HomeMy WebLinkAbout2013 CON County of San Diego - Regional Communications System RCS - Amendment #2NOTE TO FILE
08-20-15
IN THE MATTER OF: Resolution of the City Council of the City of
National City authorizing the Mayor to execute a Second
Amendment to the Memorandum of Agreement dated March 7,
1995, between the County of San Diego, the City of National City,
and other participating agencies regarding the Regional
Communications System (RCS), to extend the term of the
Agreement through March 31, 2016.
NO FULLY EXECUTED ORIGINAL AMENDMENT
WAS FILED WITH THE OFFICE OF THE CITY CLERK
ORIGINATING DEPARTMENT:
NTF
CDC Housing & Grants
City Attorney Human Resources
City Manager _ MIS
Community Svcs. _ Planning
Engineering X Police
Finance Public Works
Fire Nutrition Center
Successor Agency
AMENDMENT TO THE MEMORANDUM OF AGREEMENT DATED AS OF
MARCH 7, 1995, BETWEEN THE COUNTY OF SAN DIEGO AND
PARTICIPATING CITIES AND JURISDICTIONS REGARDING THE
IMPLEMENTATION, GOVERNANCE, METHOD OF FUNDING AND COSTS OF A
REGIONAL RADIO SYSTEM PROVIDING COMMUNICATION SERVICES TO
PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN
DIEGO COUNTY AND IMPERIAL COUNTY
THIS AMENDMENT to that Memorandum of Agreement dated as of March 7,
1995, providing for the establishment, governance and funding of a regional radio system
providing communication services to public safety and public service agencies operating
in San Diego County and Imperial County is entered into as of August 7, 2012, between
the County of San Diego and the parties listed in Exhibit A as follows:
RECITALS
Whereas, pursuant to a Memorandum of Agreement ("RCS Agreement") dated as
of March 7, 1995, the parties established the Regional Communications System ("RCS)
and provided for its governance and funding; and
Whereas, other jurisdictions have become parties to the RCS Agreement; and
Whereas, the term of the RCS Agreement is 15 years from March 7, 1995, and
will therefore expire March 6, 2010; and
Whereas, the term of the RCS Agreement was extended for three years from
March 6, 2010 to March 31, 2013; and
Whereas, the present. parties to the RCS Agreement desire to extend the term of
the RCS Agreement for another three more years to terminate March 31, 2016;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Section 20 of the RCS Agreement is amended by substituting the following
language:
This Agreement shall terminate March 31, 2016.
2. In all other respects, the RCS Agreement shall remain the same.
IN WITNESS THEREOF, the parties hereto have affixed their signature on the attached
Exhibit A.
Exhibit "A"
Amendment to the RCS Participating Agency Agreement
IN WITNESS WHEREOF, the party hereto does affix his/her signature.
COUNTY OF SAN DIEGO
Board of Supervisors Approval
Date:
F.'.ii
CITY OF CARLSBAD
Council Approval
By
erikvA4A, Pt,
Thomas J. Pastuszka
Clerk of the Board of Supervisors
Date: By
Mayor
CITY OF CHULA VISTA
Council Approval
Date: By
Mayor
CITY OF CORONADO
Council Approval
Date: By
Mayor
CITY OF DEL MAR
Council Approval
Date: By
Mayor
August 7, 2012
Page 1
Exhibit "A"
Amendment to the RCS Participating Agency Agreement
CITY OF LEMON GROVE
Council Approval
Date: By
Mayor
CITY OF NATIONAL CITY
Council Approval
Date: ( — l G - 13 By
Mayor
CITY OF OCEANSIDE
Council Approval
Date: By
Mayor
CITY OF POWAY
Council Approval
Date: By
Mayor
CITY OF SAN MARCOS
Council Approval
Date: By
Mayor
August 7, 2012
Page 3
RESOLUTION NO. 2013 — 06
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO
THE MEMORANDUM OF AGREEMENT DATED MARCH 7, 1995,
BETWEEN THE COUNTY OF SAN DIEGO, THE CITY OF NATIONAL CITY,
AND OTHER PARTICIPATING AGENCIES REGARDING THE REGIONAL
COMMUNICATIONS SYSTEM (RCS), TO EXTEND THE
TERM OF THE AGREEMENT THROUGH MARCH 31, 2016
WHEREAS, pursuant to a Memorandum of Agreement (the "RCS Agreement")
dated March 7, 1995, the County of San Diego, the City of National City, and other Participating
Agencies established the Regional Communications System ("RCS") providing communications
services to public safety and public service agencies operating in San Diego and Imperial
Counties; and
WHEREAS, the original fifteen year term of the RCS Agreement had an expiration
date of March 6, 2010; and
WHEREAS, on August 9, 2009, the City Council adopted Resolution No. 2009-
189, approving an amendment to the RCS Agreement to extend the term to March 31, 2013;
and
WHEREAS, the parties to the RCS Agreement desire to enter into a Second
Amendment to the Agreement to extend the term for three years to March 31, 2016.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the Second Amendment to the
Memorandum of Agreement dated March 7, 1995, establishing the Regional Communications
System to extend the term of the Agreement through March 31, 2016. Said Second
Amendment is on file in the office of the City Clerk.
PASSED and ADOPTED this 15th day of January,013.
orrison, Mayor
ATTEST:
i
i A..'f:/ 4�Miael R. Dal , City Clerk
ROVED AS TO FORM:
audia Gaci Silva
City Attorn
Passed and adopted by the Council of the City of National City, California, on January
15, 2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
rf r
CI rk of the City o
City f lational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-6 of the City of National City, California, passed and adopted
by the Council of said City on January 15, 2013.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
cooy-55
MEETING DATE: January 15, 2013
AGENDA ITEM NO. L I
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the extension of the existing
Regional Communications System (RCS) contract with the County of San Diego until March 31, 2016.
This second three year extension to the Agreement will provide participating agencies continued
service on the RCS while County staff and the RCS Board of Directors complete planning efforts for
the replacement of the RCS system and to develop a new participating aaencv agreement.
PREPARED BY: Assistant Chief Manuel Rodriguez
PHONE: 4512
DEPARTMENT: Police
IZ �� APPROVED BY: , :1* -).
EXPLANATION:
The Regional Communications System (RCS) Participating Agency Agreement dated March 7, 1995,
between the County of San Diego and participating cities and jurisdictions, formally implemented the
RCS and established the governance, administration, method of funding, and costs of a regional radio
system to provide communications services to the public safety and public service agencies operating in
San Diego County and Imperial County. The term of the agreement was for 15 years from March 7,
1995 to March 6, 2010. The agreement was extended at the request of the County of San Diego in
August 2009 for a period of three (3) years and would terminate March 31, 2013.
On August 7, 2012, on the recommendation of the RCS Board of Directors, the County Board of
Supervisors approved another three year extension to the RCS Participating Agency Agreement to
March 31, 2016. All other terms of the agreement remain unchanged.
FINANCIAL STATEMENT: APPROVED: 7jl/ �(.v�_ Finance
ACCOUNT NO. APPROVED: MIS
001-411-000-470-0000, 001-411-000-480-0000, 001-422-000-470-0000, 001-422-000-480-0000,
001-412-125-470-0000, 001-412-125-480-0000, 629-403-082-281-0000
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Approve Resolution. The extension will not result in a change in overall costs for the RCS Program or
in the participating agencies share in the costs.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
_etter from RCS
Original Agreement and 1st Amendment
_,vVT\N0. oo\2 -6
RESOLUTION NO. 2013 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO
THE MEMORANDUM OF AGREEMENT DATED MARCH 7, 1995,
BETWEEN THE COUNTY OF SAN DIEGO, THE CITY OF NATIONAL CITY,
AND OTHER PARTICIPATING AGENCIES REGARDING THE REGIONAL
COMMUNICATIONS SYSTEM (RCS), TO EXTEND THE
TERM OF THE AGREEMENT THROUGH MARCH 31, 2016
WHEREAS, pursuant to a Memorandum of Agreement (the "RCS Agreement")
dated March 7, 1995, the County of San Diego, the City of National City, and other Participating
Agencies established the Regional Communications System ("RCS") providing communications
services to public safety and public service agencies operating in San Diego and Imperial
Counties; and
WHEREAS, the original fifteen year term of the RCS Agreement had an expiration
date of March 6, 2010; and
WHEREAS, on August 9, 2009, the City Council adopted Resolution No. 2009-
189, approving an amendment to the RCS Agreement to extend the term to March 31, 2013;
and
WHEREAS, the parties to the RCS Agreement desire to enter into a Second
Amendment to the Agreement to extend the term for three years to March 31, 2016.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the Second Amendment to the
Memorandum of Agreement dated March 7, 1995, establishing the Regional Communications
System to extend the term of the Agreement through March 31, 2016. Said Second
Amendment is on file in the office of the City Clerk.
PASSED and ADOPTED this 15th day of January, 2013.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
RECEIVED OCT 1 12012
San Diego County — Imperial County
Regional Communications System
5555 Overland Avenue, Suite 5105, MS-056, San Diego, California 92123
Phone (858) 694-3663 Fax (858) 694-3433
http://www.rcs800mhz.org
October 5, 2012
Ms. Leslie Deese
City Manager - City of National City
1243 National City Blvd.
National City, CA 91950
Dear Ms. Deese:
Enclosed is a copy of an agreement with the Regional Communication System (RCS) which requires
a signature and execution. This agreement, titled "The Regional Communications System (RCS)
Participating Agency Agreement" and dated March 7, 1995 is between the County of San Diego and
participating cities and jurisdictions. It formally implemented the RCS and established the
governance, administration, method of funding, and costs of a regional radio system to provide
communication services to public safety and public service agencies operating in San Diego County
and Imperial County.
The original term of the agreement was for 15 years from March 7, 1995 to March 6, 2010. On
May 5, 2009, the County Board of Supervisors approved an amendment to the RCS Participating
Agency Agreement to extend the agreement to March 31, 2013. On August 7, 2012, on the
recommendation of the RCS Board of Directors, the County Board of Supervisors approved another
three year extension to the RCS Participating Agency Agreement to March 31, 2016. All other
terms of the agreement remain unchanged.
