HomeMy WebLinkAboutC-2509 - Joint Agreement for Operation of O/C Telecommunications System0 0
CITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: July 24, 1985
SUBJECT: Contract No. C -2509
OFFICE OF THE CITY CLERK
(714) 640 -2251
-7/ o
Description of Contract Joint Agreement for the Operation of
the Orange County Automatic Telecommunications System
Effective date of Contract June 18, 1985
Authorized by Minute Action, approved on May 28, 1985
Contract with County of Orange
Address GSA /Communications Division
481 The City Drive South
Orange, CA 92668
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach,
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
• May 28, 1985
TO: MAYOR AND CITY COUNCIL
FROM: Executive Assistant
SUBJECT: ORANGE COUNTY LAW ENFORCEMENT
MESSAGE SWITCHER. SYSTEM
ACTION: Approve attached joint agreement for
acquisition and operation of the
subject system and authorize the
Mayor and City Clerk to execute the
agreement.
COUNCIL AGENDA
ITEM N0. F -3(b)
BY THE C(TY CUNCU
CITY OF NEWPORT BEACH
MAY 28 11985
APPROVED
• BACKGROUND: The County Communications Division operates
the subject system for the benefit of all law enforcement
agencies. The current system is overloaded and in need
of upgrade.
The City pays approximately $750.00 per month for
the current system. Based on a shared cost formula, the
City would pay an additional $406.24 per month for the
necessary upgrade.
•
A letter from GSA Support Services explaining the
shared cost approach is attached.
The Police Department will process a budget amendment,
if needed, at a later date.
RECOMMENDATION: Approve
KJD;mm
attachment
KENNETH J/. DELINO
(--V)
ti
IICITY OF NEWPORT BEACH C G — Zso�
JOINT AGREEMENT FOR THE
OPERATION OF THE ORANGE COUNTY
AUTOMATIC TELECOMMUNICATIONS SYSTEM
b RECEIVED -o'
JUL 2 41985''
CRY M8ne6er
\ City of Newport 9eoe1
a
THIS AGREEMENT is by and between the COUNTY OF ORANGE, a body politic and
corporate, hereinafter designated as "COUNTY," and all the USERS listed on Exhibit
"A" which is attached hereto and incorporated herein by reference, hereinafter
sometimes designated as "USERS ".
WITNESSETH:
WHEREAS, the administration of State, County and City government and the
operation of law enforcement agencies by such governmental units requires the
maintenance and operation of coordinated message switching facilities.
WHEREAS, such facilities have heretofore been established within the County
of Orange and have been maintained and operated under the provisions of certain
agreements by and between the parties hereto, and
WHEREAS, it is recognized that Users in addition to the parties hereto may
from time to time in the future desire to avail themselves of message switcher
service and to become parties to this Agreement, and
WHEREAS, rates and charges for message switching service are not constant
and may vary from time to time in the future,
NOW, THEREFORE, in consideration of the mutual covenants, conditions,
agreements and stipulations hereinafter expressed, the parties hereto hereby agree.as
follows:
1. That the message switching service heretofore established in the County
of Orange and the same may be hereafter extended by the connection and addition of
new Users thereto shall be under the general supervision and control of COUNTY; that
COUNTY shall from time to time enter into such agreements with various vendors for
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such installations, service and maintenance as may be necessary and required in order
to effectuate the purposes and objects of this Agreement.
2. USERS hereby constitute and designate COUNTY as their lawful and duly
appointed agent to:
a. Negotiate and enter into agreements with the various vendors
as contemplated by paragraph 1 of this Agreement.
b. Make the payments falling due under such agreements.
c. Negotiate and enter into agreements with Users which may
hereafter desire to avail themselves of message switching service
pursuant to this Agreement provided that any such User or Users
hereafter desiring 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 and conditions hereof.
3. USERS and COUNTY agree to the following:
a. Based upon rates and charges as provided by the County and
approved by the Orange County Automated Teletype System Committee
(OCATS) *, the USERS hereto agree to pay to COUNTY a monthly
recurring charge for equipment as set forth in Exhibit "A"
attached hereto and incorporated herein by reference.
b. In addition to payment of such monthly recurring charges as
herein provided, each party hereto shall promptly pay the actual
costs and charges as fixed by the COUNTY and approved by the
OCATS committee for original installation of equipment necessary
for the use of such party, as set forth in Exhibit "A", as well
as the actual costs and charges as approved by the OCATS
committee for any special equipment, modification, changeover, or
subsequent installation of equipment provided for the use of such
party.
