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HomeMy WebLinkAbout17 - 800 MHz Communications SystemAGENDA ITEM NO. 17 CITY OF NEWPORT BEACH Office of the City Manager February 12, 1996 BY THE CITY COUNCIL CITY OF NEWPORT BEACH TO: Honorable Mayor and Members of the City Council FROM: Kevin J. Murphy, City Manager//V SUBJECT: 800 MHz COMMUNICATIONS SYSTEM BACKGROUND The City Council on May 22, 1995 approved a Resolution authorizing the City's participation in the 800 MHz Joint Powers Agreement. This JPA approach to acquiring and implementing the 800 MHz Communication System was an outgrowth of the Orange County bankruptcy and believed at the time to be the most efficient and effective way to purchase the equipment and guarantee the ability of the County to finance the acquisition. On December 19, 1995 the County Board of Supervisors rescinded their September 1995 approval of the JPA. In December 1995 the County CEO requested that each City approve participation in a Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Countywide Coordinated Communications System. The new Joint Agreement reflected additional costs which would be borne by the cities in the Coordinated Communications System. Following bankruptcy the County modified their proposed split of the cost sharing on this project which has been under study and review for nearly ten years. The original cost sharing agreement provided for a 53% city share, while the post -bankruptcy proposal provides for a 61 % city share, spread among the various users based on their proportionate share of equipment, population, and various other factors. FINANCIAL ANALYSIS The former and current split of costs is depicted on Attachment 1 and reflects a total increase in costs to cities of $6.1 million. Newport Beach's share of the additional costs is $267,000; however, the City will no longer be purchasing our Mobile Data Terminals (MDT's) through this contract and the cost savings is $165,000. The MDT's are being purchased as part of the contract for our updated Police automation system approved by the City Council in 1995. -2- In addition, prior to actual placement of a purchase order we will have completed a further review of need for various components of the safety and non -safety portion of the equipment. The City Council in May 1995 authorized City staff to review the various financing alternatives and return to the City Council at the appropriate time with the most cost effective option. The City has indicated to a group of cities that are planning to finance the acquisition over ten years that we are interested in participation. Once the actual costs are known on this option versus financing the purchase on our own, we will return to the City Council for authorization. Costs under either scenario are anticipated to be $400,000 for ten years from the City's Capital Projects programs. In our forecasts for 1996-97 we have anticipated a payment of $400,000. SUMMARY AND CONCLUSION The acquisition of the new 800 MHz communications system is vital to the provision of quality public services into the next century. It is vital not only from a law enforcement standpoint, but in coordinating day-to-day and emergency or disaster responses with all public services (utilities, public works and general services). Rather than repeating background information on the need, I've attached the staff report transmitted to the Council in May 1995 with the background information in a O & A format on the need. The question at this time is whether the City should proceed with the revised funding arrangement, a joint agreement versus a JPA, or stay with our current radio equipment. Frankly, there is no choice and the City Managers negotiating committee has negotiated the contract from a $12 million shift to cities to a lower, but more palatable split of $6 million. If the cities and County fail to proceed forward at this time there is the very real risk that the FCC may pull the frequencies and sell them to another public or private entity since they are a very marketable commodity. This could delay transition to the 800 MHz system for ten or more years. In any event, the County will proceed forward on this project with or without the cities and as of the time of this writing at least ten of the cities have approved proceeding on the project at the higher cost level. It has been frustrating for the cities to absorb the additional costs as a result of the bankruptcy, however our focus should remain on how best to provide vital public services to the Newport Beach community. For that reason I'm recommending that we proceed with the approval of the Joint Agreement. RECOMMENDATION The City Council approve City participation in the Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Countywide Coordinated Communications System and authorize the Mayor to execute the agreement on our behalf. 41. v • 4 JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM JANUARY 309 1996 0 i SYSTEM..................................................................................................................................1 2. DEFINITION OF TERMS....................................................................................................1 3. OPERATIONAL POLICIES - LAW ENFORCEMENT SUBSYSTEMS .......................3 4. OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEMS..................................3 5. OPERATIONAL POLICIES - FIRE SUBSYSTEMS........................................................4 6. OPERATIONAL POLICY....................................................................................................5 7. OPERATIONAL POLICY REVIEW..................................................................................6 8. MUTUAL AID........................................................................................................................6 9. RELINQUISHING EXISTING OPERATING CHANNELS............................................8 10. SYSTEM TECHNICAL MANAGEMENT.........................................................................8 11. SYSTEM MODIFICATION COST APPROVALS..........................................................10 12. CONTRACTS.......................................................................................................................10 13. FUNDING.............................................................................................................................11 14. EQUIPMENT FACILITIES AND STRUCTURES..........................................................12 15. SYSTEM MODIFICATIONS AND COST SHARING....................................................13 16. ADDITIONAL PARTICIPATING AGENCIES/USERS OR CONSOLIDATION OF PARTICIPATING AGENCIES.........................................................................:.........14 17. LIABILITY...........................................................................................................................16 18. GOVERNANCE COMMITTEE........................................................................................16 19. AGREEMENT AMENDMENT PROCESS......................................................................17 20. AGREEMENT DATE..........................................................................................................17 Page i 0 0 JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This Agreement is entered into on , 1996 by and between the Parties listed on Exhibit "A" which is attached hereto and incorporated herein. WITNESSETH: Whereas, the installation, maintenance and operation of a Countywide Coordinated Law Enforcement/Public Works/Fire Radio Communications System, to be known as the 800 MHz Countywide Coordinated Communications System (CCCS), is desirable, Now, Therefore, in consideration of the mutual covenants, conditions, agreements and stipulations hereinafter expressed, the Parties hereby agree as follows: 1. SYSTEM The 800 MHz CCCS, hereinafter referred to as System, shall be implemented in the County of Orange. Said System is described in Contract No. S0000015.95 for an 800 MHz CCCS, dated September 19, 1995. The Parties hereby designate County of Orange GSA/Communications Division as the "Lead Agency" in acquiring and implementing System. 