This second three-year extension to the Agreement will provide participating agencies continued
service on the RCS while County staff and the RCS Board of Directors complete planning efforts for
the replacement of the system and to develop a new participating agency agreement. Please have the
attached agreement approved and executed by the proper authority and mail it to:
San Diego County Sheriff's Department
Attention: Tony Potter, Principal Administrative Analyst
Wireless Services Division
5555 Overland Avenue, Suite 5105
San Diego, CA 92123
Board of Directors
SAN DIEGO COUNTY - IMPERIAL COUNTY
Chief Kevin Crawford, City of Carlsbad Fire Department (Chair)- Assistant Sheriff Mike McNally, San Diego Sheriff Dept (Vice Chair)
Chief Lou Scanlon, Coronado Police Dept. - Chief Bill F. Paskle, Alpine Fire Protection District
Holly Crawford, OES, County of San Diego - Chip Yarborough, Heartland Communications FA
Chief Don Butz, Viejas Fire - Ali Zoffaghari, CalTrans
Timothy Purvis, Poway Unified School District - Chief Chris Hall, IVECA
Chief James McGinley, IVECA - Jeff Green, IVECA
RCS Participating Agency Amendment
October 5, 2012
Page 2
I appreciate you taking the time to execute and mail back this agreement. If I can be of further
assistance, please let me know. I can be reached at (858) 694-3953 or by e-mail at
susan.willy@n,sdsherifforg.
Sincerely,
Susan Willy, Manager
Enclosure
COUNTY OF SAN DIEGO
BOARD OF SUPERVISORS
TUESDAY, AUGUST 7, 2012
MINUTE ORDER NO. 1
SUBJECT: SHERIFF - AMENDMENT TO THE REGIONAL COMMUNICATIONS
SYSTEM PARTICIPATING AGENCY AGREEMENT
(DISTRICTS: ALL)
OVERVIEW:
On May 5, 2009 (2), your board approved to extend the Regional Communications System
(RCS) Participating Agency Agreement between the County of San Diego and participating
cities and jurisdictions from March 7, 2010 to March 31, 2013. This is a request to approve the
recommendation of the RCS Board of Directors to extend the term of the RCS Agreement for
another three years to March 31, 2016, in order to allow sufficient time to continue planning for
a replacement system and to develop a new participating agency agreement.
FISCAL IMPACT:
Funds for this request are included in the CAO Proposed Operational Plan Fiscal Year 2012-13
for the Sheriffs Department. If approved, this request will extend the term of the Regional
Communications System Participating Agency Agreement to March 31, 2016. The estimated
annual cost to operate and maintain the Regional Communications System (RCS) is $5,841,714,
of which the County pays approximately $1,879,062 and non -County RCS agencies pay
$3,962,652. The funding source is the projected network operating charge from the RCS
agencies. This extension will not result in a change in overall costs for the RCS program or
change the County's or the participating agencies' share in the costs. There will be no change in
net General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SHERIFF
Approve and authorize the Clerk of the Board to execute an amendment extending the term of
the Regional Communications System Participating Agency Agreement to March 31, 2016.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Slater -Price, the Board took action
as recommended, on Consent.
AYES: Cox, Jacob, Slater -Price, Roberts, Horn
08/07/12 1
AMENDMENT TO THE MEMORANDUM OF AGREEMENT DATED AS OF
MARCH 7, 1995, BETWEEN THE COUNTY OF SAN DIEGO AND
PARTICIPATING CITIES AND JURISDICTIONS REGARDING THE
IMPLEMENTATION, GOVERNANCE, METHOD OF FUNDING AND COSTS OF A
REGIONAL RADIO SYSTEM PROVIDING COMMUNICATION SERVICES TO
PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN
DIEGO COUNTY AND IMPERIAL COUNTY
THIS AMENDMENT to that Memorandum of Agreement dated as of March 7,
1995, providing for the establishment, governance and funding of a regional radio system
providing communication services to public safety and public service agencies operating
in San Diego County and Imperial County is entered into as of August 7, 2012, between
the County of San Diego and the parties listed in Exhibit A as follows:
RECITALS
Whereas, pursuant to a Memorandum of Agreement ("RCS Agreement") dated as
of March 7, 1995, the parties established the Regional Communications System ("RCS)
and provided for its governance and funding; and
Whereas, other jurisdictions have become parties to the RCS Agreement; and
Whereas, the term of the RCS Agreement is 15 years from March 7, 1995, and
will therefore expire March 6, 2010; and
Whereas, the term of the RCS Agreement was extended for three years from
March 6, 2010 to March 31, 2013; and
Whereas, the present,parties to the RCS Agreement desire to extend the term of
the RCS Agreement for another three more years to terminate March 31, 2016;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Section 20 of the RCS Agreement is amended by substituting the following
language:
This Agreement shall terminate March 31, 2016.
2. In all other respects, the RCS Agreement shall remain the same.
IN WITNESS THEREOF, the parties hereto have affixed their signature on the attached
Exhibit A.
Exhibit "A"
Amendment to the RCS Participating Agency Agreement
IN WITNESS WHEREOF, the party hereto does affix his/her signature.
COUNTY OF SAN DIEGO
Board of Supervisors Approval
8. �. 12
Date:
CITY OF CARLSBAD
Council Approval
By
771/2,
Thomas J. Pastuszka
Clerk of the Board of Supervisors
Date: By
Mayor
CITY OF CHULA VISTA
Council Approval
Date: By
Mayor
CITY OF CORONADO
Council Approval
Date: By
Mayor
CITY OF DEL MAR
Council Approval
Date: By
Mayor
A4Pxoved andtor authorized by Via
Board of ' of the county of San Raw.
Date a Minute Order No..
Data: VP//,)
//
August 7, 2012
Page 1
Exhibit "A"
Amendment to the RCS Participating Agency Agreement
CITY OF LEMON GROVE
Council Approval
Date: By
Mayor
CITY OF NATIONAL CITY
Council Approval
Date: By
Mayor
CITY OF OCEANSIDE
Council Approval
Date: By
CITY OF POWAY
Council Approval
Mayor
Date: By
Mayor
CITY OF SAN MARCOS
Council Approval
Date: By
Mayor
August 7, 2012
Page 3
RESOLUTION NO. 2009 -189
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF
AGREEMENT DATED MARCH 7, 1995 BETWEEN THE COUNTY OF SAN DIEGO AND THE
CITY OF NATIONAL CITY AND OTHER PARTICIPATING AGENCIES REGARDING THE
REGIONAL COMMUNICATIONS SYSTEM (RCS), TO EXTEND THE TERM OF THE
AGREEMENT THROUGH MARCH 31, 2013
WHEREAS, pursuant to a Memorandum of Agreement (the "RCS Agreement")
dated March 7, 1995, the County of San Diego, the City of National City, and other Participating
Agencies established the Regional Communications System ("RCS") providing communications
services to public safety and public service agencies operating in San Diego and Imperial
Counties; and
WHEREAS, the original fifteen year term of the RCS Agreement will expire on
March 6, 2010; and
WHEREAS, the parties to the RCS Agreement desire to extend the term of the
Agreement to March 31, 2013.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Amendment to the Memorandum of
Agreement dated March 7, 1995 establishing the Regional Communications System to extend
the term of the Agreement through March 31, 2013. Said Amendment is on file in the office of
the City Clerk.
PASSED and ADOPTED this 4th day of August, 2009.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
N 144
Michael Dalla, ity Clerk
George H.-Eiser, Ill
City Attorney
Passed and adopted by the Council of the City of National City, California, on August 4,
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
Ci
ty C ty o National City, California
erk of the
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-189 of the City of National City, California, passed and
adopted by the Council of said City on August 4, 2009.
City Clerk of the City of National City, California
By:
Deputy
(.. ! L c -\ • `J J
City of National City, California
COUNCIL AGENDA STATEMENT
' MEETING DATE August 4, 2009 AGENDA ITEM NO.
s�
ITEM TITLE
Resolution to extend the existing Regional Communications System (RCS) contract with San Diego County
until March 31, 2013. Continued estimated annual cost, $177,030.
eDmelf257
PREPARED BY Lt. D. Espiritu (Ext.4491) DEPARTMENT Police Department
„P‘,7<e-/ 41
EXPLANATION
The Regional Communications System (RCS) Participating Agency Agreement dated March 7, 1995, between
the County of San Diego and participating cities and jurisdictions, formally implemented the RCS and
established the governance, administration, method of funding, and costs of a regional radio system to provide
communications services to the public safety and public service agencies operating in San Diego County and
Imperial County. The term of the agreement was for 15 years from March 7, 1995 to March 6, 2010. In order to
allow sufficient time to assess future regional public safety communications requirements and develop plans
for a replacement system the County of San Diego has formally requested a three year extension to the
existing contract.
Environmental Review
Approved By:
inarice Director
Financial Statement
This extension will not result in a change in overall costs for the RCS program or change in the
participating agencies' share in the costs. Continued estimated annual cost, $177,030.
Account No. 629-403-082-281-0000
001-411-000-470-0000,001-411-000-480-0000,001-422-000-470-0000,
on 1-477-nnn_4Rn_nnnn Jin 1-417-17 5..47n-nnnn Jm 1-417-19 s-4 Rn-nnnn
STAFF RECOMMENDATION
Staff recommends that the City Council extend the terms of the RCS Agreement to March 31, 2013 in
order to allow sufficient time to assess future regional public safety communications requirements and
develop plans for a replacement system
BOARD I COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below)
1. Original RCS A200 and
agreement.
2. Letter from RCS
Resolution No.
A-200 (9/99)
AMENDMENT TO THE MEMORANDUM OF AGREEMENT DATED AS OF
MARCH 7, 1995, BETWEEN THE COUNTY OF SAN DIEGO AND
PARTICIPATING CITIES AND JURISDICTIONS REGARDING THE
IMPLEMENTATION, GOVERNANCE, METHOD OF FUNDING AND COSTS OF A
REGIONAL RADIO SYSTEM PROVIDING COMMUNICATION SERVICES TO
PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN
DIEGO COUNTY AND IMPERIAL COUNTY
THIS AMENDMENT to that Memorandum of Agreement dated as of March 7,
1995, providing for the. establishment, governance and funding of a regional radio system
providing communication services to public safety and public service agencies operating
in San Diego County and Imperial County is entered into as of May 5, 2009, between the
County of San Diego and the parties listed in Exhibit A as follows:
RECITALS
Whereas, pursuant to a Memorandum of Agreement ("RCS Agreement") dated as
of March 7, 1995, the parties established the Regional Communications System ("RCS)
and provided for its governance and funding; and
Whereas, other jurisdictions have become parties to the RCS Agreement; and
Whereas, the term of the RCS Agreement is 15 years from March 7, 1995, and
will therefore expire March 6, 2010; and
Whereas, the present parties to the RCS Agreement desire to extend the term of
the RCS Agreement for approximately three more years to terminate March 31, 2013;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Section 20 of the RCS Agreement is amended by substituting the following
language:
This Agreement shall terminate March 31, 2013.