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4. SYSTEM UPGRADE FUNDING
a. System upgrades may be needed from time -to -time to meet the
changing needs of the USERS. The OCATS committee will continually
monitor the needs and make recommendations to the COUNTY and
USERS. System upgrades recommended by the OCATS committee will be
reviewed by the COUNTY and USERS. System upgrades agreed to by
both the COUNTY and USERS will be implemented by COUNTY.
b. The COUNTY will utilize a separately identifiable fund,
hereinafter referred to as "FUND" for the purpose of funding
message switching system upgrades.
c. The COUNTY shall make a contribution to the FUND sufficient to
fund the initial message switching system upgrade. The USERS will
contribute a monthly prorated amount to the FUND. USER
contributions to the FUND will be prorated to each USER based
on a sharing formula agreed to by the COUNTY and the USERS as set
forth in Exhibit "A ".
d. Contributions to the FUND become the property of COUNTY.
Contributions to the FUND shall be accumulated for future system
upgrades recommended by the OCATS committee and agreed to by the
COUNTY.
e. The total Monthly contribution by all USERS to the FUND shall
be calculated by dividing the cost of each system upgrade by 60.
The monthly contribution for each individual USER shall be
recalculated annually, and the rates changed in accordance with
the provisions of the sharing formula.
f. Contributions shall be accumulated in the FUND only to the
extent required to repay the initial contribution by COUNTY and
additionally to the extent required to provide reasonable funding
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for future system upgrades. The level of funding to be considered
reasonable shall be determined by the OCATS committee.
g. After the first five year term of this agreement the FUND
may be dissolved by mutual agreement of COUNTY and USERS. Should
the FUND be dissolved in the future the funds remaining in the
FUND will be distributed as follows:
1) COUNTY will be reimbursed up to the original contribution
of COUNTY including all costs associated with the funding of
the Message Switcher System upgrade.
2) Any balance in the FUND will be divided between USERS
based on the annual percentage rate of use in the preceding
calendar year as determined by the sharing formula.
5. USERS agree to pay an increased monthly recurring charge if and when the
present rates or charges are changed, and said changes are approved by the
OCATS committee.
6. Whenever any User shall hereafter become a party to this Agreement as
provided by subparagraph (c) of paragraph 2 hereof, the User shall pay an
initial installation charge and a monthly recurring charge applicable to
such User as fixed by the COUNTY to cover Data terminal services.
7. This Agreement is in substitution of all previous agreements entered
into between some of the parties hereto and said prior agreements shall be
revoked as of the effective date of this Agreement.
B. This Agreement shall take effect and shall become operative on the first
day of July, 1985, or when executed by the parties hereto.
9. This Agreement may be terminated by any party hereto by serving written
notice of termination on the other parties hereto. After the expiration of
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thirty (30) days from the giving of such notice, the party so electing to
withdraw shall cease to be a party to this Agreement.
10. The term of this contract shall be five (5) years, and shall continue
for periods of five (5) years each, unless the legislative body of any
party hereto votes not to continue the term at a meeting not more than one
(1) year before the expiration of any five -year period.
*OCATS Committee -
The OCATS Committee shall consist of seven regular members and one advisory member.
Two regular members and one advisory member from the County, and five members
representing the CITIES.
County members will be the following:
1 General Services Agency
1 Sheriffs' Department
1 County Administrative Office (Advisory)
City members will be the following:
5 Members will be appointed by the Orange County
Police Chiefs and Sheriffs' Association
The Committee will meet bi- monthly and consider the following:
1. Need for changes in the operating procedures in OCATS.
2. Make recommendations regarding the changing needs for data in the law
enforcement community.
3. Make recommendations regarding the appropriatness of charges to the users of
OCATS.
4. Make recommendations that will insure that the operation of OCATS complies
with CLETS rules and regulations.
The committee will report to the Orange County Police Chiefs' and Sheriffs'
Association through the Communications Committee.
All recommendations of the OCATS committee will be advisory in nature and will not be
legally binding on any agency.
