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Item 14 - S.D. Regional 800 MHz Public Safety/Public Service Radio Comm System '-' AGENDA REPORT SUMMA'""~ FROM: James L. Bowersox, City Man~ A John D Fitch Assistant Cit Man~a~er~fF~ INITIATED BY: . , y g /] /~ Mark A. Sanchez, Director of Safety Sd/vices ~ DATE: April 18, 1995 SUBJECT: San Diego Regional 800 MHz Public Safety/Public Service Radio Communications System The San Diego County Board of Supervisors is committed to establishing an integrated county-wide communications system using the 800 MHz frequency band. The system, which has been designed, will meet the needs of all public safety agencies. ENVIRONMENTAL REVIEW Environmental review is not required according to CEQA guidelines. None ADDmONAL PUBLIC NOTIFICATION None. I RECOMMENDATION It is recommended that City Council adopt a Resolution approving a budget for County Service Area 135 - Zone F and requesting the levy of benefit charges for the City's participation in the regional 800 MHz radio system and approve the attached Agreement for the Regional Communications System. ACTION ~. of 32 '.APR 18 1995 ITEM 14. 1 - AGENDA REPORT CITY OF POWAY TO: Thc Honorable Mayor and Members of thc City Council FROM: ,James L. Bowersox, City Mana~-') INITIATED BY: John D. Fitch, Assistant City Manager~/~x Mark A. Sanchez, Director of Safety SerVices DATE: April 18, 1995 SUBJECT: San Diego Regional 800 MHz Public Safety/Public Service Radio Communications System On August 31, 1993, City Council adopted Resolution No. 93-131 consenting to the inclusion of the City of Poway in the proposed county service area formed to provide an 800 MHz radio communications system. Currently in the San Diego region, public safety agencies are utilizing aged and/or non-compatible communications systems. In the City of Poway, law enforcement, fire and public services are unable to talk on common radio frequencies. The County of San Diego, through its Department of Information Services, is spear-heading the development of a regional 800 MHz radio system. The system, as proposed, will place all participants in common communication. A number of jurisdictions are currently using 8_00 MHz, including the City of San Diego, Heartland ~ East County) and Escondido. FINDINGS The County Board of Supervisors has moved in favor of the regional radio system and has formed County Service Area (CSA) 135 for the purpose of funding the regional communications system. Zone F of CSA 135 is co-terminus with city boundaries for city specific requirements. The Board of Supervisors has provided an Agreement (See Attachment A) between the County of San Diego and participating cities and jurisdictions regarding the implementation, governance, method of funding and costs of the regional system. The system will provide all City public safety agencies with a common means of communication. CSA - 135 Zone F may be used to fund both the main support and user equipment. Utilization of CSA 135 - Zone F for funding the project will place a scheduled fee per parcel in the City. (See Attachment B.) ACTION: la of 32 The Regional Communication:~' ,stem Agreement (See Attachment C) -'1 replace the participating public service and public safety agencies existing radio communications systems throughout San Diego and Imperial Counties with a modem, trunked radio system. The City of Poway will receive 154 radios for law enforcement, fire and public services. ~-~ A mobile data system will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose. The new system will 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. ENVIRONMENTAL REVIEW This item is not subject to CEQA review. None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that City Council adopt a Resolution approving a budget for County Service Area 135 - Zone F and requesting the levy of benefit charges for the City's participation in the regional 800 MHz radio system and approve the attached Agreement for the Regional Communications System. Attachments: Attachment A - Resolution of the City Council Attachment B - Agency Specific Cost Summary Attachment C - Regional Communications Agreement APR 18 1995 ITEM 14. 