2. In all other respects, the RCS Agreement shall remain the same.
IN WITNESS THEREOF, the parties hereto have affixed their signature on the attached
Exhibit A.
San Diego County - Imperial County
Exhibit "A"
Amendment to the RCS Participating Agency Agreement
• Regional Communicatbns5ystern
CITY OF LEMON GROVE
Council Approval
Date:
By
Mayor
CITY OF NATIONAL CITY
Council Approval
Date: o%/o4 /c By.
CITY OF OCEANSIDE.
Council Approval
Date: By
CITY OF POWAY
Council Approval
Mayor
Mayor
Date: By
Mayor
CITY OF SAN MARCOS
Council Approval_
Date: By
Mayor
ntt.tiVLU Jun d 0100g
San Diego County — Imperial County f
Regional Communications System
5555 Overland Avenue, Suite 5105, MS-056, San Diego, California 92123
Phone (858) 694-3663 Fax (858) 694-3433
http://www.rcs800mhz.org
June 19, 2009
Chris Zapata
City Manager
City of National City
1243 National City Blvd.
National City, CA 91950
The Regional Communications System (RCS) Participating Agency Agreement, dated March 7,
1995 between the County of San Diego and participating cities and jurisdictions, formally
implemented the RCS and established the governance, administration, method of funding, and costs
of a regional radio system to provide communication services to public safety and public service
agencies operating in San Diego County and Imperial County. vo + � E,•.. � �
years from Mar kW.
On May 5, 2009, the County Board of Supervisors approved an amendment to the RCS Participating
Agency Agreement which extends the agreement to ; a ear 2013 marks the official
manufacturer's "end of life" of the Motorola Smartzone 3.0 system on which the RCS operates. The
three year extension to the Agreement will provide County staff and the RCS Board of Directors
sufficient time to assess future regional public safety communications requirements and develop
plans for a replacement system. All other terms of the agreement remain unchanged.
Please sign and return one of the enclosed amendments (with original signature) and mail to:
San Diego County Sheriff's Department
Attention: Susan Willy, Manager
Wireless Services Division
5555 Overland Avenue, Suite 5105
San Diego, CA 92123
If you have any questions or concerns regarding the amendment, please contact Susan Willy at (858)
694-3953 or by e-mail at susan.willy@sdsheriff org.
Sincerely,
Susan Willy, Man ger
SW:lst
Enclosure (3)
Board of Directors
SAN DIEGO COUNTY— IMPERIAL COUNTY
Chief Kevin Crawford, City of Carlsbad Fire Department (Chair) - Commander Mike McNally, San Diego Sheriff Dept (Vice Chair)
Chief Tom Zoll,Carlsbad Police Dept - Herman Reddick, OES, County of San Diego
Chief Bob Pfohl, Viejas Fire- Ali Zolfaghari, Caltrans
Timothy Purvis, Poway Unified School District - Undersheriff Fred Miramontes, ICSO
Charles Beard, IVECA - Chief Chris Hall, IVECA - Chief Mark Gillmore, IVECA
COUNTY OF SAN DIEGO
BOARD OF SUPERVISORS
TUESDAY, MAY 5, 2009
MINUTE ORDER NO. 2
SUBJECT: SHERIFF - AMENDMENT TO THE REGIONAL COMMUNICATIONS
SYSTEM PARTICIPATING AGENCY AGREEMENT (DISTRICTS: ALL)
OVERVIEW:
The Regional Communications System (RCS) Participating Agency Agreement dated
March 7, 1995, between the County of San Diego and participating cities and jurisdictions will
expire on March 6, 2010. This is a request to approve the recommendation of the RCS Board of
Directors to extend the term of the RCS Agreement to March 31, 2013, in order to allow
sufficient time to assess future regional public safety communications requirements and develop
plans for a replacement system.
FISCAL. IMPACT:
The estimated annual cost to operate and maintain the RCS is $5,600,000 of which the County
pays approximately $2,100,000 and non -County RCS agencies pay $3,500,000. This extension
will not result in a change in overall costs for the RCS program or change the participating
agencies' share in the costs.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SHERIFF
Approve and authorize the Clerk of the Board to execute an amendment extending the term of the
Regional Communications System Participating Agency Agreement to March 31, 2013, on behalf
of the Board of Supervisors.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board took action as
recommended, on Consent.
AYES: Cox, Jacob, Slater -Price, Roberts, Horn
5/05/09 1
• San Diego County — Imperial County
Regional Communications System
, 5555 Overland Avenue, Bldg. 12, Suite 5105, San Diego, California 92123
Phone (858) 694-3663 Fax (858) 694-3433
http://www.rcs800mhz.org
August 23, 2005
Dave Noteware
Support Services Manager
City of National City
Police Department
1200 National City Boulevard
National City, CA 91950-4302
Re: Contract between the City of National City and the County of San Diego
Dear Dave,
Enclosed is your agency copy of the signed National City agreement with RCS for your
records. I also included a copy of Minute Order No. 04 when it was approved by County
Board of Supervisors on August 2, 2005 and the declining balance/buyout schedule
payment commencing on January 31, 2006 up to January 31, 2012.
Thank you,
4 /St
CH !A R. HINSH
Manager, Wireless Services/RCS Division
CRH/cop
Enclosures
Board of Directors
SANDIEGO COUNTY— IMPERIAL COUNTY
Chief Darrell Jobes, East County Fire Protection District (Chair) — Chief Thomas A. Zoll, Carlsbad Police Department (Tice Chair)
Herman Reddick, San Diego County Office ofEmergency Services — Cmdr. Robert Apostolos, San Diego Sheriff's Department
Ali Zo{faghari, California Department of 7Fansportation-- Chief Erwin Willis, Rancho Santa Fe Fire Protection District -
Ron Fuller, Heartland Communications Facility Authority- Timothy Purvis, Poway Untied School District
Chief Bob Pfohl, Santee Fire Department, Sheriff Harold Carter, Imperial County Sheriff's Deparument/IVECA- Charles Beard/IVECA,
Chief Carlos Escalante, Calexico Fire Department/IVECA-Chief Chris Hall, Calipatria Fire Department
GLG V CU um, 0 1 GWy
San Diego County — Imperial oun y
Regional Communications System
5555 Overland Avenue, Suite 5105, MS-056, San Diego, California 92123
Phone (858) 694-3663 Fax (858) 694-3433
http://www.rcs800mhz.org
June 29, 2009
Mr. Chris Zapata
City Manager
City of National City
1243 National City Blvd.
National City, CA 91950
Dear Mr. Zapata:
RCS PARTICIPATING AGENCY AGREEMENT AMENDMENT — MARCH 31, 2013
Please see attached Amendment/Recital and Exhibit A documents which were inadvertently not
included with my letter to you dated June 19, 2009. This is your copy of Exhibit A signed by the
County Clerk of the Board.
Sincerely,
47
Susan Willy, Manager
r
SW:1st
Enclosure (2)
Board of Directors
SAN DIEGO COUNTY— IMPERIAL COUNTY
Chief Kevin Crawford, City of Carlsbad Fire Department (Chair) - Commander Mike McNally, San Diego Sheriff Dept (Vice Chair)
Chief Tom Zoll, Carlsbad Police Dept - Herman Reddick, OES, County of San Diego
Chief Bob Pfohl, Viejas Fire- Ali Zolfaghari, Caltrans
Timothy Purvis, Poway Unified School District - Undersheriff Fred Miramontes, ICSO
Charles Beard, IVECA - Chief Chris Hall, IVECA - Chief Mark Gillmore, IVECA
RECEIVED JUL n
2009
AMENDMENT TO THE MEMORANDUM OF AGREEMENT DATED AS OF
MARCH 7, 1995, BETWEEN THE COUNTY OF SAN DIEGO AND
PARTICIPATING CITIES AND JURISDICTIONS REGARDING THE
IMPLEMENTATION, GOVERNANCE, METHOD OF FUNDING AND COSTS OF A
REGIONAL RADIO SYSTEM PROVIDING COMMUNICATION SERVICES TO
PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN
DIEGO COUNTY AND IMPERIAL COUNTY
THIS AMENDMENT to that Memorandum of Agreement dated as of March 7,
1995, providing for the establishment, governance and funding of a regional radio system
providing communication services to public safety and public service agencies operating
in San Diego County and Imperial County is entered into as of May 5, 2009, between the
County of San Diego and the parties listed in Exhibit A as follows:
RECITALS
Whereas, pursuant to a Memorandum of Agreement ("RCS Agreement") dated as
of March 7, 1995, the parties established the Regional Communications System ("RCS)
and provided for its governance and funding; and
Whereas, other jurisdictions have become parties to the RCS Agreement; and
Whereas, the term of the RCS Agreement is 15 years from March 7, 1995, and
will therefore expire March 6, 2010; and
Whereas, the present parties to the RCS Agreement desire to extend the term of
the RCS Agreement for approximately three more years to terminate March 31, 2013;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Section 20 of the RCS Agreement is amended by substituting the following
language:
This Agreement shall terminate March 31, 2013.
2. In all other respects, the: RCS Agreement shall remain the same.
IN WITNESS THEREOF, the parties hereto have affixed their signature on the attached
Exhibit A.
RECEIVED JUL 012009
San Diego County -imperial County
Regional Communications System
Exhibit "A"
Amendment to the RCS Participating Agency Agreement
IN WITNESS WHEREOF, the party hereto does affix his/her signature.
COUNTY OF SAN DIEGO
Board of Supervisors Approval
Date:
s. c o 1.
CITY OF CARLSBAD
Council Approval
By I�(.8i, J YID
Thomas J. Pastuszka
Clerk of the Board of Supervisors
Date: By
Mayor
CITY OF CHULA VISTA
Council Approval
Date: By
Mayor
CITY OF CORONADO
Council Approval
Date: By
Mayor
CITY OF DEL MAR
Council Approval
Date: By
Mayor
Approved and/or authorized by the Board
Date Minute Order Nol.of Supe is r e County of San
THOMA J. ASTUSZKA
;Ierk a Board o u ervMSor$
Lputy Clerk
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE November 16th, 2004
27
AGENDA ITEM NO.
