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HomeMy WebLinkAbout2009 CON SD County / City of SD - Regional Interoperable Command & Control CommunicationsNOTE TO FILE IN THE MATTER OF: Authorizing the Mayor to sign an Admission Agreement for the City to become a party to the Memorandum of Understanding for the San Diego Regional Interoperable Command & Control Communications (3Cs) Program. A FULLY EXECUTED ORIGINAL MEMORANDUM OF UNDERSTANDING HAS NOT BEEN RECEIVED BY THE OFFICE OF THE CITY CLERK AS OF OCTOBER 6, 2009. Note: • No original agencies signature page has been received. NTF MEMORANDUM OF UNDERSTANDING SAN DIEGO REGIONAL COMMAND & CONTROL COMMUNICATIONS PROGRAM Effective as of the day and year last written below (the "Effective Date"), this Memorandum of Understanding ("MOU") provides for the collaborative development, implementation, and management of interoperable Regional Command and Control Communications ("3Cs") capabilities by and among the City of San Diego, the County of San Diego, and signatories to Addendum A (herein individually referred to as a "Party" and collectively referred to as the "Parties"). This MOU is not intended to establish a Joint Powers Agreement or separate legal entity. This MOU establishes a contractual relationship among the Parties that may be known as the "3Cs Program." Except as provided herein for amendments, bylaws, rules and regulations approved pursuant to the provisions of the MOU, this MOU is the only binding agreement between these Parties related to the subject matter of this MOU as detailed herein. BACKGROUND After the devastating 2003 fire season, public safety officials across the region agreed on the importance of law enforcement and fire -rescue agencies working together. The Regional Command and Control Communications (3Cs) Program is an example of public safety agencies working together to find a common solution for the region which will benefit both large and small municipalities. 3Cs began as a grant funded project in 2005 to build a high -capacity data network transported over microwave radio for the use and benefit of regional public safety entities. The program was initially developed as a collaborative effort between the City of San Diego Police Department, City of San Diego Fire -Rescue Department, and the San Diego County Sheriff's Department to improve information sharing capabilities between first responders, emergency managers, and other responding agencies during emergencies. The collaboration was defined by a Memorandum of Understanding (MOU) between the three departments supporting their `joint commitment to the goal of the collaborative development and implementation of interoperable communication capabilities among emergency agencies and services throughout the cities and unincorporated areas of the County of San Diego and, as feasible, beyond these borders to Riverside, Imperial, and Orange counties." The collaboration enabled the City to apply for grant funds on behalf of the region. 3Cs was divided into multiple phases and funded by a variety of grants. Initial project funding was awarded through the Community Oriented Policing Services (COPS) grant program and subsequent major funding has been awarded through the Urban Area Security Initiative (UASI) grant program. The San Diego Urban Area Working Group (UAWG) provides oversight and approval for all UASI Grant applications submitted on behalf o the San Diego Urban Arca. Grant funds have also been provided through tribal grant programs. To date, all federal, tribal and state grant funds for 3Cs have been awarded to the City of San Diego to manage. CONCEPT OF OPERATIONS The Regional 3Cs network is being built to the highest level of public safety standards with redundant power and network paths to ensure that this network is operating when other networks in the region have failed. The network utilizes primarily microwave technology to transport data between public safety agencies at all levels of government operating in San Diego and neighboring counties. 3Cs connects emergency operations management centers of local, state, and federal agencies throughout the region and surrounding counties to enhance communications and information sharing in critical incidents. In addition to supporting inter- agency collaboration for large scale incidents such as wildland fires and other disasters, the 3Cs network will provide a means to transport data for day-to-day operations. By offering data services on the network, 3Cs will be able to generate revenue to off set on going support costs. Grant funds cannot be utilized to support on -going costs; therefore, a sustainment plan must be implemented. Sustainment is defined as supporting the system through the defined life span of 10 years. Revenue will be generated to support maintenance and operational costs by leasing network capacity to participating public safety agencies and by charging line fees for participants utilizing the network for emergency management. As sponsoring agencies of both the Regional 3Cs project and program, the City and County of San Diego will defer line fee and data transfer expenses by providing labor for the project in kind. This MOU between the City of San Diego and the County of San Diego is required to address key issues in the program and to support the addition of new members of the network. Key issues to address include: establishment of roles and responsibilities, ownership of maintenance of equipment, support levels, establishment of cost recovery mechanisms, and regional representation. 1. SCOPE The scope of the 3Cs Program is to provide for the collaborative development and implementation of interoperable communications capabilities among public safety agencies throughout the cities and unincorporated areas of San Diego County (the San Diego Urban Arca) and Imperial County and, as feasible, other areas and counties adjacent to the San Diego Urban Area. The 3Cs Program enables collaboration, situational awareness and timely distribution of critical incident information by providing a command -level communications structure for public safety when managing an incident that affects the region. The 3Cs network has been designed for secure transport of real time disaster, major incident, emergency management, training and other related public safety information. The 3Cs network provides an organized method of coordinating regional public safety resources (law enforcement, fire, medical) to expedite efficient deployment of those resources and serves primarily as a logistics and unified communications and command network between Emergency Operations Centers (EOCs), Departmental Operations Centers (DOCs), dispatch centers, and the field. It is recognized that each of the Parties has and will maintain its own interoperability capabilities beyond the 3Cs network. 