1 2 of 32 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING A BUDGET FOR COUNTY SERVICE AREA 135 - ZONE F AND REQUESTING THE LEVY OF BENEFIT CHARGES FOR COUNTY SERVICE AREA 135 - ZONE F WHEREAS, the City Council recognizes the importance of regional communications to mutual aid assistance and coordination in the event of a disaster; and, WHEREAS, the City Council adopted a resolution on August 31, 1993 requesting inclusion of all the territories of the City of Poway in a county service area to be formed to provide regional public safety and public service communications; and, WHEREAS, on December 6, 1994, the County of San Diego Board of Supervisors formed County Service Area 135 for the purpose of funding the Regional Communications System; and, WHEREAS, the County Board of Supervisors has established Zone F of County Service Area 135 co-terminus with the City boundaries for City specific requirements; and, WHEREAS, the City Council has reviewed the proposed Budget for the 1995-1996 fiscal year; and, WHEREAS, the expenditures are necessary for the proper operation of the Regional Communications System; NOW, THEREFORE, BE IT RESOLVED that the City of Poway: 1. Requests the Board of Supervisors to adopt an ordinance providing a procedure for fixing and collecting charges on the tax roll for miscellaneous extended services provided by County Service Area 135 - Regional Communications System at a rate not to exceed $1.00 per benefit unit ($7.00 per single family dwelling); 2. Requests the Board of Supervisors to adopt an ordinance providing a procedure for fixing and collecting charges on the tax roll for miscellaneous extended services provided by County Service Area 135 - Zone F, City of Poway; 3. Determines that units shall be assigned to each parcel in proportion to the estimated benefit received by that parcel, that parcels not benefiting from the service shall not be assigned units of benefit, and that the estimated benefit received shall be calculated as follows: 3 of 32 ATTACHMENT ^ A~R 18 1~95 I~'~i~ 14 · 1 Resolution No. Page 2 LAND USE ~ Single family, residential (including farm land) 7 per dwelling unit Multi-family and condominium 6 per dwelling unit Mobile homes (not in space rental parks) 4 per dwelling unit Trailer parks (with rental spaces) 4 per pad Timeshare 0.5 per dwelling unit Vacant residential 4 per parcel Office and industrial condominiums 6 per parcel Vacant commercial and institutional 8 per parcel Parking lots and garages 9 per parcel Vacant industrial 12 per parcel Improved industrial 14 per parcel Offices and stores 16 per parcel Meeting hall, gyms, marinas and docks 18 per parcel Other improved commercial and industrial 20 per parcel Mining, vacant recreational, golf courses and camps 1 per parcel if less than 10 acres; 2 per parcel ff between 10 and 20 acres; 3 per parcel if 20 acres or more 4. Approve the proposed budget as submitted and direct it to be forwarded to the County of San Diego for implementation; 5. Fund the budget for County Service Area 135 - Zone F with benefit charges not to exceed $1.12 per unit. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 18th day of April 1995. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk 4 of 32 APR 18 1995 ITEM 1;; · 1 REGIONAL COMMUNICATIONS SYSTEM Agency Specific Cost Summary CITY OF POWA Y Regional Communications System ~~ Project Progress MILESTONES ~ ~- · October 3, 1994 · LA?CO approved formation of CSA f$5 for the RCS, December 6, 1994 · Board of Supervisors adopted a resolution to form CSA 135, and (pdor to approving funding ordinances) asked for participating jurisdictions to submit budget resolutions. · March 7, 1995 · Board of Supervisors signed Participating Agency Agreement Regional Communications System ~ Project TIMELINE · April 24, 1995 · Deadline for obtaining CSA budget resolutions and RCS agreement approvals from participating jurisdictions. · April 24, 1995 · Deadline for jurisdictions to submit their CSA 135 ZONE budgets and resolution adopting the budget. (If not submitted by April 24th, must wait until the 7996-1997 fiscal year.) Regional Communications System Project TIMELINE · Early May, 1995 · Return to Board of Supervisors with budgets so funding ordinances can be approved. · May - June, ?995 · County of San Diego funds the RCS Project. · July, 1995 · Construction of mountaintop radio system sites begins · Late 1997 · Participating agencies begin to use the RCS. 