7ITEM TITLE
AND FIN
800 Mhz CITYWIDE RADIO SYSTEM: FINAL APPROVALS OF ACQUISITION
CIAL DOC AGREEMENTS �
DAVID TEW ADOLFO GONZALES ,. / *
PREPARED BY POLIC SUPPORT SERVICES DEPARTMENT CHIEF OF POLICE
MANAGER NATIONAL CITY POLICE DEPARTMENT
EXPLANATION
City Council has previously considered the condition of the City's radio system on
several previous occasions
Most recently at the October 196 2004 meeting, City Council considered a proposed financing plan
calling for at least some of the estimated $2.4M system cost to be financed through private placements.
At that meeting, City Council directed that Staff return with sales and financing documents at a future
meeting.
Tonight's recommended action is to grant final approval authority on all necessary aspects of this
project and to authorize the City Manager to purchase the system and order delivery.
Four separate agreements are necessary to commence this project. Separate resolutions are attached on
each agreement and they appear in the following order:
Continued on next page.
(Environmental Review N/A
Financial Statement
Account No.
STAFF RECOMMENDATION
If the City Council so wishes, a single motion to adopt all four proposed resolutions by one motion is
acceptable. Such a single motion should recite each of the four resolutions and its caption phrase.
RAA RD weuitas ter. 99 9 n W�_.a e.:we
sm. ¢
ATTACHMENTS ( Listed Below
A.) KC,S Membership Agreement
B.) RCS Financing Agreement
A-200 (9/80)
C.)
D.)
Motorola Equipment Piilree setAgreemeiit
Financing Agreement with Zion First
National Bank
9
(Continuation)
800 Mhz CITYWIDE RADIO SYSTEM: FINAL APPROVALS OF ACQUISITION
AND FINANCIAL DOCUMENTS AGREEMENTS
A.) Resolution for RCS Membership Agreement - The Regional
Communications System (RCS) is a joint powers agency spanning San Diego and
Imperial Counties. The Agency provides the backbone on which the physical
radios operate. New members "buy -in" to the existing RCS infrastructure via a
one-time buy -in fee. This fee is estimated at $887,714.00.
B.) Resolution for RCS Financing Agreement -Our Financial Advisor,
Ruben Mendoza, has determined that RCS's own financing offer of 5.65%
interest over a seven year loan is the most advantageous to the City. This
resolution secures that financing.
C.) Resolution for Motorola Equipment Purchase Agreement - Motorola's
estimated costs to deliver a turn -key system are estimated at $1.5M. This
resolution waives the City's bid process based on section 2.60.220 B of the
Municipal Code, which authorizes waiver of the bidding process when the
commodity can be obtained from only one source, and authorizes the equipment
to be ordered.
D.) Resolution for Financing Agreement with Zions' First National Bank
- The City's Financial Advisor has recommended that the financing for the
equipment and services to be purchased from Motorola be competitively placed
with Utah -based Zions' First National Bank. The form of the financing will be a
10-year lease at a rate of 4.46%. This resolution secures this final piece of the
financing.
In the interest of time and the complexity of the various transactions it is recommended
that the City Manager be authorized to sign all agreements and other documents that are
necessary to implement this project without further City Council action. Proposed
resolutions have been prepared with this authority.
Current total project costs are estimated at approximately $2.4M, however, it is expected
that there may need to be minor deviation on the amount as the final radio and parts
orders are completed. In addition, some minor contracts with third -party vendors (phone
company, equipment suppliers, etc.) will be necessary and will cause a minor change in
the total project cost. In addition a "reserve" is often built into leases to function as a
contingency and this amount will be set in the coming weeks.
If the City Council so wishes, a single motion to adopt all four proposed resolutions by
one motion is acceptable. Such a single motion should recite each of the four resolution
numbers and its caption phrase as listed above.
800 MHz103104.doc
10
CITY COUNCIL MEETING DATE: NOVEMBER 16TH, 2004
800 MHZ CITYWIDE RADIO SYSTEM; FINAL APPROVALS OF ACQUISITION AND
FINANCIAL DOCUMENTS AGREEMENTS STAFF REPORT.
In March of this year the Mayor and City Council identified Public Safety as the top policy
priority. At that time, problems with current radio system were reviewed and plans to join the
Regional Communications System (RCS) were advanced.
More than any others, two reasons stand out to immediately move the City from our own private
system to the RCS:
1. Hardware components of our 10-year old existing system have begun to fail and
the hardware vendor, Motorola, has announced hardware and software support will stop being
offered by 2006, at the latest, and;
2. Just as we did strategically with the old financial management software(called the
Prime) about 5 years ago -- our goal has to be to bring a new system on line before the current
one stops functioning.
Staff has been working with County of San Diego to provide access for the City of National City
to join the San Diego County Regional Communications System (RC). In anticipation of the this
approval, staff has been working with County of San Diego's 800 MHz vendor, Motorola
Communications and Electronics, to design a radio system with appropriate equipment
components which would work best with County of San Diego system and meet the
communications needs of the City of National City Police, Fire, Finance, Public Works,
Engineering, Planning, Building, and Parks and Recreation Departments.
Another important goal of the project is to establish much -needed "interoperability" between the
various local and outside agencies; that is to give personnel from different agencies the ability to
communicate effectively with each other during joint operations. This project is designed to
increase the overall effectiveness of very limited personnel resources operating within our own
city limits and in a very large geographic area of San Diego County, enabling well coordinated
cooperative actions aided by clear , effective mobile communications.
What happens if the system is not upgraded?
The City will not escape paying for the system replacement and purchasing new user equipment.
Motorola estimated that in order to continue using our existing system, replacement costs would
be approx $4,000,000.00.. There are several reasons why that cost is so high. All the existing
stationary equipment would have to be replaced due to its age and non -availability of parts and
software. Relocation of existing antenna to a higher location to provide for proper coverage
would be necessary.
System cost total to move to RCS:
The total cost of joining RCS and upgrading our existing 800 Mhz system would be approx $2.4
million. The San Diego Regional Communications System cost, is divided into two areas; Buy -
In and Infrastructure/user equipment.
1. "Buy -in" is the upfront one time cost to become an RCS member; $887,714.00
for the City of National City.
2. "Infrastructure and User equipment" would provide everything necessary for all
City users to connect to the RCS - $1.5M
a. Repeaters, Channel Banks, Dispatch Center Console Upgrade,
Engineering, Installation, Project Management, System Integration, Staging, Freight and
Dismantling of old existing equipment.
b. Replacing all older analog mobiles, portables and control stations.
c. Ongoing annual network operating cost and hardware maintenance:
additional $75,000.00
Initial Cost savings of joining the RCS versus upgrading our current system would be approx
$1.6 million ($4,000,000.00 less $2,400,000.00)
Implementation:
Motorola and RCS estimate that a 6-8 month time line would be required to complete the entire
project. Since Fire is dispatched through Heartland Dispatch, an estimated January 1, 2004
connect would be possible provided Motorola and RCS purchase and re -program all the radios
expeditiously. Additionally, Police will have full RCS capability upon completion of the console
and T-1 data line installation estimated to be around April -May 2004 time frame.
Financing:
Ruben Mendoza recommended financial options:
1.) How a Private Placement Works: In a private Placement an issuer negotiates
directly with an investor to fund a specific project. Cost savings are realized because instead of a
full blown bond issue with costs for bond attorneys, insurance, ratings, printing, trustee etc..., an
issuer and investor work with documents that have already been diligently reviewed by various
attorneys and are generally accepted out in the marketplace. Under a private placement terms
and structure of a financing are negotiated to best suit both parties.
2.) Motorola Financing versus Institutional Investor: We contacted various financial
institutions who we knew were active purchasers and investors of municipal tax-exempt paper.
We standardized the Motorola proposal so investors could quote on similar terms and structure.
Motorola indicated that their July numbers were stale since so much time had passed so
Motorola was given the opportunity to requite their proposal. Below is their final quote
compared to the lowest quote received from a financial institution, Zion's First National Bank.
2
IZ
A
RESOLUTION NO. 2004 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
THE PARTICIPATING AGENCY AGREEMENT FOR
THE SAN DIEGO-IMPERIAL COUNTY REGIONAL
COMMUNICATION SYSTEM
WHEREAS, the County of San Diego and participating public service and
public safety agencies in San Diego and Imperial Counties have entered into a
"Regional Communications System Participating Agency Agreement", which provides
for the development and operation of a Regional Communications System ("RCS")
benefiting the radio communication needs of those public safety and public services
agencies; and
WHEREAS, the RCS will replace the participating public service and
public safety agencies' existing radio communications systems throughout San Diego
and Imperial counties with a modem, trunked radio system; and
WHEREAS, RCS will include a separate Mobil Data System ("MDS") that
will be used to transmit data for regional public safety and public service users over 800
MHz radio frequencies dedicated to that purpose; and
WHEREAS, RCS shall provide effective and reliable radio
communications for routine intra-agency operations as well as inter -agency
communications throughout the region during mutual aid and disaster operations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby authorizes the Mayor to execute the Regional Communications
System Participating Agency Agreement. Said agreement is on file on the Office of the
City Clerk.
APPROVED and ADOPTED this 16th day of November 2004.
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
Nick Inzunza, Mayor
l3
RESOLUTION NO. 2004 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING A SOLE SOURCE PURCHASE
OF AN 800 MHZ CITYWIDE RADIO SYSTEM
FROM MOTOROLA, INC.
WHEREAS, the purchase of equipment, software, services, supplies and
hardware (collectively referred to as "the system") is necessary in order for the City to
participate in the 800 MHz San Diego County -Imperial County Regional
Communications System ("the RCS"); and
WHEREAS, during the purchasing process, it was determined that
Motorola, Inc. was the only vendor capable of providing the system necessary to
participate in the RCS; and
WHEREAS, pursuant to Section 2.60.220B of the Municipal Code, the bid
process may be waived when the commodity can be obtained from only one vendor.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby waives the bid process and authorizes the Mayor to execute an
agreement with Motorola, Inc. for the purchase of an 800 MHz radio system.
