HomeMy WebLinkAbout2014 CON County of San Diego - Regional Communications System RCSNOTE TO FILE
10-15-15
IN THE MATTER OF: Resolution of the City Council of the City of National
City authorizing the Mayor to execute an Agreement between and among
the County of San Diego and participating Cities and Jurisdictions regarding
the next generation Regional Communications System providing
communication services to public safety and public service agencies
operating in San Diego County and Imperial County with an anticipated cost
of $1.75 million and on -going maintenance costs payable by March 31,
2016. Please note the following:
NO FULLY EXECUTED ORIGINAL AGREEMENT
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 _ Police
Finance Public Works
X Fire
Note: Per Frank Parra (Fire Dept.), Agreement is effective as long as the County of San Diego and City of
National City has signed the Agreement.
Agreement
Between and Among the County of San Diego
and
Participating Cities and Jurisdictions
Regarding the Next Generation Regional Communication System
Providing Communication Services to Public Safety and Public Service Agencies
Operating in San Diego County and Imperial County
("NextGen RCS Agreement")
1. THE 1995 RCS AGREEMENT; TRANSITION TO NEXT GENERATION RCS
1.1 The 1995 RCS Agreement. Effective March 7, 1995, the County of San Diego
("County") and certain local governments and agencies entered into an agreement entitled the
"San Diego County — Imperial County Regional Communications System Agreement Between
the County of San Diego and Participating Cities and Jurisdictions Regarding the
Implementation, Governance, Method of Funding and Costs of a Regional Radio System
Providing Communication Services to Public Safety and Public Service Agencies Operating in San
Diego County and Imperial County" (referred to as the "1995 RCS Agreement," a copy of which
is attached as Exhibit A. Additional local governments and agencies signed onto the 1995 RCS
Agreement, and all original and additional signatories (referred to as "1995 RCS Parties") are
listed in Exhibit B. The 1995 RCS Agreement provides for the operation of a regional
communication system by the County through its Sheriff's Department with the financial
contribution of the 1995 RCS Parties. Other agencies and entities ("Customers") are allowed to
use the RCS, upon recommendation by the RCS Board of Directors, through contracts with the
County wherein a Customer pays fees as approved by the Board of Directors, with the revenues
from such contracts flowing to the RCS Operating Account and RCS Trust Fund maintained by
the County.
1.2 1995 RCS Governance. The 1995 RCS Agreement establishes a governance
structure wherein the County, through the Sheriff's Department Wireless Services Division,
operates and maintains the RCS with other County departments providing additional
administrative support, and the County Board of Supervisors having ultimate fiscal and
operational control over the RCS. The 1995 RCS Agreement establishes an RCS Board of
Directors to make recommendations to the Board of Supervisors.
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1.3 1995 RCS Fiscal Components. There are three basic fiscal components to RCS
Party participation in the 1995 RCS Agreement and use of the RCS: (1) contribution to the
construction of the RCS "backbone", (2) monthly operating charges, and (3) each RCS Party's
own equipment and certain infrastructure costs. 1995 RCS Parties have paid or are paying their
contribution to the backbone construction through several fiscal vehicles, including financing
provided by the County and County Service Area (CSA) 135, formed pursuant to Government
Code section 25210 et. seq. Relevant actions pertaining to CSA 135 include, but may not be
limited to the following: In Fiscal Years 1995-1996 and 1996-1997, pursuant to Government
Code section 25210.77a (repealed 2009), the County levied parcel charges for CSA 135. On June
2, 1998, voters in three cities approved special taxes without sunset dates to replace the parcel
charges as follows: The City of Poway (CSA 135 Zone F) - Proposition J; The City of Del Mar (CSA
135 Zone B) -Proposition F; The City of Solana Beach (CSA 135 Zone H) - Proposition L.
1.4 1995 RCS Agreement Extensions. On May 5, 2009 (Minute Order No. 2) on
recommendation of the RCS Board of Directors, the County Board of Supervisors approved the
extension of the RCS Agreement to March 31, 2013. On August 7, 2012 (Minute Order No. 1),
again on recommendation of the RCS Board of Directors, the County Board of Supervisors
approved the extension of the 1995 RCS Agreement to March 31, 2016 in order to allow
sufficient time to transition to a new or "next generation" ("NextGen RCS") replacement
regional communication system and to develop a new participating agency agreement
governing the new system.
1.5 Next Generation Regional Communication System ("NextGen RCS"). The
transition from the existing RCS to the NextGen RCS is to be implemented and facilitated by this
NextGen RCS Agreement and will occur over the course of approximately five years as follows:
The County intends to issue the Request for Proposals for the NextGen RCS ("NextGen RFP")
near the middle of calendar year 2014, close NextGen RFP responses by end of calendar year
2014, and award the NextGen RCS Contract in mid-2015. It is further anticipated that while
performance on the NextGen RCS Contract will begin shortly thereafter, infrastructure and
equipment replacement of the RCS by the NextGen RCS will begin in early 2016. It is
anticipated that NextGen RCS installation will be completed in late 2018.
1.6 NextGen RCS Agreement Purpose. The purpose of this NextGen RCS Agreement
is to establish a degree of certainty among all Parties to the 1995 RCS Agreement and additional
parties as to participation and partnership in the NextGen RCS. Such degree of certainty is
necessary because the County, as the contracting and administering entity, must issue the
Request For Proposals ("NextGen RCS RFP") in 2014, and the scope of work, funding and
financing discussions require a framework for participation be in place. This NextGen RCS
Agreement also provides incentive for 1995 RCS Parties to execute this NextGen RCS
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Agreement and become NextGen RCS Parties, indicating their good faith intention to
participate, by establishing late joining penalties as set forth in section 3 of this NextGen RCS
Agreement.
1.7 Transition from 1995 RCS Agreement. The purposes of this NextGen RCS
Agreement include establishing participation in the sharing of NextGen RCS Shared Backbone
Infrastructure costs and NextGen RCS governance. Given that the transition from the RCS to the
NextGen RCS will occur in stages and over time, the NextGen RCS Parties agree that the 1995
RCS Agreement shall continue to be operative and govern the operation, maintenance,
governance and administration of the RCS system until such time as the 1995 RCS Agreement
expires in 2016, except as follows: This NextGen RCS Agreement will govern with respect to
matters pertaining to setting NextGen RCS performance objectives, NextGen RCS
implementation planning, and other matters that may relate to the NextGen RCS after
transition from the RCS is complete. Upon expiration of the 1995 RCS Agreement, this NextGen
RCS Agreement shall govern the RCS as it evolves to the NextGen RCS. Thus, from the execution
of this NextGen RCS Agreement to the expiration of the 1995 RCS Agreement, there will be, to
the extent required by the foregoing, dual governance structures, including dual boards of
directors, which may or may not have members in common.
1.8 NextGen RCS Agreement; Authority. On December 3, 2013 (Item No. 6), the
Board of Supervisors authorized the Clerk of the Board to execute this NextGen RCS Agreement
on behalf of the County. Each other NextGen RCS Party was authorized to enter into this
NextGen RCS Agreement as indicated on their individual signature page.
2. NEXTGEN RCS OVERVIEW
2.1 1995 RCS. The RCS replaced the participating public service and public safety
agencies' existing radio communication systems throughout San Diego and Imperial counties
with what was at the time a modern, trunked radio system.
2.2 NextGen RCS. The NextGen RCS will replace, modernize and update the RCS and
shall provide effective and reliable voice radio communications for routine intra- and inter-
agency operations as well as inter -agency communications throughout the region during
mutual aid and disaster operations. The NextGen RCS will include the following subsystems: a
new trunked voice system, new microwave backhaul network, and a conventional voice system.
2.2.1 Trunked Voice System Description. The Trunked Radio System consists of
the radio transmission equipment located at remote radio sites and the centralized system
networking and management equipment necessary to provide voice radio services to the
participating agencies in the RCS service area.
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2.2.2 Microwave Backhaul Network Description. The Microwave Backhaul
Network consists of the point-to-point radio and data switching equipment necessary to
interconnect the sites where components of the trunked radio system and conventional radio
systems (network hub and remote radio sites) are located.
2.2.3 Conventional Voice System Description. The Conventional Voice System
consists of non-trunked ("conventional") radio base station equipment installed at remote radio
sites to support voice radio communications between users of the RCS trunked radio system
and non -RCS user agencies as required in day-to-day, mutual aid and disaster operations. The
conventional voice system also provides limited backup voice communications capability in the
event of a trunked system failure.
2.3 "Public Safety" and "Public Service" Agencies Defined
2.3.1 Public Safety agencies include all public law enforcement, fire service, EMS
and disaster preparedness agencies in San Diego County and Imperial County.
2.3.2 Public Service agencies includes the State of California Department of
Transportation (Caltrans) District 11 and other participating public agencies in the counties of
San Diego and Imperial whose primary responsibility is providing citizens with services other
than law enforcement, fire service, EMS, and disaster preparedness. Public Service agencies
may also include Private -Non -Profit agencies operating under an agreement with a public
agency.
2.4 Mutual Aid Communications. All law enforcement, fire service, EMS, disaster
preparedness and participating public service agencies in San Diego County and Imperial County
shall have access to mutual aid communications capabilities.
3. NEXTGEN RCS PARTICIPATION PARAMETERS AND CONTINGENCIES
3.1 Time Is Of The Essence. Due to the aging of the RCS, time is of the essence in the
deployment of the NextGen RCS. Due to the anticipated construction time, the County intends
to issue the NextGen RFP near the middle of calendar year 2014, close NextGen RFP responses
by the end of 2014, and award the NextGen Contract in mid-2015. In order to provide a
measure of confidence that there will be a certain level of participation and sharing in the
NextGen RCS Shared Infrastructure Cost (See section 11.2), and to provide a minimal degree of
certainty to the County of San Diego before it undertakes the extensive task of preparing and
issuing a request for proposals or other form of solicitation to potential vendors of the NextGen
RCS, the County has asked, and the NextGen RCS Parties have agreed to the participation
parameters herein.
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3.2 Signing Deadline. 1995 RCS Parties and other local governments and agencies
that desire to be NextGen Parties must sign this NextGen RCS Agreement no later than March
31, 2014.
3.3 Late Signers: Penalties. 1995 RCS Parties or other local governments or agencies
who have not signed the NextGen RCS Agreement by March 31, 2014 will be allowed to later
sign onto the NextGen RCS Agreement and become NextGen RCS Parties during the period April
1, 2014 to July 31, 2014; however, such late -joining NextGen RCS Parties ("late signers") will pay
their NextGen RCS Shared Infrastructure Cost they would have paid had they executed this
NextGen RCS Agreement by March 31, 2014, plus a late penalty amounting to 15% of the
original participation share. Penalty fees will be handled according to Section 3.5.
3.3.1 1995 RCS Parties or other local governments or agencies who have not
signed the NextGen RCS Agreement by July 31, 2014, will be allowed to sign onto the NextGen
RCS Agreement and become NextGen RCS Parties until January 1, 2015; however, such late -
joining NextGen RCS Parties (also "late signers") will pay the NextGen RCS Shared Infrastructure
Cost they would have paid had they executed this NextGen RCS Agreement by March 31, 2014,
plus a late penalty amounting to 25% of the original participation share.
3.4 Final Cut Off. No 1995 RCS Parties or other local governments or agencies will be
allowed to sign onto the NextGen RCS Agreement and become NextGen RCS Parties after
January 1, 2015.
3.5 Disposition of Penalties Collected. Late penalties will be deposited to the
NextGen RCS Trust Fund.
3.6 Financing. For NextGen RCS Parties that choose not to pay their share of the
total NextGen RCS Shared Infrastructure Cost in total within sixty days of the issuance of the
revised Exhibit C and prior to contract award, which is anticipated to occur in the spring or
summer of 2015, a financing mechanism will be determined and made available by the County.
Nothing in this section prohibits any NextGen RCS Parties from pursuing and obtaining their
own financing. Payment and financing agreements will be separate and apart from this
NextGen RCS Agreement. Financing mechanisms will not be available to pay for late signing
penalties.
3.7 Contingencies. To facilitate the execution of this NextGen RCS Agreement, it is
understood that a NextGen RCS Party may choose to be excused from performing under this
NextGen RCS Agreement if any of the following contingencies are not met:
3.7.1 Vendor Contract — A contract must be awarded pursuant to the County's
NextGen RCS RFP or other solicitation.
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3.7.2 County Funding. Funds for the County to undertake the NextGen RCS
project must exist.
3.7.3 Actual Shared Infrastructure Costs. The total NextGen RCS Shared
Infrastructure Costs, as determined by the vendor contract, does not exceed the budgetary
estimate in Exhibit C by more than 10 percent (10%).
4. SCOPE OF AGREEMENT; CERTAIN REQUIREMENTS
4.1 NextGen RCS Parties. The purpose of the NextGen RCS and NextGen RCS
Agreement is to provide a next generation communications system that provides optimum
service to the NextGen RCS Parties. To that end, the NextGen RCS will be designed to provide
optimum required service. Additionally, the NextGen RCS Parties, while executing this NextGen
RCS Agreement, do not intend to cede any of their constitutional or statutory autonomy.
4.2 Frequency Licensing Or Transfer. NextGen RCS Parties shall co -license or
transfer their currently allocated 800 MHz frequencies to the County of San Diego for use in the
NextGen RCS.
5. NEW NEXTGEN PARTIES
5.1 "New Parties" are defined as public safety and public service agencies that are
not "1995 RCS Parties". New Parties will be allowed to participate in this agreement and
become a NextGen RCS Party.
5.2 If participation by a New Party requires enhancement or expansion of coverage
beyond what is provided by the existing RCS on the effective date of this NextGen RCS
Agreement, the New Party shall pay the costs associated with such enhancement or expansion,
separate and apart from the financial responsibilities addressed in this NextGen RCS
Agreement.
5.3 For informational purposes only that may be of benefit to the 1995 Parties, the
County has identified potential New Parties and they are listed in Exhibit D.
6. NEXTGEN RCS PERFORMANCE REQUIREMENTS
6.1 Reliability. The NextGen RCS shall be designed to provide a high level of
redundancy and reliability to support mission critical public safety communications. The overall
system availability design objective shall be 99.999%. (Note: 99.999% system availability is the
public safety "best practice" design objective; it is not a formally adopted standard.)
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6.2 Design Objectives. The NextGen RCS design objectives for the performance of
portable and mobile voice and the quality of coverage provided shall be determined by the
NextGen RCS Board of Directors and appropriate County of San Diego staff.
6.3 Loading Requirements. The NextGen RCS shall be designed to meet the loading
requirements of the anticipated busiest hour for all planned users over the life of the system.
6.4 Coverage Plan. The goal of the NextGen RCS is to provide the same general
coverage footprint as is provided by the existing RCS and to correct existing deficiencies where
practicable. The actual NextGen RCS radio service coverage plan shall be determined by a
NextGen RCS Project Management Office to be created by the Sheriff's Department and with
the consultation of the NextGen RCS Board of Directors.
7. NEXTGEN RCS ACCESS PRIORITIES
7.1 User Prioritization. In the event that all radio channels in the RCS are busy, users
wanting to speak shall be prioritized as follows, regardless of how long they have been waiting:
7.1.1 Priority One - Emergency Identification. An Emergency Identification is
defined as the message received when a public safety member calls for immediate assistance
by activating an emergency button or switch on the user radio equipment.
7.1.2 Priority Two - Public Safety
7.1.2.1- Public Safety includes the normal daily radio transmissions of
law enforcement, fire service, paramedic providers and disaster preparedness personnel using
the RCS.
7.1.2.2 - Public Safety also includes RCS users whose normal lower
priorities have been temporarily changed to resolve an unusual occurrence or large scale
disaster.
7.1.3 Priority Three - Non -Public Safety, Special Event. Non -Public Safety,
Special Event includes planned events involving public service agency participants that are
beyond the scope of their normal daily operations.
7.1.4 Priority Four - Non -Public Safety. Regular. Non -Public Safety, Regular
includes the normal daily radio transmissions of public service agencies using the system.
8. NEXTGEN RCS GOVERNANCE; CONTINUED RCS GOVERNANCE
8.1. Limited Period Of Concurrent Governance. It is the intent of the NextGen RCS
Parties that there shall be concurrent operation of, and governance by, this NextGen RCS
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Agreement and the 1995 RCS Agreement during the construction of the NextGen RCS, as set
forth in Section 1.7 above.