2. DEFINITION OF TERMS "Contract City" is defined as a city receiving law enforcement, public works or fire services from the County or any Participating Agency under the terms of a contract. "Fire Agency" is defined as, and shall include, all governmental Fire Agencies operating primarily within the limits of Orange County. "Governing Authority" is a City Council, County Board of Supervisors or Orange County Fire Authority Board of the Participating Agencies, responsible for approving cost modifications. Exhibit "A" provides a list of City, County, and Orange County Fire Authority administrators representing these bodies. CONTRACT1ITAGREE.DOC JM:skb 01/30/96 8:49 AM Page 1 0 • "Law Enforcement Agency" is defined as all governmental Law Enforcement Agencies operating primarily within the limits of Orange County, as follows: Orange County Sheriffs Department, Orange County City Police Departments, Orange County Marshal's Department, Orange County District Attorney's Office, and Orange County Probation Department. For purposes of classification, GSA/Communications, HCA/Animal Control, and John Wayne Airport are identified as Law Enforcement Participating Agencies under the cost allocation. "Mutual Aid Provider" is defined as any governmental or private organization, not otherwise defined in this Agreement, that has a legitimate Mutual Aid operational requirement with another Participating Agency or User of System. "Net" is defined as a group of Participating Agencies who operate a joint dispatch center, or a combination of radio dispatch talkgroups used by a fixed group of Participating Agencies. "New City" is defined as a city incorporated after the effective date of this Agreement. "Non-City/Non-County User" is defined as a special district, water district, sanitation district, or similar govenamental or quasi -governmental agency. These are not Participating Agencies. "Participating Agencies" are those agencies listed in Exhibit `B" that will be operating on the 800 MHz System. "Parties" are defined as the County of Orange, incorporated cities in the County of Orange, and Orange County Fire Authority, which are listed in Exhibit "A." "Public Works Agency" is defined as, and shall include, all County or City departments, other than those defined as a Law Enforcement or Fire Agency. "Subsystem" is defined as one of three operational subsystems that use common equipment, each in a similar way, but use different operational procedures; these are referred to as the Law Subsystem, the Fire Subsystem, and the Public Works Subsystem. The Governance Committee must assure operational integration of all three systems. "System Backbone" is defined as those portions of the System Backbone that provide the means by which dispatch centers and mobile radios communicate with each other, and is composed of mobile relay equipment, microwave equipment, and associated control equipment. "System Field Equipment" is defined as that portion of the System that uses the System Backbone for communications and consists of dispatch center equipment, mobile radios, and portable radios. CONTRACT/1TAGREE.DOC JMskb 01130/96 8:49 AM Page 2 "User" is any System user that is not currently listed as a Participating Agency on Exhibit `B." 3. OPERATIONAL POLICIES - LAW ENFORCEMENT SUBSYSTEMS The Orange County Chiefs of Police and Sheriffs Association, hereinafter referred to as "OCCOPSA," is an established organization composed of representatives from the Sheriffs Department, City Police Departments, Marshal's Department, District Attorney's Office, and Probation Department, participating in the Orange County Law Enforcement Subsystem. The OCCOPSA Communications Committee has been delegated by OCCOPSA the responsibility for operational policy development of the Law Net (Law Enforcement Subsystem). This is a long-standing role and it is the desire of all the Participating Agencies that it continue. Thus the Participating Agencies agree that operational policy for the Law Net (Law Enforcement Subsystem) shall be developed by the Communications Committee and ratified where appropriate by OCCOPSA. The Committee shall act on behalf of all of the Law Net (Law Enforcement System) Participating Agencies in the development and recommendation of future modifications for the Law Net (Law Enforcement Subsystem) as well as the above described role in development of operational policy. The designation of OCCOPSA, as the organization representing Law Enforcement Participating Agencies, can be changed by these Participating Agencies only once in each five (5) year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement group and shall arrange for a vote of the Law Enforcement Subsystems Participating Agencies to determine the organization, group, or committee that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. 4. OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEMS Public Works Agencies shall appoint a permanent Public Works Policy Committee, hereinafter referred to as "PWPC," consisting of one representative from each of the Public Works Participating Agencies as listed in Exhibit `B," to develop operational policies for the Public Works portion of the System. CONTRACT/1TAGREE.DOC 1M:skb 01/30196 8:49 AM Page 3 The PWPC will be charged with developing operational policy for the Public Works Subsystem. Any Public Works Agency entering into this Agreement at a later date shall appoint a representative to the PWPC. The PWPC shall act for agencies to consult with County to determine and recommend to agencies future modifications of the Public Works Subsystems and develop operational policies for Public Works Subsystem, in accordance with the terms and conditions of this Agreement. The designation of the PWPC can be changed by these Participating Agencies only once in each five (5) year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement group and shall arrange for a vote of the Public Works Participating Agencies to determine the organization, group, or committee that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. 