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HomeMy WebLinkAboutA-2003-182'INSURA~CF_. NOT ~ORK MAY CLERK OF COUNCIL AMENDMENT TO JOINT AGREEMENT FOR ~ IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGA~I~RTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM DATED JANUARY 30, 1996 A-2003-182 WHEREAS, the parties hereto previously entered into that JOINT AGREEIV~NT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COlVI1VIUNICATIONS SYSTEM dated January 30, 1996 and fully executed April 24, 1996 (hereinafter referred to as "Joint Agreement"); and WHEREAS, Section 15 of the Joint Agreement which addresses the issue of Cost Sharing for the 8001VlHz Backbone System expenses, provides in material part: "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."; and WHEREAS, the parties to the Joint Agreement have now reached consensus on the appropriate costs and how these cost shall be distributed to the parties, and intend this document to be the Amendment to the Joint Agreement in which that consensus is set forth. NOW, THEREFORE, the parties agree as follows: i. Delete Section 15 SYSTEM MODIFICATIONS AND COS~i' SHARING located on Page 13 9fthe Joint Agreement, and substitute the following in its place: "15 SYSTEM MODIFICATIONS AND COST SHARING 1SA System Modifications System modifications ~nay 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 ~nd spproval by the Governance Committee, System modifications recommended by County a.nd agreed to by the Governance Committee will then be forwarded to Governing Authorities for approval, as appropriate, and implemented by County, 3u1'28'03 0~:26p Public Works 7146473345 Cost sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual ?micipatiug Atenoies. The cost for any modification intended for thc sole use and support of a single participating Agency shall be borne by that Participating Agency. Thc 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 a~re~blc to those Partlclpati~ Agencies. The cost-sharing formula for future System modifications involving all participating Agendes will be developed by the Governance Committee and agreed to by the Gova'ning Author/ties. 15.2 Colt Sharing Beginning July 1, 2002 A. Effective Date/Percentage Share The Cities and Orange County Fire Authority (OCFA) will commence System Backbone cost sharing payments as of July 1, 2002, Thc following table represents the respective aggregate obligations for the cost of the System Backbone expressed as a porc~tng¢ of the total cost; " 1. FY 02-03 a. County's share of cost 51% b. Cities'/OCFA's share of cost 49% 2. FY 03-04 a. County's share of cost 45.6% b. Citics'/OCFA's share of cost 54.4% 3. FY 04-05 and thereafter a. County's share of cost 40.18% b. Citics'/OCFA's share of cost 59.82% The individual obligations for the cost of the System Backbone, as approved by the Governance Committee, for each of the Cities and OGFA shall be determined by dividing the number of radios that each of thc Cities and the OCFA. respectively, are operating on thc System by thc total number of radios that the Cities and OCFA are collectively operating on the System. The resulting ratios shall each k/e multiplied by the aggregate percentage obligations of thc Cities and OCFA for each fiscal year as set forth above. The resuhing products shall be the Cities' and OCFA's individual pementag¢ obligations for the cost of the System Backbone in each applicable fiscal year. 15.3 Cities/OCFA Payment of FY 02-03 Backbone Costs County is authorized to transfer from the County's Site Development and Infrastructure Fund to the County General Fund, an amount equal to the Cities' and OCFA's FY 02-03 share of cost for System Backbone operations, The purpose of this transfer is to finance Cities' and OCFA's FY 02-03 share of the System Backbone costs and to allow cities and OCFA to pay said costs over a period of time. Furthermore, it allows the County to receive said mount in its General Fund as was budgeted for FY 02-03, ~ach city and OCFA will amortize its share of thc FY 02-03 System Backbone costs, interest free, over a period of 5 year~, commencing July 1, 2003, by paying back to County 20% of its share of the FY 02- 03 System Backbone cost each year thereafter for five years. Each city and OCFA shall make th/s payment to County along with its regular Systera Backbone cost-sharing expense payment for that particular fiscal year. 15.4 Annual