8.2 General NextGen RCS Governance Structure. The County of San Diego Sheriff's
Department will operate and maintain the NextGen RCS. Other departments of the County of
San Diego will provide support as necessary. As the governing body for the County, the Board of
Supervisors shall have ultimate fiscal and operational control over the NextGen RCS and shall be
ultimately responsible for the overall administration and direction of the RCS through
interaction with the NextGen RCS Board of Directors, the assigned San Diego County staff and
the NextGen RCS Parties.
9. NEXTGEN RCS BOARD OF DIRECTORS
9.1 Representation. There shall be a NextGen RCS Board of Directors, subject to the
Ralph M. Brown Act (California's Open Meeting Law), that shall be the advisory body to the
Board of Supervisors with respect to matters concerning the NextGen RCS, and shall make
recommendations to the Board of Supervisors that serve the interest of all NextGen RCS
Parties.
Except as noted below, the Board of Directors shall be composed of 10 (ten) directors
representing public safety and public service agencies as outlined below:
County of San Diego (ONE)
City Manager (ONE)
San Diego County Sheriff's Department (ONE)
San Diego County Municipal Police Department (ONE)
San Diego County Fire Agencies (TWO)
Imperial Valley Emergency Communications Authority (TWO)
State of California Department of Transportation (ONE)
Schools Group (ONE)(Schools Group membership on the Board requires that at least
four school districts are NextGen RCS Parties)
9.2 Members. Members of the NextGen RCS Board of Directors shall be determined
in the following manner, according to the type of agency.
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9.2.1 County of San Diego. The representative for the County of San Diego
shall be the Deputy Chief Administrative Officer for Public Safety or his/her designee, preferably
the Director of the Office of Emergency Services.
9.2.2 City Manager. The City Manager representative shall be a City Manager
of a NextGen RCS agency selected by the San Diego City/County Managers Association.
9.2.3 Sheriffs Department. The delegate from the San Diego Sheriff's
Department shall be the Sheriff or the Sheriff's designee.
9.2.4 Police. The municipal police representative shall be a police chief or
designate from a NextGen Party municipal police department who shall be selected by the San
Diego County Police Chiefs' and Sheriff's Association.
9.2.5 Fire. The two fire service representatives shall be fire chiefs or designees
from NextGen RCS Party fire departments or fire services who shall be selected by the San
Diego County Fire Chiefs' Association.
9.2.6 Imperial Valley Emergency Communications Authority ("IVECA"). IVECA
shall designate two members of its Board of Directors to serve on the NextGen RCS Board of
Directors.
9.2.7 Caltrans. The representative for Caltrans shall be selected by appropriate
state authority.
9.2.8 Schools Group. The representative from the RCS Schools Group shall be
selected by mutual agreement (or majority vote) of the superintendents of the member school
districts.
9.3 Responsibilities of the NextGen RCS Board of Directors. Responsibilities shall
include but not be limited to:
• Adopting by-laws to govern the NextGen RCS Board of Director's internal
operations, consistent with the provisions of this Agreement.
• Meeting quarterly or more frequently, if necessary.
• Developing and approving NextGen RCS operating policies and procedures.
• Identifying participating agency needs and requirements.
• Addressing concerns of participating agencies.
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• Reviewing and adopting recommendations regarding the establishment of
system priorities and talk groups.
• Establishing subcommittees as necessary to ensure the interests and
concerns of NextGen RCS Parties are represented and to ensure technical
issues are thoroughly researched.
• Formulating the annual budget and submitting it to the County Board of
Supervisors, via the Sheriff's Department, for approval.
• Monitoring the implementation of the NextGen RCS.
• Conducting programmatic reviews.
• Overseeing the establishment of long range plans.
• Making recommendations to the County Board of Supervisors.
• Making recommendations concerning the approval of customer contracts
and rates for NextGen RCS services.
9.3.1 Board Transition. As set forth in Section 1.6 and 1.7, upon expiration of
the 1995 RCS Agreement, the NextGen RCS Board of Directors shall have all the responsibilities
set forth in this section also with respect to the RCS as it transitions to the NextGen RCS.
9.4 NextGen RCS Board of Directors Terms and Qualifications
9.4.1 Written Designation. Members of the NextGen RCS Board of Directors
("NextGen RCS Directors") shall be designated in a writing submitted to the Sheriff's
Department by their respective NextGen RCS Party appointing authority. The term for each
NextGen RCS Director shall be determined by her or his respective appointing authority
provided, however, that each NextGen RCS Director shall at all times be an incumbent of a
NextGen RCS Party. All NextGen RCS Directors serve at the pleasure of their appointing
authority.
9.4.2 Alternates. The NextGen RCS Party appointing authority shall also select
an alternate to the NextGen RCS Directors. Alternate members are encouraged to attend
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regular Board of Directors meetings, but shall vote only in the absence of the primary NextGen
RCS Director. No proxy voting is allowed.
9.4.3 Chairperson and Vice -Chairperson. The Chairperson and a Vice
Chairperson of the NextGen RCS Board of Directors shall be biennially elected by a majority
vote of the NextGen RCS Directors. The Chairperson and Vice Chairperson shall serve at the
discretion of a majority of the NextGen RCS Directors, i.e., they may be replaced at any time by
a majority vote of the NextGen RCS Directors. The Chairperson and Vice -Chairperson shall be
selected from members representing NextGen RCS Parties other than IVECA, Caltrans and the
Schools Group. For a NextGen RCS Board of Directors meeting to occur, either the Chairperson
or Vice -Chairperson, and not their alternates, must be present.
9.5 Attendance at NextGen RCS Board of Directors meetings
9.5.1 NextGen RCS Directors are expected to attend all possible meetings to
represent their group interests and to help conduct NextGen RCS business. Arrangements
should be made for the alternate to attend in the absence of the primary representative.
9.5.2 The NextGen Board of Directors shall develop and promulgate a policy
relating to attendance and absences by Directors and alternates.
9.5.3 Resignation from the NextGen RCS Board of Directors shall be submitted in
writing to the chairperson and to the appointing authority.
9.6 NextGen RCS Board of Directors Voting
9.6.1 Members of the NextGen RCS Board of Directors and committees formed
by NextGen RCS Board of Directors ("committees") shall vote on all items on the basis of one
vote per member.
9.6.2 A quorum for the conduct of business exists when six (6) of the members
are present at NextGen RCS Board of Directors meetings and three (3) of the six present
represent NextGen RCS Parties other than IVECA, Caltrans or the Schools Group.
9.6.3 For any action to be taken by the Board of Directors, the vote in favor of
the action must be a majority vote of the members of the Board of Directors present.
10. SHERIFF'S DEPARTMENT; WIRELESS SERVICES DIVISION
10.1 Sheriffs Wireless Services Division ("WSD") staff shall serve as advisors and staff
to the NextGen RCS Board of Directors. The Manager of the WSD shall serve as the NextGen
RCS Manager.
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10.2 WSD staff shall manage the day-to-day operation and maintenance of the
NextGen RCS subject to direction from and review by the NextGen RCS Board of Directors.
10.3 WSD staff shall provide support as necessary, but shall not have a voting right on
any business before the NextGen RCS Board of Directors.
10.4 WSD staff shall perform the functions necessary to ensure that specific system
performance guarantees are maintained throughout the term of the agreement.
10.5 WSD Manager. As the manager and operator of the NextGen RCS, the Sheriff's
Department, and more specifically the WSD manager and staff, shall have the responsibility to:
10.5.1 Implement the NextGen RCS.
10.5.2 Seek NextGen RCS Board of Directors approval of major policy decisions.
10.5.3 Develop contracts with vendors.
10.5.4 Provide appropriate staff support to the NextGen RCS Board of Directors.
10.5.5 Retain employees and agents.
10.5.6 As authorized and limited by the County, acquire, hold or dispose of
property necessary to operate the NextGen RCS.
10.5.7 Charge participating agencies for expenses incurred in ongoing
maintenance and operation of the NextGen RCS.
10.5.8 Implement policy a set by the County, the Sheriff and the NextGen RCS
Board of Directors.
10.5.9 Monitor and maintain NextGen RCS performance.
10.5.10 In conjunction with the NextGen RCS Board of Directors, develop and
recommend the annual NextGen RCS budget to the County Board of Supervisors.
10.5.11 Reassign NextGen RCS priorities in extraordinary circumstances and
make emergency repairs as required.
10.5.12 Provide information and support as necessary to the NextGen RCS Board
of Directors.
10.5.13 Provide operating reports and technical information as necessary to
assist the NextGen RCS Board of Directors.
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10.5.14 Establish and maintain accounts and records, including personnel,
property, financial, programmatic and other records deemed necessary by the NextGen RCS
Board of Directors to ensure proper accounting for all ongoing operations and maintenance
costs.
10.5.15 Use the records to justify any recommended adjustments to agency
monthly operating charges.
10.6 Notice of WSD Staff Changes. The Sheriff's Department shall provide the
NextGen RCS Board of Directors timely advance notice of impending personnel changes
affecting any management staff assigned NextGen RCS responsibilities.
11. INFRASTRUCTURE, EQUIPMENT, SERVICES AND FISCAL ELEMENTS
11.1 Infrastructure. The NextGen RCS shall be divided into two infrastructure
components: (a) the "shared backbone infrastructure" and (b) the participating agencies'
infrastructure and equipment. These two parts are divided by a "line of demarcation" at the
NextGen RCS network connection, which is the microwave network or common carrier
termination point(s) used to interconnect the agency's radio consoles and other electronic
communications devices to the RCS network.
11.2 NextGen RCS Shared Backbone Infrastructure Costs. The NextGen RCS Shared
Backbone Infrastructure Cost is defined as the total cost of the equipment and services
required to plan, design, procure and implement a P25 Trunked Voice Land Mobile Radio
System, Microwave Transport Network, and Mutual Aid Conventional Radio System. NextGen
RCS Shared Backbone Infrastructure costs shall not include agency equipment or services used
to connect to the NextGen RCS (such as agency owned microwave transport or leased
commercial connectivity), dispatch center equipment, and subscriber radios (mobile, portable,
control stations) and ancillary devices.
11.3 NextGen RCS Shared Backbone Infrastructure Cost Apportionment — Imperial
County Agencies. The NextGen RCS shall support NextGen Parties in both San Diego County
and Imperial County. In 1995, local government entities in Imperial County formed the
Imperial Valley Emergency Communications Authority (IVECA). IVECA was formed as a Joint
Powers Authority to provide public safety communications services to the residents of the
County of Imperial and its constituent cities. NextGen RCS Backbone Infrastructure costs for
Imperial County sites, except as noted in 11.3.2, shall be the responsibility of IVECA.
11.3.1 IVECA shall bear the full cost of and retain ownership of all infrastructure
installed in Imperial County which primarily supports IVECA agencies. IVECA shall also bear the
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cost for any software and licenses required to operate the IVECA infrastructure on the NextGen
RCS.
11.3.2 Costs for infrastructure installed at the two NextGen RCS sites that
border the two counties, Hendrix Peak and Superstition Mountain, will be apportioned
between San Diego County infrastructure costs and IVECA infrastructure costs based on talk
group usage ratio calculated for calendar year 2013.
11.3.3 IVECA shall be responsible for paying a proportional cost of the "RCS
Core" infrastructure equipment. The "RCS Core" is comprised of the computers networking
devices that manage and control the NextGen RCS. The proportion shall be based on the same
formula used to determine proportional costs for all SD County participating agencies (the
average number of subscriber radios each participating agency had active on the RCS on
September 1, 2013 and July 1, 2014 based on RCS billing invoices. The average number of
radios on the system on those dates will be measured against the total number of all
participating agency subscriber radios.)
11.3.4 The Request for Proposals issued by the County shall require responding
vendors to include a proposal for separate vendor financing for IVECA.
11.3.5 IVECA may be excused from performance under this NextGen RCS
Agreement if IVECA is unable to obtain financing on terms acceptable to IVECA.
11.4 San Diego County Agencies; Cost apportionment. NextGen RCS Shared
Backbone Infrastructure costs for San Diego County governments and agencies that are
NextGen RCS Parties but that are not members of the Imperial Valley Emergency
Communications Authority are as follows:
11.4.1 The NextGen RCS Parties agree that they must pay a proportional cost of
the NextGen RCS Shared Backbone Infrastructure costs.
11.4.2 NextGen RCS Parties further agree that they shall be responsible for
paying their one-time NextGen RCS Shared Backbone Infrastructure Cost as determined by the
apportionment model in Exhibit C, including any penalties for late signing, and any financing
cost.
11.4.3 Total cost for the NextGen RCS Shared Backbone Infrastructure
supporting San Diego County will be divided among all San Diego County NextGen RCS Parties.
The portion of the total cost allocated to each NextGen RCS Party will be based on the number
of radios each NextGen RCS Party has on the RCS, i.e., the "Radio Inventory Method" ("RIM").
In order to provide NextGen RCS Parties a pre -RIM calculation opportunity to make bona fide
NextGen RCS Agreement
Page 14 of 19 December 3, 2013
adjustments to their radio inventories based on their respective individual agency
requirements, the RIM calculation will be done as follows:
• Each NextGen RCS Party's radio inventory for purposes of the RIM calculation will be an
average of the number of subscriber radios each NextGen RCS Party had on the
RCS on September 1, 2013 and July 1, 2014. The average number of radios over
those two dates will be measured against the total number of all participating
agency subscriber radios.
• If two or more agencies consolidate, the active radio quantities will be combined
from each agency for the two dates listed above.
• For New Parties that did not have radios on the RCS prior to or on September 1,
2013, their radio inventory for purposes of the RIM calculation will be
determined by a review of the New Party's requirements for radio
communications services on the NextGen RCS in the future. The review shall be
conducted by County staff and presented to the RCS Board of Directors for
approval.
11.4.4 Subscriber Radio Inventory Reductions. Radios deactivated from the
RCS between May 1, 2013, and July 1, 2014, will be permanently deprogrammed from the RCS
and will not allowed to be reactivated for use on the RCS or NextGen RCS except as direct one-
to-one replacements for radios that are lost or become nonfunctional.
11.5 Final Cost Apportionment Totals. After all NextGen Parties have signed the
agreement and after the final contract amount for the NextGen system has been determined,
the County will issue an amendment to this agreement to update Exhibit C. (See section 14.3.)
The amended Exhibit C will provide the final cost apportioned to each NextGen Party for shared
infrastructure costs based on the final contract cost and total number of radios (to calculate the
cost per radio). Exhibit C will include the September 1, 2013 and July 1, 2014 radio inventory
totals for each agency and the final average.
11.6 Connection Costs; Maintenance. All NextGen RCS Parties, including both San
Diego County and IVECA agencies, are responsible for all costs associated with procuring and
installing the equipment necessary to connect to the NextGen RCS network and infrastructure
and ongoing costs of connecting to the NextGen RCS. This shall not include maintenance of
agency -owned microwave equipment used to connect to the NextGen RCS network which will
be performed by the Sheriffs Department as a component of the NextGen RCS microwave
network (supported by the NextGen RCS monthly operating fees).
NextGen RCS Agreement
Page 15 of 19 December 3, 2013
11.6.1 Maintenance and other costs associated with the provision of primary
and back up electrical power and other facility related costs in support of agency owned
equipment shall be the responsibility of the agency.
11.7 Agency Subscriber and Dispatch Equipment. Subscriber and dispatch equipment
are not part of the backbone infrastructure. The costs of purchasing, operating, and
maintaining P25 compatible radio equipment, P25-compatible dispatch equipment, and any
ancillary agency equipment is the sole responsibility of NextGen Parties.
11.8 Monthly Operating Fees
11.8.1 The costs of ongoing operations and maintenance of the trunked voice
radio system, microwave network, and conventional radio systems shall be allocated to the
participating agencies on a per radio basis.
11.8.2 The cost per radio shall be limited to those radios used on the NextGen
RCS during normal operations.
11.8.3 Radios temporarily added by an agency to handle a disaster or emergency
shall not be a part of determining the agency's ongoing NextGen RCS costs unless the radios are
retained for normal operations following resolution of the disaster or emergency.
11.8.4 The monthly per -radio network operating fee shall be in effect for a
period of one year and shall be adjusted annually to reflect actual costs.
11.9 Other Fees. User fees for as -needed services such as programing and de -
programing radios, training, or other services may be implemented by the NextGen RCS Board
of Directors as required.