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Minutes of all meetings of the OCATS Committee will be distributed with the minutes
of the Orange County Police Chiefs' and Sheriffs' Association.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the
date set forth opposite their respective signatures on identical counterparts of this
instrument, each of which shall for all purposes be deemed an original thereof.
pUR ; a 1965
DATED: 19 COUNTY OF ORANGE,
a body ic and corpor e
By`Z�i
Chairman of the Board of Supervisor
A ITN'
°r: SIGNED AND CERTiFi D T1'A7 .A CCrPY OF
THIS DOCUMENT HAS BEEN DL4LIVER(D TO
County C k THE CHAIRMAN OF THE WAR&
By
of he Board o upervisors of (JNDA D. ROBERTS �r���
Orange County, ifornia (Berk of the Board' of Super9 hN 1 8
Courfty of Orange, Catifomia
DATED: %% 19,jr CITY OF Newport Beach ,
a municipal corporation
ATTEST: By
Mayor Pro m
City Clerk
?tal
my ou e
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ORANGE COUNTY AUTOMATIC TELECOMMUNICATIONS SYSTEM
AGENCY
ANAHEIM
BREA
BUENA PARK
COSTA MESA
CYPRESS
FOUNTAIN VALLEY
FULLERTON
GARDEN GROVE
HUNTINGTON BEACH
IRVINE
LAGUNA BEACH
LA HABRA
LA PALMA
LOS ALAMITOS
NEWPORT BEACH
ORANGE
PLACENTIA
SAN CLEMENTE
SANTA ANA
SEAL BEACH
STANTON
TUSTIN
WESTMINSTER
SUB TOTAL
COUNTY,STATE
1984
PERCENT
MONTHLY
MONTHLY
TOTAL
MESSAGE
OF TOTAL
FUND
EQUIPMENT
MONTHLY
TOTAL
MESSAGES
COST*
COST
COST
---------------------------------------------------
812149
6.24%
$624.45
$1,043.97
$1,668.42
184684
1.42%
$142.00
$374.54
$516.54
255824
1.97%
$196.70
$575.24
$771.94
973042
7.48%
$748.16
$173.84
$922.00
306755
2.36%
$235.86
$374.54
$610.40
246368
1.89%
$189.43
$679.53
$868.96
466543
3.59%
$358.72
$635.93
$994.65
440017
3.38%
$338.32
$374.54
$712.86
914535
7.03%
$703.17
$679.54
$1,382.71
317294
2.44%
$243.96
$632.61
$876.57
245374
1.89%
$188.66
$374.54
$563.20
180634
1.39%
$138.89
$374.54
$513.43
108273
0.83%
$83.25
$173.84
$257.09
146003
1.12%
$112.26
$374.54
$486.80
615889
4.74%
$473.55
$682.69
$1,156.24
487643
3.75%
$374.94
$828.08
$1,203.02
200118
1.54%
$153.87
$374.54
$528.41
152138
1.17%
$116.98
$374.54
$491.52
936895
7.20%
$720.36
$833.31
$1,553.67
184681
1.42%
$142.00
$374.54
$516.54
143639
1.10%
$110.44
$374.54
$484.98
237834
1.83%
$182.87
$632.61
$815.48
294660
2.27%
$226.56
$374.54
$601.10
8850992 68.05% $6,805.40 $11,691.13 $18,496.53
-------------------- ------- --- ---- ------- -- --------
FEDERAL AND 4154848 31.95% $3,194.60 $8,623.20 $11,817.80
MISCELLANEOUS
---------------------------------------------------------------------
GRAND TOTAL 13005840 100.OD% $10,000.00 $20,314.33 $30,314.33
* MONTHLY FUND COST IS ESTIMATED
TOTAL MONTHLY FUND COST $10,000.00*
MESSAGE UNIT COST 0.009227
EXHIBIT A
April 16, 1985
O F
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Robert L. Wynn
City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
GENERAL SERVICES AGENCY
SUPPORT SERVICES
1300 South Grand Avenue
Santa Ana, California 92705
(714) 834 -5737
0
R. A. SCOTT
Director, GSA
R. S. CAMPBELL
Director of Support Services
I
Pell Ms°ag`gea�ti
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The Board of Supervisors has agreed in concept to the shared cost approach
for the upgrade of the Law Enforcement Message Switcher System.
