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HomeMy WebLinkAbout2009/10/20 Item 4 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~ (ft.- CITY OF .~~ (HULA VISTA OCTOBER 20,2009 Item if RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A APPROVING AN AMENDED MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO URBAN AREA REGIONAL CAD INTEROPERABILITY PRO.mCT EXECUTIVE COMMITTEE FOR THE DEVELOPMENT OF AND IMPLEMENTATION OF INTEROPERABLE COMMUNICATIONS CAPABILITIES AMONG PUBLIC SAFETY AGENCIES FIRE efiEl' ~ CITY MANAG 4/5THS VOTE: YES D NO I X I BACKGROUND: Approval of an amended Memorandum of Understanding (MOU) with the San Diego Urban Area Regional CAD Interoperability Project Executive Committee is requested for the development of and implementation of interoperable communications capabilities among public safety agencies. This amended MOU contains additional provisions that address issues not covered by the original MOU. Approval of the amended MOU will help to ensure the timely delivery of this regional project. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act [CEQA] and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060[c][3] of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION: That Council adopts the resolution 4-1 OCTOBER 20,2009 ItemL Page 2 of3 BOARDS/COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: On August 11, 2009 the Chula Vista City Council approved a Memorandum of Understanding (MOU) with the San Diego Urban Area Regional CAD Interoperability Project Executive Committee for the development of and implementation of interoperable communications capabilities among public safety agencies. The approval of this MOU enabled the City to participate and benefit from the development of the Regional Computer-Aided-Dispatch Interoperability Project (RCIP). The purpose of the RCIP is to connect all of the SDUA fire and law enforcement emergency dispatch centers and their existing CAD systems through a network of specialized computers and custom software packages. This specialized equipment and custom software will allow agencies to share assets in separate computer aided dispatch systems. Once completed, this project will allow responding units from different agencies to have the ability to send and receive call information and Geographic Information Systems (GIS) information for locating calls in any jurisdiction. Responding units in these jurisdictions will also be able to see one another as they converge on an emergency, lending a measure of increased safety and accountability that has not been previously available. The sharing of this data greatly enhances the ability of any participating agency to obtain heightened Situational Awareness during major events. Subsequently, the San Diego Urban Area Regional CAD Interoperability Project Executive Committee has made changes to the MOU that governs the development of this project. These changes address issues that were not covered in the original MOU and are necessary to ensure the timely development and regional deployment of the RCIP. The major changes contained in the amended MOU include: . Authorizing the City of San Diego have a veto over any decisions of the governing entities . Changing the scope of the governing structures to become more advisory in nature . The inclusion of a mutual indemnity provision A comprehensive list of the proposed amendments contained in the revised MOU can be found on attachment 2. Council approval of the amended MOU for the RCIP is requested in order to enable the City ofChula Vista's continued participation in this project and sharing of the benefits. 4-2 OCTOBER 20, 2009 Item~ Page 3 of3 DECISION MAKER CONFLICT: Staff has reviewed the decision contemplated by this action and has determined that it is not site spccitic and consequently the SOO-foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT: There is no tiscal impact related to the approval of this MOU. All project related expenses will be funded with grant revenues. ONGOING FISCAL IMPACT: No ongoing fiscal impact is projected at this time. ATTACHMENTS Attachment A Memorandum of Understanding for the San Diego Urban Area Regional Computer- Aided-Dispatch Interoperability Project (RCIP) Attachment B Memorandum of Understanding for the San Diego Urban Area Regional Computer- Aided-Dispatch Interoperability Project (RCIP) - Listing of proposed amendments Prepared by: Pablo Qui/antan, Administrative Services l'vfanager, Fire Department 4-3 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED MEMORANDUM OF UNDERSTANDING WITI-I THE SAN DIEGO URBAN AREA REGIONAL CAD INTEROPERABILITY PROJECT EXECUTIVE COMMITTEE FOR THE DEVELOPMENT OF AND IMPLEMENTATION OF INTEROPERABLE COMMUNICATIONS CAPABILITIES AMONG PUBLIC SAFETY AGENCIES WHEREAS, on August 11,2009, the Chula Vista City Council approved a Memorandum of Understanding (MOU) with the San Diego Urban Arca Regional CAD Interoperability Project Executive Committee for the development of and implementation of interoperable communications capabilities among public safety agencies; and WHEREAS, the approval of this MOU enabled the City to participate and benefit from the development of the Regional Computer-Aided-Dispatch fnteroperability Project (RCfP); and WHEREAS, the purpose of the RCIP is to connect all of the SDUA fire and law enforcement emergency dispatch centers and their existing CAD systems through a network of specialized computers and custom software packages; and WHEREAS, subsequently, the San Diego Urban Area Regional CAD Interoperability Project Executive