5. OPERATIONAL POLICIES - FIRE SUBSYSTEMS The Orange County Fire Chiefs' Association, hereinafter referred to as "OCFCA," is an established organization composed of representatives from the City Fire Departments and the Orange County Fire Authority. The OCFCA Communications Committee, in cooperation with County, has heretofore recommended operational policy for the present fire communications system, consulted with County on present fire communications system upgrades, and made recommendations for the use of the present fire communications system by other users who provide operational support to fire departments. It is appropriate to direct the OCFCA Communications Committee to continue its established role in the operation of the new System. Therefore, OCFCA, based on recommendations provided by the Communications Committee, shall consult with County to determine and recommend to Fire Agencies future modifications of Fire Subsystems and develop operational policies for Fire Subsystems, in accordance with the terms and conditions of this Agreement. The designation of OCFCA, as the organization representing Fire Agencies, can be changed by these Fire Agencies only once in each five (5) year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement group and shall arrange for a vote of the Fire Agencies to determine the organization, group, or committee that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. CONTRACT11TAGREE.DOC JM:skb 01/30/968:49AM Page 0 0 6. OPERATIONAL POLICY 6.1 Law Enforcement Subsystems The development of Law Net (Law Enforcement Subsystems) operational policy has been delegated by OCCOPSA to its Communications Committee. That Committee reports to OCCOPSA. Policies developed by OCCOPSA for the operations of the Law Net shall ensure that each participant in the System is treated equitably and that each Participating Agency has sufficient communications capability to meet their legitimate needs. Any dispute between Participating Agencies over operational policies shall be reviewed by the Communications Committee and if not resolved, then reviewed by OCCOPSA. Any unresolved dispute may be appealed to the Governance Committee for decision. 6.2 Public Works Subsystems Public Works Subsystems operational policy shall be established by the PWPC. Said policies shall ensure that each participant has sufficient communications authorized to meet its legitimate needs. Any dispute between Participating Agencies over operational policies established by the PWPC shall be resolved by the PWPC. When the dispute cannot be resolved by the PWPC, the parties may present their dispute to the Governance Committee for decision. 6.3 Fire Subsystems Fire Subsystems operational policy shall be established by the OCFCA based on recommendations provided by the OCFCA Communications Committee. Said policies shall ensure that each participant in the System is treated equitably and that each Participating Agency has sufficient communications authorized to meet their legitimate needs. Any dispute between Participating Agencies over operational policies established by the OCFCA shall be reviewed by the OCFCA Communications Committee with recommendation to OCFCA. When the dispute cannot be resolved by the OCFCA, the parties may present their dispute to the Governance Committee for decision. 6.4 System Priorities Public Safety, consisting of City and County Law Enforcement and Fire Agencies dispatch functions and individual radio emergency buttons, shall have System operational priority over all law/fire/public works non -life threatening operations when and if it is necessary to establish System priorities. CONTRACTMAGREE.DOC 1M:skb 01130/96 8:49 AM Page 5 U 0 0 OPERATIONAL POLICY REVIEW 7.1 Law Enforcement Subsystems To ensure that operational policy developed by the Communications Committee of the OCCOPSA is compatible with all of the other systems, such policy shall be subject to review by the Participating Agencies' representatives in the Public Works Subsystem and the Fire Subsystems. A thirty (30) day review period prior to policy implementation shall ensure appropriate time for review. Exceptions can be made when the Committee declares the operational policy is of an emergency nature and immediate implementation is necessary for safety purposes, but all such emergency decisions shall be reviewed by the Participating Agencies as described above and within the thirty (30) day period noted. 7.2 Public Works Subsystems Any proposed action by PWPC, pursuant to the section titled "Operational Policies: Public Works Subsystems" above, shall be subject to a thirty (30) day review by the Participating Agencies' representatives in the Law Enforcement and Fire Subsystems. Should any Participating Agency object to said action by the PWPC, said action shall require the approval of all members of the PWPC prior to implementation. 7.3 Fire Subsystems Any proposed action by OCFCA, pursuant to the section titled "Operational Policies: Fire Subsystems" above, shall be subject to a thirty (30) day review by Participating Agencies' representatives in the Law Enforcement and Public Works Subsystems. Should any Participating Agency object to said action by OCFCA, said action shall require the approval of the members of the OCFCA prior to implementation. Exceptions can be made when OCFCA declares the operational policy is of an emergency nature and immediate implementation is necessary for safety purposes, but all such emergency decisions shall be reviewed by the Participating Agencies as described above and within the thirty (30) day period noted. 8. MUTUAL AID 8.1 Mutual Aid Policies and Procedures Mutual Aid communications is an important capability of the System. Utilizing this capability in an efficient manner is essential. Mutual Aid operational policies and procedures must be coordinated between Participating Agencies within Orange County and Participating Agencies outside of Orange County. All Participating Agencies shall comply with the operational policies of the following Mutual Aid Plans. CONTRACTATAGREE.DOC JM:skb 01/30/96 8:49 AM Page 6 l5 0 0 8.2 Mutual Aid Plans The following Mutual Aid plans shall establish Mutual Aid operational procedures for all Participating Agencies. Orange County Mutual Aid Implementation Plan for the Use of the 800 MHz National and State Mutual Aid Channels This plan is required by the Southern California 800 MHz Regional Communications Plan and, together with any plan modifications, must be approved by the State of California Office of Emergency Services, Telecommunications Advisory Committee. Any proposed modifications to the plan must be reviewed and approved by the Governance Committee prior to submission to the State. Orange County Mutual Aid Plan for the Use of the 800 MHz Local Mutual Aid Channels The plan will be prepared by the Orange County GSA/Communications Division and Sheriffs Emergency Management with the approval of the Participating Agencies, based upon approval by the OCCOPSA. PWPC and OCFCA. 