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HomeMy WebLinkAbout2016 CON County of San Diego - Regional Communications System RCSAGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR PAYMENT OF NEXTGEN RCS INFRASTRUCTURE COSTS This Agreement ("Agreement") is entered into this 29th day of September 2016, (to be filled in by County Clerk of the Board) between the County of San Diego, a political subdivision of the State of California ("County"), and the City of National City ("City"). City and County shall be collectively referred to as the "Parties". RECITALS R.1 County and City have entered an 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"). R.2 Under Section 11.8 of the NextGen RCS Agreement, participating agencies pay a monthly operating fee based on the number of radios that they operate within the Next Generation Regional Communications System (NextGen RCS). R.3 Pursuant to the NextGen RCS Agreement, the County agrees to purchase a NextGen RCS and the Parties agree to share Backbone Infrastructure costs. The NextGen Agreement contemplates additional, separate agreements related to payments and possible financing. R.4 On February 2, 2016 (Item No. 5), the Board of Supervisors authorized the Clerk of the Board to execute payment agreements with the Next Generation Regional Communications System Parties on behalf of the County. Therefore, the parties agree as follows: AGREEMENT 1. Obligations of the Parties 1.1 County. County agrees to pay City's proportional Infrastructure costs as part of the NextGen procurement. 1.2 City. Beginning June 1, 2017, and each year thereafter for ten (10) years, City agrees that the City will pay an annual payment as described in section 11.4 of the NextGen RCS agreement, of $147,379.98. The annual payment of $147,379.98 is determined by the amortization schedule which is attached as Exhibit A. These annual payments will continue through June 30, 2026. Failure by the City to pay any portion of the annual fee will be a breach of section 11.4 of the NextGen RCS Agreement. These annual payments are separate and apart from the monthly operating fee referenced in R.2 of this agreement and 11.8 of the NextGen Agreement. 1.3 Early Payoff. During the term of this agreement, within 30 days of making the annual payment, the Agency will be permitted to retire their entire debt by paying it in full. Exhibit A, the amortization schedule, provides the amount to be paid in full for the term of the agreement. 2. No Third Party Beneficiaries. This Agreement is not intended to, and shall not be construed to, confer a benefit or create any right on any third party, or the power or right to bring an action to enforce any of its terms. 3. Amendments. This Agreement may be amended only by written instrument duly signed and executed by authorized representatives of the County and City. 4. Waiver. The waiver by either Party or any of its officers, agents or employees, or the failure of either Party or its officers, agents or employees to take action with respect to any right conferred by, or any breach of any obligation or responsibility of this Agreement, will not be deemed to be a waiver of such obligation or responsibility, or subsequent breach of same, or of any terms, covenants or conditions of this Agreement, unless such waiver is expressly set forth in writing in a document signed and executed by the appropriate authority of the County or of the City. 5. Authorized Representatives. The persons executing this Agreement on behalf of the Parties hereto affirmatively represent that each has the requisite legal authority to enter into this Agreement on behalf of its respective Party and to bind its respective Party to the terms and conditions of this Agreement. The person executing this Agreement on behalf of its respective Party understands that all Parties are relying on these representations in entering into this Agreement. 6. Successors in Interest. The terms of this Agreement will be binding on all successors in interest of each Party. 7. Severability. The provisions of this Agreement are severable, and the adjudicated invalidity of any provision or portion of this Agreement shall not in and of itself affect the validity of any other provision or portion of this Agreement, and the remaining provisions of the Agreement shall remain in full force and effect, except to the extent that the invalidity of the severed provisions would result in a failure of consideration or would materially adversely affect any Party's benefit of its bargain. If a court of competent jurisdiction were to determine that a provision of this Agreement is invalid or unenforceable and results in a failure of consideration or materially adversely affects any Party's benefit of its bargain, then the Parties agree to promptly use good faith efforts to amend this Agreement to reflect the original intent of the Parties. Except for this obligation to discuss amending this Agreement, no Party is obligated to agree to a new agreement or any amendment hereto. 8. Termination. This Agreement will be terminated once the Agency has made the final payment required under section 1.2. 9. Term of Agreement. The term of this Agreement is from the first business day following the date on which the last Party executes the Agreement through June 30, 2026, subject to Paragraph 8 above. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year above set forth. This Agreement shall be effective as of the first business day following the date on which the last Party executes it. CITY OF NATIONAL CITY COUNTY OF SAN DIEGO By `Date q / 6/1 h By Date on Morrison, Mayor David C. Hall, Clerk of the Board For San Diego County Board of Supervisors APPROVED AS TO FORM AND LEGALITY FOR COUNTY OF SAN DIEGO ff:i 9 /2 g/16 By: Mark Day, Senior Deputy Approved and/or authorized by the Board of Supe isors of the County of San Diego. Mee; g Date: Minute Order NoS D. e:t) the Board Supervisors City of National City Exhibit A - Amortization Schedule Annual Interest Rate 2.79% Years 10 Payments Per Year 1 Amount $ 1,270,762.58 Payment Number Payment Principal Interest Balance 1 ($147,379.98) ($111,925.70) ($35,454.28) $1,158,836.88 2 ($147,379.98) ($115,048.43) ($32,331.55) $1,043,788.45 3 ($147,379.98) ($118,258.28) ($29,121.70) $925,530.17 4 ($147,379.98) ($121,557.69) ($25,822.29) $803,972.48 5 ($147,379.98) ($124,949.15) ($22,430.83) $679,023.34 6 ($147,379.98) ($128,435.23) ($18,944.75) $550,588.11 7 ($147,379.98) ($132,018.57) ($15,361.41) $418,569.54 8 ($147,379.98) ($135,701.89) ($11,678.09) $282,867.65 9 ($147,379.98) ($139,487.97) ($7,892.01) $143,379.68 10 ($147,379.98) ($143,379.68) ($4,000.29) $0.00 RESOLUTION NO. 2016 — 140 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR PAYMENT OF THE NEXT GENERATION REGIONAL COMMUNICATION SYSTEM INFRASTRUCTURE COSTS TOTALING $1,270,762.58 WITHOUT INTEREST, WITH TEN ANNUAL PAYMENTS IN THE AMOUNT OF $147,379.98 (INTEREST RATE OF 2.79%). WHEREAS, on March 7, 1995, the County of San Diego and local governments, including National City, entered into an Agreement regarding implementation, governance, cost, and method of funding a regional radio system to provide communication services to public safety and public service agencies operating in San Diego County and Imperial County; and WHEREAS, The County's Regional Communications System (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; and WHEREAS, the County's Regional Communications System (RCS) has helped sustain communications among the region's public safety and public service agencies for emergency and disaster response communications, and is operated by the County Sheriff's Department with financial contributions from RCS parties; and WHEREAS, the 1995 RCS Agreement outlined three basic fiscal components to RCS Party participation 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; and WHEREAS, the 1995 RCS Agreement also established a RCS Board of Directors to make recommendations to the County Board of Supervisors, who have the ultimate fiscal and operational control over the RCS; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, the transition from the existing RCS to the NextGen RCS was to be implemented and facilitated by a NextGen RCS Agreement and would occur over the course of approximately five years; and WHEREAS, the Next Generation Regional Communications System (NextGen RCS) Agreement was approved by the San Diego County Board of Supervisors on December 3, 2013; and Resolution No. 2016 — 140 Page Two WHEREAS, the NextGen RCS Agreement establishes participation in the sharing of NextGen RCS Shared Backbone Infrastructure costs and NextGen RCS governance; and WHEREAS, 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; and WHEREAS, the NextGen RCS will include the following subsystems: a new trunked voice system, new microwave backhaul network, and a conventional voice system; and WHEREAS, on February 18, 2014, the City Council approved the NextGen RCS Agreement (Resolution # 2014-20), which estimated the cost for National City to join the NextGen RCS at $1,750,444; and WHEREAS, by approving this Agreement, National City and the other signing Parties authorized the County to amend Exhibit C — Estimated RCS NextGen System Cost to reflect the final system costs, without further approval by the Parties; and WHEREAS, the National City Police, Fire, Public Works, and Engineering Departments depended on the old RCS for mobile and portable radio communication; and WHEREAS, in an effort to reduce National City's costs for the new NextGen RCS, staff evaluated the number of radios that were necessary; and WHEREAS, as a result of this analysis, the City's Public Works/Engineering Department no longer use RCS portable or mobile radios, but rather, cellular phones to communicate; thereby reducing the cost to National City WHEREAS, pursuant to the NextGen RCS Agreement, the County agreed to purchase a NextGen RCS, and the Parties agreed to share the infrastructure costs by reimbursing the County through payment agreements; and WHEREAS, by entering into the NextGen RCS Agreement, all participating Parties authorized the County to amend Exhibit "C" (Estimated RCS NextGen System Cost) to reflect the final system costs in accordance with the cost apportionment method described in Section 11, without further approval by the Parties; and WHEREAS, the County awarded a contract for the NextGen RCS to Motorola Solutions Inc., for a total cost of $70,065,207; and WHEREAS, based on the total Motorola contract amount, the County provided final system costs and updated financing information to all NextGen RCS Parties, with National City's share in the amount of $1,270,762.58; and WHEREAS, on February 2, 2016, the Board of Supervisors authorized the Clerk of the Board to execute payment agreements with the NextGen RCS Parties on behalf of the County; and Resolution No. 2016 — 140 Page Three WHEREAS, all participating RCS agencies, including National City, had a choice to finance the full cost or pay the total in full; and WHEREAS, both funding options were considered during FY 17 budget development; and WHEREAS, the main issue discussed at that time was the projected deficit with planned use of Fund Balance for both FY 17 and FY 18; and WHEREAS, as a result of the discussion, staff budgeted, and the City Council approved, an annual payment; and WHEREAS, staff is recommending City Council finance the amount to preserve National City's current cash; and WHEREAS, if approved by the City Council, beginning on June 1, 2017, and each year thereafter for ten (10) years at an annual interest rate of 2.79%, National City would agree to pay an annual principle and interest payment of $147,379.98; and WHEREAS, the annual payments are separate from the monthly operating fees that will continue through June 30, 2026; and WHEREAS, although National City will be making payments over a 10 year period, the projected life span of the system is 20 years; and WHEREAS, there is no penalty for early pay off should funds become available to do so and/or should the City Council direct staff to do so; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the County of San Diego and the City of National City National City for payment of NextGen RCS infrastructure costs over a ten (10) year period at an annual interest rate of 2.79%, costing the City $203,037.22 in interest, with payments in the amount of $147,379.98 beginning June 1, 2017. PASSED and ADOPTED this 6th day of September 016. ATTEST: sr Michael R. Dalla, C. y Clerk dia Ga City Atto Ron Morrison, Mayor PROVED AS T•kORM: 009 tuaS Passed and adopted