11.10 NextGen RCS Reserve "Trust Fund"
11.11.1 The RCS TRUST FUND was established by the Board of Supervisors on
June 19, 2001 (14) for the purpose of having funds available for contingencies and future RCS
upgrades, enhancements and eventual replacement.
11.12.2 Reserve funds, including interest, shall be maintained in the RCS Trust
Fund.
11.13.3 All excess monthly operating fee revenue shall be transferred to the RCS
Trust Fund at the close of each fiscal year.
NextGen RCS Agreement
Page 16 of 19 December 3, 2013
11.14.4 Other revenue from non-parties shall either be used for NextGen RCS
operations or may be directed to the RCS Trust Fund upon recommendation of the NextGen
RCS Board of Directors and approval of the Board of Supervisors.
11.15.5 The NextGen RCS Board of Directors shall recommend to the Board of
Supervisors the disbursement of money from the RCS Trust Fund as required.
12. PURCHASE OF NEXTGEN COMPATIBLE EQUIPMENT BY NEXTGEN PARTIES
12.1 Compatibility of Equipment Purchased By NextGen RCS Parties. It is the
responsibility of each NextGen RCS Party to ensure that when purchasing equipment to connect
to the NextGen RCS that such equipment is compatible. The NextGen RCS will be a "standards
based" P25 system which is compatible with subscriber radios and dispatch consoles from
numerous manufacturers provided the equipment has been tested and certified as being P25
compliant. NextGen RCS Parties may submit the specifications of equipment they intend to
purchase to the WSD for back up verification of compatibility. However, the County bears no
responsibility for the purchase of incompatible equipment.
12.2 Contract "Piggybacking". The County agrees that it will endeavor to include a
"piggyback clause" in contracts into which it enters that involve NextGen RCS equipment. For
purposes of this NextGen RCS Agreement, a "piggyback clause" means written permission for
other government agencies to enter into contracts with the vendor on equally favorable or
better terms and conditions.
13. TERM OF AGREEMENT
13.1 The term of the Agreement is for twenty (20) years from the date of this
Agreement.
14. AGREEMENT MODIFICATION; ENTIRE AGREEMENT
14.1. Except as otherwise provided herein, all changes to the NextGen RCS Agreement
may only be amended in writing with the approval of the governing bodies of all parties to this
NextGen RCS Agreement. Prior to processing an amendment, a recommendation shall be
requested from the NextGen RCS Board of Directors.
14.2. Except as otherwise provided herein, this NextGen RCS Agreement constitutes the
entire agreement of the parties and any previous oral or written agreements are superseded by
this NextGen RCS Agreement except as provided for in this NextGen RCS Agreement, except to
the extent that (1) State or Federal agencies may require standard form contracts incorporating
the terms of this NextGen RCS Agreement, (2) supplemental agreements may be required
NextGen RCS Agreement
Page 17 of 19 December 3, 2013
relating to IVECA, and (3) separate agreements may be required related to financing and
frequency licensing or transfer.
14.3 Exhibit C Revisions. Notwithstanding any other provision of this NextGen RCS
Agreement, including but not limited to section 14.1, the NextGen Parties agree that, when
final system costs are known, the County is authorized by the NextGen RCS Parties to amend
Exhibit C of this NextGen RCS Agreement to reflect the final system costs in accordance with
the cost apportionment method described in section 11. The NextGen Parties agree that the
final Exhibit C as amended by the County and in accordance with the apportionment method
described in section 11 (see, in particular, section 11.5) shall be the legally -binding Exhibit C to
this NextGen RCS Agreement without further approval by the NextGen RCS Parties. The County
shall distribute the amended final Exhibit C to the NextGen RCS Parties.
15. TERMINATION BY A NEXTGEN RCS PARTY OF ITS PARTICIPATION
15.1 Notice. In order to terminate participation prior to the end of the TWENTY year
term, the withdrawing agency must provide to the NextGen RCS Board of Directors and the
Sheriff's Department no less than a one year written notice of intent to terminate participation.
In the event there are extensions to the NextGen RCS Agreement, written notice of termination
must be given no less than 120 days prior to the end of the extension.
15.2 Conditions of Termination. A NextGen RCS Party may terminate pursuant to
Section 15.1 on the following conditions:
15.2.1 The terminating NextGen RCS Party must return to the Sheriff's
Department all County -purchased equipment unless the Sheriff's Department determines
otherwise.
15.2.2 The terminating NextGen RCS Party is responsible for any and all NextGen
RCS debts attributable to that NextGen RCS Party, regardless of extra -contractual consequences
of termination, including but not limited to breach by the terminating NextGen Party of its own
financing obligations or CSA 135 obligations.
15.2.3 If a terminating NextGen RCS Partybrought frequencies to the NextGen
RCS, the terminating NextGen Party and the NextGen RCS Board of Directors shall negotiate in
good faith a settlement that either returns the same or equivalent operable frequencies to the
terminating NextGen Party, or provides equitable compensation if frequencies are left with the
NextGen RCS.
NextGen RCS Agreement
Page 18 of 19 December 3, 2013
16. GOVERNING LAW
This NextGen RCS Agreement shall be governed, interpreted, construed and enforced in
accordance with the laws of the State of California.
17. DISPUTE RESOLUTION
NextGen RCS Parties shall meet, confer and attempt in good faith to resolve any disputes
involving performance under this NextGen RCS Agreement. Disputes that are not resolved by the
NextGen RCS Parties shall, upon written request by any one of the NextGen RCS Parties involved in the
dispute, be submitted to non -binding mediation by a mediator agreed upon by the NextGen RCS Parties
involved in the dispute. If the NextGen RCS Parties involved in the dispute cannot agree on a mediator,
they shall ask the American Arbitration Association to appoint a mediator. Each party shall bear its own
costs of participating in the mediation.
18. SIGNATURE PAGES
Each signature page shall include a description and reference to the source of authority
for the person who is signing to execute contracts on behalf of their NextGen RCS Party. This
NextGen RCS Agreement may be executed in several counterparts, each of which shall be
deemed an original and all of which shall constitute but one and the same agreement.
NextGen RCS Agreement Page 19 of 19 December 3, 2013
Signature Page to NextGen RCS Agreement
Name of Party: County of San Diego
Party Authorization and Acceptance
On December 3, 2013 (Date), Item or Agenda No. 6,
the San Diecio County Board of Supervisors
(Name of Governing Body)
Authorized the Undersigned
to Accept, Agree to and Execute This NextGen RCS Agreement on behalf of the
County of San Diego
(Name of Party)
As reflected in the attached Minute Order or similar documentation of the action taken.
Typed Name and Title of Authorized Party Official:
Thomas J. Pastuszka
Clerk of the Board of Supervisors
Signature of Authorized Party Official:
<WAIL, i 'Pin --
Date of Signature:
11.1. ►3
Approv-d a to4orm and legality
Cou
B
Senior Deputy
Approved and/or authorized by the
80ald c( Supervi rs fstah�e County of San Diego.
Mooting dater q J Minute Order No. b_
By I iiY/.. Date.14 p
.w, rl f 1ha Gt., Supervisors - .
Signature Page to NextGen RCS Agreement
Name of Party:
City of National City
Party Authorization and Acceptance
On 0 2 / 1 8 / 1 4 (Date), Item or AWWW Resolution No. 2014-20
the National City City Council
(Name of Governing Body)
Authorized the Undersigned
to Accept, Agree to and Execute This NextGen RCS Agreement on behalf of the
City of National City
(Name of Party)
As reflected in the attached Minute Order or similar documentation of the action taken.
Typed Name and Title of Authorized Party Official:
Mayor R Morrison
Sign ture of A thorized Party Official:
February 18, 2014
Date of Signature:
List of Exhibits
Exhibit A
San Diego County -Imperial County Regional Communications System Agreement of March 7,
1995
Exhibit S
1995 RCS Parties
Exhibit C
Estimated RCS NextGen System Cost. (Includes Exhibit C-1, C-2, and C-3)
Exhibit C-1
Cost Apportionment for San Diego County Shared Infrastructure Per Party
Exhibit C-2
Cost Apportionment for RCS NextGen Core (Portion of the Shared Infrastructure Cost)
Exhibit C-3
Cost Apportionment for the Combined Infrastructure and RCS NextGen Core
Exhibit D
Potential New RCS NextGen Parties
NextGen RCS Agreement December 3, 2013
Exhibit A
"San Diego County -Imperial County Regional Communications System
Agreement of March 7, 1995"
NextGen RCS Agreement December 3, 2013
Exhibit A
San Diego County - Imperial County
Regional Communications System
Agreement
Between the County of San Diego and Participating Cities and
Jurisdictions Regarding the Implementation, Governance, Method
of Funding and Costs of a Regional Radio System Providing
Communication Services to Public Safety and Public Service
Agencies Operating in San Diego County and Imperial County.
March 7, 1995
San Diego County - Imperial County
REGIONAL COMMUNICATIONS SYSTEM AGREEMENT
Table of Contents
Su, Mar County -Impariallawity
Nit•
Rsaiondamatunieationeftstani
SECTION SUMMARY
PAGE
1. Purpose and intent of Agreement 1
2. Regional Communications System (RCS) Overview 1
3. Agreement Contingencies
4. RCS Participants
2
2
5. Additional Participants 2
4. Performance Requirements
3
7. RCS Access Priorities 3
8. RCS Governance
3
9. Roles and Responsibilities
4
10. RCS Member Board 4
11. RCS Board of Directors 5
12. Representation on the RCS Board of Directors
7
n. RCS Board of Directors Terms and Qualifications
14. Attendance and Participation by the Public 9
15. RCS Voting Requirements 9
18. Department of information Services Support Staff Role
9
17. Agency Costs and CSA Benefit Charges 10
18. Point of Demarcation - Responsibility of Equipment 13
19. Purchase of RCS Compatible Equipment 13
20. Term of Agreement; Entire Agreement
21. Agreement Modification
13
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
1. 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 service agencies
operating in the counties- of San Diego and Imperial.
1.2. Nothing in this Agreement is intended to 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 modern, 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:
Participating Agency Agreement
5.,Dlyo Cowrie-rrpMW Corrq
r aperiCaeiewdauarsywm
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. All law enforcement, fire service, disaster preparedness and participating
public service agencies in San Diego County and Imperial County shall
have access to mutual aid communications capabilities.
2.8. Communications with agencies that have installed their own 800 MHz radio
systems shall be facilitated via interfaces to the RCS.
3. Agreement Contingencies
This agreement is void unless financing for the radio system 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 if a
CSA or other funding 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. Alt participants shalt 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 OW* aunty • Impede County
Gan.nariatbn.*sum
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
Participating Agency Agreement
San Map County • imperial County
Rmion.i Conununtoa aena ay.wn
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 "D" 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
Etan Diego Comer. Catottr
Participating Agency Agreement
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 Sheriffs designate.
11.2.1.2. The representative for the County of San Diego 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 Sheriffs 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 to 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 Sheriffs Office
shall be the Sheriff or a designate.
March 7, 1995
Page 5
Participating Agency Agreement
3.eulect cou y-d"Pwial courzy
R.alstil Cs.murt.sf e.. **tam
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 who 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
by appropriate 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
San Pap County -im4..lrCounty
Participating Agency Agreement
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 Director's
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
Participating Agency Agreement
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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. The appointing 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 or 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
5aoayo C •4apartalComity
Ragbag Commuskatlar syrs«n
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 as members 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.
18. 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.
18.5. 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
emoD4sago etawar
gybed tonm unkartbns System
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.
18.5.3. 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.
18.5.12. 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.
18.6. 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 "9". MDS participation
costs are separate from voice radio system costs.
March 7, 1996
Page 10
Participating Agency Agreement
9..otop Carty -Imperial County
R.gfaNConntuaka an sr tsm
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
subsequent to the original implementation
shall be the joining agency's responsibility.
17.1.2.2. An agency joining the RCS shaft 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.
(MCAh/PJ F'• if Santee decides to join the RCS after live years of
the 15 year agreement have passed, their costs will include:
(1) their estimated one -tune 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 live 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
Participating Agency Agreement
San aly. County • YnpritlCounty
R.peod Cermunlationr Syataa
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 "Bn)
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
Sash County - County
Rya W raanraatke.0y.ern
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
9nndap Camay -bnp. &Lams,
Ryland CommuracAtera 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 the jurisdiction 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
Participating Agency Agreement
IN WITNESS WHEREOF, the parties hereto do affix their signatures.
COUNTY OF SAN DIEGO
Board of Supervisors Approval F
Date: MAR 7 1995 By
PIhaliwom
CRY OF CARLSBAD
Council Approval
Date: MARCH 22, 1995
CITY OF DEL MAR
Council 6pproval
Date: 3—ejs
CITY OF ENCINITAS
Council Approval
Date: MARCH 72 _ 1995
CITY OF IMPERIAL BEACH
Council Approval
Date• By
CITY OFLEMON GROVE
Council Approval
Date: By
CITY OF POWAY
Council Approval
Date: ti - r g 95
CITY OF SAN MARCOS
Council
Date: ,,p7val
1IS-
CITY OF SOLANA BEACH
Council jekpprova,1
Date: `l"' ' 17 —"t-
By l/fig v/�►-
ayor
san Otyo Canty • pnpaeW Camtet
itagkindCanummicsilon• Orson
4, a
Mayor
By \ -,-
Mayor
VIM
Mayor
Mayor
By
Mayor
March 7, 1995
Poem 14
9anolsge County- imprint Gutty
elk
Ragieral ca.wn. Syrian
Exhibit "A"
Participating Agency Agreement
PARTIES TO THE MARCH 7, 1995 AGREEMENT
1. Alpine Fire Protection District
2. Bonita-Sunnyside Fire Protection District
3. Borrego Springs Fire Protection District
4. City of Carlsbad
5. City of Del Mar
6. City of Encinitas
7. City of Imperial Beach
8. City of Lemon Grove
9. City of Poway
10. City of San Marcos
11. City of Solana Beach
12. City of Vista
13. California Department of Transportation, District 11
14. County of Imperial (all county and city public safety agencies, all territories)
15. County of San Diego (county public safety and service agencies)
16. Deer Springs Fire Protection District
17. East County Fire Protection District
18. Heartland Communications Dispatch Facility JPA
19. Julian - Cuyamaca Fire Protection District
20. Lakeside Fire Protection District
21. Lower Sweetwater Fire Protection District
22. North County Dispatch JPA
23. Pine Valley Fire Protection District
24. Rancho Santa Fe Fire Protection District
23. Rural Fire Protection District
26. San Miguel Consolidated Fire Protection District
27. Valley Center Fire Protection District
March 7, 1995
Exhibit "B"
Participating Agency Agreement
ESTIMATED AGENCY ONE - TIME COSTS
Combined Voice and Data Backbone
s.nolep County -IaplletCauugi
Repave Gann ualcaneo.Syria,,
AaMktlon
ihmeW Ateate►at Par CAW OaOine Velar
►teaee dm.• item t Ir___/ firiY
t/ ilaaro CI raid Iir./an limn an Aswan Cam Iiwir Gin
Pawl" Mite awlaarthree aseaWUna%" now" Us** altar- Yoko -
Unincorporated
Carlsbad
Dot altar
Encinitas
Impeded Bawl
Lemon Mors
Pow,#
Sat Mersa,
Solana Mack
178,479 1,121,170 31.28%
34,851 203,725 167%
4,880 19,533 0.54%
19,786 158,735 a 4,42%
4.998 83,198 1.76%
8.940 65,225 1.81%
14,445 111,924 3.11%
12078 118,743 130%
12,900 47,666 1,3314
Villa 19,630 203,328 566%
G' taa7;1104row�� 1:i41i`n3»'tSdS£S.A'ir ul7ftaema meals
Chula V1sta
Coronado
El Colon
La Yoe
National City
Oceanside.
Santee
35,652
10.458
17.018
19,051
8.823
48,810
14,596
360,726
62,368
240,280
168,620
113,982
4013,690
125,247
10.04%
124%
6,66%
4.69%
117%
11.32%
3.48%
9 ,498,528
452,790
43,413
352,797
140,481
144,968
243,757
263,913
105,939
451.907
901,733
138,661
533,991
374,787
253.331
903,869
276,369
1300,874 91.054312
54,525 191,065
5,228 16319
42,484 145,371
16,914 59,271
17.457 61,172
29,955 104,969
31,780 111.364
12.757 44,703
54,419 190093
2.809,405 98,545 336.310
463,890
1,871,192
1.313,246
087,714
3,167,377
975,448
36755,255
1,588,650
152,127
1,236,259
432.198
507,985
611.660
924,7'94
371.228
1,563,556
15,698
64,303
45,130
30,506
106,847
33.5I1
58,511
225,330
156142
108,899
381,417
117,464
707AL
461,440 3,594,159 188% 87,918,212 327,/92.013 Sit 1h944 32,370./11
• Bated on 1994 counts. Does not include 8ene6t Was for trailer parka in the cities. The approach stl9 needs lobe relined with the individual atlas.