Committee has made changes to the MOU that govcrns the development of this project; and WHEREAS, these changes address issues that were not covered in the original MOU and are necessary to ensure the timely development and regional deployment of the RCIP. The major changes contained in thc amended MOU; and WHEREAS, approval of the amended MOU is recommended as the City of Chula Vista will benefit from its participation in this project by improving its emergency services delivery and first responder safety; and WHEREAS, there is no fiscal impact to City for this project as it will be funded with UASI and San Diego Police Foundation grant revenues; and WHEREAS, A Memorandum of Understanding (MOU) is necessary for establishing the governance structure of the SDUA RCIP program, as this project will be a shared resource among participating agencies; and WHEREAS, Approval of the MOU between the City of Chula Vista and the San Diego Urban Area (SDUA) Regional CAD fnteroperability Project (RCfP) is necessary to ensure the City ofChula Vista's participation in this project. 4-4 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute the Memorandum of Understanding with the San Diego Urban Area Regional CAD Interoperability Project Executive Committee as amended for the development of and implementation of interoperable communications capabilities among public safety agencies. Presented by LEJP #\(1 N(\~AivA Dave Hanneman Fire Chief Approved as to form by cc~. Bart Miesfeld City Attorney H:shared/attomey/Fire - SDUA RCIP amended 4-5 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~ City Attorney Dated: Iv - <). 09 MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO URBAN REGIONAL COMPUTER-AIDED-DISP A TCH INTEROPERABILITY PROJECT (RCIP) 4-6 Attachment A MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO URBAN AREA REGIONAL COMPUTER-AIDED-DISPATCH INTEROPERABILITY PROJECT (RCIP) This Memorandum of Understanding ("MOU") provides for the collaborative development, implementation, and oversight of regional computer-aided-dispatch capabilities by and among the participating agencies that have legally executed this MOU, described in the attached Exhibit "A" (herein individually referred to as a "Party" and eollectively referred to as the "Parties"). This MOU is not intended to create a Joint Powers Agreement or separate legal entity. This MOU establishes a contractual relationship among the Parties. Other agreements which relate to the subject matter of this MOU include, but may not be limited to, Urban Area Security Initiative (UASI) grant year MOUs and Grant Assurances eaeh Party has with the City of San Diego. I. SCOPE The scope of the Regional Computer-Aided-Dispatch Interoperability Project (RCIP) is to provide for the collaborative development and implementation of interoperable communications capabilities among local public safety agencies throughout the cities and unincorporated areas of San Diego County, otherwise known as the San Diego Urban Area. The San Diego Urban Area (SDUA) specifically includes the County of San Diego and the 18 cities and unincorporated areas contained within the County of San Diego, which are as follows: The City of Carlsbad, City of Chula Vista, City of Coronado, City of Del Mar, City of EI Cajon, City of Encinitas, City of Escondido, City of Impcrial Beach, City of La Mesa, City of Lemon Grove, City of National City, City of Oceanside, City of Poway, City of San Diego, City of San Marcos, City of Santee, City of Solana Beach, City of Vista. In addition, the San Miguel Consolidated Fire Protection District is serving as the Administrative Agent for the RCIP. The San Diego Urban Area Working Group (SDUA WG) is a collaborative subcommittee established by the San Diego County Unified Disaster Council that was formed to develop strategies and implement action plans to increase preparedness, prevention, protection, response, and recovery capabilities of all first responder agencies and the jurisdictions within the SDUA from terrorist events and other natural or man-made hazards. The SDUA WG is a requirement to receive Urban Area Security Initiative Funding under the U.S. Department of Homeland Security Grant Program. The RCIP enables collaboration, situational awareness and timely distribution of critical incident information by providing a method for fire rescue, medical and law enforcement CAD systems to manage and share data and resources during response incidents that afIect the region. The RCIP has been designed for secure transport of real time public safety information. The RCIP provides an organized method of coordinating regional public safety resources (law enforcement, fire, medical) to reduce response time, increase personnel efficiency and increase resource management to and from regional dispatch centers, and the field. It is recognized that Revision 46.0 Page I 4-7 each of the Parties has and will maintain its own Computer-Aided-Dispatch capabilities beyond the RCIP solution. II. PURPOSE AND INTENT The purpose and intent of this MOU is to define the operational structure of the RCIP Program. The Parties hereto agree to work together in a cooperative manner that benefits regional public safety and emergency services, and ensures optimal communication, coordination and information sharing in all appropriate instances, among all appropriate entities. The Parties intend to utilize the operational structure outlined in this MOU for the implementation and operation of the RCIP. This document sets forth the rights and responsibilities of the Parties for