by the Council of the City of National City, California, on September 6, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California CI rk of the f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-140 of the City of National City, California, passed and adopted by the Council of said City on September 6, 2016. City Clerk of the City of National City, California By: Deputy City CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT Cta004.55 MEETING DATE: September 6, 2016 AGENDA ITEM NO, 22 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign the Agreement between the County of San Diego and the City of National City for payment of the Next Generation Regional Communication System (NextGen RCS) Infrastructure Costs totaling $1,270,762.58 without interest, with ten annual payments in the amount of $147,379.98 (interest rate of 2.79%). (Police and Fire) PREPARED BY: Frank Parra DEPARTMENT: p PHONE: 619-336-4551 APPROVED BY: EXPLANATION: See Staff Report. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Funds are appropriated in the following accounts: APPROVED: Fire: 001-412-125-470-0000 - $25,572.38; 001-412-125-480-0000 - $8,100.46 Police: 001-411-000-470-0000 - $86,353.32; 001-411-000-480-0000 - $27,353.82 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ,,,.Staff Report First Amendment to NextGen RCS Agreement Agreement for payment of NextGen RCS Infrastructure costs Resolution ::.0‘,v1\00 NoV4b STAFF REPORT Next Generation Regional Communication System (NextGen RCS) Since March 7, 1995, the County of San Diego and certain local governments, including National City, entered into an agreement regarding the implementation, governance, cost, and method of funding a regional radio system to provide communication services to public safety and public service agencies operating in San Diego County and Imperial County. The County's Regional Communications System (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. The RCS has helped sustain communications among the region's public safety and public service agencies for emergency and disaster response communications. The RCS is operated by the County Sheriff's Department with financial contributions from RCS parties. The 1995 RCS Agreement outlined three basic fiscal components to RCS Party participation 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. The 1995 RCS Agreement also established a RCS Board of Directors to make recommendations to the County Board of Supervisors, who have the ultimate fiscal and operational control over the RCS. 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. The transition from the existing RCS to the NextGen RCS was to be implemented and facilitated by a NextGen RCS Agreement and would occur over the course of approximately five years. The Next Generation Regional Communications System (NextGen RCS) Agreement was approved by the San Diego County Board of Supervisors on December 3, 2013. The NextGen RCS Agreement establishes participation in the sharing of NextGen RCS Shared Backbone Infrastructure costs and NextGen RCS governance. 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. 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. 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. 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 -1- 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. On February 18, 2014, the City Council approved the NextGen RCS Agreement (Resolution # 2014-20), which estimated the cost for National City to join the NextGen RCS at $1,750,444. By approving this Agreement, National City and the other signing Parties authorized the County to amend Exhibit C — Estimated RCS NextGen System Cost to reflect the final system costs, without further approval by the Parties. The National City Police, Fire, Public Works, and Engineering Departments depended on the old RCS for mobile and portable radio communication. However, in an effort to reduce National City's costs for the new NextGen RCS, staff evaluated the number of radios that were necessary. As a result of this analysis, the City's Public Works/Engineering Department no longer use RCS portable or mobile radios, but rather, cellular phones to communicate; thereby reducing the cost to National City. The First Amendment to the NextGen RCS Agreement was executed by the County on July 12, 2016, to amend Exhibit C — Estimated RCS NextGen System Cost including: 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 The County awarded a contract for the NextGen RCS to Motorola Solutions Inc. for $70,065,207. Based on the total contract amount, the County provided final system costs and updated financing information to all NextGen RCS Parties. National City's total proportional cost for the NextGen RCS is $1,270,762.58. On February 2, 2016, the Board of Supervisors authorized the Clerk of the Board to execute payment agreements with the NextGen RCS Parties on behalf of the County. All participating RCS agencies, including National City, had a choice to finance the full cost or pay the total in full. Both funding options were considered during FY 17 budget development. The main issue discussed at that time was the projected deficit with planned use of Fund Balance for both FY 17 and FY 18. As a result of the discussion, staff budgeted, and the City Council approved, an annual payment. Staff is recommending City Council finance the amount to preserve National City's current cash. If approved by the City Council, beginning on June 1, 2017, and each year thereafter for ten (10) years at an annual interest rate of 2.79%, National City would agree to pay an annual principle and interest payment of $147,379.98. (NOTE: The FY 17 budget assumed a higher interest rate (5%) and payment totalling $215,484, which the City will realize a savings of $68,000 this FY and in each of the following nine fiscal years). The amount to finance will cost National City $203,037.22 in interest expenses over the next 10 years. These annual payments are separate from the monthly operating fees and will continue through June 30, 2026. Although National City will be making payments over a 10 year period, the projected life span of the system is 20 years. There is no penalty for early pay off should funds become available to do so and/or should the City Council direct staff