APPROVED and ADOPTED this 16th day of November 2004.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Nick Inzunza, Mayor
I
RESOLUTION NO. 2004 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT WITH THE COUNTY OF SAN DIEGO TO
PAY FOR THE COSTS OF 'THE CITY'S PARTNERSHIP
IN THE SAN DIEGO-IMPERIAL COUNTY REGIONAL
COMMUNICATION SYSTEM
WHEREAS, the County of San Diego and participating public service and
public safety agencies in San Diego and Imperial Counties have entered into a
"Regional Communications System Participating Agency Agreement", which provides
for the development and operation of a Regional Communications System ("RCS")
benefiting the radio communication needs of those public safety and public services
agencies; and
WHEREAS, the RCS will replace the participating public service and
public safety agencies' existing radio communications systems throughout San Diego
and Imperial counties with a modem, trunked radio system; and
WHEREAS, RCS will include a separate Mobil Data System ("MDS") that
will be used to transmit data for regional public safety and public service users over 800
MHz radio frequencies dedicated to that purpose; and
WHEREAS, RCS shall provide effective and reliable radio
communications for routine intra-agency operations as well as inter -agency
communications throughout the region during mutual aid and disaster operations.
WHEREAS, in order to obtain full partnership in the RCS, the City must
pay for the costs of participating in the existing RCS infrastructure, estimated to be
$887,714; and
WHEREAS, it has been recommended by the City's Financial Advisor that
the most advantageous, cost-effective way to finance the "buy -in" costs of participating
in the RCS is to enter into a contract for the payment of said costs with the County of
San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby authorizes the Mayor to execute a contract with the County of
San Diego to pay for the costs of the City's partnership in the San Diego -Imperial
County Regional System. Said contract is on file on the Office of the City Clerk.
Resolution No. 2004 —
November 16, 2004
Page Two
APPROVED and ADOPTED this 16th day of November 2004.
Nick Inzunza, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
RESOLUTION NO. 2004 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A FIXED RATE
EQUIPMENT LEASE/PURCHASE AGREEMENT WITH
ZIONS FIRST NATIONAL BANK FOR THE ACQUISITION OF AN
800 MHZ CITYWIDE RADIO SYSTEM FROM MOTOROLA, INC.
WHEREAS, the purchase of equipment, software, services, supplies and
hardware (collectively referred to as "the system") is necessary in order for the City to
participate in the 800 MHz San Diego County -Imperial County Regional
Communications System ("the RCS"); and
WHEREAS, it has been recommended by the City's Financial Advisor that
the most advantageous, cost-effective method to finance the acquisition of the system is
to enter into a Fixed -Rate Equipment Lease/Purchase Agreement with Zions First
National Bank.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby authorizes the Mayor to execute a Fixed -Rate Equipment
Lease/Purchase Agreement with Zions First National Bank for the acquisition of an 800
MHz citywide radio system from Motorola, Inc. Said agreement is on file in the office of
the City Clerk.
APPROVED and ADOPTED this 16th day of November 2004.
Nick Inzunza, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Attachment 4
San Diego County- lmperialCounty
Regional Communications System
Agreement
Between the County of San Diego and Participating Cities
and Jurisdictions Regarding the Implementation,
Governance, Method of Funding and Costs of a Regional
Radio System Providing Communication Services to
Public Safety and Public Service Agencies Operating in
San Diego County and Imperial County.
March 7, 1995
San Diego County- Itnparial County
San Diego County - Imperial County
REGIONAL COMMUNICATIONS SYSTEM AGREEMENT
Table of Contents
Regional Communications System
SECTION
SUMMARY PAGE
1. Purpose and Intent of Agreement
2. Regional Communications System (RCS) Overview
3. Agreement. Contingencies
4. RCS Participants
5. Additional Participants
6. Performance Requirements
1
1
2
2
7. RCS Access Priorities
8. RCS Governance
2
3
3
3
9. Roles and Responsibilities
10. RCS Member Board
4
4
11. RCS Board of Directors 5
12. Representation on the RCS Board of Directors 7
13. RCS Board of Directors Terms and Qualifications
8
14. Attendance and Participation by the Public 9
15. RCS Voting Requirements
16. Department of Information Services Support Staff Role
9
9
17. Agency Costs and CSA Benefit Charges 10
18. Point of Demarcation - Responsibility of Equipment 13
19. Purchase of RCS Compatible Equipment 13
20. Term of Agreement; Entire Agreement
13
21. Agreement Modification 13
22. Termination of Agreement 14
23. Binding Arbitration 14
Signatures Authorizing Signatures of Governing Parties 15- 18
Exhibit "A" Parties to the Agreement
Exhibit "B" Estimated Agency One -Time Costs (Voice and Data)
Exhibit "C" Example of Estimated Post Agreement Start-up Costs
Exhibit "D" RCS Governance Structure Flow Chart
San Diego County— Imperial County
REGIONAL COMMUNICATIONS SYSTEM
Participating Agency Agreement
'!. Purpose and Intent of Agreement
1.1. This Memorandum of Agreement dated as of March 7, 1995, between the.
parties named in Exhibit "A" and the. County of San -Diego, a political
subdivision of the State of California, provides for the development and
operation of a Regional. Communications System (RCS) benefiting the
radio communication needs of public safety and public serviceagencies
operating in the counties of San Diego and Imperial.
1.2. Nothing -in this.Agreement is intendedto lessen participating. member
jurisdictions' authority over and responsibility for events occurring within
their jurisdiction.
1.3. In order to provide an alternate source of funding for agencies participating
in the RCS, the County of San Diego has formed County Service Area
(CSA) 135 pursuant to Government Code (GC) Section 25210.1 et. seq.
1.4. For participating agencies deciding to use CSA 135 to fund their system
costs, the County intends to levy parcel charges according to benefit per
§25210.77a GC.
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
2. Regional Communications System (RCS) Overview
2.1. The RCS will replace the participating public service and public safety
agencies' existing radio communication systems throughout San Diego and
Imperial counties with a modem, trunked radio system.
2.2. The RCS will include a separate Mobile Data System (MDS) that will be
used to transmit data for regional public safety and public service users
over 800 MHz radio frequencies dedicated to that purpose. Participation in
the MDS is not mandatory, and the MDS coverage area will be subject to
agency participation.
2.3. The RCS shall provide effective and reliable radio communications for
routine intra-agency operations as well as inter -agency communications
throughout the region during mutual aid and disaster operations. Public
safety and public service agencies throughout the counties of San Diego
and Imperial will have the opportunity to join the RCS.
2.4. For the purposes of this Agreement, Public Safety and Public Service
agencies are defined to include:
San Diego County- trial County
Participating Agency Agreement
Raglanal Communications System
2.4.1. Public Safety includes all law enforcement, fire service, EMS and.
disaster preparedness agencies in San Diego County and
Imperial County.
2.4.2. Public Service includes the State of California Department of
Transportation (CALTRANS) District 11 and other participating
agencies in the counties of San Diego and Imperial whose
primary responsibility is providing citizens with services other than
law enforcement, fire service and disaster preparedness.
2.5. . Alllaw enforcement, ..fire• service, disaster preparedness and participating
• public service agencies in -San Diego County and Imperial County shall
have..accessto mutual aid communications capabilities.
2.6. Communications withagencies:that have installed their own 800 MHz radio.: .
systems shall be facilitated via interfaces to the RCS.
3. Agreement Contingencies
Thisagreement. is void unless -financing for the radiosystem.. infrastructure .is
approved by the San Diego County Board of Supervisors and the necessary
financing closes. As to the County of Imperial, this Agreement shall terminate ifa
CSA or otherfunding mechanism for communications purposes is not established
within two years of the date of this Agreement.
4. RCS Participants
4.1. The RCS shall be designed to support the requirements of San Diego and
Imperial county public safety and designated public service participants.
4.2. CALTRANS radio requirements shall be supported throughout District 11,
which includes the counties of San Diego and Imperial in their entirety.
4:3. All participants shall receive equitable representation on the Regional
Communications System Member Board (RCS Member Board) as set
forth in this Agreement.
4.4. As part of implementing this agreement, participating agencies shall co-
license or transfer their currently allocated 800 MHz frequencies to the
County of San Diego for use in the RCS.
4.5. No actions 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 impact 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 agencies joining the RCS on a case -by -case basis after the date of
this Agreement.
5.2. Priority consideration shall be given to agencies with licensed, public
safety/public service 800 MHz frequencies that can be co -licensed or trans -
March 7, 1995
Page 2
'Participating Agency Agreement
San Piago County -Imperial County
Regional Communlatione System
ferred to the RCS, if such action can result in enhanced radio
communications capabilities for all participants.
6. Performance Requirements
6.1. The RCS shall be designed to provide a high level of service and
responsiveness, with region -wide coverage and capacity for all planned
users throughout the term of this Agreement.
6.2. The RCS design objectives for the performance of portable and mobile
voice and data radio equipment, and the quality of coverage provided shall
be determined by the RCS Board of Directors and appropriate County of
San Diego staff.
6.3. The RCS shall be designed to meet the loading requirements of the
anticipated busiest -hour for all planned users .over the life of the system.
6.4. The actual RCS coverage plan shall be determined by the.RCS Board of
Directors.
7. RCS Access Priorities
7.1. 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. RCS Governance
March 7, 1995
Page 3
San Dingo County- 14orla I County
Participating Agency Agreement
Regional Communications System
8.1. The overall goal in governing the RCS shall be to establish an operational
and management structure that will provide authority to participants during
the RCS's development and in the subsequent ongoing administration and
management throughout the term of this agreement. Exhibit "Dn depicts an
RCS governance flowchart.
8.2. The RCS Member Board and the RCS Board of Directors are established
by this Agreement, the duties and responsibilities of which are set forth in
§10 and §11.
8.3.. The governance objectives include:
8.3.1. Provide a structure which retains administration and fiscal
responsibility of the system in the control of the participating
agencies.
8.3.2. Allow the use of a CSA funding mechanism.
8.3-.3.. Establish an organization which facilitates decision making.
8.3.4. Leverage resources where appropriate.
8.3.5. Develop an organization which will remain flexible and meet the
needs of the participants over the term of the agreement.
9. Roles and Responsibilities
As required by the California CSA law, the San Diego County Board of Supervisors
shall have ultimate legal and fiscal control over the RCS. Subject to such ultimate
control, the Board of Supervisors shall delegate the fiscal control and operational
administration of the RCS to the RCS Board of Directors.
10. RCS Member Board
10.1. Each of the parties to this Agreement desires to participate in the
governance of the RCS as a member of the Regional Communications
System Member Board to be formed under the provisions of this
Agreement.
10.2. The Regional Communications•System Member Board shall have re-
sponsibility for, and shall provide administration of components of the RCS
that are common to all participating agencies.