'APR 18 1995 ITEM 14. 1 6 of 32 Regional Communications System Project COMPONENTS · County Local Government Radios ·5,326,959 · County Communications Center · 9, 173, 686 · Communications Center · 5,098,213 Equipment * A portion of the countypublic These are County specific costs, safety radios will be allocated to Sheriff contract cities based on These cos ts will be shared the number of units operating in among all participating agencies, the city. Regional Communications System COMPONENTS · Backup Communications Center· $ 575,339 Upgrade · Backup Communications Center · 1,747,827 Equipment · Computer Aided Dispatch System · 3, 788, 502 Upgrade · Mobile Data System · 13,693,216 · Automatic Vehicle Locator System · 2,879,255 These ere Co.nty specific costs. TO TAL $83,079,973 However, other agencies have an option to join and share the costs of the Mobile Data and AVL Systems..~ .~ ~ ~,~ APR 18 1995 I~E~'.~ 1~. 1 7 of 32 Family Parcel in PO WA Y · Number of Benefit Units · 111,924 . · Annual Zone Revenue Request · $124,832 ** · Zone Cost per Benefit Unit · $1.11 · Backbone Cost per Benefit Unlt · $1.00 MAX. · Annual Cost for a Single · $14.81 Family Parcel ' Based on 1994 Counts; does not include Benefit Units/or Frailer Parks in the C#y " Ba~ed on 7 % APR. ESTIMA TED Total Cost Summary ~ City of POWA ¥ No Radio System Maintenance Costs in FY '95-'96. Subtract $46,200. Calculations based on 7 % APR. Actual APR ma_y differ. APR 18 1995 17EM 1~. 1 8 o~ 32 ..~an 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 Pubfic Safety and Public Service Agencies Operating in San Diego County and Imperial County. March 7, 1995 Mr. Jim Bowersox City Manager City of Poway 9 of 32 ATTACHMENT C APR 1 8 1995 ITEIYl 1;~. 1 San Diego County - Imperial County REGIONAL COMMUNICATIONS SYSTEM AGREEMENT Table of Contents SECTION SUMMARY PAGE 1. Purpose and Intent of Agreement f 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 5 12. Representation on the RCS Board of Directors 7 13. RCS Board of Directors Terms and Qualifications 8 14. Attendance and Participation by the Public 9 15. RCS Voting Requirements 9 16. 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 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 '%" 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: 'APR 1 8 1995 ITF. J 14. 1 il of 32 Participating Agency A_ -'ement ~ 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 tmperiat 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 Impedal 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 inter~aces 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 bNO 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 Distdct 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. Priodty 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 ii of 3i ,&PR 1 s 1995 |'i'E,~ 14. 1 Participating Agency/. ;ement ~ ferred to the RCS, if such action can result in enhanced radio communications capabilities for ali participants. 6. Performance Requirements 6.1. The RCS shall be designed to provide a high levet 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 ]'8 1. Participating Agency~ cement ~ 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 14 of 32 'J~PR 18 1995 I]'~'-M 14. 1 Participating Agency A~ .'merit ~ 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: 1 1.2.1.1. The delegate from the San Diego Sheriff's Department shall be the Sheriff or the Sheriff's designate. 11.2.1.2. The representative for the County of 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. 1 1.2.1.4. The municipal fire representative shall be a fire chief or designate from RCS member agencies who shall be selected by the San Diego County Fire Chiefs Association. 11.2.1.5. The fire district representative shall be a fire chief or designate from RCS member agencies who shall be selected by the San Diego County Chapter, Fire Districts Association of California. 