participation in the RCIP. The Parties agree as follows: III. POLICY The RCIP provides a regional resource that is intended for use by law enforcement, fire rescue and medical response operations and units which are part of the SDUA, as defined herein. The use of the RCIP by the Parties shall be in accordance with operational policies adopted by the governing body. IV. OPERATIONAL STRUCTURE A. ADVISORY EXECUTIVE COMMITTEE. The RCIP shall be governed by an eight member advisory Executive Committee ("EC"). The EC shall be responsible for making recommendations to the SDUA WG concerning the overall administration and direction of the RCIP through interaction with the Steering Committee (as defined below). The EC's duties and responsibilities shall include determination of the vision and scope, establishing priorities, acting as an advocate, establishing priorities for funding, and overseeing the Steering Committee. The EC shall meet no less than once a year. 1. Organization. The following eight representatives, or their designees, shall serve as the Executive Committee: San Diego County Police Chiefs and Sheriffs Association Representative San Diego County Fire Chiefs Association Representative San Diego County Oftlce of Emergency Services Director City of San Diego Office of Homeland Security Program Manager City of San Diego Chief of Police City of San Diego Fire Chief San Diego County Sheriffs Office San Diego Fire Districts Association Representative 2. Rules and Regulations. The EC may adopt bylaws, rules, or regulations as may be required for the conduct of its meetings and the orderly operation of the RCIP, so long as in conformance with all applicable laws, rules, regulations, policies and procedures. Revision 46.0 Page 2 4-8 3. Quorum and Voting. The City of San Diego Office of Homeland Security (SDOHS), as the RCIP F'und Coordinator, must have a representative present, and a minimum of four (4) additional EC members must be present in order for the EC to have a quorum to vote and transact business. Each EC member shall have one vote. Actions of the EC shall be approved by a majority vote of members present at a meeting where a quorum exists and a representative of the City of San Diego Office of Homeland Security is present. No vote shall be valid that contravenes or is in conflict with the position held by the SDOHS representative. A vote contravenes or is in conflict with the position held by the City of San Diego when deemed to contravene or conflict, which shall be determined in the sole discretion of the SDOHS Program Manager. B. STEERING COMMITTEE. The RCIP shall be regionally coordinated by a Steering Committee. The Steering Committee's duties and responsibilities shall inelude: project oversight, establishing and monitoring all RCIP subcommittees, development of the operational procedures, development and implementation of the process and procedures for the use of the RCIP solution, and resolution of project differences of opinion and grievances. Steering Committee recommendations shall be presented to the EC for a final recommendation to be made to the SDUA WG. The Steering Committee shall meet no less than once every three months. I. Organization. The RCIP Steering Committee shall be comprised of a minimum of seven positions. One representative from Fire, one representative from Law Enforcement, one representative from the SDOHS, two representatives from Fire/EMS dispatch agencies and two representatives from Law Enforcement dispatch centers. Additional representatives may be added upon approval of the Executive Committee. 2. Quorum and Voting. A quorum for the conduct of the Steering Committee business shall exist when a majority of the Steering Committee members or their alternates are present. Each member of the Steering Committee or their alternate shall have one vote. When a committee member and their alternate are both present, only the committee member shall vote. Actions of the Steering Committee shall be approved by a majority vote of members present at a meeting where a quorum exists. No vote shall be valid that contravenes or is in conflict with the position held by the SDOHS representative. A vote contravenes or is in conflict with the position held by the City of San Diego when deemed to contravene or conflict, which shall be determined in the sole discretion of the SDOHS Program Manager. C. RCIP PROJECT MANAGER. The RCIP Project Manager may be selected by the entity which employs the Primary Fund Coordinator as defined herein or the EC. The EC shall advise the SDUA WG on the need for a RCIP Project Manager to manage the RCIP and the desired qualifications of the RCIP Project Manager. The RCIP Project Manager, after consulting with the Steering Committee, shall be responsible for the formation of the project working team from the Participating Agencies, and for specifications and preparation of any grant proposals. The RCIP Project Manager shall report to a representative at the agency or entity that enters into an agreement with the RCIP Project Manager to provide services for the RCIP. The RClP Project Manager shall serve as the Chair of the Steering Committee. The RCIP Project Manager Revision 46.0 Page 3 4":..9 shall coordinate with the Primary Fund Coordinator for all contractual and grant administration issues related to the primary grant funding source. The RCIP Project Manager shall coordinate with other Fund Coordinators for grant administration issues related to any secondary grant funding sources as necessary. D. FUND COORDINATORS. Fund Coordinators from the City