8.3 Mutual Aid Priorities Participating Agencies who from time -to -time have need to communicate with Law Enforcement or Fire Agencies during emergencies or in their daily support of Law Enforcement or Fire Agencies will be allowed to access the Law Enforcement or Fire Subsystems as approved by those respective agencies. Such use may include the day-to-day operations of said non -Law Enforcement and non - Fire Participating Agencies on a non -interfering, prioritized basis. This use shall in many cases be predefined and talkgroups established subject to approval of the OCCOPSA and the OCFCA as it affects their respective communications. Such non -Law Enforcement and non -Fire Agencies are defined to include, but not. be limited to: County and City support functions such as Flood, Equipment Maintenance, Public Works, and similar agencies. CONTRACT/JTAGREEMOC JMakb 01/30/96 8:49 AM Page 7 9. RELINQUISHING EXISTING OPERATING CHANNELS Existing Participating Agencies operate existing systems on a variety of radio channels licensed by the FCC. Both the FCC and the Southern California Regional Plan, approved by the FCC on November 21, 1989 for the implementation of new systems using the 800 MHz spectrum, require that Participating Agencies that transfer operation to the new 800 MHz channels must give back licenses on existing system frequencies. These "give -up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. Participating Agencies entering into this Agreement agree to "give up" channels licensed on existing systems that are replaced by the new System. FCC licenses on these "give -up" channels shall be returned to the FCC for cancellation not more than thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when Participating Agencies who, as a result of transferring law enforcement operations to the System, subsequently move other public works operations to their current 460 MHz channels. In this case, Participating Agencies agree to relinquish the previously used 460 MHz channels to public works operations within thirty (30) days of completion of the transfer to the 800 MHz System and such a transfer to public works must occur within one hundred eighty (180) days of transfer of law enforcement operations to the System (FCC requirement), at which time the previously used public works FCC licenses on these "give -up" channels must be returned to the FCC for cancellation not more than thirty (30) days after transfer of public works operations to the 460 MHz channels. Any city that does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use another city's "give -up" 460 MHz GREEN channel in a cellular re -use pattern as is done currently with the law enforcement GREEN channels. 10. SYSTEM TECHNICAL MANAGEMENT Proper operation of a modem, trunked, multi -channel communications System requires centralized technical coordination. The interactive nature of these systems requires that standards be established and adhered to rigorously. Laxity or non-standard use of the System by Participating Agencies can adversely affect the ability of all Participating Agencies to fully utilize the System capabilities. CONTRACT/JTAGREE.DOC JM:skb 01/30/96 8:49 AM Page 8 ,V 0 0 10.1 Technical Liaison Committee The 800 MHz Technical Liaison Committee shall be utilized to develop the technical operation policies and procedures of the System. This committee is composed of members approved by the Law, Fire and Public Works Committees identified in sections 3, 4 and 5 and can be modified with their approval. 10.2 Technical Standards Technical standards are an essential part of the operation of a multi-user system. To ensure the long-range effective operation of System, technical standards shall be developed. Said standards shall be approved by the Technical Liaison Committee and all Participating Agencies will be required to adhere to them. Failure to adhere to the technical standards may result in mobile or portable field equipment being restricted from access to the associated Backbone System. 10.3 Approved Equipment The initial System implementation will consist of equipment supplied by the original system equipment vendor and will meet the technical requirements of the System. The Technical Liaison Committee shall compile a list of this approved equipment and make it available to all Participating Agencies. In the future, as newer equipment from the original vendor or another vendor becomes available, the Technical Liaison Committee shall evaluate it for compatibility with the System. Any equipment that meets the technical criteria for operation on the System shall be added to the approved list. 10.4 Technical Standards and Equipment Evaluation The County of Orange GSA/Communications Division maintains engineering and technical staff whose task is to maintain, manage and operate existing multi-user Backbone Systems. Technical management of the System shall continue to be the responsibility of the Orange County GSA/Communications Division. County technical staff shall evaluate new radio equipment for adherence to technical standards prior to inclusion on the approved equipment list. Radio equipment evaluation results shall be provided to the Technical Liaison Committee for approval and to the vendor requesting equipment evaluation. Any disputes regarding the technical evaluation of equipment will be referred to the OCCOPSA Communications Committee, PWPC and OCFCA, with final approval by the Governance Committee. CONTRACT/JTAGREE.DOC JM:skb 01/30/96 8:49 AM Page 9 \'7 0 0 11. SYSTEM MODIFICATION COST APPROVALS Any Law Enforcement Subsystem modification or other action proposed by OCCOPSA which requires Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. Any Public Works Subsystem modification or other action proposed by the PWPC which requires Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. Any Fire Subsystem modification or other action proposed by the OCFCA which requires Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. 12. CONTRACTS The County may from time -to -time enter into such agreements or contracts with various vendors to purchase or lease equipment, and for installation, service and maintenance of equipment as may be necessary and required in order to effectuate this Agreement. All such agreements or contracts shall comply with applicable State Law for counties. 12.1 County Responsibilities County shall negotiate and enter into agreements or contracts with the various vendors as contemplated in this Agreement. County shall make payments due and payable under such agreements on behalf of Participating Agencies. County shall negotiate and enter into agreements with new Users which may hereafter receive approval to access the System pursuant to this Agreement, provided that: • Any additional terms, conditions, and costs for entry shall be included in an addendum to this Agreement. Said addendum shall address any direct or indirect compensation to Participating Agencies or Users for System Backbone usage by new Participating Agency(s) or User(s). • County shall obtain the approval of the Governance Committee to determine the appropriate additional terms, conditions, and costs to be included in said addendum. CONTRACTATAGREEDOC JM:skb 01/30/96 8:49 AM Page 10 �A 0 0 • Any such new Participating Agency(s) or User(s) hereafter who shall desire to become a party to this Agreement may do so by executing a copy of this Agreement and assenting and agreeing to all of the terms, conditions and buy -in and operational costs thereof. • Compensation may take the form of improvement or modification of System or other contribution for the benefit of all Participating Agencies/Users. 