway Unified School District 240 Ramona Water District Fire Department 21 Rancho Santa Fe Patrol 17 San Diego Association of Governments (SANDAG) 59 San Dlego County Regional Airport Authority 164 San Dlego Humane Society 34 San Diego State University (Police & Parking] 102 Southwestern 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