11.2.1.6. The North County Dispatch Joint Powers Authority (JPA) representative shall be a fire chief or designate from RCS member agencies who shall be selected by the North County Dispatch JPA governing body. 11.2.1.7. The Heartland Communications Facility JPA (HCFA) representatives shall be designates from RCS member agencies who shall be selected by the HCFA governing body. 11.2.2. Imperial County: 11.2.2.1. The delegate from the Imperial County Sheriff's Office shall be the Sheriff or a designate. March 7, 1995 Page 5 APR 1 8 1995 r~'.~,.~ !4 Participating Agency/- :ement ~ -- 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 Pane 6 APR 18 1995 16 o¢ 32 Participating Agency A sment ~ 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. Sherif'f'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 17 of 32 APR 18 1995 {']'-~ Participating Agency A~..,ement ~ 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 shatl 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 regutar Board of Directors meetings, but shall vote only in the absence of the regular member. 13.3. Onty 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 pdmary 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 alt 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 Paqe 8 Participating Agency A~ ment ~ 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. 16. County of San Diego, Department of Information Services (DIS) Support Staff Role 16.1. DIS staff shall serve as an advisory and staff function to the RCS Member Board and RCS Board of Directors. 16.2. DIS staff shall manage the day-to-day operation of the RCS subject to direction from and review by the RCS Board of Directors · 16.3. DIS staff shall provide support as necessary, but shall not have a voting right on any business before the RCS Member Board, the RCS Board of Directors, or any committees. 16.4. DIS staff shall perform the functions necessary to ensure that specific system performance guarantees are maintained throughout the term of the agreement. 16.5. As the manager and operator of the RCS, the Department of Information Services shall have the responsibility to: March 7, 1995 Page 9 ~-9 of 32 APR 18 1995 rJ'~.~] 1 Participating Agency l ;ement 16.5.1. Provide appropriate staff support to the RCS Board of Directors as requested, within budgetary restraints. 16.5.2. Seek RCS Board of Directors approval of major policy decisions related to the RCS. 16.5.3. Develop contracts with vendors and submit to RCS Board of Directors for approval. 16.5.4. Implement the regional 800 MHz public safety voice and data radio systems. 16.5.5. Retain employees and agents. 16.5.6. Acquire, hold or dispose of property necessary to operate the RCS. 16.5.7. Charge participating agencies for expenses incurred in ongoing maintenance and operation of the RCS. 16.5.8. Implement policy. 16.5.9. Monitor and maintain RCS performance. 16.5.10. In conjunction with the RCS Board of Directors, develop and recommend the annual RCS budget. 16.5.11. Reassign RCS priorities in extraordinary circumstances and make emergency repairs as required. 16.5.12. Provide information and support as necessary to the RCS Board of Directors. 16.5.13. Provide operating reports and technical information as necessary to assist the RCS Board of Directors. 16.5.14. Establish and maintain accounts and records, including personnel, property, financial, programmatic and other records deemed necessary by the RCS Board of Directors to ensure proper accounting for all ongoing operations and maintenance costs. 16.5.15. Use the records to justify any adjustment to agency benefit charges. 16.6. The Director of DIS shall provide the RCS Board of Directors timely advance notice of impending personnel changes affecting any management staff assigned RCS responsibilities. 17. Agency Costs and CSA Benefit Charges 17.1. The Department of Information Services shall implement, manage and operate the 800 MHz trunked radio backbone and microwave systems. 17.1.1. Costs for agencies participating at the time the RCS is implemented are reflected in Exhibit "B". MDS participation costs are separate from voice radio system costs. March 7, 1995 Page 10 20 of 32 APR 1 8 1995 IT~I?] Participating Agency A,.. ement ~ 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 "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. (EXAMPLE: ff Santee decides to join the RCS after five years of the 15 year agreement have passed, their costs will include: (1) their estimated one-time costs as shown in Exhibit "B" and, (2) associated financing costs for the first five years, as shown in Exhibit "C". The RCS Board of Directore shall then reimburse the County of San Diego forprincipal 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 21 oF 32 APR 18 1995 t':,'.