Payment 15.5 Commencing July 1, 2003, and continuing each year thereafter, each city and OCFA will contribute 100% of its allocated share of the System Backbone costs based on the formula set forth in 15.2.A above. Said payments shall be made on a quarterly basis in advance within thirty days of billing. New Site Development and Infrastructure Fund The County will place the approximately $4.1 million currently in the County's Site Development and Infrastructure Fund, less the amount County is allowed to deduct from that fund pursuant to 15.3.A. above, into a separate Site Development and Infrastructure Fund. This fund will be controlled by the 800 MHz Governance Committee. Each project financed from this fund will require prior 800 MHz Governance Committee approval. Each expenditure from the Site Development and Infrastructure Fund must be utilized for County's share of site development and/or infrastructure costs. On June 30, 2008, any remaining balance in the Site Development and Infrastructure Fund shall be administratively transferred to the County General Fund without further approval by the 800 MHz Governance Committee, cities or the OCFA. 15.6 Exclusive Backbone System Costs 3u1'~8.'03 02:2Bp Public Works 7146473345 p.3 15.7. Unless otherwise authorized by separate agreement or an amendment to thc Joint Agreement for the Implementation and Operation of the 800.- MHz CCCS (thc "800 ~ CCCS Joint Agreement"), none of the cost clements covered thereunder shall be included in other scrwice agreements between the County of Orsnge and the Cities Or OCFA. No Change to Governance Structure The Governance Committee structure set forth in Section 18 of the 800 MHz CCCS Joint Agreement, to oversee the cost of operations, projects financed from the Site Development and Infrastructure Fund, and to set policies rcgarcling nsc of the System, is not changed by this Amendment. 15.8 New Users of CCCS 1S.9 New users of the System shall be charged pursuant to the policy established by the Governance Committee under Section 16 of the 800 MHz CCCS Joint Agreement. Budget/Year-End Settlement A. The System budget and allocation of expenses will be submitted for approval to the Governance Committee ninety (90) days in advance of each fiscal year and communicated to the Cities/OCFA for purposes of including same in their budgets for the next fiscal year. Bo As soon as practicable following the end of each fiscal year, a final accounting shall be performed to determine the actual cost of backbone system operations, infrastructure and maintenance costs for that fiscal year. Thereafter, to the extent there have been contributions made by the county, each city, each participating agency and the OCFA which exceed the actual cost of operations and maintens~.ce, the amount of said excess contributions shall be credited to each party in the same proportion as was used to create the excess. In the event of a shortfall, each party shall be billed its pm-rata share of the shortfall, which shall be paid in the first quarter payment for the next fiscal year following the fiscal year of the shortfall. 15.10 800 MHz CCCS Site Revenues In the event County decides to generate revenues from the commercial, non-governmental sector by leasing space at the County's radio sites, the following shall apply: A. The use of said radio sites shall not interfere with or degrade the efficiency of the Syst~n. B. The net revenues generated ~om such use shall be shared among the parties to this SO0 MHz CCCS :Joint Agreement in the same proportion as each party contributed to the maintenance and repair of the radio site(s) for the fiscal year the revenue is generated, up to the amount of each party's contribution for maintenance and repair of the base radio site(s) ~om which the revenue is generated. All additional net revenues shall go to the County. 15.11 Effective Date The effective date of this Amendment to the 800 MHz CCCS Joint Agreement shall be July 1, 2003." 2. All other provisions contained in the 800 MHz CCCS Joint Agreement shall remain unchanged. 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 Amendment, each which shall for all purposes be deemed an original thereof. COUNTY OF OILa3qGE Approved A~ to Form: County Counsel By. ,&.A,,~c~ ~ Dated: CITY OF.' SANTA ANA DAVID N. REAM City Manager ATTEST: ~ ~A'fK£C£A E. HEALY City Clerk Dated: Approved As To Form: City Attorney JOSEPH W. FLETCHER - ,/