" Oats On ema cost is for backbone only. It doss not inchrde agency integration oonts.
'•• Booed on 8.5% annual psrcenl ge rat►.
March 7, 1995
Exhibit "C"
Participating Agency Agreement
54n ot.a C-4W Gay
41-
ra#1041C4mmakadonetystan
ESTIMATED COSTS OF AGENCY ENTERING SYSTEM AFTER MARCH 7, 1995
City of Santee
Number of Benefit Units 125,247
Percent of Total Benefit 3.48%
Financing Costs of One Time Cost for 15 Years at 8.5% APR
Principal Financing Total Annual Payment
$975,448 $786,510 31,761,958 $117,464
Annual Payment if Join in Year
Year Annual Payment
1 $117,464
2 $125,854
3 $135,535
4 $146,830
5 $160,178
6 $176,196
7 $195,773
8 $220,245
9 $251,708
10 $293,660
11 $352,392
12 $440,490
13 $587,319
14 $880,979
15 $1,761,958
Annual Payment for Late Starting Agencies
2000000
1500000
1000300
0
me am III NI
1 2 3 4 5 e 7 11 0 10 11 12 13 14 15
Start8i8 Year
asi Anil Payment
March 7, 1995
Exhibit "D"
Participating Agency Agreement
GOVERNANCE STRUCTURE
RCS
Committees
r►
San Diego County
Board of Supervisors
RCS
Board of Directors
Zan Digoaorta, - County
A
RCS
MeMber Board
A A
Member Agency
County Staff
Reporting Relationships,
Lines of Communication
March 7, 1995
Exhibit B
1995 RCS Parties
1995 RCS Parties
Status
Alpine Fire Protection District
Existing
Bonita-Sunnyside Fire Protection District
Existing
Borrego Springs Fire Protection District
Existing
City of Carlsbad
Existing
City of Chula Vista
Existing
City of Coronado
Existing
City of Del Mar
Existing
City of El Cajon
Existing
City of Encinitas
Existing
City of Escondido
Existing
City of Imperial Beach
Existing
City of La Mesa
Existing
City of Lemon Grove
Existing
City of National City
Existing
City of Oceanside
Existing
City of Poway
Existing
City of San Marcos
Existing
City of Santee
Existing
City of Solana Beach
Existing
`City of Vista
Existing
County of San Diego
Existing
Deer Springs Fire Protection District
Existing
Heartland Communications Facility Joint Powers Authority
Existing
Imperial Valley Emergency Communications Authority (IVECA)
Existing
Julian-Cuyamaca Fire Protection District
Existing
Lakeside Fire Protection District
Existing
Metropolitan Transit System
Existing
Mira Costa Community College District
Existing
North County Dispatch Joint Powers Authority
Existing
North County Fire Protection District
Existing
North County Transit District
Existing
Rancho Santa Fe Fire Protection District
Existing
San Diego Rural Fire Protection District
Existing
San Diego Unified Port District
Existing
'San Miguel Consolidated Fire Protection District
Existing
Santee School District
Existing
State of California Department of Transportation (Caltrans)
Existing
State of California, California Highway Patrol/EI Cajon CHP
Existing
Valley Center Fire Protection District
Existing
Viejas Reservation Fire Department
Existing
Vista Fire Fire Protection District
Pine Valley Fire Protection District'
Existing
Former
Padre Dam Water District'
Former
East County Fire Protection District 3
Former
'Original Signator - Never came on system (no radios on system)
'Terminated RCS Agreement on January 7, 2013
'Consolidated with San Miguel Consolidated Fire District in 2008
NextGen RCS Agreement
December 3, 2013
Exhibit C
Estimated RCS NextGen System Cost
Estimated To ;Shared,l _ ; . tllcture
less estimated 1VVECA In re of $9 Million (includes estimated
•ropoillonaishace
st Fn', ..
lated Vital 3r CbeI
Total Estimated NextGen Parties Subscriber Radio Count
13,953
1. Divide the Remaining Costs to be Apportioned by the Total Estimated NextGen Parties Subscriber Radio Count. Multiply this
number by the projected average number of your agency's subscriber radios for the two dates.
Formula
Remaining Costs to be Apportioned
Estimated Total Subscriber Radio Count
Example
X
Two Year Average
Radio Count
1. Agency X has an average of 50 radios for the two dates.
2. Total Estimated Cost of System divided by the Total Estimated Parties Subscriber Radio Count is $6,164
3. Fifty (50) subscriber radios X $6,164 estimated cost = Estimated Agency Cost $308,177
Estimated
Agency Cost for
Shared
Infrastructure
NextGen RCS Agreement December 3, 2013
Exhibit C-1
Cost Apportionment for San Diego County Shared Infrastructure Per Party: Costs are apportioned in two categories --
infrastructure and core. Below are the estimated shared infrastructure apportionment costs per agency
San Diego County Party Name
Radio Count
9/1/13
Radio Count
7/1/2014
Average
Radio Count
Estimated Cost for
San Diego Shared
Infrastructure
Alpine Fire Protection District
26
Bonita-Sunnyside Fire Protection District
16
Borrego Springs Fire Protection District
21
City of Carlsbad
436
City of Chula Vista
694
City of Coronado
182
City of Del Mar
97
City of El Cajon
460
City of Encinitas
246
City of Escondido
752
City of Imperial Beach
117
City of La Mesa
291
City of Lemon Grove
95
City of National City
284
City of Oceanside
744
City of Poway
296
City of San Marcos
419
City of Santee
176
City of Solana Beach
58
City of Vista
284
County of San Diego
5,848
Deer Springs Fire Protection District
21
Heartland Communications FacilityJPA
12
Julian-Cuyamaca Fire Protection District
29
Lakeside Fire Protection District
98
Metropolitan Transit System
251
Mira Costa Community College District
20
North County Dispatch JPA
18
North County Fire Protection District
127
North County Transit District
33
Rancho Santa Fe Fire Protection District
92
San Diego Rural Fire Protection District
107
San Diego Unified Port District
299
San Miguel Consolidated Fire Protection District
135
Santee School District
44
State of CA Department of Transportation (Caltrans)
893
State of California, CA Highway Patrol/EI Cajon CHP
174
Valley Center Fire Protection District
25
Viejas Reservation Fire Department
33
Potential New Party
Potential New Party
Potential New Party
TOTAL
13,953
NextGen RCS Agreement
December 3, 2013
Exhibit C-2
Cost Apportionment for RCS NextGen Core (Portion of the Shared Infrastructure Costs): Costs are apportioned in
two categories —infrastructure and core. Below ore the estimated RCS NextGen Core apportionment costs per agency
for both San Diego County agencies and the Imperial Valley Emergency Communications Authority ( VECA).
San Diego County Parties & IVECA
Radio Count
9/1/13
Radio Count
7/1/2014
Average
Radio Count
Estimated Cost for
RCS NextGen Core
Alpine Fire Protection District
26
Bonita-Sunnyside Fire Protection District
16
Borrego Springs Fire Protection District
21
City of Carlsbad
436
City of Chula Vista
694
City of Coronado
182
'
City of Del Mar
97
City of El Cajon
460
City of Encinitas
246
City of Escondido
752
City of Imperial Beach
117
City of La Mesa
291
City of Lemon Grove
95
City of National City
284
City of Oceanside
744
City of Poway
296
City of San Marcos
419
City of Santee
176
City of Solana Beach
58
City of Vista
284
County of San Diego
5,848
Deer Springs Fire Protection District
21
Heartland Communications Facility JPA
12
Julian-Cuyamaca Fire Protection District
29
Lakeside Fire Protection District
98
Metropolitan Transit System
251
Mira Costa Community College District
20
North County Dispatch, JPA
18
North County Fire Protection District
127
North County Transit District
33
Rancho Santa Fe Fire Protection District
92
San Diego Rural Fire Protection District
107
San Diego Unified Port District
299
San Miguel Consolidated Fire Protection District
135
Santee School District
44
State of CA Department of Transportation (Caltrans)
893
State of California, CA Highway Patrol/EI Cajon CHP
174
Valley Center Fire Protection District
25
Viejas Reservation Fire Department
33
'IVECA*'
1,302
Potential New Party
Potential New Party
Potential New Party
TOTAL .
, . _ . _.:15 255.:: -
-
*IVECA will pay for infrastructure for Imperial County (an estimated $ 9,000,000) and a portion of the NextGen core costs.
NextGen RCS Agreement
December 3, 2013
Exhibit C-3
Cost Apportionment for the Combined Infrastructure and RCS NextGen Core: Costs are apportioned in two categories —
infrastructure and core. Below are both the estimated Combined infrastructure and RCS Core apportionment costs per
agency.
San Diego CountyParties & IVECA
g
Exhibit C-1
Estimated Cost for
San Diego Shared
Infrastructure
+
Exhibit C-2
Estimated Cost
for RCS NextGen
Core
Combined Estimated
Cost for San Diego
Shared Infrastructure
and NextGen RCS
Core (C-1 + C-2)
Alpine Fire Protection District
Bonita-Sunnyside Fire Protection District
Borrego Springs Fire Protection District
City of Carlsbad
City of Chula Vista
City of Coronado
City of Del Mar
City of El Cajon
City of Encinitas
City of Escondido
City of Imperial Beach
City of La Mesa
City of Lemon Grove
City of National City
City of Oceanside
City of Poway
City of San Marcos
City of Santee
City of Solana Beach
r
City of Vista
County of San Diego
Deer Springs Fire Protection District
Heartland Communications Facility JPA
Julian-Cuyamaca Fire Protection District
Lakeside Fire Protection District
Metropolitan Transit System
Mira Costa Community College District
North County Dispatch, JPA
North County Fire Protection District
North County Transit District
Rancho Santa Fe Fire Protection District
San Diego Rural Fire Protection District
San Diego Unified Port District
San Miguel Consolidated Fire Protection District
Santee School District
State of CA Department of Transportation (Caltrans)
State of California, CA Highway Patrol/EI Cajon CHP
Valley Center Fire Protection District
Viejas Reservation Fire Department
Potential New Party
Potential New Party
Potential New Party
TOTALS
NextGen RCS Agreement
December 3, 2013
Exhibit D
Potential New RCS NextGen Parties
Potential New Parties
Radio Count
Sept 1, 2013
Radio Count
July 1, 2014
Average Radio
Count
Barona Fire Department
35
Cajon Valley Union School District
125
California Department of Corrections & Rehabilitation Division of Adult Parole Operations
109
California Department of Corrections & Rehabilitation Office of Correctional Safety
13
California State University San Marcos (Police)
49
Grossmont Union High School District
128
Grossmont-Cuyamaca Community College
16
Jamul-Dulzura Unified School District
15
La Jolla Band of Luiseno Indians (La Jolla Tribal Police)
4
Los Coyotes Police Department
6
Olivenhain Municipal Water District
3
Palomar College
41
Pala Band of Mission Indians
25
Pauma Band of Luiseno Mission Indians (Pauma Band of Mission Indians)
21
Poway Unified School District
240
Ramona Water District Fire Department
21
Rancho Santa Fe Patrol
17
San Diego Association of Governments (SANDAG)
99
San Diego County Regional Airport Authority
164
San Diego Humane Society
34
San Diego State University (Police & Parking)
102
Southwestern College Police Dept.
22
Sycuan Band of the Kumeyaay Nation (Sycuan Fire/Police Department)
72
University of California San Diego (Police and Environment Health & Safety)
108
Vista Unified High School District
188
NextGen RCS Agreement December 3, 2013
RESOLUTION NO. 2014 — 20
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN AND
AMONG THE COUNTY OF SAN DIEGO AND PARTICIPATING CITIES AND
JURISDICTIONS REGARDING THE NEXT GENERATION REGIONAL
COMMUNICATIONS SYSTEM PROVIDING COMMUNICATION SERVICES TO
PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN DIEGO
COUNTY AND IMPERIAL COUNTY WITH AN ANTICIPATED COST OF$1.75 MILLION
AND ON -GOING MAINTENANCE COSTS PAYABLE BY MARCH 31, 2016
WHEREAS, the County's Regional Communications System has helped sustain
communications among the region's public safety and public service partners for emergency
and disaster response communications; and
WHEREAS, the Next Generation Regional Communications System ("NextGen
RCS") Agreement, which defines the terms and conditions of participation in the NextGen RCS
and provides incentives promoting early commitment to participation, was approved by the San
Diego County Board of Supervisors on December 3, 2013; and
WHEREAS, early commitment to participation is crucial to establishing system
requirements necessary to the contracting process and to give all parties an estimate of the cost
of participation because a 15% late signing financial penalty is included in the Agreement for
agencies that approve and sign this Agreement after March 31, 2014. For agencies that
approve and sign the Agreement after July 31, 2014, the late signing financial penalty is
increased to 25%; and
WHEREAS, the NextGen RCS Agreement will not immediately replace the 1995
RCS Agreement or existing customer agreements which will remain in effect until March 31,
2016; and
WHEREAS, National City's estimated costs to join the NextGen RCS Agreement
is $1,750,444 and on -going maintenance costs payable by 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 Next Generation Regional
Communications System Agreement between and among the County of San Diego and
participating cities and jurisdictions for communications services to public safety and public
service agencies operating in San Diego and Imperial County. Said Fifth Amendment to the
Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 18th day of February,-014.
on Morrison, Mayor
ATTEST: iROVS TO FORM:
Michael R. Dalla, City Clerk
Claudia Gac t Silva
City Attorney
Passed and adopted by the Council of the City of National City, California, on February
18, 2014 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios.
Nays: None.
Absent: Councilmember Sotelo-Solis.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
illitlAfiiCk of the City ofa
City I City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2014-20 of the City of National City, California, passed and adopted
by the Council of said City on February 18, 2014.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA Coo y • 55
COUNCIL AGENDA STATEMENT
"MEETING DATE: February 18, 2014
AGENDA ITEM NO. 12
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement
between and among the County of San Diego and participating cities and jurisdictions regarding the Next
Generation Regional Communications System providing communication services to Public Safety and Public
Service Agencies operating in San Diego County and Imperial County with an anticipated cost of $1.75
million and on -going maintenance costs payable by March 31, 2016. (Fire)
PREPARED BY: Walter Amedee DEPARTMENT: Fir
PHONE: 619-336-4556 APPROVED BY:
EXPLANATION:
The County's Regional Communications System has helped sustain communications among the region's public
safety and public service partners for emergency and disaster response communications. The Next Generation Regional
Communications System (NextGen RCS) Agreement was approved by the San Diego County Board of Supervisors on
December 3, 2013. This Agreement defines the terms and conditions of participation in the NextGen RCS and provides
incentives promoting early commitment to participation.
Early commitment to participation is crucial to establishing system requirements necessary to the contracting
process and to giving all parties an estimate of the cost of participation. To that end, a 15% late signing financial penalty is
included in the Agreement for agencies that approve and sign this agreement after March 31, 2014. For agencies that
approve and sign the Agreement after July 31, 2014, the late signing financial penalty is increased to 25%. The NextGen
RCS Agreement will not immediately replace the 1995 RCS Agreement or existing customer agreements will remain in effect
until March 31, 2016.
The NextGen RCS Agreement states that a financing mechanism will be made available by the County, but details
ire not available. National City's estimated costs to join the NextGen RCS Agreement is $1,750,444 and on -going
■►maintenance costs payable by March 31, 2016. Staff recommends authorizing the Mayor to sign the NextGen RCS
Agreement.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
The NextGen RCS Agreement states that a financing mechanism will be made available by the County, but details are not available.
National City's estimated costs to join the NextGen RCS Agreement is $1,750,444 and on -going maintenance costs payable by March 31,
2016.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Staff recommends authorizing the Mayor to sign the Next Generation Regional Communications System
Agreement.