10.3. Each participating agency shall appoint one representative to serve on the
RCS Member Board: Representatives to the RCS Member Board shall
serve at the pleasure of their respective appointing authority.
10.4. A participating jurisdiction with multiple agencies whose public safety and
service radio communication needs are being met by the RCS shall be
entitled to one representative on the RCS Member Board for each type of
agency. (I. E., a participating city whose police and fire departments use
the RCS shall have a RCS Member Board representative from each
department.)
March 7, 1995
Page 4
Participating Agency Agreement
Dan Diego County -Imperial County
Regional Communications System
10.5. The RCS Member Board shall be responsible for recommending
operational changes and for participating in other committees, or in other
ways deemed appropriate by the RCS Board of Directors.
10.6. The RCS Member Board shall be responsible for approving the annual
budget.
11. RCS Board of Directors
11.1. The RCS Board of Directors shall be composed of RCS representatives of
each type of participating public safety/public service agency.
11.2. Members of the RCS Board of Directors shall be determined in the
following manner, according -to.the type of agency.
11.2.1. San Diego County:
11.2.1.1. The delegate from the San Diego Sheriff's Department
shall be the Sheriff or the Sheriff's designate.
11.2.1.2. The representative for the County of SanDiego shall
be the Chief Administrative Officer (CAO) or the CAO's
designate, preferably from the Office of Disaster
Preparedness.
11.2.1.3. The municipal police representative shall be a police
chief or designate from RCS member agencies who
shall be selected by the San Diego County Police
Chiefs and Sheriff's Association.
11.2.1.4. The municipal fire representative shall be a fire chief or
designate from RCS member agencies who shall be
selected by the San Diego County Fire Chiefs
Association.
11.2.1.5. The fire district representative shall be a fire chief or
designate from RCS member agencies who shall be
selected by the San Diego County Chapter, Fire
Districts Association of California.
11.2.1.6. The North County Dispatch Joint Powers Authority
(JPA) representative shall be a fire chief or designate
from RCS member agencies who shall be selected by
the North County Dispatch JPA governing body.
11.2.1.7. The Heartland Communications Facility JPA (HCFA)
representatives shall be designates from RCS member
agencies who shall be selected by the HCFA governing
body.
11.2.2. Imperial County:
11.2.2.1. The delegate from the Imperial County Sheriff's Office
shall be the Sheriff or a designate.
March 7, 1995
Page 5
Participating Agency Agreement
San Diego County - knperial County
Regktal Communkatione System
11.2.2.2. The representative for the County of Imperial shall be
the CAO or a designate.
11.2.2.3. The municipal police representative shall be 'a police
chief or designate from RCS member agencies who
shall be selected by the Imperial County Police Chiefs
Association.
11.2.2.4. The municipal fire representative shall be a fire chief or
designate from RCS member agencies who shall be
selected by the Imperial County Fire Chiefs
Association.
11.2.2.5. The fire district representative shall be a fire chief or
designate from RCS member agencies, wha shall be..
selected by the Imperial County Chapter, Fire Districts
Association of California.
11.2.3. The representative for CALTRANS shall be -a designate selected
byappropriate state authority.
11.2.4. This -Agreement provides for the addition of two public service
members of the RCS Board of Directors, to be added when public
service agencies join the RCS.
11.3. The RCS Board of Directors shall be responsible for the overall
administration and direction of the RCS through interaction with the San
Diego County Board of Supervisors, the assigned San Diego County staff
and the RCS Member Board.
11:4. Specific responsibilities of the RCS Board of Directors shall include:
11.4.1. Formulating the annual budget and submitting it to the RCS
Member Board for approval.
11.4.2. Identifying participating agency needs and requirements.
11.4.3. Establishing subcommittees as necessary to ensure the
interests and concerns of each user agency are represented
and to ensure technical issues are thoroughly researched.
11.4.3.1. The RCS Board of Directors shall establish a
committee of MDS user agencies to administer the
MDS and to make appropriate recommendations.
11.4.3.2. If all RCS user agencies are MDS participants,
administration of the MDS shall revert to the RCS
Board of Directors.
11.4.4. Monitoring the implementation of the RCS.
11.4.5. Reviewing and adopting recommendations regarding the
establishment of system priorities and talk groups.
11.4.6. Developing and approving RCS operating policies and proce-
dures.
March 7, 1995
Page 6
Participating Agency Agreement
San Diego County- imperial County
Regional Communications System
11.4.7. Overseeing the establishment of long range plans.
11.4.8. Overseeing scheduled system reviews at intervals determined
by the RCS Board of Directors, but not to exceed three years.
11.4.9. Budgeting and approving the disbursement of money from all
CSA 135 funds.
11.4.10. Making recommendations to the San Diego County Board of
Directors regarding the inclusion of additional RCS participants.
11.4.11. Addressing concerns of participating agencies.
11.4.12. Adopting appropriate actions to adjust RCS policies or
procedures.
11.4.13. Adopting by-laws to govern the RCS Board of Directors
internal operations.
11.4.14. Meeting quarterly or more frequently, if necessary.
11.4.15. Appointing a new Chairperson 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 Directors,
12.1. As of the date of this Agreement, the following types of agencies shall be
represented by appointment to the RCS Board of Directors:
12.1.1. San Diego County:
12.1.1.1. Sheriffs Department
12.1.1.2. County Representative (Office of Disaster
Preparedness)
12.1.1.3. Municipal Police
12.1.1.4. Municipal Fire
12.1.1.5. Fire Districts
12.1.1.6. North County Dispatch Joint Powers Authority
12.1.1.7. Heartland Communications Facility Joint Powers
Authority
12.1.2. Imperial County:
12.1.2.1. Sheriffs Department
12.1.2.2. County Representative
12.1.2.3. Municipal Police
12.1.2.4. Municipal Fire
March 7, 1995
Page 7
01(0
San Diego County- l County
Participating Agency Agreement
!legion! Communication System
12.1.2.5. Fire Districts
12.1.3. CALTRANS
12.1.4. Public Service agencies shall select two delegates at large.
13. RCS Board of Directors Terms and Qualifications
13.1. Terms for members of the RCS Board of Directors shall be determined by
their appointing authority. All members of the Board of Directors serve at
the pleasure of their respective appointing authority.
13.2. Theappointing authority shall also select an alternate to the RCS Board of
Directors. Alternate members are encouraged to attend regular Board of
Directors meetings, but shall vote only in the absence of the regular
member.
13.3. Only representatives of agencies participating in the RCS may be selected
to the RCS Board of Directors.
13.4. The Chairperson and a Vice Chairperson. of the RCS Board of Directors
shall be biannually elected by a majority vote of the Directors. During their
term, the Chairperson and Vice Chairperson shall serve at the discretion of
a majority of the Directors.
13.5. Attendance at Board of Directors meetings:
13.5.1. Members of the Board of Directors are expected to attend all
possible meetings to represent their group interests and to help
conduct RCS business. Arrangements should be made for the
alternate to attend in the absence of the primary representative.
13.5.2. To remain on the Board of Directors, a director may not exceed
more than three absences from regularly scheduled Board of
Directors meetings during a County of San Diego fiscal year
(July 1 through June 30).
13.5.3. If a director exceeds more than the allowable three absences in
a fiscal year, the Board of Directors shall request a replacement
from the appointing authority unless, because of extraordinary
circumstances, the Board of Directors votes to allow one
additional absence.
13.5.4. Alternate directors shall be subject to the same requirements for
all meetings they are required to attend.
13.5.5. An absence by both the primary director and the alternate
director representing the same appointing authority shall be
counted against both parties.
13.5.6. By vote of the Board of Directors, a leave of absence may be
granted to a primary of alternate director for no more than 180
days. Only one leave of absence may be granted in any twelve
month period.
March 7, 1995
Page 8
Participating Agency Agreement
San Diego County - Imperial County
Kaglonai Connnunications System
13.5.7. Resignation from the Board of Directors shall be submitted in
writing to the chairperson and to the appointing authority.
14. Attendance and Participation by the Public
14.1. Ralph M. Brown Act All meetings of the RCS Board of Directors and
RCS Member Board shall be noticed and conducted in accordance with the
provisions of the Ralph M. Brown Act (GC §54950 et. seq.).
14.2. Local, state and federal representatives of public safety or service agencies
who are not parties to this Agreement may participate in RCS Board of
Directors, Member Board or committee meetings asmembers of the public;
but shall not have voting rights.
14.3. Representatives from non -participating agencies may. not serve in any
official capacity in respect to RCS administration, management or
operation.
15. RCS Voting Requirements
15.1. Members of the RCS Member Board, Board of Directors and committees
shall vote on all items on the basis of one vote per member.
15.2. A quorum for the conduct of business exists when a majority of the
members are present at Board of Directors, Member Board and other
committee meetings.
15.3. Actions on all boards and committees shall be determined by a majority
vote of members present at a meeting when a quorum exists.
15.4. An agency may.not designate another agency to be its proxy.
15.5. In the case of RCS Board of Directors actions, the alternate delegate shall
only have a voting right in the absence of the regular delegate.
16. County of San Diego, Department of Information Services (DIS)
Support Staff Role
16.1. DIS staff shall serve as an advisory and staff function to the RCS Member
Board and RCS Board of Directors.
16.2. DIS staff shall manage the day-to-day operation of the RCS subject to
direction from and review by the RCS Board of Directors .
16.3. DIS staff shall provide support as necessary, but shall not have a voting
right on any business before the RCS Member Board, the RCS Board of
Directors, or any committees.
16.4. DIS staff shall perform the functions necessary to ensure that specific
system performance guarantees are maintained throughout the term of the
agreement.
16,5. As the manager and operator of the RCS, the Department of Information
Services shall have the responsibility to:
March 7, 1995
Page 9
Participating Agency Agreement
San Diego County- Im,erialCounty
Regional Communications 5yetem
16.5.1. Provide appropriate staff support to the RCS Board of Directors
as requested, within budgetary restraints.
16.5.2. Seek RCS Board of Directors approval of major policy decisions
related to the RCS.
16.5.3. Develop contracts with vendors and submit to RCS Board of
Directors for approval.
16.5.4, Implement the regional 800 MHz public safety voice and data
radio systems.
16.5.5. Retain employees and agents.
16.5.6. Acquire, hold or dispose of property necessary to operate the
RCS.
16.5.7. Charge participating agencies for expenses incurred in ongoing
maintenance and operation of the RCS.
16.5.8. Implement policy.
16.5.9. Monitor and maintain RCS performance.
16.5.10. In conjunction with the RCS Board of Directors, develop and
recommend the annual RCS budget.