to do so. -2- First Amendment to Agreement Between and Among the County of San Diego and Parddpajng 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 rNextGen RCS Agreement") RECITALS RI. On December 3, 2013 (6), the Board of Supervisors for the County of San Diego authorized the Chief Administrative Officer to execute the NextGen RCS Agreement and this First Amendment which will amend Exhibit C to reflect the finalized system costs and oast apportionment. R2. The NextGen RCS Agreement wes executed on end about December 3, 3013, by the parties to the NextGen RCS Agreement. R3. The NextGen RCS Parties agreed to the NextGen RCS Shared Backbone Infrastructure cost apportionment set forth in NextGen RCS Agreement section 11.4 and related sections. R4. The NextGen RCS Parties agreed in NextGen RCS Agreement section 143 es follows: 14.3 Ede* 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 casts are known, the County is authorized by the NextGen RCS Pardee to emend Exhibit C of this NextGen RCS Agreement to reflect the final system costs In accordance with the exist apportionment method detcribed in section IL The NextGen Parties agree that the final Exhibit C as amended by the County and in accordance with the apportionment method described in .sect9on 11 (see, in particular, section 1LS) shall be the Legally -binding Exhibit C to this NextGen RCS Agreement without further approval by the NextGen RCS Parties. The County dial distribute the emended final Exhibit Cto the NextGen RCS Parties. Therefore, the NextGen RCS Agreement is amended as follows: The attached Final Exhibit C, including Exhibit C 1, C 2, and C-3 as Issued, replaces the original Exhibit C In its ent rety. COUNTY OF SAN DIEGO BY Ronald J. la , Deputy Chief Administrative Officer Public Group. County of San Diego -3- Medan RCS Agreement Arnendrnent 1 Exhibit C RCS Next6on Systurn Cost . . lioxteon $hired Inftasttuottoo Cost c..._,,=7:77-hc. = -.'r, • ^.44`;% $-.443''.. cl:. ' ,• .;:.1 1,t: :14, ,:4*7: . . . $ .1~: 3 (4$83,44$1 • VOW IV a U latiantfire Cost - -M1Q Misled InItirletiaunb Conic) be pportioned ornOr0Rail OOP County8lextean RC8 Part% $ e5s4Ig.704 To.*14010501060164:Prt imOiegotisidgen Pies. likaouRimer RIR. Court 114,70 ,. . postponidialor 0.443.2004Rilopovoitortb,t644. Jut, 12, 30L6 1 1 i i 1• 1 P4 �MVN ti /b WA 4" ti t t uI ;sb 4 4 1 11 ffi Ig Jib W b tl ID M NF v a a 1 sH VAR bb E M N bbb 1 tr. is St Immo t •. .itli !i _ 1 il x I i 1 I I fifif "ill � 1Iv"f111f1P fC��' f .9 I." il I 11 fi+ S ins ma 9S VI-O it 503.8 &i1 �S Jo kin Aera.f to Bn 4sq. 1.1C 1 1 1 i N N� N,fM1 N N NM a.b� Huh N'l7'f/f tV' i- N h H " H N N NNF Alifilifilit h� V� N �fA iM1 ry. NAM I�'�/►.N y�► y� ,y, N 11 q 1N g j µ H 0r1 q N N N III 1, M hiti H'O�- � NNhNNN 1+ N I.N y� mmfwN � 1.1. � � � � NNHH M1uY J Y q:4 W .i t ANN �eV�i�Ii � � • NN N O NiN � �7 NF-N �q iW.,q � V N�V.�p- J F+ v a S 71 S 57 2! 355.57 S 92_72tId N�Vf h�U�NgN{/.NNh 1.. b V + x A iw �+ Is�o� R if IJJmmIJuINj. MA H b►Nh bs�(1. L.N HN NMNH 7AN V MN'HNNNHNN t �_ OY N'M-L4N OO G t1l H �A to H CCCl4a..9 N Np NMNNHN AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR PAYMENT OF NEXTGEN RCS INFRASTRUCTURE coy - This Agreement ("Agreement") is entered into this day of 2016, (to be filled in by County Clerk of the Board) between the County of San Diego, a political subdivision of the State of California ("County"), and the City of National Clty ("City"). City and County shall be collectively referred to as the "Parties". RECITALS R.1 County and City have entered an 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 San Diego County and Imperial County ("NextGen RCS Agreement").Agencies Operating in R.2 Under Section 11.8 of the NextGen RCS ag operating fee based on the number of radios thathey operate eement,partincies within the New pay a monthly Communications System (NextGen RC3)Generation Regional . 1R.3 Pursuant to the NextGen RCS Agreement, the County agrees to purchase a NextGen RCS and the Parties agree to share Backbone Infrastructure costs. The NextGen Agreement contemplates additional, separate agreements related to payments and possible financing. R.4 On February 2, 2016 (Item No. 5), the Board of Supervisors authorized the Clerk of the Board to execute payment agreements with the Next Generation Regional Communications System Parties on behalf of the County. Therefore, the parties agree as follows: AGREEMENT 1. Obligations of the Parties 1.1 County. County agrees to pay City's proportional infrastructure costs as part of the NextGen procurement. L2 lay,. Beginning June 1, 2017, and each year thereafter for ten (10) years, City agrees that the Carty will pay an annual payment as described in section 11.4 of the NextGen RCS ag reement, of $147,379.98. The annual payment of $147,379.98 is determined by the amortization schedule which is attached as Exhibit A. These annual payments will continue through b the C to payany June 30, 2026. Failure y City portion of the annual fee will be a breach of section 11.4 of the NextGen RCS Agreement. These annual payments are separate and apart from the monthly operating fee referenced in R.2 of this agreement and 11.8 of the NextGen Agreement. -9- 1.3 Early Pavoff. During the tear of this agreement, within 30 days of making the annual payment, the Agency will be permitted to retire their entire debt by paying it In full. Exhibit A, the amortization schedule, provides the amount to be paid in full for the terra of the agreement. 2. No Third Party Benefideries. This Agreement is not intended to, and shall not be construed to, confer a benefit or create any right on any third party, or the power or right to bring an action to enforce any of Its terms. 3. Amendments. This Agreement may be amended only by written instrument duly signed and executed by authorized representatives of the County and City. 4. Waiver. The waiver by either Party or any of its officers, agents or employees, or the failure of either Party or its officers, agents or employees to take action with respect to any right conferred by, or any breach of any obligation or responsibility of this Agreement, will not be deemed to be a waiver of such obligation or responsibility, or subsequent breach of same, or of any terms, covenants or conditions of this Agreement, unless such waiver is expressly set forth in writing in a document signed and executed by the appropriate authority of the County or of the City. 5. Authorized Representatives. The persons executing this Agreement on behalf of the Parties hereto affirmatively represent that each has the requisite legal authority to enter Into this Agreement on behalf of tts respective Party and to bind its respective Party to the terms and conditions of this Agreement The person executing this Agreement on behalf of Its respective Party understands that all Parties are relying on these representations In entering into this Agreement. 