13. FUNDING 13.1 System Acquisition During the acquisition period, the County will adopt an acquisition budget for the acquisition of the System. The acquisition budget shall include the following: (a) the System acquisition costs and (b) the allocation of costs among the Participating Agencies in amounts necessary to cover the acquisition budget items. Attached hereto as Exhibit "A" is a list of all cities participating in the System, as well as each city's responsible administrator. Exhibit "A" also includes the County and the Orange County Fire Authority and responsible administrators. Set forth in Exhibit "C" is each entity's estimated cost allocation for the initial Law Enforcement System implementation including field equipment purchases and installation. Exhibit "C" will be periodically updated to reflect any changed equipment orders or authorized System modification expenses. County shall provide to each responsible administrator, as indicated on Exhibit "A," a quarterly financial report from the date of contract initiation for a period of two (2) years after which the County shall provide financial reports semi-annually for the remainder of this Agreement. 13.2 Payment Exhibit "D" identifies each entity's estimated payments by fiscal year for the law enforcement portion of the System. As part of the acquisition process of the System, the County shall, within sixty (60) days of the effective date of this Agreement, issue a final payment schedule. Total amounts will not exceed each entity's full contribution for the System, as identified in Exhibit "C," unless an entity adds equipment or modifications as authorized per sections 15 and 16. Changes are subject to final approval by the Governance Committee. CONTRACT/1TAGREE.DOC 1M:skb 01/301968:49AM Page II 1S 0 0 Fiscal year payments to meet contractual obligations, as stipulated above. are due and payable thirty (30) days after the first day of each fiscal year. (An initial payment may be required prior to FY 1995/96 year-end to meet the contractual obligation for the detailed design review). The cities, as represented by their responsible administrators as set forth in Exhibit "A," the Orange County Fire Authority, should it want to purchase equipment, and the County are responsible for depositing payments in an escrow account established for this purpose in an approved state or federally chartered bank in California. The cities, as represented by their responsible administrators, the Orange County Fire Authority as appropriate, and the County shall be responsible for paying all fees for the expenses incurred by the escrow agent in administering the escrow account. Upon establishment of the escrow account, responsible administrators from the cities, Orange County Fire Authority, and County will sign an agreement that allows the escrow agent to release funds to the County as required by the County subject to the terms of this Agreement. 13.3 Failure to Pay Should any participating agency fail to make its appropriate payments when due, the County shall take action as is appropriate to obtain such payment. Nothing in this Agreement shall be construed as the County's exclusive remedy for the remediation of defaults by Governing Authorities, and the County reserves the right to pursue any and all available rights and remedies at law or in equity. 14. EQUIPMENT FACILITIES AND STRUCTURES Additional facilities, structures, and modifications will be needed to implement the System, including System Backbone facilities and System Field Equipment facilities (e.g., dispatch centers). 14.1 System Backbone Facilities In the event of a decision by the Governing Authorities to financially support expanding or modifying existing facilities, or adding new County radio structures or facilities as necessary, to support the implementation of the System Backbone, the County shall be responsible as lead agency to implement these expansions, modifications, or additions. 14.2 Field Equipment Facilities Individual Participating Agency shall, at its sole Participating Agency expense, expand or modify its existing Participating Agency structures, facilities, or dispatch centers as required to support the installation of Participating Agency System Field Equipment. CONTRACT/JTAGREE.DOC 1M:tkb 01/30/96 8:49 AM Page 12 1If I 0 0 is. SYSTEM MODIFICATIONS AND COST SHARING System modifications may be needed from time -to -time to meet the changing needs of Participating Agencies. System modifications, expansions or enhancements will not be allowed without technical review by the County and approval by the Governance Committee. System modifications recommended by County and agreed to by the Governance Committee will then be forwarded to Governing Authorities for approval, as appropriate, reflected in revised Schedules "C" and "D," and implemented by County. Cost sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual Participating Agencies. The cost for any modification intended for the sole use and support of a single Participating Agency shall be borne by that Participating Agency. The cost for any modification intended to improve service for an identifiable group of Participating Agencies in a local area or Net shall be shared by those Participating Agencies in a manner agreeable to those Participating Agencies. The cost-sharing formula for future System modifications involving all Participating Agencies will be developed by the Governance Committee and agreed to by the Governing Authorities. Exhibits "C" and "D" will be updated accordingly. Beginning January 1, 2000, and continuing each year thereafter, the County, the Cities, and the Orange County Fire Authority, as appropriate, will share in the cost of 800 MHz Backbone System expenses. Prior to January 1, 1999, the Governance Committee shall specify the appropriate costs to be included in this cost sharing arrangement and the formula on how these costs shall be distributed to the Parties to the Agreement. This distribution of costs shall be included as an amendment to this agreement after the mutual approval of the Parties to the Agreement. The County shall continue to operate and pay all operating costs of the System until such time that such amendment is approved by the Governing Authorities. The 800 MHz CCCS budget and allocation plan will be submitted for approval to the Governing Authorities six (6) months in advance of each fiscal year. Billing will be issued quarterly in advance for payment within thirty (30) days. CONTRACT5TAGREEDOC JM:skb 01130/968:49AM Page 13 0 16. ADDITIONAL PARTICIPATING AGENCIES/USERS OR CONSOLIDATION OF PARTICIPATING AGENCIES Law Enforcement/Public Works/Fire Agencies may be added to the System with approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee, The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. The System must adhere to FCC minimum loading standards. In order to meet the minimum loading standards established by the FCC and to ensure efficient utilization of the System spectrum resource, County will continually monitor the level of use of the System. The County shall be responsible for coordinating access to the System, training new users in operational procedures, and assuring compliance with technical standards. The new Agency may be responsible for the cost of these services. 16.1 Adding Participating Agencies: New Incorporated or Contract Cities Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the fixture desire to form their own departments. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to an independent city system similar to other cities. Any System Field Equipment or other costs associated with the transition of a New City or Contract City to the System shall be the responsibility of the city unless addressed in a separate agreement with County. 16.2 Consolidation of Law Enforcement Agencies, Public Works Agencies or Fire Agencies Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to consolidate with other departments to form regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. CONTRACT/1TAGREE.DOC JM:skb 01/30/96 8:49 AM Page 14 14. 0 • 16.3 Adding Non-City/Non-County Users Newly formed Non-City/Non-County Users or Non-City/Non-County Users that do not participate in the System in its initial implementation may desire to use the System. County shall work with any such User to develop an appropriate system design and implementation plan to transition to the System after approval is recommended by OCCOPSA, PWPC and OCFCA, as appropriate, and approved by Governance Committee. A New Non-City/Non-County User A user that does not participate in the original purchase and cost sharing of the System Backbone shall contribute a share of the System cost as determined by the Governance Committee. The County shall place any funds received as a result of the addition of a New Non-City/Non-County User in an escrow account. Funds from this escrow account may be used for Backbone System enhancements for the benefit of all Participating Agencies and Users. Enhancements shall be recommended by the Technical Liaison Committee and OCCOPSA, PWPC and OCFCA, as appropriate, with final approval by the Governance Committee. Approved enhancements involving cost sharing shall be submitted to the Governing Authorities for approval as appropriate. Any Backbone System modification costs required to transition a New Non- City/Non-County User to System shall be the responsibility of the new Non- City/Non-County User. Any System Field Equipment costs associated with the transition of a New Non- City/Non-County User to System shall be the responsibility of the new Non- City/Non-County User. 16.4 Adding Mutual Aid Providers Certain governmental and non-governmental Mutual Aid Providers may be granted access to the subsystems, for the expressed purpose of providing Mutual Aid to a Participating Agency. Access may only be granted by the bodies described in Sections 3, 4, 5 and 6. 1, 6.2, and 6.3 of this Agreement. Any Backbone System modification costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Providers and/or the sponsoring Participating Agency(s), Any System Field Equipment costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Provider and/or the sponsoring Participating Agency(s). CONTRACTOTAGREE.DOC JMskb 011301968:49AM Page 15 `A 0 17. LIABILITY Each Party listed in Exhibit "A" (the "Indemnitor") shall indemnify, defend, and hold all other parties, and their agents and employees (the "Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement. To the fullest extent permitted by law, the County agrees to indemnify, hold harmless, protect and defend each Party listed in Exhibit "A," exclusive of County, together with all directors, officers, employees, and agents of Parties, from and against any and all liabilities, losses, damages, judgments, fines, demands, claims, costs and expenses, attorney's fees, disbursements and court costs, arising directly or indirectly out of the 800 MHz lawsuit entitled "Ericsson, Inc., v. County of Orange, et al (Motorola RPI)." 18. GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz System including assuring City, County and Orange County Fire Authority compliance with payment schedules, addressing operational issues affecting System operation and backbone site development, reviewing and approving conversion, implementation and modification plans, approving contract changes, resolving disputes between the subsystems or between Participating Agencies, approving the policy recommendations of the Committees, approving policy, operational and fiscal matters necessary for the operation and maintenance of the System, and performing any other responsibilities required to implement this Agreement. The Governance Committee shall be responsible for recommending 800 MHz Project operating and capital improvement budgets that are jointly funded by the Parties to the Agreement. The appropriate Governing Authorities will be responsible for approving these budgets. Committee members, as identified below, will also be responsible for coordinating with their appropriate associations/agencies on issues involving Governing Body approvals: • Four City Managers appointed by the Orange County City Managers' Association • Chief Executive Officer, County of Orange, or Designee • Sheriff -Coroner • GSA Director CONTRACT/1TAGREE.DOC 1M:skb 01/30/968:49AM Page 16 P 9 0 Each must designate and name an alternate as a voting member if member cannot attend. 19. AGREEMENT AMENDMENT PROCESS This Agreement may be amended or modified by consent of all of the Governing Authorities representing the Parties. 20. AGREEMENT DATE This Agreement shall take effect as above dated. This Agreement may be terminated by any Parties to the Agreement as listed on Exhibit "A" as to that Party by serving written notice of termination on the County and after meeting its financial obligations under this Agreement. After the expiration of sixty (60) days from the giving of such notice, the Party so electing to withdraw shall cease to be a Party to this Agreement. Such termination shall not relieve said Party or other Party of any financial obligation assumed as part of this Agreement. The Parry terminating shall not be responsible for any financial obligations assumed by the other Parties hereto subsequent to said termination. Similarly, it is understood that County has ownership of the System Backbone and certain backbone sites, as well as FCC licenses presently owned by the County, and upon any termination by any Parties to the Agreement, any and all right, title and interest in the System Backbone, those backbone sites and FCC licenses shall remain with the County. Should the County wish to withdraw, an orderly transition to remaining Parties must be affected. CONTRACT/FrAGREEDOC JM:skb 01/30/968:49AM Page 17 0 • IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE Director of General Services Agency Dated: , 19_ Approved As to Form: County Counsel CONTRACTITAGREE.DOC JMskb 01/30/96 8:49 AM Page Is 11 0 CITY OF: ATTEST: By: By: City Clerk Approved As To Form: City Attomey 19 CONTRACTOTAGREEDOC 1Mskb 01/30/968:49 AM Page 19 w L�7 a 0 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT: PARTICIPATING MUNICEPALITIES, ORANGE COUNTY FIRE AUTHORITY, AND COUNTY OF ORANGE 95,T,KH1B1TH.PEV 12!7195 Page I of 3 . RESPOWS10-IM", .. .... . .. ... ... . ......... . ..... ..... CrI'Y . ..... .. .... . ..... .. .. . .... . ..... .. ................... ...... ......... Anaheim City Manager 200 S. Anaheim Blvd. 714/254-5100 P. O. Box 3222 Anaheim, CA 92803 Brea City Manager I Civic Center Circle 714/990-7600 Brea, CA 92621-5758 Buena Park City Manager 45650 Beach Blvd. 714/562-3500 P. O. Box 5009 Buena Park, CA 90622-5009 Costa Mesa City Manager 77 Fair Drive 7141754-5223 P. O. Box 1200 Costa Mesa, CA 92628-1200 Cypress City Manager 5275 Orange Avenue 714/229-6700 P. O. Box 609 ress, CA 90630 Dana Point City Manager 33282 Golden Lantern 7141248-9890 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater Avenue 714/9654400 Fountain Valley, CA 92708 Fullerton City Manager 303 W. Commonwealth 714n38-6300 Fullerton, CA 92632 Garden Grove City Manager 11222 Acacia Parkway 714/741-5000 P. O. Box 3070 Garden Grove, CA 92642 Huntington Beach City Administrator 2000 Main Street 714/536-5511 P. O. Box 190 Huntington Beach, CA 92648 Irvine City Manager I Civic Center Plaza 714/724-6000 P. O. Box 19575 Irvine, CA 713 Laguna Beach City Manager 505 Forest Avenue 714/497-3311 Beach CA 92651 Laguna Hills City Manager 25201 Paseo de Alicia, Suite 150 714n07-2600 Laguna Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 714/3624300 La N el ,CA 92656 La Habra City Manager 201 E. La Habra Blvd. 310/905-9700 P. O. Box 337 La Habra, CA 90633-0337 95,T,KH1B1TH.PEV 12!7195 Page I of 3 0 EXHIBIT A 0 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT: PARTICIPATING MUNICIPALITIES, ORANGE COUNTY FIRE AUTHORITY, AND COUNTY OF ORANGE 951LXH1BrrH.REV 12M95 Page 2 of 3 RESPONSIBLE . ..... ... ... .. CITY AD .... .... PHON-F-J . Lake Forest City Manager 23778 Mercury Road 714/707-5583 Lake Forest, CA 92630 La Palma City Manager 7822 Walker Street 714/523-7700 La Palma, CA 90623 Los Alamitos City Manager 3191 Katella Avenue 714/827-8670 Los Alamitos, CA 90720 Mission Viejo City Manager 25909 Pala, Suite 150 714/470-3000 Mission Viejo, CA 92691 Newport Beach City Manager 3300 Newport Blvd. 714/644-3309 P. O. Box 1768 Newp rt Beach, CA 92658-8915 Orange City Manager 300 East Chapman 714/744-5500 P. O. Box 449 Orange, CA 92666 Placentia City Administrator 401 East Chapman 714/993-8231 Placentia, CA 92670 San Clemente City Manager 100 Avenida Presidio 714/361-8200 San Clemente, CA 92672 San Juan Capistrano City Manager 32400 Paseo Adelanto 7141493-1171 San Juan Capistrano, CA 92675 Santa Ana City Manager 20 Civic Center Plaza 714/647-5400 P. O. Box 1988 M30 Santa Ana, CA 92702 Sea] Beach City Manager 211 Eighth Street 714/828-9550 Sea] Beach, CA 90740 Stanton City Manager 7800 Katel1a, Avenue 714/379-9222 Stanton, CA 90680 Tustin City Manager 300 Centennial Way 714/573-3000 P. O. Box 3539 Tustin, CA 92681 Villa Park City Manager 17855 Santiago Blvd. 714/998-1500 Villa Park CA 2667-4187 Westminster City Manager 9200 Westminster 714/898-3311 Westminster, CA 92683 Yorba Linda City Manager 4845 Casa Loma Avenue 714/961-7100 P. O. Box 87014 Yorba Linda, CA 92686-8714 951LXH1BrrH.REV 12M95 Page 2 of 3 EXHIBIT A • 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT: PARTICIPATING M­UNICIPALFMS, ORANGE COUNTY FIRE AUTHORITY, AND COUNTY OF ORANGE . . ... . ..... ............... ........ .. ..... ... ....... PH ....... COUNTY. ::::�:;.::::ADMRCSTRATOlk::::::::: AD'OkEW" . . ............. Orange County Fire Director of Fire Services 190 South Water Street 714/289-7410 Authority Orange, CA 92666 Director 14 Civic Center Plaza County of Orange General Services Agency First Floor 714/834-2114 Santa Ana, CA 92701-4047 951E'-ai1B1TH.REV 1217/95 Page 3 of 3 6 0 EXHIBIT B 800 MHz CCCS PARTICIPATING AGENCIES Agency Law Enforcement Fire Department Public X X X Brea X X Buena Park X OCFA WWorlkqsLifeAnaheim Costa Mesa X X C ress X OCFA Dana Point SHERIFF OCFA Fountain Valley X X X Fullerton X X X Garden Grove X X X Huntington Beach X X X X Irvine X OCFA X La Habra X X X La Palma X OCFA X Laguna Beach X X X X Laguna Hills SHERIFF OCFA Laguna Niguel SHERIFF OCFA Lake Forest SHERIFF OCFA Los Alamitos X OCFA Mission View SHERIFF OCFA Newport Beach X X X X Orange X X X Placentia X OCFA X San Clemente SHERIFF OCFA X X San Juan Capistrano SHERIFF OCFA Santa Ana X X Seal Beach X OCFA Stanton SHERIFF OCFA X Tustin X OCFA X Villa Park SHERIFF OCFA Wesdninster X OCFA X Yorba Linda BREA PD OCFA X Central Net Fire Dispatch X North Net Fire Dispatch X Orange County Fire Authority X Animal Control X District Attorney X EMA X GSA/Communications X GSA/Facilities Operations X GSArrransportation X Orange County Marshal X Orange County Probation X Sheriff -Coroner X John Wayne Ai rt X 95/SOOMHz.247 SM:skb 10/26/95 �1 ADJUSTED.=36.1 M ::;:COUNTY OF ORANGE EXHIBIT C COST. summml ENFORCE T ONLY IMDT & PW NOT INCLU DELETED (2,SOO,OOOJ� (600,000) 0 (3,100,000 (1,400,000)1 X4,500,000 30 910,367 22,124,028 14,347,313 67,381,744 10,238,983 77,620,727 NAR: 20 -Oct -95 EQUIP001 A EOUIPME SY EM SHARE? MWOTOROLA CAPITAL DED UHAND INFRASTRUCTURE SERVICES TOTAL PROJECTS TOTAL CITY/AGENCY $33,410,387 $22,724,028 $14,347,313 $70,481,728 $11,639,000 $82,120,728 CHEDULEA SCHEDULE SCHEDULED SITEDEV. AnAHEIM 2,714,283 1,797,282 1,447,916 5,959,482 5,959,482 BREA 1,110,185 639,313 515,039 2,264,536 2,264,536 BUENA PARK 633,155 391,890 315,711 1,340,757 1,340,757 COSTA MESA 1,279,063 618,744 498,463 2,396,269 2,396,269 CYPRESS. 599,763 259,960 209,422 1,069,145 1,069,145 DANA POINT 144,764 171,449 138,120 454,322 454,322 FOUNTAIN VALLEY 625,039 305,712 246,293 1,177,044 1,177,044 FULLERTON 975,858 653,766 526,682 2,156,296 2,156,296 GARDEN GROVE 1,192,122 820,557 661,051 2,673,729 2,673,729 HUNTINGTON BEACH 2,341,642 1,283,773 1,034,222 4,659,638 4,659,638 IRVINE 1,162,827 769,266 619,731 2,551,825 2,551,825 LAGUNA BEACH 511,545 201,493 162,321 875,359 875,359 LAGUNA HILLS 131,198 120,479 97,059 348,735 348,735 LAGUNA NIGUEL 162,010 243,568 196,220 601,787 601,787 LAKE FOREST 175,465 240,655 193,880 610,001 610,001 LAHABRA 616,651 299,354 241,165 1,157,170 1,157,170 LA PALMA 337,879 102,794 82,811 523,485 523,485 LOS ALAMITOS 349,308 88,939 71,648 509,895 509,895 MISSION VIEJO 263,364 341,152 274,832 879,348 879,348 NEWPORT BEACH 1,421,351 629,607 507,228 2,558,186 2,558,186 ORANGE 1,277,791 738,884 595,257 2,611,932 2,611,932 PLACENTIA 427,384 241,439 194,506 863,328 863,328 SAN CLEMENTE 461,425 242,151 195,075 898,651 898,651 SAN JUAN CAPISTRANO 109,685 135,652 109,289 354,626 354,626 SANTA ANA 2,458,253 1,691,264 1,362,512 5,512,029 5,512,029 SEAL BEACH 429,238 166,480 134,125 729,843 729,843 STANTON 230,761 177,539 143,025 551,326 551,326 TUSTIN 646,075 393,618 317,108 1,356,801 1,356,801 VILLA PARK 12,403 24,309 19,580 56,292 56,292 WESTMINSTER 1,076,897 553,811 446,164 2,076,873 2,076,873 YORBA LINDA 475 0 0 475 475 CITY SUBTOTAL 23,877,849 14,344,883 11,556,452 49,779,185 0 49,779,185 SHERIFF 3,903,327 4,688,708 1,561,679 10,163,714 6,512,808 16,666,522 DISTRICT ATTORNEY 848,815 738,794 246,065 1,833,674 1,026,190 2,859,864 MARSHAL 1,075,484 742,197 247,210 2,064,890 1,030,963 3,095,853 PROBATION 1,205,209 910,580 303,290 2,419,079 1,264,838 3,683,917 ANIMAL CONTROL 222,577 271,464 90,415 584,466 377,065 961,521 EMA 0 0 0 0 0 0 GSA/COMMUNICATIONS 1,735,083 700,973 233,476 2,669,532 973,687 3,643,218 JOHN WAYNE AIRPORT 542,044 326,429 108,726 977,199 453,433 1,430,632 GSAIFAC OPS 0 0 0 0 0 0 IWMD 0 0 0 0 0 0 IRVINE RANCH WATER 0 0 0 0 0 0 OC SANITATION 0 0 0 0 0 0 SO COAST WATER 0 0 0 0 0 0 SPARES 0 0 0 0 0 0 GSAITRANS 0 0 0 0 0 0 VECTOR CONTROL 0 0 0 0 0 0 OTHER COUNTY COSTS 0 0 0 0 COUNTY SUBTOTALl 9.532.5381 8,379,1451 2,790.8601 20,702.5431 11,638,9831 32.341.526 TOA14,347,31JI 70,4t$1,7441 11,538,9831 82,120,727 DELETED (2,SOO,OOOJ� (600,000) 0 (3,100,000 (1,400,000)1 X4,500,000 30 910,367 22,124,028 14,347,313 67,381,744 10,238,983 77,620,727 NAR: 20 -Oct -95 EQUIP001 A ANAHEIM BREA BUENA PARK COSTA MESA CYPRESS DANA POINT FOUNTAIN VALLEY FULLERTON GARDEN GROVE HUNTINGTON BEACH IRVINE LAGUNA BEACH LAGUNA HILLS LAGUNA NIGUEL LAKE FOREST LA HABRA LA PALMA LOS ALAMITOS MISSION VIEJO NEWPORT BEACH ORANGE PLACENTIA SAN CLEMENTE SAN JUAN CAPISTRANO SANTA ANA SEAL BEACH STANTON TUSTIN VILLA PARK WESTMINSTER YORBA LINDA CITIES SUBTOTAL COUNTY SUBTOTAL CITIES/COUNTY SUBTOTAL COUNTY DELETIONS TOTAL NAR: 08 -Dec -95 EQUIP007 • EXHIBIT D • ESTIMATED PAYMENT SCHEDULE SUMMARY - MOTOROLA CONTRACT AND $6.1 MILLION ADJUSTMENT FY95/96 FY96/97 FY97/98 FY98/99 FY99/2000 *I TOTAL 623,425 1,534,828 2,547,828 945,967 307,434 5,959,482 239,121 582,618 971,164 356,754 114,879 2,264,536 140,893 345,133 574,069 212,051 68,611 1,340,757 255,979 615,716 1,031,654 373,930 118,990 2,396,269 115,032 274,493 461,408 165,839 52,373 1,069,145 45,770 117,481 191,852 74,249 24,970 454,322 125,645 302,464 506,624 183,784 58,527 1,177,044 225,395 555,389 921,632 342,489 111,391 2,156,296 278,976 688,798 1,142,104 425,289 138,563 2,673,729 493,647 1,198,392 2,000,516 732,113 234,969 4,659,638 266,964 657,203 1,090,991 405,039 131,628 2,551,825 94,761 224,585 378,561 135,077 42,375 875,359 35,700 90,025 148,034 56,304 18,672 348,735 59,786 155,840 252,986 99,368 33,808 601,787 60,920 157,881 256,869 100,339 33,992 610,001 123,585 297,340 498,152 180,607 57,486 1,157,170 57,573 134,063 227,613 79,683 24,553 523,485 55,649 130,430 722,478 76,921 23,418 509,895 88,113 227,514 370,689 144,286 48,745 879,348 274,854 656,895 1,103,504 397,279 125,652 2,558,186 275,728 672,016 1,120,044 411,575 132,569 2,611,932 91,279 222,085 370,404 135,866 43,694 863,328 95,482 231,046 386,193 140,858 45,074 898,651 35,633 91,726 149,626 58,069 19,572 354,626 575,140 1,419,987 2,354,529 876,733 285,639 5,512,029 79,086 187,230 315,736 112,528 35,263 729,843 57,099 142,145 234,926 88,212 28,943 551,326 142,730 349,222 581,143 214,405 69,301 1,356,801 5,515 14,598 23,559 9,390 3,230 66,292 220,964 533,889 892,933 325,175 103,911 2,076,872 571 1201 2131 671 181 475 5,241,501 12,811,153 21,328,036 7.850,2451 2,538,249 49,779,184 ,\ E 0 SUMMARY OF COST ALLOCATIONS On the attached, there are two cost allocation scenarios, one defined as "pro -bankruptcy" and one defined as "post -bankruptcy." Each includes the $70 -million Motorola eomnwt (exclusive of public works radios, MDT infrastructure, and MDT units) and expenses for capital projects (development of radio sites). Field equipment is based on your individual city's costs for law enforcement portable radios, mobile radios, and consoles, as well as installation of this equipment. 2. The low-level backbone/infrastructure includes common site equipment, master site equipment, mutual aid systems and diagnostic system, for a total of $10.2 million. This low- level backbone is spread to the Cities and County agencies/departments based on a formula of number of radios and projected population for the year 2000. 3. The high-level backbonelinfrastructure category includes the North County system, South County system, Countywide system, and microwave system, for a total of $16 million. The County had historically agreed to pay for the high-level backbone system. Under the initial system proposed by Motorola, the high-level backbone/infrastructure totaled $5 million. By eliminating the conventional systems and providing an all digital trunked system, the County's responsibility for the high-level backbone category increased from $5 million to $16 million. The $3.5 million system discount agreed to by Motorola in the negotiation process was subtracted from the high-level backbone, thereby reducing the County's increased high-level backbone cost to $12.5 million. It is currently proposed that the cities pay $6.1 million of the high-level backbone and the County pay $6.4 mil&on. 4. Shared services includes Motorola program management, backbone system installation, engineering, insurance, warranty and training costa. These costs were allocated, as agreed to, based on number of mobile and portable radios and projected population for the year 2000. Capital projects include the design and -construction of towers, antennas, and radio structures at each of the backbone sites, and assumes the fdl expense to the County. This expense is estimated at $11.6 million. The County's share under this formula is $32.3 million, including some delayed or deleted items. This is In addition to $11 million over a three -and -a -half-year period for staffing and site operational expenses during implementation of the system. The County has also provided $19.4 million in site construction and digital microwave to date that is in use and will be used to support the 800 MHz system. 951MMW31 W*b 1U195 SW MHz SYSTEM COUNT YXITYCOST ALLOCATIONS SPD MILLION CONTRACT ANDS11.8 MILLION SITE DEVELOPMENT (NO PUBLIC WORKS OR MOI EQUIPMENT) FIELD EQUIPMXNT LOW LEVEL6ACKBONE SHARED SERY=S CAPITALPROJECTS TOTAL % SHARE IN WLIJONS PRE BANKRUPTCY• POST BANKRUPTCY *0 COUNTY CRY COUNTY CITY 9.6 219 as 23.5 zo 6.2 2.0 &2 2.6 11.6 2.811.6 11.6 D 1tA &a 36.4 43.7 32.3 4A6 48.77% 53.2376 38348 6668% COUNTYOPERATING EXPENSES/ IMPLEMENTATtON ••• COUNTYTOTAL 45.4 43.3 COUNTYSHARE 5&N% 48.51% • • USES ORIGINAL FORMULA OF RADIOS AND POPULATION TO DISTRIBUTE LOW LEVEL BACKBONE AND SHARED SERVICES EXPENSES. MOTOROLA OISCCW OF 539 MIWON APPLIE13TO HIGH LEVEL BACKBONE: COUNTY PAYS FOR HIGH LEVEL BACKBONE ANDCAPITALPROJECTS (SITE DEVELOPMENT). •• USES ORIGINAL FORMULA OF RADIOS AND POPULATION TO DISTRIBUTE LOW LEVEL BACKBONE AND SHARED SERVICES EXPENSES: COUNTY PAYS FOR CAPITAL PROJECTS AND $8.4 MILLION OF 612.5 MILLION FOR HIGH LEVET. BACKBONE. $&1 MILLION OF NON LEVELALLOCATED TO C0'IES. ""• COUNTY STAFFING, OPERATING AND LEASE COSTS FORTHE REMOTE ORES, DURING 3 U2 REMANING YEARS OF IMPLEMENTATION (111(56-613tV49J. INCLUDES ANNUAL OOSTS CF $1.3 MILLION FORCONTROL 1, 51.5 MILLION FOR COMMUNK.ATWN80IVISPOK $100.400 FOR REAL ESTATE COSTS, ANDSI00.4M FOR LITILITIESAS OF 100, . ^ $t.S MLIUON DELAYED OR DELETED INCLUOM $2.5 MILLION FOR MARSHAL, PROBATION ANDANI MILOONTROL FIELD EQUIPMENT AND $2 MILLION FOR MOTOROLA EQUIPMENT AND SITE DEVELOPMENT FOR LACUNA BEACH FILL IN SITES: BASED ON RADIOS AND POPULATION, COUNTY'S SHARE OF SYSTEM INFRASTRUCTURE WOULD HAVE BEEN 195% VERSUS SIU X, FOR CITIES. NAR 0I -Nov -95 FILE005A