BOARD / COMMISSION RECOMMENDATION:
.NTTACHMENTS:
1. Next Generation Regional Communications System Agreement
2. Resolution
Agreement
Between and Among the County of San Diego
and
Participating Cities and Jurisdictions
Regarding the Next Generation Regional Communication System
Providing Communication Services to Public Safety and Public Service Agencies
Operating in San Diego County and Imperial County
("NextGen RCS Agreement")
1. THE 1995 RCS AGREEMENT; TRANSITION TO NEXT GENERATION RCS
1.1 The 1995 RCS Agreement. Effective March 7, 1995, the County of San Diego
("County") and certain local governments and agencies entered into an agreement entitled the
"San Diego County — Imperial County Regional Communications System Agreement Between
the County of San Diego and Participating Cities and Jurisdictions Regarding the
Implementation, Governance, Method of Funding and Costs of a Regional Radio System
Providing Communication Services to Public Safety and Public Service Agencies Operating in San
Diego County and Imperial County" (referred to as the "1995 RCS Agreement," a copy of which
is attached as Exhibit A. Additional local governments and agencies signed onto the 1995 RCS
Agreement, and all original and additional signatories (referred to as "1995 RCS Parties") are
listed in Exhibit B. The 1995 RCS Agreement provides for the operation of a regional
communication system by the County through its Sheriff's Department with the financial
contribution of the 1995 RCS Parties. Other agencies and entities ("Customers") are allowed to
use the RCS, upon recommendation by the RCS Board of Directors, through contracts with the
County wherein a Customer pays fees as approved by the Board of Directors, with the revenues
from such contracts flowing to the RCS Operating Account and RCS Trust Fund maintained by
the County.
1.2 1995 RCS Governance. The 1995 RCS Agreement establishes a governance
structure wherein the County, through the Sheriff's Department Wireless Services Division,
operates and maintains the RCS with other County departments providing additional
administrative support, and the County Board of Supervisors having ultimate fiscal and
operational control over the RCS. The 1995 RCS Agreement establishes an RCS Board of
Directors to make recommendations to the Board of Supervisors.
NextGen RCS Agreement
Page 1 of 19 December 3, 2013
1.3 1995 RCS Fiscal Components. There are three basic fiscal components to RCS
Party participation in the 1995 RCS Agreement and use of the RCS: (1) contribution to the
construction of the RCS "backbone", (2) monthly operating charges, and (3) each RCS Party's
own equipment and certain infrastructure costs. 1995 RCS Parties have paid or are paying their
contribution to the backbone construction through several fiscal vehicles, including financing
provided by the County and County Service Area (CSA) 135, formed pursuant to Government
Code section 25210 et. seq. Relevant actions pertaining to CSA 135 include, but may not be
limited to the following: In Fiscal Years 1995-1996 and 1996-1997, pursuant to Government
Code section 25210.77a (repealed 2009), the County levied parcel charges for CSA 135. On June
2, 1998, voters in three cities approved special taxes without sunset dates to replace the parcel
charges as follows: The City of Poway (CSA 135 Zone F) - Proposition J; The City of Del Mar (CSA
135 Zone B) -Proposition F; The City of Solana Beach (CSA 135 Zone H) - Proposition L.
1.4 1995 RCS Agreement Extensions. On May 5, 2009 (Minute Order No. 2) on
recommendation of the RCS Board of Directors, the County Board of Supervisors approved the
extension of the RCS Agreement to March 31, 2013. On August 7, 2012 (Minute Order No. 1),
again on recommendation of the RCS Board of Directors, the County Board of Supervisors
approved the extension of the 1995 RCS Agreement to March 31, 2016 in order to allow
sufficient time to transition to a new or "next generation" ("NextGen RCS") replacement
regional communication system and to develop a new participating agency agreement
governing the new system.
1.5 Next Generation Regional Communication System ("NextGen RCS"1. The
transition from the existing RCS to the NextGen RCS is to be implemented and facilitated by this
NextGen RCS Agreement and will occur over the course of approximately five years as follows:
The County intends to issue the Request for Proposals for the NextGen RCS ("NextGen RFP")
near the middle of calendar year 2014, close NextGen RFP responses by end of calendar year
2014, and award the NextGen RCS Contract in mid-2015. It is further anticipated that while
performance on the NextGen RCS Contract will begin shortly thereafter, infrastructure and
equipment replacement of the RCS by the NextGen RCS will begin in early 2016. It is
anticipated that NextGen RCS installation will be completed in late 2018.
1.6 NextGen RCS Agreement; Purpose. The purpose of this NextGen RCS Agreement
is to establish a degree of certainty among all Parties to the 1995 RCS Agreement and additional
parties as to participation and partnership in the NextGen RCS. Such degree of certainty is
necessary because the County, as the contracting and administering entity, must issue the
Request For Proposals ("NextGen RCS RFP") in 2014, and the scope of work, funding and
financing discussions require a framework for participation be in place. This NextGen RCS
Agreement also provides incentive for 1995 RCS Parties to execute this NextGen RCS
NextGen RCS Agreement Page 2 of 19
December 3, 2013
Agreement and become NextGen RCS Parties, indicating their good faith intention to
participate, by establishing late joining penalties as set forth in section 3 of this NextGen RCS
Agreement.
1.7 Transition from 1995 RCS Agreement. The purposes of this NextGen RCS
Agreement include establishing participation in the sharing of NextGen RCS Shared Backbone
Infrastructure costs and NextGen RCS governance. Given that the transition from the RCS to the
NextGen RCS will occur in stages and over time, the NextGen RCS Parties agree that the 1995
RCS Agreement shall continue to be operative and govern the operation, maintenance,
governance and administration of the RCS system until such time as the 1995 RCS Agreement
expires in 2016, except as follows: This NextGen RCS Agreement will govern with respect to
matters pertaining to setting NextGen RCS performance objectives, NextGen RCS
implementation planning, and other matters that may relate to the NextGen RCS after
transition from the RCS is complete. Upon expiration of the 1995 RCS Agreement, this NextGen
RCS Agreement shall govern the RCS as it evolves to the NextGen RCS. Thus, from the execution
of this NextGen RCS Agreement to the expiration of the 1995 RCS Agreement, there will be, to
the extent required by the foregoing, dual governance structures, including dual boards of
directors, which may or may not have members in common.
1.8 NextGen RCS Agreement; Authority. On December 3, 2013 (Item No. 6), the
Board of Supervisors authorized the Clerk of the Board to execute this NextGen RCS Agreement
on behalf of the County. Each other NextGen RCS Party was authorized to enter into this
NextGen RCS Agreement as indicated on their individual signature page.
2. NEXTGEN RCS OVERVIEW
2.1 1995 RCS. The RCS replaced the participating public service and public safety
agencies' existing radio communication systems throughout San Diego and Imperial counties
with what was at the time a modern, trunked radio system.
2.2 NextGen RCS. The NextGen RCS will replace, modernize and update the RCS and
shall provide effective and reliable voice radio communications for routine intra- and inter-
agency operations as well as inter -agency communications throughout the region during
mutual aid and disaster operations. The NextGen RCS will include the following subsystems: a
new trunked voice system, new microwave backhaul network, and a conventional voice system.
2.2.1 Trunked Voice System Description. The Trunked Radio System consists of
the radio transmission equipment located at remote radio sites and the centralized system
networking and management equipment necessary to provide voice radio services to the
participating agencies in the RCS service area.
NextGen RCS Agreement
Page 3 of 19 December 3, 2013
2.2.2 Microwave Backhaul Network Description. The Microwave Backhaul
Network consists of the point-to-point radio and data switching equipment necessary to
interconnect the sites where components of the trunked radio system and conventional radio
systems (network hub and remote radio sites) are located.
2.2.3 Conventional Voice System Description. The Conventional Voice System
consists of non-trunked ("conventional") radio base station equipment installed at remote radio
sites to support voice radio communications between users of the RCS trunked radio system
and non -RCS user agencies as required in day-to-day, mutual aid and disaster operations. The
conventional voice system also provides limited backup voice communications capability in the
event of a trunked system failure.
2.3 "Public Safety" and "Public Service" Agencies Defined
2.3.1 Public Safety agencies include all public law enforcement, fire service, EMS
and disaster preparedness agencies in San Diego County and Imperial County.
2.3.2 Public Service agencies includes the State of California Department of
Transportation (Caltrans) District 11 and other participating public agencies in the counties of
San Diego and Imperial whose primary responsibility is providing citizens with services other
than law enforcement, fire service, EMS, and disaster preparedness. Public Service agencies
may also include Private -Non -Profit agencies operating under an agreement with a public
agency.
2.4 Mutual Aid Communications. All law enforcement, fire service, EMS, disaster
preparedness and participating public service agencies in San Diego County and Imperial County
shall have access to mutual aid communications capabilities.
3. NEXTGEN RCS PARTICIPATION PARAMETERS AND CONTINGENCIES
3.1 Time Is Of The Essence. Due to the aging of the RCS, time is of the essence in the
deployment of the NextGen RCS. Due to the anticipated construction time, the County intends
to issue the NextGen RFP near the middle of calendar year 2014, close NextGen RFP responses
by the end of 2014, and award the NextGen Contract in mid-2015. In order to provide a
measure of confidence that there will be a certain level of participation and sharing in the
NextGen RCS Shared Infrastructure Cost (See section 11.2), and to provide a minimal degree of
certainty to the County of San Diego before it undertakes the extensive task of preparing and
issuing a request for proposals or other form of solicitation to potential vendors of the NextGen
RCS, the County has asked, and the NextGen RCS Parties have agreed to the participation
parameters herein.
NextGen RCS Agreement Page 4 of 19 December 3, 2013
3.2 Signing Deadline. 1995 RCS Parties and other local governments and agencies
that desire to be NextGen Parties must sign this NextGen RCS Agreement no later than March
31, 2014.
3.3 Late Signers; Penalties. 1995 RCS Parties or other local governments or agencies
who have not signed the NextGen RCS Agreement by March 31, 2014 will be allowed to later
sign onto the NextGen RCS Agreement and become NextGen RCS Parties during the period April
1, 2014 to July 31, 2014; however, such late -joining NextGen RCS Parties ("late signers") will pay
their NextGen RCS Shared Infrastructure Cost they would have paid had they executed this
NextGen RCS Agreement by March 31, 2014, plus a late penalty amounting to 15% of the
original participation share. Penalty fees will be handled according to Section 3.5.
3.3.1 1995 RCS Parties or other local governments or agencies who have not
signed the NextGen RCS Agreement by July 31, 2014, will be allowed to sign onto the NextGen
RCS Agreement and become NextGen RCS Parties until January 1, 2015; however, such late -
joining NextGen RCS Parties (also "late signers") will pay the NextGen RCS Shared Infrastructure
Cost they would have paid had they executed this NextGen RCS Agreement by March 31, 2014,
Q a late penalty amounting to 25% of the original participation share.
3.4 Final Cut Off. No 1995 RCS Parties or other local governments or agencies will be
allowed to sign onto the NextGen RCS Agreement and become NextGen RCS Parties after
January 1, 2015.
3.5 Disposition of Penalties Collected. Late penalties will be deposited to the
NextGen RCS Trust Fund.
3.6 Financing. For NextGen RCS Parties that choose not to pay their share of the
total NextGen RCS Shared Infrastructure Cost in total within sixty days of the issuance of the
revised Exhibit C and prior to contract award, which is anticipated to occur in the spring or
summer of 2015, a financing mechanism will be determined and made available by the County.
Nothing in this section prohibits any NextGen RCS Parties from pursuing and obtaining their
own financing. Payment and financing agreements will be separate and apart from this
NextGen RCS Agreement. Financing mechanisms will not be available to pay for late signing
penalties.
3.7 Contingencies. To facilitate the execution of this NextGen RCS Agreement, it is
understood that a NextGen RCS Party may choose to be excused from performing under this
NextGen RCS Agreement if any of the following contingencies are not met:
3.7.1 Vendor Contract — A contract must be awarded pursuant to the County's
NextGen RCS RFP or other solicitation.
NextGen RCS Agreement
Page 5 of 19 December 3, 2013
3.7.2 County Funding. Funds for the County to undertake the NextGen RCS
project must exist.
3.7.3 Actual Shared Infrastructure Costs. The total NextGen RCS Shared
Infrastructure Costs, as determined by the vendor contract, does not exceed the budgetary
estimate in Exhibit C by more than 10 percent (10%).
4. SCOPE OF AGREEMENT; CERTAIN REQUIREMENTS
4.1 NextGen RCS Parties. The purpose of the NextGen RCS and NextGen RCS
Agreement is to provide a next generation communications system that provides optimum
service to the NextGen RCS Parties. To that end, the NextGen RCS will be designed to provide
optimum required service. Additionally, the NextGen RCS Parties, while executing this NextGen
RCS Agreement, do not intend to cede any of their constitutional or statutory autonomy.
4.2 Frequency Licensing Or Transfer. NextGen RCS Parties shall co -license or
transfer their currently allocated 800 MHz frequencies to the County of San Diego for use in the
NextGen RCS.
5. NEW NEXTGEN PARTIES
5.1 "New Parties" are defined as public safety and public service agencies that are
not "1995 RCS Parties". New Parties will be allowed to participate in this agreement and
become a NextGen RCS Party.
5.2 If participation by a New Party requires enhancement or expansion of coverage
beyond what is provided by the existing RCS on the effective date of this NextGen RCS
Agreement, the New Party shall pay the costs associated with such enhancement or expansion,
separate and apart from the financial responsibilities addressed in this NextGen RCS
Agreement.
5.3 For informational purposes only that may be of benefit to the 1995 Parties, the
County has identified potential New Parties and they are listed in Exhibit D.
6. NEXTGEN RCS PERFORMANCE REQUIREMENTS
6.1 Reliability. The NextGen RCS shall be designed to provide a high level of
redundancy and reliability to support mission critical public safety communications. The overall
system availability design objective shall be 99.999%. (Note: 99.999% system availability is the
public safety "best practice" design objective; it is not a formally adopted standard.)
NextGen RCS Agreement Page 6 of 19 December 3, 2013
6.2 Design Objectives. The NextGen RCS design objectives for the performance of
portable and mobile voice and the quality of coverage provided shall be determined by the
NextGen RCS Board of Directors and appropriate County of San Diego staff.
6.3 Loading Requirements. The NextGen RCS shall be designed to meet the loading
requirements of the anticipated busiest hour for all planned users over the life of the system.
6.4 Coverage Plan. The goal of the NextGen RCS is to provide the same general
coverage footprint as is provided by the existing RCS and to correct existing deficiencies where
practicable. The actual NextGen RCS radio service coverage plan shall be determined by a
NextGen RCS Project Management Office to be created by the Sheriff's Department and with
the consultation of the NextGen RCS Board of Directors.
7. NEXTGEN RCS ACCESS PRIORITIES
7.1 User Prioritization. In the event that all radio channels in the RCS are busy, users
wanting to speak shall be prioritized as follows, regardless of how long they have been waiting:
7.1.1 Priority One - Emergency Identification. An Emergency Identification is
defined as the message received when a public safety member calls for immediate assistance
by activating an emergency button or switch on the user radio equipment.
7.1.2 Priority Two - Public Safety
7.1.2.1- Public Safety includes the normal daily radio transmissions of
law enforcement, fire service, paramedic providers and disaster preparedness personnel using
the RCS.
7.1.2.2 - Public Safety also includes RCS users whose normal lower
priorities have been temporarily changed to resolve an unusual occurrence or large scale
disaster.
7.1.3 Priority Three - Non -Public Safety. Special Event. Non -Public Safety,
Special Event includes planned events involving public service agency participants that are
beyond the scope of their normal daily operations.
7.1.4 Priority Four - Non -Public Safety. Regular. Non -Public Safety, Regular
includes the normal daily radio transmissions of public service agencies using the system.
8. NEXTGEN RCS GOVERNANCE; CONTINUED RCS GOVERNANCE
8.1. Limited Period Of Concurrent Governance. It is the intent of the NextGen RCS
Parties that there shall be concurrent operation of, and governance by, this NextGen RCS
NextGen RCS Agreement
Page 7 of 19 December 3, 2013
Agreement and the 1995 RCS Agreement during the construction of the NextGen RCS, as set
forth in Section 1.7 above.
8.2 General NextGen RCS Governance Structure. The County of San Diego Sheriff's
Department will operate and maintain the NextGen RCS. Other departments of the County of
San Diego will provide support as necessary. As the governing body for the County, the Board of
Supervisors shall have ultimate fiscal and operational control over the NextGen RCS and shall be
ultimately responsible for the overall administration and direction of the RCS through
interaction with the NextGen RCS Board of Directors, the assigned San Diego County staff and
the NextGen RCS Parties.