6. Successors in interest. The terns of this Agreement will be binding on all successors in interest of each Party. T. ,$ever'ability. The provisions of this Agreement are severable, and the adjudicated invalidity of any provision or portion of this Agreement shall not In and of Itself affect the validity of any other provision or portion of this Agreement, and the remaining provisions of the Agreement shall remain In full force and effect, except to the extent that the invalidity of the severed protons would result in a failure of consideration or would materially adversely affect any Party's benefit of its bargain. tf a court of competent Jurisdiction were to determine that a provision of this Agreement is invalid or unenforceable and results in a failure aeonsideration or materially adversely affects any Party's benefit of its bargain, then the Parties agree to promptly use good faith efforts to amend this Agreement to reflect the original intent of the Parties. Except for this obligation to discuss amending this Agreement, no Party is obligated to agree to a new agreement or any amendment hereto. S. Terminatlon. Thls Agreement will be terminated once the Agency has made the final payment required under section 1.2. -10- 9. Term of Agreement. The term of this Agreement is from the first business day following the date on which the last Party executes the Agreement through June 30, 2026, subject to Paragraph 8 above. IN WITNESS WHEREOF, the Parties have executed this eement as of the day and year above set forth. This Agreement shall be effective as of the first business day following he date on hick last Party executes it. which the CITY OF NATIONAL CITY COUNTY OF SAN DIEGO By Date By Date David C. Hall, Clerk of the Board For San Diego County Board of Supervisors APPROVED A5 TO FORM AND LEGALITY FOR COUNTY OF SAN DIEGO By: Mark Day, Senior Deputy -11- city of National aty Faddbtt A - Amortization Schedule Anneal Interest Rate . 2.79% Years 10 Payments Per Year 1 (Amount $ 1,270,762.58 Payment Number Payment Principal Interest 'Balance 1 ($147,379.981. ($111,925.70) ($35,454.28) ' $1,158,836.88 2 ($147,379.98) ($115,048.43), ($32,331.55). $1,043,78845 3 ($147,379.98), ($118,258.28) ($29,121.70) $925,530.17 4 ($147,379.98) ($121,557.69) ($25,822.29) $803,972.48 5 ($147,379.98) ($124,949.15), ($22,430.83), $679,023.34 6 ($147,379.981 1$128,435.231 ($18,944.75) $550,588,11 ($/47,379.481 ($132,018.57) ($15,36141L $418,569.54 7 8 ($147,379.981 ($135,701.89); ($11,678.09L $281,867.55 9 ($147,379.98). ($139,487.971 07,892.011 $143,379.68 10 ($147,379.98) ($143,379.68). ($4,00029)_ $0.00 _12_ RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR PAYMENT OF THE NEXT GENERATION REGIONAL COMMUNICATION SYSTEM INFRASTRUCTURE COSTS TOTALING $1,270,762.58 WITHOUT INTEREST, WITH TEN ANNUAL PAYMENTS IN THE AMOUNT OF $147,379.98 (INTEREST RATE OF 2.79%). WHEREAS, on March 7, 1995, the County of San Diego and local governments, including National City, entered into an Agreement regarding implementation, governance, cost, and method of funding a regional radio system to provide communication services to public safety and public service agencies operating in San Diego County and Imperial County; and WHEREAS, The County's Regional Communications System (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; and WHEREAS, the County's Regional Communications System (RCS) has helped sustain communications among the region's public safety and public service agencies for emergency and disaster response communications, and is operated by the County Sheriff's Department with financial contributions from RCS parties; and WHEREAS, the 1995 RCS Agreement outlined three basic fiscal components to RCS Party participation 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; and WHEREAS, the 1995 RCS Agreement also established a RCS Board of Directors to make recommendations to the County Board of Supervisors, who have the ultimate fiscal and operational control over the RCS; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, the transition from the existing RCS to the NextGen RCS was to be implemented and facilitated by a NextGen RCS Agreement and would occur over the course of approximately five years; and WHEREAS, the Next Generation Regional Communications System (NextGen RCS) Agreement was approved by the San Diego County Board of Supervisors on December 3, 2013; and Resolution No. 2016 — Page Two WHEREAS, the NextGen RCS Agreement establishes participation in the sharing of NextGen RCS Shared Backbone Infrastructure costs and NextGen RCS governance; and WHEREAS, 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; and WHEREAS, the NextGen RCS will include the following subsystems: a new trunked voice system, new microwave backhaul network, and a conventional voice system; and WHEREAS, on February 18, 2014, the City Council approved the NextGen RCS Agreement (Resolution # 2014-20), which estimated the cost for National City to join the NextGen RCS at $1,750,444; and WHEREAS, by approving this Agreement, National City and the other signing Parties authorized the County to amend Exhibit C — Estimated RCS NextGen System Cost to reflect the final system costs, without further approval by the Parties; and WHEREAS, the National City Police, Fire, Public Works, and Engineering Departments depended on the old RCS for mobile and portable radio communication; and WHEREAS, in an effort to reduce National City's costs for the new NextGen RCS, staff evaluated the number of radios that were necessary; and WHEREAS, as a result of this analysis, the City's Public Works/Engineering Department no longer use RCS portable or mobile radios, but rather, cellular phones to communicate; thereby