16.5.11. Reassign RCS priorities in extraordinary circumstances and
make emergency repairs as required.
16.5.12. Provide information and support as necessary to the RCS Board
of Directors.
16.5.13. Provide operating reports and technical information as necessary
to assist the RCS Board of Directors.
16.5.14. Establish and maintain accounts and records, including
personnel, property, financial, programmatic and other records
deemed necessary by the RCS Board of Directors to ensure
proper accounting for all ongoing operations and maintenance
costs.
16.5.15. Use the records to justify any adjustment to agency benefit
charges.
16.6. The Director of DIS shall provide the RCS Board of Directors timely
advance notice of impending personnel changes affecting any
management staff assigned RCS responsibilities.
17. Agency Costs and CSA Benefit Charges
17.1. The Department of Information Services shall implement, manage and
operate the 800 MHz trunked radio backbone and microwave systems.
17.1.1. Costs for agencies participating at the time the RCS is
implemented are reflected in Exhibit "B", MDS participation
costs are separate from voice radio system costs.
March 7, 1995
Page 10
Participating Agency Agreement
San Diego County • Imperiat County
Regional Communications System
17.1.2. Costs for agencies joining subsequent to the implementation of
the RCS:
17.1.2.1. The County of San Diego shall assume the costs of
implementing the voice and data radio backbone
systems in areas where agencies have not committed
to RCS participation.
17.1.2.1.1. RCS coverage in those areas shall meet
the requirements of the County of San
Diego.
17.1.2.1.2. Costs to enhance coverage to satisfy the
needs of an agency joining the RCS
subsequentto the original implementation.
shall be the joining agency's responsibility.
17.1.2.2. An agency joining the RCS shall be responsible for
paying their original one-time costs as represented in
Exhibit "B", plus financing costs that have incurred
since the date of this Agreement. The RCS Board of
Directors shall reimburse appropriate financing
expenses to the County of San Diego in relation to
§17.1.2.3.
(E)(AMPLE• If Santee decides to join the RCS after five years of
the 15 year agreement have passed, their costs will include:
(1) their estimated one-time costs as shown in Exhibit "B" and,
(2) associated financing costs for the first five years, as shown
in Exhibit "C'.
The RCS Board of Directors shall then reimburse the County of
San Diego for principal and financing expenses that resulted
because of Santee s absence during the initial five years.)
17.1.2.3. An agency or jurisdiction that wants to join the RCS
must pay a proportional cost of the overall voice radio
backbone and microwave development investment.
If the agency or jurisdiction decides to use CSA 135
for funding, it must file an application with the San
Diego County Local Area Formation Commission
(LAFCO) to join CSA 135. Each agency is
responsible for its own costs associated with the
LAFCO process.
17.1.2.4. All funds received from agencies joining the RCS shall
be deposited in the CSA 135 account for appropriate
distribution by the RCS Board of Directors.
17.2. The agency may use a funding method other than CSA 135 to pay for its
RCS origination and operating expenses.
March 7, 1995
Page 11
San Diego County - Imperial County
Participating Agency Agreement
Regional Communications system
17.3. Ongoing operations and maintenance costs shall be shared equally by the
participating agencies and shall be based on the established formula. (See
Exhibit "B")
17.4. Monthly Operating Fees
17.4.1. The costs of ongoing operations and maintenance of the trunked
voice radio system, mobile data radio system and microwave
system shall be allocated to the participating agencies on a per
radio basis.
17.4.1.1. The cost per radio shall be limited to those radios 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
determining the agency's ongoing RCS costs unless
the radios are retained for normal operations following
resolution of the disaster or emergency.
17.4.1.3. The costs of ongoing operations and maintenance on
the voice system and the mobile data system shall be
determined separately, since not all agencies will
decide to use both systems. Therefore, the monthly
operating fees for radios on each system may be
different..
17.4.2. After resolving which agencies are participating and determining
the actual number of radios to be included in each system (voice
and data), the cost per agency shall be finalized.
17.4.3. The final cost shall be in effect for a period of one year and shall
be adjusted annually to reflect actual costs.
17.5. Reserve Funds in CSA 135 Account
17.5.1. One of the responsibilities of the RCS Board of Directors is to
budget the disbursement of money from the CSA 135 account.
17.5.2. All funds received by the County of San Diego from all RCS
participating agencies, for the purpose of funding the RCS shall
be deposited into the CSA 135 account.
17.5.3. Reserve funds, including interest, shall be maintained in the CSA
135 account for the purposes of contingencies and for RCS
upgrades and enhancements.
17.5.4. CSA 135 reserve funds can only be used for Regional
Communications System purposes and on approval of the. RCS
Board of Directors by majority vote.
17.5.5. The RCS Board of Directors shall review CSA 135 fund levels
annually and take appropriate action.
17.6. CSA 135 Zone Option and Costs
March 7, 1995
Page 12
Participating Agency Agreement
San Diego County - Imperial County
Regional Communications System
17.6.1. Each participating agency shall have the ability to customize their
own CSA 135 requirements for other RCS components, including
user equipment, communications center equipment and operating
costs, by developing a CSA zone.
17.6.2. Each agency establishing a zone shall have the responsibility to
develop an annual zone budget and zone benefit fee schedule.
17.6.3. The CSA funds generated within the zone may only be utilized to
meet the requirements of that zone.
17.7. Unless -otherwise agreed,maintenance of agency owned RCS equipment
shall be provided by Department of Information Services staff assigned to
the RCS. All associated maintenance costs shall be included as a part of
the agency monthly operating fees.
17.8. Maintenance and other costs associated with the provision of primary
commercial and back up 110/240 volt A. C. electrical power shall be the
responsibility of the agency.
17.9. Unless otherwise determined by separate agreement, each participating
agency shall be responsible for the costs associated with connecting to the
RCS backbone from the point of demarcation to the agency radio system
equipment.
18. Point of Demarcation for Responsibility of Equipment
18.1. Unless otherwise determined by separate agreement, the demarcation
point between RCS responsibility and agency responsibility is the
microwave radio channel bank equipment termination blocks that are used
to interconnect the agency radio consoles and other electronic devices
used for voice and data communications to the channel banks.
18.2. Each participating agency shall be responsible for all costs associated with
their mobile data 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
specifications, including brands and models when appropriate, for
associated equipment used to interconnect to the RCS.
19.2. Participating agencies agree to submit specifications of radio system
related equipment orders 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 pricing.
20. Term of Agreement
The term of agreement is for fifteen years from the date of this Agreement.
21. Agreement Modification; Entire Agreement
March 7, 1995
Page 13
Participating Agency Agreement
San Diego County. Imperial County
Regional Communications System
21.1 This Agreement may only be amended in writing with the approval of the
governing bodies of all parties to this Agreement. Prior to processing an
amendment, a recommendation shall be requested from the RCS Board
of Directors.
21.2. This Agreement constitutes the entire agreement of the parties and any
previous oral or written agreements are superseded by this Agreement.
Subsequent agreements may be entered into with CALTRANS and the
County of Imperial concerning RCS matters.
22.. Termination of Agreement
22.1. In order to terminate participation prior to the end of the fifteen year term,
the withdrawing agency must provide no less than a one year written notice.
of intent to terminate participation.
22.2. Termination shall be granted provided that.the withdrawing party:
22.2.1. Returns to the RCS all equipment for value that the RCS Board of
Directors determines is required to -maintain: the RCS -for all.
remaining users; and,
22.2.2. If the termination compromises the legality of the CSA benefit
charges in thejurisdiction of the withdrawing agency, such
agency shall be responsible for the remaining debt payments
which would have aggregated from the CSA.
22.2.3. If an agency that brought frequencies to the RCS opts to
terminate, the RCS Board of Directors shall negotiate a
settlement that either returns the same or equivalent operable
frequencies, or provides equitable compensation if frequencies
are left with the RCS.
23. Arbitration
23.1. If settlement on an issue cannot be reached between the grieving or
terminating agency and the RCS Board of Directors, binding arbitration
shall be employed to reach a settlement.
23.2. The arbitrator shall be selected by mutual agreement of the RCS Board of
Directors and the terminating agency.
23.3. It shall be the duty of the arbitrator to hear and consider evidence
submitted by the parties and to thereafter make written findings of fact and
a disposition of the settlement which shall be binding in nature, except as to
issues of law.
•
23.4. Each party to a hearing before an arbitrator shall bear his own expenses in
connection therewith.
23.5. All fees and expenses of the arbitrator shall be borne one-half by remaining
members of the RCS and one-half by the grieving or withdrawing agency.
March 7, 1995
Page 14
33
Participating Agency Agreement
IN WITNESS WHEREOF, the parties hereto do affix their signatures.
COUNTY OF SAN DIEGO
Board of Supervisors Approval
Date: MAR 7 1995 By
CITY OF CARLSBAD
Council Approval
Date: MARCH 22, 1995 By
CITY OF DEL MAR
Council pproval
Date- _ 3 — e/S
CITY OF ENCINITAS
Council Approval
Date: MARCH 22. 1995 By
CITY OF IMPERIAL BEACH
Council Approval
Date: By
CITY OF LEMON GROVE
San Diego County -Imperial County
Regional CommunleatloneSystem
Mayor
Council Approval
Date. By Mayor
CITY OF POWAY
Council Approval
Date: -y i ' By
CITY OF SAN MARCOS
Council Approval
Date: ` ,5/95-
CITY OF SOLANA BEACH
Council p,pproval
Date- 9- f 7 "`-
3�
March 7, 1995
Page 15
San Diego County- Imperial County
Participating. Agency Agreement
CITY OF VISTA
Council Approval
Date: 4-11-11-45
NORTH COUNTY DISPATCH JPA
Board of Directors Approval
Date:.