The Board has authorized the General Services Agency to issue a Request for
Proposal for the Message Switcher upgrade; directed the General Services
Agency to present a revised Law Enforcement Telecommunications Agreement
to the participating jurisdictions and agencies for their approval including
provisions and procedures for cost sharing; and directed the CAO /Bond - Capital
Financing Program to analyze and put together a Capital Financing Plan with
options that would benefit the County and all participating jurisdictions
and agencies.
The City Manager's Association has indicated agreement with the shared cost
approach to the Message Switcher upgrade. Your Association directed the
Police Chiefs and Sheriff's Association to recommend a suitable cost sharing
formula. The Orange County Police Chiefs and Sheriff's Association has rec-
ommended the sharing formula based on percentage of use. (See attachments.)
Two copies of the revised Law Enforcement Telecommunications Agreement are
included with this letter. This revised Agreement follows closely the format
and terms of the previous 1968 Agreement. The changes incorporated in this
revised Agreement are those that address changes in technology, leased equip-
ment vendors, and the cost sharing approach.
April 16, 1985
Page 2
The revised Agreement includes a breakdown of the existing monthly equipment
charges made to each jurisdiction or agency for telephone lines, modems,
and data terminals.
Also included in Exhibit A is the estimated monthly contribution by each
participating agency required to fund the Message Switcher upgrade. This
monthly contribution is based on the percentage of use by each agency for
calendar year 1984.
The estimated monthly contribution to the fund assumes that the Message Switcher
upgrade will be financed, and includes estimated interest and financing charges.
The $10,000 monthly cost is based on 9.5% interest, a loan principle of $500,000,
amortized over 60 months. These are estimates only and will be readjusted to
reflect the actual system cost.
The revised Agreement addresses the short and long term aspects of the Message
Switcher upgrade. The County will establish a separately identifiable fund
for Message Switcher upgrade purposes. Provisions are included in the Agree-
ment to dissolve the fund in the future and distribute the funds to the users
should that become necessary.
All users, including the County, will be charged on a proportional basis for
their share of the cost. The monthly contributions will go into the fund to
pay the cost of the initial upgrade and to accumulate funds for future
upgrades.
The revised Law Enforcement Telecommunications Agreement provides for a review
of the on -going requirements for data communications in the law enforcement
community by the Orange County Automated Teletype System Committee (OCATS).
The Committee's recommendations would be used by the Cities and County to
determine the need for future system upgrades.
Future upgrade requirements would be addressed on an as- needed basis. There
are preliminary recommendations for additional capacity increases that may
be needed in years 3 to 5 of the upgrade plan.
In order to proceed, the various participating agencies must officially
enter into the revised Agreement. It is requested that each City Manager
submit the revised Agreement to their respective City Councils for approval.
When the approved, revised Agreements are received from each jurisdiction,
they will be submitted to the Board of Supervisors for approval.
Action on the revised Agreements is being undertaken concurrent with the
issuance of the Request for Proposal. Completion of the Agreement revision
process in a timely manner is essential.
April 16, 1985
Page 3
Your response by June 1, 1985, will enable us to meet fiscal year time
constraints. Please return an approved copy of the Agreement to:
Robert C. Jones, Manager
GSA /Communications Division
County of Orange
481 The City Drive South
Orange, CA 92668
If you require any further information or assistance, please call
Robert S. Campbell, Director of Support Services, at 834 -5737, or
Robert C. Jones, Manager, GSA /Communications Division, at 834 -2122.
Sincerely,
Robert S. Camp irector
GSA /Support Services
RSC /cef
Attachs.
cc: Board of Supervisors
County Administrative Officer
R. A. Scott, Director, GSA
CITY OF NEWPORT BEACH
May 29, 1985
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 6443005
Robert C. Jones, Manager
GSA /Communications Division
County of Orange
481 The City Drive South
Orange, CA 92668
Dear Mr. Jones:
As requested by Mr. Robert S. Campbell, Director of GSA /Support Services,
enclosed are two copies of the revised Law Enforcement Telecommunications
Agreement, was approved by the City Council of Newport Beach on May 28,
1985.
Following approval by the Board of Supervisors, please return one copy
to this office for our files.
Sincerely,
Wanda E. Raggio
City Clerk
WER:pm
Encls.
3300 Newport Boulevard, Newport Beach