reducing the cost to National City WHEREAS, pursuant to the NextGen RCS Agreement, the County agreed to purchase a NextGen RCS, and the Parties agreed to share the infrastructure costs by reimbursing the County through payment agreements; and WHEREAS, by entering into the NextGen RCS Agreement, all participating Parties authorized the County to amend Exhibit "C" (Estimated RCS NextGen System Cost) to reflect the final system costs in accordance with the cost apportionment method described in Section 11, without further approval by the Parties; and WHEREAS, the County awarded a contract for the NextGen RCS to Motorola Solutions Inc., for a total cost of $70,065,207; and WHEREAS, based on the total Motorola contract amount, the County provided final system costs and updated financing information to all NextGen RCS Parties, with National City's share in the amount of $1,270,762.58; and WHEREAS, on February 2, 2016, the Board of Supervisors authorized the Clerk of the Board to execute payment agreements with the NextGen RCS Parties on behalf of the County; and Resolution No. 2016 — Page Three WHEREAS, all participating RCS agencies, including National City, had a choice to finance the full cost or pay the total in full; and WHEREAS, both funding options were considered during FY 17 budget development; and WHEREAS, the main issue discussed at that time was the projected deficit with planned use of Fund Balance for both FY 17 and FY 18; and WHEREAS, as a result of the discussion, staff budgeted, and the City Council approved, an annual payment; and WHEREAS, staff is recommending City Council finance the amount to preserve National City's current cash; and WHEREAS, if approved by the City Council, beginning on June 1, 2017, and each year thereafter for ten (10) years at an annual interest rate of 2.79%, National City would agree to pay an annual principle and interest payment of $147,379.98; and WHEREAS, the annual payments are separate from the monthly operating fees that will continue through June 30, 2026; and WHEREAS, although National City will be making payments over a 10 year period, the projected life span of the system is 20 years; and WHEREAS, there is no penalty for early pay off should funds become available to do so and/or should the City Council direct staff to do so; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the County of San Diego and the City of National City National City for payment of NextGen RCS infrastructure costs over a ten (10) year period at an annual interest rate of 2.79%, costing the City $203,037.22 in interest, with payments in the amount of $147,379.98 beginning June 1, 2017. PASSED and ADOPTED this 6th day of September, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Daila, City Clerk Claudia Gacitua Silva City Attorney 1 RON LANE DEPUTY CHIEF ADMINISTRATIVE OFFICER July 12, 2016 Ms. Leslie Deese City Manager City of National City 1243 National City Blvd. National City, CA 91950 Dear Ms. Deese: Loixntg u£ $an prego PUBLIC SAFETY GROUP 1600 PACIFIC HIGHWAY, ROOM 205, SAN DIEGO, CA 92101 (619) 531-4535/fax (619) 232-2436 FIRST AMENDMENT TO NEXTGEN RCS AGREEMENT RECEIVED JUL 252016 CITY OF NATIONAL CITY CITY MANAGER'S OFFICE The County has successfully awarded a contract for the Next Generation Regional Communications System (NextGen RCS) to Motorola Solutions Inc. for $70,065,207. Based on the total contract amount, the County is now able to provide final system costs and updated financing information to all NextGen RCS Parties. As stated in Section 14.3 of the NextGen RCS Agreement, the County is authorized to amend Exhibit C of the Agreement to reflect the final system costs in accordance with the cost apportionment method described in Section 11. The First Amendment to the NextGen RCS Agreement was executed by the County on July 12th to amend Exhibit C (including C-1, C2, and C-3) and is enclosed. In addition to the First Amendment, an invoice for your agency's total portion of the Shared Infrastructure costs is enclosed should you choose to pay the amount in full. Your agency's total costs can be located on Exhibit C3. Per the NextGen RCS Agreement, the County will provide a funding mechanism for those agencies that choose not to pay the full amount within sixty (60) days. Based on previous communications, the County believes your agency intends to finance your NextGen RCS Shared Infrastructure obligation through the County. A copy of the County finance agreement is attached for approval. Please sign two original copies of the finance agreement and return by September 30, 2016 to the following address: County of San Diego, NextGen RCS 5595 Overland Avenue, Suite 101 San Diego, CA 92123-1206 Attn: Sue Willy, RCS Manager e Ms. Leslie Deese Page 2 July 12, 2016 If, for any reason, your agency is unable to execute the agreement by September 30, 2016 or if your agency is no longer plans to finance through the County please contact Sue Willy, RCS Manager, by email sue.willy(&,sdsheriff.org or by telephone at (858) 694-3953. Thank you for your participation in the NextGen RCS. Sincerely, eina/J. e Deputy Chief Administrative Officer RJL:SW:bf Enclosure: Executed First Amendment Final Exhibit C Finance Agreement Amortization Schedule — Exhibit A to Finance Agreement Invoice First Amendment to 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") RECITALS R1. On December 3, 2013 (6), the Board of Supervisors for the County of San Diego authorized the Chief Administrative Officer to execute the NextGen RCS Agreement and this First Amendment which will amend Exhibit C to reflect the finalized system costs and cost apportionment. R2. The NextGen RCS Agreement was executed on and about December 9, 2013, by the parties to the NextGen RCS Agreement. R3. The NextGen RCS Parties agreed to the NextGen RCS Shared Backbone Infrastructure cost apportionment set forth in NextGen RCS Agreement section 11.4 and related sections. R4. The NextGen RCS Parties agreed in NextGen RCS Agreement section 14.3 as follows: 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. Therefore, the NextGen RCS Agreement is amended as follows: The attached Final Exhibit C, including Exhibit C-1, C-2, and C-3 as issued, replaces the original Exhibit C in its entirety. COUNTY OF SAN DIEGO By 71�z1�u Ronald J. Lan , Deputy Chief Administrative Officer Public Safe Group, County of San Diego APPR" AS 0 FORM AND LEGALITY COU' ?