HEARTLAND COMMUNICATIONS
FACILITY JPA
Board of Dir for Approval
Date: '� /3�f'S'
IMPERIAL VALLEY EMERGENCY COMMUNICATIONS JP
C-$UNTY or
Board of Stipe vise A royal
Date: %"('.Z- 6 " , By J _.�i//�� ,i i
Mayor
Regional Communications System
STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION
State of California Approval
Date:
ALPINE FIRE PROTECTION DISTRICT
By
Governing Authority Approval
Date: Q3 - t `1 `;'S' By
BONITA-SUNNYSIDE
FIRE PROTECTION DISTRICT
Governin Authority Approval
Date: - 9.S By G
March 7, 1995
Page 16
Participating Agency Agreement
BORREGO SPRINGS
FIRE PROTECTION DISTRICT
Governing Authority Approval
Date: 4--- / ? iS By
DEER SPRINGS
FIRE PROTECTION DISTRICT
Governing Authority Approval
Date: By
EAST COUNTY
FIRE PROTECTION DISTRICT
Governing Authority Approval
Date: 277a 7 ' i92
JULIAN-CUYAMACA
FIRE PROTECTION DISTRICT
Governing Authority Approval
Date: 7i t2coo
LAKESIDE FIRE PROTECTION DISTRICT
Governing Authority Approval
Date: Ys, / t3 t' 9 6 By
San Diego County - Imperial County
Regional Communication. Syptem
By /'/Vy ,L
By;_�
LOWER SWEETWATER
FIRE PROTECTION DISTRICT
Governing Authority Approval
Date' By
PINE VALLEY
FIRE PROTECTION DISTRICT
Governing Authority Approval
Date. By
RANCHO SANTA FE
FIRE PROTECTION DISTRICT
Governing Authority Approval
Date. By
ri
3t�
March 7, 1995
Page 17
San Diego County - Imperial Cennity
Regional C.ammuniestiona yetem
Participating Agency Agreement
RURAL FIRE PROTECTION DISTRICT
Governing Authority Approval
Date: 7 -
SAN MIGUEL CONSOLIDATED
FIRE PROTECTION DISTRICT
Governing Athority Approval
Date:
VALLEYCENTER • .‘
FIRE PROTECTION DISTRICT
Governing Authority Approval
Date: 2'-if
FIRE PROTECTION DISTRICT
Govern iag Authority Approval
Date: -5 - 2_ -7'6
CITY OF SANTEE
Council Approval
Date:
APPROVED AS TO FORM AND LEGALITY
COUNTY COUNSEL
BY
chrsPDeputy Counsel
By
By
By
Approved and/or authorized by the Board
of Supervisorf,-_of the County of San Diego
Oate:J2.. Minute Order No.
THoMAS PASTiSZKA
Cierk o Cio.arci>ef Sup.D.-..visors
BY
Dees Clerk
March 7, 1995
Pace 18
San Diego County- Imperial County.
Participating Agency Agreement
Regional Communications System'
IN WITNESS WHEREOF, the parties hereto do affix their signatures.
C/TY OF EL CAJON
Council Approval
Date: September 15, 1998
By
clMayor Joan Shoemaker
March 7, 1995
Page 19
3-
Participating Agency Agreement
San Diego County -lmpa-talCourtty
Regional CommunitRsbnsSyatem
IN WITNESS WHEREOF, the party hereto does affix his/her signature.
CITY OF CORONADO
Council Approval
Date: December 7, 1999
By
Title: Mayor, City of Coronado
March 7, 1995
Page 20
3y
Resolution No. 7O 5 9
EXHIBIT
Page 4 of
5an Olego Country-lmper(al Courrty
Regional Coirmunlcatione System
Participating Agency Agreement
IN WITNESS WHEREOF, the party hereto does affix his/her signature.
CITY OF ESCONDIDO
Council Approval
Date: `�/5,�� 4,o0
By
Lori Holt Pfe Ier
Title: Mayor, City of Escondido
March 7, 1995
Page 21
0
Participating Agency Agreement
San Olego County- lmperialCounty
Regional Communldtlons System
IN WITNESS WHEREOF, the party hereto does affix his/her signature.
CITY OF LA MESA
Council Approval
Date: ag/d
ByKiAW/
Art Madrid
Title: Mayor, City of La Mesa
March 7, 1995
Page 22
San Diego County - Imperial County
Regional Communications System
Participating Agency Agreement
IN WITNESS WHEREOF, the party hereto does affix his/her signature:
CITY OF CHULA VISTA
Council Approval
Date:
By - ,/ ��
SHI LEY HORTON
Title: Mayor, City of CHULA VISTA
March 7, 1995
Page 23
RESOLUTION NO. 2004 — 216
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
THE PARTICIPATING AGENCY AGREEMENT FOR
THE SAN DIEGO-IMPERIAL COUNTY REGIONAL
COMMUNICATION SYSTEM
WHEREAS, the County of San Diego and participating public service and
public safety agencies in San Diego and Imperial Counties have entered into a
"Regional Communications System Participating Agency Agreement", which provides
for the development and operation of a Regional Communications System ("RCS")
benefiting the radio communication needs of those public safety and public services
agencies; and
WHEREAS, the RCS will replace the participating public service and
public safety agencies' existing radio communications systems throughout San Diego
and Imperial counties with a modern, trunked radio system; and
WHEREAS, RCS will include a separate Mobil Data System ("MDS") that
will be used to transmit data for regional public safety and public service users over 800
MHz radio frequencies dedicated to that purpose; and
WHEREAS, RCS shall provide effective and reliable radio
communications for routine intra-agency operations as well as inter -agency
communications throughout the region during mutual aid and disaster operations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby authorizes the Mayor to execute the Regional Communications
System Participating Agency Agreement. Said agreement is on file on the Office of the
City Clerk.
APPROVED and ADOPTED this 16th day of November 2004.
LOA
Nor 47g7 Tr2'
ATTEST:
c ael R. Dall ,City
APPROVED AS TO FORM:
�u tioc
George H. iser, III
City Attorney
Mi Clerk
CONTRACT BETWEEN
THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO
This contract is between the City of National City (City) and the County of San Diego (County)
for use of the 800 MHz Regional Communications System (RCS).
The City agrees to pay $887,714 to the County for full partnership in the RCS. The City will
make a $500,000 lump -sum payment to the County on or before January 31, 2006. The
remaining $387,714 will be fully amortized over seven years at an annual interest rate of 5.65%,
to yield an annual payment of $68,592. Commencing on January 31, 2006, and on the 31st of
January of each subsequent year up to including January 31, 2012, the City shall pay $68,592 to
the County. Notwithstanding the foregoing, the City shall be permitted to pay to the County the
remaining un-amortized principal balance attributable to the initial $387,714 without penalty at
any time prior to January 31, 2012.
The City also agrees to participate in the RCS in accordance with the terms and conditions set
forth in the RCS Memorandum of Agreement (Attachment A), with the exception of Section
17.1.2.2. Regarding the exception, City is not responsible for interest charges related to past
financing costs specified in Section 17.1.2.2 of the RCS Agreement.
APPROVAL: APPROVAL:
County of San Diego City of National City
Thomas J. Pastuszka Nick4nzunza
Clerk of the Board of Supervisors Mayor, City of National City
Date: 't- 4> 05
APPROVED AND/OR AUTHORIZED BY THE BOARD
OF SUPERVISORS OF THE COUNTY OF SAN DI G0
DATE- S-9 • 05 MINUTE ORDER NO' 1
THOMAS J. PASTUSZKA
CLER4 OF THE BOARD F SUPERVISORS
BY E DEPUTY CL R
Date: 0 7/1 )
AP?RCVi ,r, 'A,S .•
RECEIVED OCT 1 20l2
San Diego County — Imperial County
Regional Communications System
5555 Overland Avenue, Suite 5105, MS-056, San Diego, California 92123
Phone (858) 694-3663 Fax (858) 694-3433
http://www.rcs800mhz.org
October 5, 2012
Ms. Leslie Deese
City Manager - City of National City
1243 National City Blvd.
National City, CA 91950
Dear Ms. Deese:
Enclosed is a copy of an agreement with the Regional Communication System (RCS) which requires
a signature and execution. This agreement, titled "The Regional Communications System (RCS)
Participating Agency Agreement" and dated March 7, 1995 is between the County of San Diego and
participating cities and jurisdictions. It formally implemented the RCS and established the
governance, administration, method of funding, and costs of a regional radio system to provide
communication services to public safety and public service agencies operating in San Diego County
and Imperial County.
The original term of the agreement was for 15 years from March 7, 1995 to March 6, 2010. On
May 5, 2009, the County Board of Supervisors approved an amendment to the RCS Participating
Agency Agreement to extend the agreement to March 31, 2013. On August 7, 2012, on the
recommendation of the RCS Board of Directors, the County Board of Supervisors approved another
three year extension to the RCS Participating Agency Agreement to March 31, 2016. All other
terms of the agreement remain unchanged.
This second three-year extension to the Agreement will provide participating agencies continued
service on the RCS while County staff and the RCS Board of Directors complete planning efforts for
the replacement of the system and to develop a new participating agency agreement. Please have the
attached agreement approved and executed by the proper authority and mail it to:
San Diego County Sheriff's Department
Attention: Tony Potter, Principal Administrative Analyst
Wireless Services Division
5555 Overland Avenue, Suite 5105
San Diego, CA 92123
Board of Directors
SANDIEGO COUNTY- IMPERIAL COUNTY
Chief Kevin Crawford, City of Carlsbad Fire Department (Chair)- Assistant Sheriff Mike McNally, San Diego Sheriff Dept (Vice Chair)
Chief Lou Scanlon, Coronado Police Dept. - Chief Bill F. Paskle, Alpine Fire Protection District
Holly Crawford, OES, County of San Diego - Chip Yarborough, Heartland Communications FA
Chief Don Butz, Viejas Fire - Ali Zolfaghari, CalTrans
Timothy Purvis, Poway Unified School District - Chief Chris Hall, IVECA
Chief James McGinley, IVECA - Jeff Green, IVECA
RCS Participating Agency Amendment
October 5, 2012
Page 2
I appreciate you taking the time to execute and mail back this agreement. If I can be of further
assistance, please let me know. I can be reached at (858) 694-3953 or by e-mail at
Susan. willy@sdsheriff. org.
Sincerely,
G=-
Susan Willy, Manager
Enclosure
NA
F
INCOR;Pc ATED
January 22, 2013
Mr. Tony Potter
San Diego County Sheriff's Dept.
Wireless Services Division
5555 Overland Avenue, Suite 5105
San Diego, CA 92123
Dear Mr. Potter,
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone / 619-336-4229 fax
On January 15th, 2013, Resolution No. 2013-06 was passed and adopted by the City
Council of the City of National City, authorizing execution of a Second Amendment to a
Memorandum of Agreement with the County of San Diego and other participating
agencies.
We are enclosing for your records a certified copy of the above Resolution and two
partially executed original Amendments. After signature pages have been compiled from
other participating agencies, please send a fully executed copy of the Amendment to us
for our files.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures