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Home My WebLink About20 - CC-9 - Attachment 3 - 9/20/2016AMENDMENT TO JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM THIS AMENDMENT ("Amendment") is entered into on March 18 , 2015 by and between the Parties listed on Exhibit A. attached hereto, which are sometimes individually referred to as "Party" or collectively referred to as the "Parties." RECITALS A. On November 23, 2004, the Parties executed that certain document entitled Joint Agreement for the Operation, Maintenance and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System ("Agreement"), which provides for the management and governance of the 800 MHz Countywide Coordinated Communications System ("800 MHz CCCS"). B. The 800 MHz CCCS requires significant enhancement in order to extend the life of the system. C. Pursuant to Section 15.10 of the Agreement, the Governance Committee and the County have developed a long-range implementation plan to extend the CCCS, and have developed a scope of work, which includes all the activities, infrastructure and project schedule information for fiscal years 2014-19 described on Exhibit B, attached hereto ("System Extension"). D. The Governance Committee and County have also developed the overall estimated cost of the System Extension, including each Party's estimated funding share by fiscal year described on Exhibit C, attached hereto. E. A Party's funding plan for the System Extension may consist of one or more of the following: 1) a Party's cash contribution, 2) a Party or a group of Parties financing all or a portion of the System Extension through the issuance of tax exempt bonds or other public financing mechanisms, and/or 3) a Party or group of Parties financing all or a portion of the System Extension through the County approved System Extension vendor. F. The Parties desire to amend the Agreement to provide their commitment to the System Extension and describe their implementation and funding obligations. G. This Amendment has been approved by the Governance Committee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: Page 1 of 11 I . Implementation Obligation . The Parties hereby commit to fund and implement the System Extension as described on Exhibit B and Exhibit C. a. California Environmental Quality Act ("CEQA" ). The County shall be the lead agency for purposes of CEQA and shall obtain all necessary approvals for the System Extension. b. Party Cost Share. The Parties intend to implement and fund the System Extension over several years beginning in fiscal year 2014-15 through fiscal year 2018-19. Each Party is responsible for its fair share contribution to the System Extension. The total estimated budget for the System Extension and each Party's fair share contribution is depicted on Exhibit C ("Cost Share"). A Party's Cost Share is determined by the number of subscriber radios used by the Party on the CCCS, as well as the Party's proportionate share of the System Extension dedicated to System Backbone. Each Party shall pay its total Cost Share in five fiscal year payments beginning in fiscal year 2014-15 through fiscal year 2018-19 in accordance with the procedures in Subsection (c) below. Each Party acknowledges that its Cost Share for the System Extension is an estimate and is expressed as a n.ot to exceed amount. Each Party's Cost Share will be based on an actual quote by a third party vendor who will perform the System Extension under a contract or series of contracts approved and managed by the County ("Contractor"). A Party's actual Cost Share amount will be determined prior to the beginning of each fiscal year in which it is due and will be based on the Contractor's scope of work for the respective fiscal year. Therefore, the Cost Share depicted on Exhibit C may change, and may be periodically updated by the Parties to reflect any changed equipment or authorized System Extension modification expenses. C. Invoicing & Payment. The County will calculate the actual Cost Share amount due the following fiscal year, and will invoice each Party by July 1. Each Party shall pay its respective Cost Share to the County within thirty (30) days of the start of the fiscal year. A Party is exempt from the payment procedures of this Subsection he for the relevant fiscal year if it has - i. Executed a binding agreement with the County approved Contractor, agreeing to pay or finance its Cost Share through the Contractor directly, or ii. Executed a binding agreement with the County agreeing to jointly finance its Cost Share. d. Cost Share Responsibility. Upon execution of this Amendment, each Party is responsible for its actual Cost Share regardless of the form and manner of payment described herein, such that the Party cannot terminate its Cost Share obligation for any reason. In the event of a withdrawal from the system in accordance with Section 20 of the Agreement or in the case of a default for failure to pay its Cost Share in accordance with this Amendment, each Party remains obligated to pay to County the Party's outstanding Cost Share as that obligation becomes due. Should any Party fail to pay its respective Cost Share when due, the County shall take action as is appropriate to obtain such payment. Nothing herein shall be construed as the County's exclusive remedy for the remediation of defaults by a Party or Parties, Page 2 of 11 and the County reserves the right to pursue any and all available rights and remedies at law or in equity. e. County Trust Account. The County shall deposit all Cost Share contributions into a trust account that is managed solely for the purpose of the System Extension, 2. System Extension Administration, The Orange County Sheriff -Coroner Department/Communications & Technology Division shall administer all agreements for the System Extension, and regularly report such progress to the Governance Committee, 3. Participating Agencies. The Parties hereby update the list of Participating Agencies described on Exhibit D, attached hereto, which shall replace in its entirety Exhibit D of the Agreement. Participating Agencies will continue to contribute to overall backbone costs through the payment of a separate and established entry fee for every radio added to the system. 4. Capitalized Terms. Any capitalized terms not defined herein shall have the meanings set forth in the Agreement. 5. Counter arts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 6. Full Force. Except as expressly set forth herein, the Agreement shall remain unmodified and in full force and effect. Page 3 of 11 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above. THE COUNTY OF RANGt, a political subdivis1 o th t to of California By: Chairma f t Bo d f Supervisors SIGNED AN CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE C IR AN THE BO RD By; Cle of the Board of Supervisors County of Orange, California APPROVED AS TO FORM: CO am [CITY SIGNATURE BLOCKS TO BE INSERTED] Page 4 of 11 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above. THE COUNTY OF ORANGE, a political subdivision of the State of California By: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD 1.2 Clerk of the Board of Supervisors County of Orange, California APPROVED AS TO FORM: COUNTY COUNSEL an APPROVED AS TO FORM: CITY QEY S OFFICE Date: City ATTEST: 1 Date: 51-30 1 By: g"1� .Prt' Brenda Green City Clerk Page 4 of 11 CITY OF COSTA MESA, a California municipal corporation Date: AwffAw By: ff Step en Mensinger Mayor EXHIBIT A PARTIES TO THE AMENDMENT Page 5 of 11 RESPONSIBLE ENTITY ADMINISTRATOR ADDRESS PHONE ## Aliso Viejo City Manager 12 Journey, Suite 100 949/425-2512 Aliso Viejo, CA 92656-5335 Anaheim City Manager 200 S. Anaheim Blvd. 714/765-5162 Anaheim, CA 92805 Brea City Manager 1 Civic Center Circle 714/990_7770 Brea, CA 92821-5732 Buena Park City Manager 6650 Beach Blvd.Suena 7141562-3550 Parr., CA 90620 Costa Mesa City Manager 77 Fair Drive 714/754-5328 Costa Mesa, CA 92626 Cypress City Manager 5275 ®range Avenue 714/229-6688 Cypress, CA 90630 Dana Point City Manager 33282 Golden Lantern, Suite 203 9491248-3513 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater Avenue 714/593-4410 Fountain Valley, CA 92708 City Manager 303 W. Commonwealth Ave 714/738-6310 Fullerton Fullerton, CA 92832 Garden Grove City Manager 11222 Acacia Parkway 714/74.1-5100 Garden Grove, CA 92840 Huntington Beach City Administrator 2000 Main Street 7141536-5575 Huntington. Beach, CA 92648 1 Civic Center Plaza Irvine City Manager Irvine, CA 92623-9575 9491724-6246 La Habra City Manager 201 E. La Habra Blvd.La 5621905-9701 Habra, CA 90633 Page 5 of 11 Page 6 of 11 RESPONSIBLE ENTITY ADMINISTRATOR ADDRESS PHONE � La Palma City Manager 7822 Walker StreetLa 7141690-3333 palma, CA 90623 Laguna Beach City Manager 505 Forest Avenue 9491497-0704 Laguna Beach, CA 92651 Laguna Hills City Manager 2403 5 El Toro RoadLaguna 949/707-2610 Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 9491362-4300 Laguna Niguel, CA 92677 Laguna Woods City Manager 24264 El Toro Road 9491639-0525 Laguna Woods, CA 92653 Lake Forest City Manager 25550 Comtnercentre Drive 9491461-3410 Lake Forest, CA 92630 Los Alamitos City Manager 3191 Katella Avenue 5621431-3538 Los Alamitos, CA 90720 ext. 201 Metro Cities Fire 201 S. Anaheim Blvd., Suite 302 Manager Authority Anaheim, CA 92805 714/765-4077 Mission Viejo City Manager 200 Civic CenterMission 9491470-3051 Viejo, CA 92691 3300 Newport Blvd. Newport Beach City Manager 9491644-3000 Newport Beach, CA 92663-3884 300 East Chapman Ave. ®range City Manager 7141744-2222 Orange, CA 92866 Orange County Fire Fire Chief 1 Fire Authority Road 7141573-6010 Authority Irvine, CA 92602 Orange, County of CEO 333 W. Santa Ana Blvd. 7141834-6200 Santa Ana, CA 92701 Page 6 of 11 RESPONSIBLE ENTITY ADMINISTRATOR ADDRESS PIEIi�NE # 401 East Chapman Ave Placentia City Administrator Placentia, CA 92870 714/993-8117 Rancho Santa City Manager 22112 El Paseo 949/635-1800 Margarita Rancho Santa Margarita, CA 92688 ext. 210 100 Avenida Presidio San Clemente City Manager 9491361-8322 San Clemente, CA 92672 32400 Paseo Adelanto San Juan Capistrano City Administrator 9491443-6317 San Juan Capistrano, CA 92675 20 Civic Center Plaza ,Santa Ana City Manager 7141647-5200 Santa Ana, CA 92701 211 8th Street 5621431-2527 Seal Beach City Manager Seal Beach, CA 90740 ext. 300 7800 Katella Avenue 714/379-9222 Stanton City Manager Stanton, CA 90680-3162 ext. 240 300 Centennial Way Tustin City Manager Tustin, CA 92780 714/573-3010 17855 Santiago Blvd. Villa Park City Manager 714/998-1500 Villa Park, CA 92861 West Cities Police West-Comm 911 Seal Beach Blvd. 562/594-7243 Communications Administrator Seal Beach, CA 90740 8200 Westminster Blvd. 714/898-3311 Westminster City Manager Westminster, CA 92683 ext. 402 4845 Casa Loma Avenue i'orba Linda City Manager 714/961-7110yorba Linda, CA 92886 Page 7 of 11 EXHIBIT B GENERAL DESCRIPTION OF SYSTEM EXTENSION AND PROJECT SCHEDULE 1.0 Overview The System Extension plan will focus on extending the life of the existing CCCS radio system by systematically replacing end -of -life equipment in strategic phases culminating in an upgrade to P25 compliance with the goal of continuing to provide quality radio communications to the law, fire, lifeguard and public works agencies in Orange County. 2.0 Description of System Extension 2.1 System Backbone --- Radio infrastructure equipment that is at or near the end of its expected life will be directly replaced with the current version of the same equipment that will maintain all existing features and functionalities and is able to work with the existing backhaul network. Specifically, this will involve the replacement of 565+ existing Quantar radio base stations and ancillary equipment at 25 radio sites with 800 MHz 3600 baud GTR8000 base stations and ancillary equipment. This will be accomplished in accordance with the following schedule: System Backbone schedule: Northwest Cell = 24 Quantars replaced in 2015 Southwest Cell = 40 Quantars replaced in 2015 Laguna Cell = 33 Quantars replaced in 2016 Moorhead IR Site = 8 Quantars replaced in 2016 North Cell = 105 Quantars replaced in 2016 South Cell = 135 Quantars replaced in 2017 Crystal Cove IR Site = 4 Quantars replaced in 2017 Countywide Cell = 210 Quantars replaced in 2017 Carbon Canyon IR Site = 3 Quantars replaced in 2017 Silverado IR Site = 3 Quantars replaced in 2017 2.2 Law Enfbreement Dispatch Consoles — Police Dispatch Gold Elite consoles will be out -of -service by the vendor in 2018 and will need to be replaced prior to 2018 to maintain the existing console priority feature once the system is upgraded to P25. Console priority is a feature unique to law enforcement dispatch and allows dispatch to have the ability to transmit and receive audio simultaneously and is an officer safety necessity. Existing Gold Elite Console equipment will be replaced with its successor console, the MCC7500. Due to the complexity of the replacement at each law dispatch center, only 6 dispatch centers can be upgraded each year. A schedule has been developed to address the 20 law dispatch centers on the system, as shown below. Page 8 of 11 Console schedule: FY14/15 - Loma Ridge, Irvine, Laguna Beach, Huntington Beach FYI 5116 - Anaheim, Brea, West Comm, Santa Ana, Tustin FYI 6/17 - Orange, Fullerton, Costa Mesa, Garden Grove, Westminster FYI 7/18 - Placentia, La Palma, Newport Beach, Fountain Valley, Buena Park, La Habra 2.3 System Field Equipment — When the System Backbone is upgraded to the P25 standard in FY 2018/2019, all subscriber radio equipment will also need to be P25 capable. Subscriber radios that are capable of being upgraded will need to receive the software/firmware upgrade prior to the backbone upgrade. Older subscriber radio equipment that is not capable of being upgraded to the P25 standard will need to be replaced prior to the P25 upgrade. Each agency will be responsible for the purchase of either replacement radios, or the necessary subscriber upgrade package for upgradable radios. 2.4 P25 Upgrade —When all backbone sites and law dispatch consoles have completed their equipment replacement, the vendor will initiate the necessary equipment and software update to bring the system up to the 7.18 software platform for P25 compliance. This final phase of the System Extension plan is scheduled for FY 201812019. Page 9 of 11 EXHIBIT C TOTAL ESTIMATED SYSTEM EXTENSION COST & ESTIMATED PARTY COST SHARE BY FISCAL YEAR " it5 reCCRWnenletl MM MV Pali amunfp co-orcknata a ildlK egUlpT ent pUrtiia5e In FY i&i'. JW44"415 Page 10 of 11 EXHIBIT D PARTICIPATING AGENCIES Page 11 of 11 RESPONSIBLE AGENCY ADMINISTRATOR ADDRESS PH[Ill�E Irvine Valley College Police Chief 5500 Irvine Center Drive, Irvine CA Police Department 92618 9491451-5201 Orange County Administrator Transportation 600 S. Main Street, Orange CA 92868 714/560-6282 Authority Saddleback College Police Chief 28000 Marguerite Parkway, Mission 9491582-4390 Police Department Viejo CA 92692 Santa Ana Unified School District Police police Chief 1601 E. Chestnut Avenue, Santa Ana CA 7141558-5536 92701 Department US Ocean Safety (OC 34127 Pacific Coast Highway, Dana Lifeguards) President Point CA 92629 949/276-5050 Page 11 of 11