2 II. PURPOSE AND INTENT The purpose and intent of this MOU is to define the operational structure of the 3Cs Program. The Parties hereto agree to work together in a cooperative manner that benefits regional public safety and emergency services, and ensures optimal communication, coordination and information sharing in all appropriate instances, among all appropriate entities. The Parties intend to utilize the administrative and operations structure outlined in this MOU. This document sets forth the rights and responsibilities of the Parties for participation in the 3Cs Program. The Parties agree as follows: III. POLICY The 3Cs network is a regional resource that is available for use by participating public safety agencies on an as -needed and as available basis any time multidiscipline operations dictate or at the discretion of the Parties and in accordance with operational policies adopted by the 3Cs Operations Advisory Board. Use of the 3Cs network should be considered during the planning phase for all large pre -planned regional exercises or events and incorporated into any written operations plans. IV. OPERATIONAL STRUCTURE A. Operations Advisory Board The 3Cs Program shall have oversight by a seven (7) member Operations Advisory Board ("Board"). The Board shall be responsible for providing input on the overall administration and direction of the 3Cs Program through interaction with the Steering Committee (as defined below). The Board's duties and responsibilities shall include advising and providing recommendations on the program's vision and scope, priorities, acting as a program advocate, establishing program funding, and overseeing the Steering Committee. The Board shall meet no less than once a year. 1. Organization The following seven representatives, or their designees, shall act as the Operations Advisory Board: • City of San Diego Chief of Police • City of San Diego Fire Chief • San Diego County Sheriff • San Diego County Office of Emergency Services Director • San Diego County Police Chiefs and Sheriffs Association Chairperson • San Diego County Fire Chiefs Association Chairperson • San Diego Fire District Coordinator 3 2. Rules and regulations The Board may adopt bylaws, rules, or regulations as may be required for the conduct of its meetings and the orderly operation of the 3Cs Program in accordance with applicable law and/or any rule or regulation. 3. Quorum and voting The Sheriff and the City of San Diego Fire Chief must each have a representative present, and a minimum of two (2) additional board members must be present in order for the Board to have a quorum to vote and transact business. Each member shall have one (1) vote. Actions of the Board shall be approved by a majority vote of members present at a meeting where a quorum exists and both the Sheriffs representative and the City of San Diego Fire Chief's representative vote in favor of such actions. B. Steering Committee The 3Cs Program shall be regionally coordinated by a Steering Committee. The Steering Committee's duties and responsibilities shall include: project oversight, establishing and monitoring all 3Cs subcommittees, development of the operational procedures, resolution of project differences of opinion and grievances, and approval of each aspect of project development and implementation. Steering Committee recommendations shall be presented to the Board for approval. The Steering Committee shall meet no less than once every three (3) months. 1. Organization The 3Cs Steering Committee shall be comprised of the following representatives or their designated alternatives: • 3Cs Program Manager (non -voting member) • Regional Technology Center Representative (non -voting member) • County Office of Emergency Services Representative • County Sheriff's Department Wireless Services Representative • County Sheriff's Department Representative • City of San Diego Office of Homeland Security Representative • City of San Diego Communications Representative • City of San Diego Police Representative • City of San Diego Fire -Rescue Representative • California Department of Forestry and Fire Protection (CAL FIRE) Representative • Public Safety Government Representative elected by the Steering Committee's designated Member Subcommittee 4 Each member of the Steering Committee may designate an alternate. Changes to the Steering Committee, including the addition of new representatives, will be approved by majority vote of the Operations Advisory Board, following the rules of quorum and voting in accordance with Section IV.A, Paragraph 3, of this MOU and applicable law. 2. Quorum and voting. A quorum for the conduct of the Steering Committee business shall exist when a majority of the Steering Committee members or their alternates and at least one representative of both the City of San Diego and the Sheriff are present. Each member of the Steering Committee or their alternate shall have one vote. When a committee member and their alternate are both present, only the committee member shall vote. Actions of the Steering Committee shall be approved by a majority vote of members present at a meeting where a quorum exists. C. Program Manager. The Party providing management of the majority (in dollar value) of the contracts and grants shall assign an employee to serve as Program Manager. The 3Cs Program Manager, after consulting with the Steering Committee, shall be responsible for the selection of other project technical consultants, formation of the project working team from the participating agencies, specifications and preparation of any grant proposals, and for primary vendor selection screening and recommendation. The Program Manager shall report to the Board and shall serve as the Chair of the Steering