9. NEXTGEN RCS BOARD OF DIRECTORS
9.1 Representation. There shall be a NextGen RCS Board of Directors, subject to the
Ralph M. Brown Act (California's Open Meeting Law), that shall be the advisory body to the
Board of Supervisors with respect to matters concerning the NextGen RCS, and shall make
recommendations to the Board of Supervisors that serve the interest of all NextGen RCS
Parties.
Except as noted below, the Board of Directors shall be composed of 10 (ten) directors
representing public safety and public service agencies as outlined below:
County of San Diego (ONE)
City Manager (ONE)
San Diego County Sheriffs Department (ONE)
San Diego County Municipal Police Department (ONE)
San Diego County Fire Agencies (TWO)
Imperial Valley Emergency Communications Authority (TWO)
State of California Department of Transportation (ONE)
Schools Group (ONE)(Schools Group membership on the Board requires that at least
four school districts are NextGen RCS Parties)
9.2 Members. Members of the NextGen RCS Board of Directors shall be determined
in the following manner, according to the type of agency.
NextGen RCS Agreement Page 8 of 19 December 3, 2013
9.2.1 County of San Diego. The representative for the County of San Diego
shall be the Deputy Chief Administrative Officer for Public Safety or his/her designee, preferably
the Director of the Office of Emergency Services.
9.2.2 City Manager. The City Manager representative shall be a City Manager
of a NextGen RCS agency selected by the San Diego City/County Managers Association.
9.2.3 Sheriffs Department. The delegate from the San Diego Sheriff's
Department shall be the Sheriff or the Sheriff's designee.
9.2.4 Police. The municipal police representative shall be a police chief or
designate from a NextGen Party municipal police department who shall be selected by the San
Diego County Police Chiefs' and Sheriff's Association.
9.2.5 Fire. The two fire service representatives shall be fire chiefs or designees
from NextGen RCS Party fire departments or fire services who shall be selected by the San
Diego County Fire Chiefs' Association.
9.2.6 Imperial Valley Emergency Communications Authority ("IVECA"). IVECA
shall designate two members of its Board of Directors to serve on the NextGen RCS Board of
Directors.
9.2.7 Caltrans. The representative for Caltrans shall be selected by appropriate
state authority.
9.2.8 Schools Group. The representative from the RCS Schools Group shall be
selected by mutual agreement (or majority vote) of the superintendents of the member school
districts.
9.3 Responsibilities of the NextGen RCS Board of Directors. Responsibilities shall
include but not be limited to:
• Adopting by-laws to govern the NextGen RCS Board of Director's internal
operations, consistent with the provisions of this Agreement.
• Meeting quarterly or more frequently, if necessary.
• Developing and approving NextGen RCS operating policies and procedures.
• Identifying participating agency needs and requirements.
• Addressing concerns of participating agencies.
NextGen RCS Agreement
Page 9 of 19 December 3, 2013
• Reviewing and adopting recommendations regarding the establishment of
system priorities and talk groups.
• Establishing subcommittees as necessary to ensure the interests and
concerns of NextGen RCS Parties are represented and to ensure technical
issues are thoroughly researched.
• Formulating the annual budget and submitting it to the County Board of
Supervisors, via the Sheriff's Department, for approval.
• Monitoring the implementation of the NextGen RCS.
• Conducting programmatic reviews.
• Overseeing the establishment of long range plans.
• Making recommendations to the County Board of Supervisors.
• Making recommendations concerning the approval of customer contracts
and rates for NextGen RCS services.
9.3.1 Board Transition. As set forth in Section 1.6 and 1.7, upon expiration of
the 1995 RCS Agreement, the NextGen RCS Board of Directors shall have all the responsibilities
set forth in this section also with respect to the RCS as it transitions to the NextGen RCS.
9.4 NextGen RCS Board of Directors Terms and Qualifications
9.4.1 Written Designation. Members of the NextGen RCS Board of Directors
("NextGen RCS Directors") shall be designated in a writing submitted to the Sheriff's
Department by their respective NextGen RCS Party appointing authority. The term for each
NextGen RCS Director shall be determined by her or his respective appointing authority
provided, however, that each NextGen RCS Director shall at all times be an incumbent of a
NextGen RCS Party. All NextGen RCS Directors serve at the pleasure of their appointing
authority.
9.4.2 Alternates. The NextGen RCS Party appointing authority shall also select
an alternate to the NextGen RCS Directors. Alternate members are encouraged to attend
NextGen RCS Agreement
Page 10 of 19 December 3, 2013
regular Board of Directors meetings, but shall vote only in the absence of the primary NextGen
RCS Director. No proxy voting is allowed.
9.4.3 Chairperson and Vice -Chairperson. The Chairperson and a Vice
Chairperson of the NextGen RCS Board of Directors shall be biennially elected by a majority
vote of the NextGen RCS Directors. The Chairperson and Vice Chairperson shall serve at the
discretion of a majority of the NextGen RCS Directors, i.e., they may be replaced at any time by
a majority vote of the NextGen RCS Directors. The Chairperson and Vice -Chairperson shall be
selected from members representing NextGen RCS Parties other than IVECA, Caltrans and the
Schools Group. For a NextGen RCS Board of Directors meeting to occur, either the Chairperson
or Vice -Chairperson, and not their alternates, must be present.
9.5 Attendance at NextGen RCS Board of Directors meetings
9.5.1 NextGen RCS Directors are expected to attend all possible meetings to
represent their group interests and to help conduct NextGen RCS business. Arrangements
should be made for the alternate to attend in the absence of the primary representative.
9.5.2 The NextGen Board of Directors shall develop and promulgate a policy
relating to attendance and absences by Directors and alternates.
9.5.3 Resignation from the NextGen RCS Board of Directors shall be submitted in
writing to the chairperson and to the appointing authority.
9.6 NextGen RCS Board of Directors Voting
9.6.1 Members of the NextGen RCS Board of Directors and committees formed
by NextGen RCS Board of Directors ("committees") shall vote on all items on the basis of one
vote per member.
9.6.2 A quorum for the conduct of business exists when six (6) of the members
are present at NextGen RCS Board of Directors meetings and three (3) of the six present
represent NextGen RCS Parties other than IVECA, Caltrans or the Schools Group.
9.6.3 For any action to be taken by the Board of Directors, the vote in favor of
the action must be a majority vote of the members of the Board of Directors present.
10. SHERIFF'S DEPARTMENT; WIRELESS SERVICES DIVISION
10.1 Sheriff's Wireless Services Division ("WSD") staff shall serve as advisors and staff
to the NextGen RCS Board of Directors. The Manager of the WSD shall serve as the NextGen
RCS Manager.
NextGen RCS Agreement
Page 11 of 19 December 3, 2013
10.2 WSD staff shall manage the day-to-day operation and maintenance of the
NextGen RCS subject to direction from and review by the NextGen RCS Board of Directors.
10.3 WSD staff shall provide support as necessary, but shall not have a voting right on
any business before the NextGen RCS Board of Directors.
10.4 WSD staff shall perform the functions necessary to ensure that specific system
performance guarantees are maintained throughout the term of the agreement.
10.5 WSD Manager. As the manager and operator of the NextGen RCS, the Sheriff's
Department, and more specifically the WSD manager and staff, shall have the responsibility to:
10.5.1 Implement the NextGen RCS.
10.5.2 Seek NextGen RCS Board of Directors approval of major policy decisions.
10.5.3 Develop contracts with vendors.
10.5.4 Provide appropriate staff support to the NextGen RCS Board of Directors.
10.5.5 Retain employees and agents.
10.5.6 As authorized and limited by the County, acquire, hold or dispose of
property necessary to operate the NextGen RCS.
10.5.7 Charge participating agencies for expenses incurred in ongoing
maintenance and operation of the NextGen RCS.
10.5.8 Implement policy a set by the County, the Sheriff and the NextGen RCS
Board of Directors.
10.5.9 Monitor and maintain NextGen RCS performance.
10.5.10 In conjunction with the NextGen RCS Board of Directors, develop and
recommend the annual NextGen RCS budget to the County Board of Supervisors.
10.5.11 Reassign NextGen RCS priorities in extraordinary circumstances and
make emergency repairs as required.
10.5.12 Provide information and support as necessary to the NextGen RCS Board
of Directors.
10.5.13 Provide operating reports and technical information as necessary to
assist the NextGen RCS Board of Directors.
NextGen RCS Agreement
Page 12 of 19 December 3, 2013
10.5.14 Establish and maintain accounts and records, including personnel,
property, financial, programmatic and other records deemed necessary by the NextGen RCS
Board of Directors to ensure proper accounting for all ongoing operations and maintenance
costs.
10.5.15 Use the records to justify any recommended adjustments to agency
monthly operating charges.
10.6 Notice of WSD Staff Changes. The Sheriff's Department shall provide the
NextGen RCS Board of Directors timely advance notice of impending personnel changes
affecting any management staff assigned NextGen RCS responsibilities.
11. INFRASTRUCTURE, EQUIPMENT, SERVICES AND FISCAL ELEMENTS
11.1 Infrastructure. The NextGen RCS shall be divided into two infrastructure
components: (a) the "shared backbone infrastructure" and (b) the participating agencies'
infrastructure and equipment. These two parts are divided by a "line of demarcation" at the
NextGen RCS network connection, which is the microwave network or common carrier
termination point(s) used to interconnect the agency's radio consoles and other electronic
communications devices to the RCS network.
11.2 NextGen RCS Shared Backbone Infrastructure Costs. The NextGen RCS Shared
Backbone Infrastructure Cost is defined as the total cost of the equipment and services
required to plan, design, procure and implement a P25 Trunked Voice Land Mobile Radio
System, Microwave Transport Network, and Mutual Aid Conventional Radio System. NextGen
RCS Shared Backbone Infrastructure costs shall not include agency equipment or services used
to connect to the NextGen RCS (such as agency owned microwave transport or leased
commercial connectivity), dispatch center equipment, and subscriber radios (mobile, portable,
control stations) and ancillary devices.
11.3 NextGen RCS Shared Backbone Infrastructure Cost Apportionment — Imperial
County Agencies. The NextGen RCS shall support NextGen Parties in both San Diego County
and Imperial County. In 1995, local government entities in Imperial County formed the
Imperial Valley Emergency Communications Authority (IVECA). IVECA was formed as a Joint
Powers Authority to provide public safety communications services to the residents of the
County of Imperial and its constituent cities. NextGen RCS Backbone Infrastructure costs for
Imperial County sites, except as noted in 11.3.2, shall be the responsibility of IVECA.
11.3.1 IVECA shall bear the full cost of and retain ownership of all infrastructure
installed in Imperial County which primarily supports IVECA agencies. IVECA shall also bear the
NextGen RCS Agreement
Page 13 of 19 December 3, 2013
cost for any software and licenses required to operate the IVECA infrastructure on the NextGen
RCS.
11.3.2 Costs for infrastructure installed at the two NextGen RCS sites that
border the two counties, Hendrix Peak and Superstition Mountain, will be apportioned
between San Diego County infrastructure costs and IVECA infrastructure costs based on talk
group usage ratio calculated for calendar year 2013.
11.3.3 IVECA shall be responsible for paying a proportional cost of the "RCS
Core" infrastructure equipment. The "RCS Core" is comprised of the computers networking
devices that manage and control the NextGen RCS. The proportion shall be based on the same
formula used to determine proportional costs for all SD County participating agencies (the
average number of subscriber radios each participating agency had active on the RCS on
September 1, 2013 and July 1, 2014 based on RCS billing invoices. The average number of
radios on the system on those dates will be measured against the total number of all
participating agency subscriber radios.)
11.3.4 The Request for Proposals issued by the County shall require responding
vendors to include a proposal for separate vendor financing for IVECA.
11.3.5 IVECA may be excused from performance under this NextGen RCS
Agreement if IVECA is unable to obtain financing on terms acceptable to IVECA.
11.4 San Diego County Agencies; Cost apportionment. NextGen RCS Shared
Backbone Infrastructure costs for San Diego County governments and agencies that are
NextGen RCS Parties but that are not members of the Imperial Valley Emergency
Communications Authority are as follows:
11.4.1 The NextGen RCS Parties agree that they must pay a proportional cost of
the NextGen RCS Shared Backbone Infrastructure costs.
11.4.2 NextGen RCS Parties further agree that they shall be responsible for
paying their one-time NextGen RCS Shared Backbone Infrastructure Cost as determined by the
apportionment model in Exhibit C, including any penalties for late signing, and any financing
cost.
11.4.3 Total cost for the NextGen RCS Shared Backbone Infrastructure
supporting San Diego County will be divided among all San Diego County NextGen RCS Parties.
The portion of the total cost allocated to each NextGen RCS Party will be based on the number
of radios each NextGen RCS Party has on the RCS, i.e., the "Radio Inventory Method" ("RIM").
In order to provide NextGen RCS Parties a pre -RIM calculation opportunity to make bona fide
NextGen RCS Agreement Page 14 of 19 December 3, 2013
adjustments to their radio inventories based on their respective individual agency
requirements, the RIM calculation will be done as follows:
• Each NextGen RCS Party's radio inventory for purposes of the RIM calculation will be an
average of the number of subscriber radios each NextGen RCS Party had on the
RCS on September 1, 2013 and July 1, 2014. The average number of radios over
those two dates will be measured against the total number of all participating
agency subscriber radios.
• If two or more agencies consolidate, the active radio quantities will be combined
from each agency for the two dates listed above.
• For New Parties that did not have radios on the RCS prior to or on September 1,
2013, their radio inventory for purposes of the RIM calculation will be
determined by a review of the New Party's requirements for radio
communications services on the NextGen RCS in the future. The review shall be
conducted by County staff and presented to the RCS Board of Directors for
approval.
11.4.4 Subscriber Radio Inventory Reductions. Radios deactivated from the
RCS between May 1, 2013, and July 1, 2014, will be permanently deprogrammed from the RCS
and will not allowed to be reactivated for use on the RCS or NextGen RCS except as direct one-
to-one replacements for radios that are lost or become nonfunctional.
11.5 Final Cost Apportionment Totals. After all NextGen Parties have signed the
agreement and after the final contract amount for the NextGen system has been determined,
the County will issue an amendment to this agreement to update Exhibit C. (See section 14.3.)
The amended Exhibit C will provide the final cost apportioned to each NextGen Party for shared
infrastructure costs based on the final contract cost and total number of radios (to calculate the
cost per radio). Exhibit C will include the September 1, 2013 and July 1, 2014 radio inventory
totals for each agency and the final average.
11.6 Connection Costs; Maintenance. All NextGen RCS Parties, including both San
Diego County and IVECA agencies, are responsible for all costs associated with procuring and
installing the equipment necessary to connect to the NextGen RCS network and infrastructure
and ongoing costs of connecting to the NextGen RCS. This shall not include maintenance of
agency -owned microwave equipment used to connect to the NextGen RCS network which will
be performed by the Sheriffs Department as a component of the NextGen RCS microwave
network (supported by the NextGen RCS monthly operating fees).
NextGen RCS Agreement
Page 15 of 19 December 3, 2013
11.6.1 Maintenance and other costs associated with the provision of primary
and back up electrical power and other facility related costs in support of agency owned
equipment shall be the responsibility of the agency.
11.7 Agency Subscriber and Dispatch Equipment. Subscriber and dispatch equipment
are not part of the backbone infrastructure. The costs of purchasing, operating, and
maintaining P25 compatible radio equipment, P25-compatible dispatch equipment, and any
ancillary agency equipment is the sole responsibility of NextGen Parties.
11.8 Monthly Operating Fees
11.8.1 The costs of ongoing operations and maintenance of the trunked voice
radio system, microwave network, and conventional radio systems shall be allocated to the
participating agencies on a per radio basis.
11.8.2 The cost per radio shall be limited to those radios used on the NextGen
RCS during normal operations.
11.8.3 Radios temporarily added by an agency to handle a disaster or emergency
shall not be a part of determining the agency's ongoing NextGen RCS costs unless the radios are
retained for normal operations following resolution of the disaster or emergency.
11.8.4 The monthly per -radio network operating fee shall be in effect for a
period of one year and shall be adjusted annually to reflect actual costs.
11.9 Other Fees. User fees for as -needed services such as programing and de -
programing radios, training, or other services may be implemented by the NextGen RCS Board
of Directors as required.