~.~.,~ lz~. 1 Participating Agency ~ -~ement ~ - 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 wilt 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 .P.a.A~' 12 22 of 32 APR 18 1995 ~'~:~:~ 1~'~· 1 Participating Agency A~. ;ment ~ 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 ~...B~g_e 13 , 23 of 32 ?~PR 1 8 1995 ~:-;~ 1 1 Participating Agency A~ ~ement ~ 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 gdeving 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 ,APR 18 19~5 .~ ..... 24 of 32 Participating Agency Agreement IN WITNESS WHEREOF, the parties hereto do affix their signatures. COUNTY OF SAN DIEGO Board of Supervisors Approval Date: By Chairwoman Dianne Jacob CITY OF CARLSBAD Council Approval Date: By CITY OF DEL MAR Mayor Council Approval Date: By Mayor CITY OF ENCINITAS Council Approval Date: By Mayor CITY OF IMPERIAL BEACH Council Approval Date: By_ Mayor CITY OF LEMON GROVE Council Approval Date: By Mayor CITY OF POWAY Council Approval Date: By Mayor CITY OF SAN MARCOS Council Approval Date:. By Mayor CITY OF SOLANA BEACH Council Approval Date: By Mayor 4 March 7, 1995 25 of 32 ~PR 18 1~5 l?---'~J~ l~· ~age15 Participating Agency Agreement CITY OF VISTA Council Approval Date: By Mayor NORTH COUNTY DISPATCH JPA Board of Directors Approval Date: By HEARTLAND COMMUNICATIONS FA CILITY JPA Board of Directors Approval Date: By. COUNTY OF IMPERIAL Board of Supervisors Approval Date: By STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION State of California Approval Date: By ALPINE FIRE PROTECTION DISTRICT Governing Authority Approval Date: By BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT Governing Authority Approval Date: By. APR 1 8 1995 [?~-~ ~, ~[' · ll~arch 7, 1995 26 of 32 Page 16 Participating Agency Agreement BORREGO SPRINGS FIRE PROTECTION DISTRICT Governing Authority Approval Date: By DEER SPRINGS FIRE PROTECTION DISTRICT Governing Authority Approval Date: By EAST COUNTY FIRE PROTECTION DISTRICT Governing Authority Approval Date: By JULIAN-CUYAMACA FIRE PROTECTION DISTRICT Governing Authority Approval Date: By LAKESIDE FIRE PROTECTION DISTRICT Governing Authority Approval Date: By LOWER SWEETWATER FIRE PROTECTION DISTRICT Governing Authority Approval Date: By PINE VALLEY FIRE PROTECTION DISTRICT Governing Authority Approval Date: By RANCHO SANTA FE FIRE PROTECTION DISTRICT Governing Authority Approval Date: By . March 7, 1995 .APR 18 1995 ]-'~E~.~ l"r 1 Page17 27 o~ 32 ' Participating Agency Agreement RURAL FIRE PROTECTION DISTRICT Governing Authority Approval Date: By SAN MIGUEL. CONSOLIDATED FIRE PROTECTION DISTRICT Governing Authority Approval Date: By VALLEY CENTER FIRE PROTECT/ON D/STRICT Governing Authority Approval Date: By APPROVED AS TO FORM AND LEGALITY COUNTY COUNSEL BY Deputy Counsel APR '~ 8 1995 IFj'~ 1 z~ l'~arch 7, 1995 28 of 32 Paae 18 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 25. Rural Fire Protection District 26. San Miguel Consolidated Fire Protection District 27. Valley Center Fire Protection District March 7, 1995 29 of 32 APR 18 1995 [7---~] 1~. 1 Exhibit "B" Participating Agen_cy Agreement ESTIMATED AGENCY ONE-TIME COSTS Combined Voice and Data Backbone March 7, 1995 APR 18 1995 ~TE!,'J 14. I 30 of 32 Exhibit "C " ~" ~'"~'~"~ ~.~ Participating Agen_cy Agreement 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 Costa of One Time Cost for 15 Years at 8.5% APR Principal Financing Total Annual Payment $975,448 $786,510 $1,761,958 $117,464 Annual Payment if Join in Year Year Annual Payment 1 $117 464 2 $12~ 854 3 $135 535 4 $146 830 5 $16{~ 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 1 Annual Payment for Late Starting Agencies I 2OOOOOO 0 Starting Year .o March 7, 1995 31 o:~ 32 · Exhibit "D" Participa ting Agen. cy Agreemen GOVERNANCE STRUCTURE San Diego County Board of Supervisors Committees Member Board Member Agency I County Staff Reporting Relationships, Lines of Communication March 7, 1995 'APR 1 8 1995 IITE~ 14. I 32 of 32