Committee. The Program Manager shall coordinate with the Fund Coordinators for all contractual and grant administration issues. D. Fund Coordinators Fund Coordinators from the City of San Diego, County of San Diego, and other Parties utilizing 3Cs grant funds shall be responsible for administration, coordination, fiscal integrity, record maintenance, and other administrative duties as associated with 3Cs grant funds. The Fund Coordinator(s) shall be an employee of the agency managing the grant and shall coordinate with the Program Manager. Each Party shall cooperate with and assist the City of San Diego and any other agency receiving 3Cs grants, in any way necessary to respond to an audit of any grant that funds the 3Cs Program in whole or in part. E. Network Operations & Maintenance Group The San Diego County Sheriff's Department's Wireless Services Division and the City of San Diego's Communications Division shall jointly form the 3Cs Network Operations and Maintenance Group. This group shall be responsible for the development and implementation of a support model for 3Cs microwave, network, and end user equipment. The Network Operations and Maintenance Group shall report to the 3Cs Operations Advisory Board and coordinate closely with the Steering Committee. 5 F. Project Manager A Project Manager may be selected to manage and complete the 3Cs project tasks per a defined Statement of Work (SOW) for each project phase. The Project Manager shall report to the Program Manager. The Project Manager will be an employee of the City of San Diego or an independent contractor. G. Subcommittees The Steering Committee shall establish and manage subcommittees as necessary to ensure effective operation, participation and communication for the 3Cs Program. The Steering Committee shall appoint a chair for each subcommittee. Members of ally subcommittees are not required to be members of the Steering Committee. The subcommittee chairs shall, when requested by the Steering Committee, report the Subcommittee progress and issues to the Steering Committee. V. OWNERSHIP AND MAINTENANCE OF EQUIPMENT The Parties shall maintain the Infrastructure Equipment operated under the auspices of this MOU as described below. For purposes of this MOU, Infrastructure Equipment is defined as the transport network including microwave and fiber optics up to and including the network routing device located at each Party's End Point Equipment. End Point Equipment is defined as any equipment connected into the 3Cs Network via a network routing device directly connected to the 3Cs Infrastructure Equipment. The customer edge routing device is known as the Point of Demarcation. A. The City of San Diego shall own and be responsible for all Infrastructure Equipment located in facilities managed by the City of San Diego. B. The County of San Diego shall own and be responsible for all Infrastructure Equipment located in facilities managed by the County of San Diego. C. Each Party shall possess and maintain the End Point Equipment utilized on the 3Cs Network so long as the End Point Equipment is utilized in accordance with the purpose(s) outlined in the grant. D. All Parties are responsible to ensure that all End Point Equipment and any rules, regulations, policies or procedures that in any way relate to the End Point Equipment, complies with any and all technical specifications and requirements of the 3Cs Program. E. The City of San Diego is responsible for providing installation services for all equipment for the 3Cs Program, subject to certain exceptions, and shall pay certain other costs. Further detail pertaining to project costs is outlined in Exhibit `B" which is attached hereto and incorporated herein by this reference. F. All Parties hereby grant to the City, its employees, agents, contractors and subcontractors, a non-exclusive right of entry onto, over, in and under the property where 6 installation of the equipment shall occur, as specified in the site specific work order to be provided by the City, for the limited purpose of installation and maintenance of the Infrastructure and End Point Equipment, subject to the terms and conditions set forth in this MOU. Any person, firm, corporation or other entity authorized by the City to work upon the property in furtherance of this MOU shall be deemed to be the City's agent. It is fully understood that the rights granted pursuant to this MOU shall not confer any right or interest to the City of San Diego, its employees, agents, contractors and subcontractors in the property. G. Maintenance and support services shall be performed in accordance with the Operations and Maintenance Plan for the San Diego Regional 3Cs Program. VI. NETWORK OPERATING COSTS A. The cost for operations and maintenance of the 3Cs Network shall he divided and allocated between the Parties based on the approved business plan, attached hereto as Exhibit "A" and incorporated by reference herein. B. The cost of the ongoing operations and maintenance of the 3Cs Network to the Point of Demarcation shall be allocated to each Party on a per Point of Demarcation, on an annual basis. C. The business plan attached as Exhibit "A" includes projected revenues, expenses, and net operating income based upon anticipated user fee income and various expense categories related to the anticipated staffing levels and other resource commitments to be made by the City and the County in order to ensure efficient and effective operations of the network. As reflected in the business plan, it is anticipated that revenues from network user fees will not be sufficient to offset operating costs. For this reason, the City and County shall receive network service in lieu of fee payment in order to compensate them for the anticipated operating losses when fees generated do not cover all costs incurred. That service in lieu of reimbursement for costs incurred shall be provided to City and County in part, through exclusive use allotments of network resources for their proprietary needs. It is anticipated that one-third of network resources will be dedicated to regional needs, one-third to City needs and one-third to County needs. It is anticipated that such "proprietary needs" for the County may in fact benefit regional partners through access to such services as SDLaw. The City and County will update the business plan annually by June 1st and present it to the Operations Advisory Board for a recommendation to the Mayor of the City of San Diego. D. Fees assessed to each party will be collected by the City and deposited in a 3Cs revenue account. Fees collected shall be used to offset operations and maintenance costs incurred by the City and the County as outlined in the Business Plan. Deviations from the approved Business Plan will be submitted by the Network Operations and Maintenance Group and Program Manager to the Operations Advisory Board for a recommendation to the Mayor of the City of San Diego. E. Connections to the network temporarily added by an agency to handle a disaster or emergency shall not be a part of determining the agency's ongoing cost, unless the Points of Demarcation are retained for normal operations following resolution of the disaster or emergency. F. The costs shall be in effect for a period of one (1) year in accordance with the fiscal year commencing on July 1st and ending on June 30th, except that if the effective date of this MOU is other than July 1, the first fiscal year shall be the short year starting the effective date of this MOU and ending the following June 30. The Board shall recommend to the Mayor of the City of San Diego that costs be adjusted annually based on the reevaluation of the business plan and recalculation of expected program costs following a majority vote as defined in Section IV., Subsection A., Paragraph 3, Quorum and Voting, herein above. VII. ADDITIONAL PARTIES A. Additional entities providing public safety services may become a party to this MOU upon a majority vote of the 3Cs Operations Advisory Board and by executing a document substantially similar to the form attached as Addendum "A." The agreement shall be reviewed by the City of San Diego, prior to submitting to the 3Cs Operations Advisory Board for approval. B. New parties added to this MOU shall appoint one (1) member to the 3Cs User Group. VIII. NOTICE Any notice, demand, complaint, request, or other submission under this MOU shall be in writing and shall be sent either by U.S. Mail, Certified, and Return Receipt Requested or by personal delivery, to the 3Cs Board in care of the Program Manager at: 3Cs Program Manager City of San Diego 1010 Second Avenue, Suite 400 San Diego, CA 92101 IX. AMENDMENTS This MOU may only be amended or modified by a vote of the Board in accordance with section IV.A.3 of this agreement. X. COUNTERPARTS This Agreement may be executed in any number of separate counterparts and by each of the Parties in separate counterparts, each counterpart constituting an original, and all such counterparts constituting but one and the same agreement. XI. GOVERNING LAW This MOU shall be governed by and construed according to the laws of California. e XII. COMPLIANCE WITH LAWS In exercising their rights under this MOU, the Parties shall fully comply in all material respects with the requirements of any and all applicable laws, requirements and assurances required any grant that funds the 3Cs program in whole or in part, and regulations, rules, orders, policies and procedures of any governmental body having jurisdiction over the exercise of rights under this Agreement. Where there is a conflict between the applicable laws, rules, regulations, orders, policies, or procedures of any governmental body having jurisdiction over the exercise of rights under this Agreement, the applicable requirements and assurances required by any grant that funds the 3Cs program in whole or in part shall govern to the extent permitted by law. XIII. EFFECTIVE DATE AND TERMINATION A. This MOU shall become effective upon its execution by all Parties and, unless otherwise mutually agreed to in writing by the Parties shall remain in effect for two (2) years unless extended by mutual agreement and amendment. B. Any Party to this MOU may withdraw by providing ninety (90) days written notice prior to the end of the fiscal year as defined herein. Regardless of the date that notice of withdrawal is provided, no withdrawal by any Party is effective until the last day of the fiscal year, as defined herein. Notice of termination shall be sent or otherwise delivered to the 3Cs Board at the address listed in Section VIII. C. This MOU shall terminate immediately in the event of a loss of funding to the City necessary to carry out the purposes of this MOU, or disapproval by a federal administrative agency, or if it is determined by the Board or by a legal authority having jurisdiction that the MOU or the 3Cs project violates any federal or state laws, rules or regulations. In the event termination is pursuant to this provision, a notice specifying the reasons for termination shall be sent by the Board to all Parties to the MOU as soon as possible after the termination in accordance with the procedures set forth herein. D. This MOU may not be terminated at the convenience of the Parties if the performance under this MOU is compelled by State or Federal Statute or Executive Order. E. As of the effective date if this MOU, none of the parties to this agreement is aware of any State or Federal Statute or Executive Order that compels any Party to continue performance under this MOU or compels any Party not to terminate for any reason. XIV. EFFECTS OF WITHDRAWAL AND TERMINATION A. Upon withdrawal by any Party from this MOU, the Party withdrawing from participation in the MOU shall return all End Point Equipment funded by 3Cs grant awards to the Program Manager for reallocation or agree to pay the depreciated value minus any costs incurred outside of standard maintenance contracts. B. Parties hosting Infrastructure Equipment in their facility that withdraw from this MOU agree to continue to allow operation of the equipment, including access to the facility, for the 9 lifespan of the system, which includes both Infrastructure and End Point Equipment, as set forth in the Business Plan, attached as Exhibit "A" hereto, and incorporated herein by this reference, provided the remaining Parties agree to assume all costs associated with operation of the 3Cs equipment in the facility including, but not limited to, utilities, real property costs, licenses, and equipment maintenance. The remaining Parties to this agreement also agree to assume all terms and obligations of existing permits, licenses, and lease agreements, and to operate and maintain the equipment in a manner that is consistent with any existing permits, regulations, or agreements. C. Where any Party withdraws from participation in this MOU, such Party shall be responsible for actual costs including, but not limited to, costs for utilities, real property, licenses, and equipment maintenance, incurred in establishing and maintaining the Infrastructure Equipment and End Point Equipment up through and including the ninety (90) day period required for any Party to withdraw as required by this MOU, Section XIII, Subsection B. D. Upon termination of this MOU, the Operations Advisory Board shall recommend to the Mayor of the City of San Diego by majority vote how to distribute any undistributed grant funds and equipment, subject to the rules associated with the grant award. E. Any Party may be removed from the 3Cs System for good cause including, but not limited to failure to pay assessed fees or charges, failure to keep the system secure, failure to comply with applicable grant requirements, and/or improper release of information. Such removal can be made only upon a majority vote of the Operations Advisory Board after providing the member with at least 30 days written notice of the intended removal and an opportunity to be heard by the Operations Advisory Board. A member removed from the 3Cs System shall be subject to all obligations including, but not limited to, the financial obligations of this MOU and any requirements from any grants that fund the 3Cs Program in whole or in part. XV. INDEMNIFICATION A. Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers and employees, from any claim, action or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIES shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. B. Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, 10 PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph C below. C. Joint Defense Notwithstanding paragraph B above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. D. Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. XVI. AUTHORIZED SIGNATURES 1. The Chief Operating Officer for the City of San D Diego is authorized to execute this MOU through authority granted by the Mayor of San Diego and pursuant to San Diego City- Charter Section 265. On June 23, 2009, item # , the County of San Diego Board of Supervisors authorized the Sheriff to execute this MOU and any extensions or amendments that do not materially change the terms of the agreement or the funding levels. IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives as of the day and year last written below. City of San Diego By: d =: Jay Goldstone Date Chief Operating Officer County of San Dicg By: ' p *!� 7�Zi — Z (--d i Date William B. Kolender San Diego County Sheriff 11 IN WITNESS WHEREOF, the Operations Advisory Board Members have agreed to endorse the operational structure represented in this MOU dated as of , 2009, subject to all rights and obligations of a Party as set forth in the MOU. ThAindersigned represents that he or she is duly authorized to sign this MOU on behalf of the organization represented. San Diego County Sheriff By: William B. Ko"lender Date -City of San Dieg `hi 'of" lice By: William M.'7:"down City of Siego Fire CJaigf By: Tracy Ja San Diego Co I' ;ice Chiefs and Sheriff's Association By: �henias oil San Diego -County Fire Chiefs Ass By: David Ott San Diego County Office of me gency Services By: I2on Lane San Diego Fir District Coordinator By: August Cihio 12 Date Date -7-1 Date l Date Date ADDENDUM A ADMISSION AGREEMENT for a Party to the MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO REGIONAL INTEROPERABLE COMMAND & CONTROL COMMUNICATIONS (3Cs) PROGRAM The City of National City hereby agrees to become a Party to that certain Memorandum of Understanding for the San Diego Regional Interoperable Command & Control Communications (3Cs) Program dated as of July 1, 2009 (the "MOU"), subject to all rights and obligations of a Party as set forth in the MOU. The undersigned represents that he or she is duly authorized to execute this Admission Agreement on behalf of the City of National City. By: Title: Date: Ron Morrison Mayor I- o 13 EXHIBIT A BUSINESS PLAN FOR THE SAN DIEGO REGIONAL COMMAND AND CONTROL COMMUNICATIONS (3Cs) PROGRAM FY2010 — July 1, 2009 through June 30, 2010 Statement of Purpose The purpose of this business plan is to establish a program sponsored by both the City of San Diego and the San Diego County Sheriff's Department as the region's primary stakeholders in public safety communications. The primary business driver for the plan is to ensure the data network provides value to the region's public safety community and is cost effective to operate and maintain. Program Objective Establish a business process to add customers on the network, bill for services, collect revenue, manage staff, and pay operational expenses in a manner that is cost effective to the City of San Diego and San Diego County Sheriff's Department. In doing so, the network must also meet the requirements of the public safety community to securely transfer data between agencies for the purpose of encouraging inter -agency collaboration. History of 3Cs The Regional Command and Control Communications (3Cs) kicked off as a grant funded project in 2005 to build a high -capacity data network over microwave for public safety use. The project was divided into multiple phases and funded by a variety of grant funds. Table I describes the project phases Table 1: Pro'ect Phases Phase Timeframe Phase Coal December 2005 — March 2007 • Pilot Phase — Proof of concept. Initial build out of the network to City and County sites. • Infrastructure to key mountaintop sites, across San Diego County and out to Imperial County. 2 May 2007 — April 2008 i • Add additional network sites to implement path looping for additional redundancy on the network. • Add up to 10 public safety agencies to the network. • Add 5 additional video downlink sites. • Begin transition to MPLS networking standard for transport of secure data. 3 July 2008 — June 2010 • Add up to 30 public safety agencies to the network within San Diego County. • Improve coverage of helicopter downlink in the north and eastern sections of the county. • Implement MPLS standard • Begin utilizing the network for data applications, in addition to incident based video applications. • Implement a network operations center 4 TBD • This phase is currently unfunded. • Continue to add additional sites to the network as requested by the public safety community. • Continue to add additional functionality to the network. The network is built to the highest level of public safety standards with redundant power and network paths to achieve a higher level of operational availability than other local data networks typically provide. Concept of Operations The Regional 3Cs Program is in the process of building a public safety intranet utilizing primarily microwave technology to transport data between public safety agencies at all levels of government operating in San Diego and neighboring counties. In addition to supporting inter- agency collaboration for large scale incidents as stipulated in the grant awards, the program will provide a means to transport data for day-to-day operations. By offering data services on the network, 3Cs will be able to generate revenue to off set support costs. Revenue will be generated to support not only labor, but maintenance, and operational costs by leasing network capacity to participating public safety agencies and by charging line fees for participants utilizing the network for emergency management. Billing for network access and usage will be implemented beginning July 2009. As sponsoring agencies of both the Regional 3Cs project and program, the City and County of San Diego will defer line fee and data transfer expenses by providing services for the project in kind. In order to support a network of this size, dedicated staff is required. Staffing will be phased into the program across multiple years, with full staffing anticipated by the completion of Phase 3. The support model will include staffing for issues between 8am and 4pm Monday through Friday, with holidays and off hours covered with on call staff. 2 Roles and Responsibilities The Regional 3Cs Program was initially developed as a joint effort between the City of San Diego and the San Diego County Sheriff's Department. Empowered by a Memorandum of Understanding (MOU) between the two agencies, a multi -tiered governance structure was implemented to manage new construction. The City is responsible for the following project and program related tasks: • Grant applications • Grants administration • Procurement • Asset management • Program Management • Contracting and Billing for 3Cs Customers • Radio Frequency (RF) Network Architecture Design • Maintenance of the RF Network at assigned sites • Hire and oversee contracted IP network and help desk support The Sheriff's Department is responsible for the following tasks: • RF Network Architecture Design • Manage Installations • Maintenance of the RF network at assigned sites • Oversee IP network architecture Key Assumptions A number of programmatic, technology and cost assumptions have been made for the purposes of conducting this analysis. The assumptions most critical to the overall business case analysis are presented below: • The intended goal of this program is to institute total cost recovery of the operational costs of the system. Not all recovery will be in the form of revenue. The City and County will be allocated part of the total network bandwidth, one third each (approximately 50Mb), in lieu of reimbursements for costs as outlined in the MOU. • The City and County of San Diego will continue to work together to sponsor the 3Cs data network through the completion of Phase 3 of the project. • 3Cs shall support emergency management efforts as required by the grant programs that funded the initial phases of the program. • Grant funds cannot he utilized to support on -going costs, therefore a sustainment plan must be implemented. Sustainment is defined as supporting the system through the defined life span, and not full system replacement in perpetuity. • Life span of the system is set for 10 years beginning July 2008 and ending June 30, 2018. No replacement costs for equipment beyond break fix are included in the cost estimates. • All costs and revenue utilized in determining the business plan are estimated. • Costs and revenue will be recalculated annually. 3 Key Risks Lack of Awareness: High level executives and political officials may not be awarc of the potential uses of the 3Cs network. This risk can be mitigated through a continued effort to educate the public safety community on 3Cs, including speaking at regional meetings and contacting perspective agencies directly. Lack of Clearly Defined Ownership, Support, and Sustainment: The original August 2004 agreement entitled, in pertinent part, "Memorandum of Understanding Under The Office of Community Oriented Policing Interoperable Communications Grant Program..." between the City and County of San Diego is replaced and superseded by the new "Memorandum of Understanding For The Regional Command & Control Communications (3Cs) Program" ("3Cs MOU") to which this Business Plan is attached. The 3Cs MOU is intended to support the addition of new members of the network. Key issues addressed in the 3Cs MOU include establishment of roles and responsibilities, ownership of maintenance of equipment, support levels, establishment of cost recovery mechanism, and regional representation. Lack of an Identified Revenue Source to Replace the System Once it Reaches End of Life: This business plan does not provide a plan to systematically replace equipment that has reached its end of life. After careful analysis, the Steering Committee determined that to budget for systematic equipment replacement would cause an increase in fees that would be cost prohibitive for most public safety agencies in the county. This risk can be mitigated by continuing to research and plan for a transition from the 3Cs network to new technologies by 2018. Also, replacement costs can be incorporated into future operating budgets if the users of the system determine that the network has become a core competency and they require it to be maintained past 2018. Technical Risk: The use of IP over microwave for high bandwidth capacity networks is relatively new. In transitioning to daily data transport, it is important that the network be well designed to support mixed usage and secure enough to qualify to transport law enforcement sensitive information. Customer Resistance: Customer across the region may be unwilling or slow to commit to the project, especially due to financial constraints. Cost Recovery Plan A program of this scale requires a variety of expenses to keep it operational. In developing the cost recovery plan, the goal was to identify all real costs which will be incurred by either the City of San Diego or the Sheriff's Department. Costs included labor (salaries and benefits), equipment maintenance and support contracts, lease costs for site space, cost to power the equipment, and vehicle costs associated with site visits for maintenance and troubleshooting of the system. Because the plan assumes a 10-year lifespan without equipment replacement, hardware and software maintenance costs are included in the cost estimates. Microwave equipment purchased through Harris Stratex will be repaired utilizing a Time and Materials contract instead of a maintenance agreement. To mitigate the risk of unforeseen equipment failure, the program is 4 stocked with spare equipment. Table 2 summarizes the expected costs to run the program. Table 2: Expected Annual Costs Costs Operational Expenses - Labor (Loaded Value) Cost " Unit Ex ended Cost City Program Manager (City - 3 FTE) $179,830 .75 $134,873 City RF Tech (City - 1 FTE) $127,106 1 $127,106 City RF Engineer (City —''A FTE) $163,573 .50 $81,787 SDSD RF Tech (Sheriff —1.5 FTE) $129,051 1 $193,576 SDSD SR IT Engineer/Network Manger (Sheriff —'/z FTE) $147,816 .50 $73,908 Total Labor $611,250 Operational Expenses - Non -Labor Agency Expenses SDSD Lease Costs (ISP and ISDN) $7,550 SDSD Lease Costs (Woodson) $24,000 SDSD Lease Costs (Red Mountain) $1,000 City Site Electrical Costs (City Comm - 9 sites) 328 13 $4,264 SDSD Site Electrical Costs (SDSD WSD - 31 sites) 328 37 $12,136 City Vehicle and Travel Costs (City Comm - 1 vehicle) 3537 1 $3,537 SDSD Vehicle and Travel Costs (SDSD WSD - 2 vehicles) 3537 2 $7,074 Total Agency Expenses $59,561 Operational Expenses - Equipment Maintenance SDSD Infrastructure Maintenance (Time and Materials) $50,000 City Cisco Maintenance $143,994 Shared Tandberg Infrastructure Equipment $32,962 Shared Vbrick Infrastructure Equipment $20,685 Total Maintenance $247,641 GRAND TOTAL COST $918,452 5 Table 3 shows the forecasted revenue that will be generated by the program. The revenue is divided into two sections: Hard Benefits and Operating Efficiencies. Hard Benefits are income expected to be collected by the participating agencies through the billing for emergency management line fees and by leasing space on the network for data transport. As noted in the proposed Memorandum of Understanding for 3Cs, the City and County will receive network service in lieu of fee payment in order to partially compensate them for anticipated operating losses. That service in lieu of reimbursement for costs incurred will be provided in part through exclusive use allotments for proprietary needs. Operating efficiencies itemize the value of the network allotment for the City of San Diego and County of San Diego. Operating efficiencies are defined as benefits the City and County receive from the network, including data transport capacity and emergency management services, in return for operating costs incurred by the City and County to support the system. 6 Table 3: Forecasted Annua Revenue' Revenue Hard Benefits - Revenue Generati Extended Price Unit Value Proposed Line Fee (Emergency Management) @ 20 mb = $3,000 Phase 2 Line Fees $3,000 7 $21,000 Phase 3 Line Fees $3,000 23 $69,000 Total EM Line Fee Revenue $90,000 Data Transport Revenue (P2P mb) Data Transport Revenue (MP mb) 3- 5 sites $3,000 $5,000 30 10 $90,000 $50,000 Data Transport Revenue (MP mb) 6-10 sites $9,000 10 $90,000 Data Transport Revenue (MP mb) 10 + sites S 15,000 5 $75,000 Total Data Transport Revenue $305,000 TOTAL REVENUE $395,000 Operating Efficiencies - Benefits to City and County Data Transport County (MP mb) Data Transport City (MP mb) EM Sites County (EOC, DOC, Ridgehaven, ASTREA, MOC, HazMat) EM Sites City (CAB, COB, PDHQ, FCC, ABLE, Convention) TOTAL DEFERRED REVENUE $5,000.00 $5,000.00 $3,000.00 $3,000.00 50 50 6 6 $250,000 $250,000 $18,000 $18,000 $536,000 GRAND TOTAL REVENUE $931,000 Revenue and rates were calculated using the following formulas: Total Income Required to Recover Projected Costs = (Projected Non -labor agency expenses + Equipment maintenance expenses) — (Cash Reserves from the previous year) Data Transport Revenue= $3000 x projected capacity available for sale (P2P mb) + S5000 x projected capacity available for sale (P2MP 3-5 sites) + S9000 x projected capacity available for sale P2MP 6010 sites) + S I5000 x projected capacity available for sale P2MP 10+ sites) Emergency Management Line Fee = (Total Income Required — Data Transport Revenue)/ Number of Parties — (City and County) 7 Utilizing the data from Tables 2 and 3, Table 4 calculates the return on investment (ROI) annually for the program. As stated in the assumptions section of this document, the intended goal of the program was total cost recovery, which equates to an ROI of zero. Table 4: Potential Annual Return on Investment Calculation Summar} and RUI Calculation Total Costs $918,452 Total Revenue (and Offsets) $931,000 Percentage Recovered 1 04. `;A, Difference 1, Cash Reserve !2,'-, Return on Investment The Return on Investment (RO1) analysis shows the 3Cs Program capable of recovering all costs, considering the forecasted costs and revenue once Phase 3 of the project is completed. Based on the data from Tables 2-4, the estimated costs for labor approximate the operating efficiencies (within 1%) received by the City and County of San Diego. Therefore, the City and County may achieve full recovery of costs associated with managing and supporting the 3Cs system through the estimated value gained utilizing their dedicated bandwidth on the network. All other costs will be recovered through billing payments by participating agencies outside of the City and County. 8 EXHIBIT B Project Costs As a participant of the 3Cs Program, equipment will be purchased on behalf of your agency. The City, its employees, agents, contractors and/or subcontractors shall install all equipment for the 3Cs Program, as specified in the site specific work order to be provided by the City, subject to the terms and conditions set forth in this MOU. Because 3Cs is funded through grants, it is important that each agency understand the limitations of the grant, and what items will need to he budgeted and procured by the individual participating agency. Initial Costs What the 3Cs project budget will pay for: I . All costs associated with the design and installation of the 3Cs network 2. All costs for installation of network equipment such as routers and switches 3. Purchasing costs for video conferencing equipment 4. Purchasing costs for video streaming devices Responsibility of the participating agency: 1. Costs associated with installing power or network jacks in order to run 3Cs equipment 2. Cabling to individual LAN jacks from the router On Going Maintenance The 3Cs Program Manager anticipates implementing the business plan outlined in Exhibit "A", including the charging of line fees and leasing spare capacity on the network. These costs could potentially be offset by participating agencies who currently lease T1 lines to access public safety applications or share data between regional partners. The end result could be a cost savings to the participating agency. It will be the individual agency's responsibility to maintain through a maintenance contract all non -microwave equipment installed at their location, including video conferencing equipment and video streaming equipment once the one year warranty period has expired. Agencies may purchase maintenance agreements through a 3Cs vendor or their own vendor(s). i RESOLUTION NO. 2009 — 220 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN ADMISSION AGREEMENT FOR THE CITY TO BECOME A PARTY TO THE MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO REGIONAL INTEROPERABLE COMMAND & CONTROL COMMUNICATIONS (3Cs) PROGRAM WHEREAS, The Regional Command & Control Communications (3Cs) Program is a multi -phase, inter -agency public safety communications project. 3Cs will allow public safety agencies to effectively work together during large and small-scale emergencies and disasters. 3Cs will typically be used for video conferencing and helicopter downlink streaming for situational awareness during critical incidents, planned events, and drills. The ultimate goal is for public safety agencies to better serve their communities; and WHEREAS, the rights and obligations of the agencies participating in the program are set forth in a Memorandum of Understanding (MOU) that establishes a contractual relationship between the parties; but does not constitute a joint powers agreement or form a separate joint power agency; and WHEREAS, as a regional effort, support for the network is provided by multiple organizations including the City of San Diego, the County of San Diego, and contract staff. The 3Cs Program works with project engineers and interested agencies to design a network that is robust, secure, and reliable. The 3Cs Program is funded through a series of federal, state, local, and tribal grants; and WHEREAS, agencies interested in participating in the 3Cs Program are being asked to sign Addendum A of the MOU by September 30, 2009, Fire Department staff recommends that the City Council authorize the Mayor to sign the Admission Agreement to join the 3Cs Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to sign an Admission Agreement for the City to become a party to the Memorandum of Understanding for the San Diego Regional Interoperable Command & Control Communications (3Cs) Program. PASSED and ADOPTED this 1st day of September, 2009. n Morrison, Mayor ATTEST: . APPROVED AS TO FORM: 9 Mic ael Dalla, C y Clerk George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on September 1, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ii,r, rk of the City y of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-220 of the City of National City, California, passed and adopted by the Council of said City on September 1, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING Sept. I. 2009 AGENDA ITEM NO. 21 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to sign an Admission Agreement for a party to the Memorandum of Understanding for the San Diego Regional Interoperable Command & Control Communications (3Cs) Program PREPARED BY Walter Amedee 4t) DEPARTMENT Fire/Poll. Homeland Security Manager EXPLANATION The Regional Command & Control Communications (3Cs) Program is a multi- phase, inter -agency public safety communications project. 3Cs will allow public safety agencies to effectively work together during large and small-scale emergencies and disasters. 3Cs will typically be used for video conferencing and helicopter downlink streaming for situational awareness during critical incidents, planned events, and drills. The ultimate goal is for public safety agencies to better serve their communities. As a regional effort. support for the network is provided by multiple organizations including the City of San Diego, the County of San Diego, and contract staff. The 3Cs Program works with project engineers and interested agencies to design a network that is robust, secure, and reliable. The 3Cs Program is funded through a series of federal, state, local, and tribal grants. Agencies interested in participating are being asked to sign Addendum A of the MOU by September 30, 2009. Staff recommends that the City Council authorize the Mayor to sign the Admission Agreement to join the 3Cs Program. Environmental Review Nr NIA Financial Statement Approved By: Finance Director 3Cs is funded through a series of federal, state, local, and tribal grants. Participating agencies will be responsible for costs associated with installing power or network jacks and cabling to run 3Cs equipment. Estimated costs are S6,629 per year. Year one costs are budgeted in the COPS SI.ESF Grant. Account No. 208-41 1-709-355 STAFF RECOMMENDATION Staff recommends authorizing the Mayor to sign the Admission Agreement to join the 3Cs Program. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Memorandum of Understanding. San Diego Regional Command & Control Communications Program Resolution A-200 (9/99)