11.10 NextGen RCS Reserve "Trust Fund"
11.11.1 The RCS TRUST FUND was established by the Board of Supervisors on
June 19, 2001 (14) for the purpose of having funds available for contingencies and future RCS
upgrades, enhancements and eventual replacement.
11.12.2 Reserve funds, including interest, shall be maintained in the RCS Trust
Fund.
11.13.3 All excess monthly operating fee revenue shall be transferred to the RCS
Trust Fund at the close of each fiscal year.
NextGen RCS Agreement
Page 16 of 19 December 3, 2013
11.14.4 Other revenue from non-parties shall either be used for NextGen RCS
operations or may be directed to the RCS Trust Fund upon recommendation of the NextGen
RCS Board of Directors and approval of the Board of Supervisors.
11.15.5 The NextGen RCS Board of Directors shall recommend to the Board of
Supervisors the disbursement of money from the RCS Trust Fund as required.
12. PURCHASE OF NEXTGEN COMPATIBLE EQUIPMENT BY NEXTGEN PARTIES
12.1 Compatibility of Equipment Purchased BY NextGen RCS Parties. It is the
responsibility of each NextGen RCS Party to ensure that when purchasing equipment to connect
to the NextGen RCS that such equipment is compatible. The NextGen RCS will be a "standards
based" P25 system which is compatible with subscriber radios and dispatch consoles from
numerous manufacturers provided the equipment has been tested and certified as being P25
compliant. NextGen RCS Parties may submit the specifications of equipment they intend to
purchase to the WSD for back up verification of compatibility. However, the County bears no
responsibility for the purchase of incompatible equipment.
12.2 Contract "Piggybacking". The County agrees that it will endeavor to include a
"piggyback clause" in contracts into which it enters that involve NextGen RCS equipment. For
purposes of this NextGen RCS Agreement, a "piggyback clause" means written permission for
other government agencies to enter into contracts with the vendor on equally favorable or
better terms and conditions.
13. TERM OF AGREEMENT
13.1 The term of the Agreement is for twenty (20) years from the date of this
Agreement.
14. AGREEMENT MODIFICATION; ENTIRE AGREEMENT
14.1. Except as otherwise provided herein, all changes to the NextGen RCS Agreement
may only be amended in writing with the approval of the governing bodies of all parties to this
NextGen RCS Agreement. Prior to processing an amendment, a recommendation shall be
requested from the NextGen RCS Board of Directors.
14.2. Except as otherwise provided herein, this NextGen RCS Agreement constitutes the
entire agreement of the parties and any previous oral or written agreements are superseded by
this NextGen RCS Agreement except as provided for in this NextGen RCS Agreement, except to
the extent that (1) State or Federal agencies may require standard form contracts incorporating
the terms of this NextGen RCS Agreement, (2) supplemental agreements may be required
NextGen RCS Agreement
Page 17 of 19 December 3, 2013
relating to IVECA, and (3) separate agreements may be required related to financing and
frequency licensing or transfer.
14.3 Exhibit C Revisions. Notwithstanding any other provision of this NextGen RCS
Agreement, including but not limited to section 14.1, the NextGen Parties agree that, when
final system costs are known, the County is authorized by the NextGen RCS Parties to amend
Exhibit C of this NextGen RCS Agreement to reflect the final system costs in accordance with
the cost apportionment method described in section 11. The NextGen Parties agree that the
final Exhibit C as amended by the County and in accordance with the apportionment method
described in section 11 (see, in particular, section 11.5) shall be the legally -binding Exhibit C to
this NextGen RCS Agreement without further approval by the NextGen RCS Parties. The County
shall distribute the amended final Exhibit C to the NextGen RCS Parties.
15. TERMINATION BY A NEXTGEN RCS PARTY OF ITS PARTICIPATION
15.1 Notice. In order to terminate participation prior to the end of the TWENTY year
term, the withdrawing agency must provide to the NextGen RCS Board of Directors and the
Sheriff's Department no less than a one year written notice of intent to terminate participation.
In the event there are extensions to the NextGen RCS Agreement, written notice of termination
must be given no less than 120 days prior to the end of the extension.
15.2 Conditions of Termination. A NextGen RCS Party may terminate pursuant to
Section 15.1 on the following conditions:
15.2.1 The terminating NextGen RCS Party must return to the Sheriff's
Department all County -purchased equipment unless the Sheriff's Department determines
otherwise.
15.2.2 The terminating NextGen RCS Party is responsible for any and all NextGen
RCS debts attributable to that NextGen RCS Party, regardless of extra -contractual consequences
of termination, including but not limited to breach by the terminating NextGen Party of its own
financing obligations or CSA 135 obligations.
15.2.3 If a terminating NextGen RCS Partybrought frequencies to the NextGen
RCS, the terminating NextGen Party and the NextGen RCS Board of Directors shall negotiate in
good faith a settlement that either returns the same or equivalent operable frequencies to the
terminating NextGen Party, or provides equitable compensation if frequencies are left with the
NextGen RCS.
NextGen RCS Agreement
Page 18 of 19 December 3, 2013
16. GOVERNING LAW
This NextGen RCS Agreement shall be governed, interpreted, construed and enforced in
accordance with the laws of the State of California.
17. DISPUTE RESOLUTION
NextGen RCS Parties shall meet, confer and attempt in good faith to resolve any disputes
involving performance under this NextGen RCS Agreement. Disputes that are not resolved by the
NextGen RCS Parties shall, upon written request by any one of the NextGen RCS Parties involved in the
dispute, be submitted to non -binding mediation by a mediator agreed upon by the NextGen RCS Parties
involved in the dispute. If the NextGen RCS Parties involved in the dispute cannot agree on a mediator,
they shall ask the American Arbitration Association to appoint a mediator. Each party shall bear its own
costs of participating in the mediation.
18. SIGNATURE PAGES
Each signature page shall include a description and reference to the source of authority
for the person who is signing to execute contracts on behalf of their NextGen RCS Party. This
NextGen RCS Agreement may be executed in several counterparts, each of which shall be
deemed an original and all of which shall constitute but one and the same agreement.
NextGen RCS Agreement
Page 19 of 19 December 3, 2013
Signature Page to NextGen RCS Agreement
Name of Party: County of San Diego
Party Authorization and Acceptance
On December 3. 2013 (Date), Item or Agenda No. 6,
the San Diego County Board of Supervisors
(Name of Governing Body)
Authorized the Undersigned
to Accept, Agree to and Execute This NextGen RCS Agreement on behalf of the
County of San Diego
(Name of Party)
As reflected in the attached Minute Order or similar documentation of the action taken.
Typed Name and Title of Authorized Party Official:
Thomas J. Pastuszka
Clerk of the Board of Supervisors
Signature of Authorized Party Official:
'11-0-vlitit,, i qn --
Date of Signature:
R.I. 13
Approv-d atorform and legality
Cou ty t othns-I
B
Senior Deputy
Meeting Date:
�l
By�L.&IYG Date: ialb�P
usury CI t the pQJrd Supervisors
Approved and/or authorized by the
Board of Sup•nrirs'jof the+County of San Di.
J Minute Order No._
Signature Page to NextGen RCS Agreement
Name of Party:
Party Authorization and Acceptance
On (Date), Item or Agenda No. ,
the
(Name of Governing Body)
Authorized the Undersigned
to Accept, Agree to and Execute This NextGen RCS Agreement on behalf of the
(Name of Party)
As reflected in the attached Minute Order or similar documentation of the action taken.
Typed Name and Title of Authorized Party Official:
Signature of Authorized Party Official: , . , .
Date of Signature:
List of Exhibits
Exhibit A
San Diego County -Imperial County Regional Communications System Agreement of March 7,
1995
Exhibit B
1995 RCS Parties
Exhibit C
Estimated RCS NextGen System Cost. (Includes Exhibit C-1, C-2, and C-3)
Exhibit C-1
Cost Apportionment for San Diego County Shared Infrastructure Per Party
Exhibit C-2
Cost Apportionment for RCS NextGen Core (Portion of the Shared Infrastructure Cost)
Exhibit C-3
Cost Apportionment for the Combined Infrastructure and RCS NextGen Core
Exhibit D
Potential New RCS NextGen Parties
NextGen RCS Agreement December 3, 2013
Exhibit A
"San Diego County -Imperial County Regional Communications System
Agreement of March 7, 1995"
NextGen RCS Agreement December 3, 2013
Exhibit A
San Diego County - Imperial County
Regional Communications System
Agreement
Between the County of San Diego and Participating Cities and
Jurisdictions Regarding the Implementation, Governance, Method
of Funding and Costs of a Regional Radio System Providing
Communication Services to Public Safety and Public Service
Agencies Operating in San Diego County and Imperial County.
March 7, 1995
San Diego County - Imperial County
REGIONAL COMMUNICATIONS SYSTEM AGREEMENT
Table of Contents
9in Otago County-ImparislCouray
Itadisew1Commveleationt System
SECTION SUMMARY
PAGE
1. Purpose and intent of Agreement 1
2. Regional Communications System (RCS) Overview
3. Agreement Contingencies 2
4. RCS Participants 2
5. Additional Participants 2
6. Performance Requirements
3
7. RCS Access Priorities 3
8. RCS Governance
3
9. Roles and Responsibilities 4
10. RCS Member Board 4
11. RCS Board of Directors 6
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 9
10. Department of Information Services Support Staff Role 9
17. Agency Costs and CSA Benefit Charges 10
18. Point of Demarcation - Responsibility of Equipment 13
19. Purchase of RCS Compatible Equipment 13
20. Term of Agreement; Entire Agreement 13
21. Agreement Modification
22. Termination of Agreement
13
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 Agncy Agreement
1. 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 service agencies
operating in the counties of San Diego and Imperial.
1.2. Nothing in thisAgreement is intended tolessen 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 MOS 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:
Participating Agency Agreement
Sri D NO County-Iepee4i Goat,
Maori Cosunuelastions *Km
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. All law enforcement, fire service, disaster preparedness and participating
public service agencies in San Diego County and Imperial County shall
have access to mutual aid communications capabilities.
2.6. Communications with agencies that have installed their own 800 MHz radio
systems shall be facilitated via interfaces to the RCS.
3. Agreement Contingencies
This agreement is void unless financing for the radio system infrastructure is
approved by the San Diego County Board of Supervisors and the necessary
financing closes. As to the County of Imperial, this Agreement shalt terminate if a
CSA or other funding 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 Moe Caw,g•enpwldGowcy
tannenintlon.System
ferred to the RCS, if such action can result in enhanced radio
communications capabilities for all participants.
6. Performance Requirements
8.1. 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 indudes 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
Participating Agency Agreement
Ban Mayo Coun* • rnpwW County
%loadtonrnuNoagona6yarrn
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 "D' 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
6M Plop Coat" -tnprulCounty
Gamesidaatiora Spurn
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 Sheriffs designate.
11.2.1.2. The representative for the County of San Diego 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 Sheriffs Office
shall be the Sheriff or a designate.
March 7. 1995
Page 5
Participating Agency Agreement
SrDlyoCounty -uIfId iCumy
Rigisesilr...r+uwnf .*rum
11.2.2.2. The representative for the County of Imperial shall be
the CAO or a designate.
11.2.2.3. The muniapal 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 who 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
by appropriate 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.
11.4.8. Developing and approving RCS operating policies and proce-
dures.
March 7, 1995
Page 6
Sa+orr Canyr-Ygw+rCoa.ty
Participating Agency Agreement
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 Director's
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. Sheriff's 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. Sheriff's Department
12.1.2.2. County Representative
12.1.2.3. Municipal Police
12.1.2.4. Municipal Fire
March 7, 1995
Page 7
Participating Agency Agreement
San Pimp County - Imperlal county
Nyland Csnnrdc esin%sum
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. The appointing 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 or 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
sanowo Canvey -Inep..wcooty
Reeked ComwNe Oystan
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 as members of the public,
but shaft 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
shaft 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 altemate 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.
18.5. 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
9a"Dlyd Count,y -ImparlalCounti
R.Mo,d tonnna nlc.U"n. thrum
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
redo 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.
18.6. 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.
Mardi 7, 1996
Page 10
Participating Agency Agreement
Sow Pap away IrywlotCounty
RailasalCorintualcatiolw 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
subsequent to 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 NB", 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.
(EKAMPLE if Santee decides to Join the RCS alter five years of
the 15 year agreement have passed, their costs will include:
(1) their estimated one-time costs as shown in Exhibit 13" and,
(2) associated financing costs for the first five yews, as shown
in Exhibit
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
Participating Agency Agreement
San Map County • YnparW Gouroy
RywntCoaanunkatiooasyat m
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
SasMyo County -M¢aloiGaatty
Rglotilcammunkatla.ey t m
17.61. 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 Olyo County- ImprrW County
r .+�
Rylood Communication *stain
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 the jurisdiction 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
Participating Agency Agreement
IN WITNESS WHEREOF, the parties hereto do affix their signatures.
COUNTY OF SAN DIEGO
Board of Supervisors Approval
Date: MAR 7 1495 By
CITY OF CARLSBAD
Council Approval
Date: KARO1 22, 1995
CITY OF DEL MAR
Council Approval
Date: � 3-9's
CITY OFENCINITAS
Council Approval
Date: Msaaa 22_ legs
CITY OF IMPERIAL BEACH
Council Approval
Date• By
CITY OF LEMON GROVE
Council Approval
Date• By
CITY OF POWAY
Council Approval
Date: Li -18' q5
CITY OF SAN MARCOS
Council p val
Date. 41 /I 75-
CITY OF SOLANA BEACH
Council gpprovai-
Date: 7 -�IS
BY
sanaa . C.ounty • imporialCouoq
IlglorriCo micaYoAsystem
By
Mayor
Mayor
Mayor
Mayor
March 7, 1995
Mann 1S
SamOlage County - Immix! County
Ryimai Cam+uusirageno Byrum
Exhibit "A"
Participating Agency Agreement
PARTIES TO THE MARCH 7, 1995 AGREEMENT
1. Alpine Fire Protection District
2. Bonita-Sunnyside Fire Protection District
3. Borrego Springs Fire Protection District
4. City of Carlsbad
5. City of Del Mar
6. City of Encinitas
7. City of Imperial Beacjt
8. City of Lemon Grove
9. City of Poway
10. City of San Marcos
11. City of Solana Beach
12. City of Vista
13. California Department of Transportation, District 11
14. County of Imperial (all county and city public safety agencies, ail territories)
15. County of San Diego (county public safety and service agencies)
16. Deer Springs Fire Protection District
17. East County Fire Protection District
18. Heartland Communications Dispatch Facility JPA
19. Julian - Cuyamaca Fire Protection District
20. Lakeside Fire Protection District
21. Lower Sweetwater Fire Protection District
22. North County Dispatch JPA
23. Pine Valley Fire Protection District
24. Rancho Santa Fe Fire Protection District
25. Rural Fire Protection District
26. San Miguel Consolidated Fire Protection District
27. Valley Center Fire Protection District
March 7. 1995
Exhibit "B"
Participating Agency Agreement
ESTIMATED AGENCY ONE-TIME COSTS
Combined Voice and Data Backbone
SonOtyo Ceeror-tr.pmecomrg,
AS
1igl.nd Csu.uNatlar 5Ment
time Pelee
,r.., araner Air COW 4ne•Th v nee. owe
e✓ aeeea ev7W derdar aerM Arsifa/ Awn, o..
Amok' 17Mr- a...ruk. swat one x- are.*44rx Oerrt't este
Unincorporated 178,479 1,124,170 31.28%
Carlsbad 34,851 203.725 6.67%
OM Mar 400 19.533 054%
Enctattas 19,785 158,735 a 4.42%
Imperial Beech 4,998 63,198 1.78%
Lenten Grow 8.940 65,225 1.81%
Poway 14,445 111,924 111%
Ian Matson 12,878 118,743 3.30%
Solve Bosch 12,900 47,866 1.33%
Vida 19,630 203,328 5.88%
Chula Vista
Coronado
El Cajon
La Mesa
NsUanst City
Oceanside
Santee
35.652 360,726
10458 82,388
17,918 240.390
18.051 168,820
8.823 113.982
45810 408,690
125,247
14,596
10.04%
1.74%
6,68%
4.89%
117%
11.32%-
148%
S2,498,525
452,790
43,413
352797
140,481
144,969
248.757
263.913
105,939
451.907
801,733
138,661
533,991
374,767
253,331
903,889
278,368
58.756,256
1,588,850
152,127
1,96,259
492,198
507,985
871.688
924,794
371,228
1,583.555
8300,874 81.054,312
54,5775 191,085
5,228 18,319
42484 148,871
18,914 0271
17.457 61,172
29.955 104.969
31,780 111,364
12757 44,703
54,419 190,893
2801091961900010100
2.809.405 96.545 338,.310
485,890
1,871,192
1,313.246
887,714
3,167,377
975,448
10,898
84,303
45,130
30,506
108,847
33,521
58,511
225.330
158,112
108,699
381,417
117,464
TOTAL
449,818 2,594,1$1 180% 87tadd,212 $27.882,013 484Y.944 8.310.111
• Based on 1994 counts. goes not include Benefit Unils for trailer parks in the cities, The approach son needs lobe refined with the individual cities.