` C.4U .EL UY S IOR DEPUTY NextGen RCS Agreement - Amendment 1 Exhibit C RCS NextGen System Cost NextGen Shared Infrastructure Cost NextGen System Components - Shared Infrastructure Cost Total Shared Infrastructure Cost $ 70,065,207 Total IVECA Infrastructure Cost $ (4,385,443) Remaining Shared Infrastructure Costs to be Apportioned among San Diego County NextGen RCS Parties $ 65,679,764 Total Subscriber Radio Count Total County of San Diego NextGen Parties Subscriber Radio Count 14,782 Agency's Cost Apportionment Contained in C-3. Cost per radio for is $4,443.23 for San Diego County Agencies. July 12, 2016 NextGen RCS Agreement - Amendment 1 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 Cost for San Diego Shared Infrastructure Alpine Fire Protection District 26 26 26.0 $ 113,498.08 Bonita-Sunnyside Fire Protection District 16 16 16.0 $ 69,844.97 Borrego Springs Fire Protection District 21 21 21.0 $ 91,671.53 City of Carlsbad 436 440 438.0 $ 1,912,006.09 City of Chula Vista 694 646 670.0 $ 2,924,758.18 City of Coronado 182 180 181.0 $ 790,121.24 City of Del Mar 97 99 98.0 $ 427,800.45 City of El Cajon 460 442 451.0 $ 1,968,755.13 City of Encinitas 246 247 246.5 $ 1,076,049.09 City of Escondido 752 702 727.0 $ 3,173,580.89 City of Imperial Beach 117 119 118.0 $ 515,106.66 City of La Mesa 291 285 288.0 $ 1,257,209.49 City of Lemon Grove 95 95 95.0 $ 414,704.52 City of National City 284 288 286.0 $ 1,248,478.87 City of Oceanside 744 740 742.0 $ 3,239,060.55 City of Poway 296 303 299.5 $ 1,307,410.56 City of San Marcos 419 421 420.0 $ 1,833,430.50 City of Santee 176 178 177.0 $ 772,660.00 City of Solana Beach 58 62 60.0 $ 261,918.64 City of Vista 284 290 287.0 $ 1,252,844.18 County of San Diego 5,933 6,162 6047.5 $ 26,399,216.57 Deer Springs Fire Protection District 21 22 21.5 $ 93,854.18 Heartland Communications Facility IPA 12 12 12.0 $ 52,383.73 Julian-Cuyamaca Fire Protection District 29 28 28.5 $ 124,411.36 Lakeside Fire Protection District 98 93 95.5 $ 416,887.17 Mira Costa Community College District 20 22 21.0 $ 91,671.53 North County Dispatch IPA 18 18 18.0 $ 78,575.59 North County Fire Protection District 127 119 123.0 $ 536,933.22 North County Transit District 33 33 33.0 $ 144,055.25 Rancho Santa Fe Fire Protection District 114 121 117.5 $ 512,924.01 I. - 0.0 $ - San Diego Unified Port District 299 297 298.0 $ 1,300,862.59 San Miguel Consolidated Fire Protection District 135 116 125.5 $ 547,846.50 State of CA Department of Transportation (Caltrans) 893 849 871.0 $ 3,802,185.64 State of California, CA Highway Patrol/EI Cajon CHP 174 173 173.5 $ 757,381.41 Valley Center Fire Protection District 25 18 21.5 $ 93,854.18 Viejas Reservation Fire Department 33 33 33.0 $ 144,055.25 New Parties California State University San Marcos (Police) 49 52 50.5 $ 220,448.19 Olivenhain Municipal Water District 3 5 4.0 $ 17,461.24 Palomar College 41 41 41.0 $ 178,977.74 Poway Unified School District 240 243 241.5 $ 1,054,222.54 Ramona Water District Fire Department 21 21 21.0 $ 91,671.53 Rancho Santa Fe Patrol 17 17 17.0 $ 74,210.28 San Diego County Regional Airport Authority 164 181 172.5 $ 753,016.10 San Diego Humane Society 34 34 34.0 $ 148,420.56 San Diego State University (Police & Parking) 102 100 101.0 $ 440,896.38 San Pasqual Band of Mission Indians*** 32 33 32.5 $ 141,872.60 Sycuan Band of the Kumeyaay Nation (Sycuan Fire/Police Department) 72 72 72.0 $ 314,302.37 University of California San Diego (Police and Environment Health & Safety) 108 116 112.0 $ 488,914.80 Vista Unified High School District 188 204 196.0 $ 855,600.90 TOTAL 14,729 14,835 14,782.0 $ 64,528,023.05 ' The San Diego Rural Fire Protection District was dissolved on 7/1/16. All radios have been moved to the County of San Diego radio count. July 12, 2016 NextGen RCS Agreement -Amendment 1 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 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 Cost for RCS NextGen Core $1,254,277 Alpine Fire Protection District 26 26 26.0 $ 2,025.79 Bonita-Sunnyside Fire Protection District 16 16 16.0 $ 1,246.64 Borrego Springs Fire Protection District 21 21 21.0 $ 1,636.22 City of Carlsbad 436 440 438.0 $ 34,126.81 City of Chula Vista 694 646 670.0 $ 52,203.11 City of Coronado 182 180 181.0 $ 14,102.63 City of Del Mar 97 99 98.0 $ 7,635.68 City of El Cajon 460 442 451.0 $ 35,139.70 City of Encinitas 246 247 246.5 $ 19,206.07 City of Escondido 752 702 727.0 $ 56,644.27 City of Imperial Beach 117 119 118.0 $ 9,193.98 City of La Mesa 291 285 288.0 $ 22,439.54 City of Lemon Grove 95 95 95.0 $ 7,401.93 City of National City 284 288 286.0 $ 22,283.71 City of Oceanside 744 740 742.0 $ 57,812.99 City of Poway 296 303 299.5 $ 23,335.57 City of San Marcos 419 421 420.0 $ 32,724.34 City of Santee 176 178 177.0 $ 13,790.97 City of Solana Beach 58 62 60.0 $ 4,674.91 City of Vista 284 290 287.0 $ 22,361.63 County of San Diego 5,933 6,162 6047.5 $ 471,191.47 Deer Springs Fire Protection District 21 22 21.5 $ 1,675.17 Heartland Communications Facility JPA 12 12 12.0 $ 934.98 Julian-Cuyamaca Fire Protection District 29 28 28.5 $ 2,220.58 Lakeside Fire Protection District 98 93 95.5 $ 7,440.89 Mira Costa Community College District 20 22 21.0 $ 1,636.22 North County Dispatch, JPA 18 18 18.0 $ 1,402.47 North County Fire Protection District 127 119 123.0 $ 9,583.56 North County Transit District 33 33 33.0 $ 2,571.20 Rancho Santa Fe Fire Protection District 114 121 117.5 $ 9,155.02 San Diego Rural Fire Protection District' - - 0.0 $ - San Diego Unified Port District 299 297 298.0 $ 23,218.69 San Miguel Consolidated Fire Protection District 135 116 125.5 $ 9,778.34 State of CA Department of Transportation (Caltrans) 893 849 871.0 $ 67,864.04 State of California, CA Highway Patrol/El Cajon CHP 174 173 173.5 $ 13,518.27 Valley Center Fire Protection District 25 18 21.5 $ 1,675.17 Viejas Reservation Fire Department 33 33 33.0 $ 2,571.20 IVECA* 1,302 1,330 1316.0 $ 102,536.25 California State University San Marcos (Police) 49 52 50.5 $ 3,934.71 Olivenhain Municipal Water District 3 5 4.0 $ 311.66 Palomar College 41 41 41.0 $ 3,194.52 Poway Unified School District 240 243 241.5 $ 18,816.49 Ramona Water District Fire Department 21 21 21.0 $ 