Cale One -tints cost is for backbone only. It does not include agency integration costs.
"••• Based on 8.5% annual percentage rate.
March 7, 1995
a.nMos c«.IV•rNrWcoway
Exhibit "C"
Participating Agency Agreement
ESTIMATED COSTS OF AGENCY ENTERING SYSTEM AFTER MARCH 7, 1995
City of Santee
IratamilCamialcaclotaeyasen
Number of Benefit Units 125,247
Percent of Total Benefit 3.48%
Financing Costs of One Time Cost for 15 Years at 8.5% APR
Principal • Financing Total Annual Payment
$975,448 $786,510 S1,761,958 5117,464
Annual Payment If Join in Year
Year Annual Payment
1 $117,464
2 $125,854
3 $135,535
4 $146,830
5 $160.178
6 $176,196
7 $195,773
' a $220,245
9 $251,708
10 5293,660
11 $352,392
12 $440,490
13 $587,319
14 $880.979
15 $1,761,958
Annual Payment for Late Starting Agencies 1
2000000
1500000
e
500000
0
1 2 3 4 5 6 7 ! 0 10 11 12 13 14 15
Stalling Y.
ma Annual Payment
March 7, 1995
Exhibit "D"
Participating Agency Agreement
GOVERNANCE STRUCTURE
San Diego County
Board of Supervisors
RCS
Committees
V
RCS
Board of Directors
San Moo Casty - !County
phii
p� f, _
Ragland Comounkatimikeyerram
RCS
Mei ber Board
Member Agency
County Staff
Reporting Relationships,
Lines of Communication
March 7, 1995
Exhibit B
1995 RCS Parties
1995 RCS Parties
Status
Alpine Fire Protection District
Existing
Bonita-Sunnyside Fire Protection District
Existing
Borrego Springs Fire Protection District
Existing
City of Carlsbad
Existing
City of Chula Vista
Existing
City of Coronado
Existing
City of Del Mar
Existing
City of El Cajon
Existing
City of Encinitas
Existing
City of Escondido
Existing
City of Imperial Beach
Existing
City of La Mesa
Existing
City of Lemon Grove
Existing
City of National City
Existing
City of Oceanside
Existing
City of Poway
Existing
City of San Marcos
Existing
City of Santee
Existing
City of Solana Beach
Existing
City of Vista
Existing
County of San Diego
Existing
Deer Springs Fire Protection District
Existing
Heartland Communications Facility Joint Powers Authority
Existing
Imperial Valley Emergency Communications Authority (IVECA)
Existing
Julian-Cuyamaca Fire Protection District
Existing
Lakeside Fire Protection District
Existing
Metropolitan Transit System
Existing
Mira Costa Community College District
Existing
North County Dispatch Joint Powers Authority
Existing
North County Fire Protection District
Existing
North County Transit District
Existing
Rancho Santa Fe Fire Protection District
Existing
San Diego Rural Fire Protection District
Existing
San Diego Unified Port District
Existing
San Miguel Consolidated Fire Protection District
Existing
Santee School District
Existing
State of California Department of Transportation (Caltrans)
Existing
State of California, California Highway Patrol/EI Cajon CHP
Existing
Valley Center Fire Protection District
Existing
Viejas Reservation Fire Department
Existing
Vista Fire Fire Protection District
Pine Valley Fire Protection District'
Existing
Former
Padre Dam Water District2
Former
East County Fire Protection District3
Former
'Original Signator - Never came on system (no radios on system)
2Terminated RCS Agreement on January 7, 2013
'Consolidated with San Miguel Consolidated Fire District in 2008
NextGen RCS Agreement
December 3, 2013
Exhibit C
Estimated RCS NextGen System Cost
NextGen Shared Infrastructure Cost
ess estimated) IVECA' Infrastilicture of $9 Million (includes estimated
%port+onal share of NexGen core)
Less Gran 'CST st;F'nd
'adInfrastiucture Costs to be Apportioned
A _ n RCS Parties_
$ 105 000 (itC
(9,000,000)
(10 000,000)
86,000,000
Total Estimated NextGen Parties Subscriber Radio Count
13,953
"glnetireMlairaiM.:0" wag
1. Divide the Remaining Costs to be Apportioned by the Total Estimated NextGen Parties Subscriber Radio Count. Multiply this
number by the projected average number of your agency's subscriber radios for the two dates.
Formula
Remaining Costs to be Apportioned
Estimated Total Subscriber Radio Count
Example
X
Two Year Average
Radio Count
1. Agency X has an average of 50 radios for the two dates.
2. Total Estimated Cost of System divided by the Total Estimated Parties Subscriber Radio Count is $6,164
3. Fifty (50) subscriber radios X $6,164 estimated cost = Estimated Agency Cost $308,177
Estimated
Agency Cost for
Shared
Infrastructure
NextGen RCS Agreement December 3, 2013
Exhibit C-1
Cost Apportionment for San Dieeo County Shared Infrastructure Per Party: Costs are apportioned in two categories --
infrastructure and core. Below are the estimated shared infrastructure apportionment costs per agency
San Diego County Party Name
Radio Count
9/1/13
Radio Count
7/1/2014
Average
Radio Count
Estimated Cost for
San Diego Shared
Infrastructure
Alpine Fire Protection District
26
Bonita-Sunnyside Fire Protection District
16
Borrego Springs Fire Protection District
21
City of Carlsbad
436
City of Chula Vista
694
City of Coronado
182
City of Del Mar
97
City of El Cajon
460
City of Encinitas
246
City of Escondido
752
City of Imperial Beach
117
City of La Mesa
291
City of Lemon Grove
95
City of National City
284
City of Oceanside
744
City of Poway
296
City of San Marcos
419
City of Santee
176
City of Solana Beach
58
City of Vista
284
County of San Diego
5,848
Deer Springs Fire Protection District
21
Heartland Communications Facility JPA
12
Julian-Cuyamaca Fire Protection District
29
Lakeside Fire Protection District
98
Metropolitan Transit System
251
Mira Costa Community College District
20
North County Dispatch JPA
18
North County Fire Protection District
127
North County Transit District
33
Rancho Santa Fe Fire Protection District
92
San Diego Rural Fire Protection District
107
San Diego Unified Port District
299
San Miguel Consolidated Fire Protection District
135
Santee School District
44
State of CA Department of Transportation (Caltrans)
893
State of California, CA Highway Patrol/EI Cajon CHP
174
Valley Center Fire Protection District
25
Viejas Reservation Fire Department
33
Potential New Party
Potential New Party
Potential New Party
TOTAL
13,953
-
-
NextGen RCS Agreement
December 3, 2013
Exhibit C-2
Cost Apportionment for RCS NextGen Core (Portion of the Shared Infrastructure Costs): Costs are apportioned in
two categories --infrastructure and core. Below are the estimated RCS NextGen Core apportionment costs per agency
for both San Diego County agencies and the Imperial Valley Emergency Communications Authority (IVECA).
San Diego County Parties & IVECA
Radio Count
9/1/13
Radio Count
7/1/2014
Average
Radio Count
Estimated Cost for
RCS NextGen Core
Alpine Fire Protection District
26
Bonita-Sunnyside Fire Protection District
16
Borrego Springs Fire Protection District
21
City of Carlsbad
436
City of Chula Vista
694
City of Coronado
182
City of Del Mar
97
City of El Cajon
460
City of Encinitas
246
City of Escondido
752
City of Imperial Beach
117
City of La Mesa
291
City of Lemon Grove
95
City of National City
284
City of Oceanside
744
City of Poway
296
City of San Marcos
419
City of Santee
176
City of Solana Beach
58
City of Vista
284
County of San Diego
5,848
Deer Springs Fire Protection District
21
Heartland Communications Facility JPA
12
Julian-Cuyamaca Fire Protection District
29
Lakeside Fire Protection District
98
Metropolitan Transit System
251
Mira Costa Community College District
20
North County Dispatch, JPA
18
North County Fire Protection District
127
North County Transit District
33
Rancho Santa Fe Fire Protection District
92
San Diego Rural Fire Protection District
107
San Diego Unified Port District
299
San Miguel Consolidated Fire Protection District
135
Santee School District
44
State of CA Department of Transportation (Caltrans)
893
State of California, CA Highway Patrol/EI Cajon CHP
174
Valley Center Fire Protection District
25
Viejas Reservation Fire Department
33
IVECA* _ ...
... 1,302
Potential New Party
Potential New Party
Potential New Party
TOTAL
*IVECA will pay for infrastructure for Imperial County (an estimated $ 9,000,000) and a portion of the NextGen core costs.
NextGen RCS Agreement
December 3, 2013
Exhibit C-3
Cost Apportionment for the Combined Infrastructure and RCS NextGen Core: Costs are apportioned in two categories --
infrastructure and core. Below are both the estimated Combined Infrastructure and RCS Core apportionment costs per
agency.
San Diego County Parties & IVECA
Exhibit C-i
Estimated Cost for
San Diego Shared
Infrastructure
+
Exhibit C-2
Estimated Cost
for RCS NextGen
Core
c
Combined Estimated
Cost for San Diego
Shared Infrastructure
and NextGen RCS
Core (C-1 + C-2)
Alpine Fire Protection District
Bonita-Sunnyside Fire Protection District
Borrego Springs Fire Protection District
City of Carlsbad
City of Chula Vista
City of Coronado
City of Del Mar
City of El Cajon
City of Encinitas
City of Escondido
City of Imperial Beach
City of La Mesa
City of Lemon Grove
City of National City
City of Oceanside
City of Poway
City of San Marcos
City of Santee
City of Solana Beach
City of Vista
County of San Diego
Deer Springs Fire Protection District
Heartland Communications Facility JPA
Julian-Cuyamaca Fire Protection District
Lakeside Fire Protection District
Metropolitan Transit System
Mira Costa Community College District
North County Dispatch, JPA
North County Fire Protection District
North County Transit District
Rancho Santa Fe Fire Protection District
San Diego Rural Fire Protection District
San Diego Unified Port District
San Miguel Consolidated Fire Protection District
Santee School District
State of CA Department of Transportation (Caftrans)
State of California, CA Highway Patrol/EI Cajon CHP
Valley Center Fire Protection District
Viejas Reservation Fire Department
Potential New Party
Potential New Party
Potential New Party
TOTALS
NextGen RCS Agreement
December 3, 2013
Exhibit D
Potential New RCS NextGen Parties
Potential New Parties
Radio Count
Sept 1, 2013
Radio Count
July 1, 2014
Average Radio
Count
Barona Fire Department
35
Cajon Valley Union School District
125
California Department of Corrections & Rehabilitation Division of Adult Parole Operations
109
California Department of Corrections & Rehabilitation Office of Correctional Safety
13
California State University San Marcos (Police)
49
Grossmont Union High School District
128
Grossmont-Cuyamaca Community College
16
Jamul-Dulzura Unified School District
15
La Jolla Band of Luiseno Indians (La Jolla Tribal Police)
4
Los Coyotes Police Department
6
Olivenhain Municipal Water District
3
Palomar College
41
Pala Band of Mission Indians
25
Pauma Band of Luiseno Mission Indians (Pauma Band of Mission Indians)
21
Poway Unified School District
240
Ramona Water District Fire Department
21
Rancho Santa Fe Patrol
17
San Diego Association of Governments (SANDAG)
59
San Diego County Regional Airport Authority
164
San Diego Humane Society
34
San Diego State University (Police & Parking)
102
Southwestern College Police Dept.
22
Sycuan Band of the Kumeyaay Nation (Sycuan Fire/Police Department)
72
University of California San Diego (Police and Environment Health & Safety)
108
Vista Unified High School District
188
NextGen RCS Agreement December 3, 2013
RESOLUTION NO. 2014 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN AND
AMONG THE COUNTY OF SAN DIEGO AND PARTICIPATING CITIES AND
JURISDICTIONS REGARDING THE NEXT GENERATION REGIONAL
COMMUNICATIONS SYSTEM PROVIDING COMMUNICATION SERVICES TO
PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN DIEGO
COUNTY AND IMPERIAL COUNTY WITH AN ANTICIPATED COST OF$1.75 MILLION
AND ON -GOING MAINTENANCE COSTS PAYABLE BY MARCH 31, 2016
WHEREAS, the County's Regional Communications System has helped sustain
communications among the region's public safety and public service partners for emergency
and disaster response communications; and
WHEREAS, the Next Generation Regional Communications System ("NextGen
RCS") Agreement, which defines the terms and conditions of participation in the NextGen RCS
and provides incentives promoting early commitment to participation, was approved by the San
Diego County Board of Supervisors on December 3, 2013; and
WHEREAS, early commitment to participation is crucial to establishing system
requirements necessary to the contracting process and to give all parties an estimate of the cost
of participation because a 15% late signing financial penalty is included in the Agreement for
agencies that approve and sign this Agreement after March 31, 2014. For agencies that
approve and sign the Agreement after July 31, 2014, the late signing financial penalty is
increased to 25%; and
WHEREAS, the NextGen RCS Agreement will not immediately replace the 1995
RCS Agreement or existing customer agreements which will remain in effect until March 31,
2016; and
WHEREAS, National City's estimated costs to join the NextGen RCS Agreement
is $1,750,444 and on -going maintenance costs payable by 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 Next Generation Regional
Communications System Agreement between and among the County of San Diego and
participating cities and jurisdictions for communications services to public safety and public
service agencies operating in San Diego and Imperial County. Said Fifth Amendment to the
Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 18th day of February, 2014.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia Gacitua Silva
City Attorney
Ms. Leslie Deese
City of National City
December 12, 2013
Page 2
This NextGen Agreement will not immediately replace the 1995 RCS Agreement or existing
customer agreements will remain in effect until March 31st, 2016.
The NextGen RCS Agreement states that a financing mechanism will be made available by the
County (Section 3.6). The County does not yet have details regarding a finance mechanism for
interested Parties; however, the County is interested in learning which agencies may be
interested in participating in this financing mechanism. Please communicate your potential
desire to participate in such financing as a Party to this Agreement when you return your signed
Agreement. Your indications of potential desire to participate in financing does not in any way
obligate you to participate in County arranged financing.
Please submit your approved Agreement with completely filled in signature page with "wet
signature" to:
Tony W. Potter
San Diego County Sheriffs Department
ATTN: Wireless Services Division
5595 Overland Ave, Ste. 101
San Diego, CA 92123-1206
Your continued participation in the RCS helps to sustain communications interoperability among
the region's public safety and public service partners for emergency and disaster response
communications. I appreciate your prompt attention to this Agreement and look forward to your
continued participation in the RCS.
Please address any questions regarding the Agreement to Sue Willy, RCS Manager, by email
Sue.Willy@sdsherif£org or by telephone at (858) 694-3953.
Sincerely,
41L
DeChief Administrative Officer
RJL:SW:tp
Enclosure: NextGen RCS Agreement
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
February 25, 2014
Mr. Tony W. Potter
San Diego County Sheriff's Dept.
Attn: Wireless Services Division
5595 Overland Avenue, Suite 101
San Diego, CA 92123-1206
Dear Mr. Potter,
On February 18t, 2014, Resolution No. 2014-20 was passed and adopted by the City
Council of the City of National City, authorizing execution of an Agreement with the
County of San Diego and Participating Cities and Jurisdictions regarding the Next
General Regional Communications System.
We are forwarding a certified copy of the above Resolution and our approved Agreement
with a fully executed original signature page. After signature pages have been compiled
from other participating agencies, please send a fully executed copy of the Agreement
to us for our files.
Michael R. Dalla, CMC
City Clerk
Enclosures