1,636.22 Rancho Santa Fe Patrol 17 17 17.0 $ 1,324.56 San Diego County Regional Airport Authority 164 181 172.5 $ 13,440.35 San Diego Humane Society 34 34 34.0 $ 2,649.11 San Diego State University (Police & Parking) 102 100 101.0 $ 7,869.42 San Pasqual Band of Mission Indians 32 33 32.5 $ 2,532.24 Sycuan Band of the Kumeyaay Nation (Sycuan Fire/Police De 72 72 72.0 $ 5,609.89 University of California San Diego (Police and Environment F 108 116 112.0 $ 8,726.49 Vista Unified High School District 188 204 196.0 $ 15,271.36 TOTAL 16,031 16,165 16,098 $ 1,254,277.02 The San Diego Rural Fire Protection District was dissolved on 7/1/16. All radios have been moved to the County of San Diego radio count. *IVECA will pay for infrastructure for Imperial County and a portion of the NextGen core costs. July 12, 2016 NextGen RCS Agreement - Amendment 1 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 Combined Infrastructure and RCS Core apportionment costs per agency. San Diego County Parties & IVECA Exhibit C-1 Cost for San Diego Shared Infrastructure + Exhibit C-2 Cost for RCS NextGen Core = Combined Total Cost for San Diego Shared Infrastructure and NextGen RCS Core (C- 1 + C-2) Alpine Fire Protection District $ 113,498.08 $ 2,025.79 $ 115,523.87 Bonita-Sunnyside Fire Protection District $ 69,844.97 $ 1,246.64 $ 71,091.61 Borrego Springs Fire Protection District $ 91,671.53 $ 1,636.22 $ 93,307.74 City of Carlsbad $ 1,912,006.09 $ 34,126.81 $ 1,946,132.90 City of Chula Vista $ 2,924,758.18 $ 52,203.11 $ 2,976,961.29 City of Coronado $ 790,121.24 $ 14,102.63 $ 804,223.87 City of Del Mar $ 427,800.45 $ 7,635.68 $ 435,436.13 City of El Cajon $ 1,968,755.13 $ 35,139.70 $ 2,003,894.84 City of Encinitas $ 1,076,049.09 $ 19,206.07 $ 1,095,255.16 City of Escondido $ 3,173,580.89 $ 56,644.27 $ 3,230,225.16 City of Imperial Beach $ 515,106.66 $ 9,193.98 $ 524,300.64 City of La Mesa $ 1,257,209.49 $ 22,439.54 $ 1,279,649.03 City of Lemon Grove $ 414,704.52 $ 7,401.93 $ 422,106.45 City of National City $ 1,248,478.87 $ 22,283.71 $ 1,270,762.58 City of Oceanside $ 3,239,060.55 $ 57,812.99 $ 3,296,873.55 City of Poway $ 1,307,410.56 $ 23,335.57 $ 1,330,746.13 City of San Marcos $ 1,833,430.50 $ 32,724.34 $ 1,866,154.84 City of Santee $ 772,660.00 $ 13,790.97 $ 786,450.97 City of Solana Beach $ 261,918.64 $ 4,674.91 $ 266,593.55 City of Vista $ 1,252,844.18 $ 22,361.63 $ 1,275,205.81 County of San Diego $ 26,399,216.57 $ 471,191.47 $ 26,870,408.04 Deer Springs Fire Protection District $ 93,854.18 $ 1,675.17 $ 95,529.35 Heartland Communications FacilityiPA $ 52,383.73 $ 934.98 $ 53,318.71 Julian-Cuyamaca Fire Protection District $ 124,411.36 $ 2,220.58 $ 126,631.94 Lakeside Fire Protection District $ 416,887.17 $ 7,440.89 $ 424,328.06 Mira Costa Community College District $ 91,671.53 $ 1,636.22 $ 93,307.74 North County Dispatch, JPA $ 78,575.59 $ 1,402.47 $ 79,978.06 North County Fire Protection District $ 536,933.22 $ 9,583.56 $ 546,516.77 North County Transit District $ 144,055.25 $ 2,571.20 $ 146,626.45 Rancho Santa Fe Fire Protection District $ 512,924.01 $ 9,155.02 $ 522,079.03 $ San Diego Unified Port District $ 1,300,862.59 $ 23,218.69 $ 1,324,081.29 San Miguel Consolidated Fire Protection District $ 547,846.50 $ 9,778.34 $ 557,624.84 State of CA Department of Transportation (Caltrans) $ 3,802,185.64 $ 67,864.04 $ 3,870,049.67 State of California, CA Highway Patrol/EI Cajon CHP $ 757,381.41 $ 13,518.27 $ 770,899.68 Valley Center Fire Protection District $ 93,854.18 $ 1,675.17 $ 95,529.35 Viejas Reservation Fire Department $ 144,055.25 $ 2,571.20 $ 146,626.45 California State University San Marcos (Police) $ 220,448.19 $ 3,934.71 $ 224,382.90 Olivenhain Municipal Water District $ 17,461.24 $ 311.66 $ 17,772.90 Palomar College $ 178,977.74 $ 3,194.52 $ 182,172.26 Poway Unified School District $ 1,054,222.54 $ 18,816.49 $ 1,073,039.03 Ramona Water District Fire Department $ 91,671.53 $ 1,636.22 $ 93,307.74 Rancho Santa Fe Patrol $ 74,210.28 $ 1,324.56 $ 75,534.84 San Diego County Regional Airport Authority $ 753,016.10 $ 13,440.35 $ 766,456.45 San Diego Humane Society $ 148,420.56 $ 2,649.11 $ 151,069.68 San Diego State University (Police & Parking) $ 440,896.38 $ 7,869.42 $ 448,765.81 San Pasqua) Band of Mission Indians $ 141,872.60 $ 2,532.24 $ 144,404.84 Sycuan Band of the Kumeyaay Nation (Sycuan Fire/Police Department) $ 314,302.37 $ 5,609.89 $ 319,912.26 University of California San Diego (Police and Environment Health & Safety) $ 488,914.80 $ 8,726.49 $ 497,641.29 Vista Unified High School District $ 855,600.90 $ 15,271.36 $ 870,872.26 TOTALS $ 64,528,023.05 $ 1,151,740.77 $ 65,679,763.82 IVECA $ 4,282,907.04 $ 102,536.25 I $ 4,385,443.29 TOTAL SYSTEM COST $ 70,065,207.11 The San Diego Rural Fire Protection District was dissolved on 7/1/16. All radios have been moved to the County of San Diego radio count. July 12, 2016 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 September 14, 2016 Ms. Sue Willy RCS Manager County of San Diego, NextGen RCS 5595 Overland Avenue, Suite 101 San Diego, CA 92123-1206 Dear Ms. Willy, On September 6th, 2016, Resolution No. 2016-140 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. We are forwarding a certified copy of the above Resolution and two partially executed original Agreements. Please return a fully executed original Agreement to us for our files. Sincerely, 1/ Michael R. Dalla, CMC City Clerk Enclosures DrijLira rn►. Dim Osier pChX e x San Diego CountySheriff's Department 6 1610 Post Office Box 939062 • San Diego, California 92193-9062 William D. Gore, Sheriff RECEIVED OCT 1 8 2016 CITY OF NATIONAL CITY CITY MANAGER'S OFFICE October 10, 2016 Ms. Leslie Deese City Manager City of National City 1243 National City Blvd. National City, CA 91950 Dear Ms. Deese: FULLY EXECUTED NEXT GENERATION REGIONAL COMMUNICATIONS SYSTEM PAYMENT AGREEMENT Please see attached fully executed NextGen RCS payment agreement for your records. Please contact me by email at susan.willy(asdsheriff.org or by telephone at (858) 694-3953 with any concerns. Thank you for your continued participation in the Regional Communications System. Sincerely, WILLIAM D. GORE, SHERIFF „4“40, )27, Susan M. Willy, Manager Regional Communications System Enclosure: Fully Executed NextGen RCS Payment Agreement Keeping the Peace Since 1850