of San Diego and other Parties managing RCIP grant or revenue funds shall be responsible for administration, coordination, fiscal integrity, record maintenance, and other administrative duties as associated with RCIP grant and revenue funds. The Fund Coordinator for the City of San Diego shall be the primary fund coordinator (Primary Fund Coordinator). Any Additional Fund Coordinator(s) shall be an employee of the agency managing their respective grant/revenue. Each Party shall cooperate with and assist the Primary Fund Coordinator and any other Fund Coordinators as necessary in any way to respond to an audit of any grant or revenue that funds the RCIP in whole or in part. E. RCIP TECHNICAL GROUP. The CAD Technical Manager and/or designee from each of the participating Dispatch Centers shall form the RCIP Technical Group. This group shall be responsible for coordinating installation and maintenance activities for the use of equipment associated with the RCIP. The RCIP Technical Group shall report to the EC and coordinate closely with the Steering Committee. F. SUBCOMMITTEES. The Steering Committee shall establish subcommittees as necessary to ensure effective operation, participation and communication for the RCIP by making a recommendation to the EC to have a subcommittee created. The EC shall take a vote to create any subcommittee. The Steering Committee shall manage all subcommittees and shall appoint a chair for each subcommittee. Members of any subcommittees (other than the chair) are not required to be members of the Steering Committee. The subcommittee chairs shall, at each meeting of the Steering Committee, report to the Steering Committee Subcommittee progress and issues. V. OWNERSHIP AND MAINTENANCE OF EQUIPMENT A. TITLE. Title to equipment acquired with Federal funds will vest with the entity which applied for and received federal grant funds for the benefit of the SDUA upon acquisition and is subject to the obligations and conditions set forth in 28 CFR Part 66 for State and local units of government. B. USE. Recipients shall use equipment in accordance with the following requirements: I. Equipment must be used by the recipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program, the equipment may be used in other activities currently or previously supported by a Federal agency. Revision 46.0 Page 4 4-10 2. The recipient shall also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, provided such use does not interfere with the work on the projects or programs for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 3. The recipient shall not use equipment acquired with funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted, or contemplated by Federal statute. C. MANAGEMENT. Recipient procedures for maintaining equipment (including replacement) will meet the following requirements: 1. Equipment Inventory Logs will be provided by the City of San Diego Office of Homeland Security (SDOHS). Property records must be maintained which include: a) Description of the property; b) Serial number or other identification number; c) Source of the property; d) Identification of title holder; e) Acquisition date; t) Cost of property; g) Percentage of Federal participation in the cost of the property; h) Location of property; i) Use and condition of the property; j) Disposition data, including the date of disposal and sale price; and 2. A physical inventory of the property must be taken and the results reconciled with the property records once a year. 3. Property records and updates must be provided to the Primary Fund Coordinator. 4. Property must be made available for viewing during a monitoring visit or audit. 5. A control systems must exist to ensure adequate safeguards to prevent: a) Loss; b) Damage; or c) Theft of the property Any loss, damage, or theft shall be investigated by the recipient, as appropriate. 6. Adequate maintenance procedures must exist to keep the property in good condition. D. DISPOSInON. Recipient shall notify the SDOHS when property requires disposal or is no longer needed for the original project, or for other activities currently or previously supported by a Federal agency. Recipient must receive approval from SDOHS before any disposal or transfer can occur. Revision 46.0 Page 5 4':::11 E. EQUIPMENT IDENTIFICATION. All equipment purchased with grant funding must be identified: I. Recipient shall affix an assigned numbered identification tag, provided by SDOHS, to all equipment valued at $5000 or more. 2. Recipient shall prominently affix an identification tag provided by SDOHS that states: "Purchased with fimds provided by the Us. Department of Homeland Security. " to all equipment regardless of its value. VI. COOPERATION IN PROFESSIONAL SERVICES AGREEMENT The San Miguel Consolidated Fire Protection District was delegated by the SDUA WG to contract with Thinkstream to develop the RCIP on behalf of the SDUA. The Parties agree to cooperate with Thinkstream in the performance of the Professional Services Agreement (PSA) between the San Miguel Consolidated Fire Protection District and Thinkstream, Incorporated herein by this reference, a copy of which is on file with the San Miguel Consolidated Fire Protection District, and by signing this MOU, agree to participate in any mutual defense in any action filed by Thinkstream against the San Miguel Consolidated Fire Protection District alleging a breach of contract arising out of the performance of the PSA, except where the action relates to or involves the sole negligence or misfeasance of the City of Vista and/or the RCIP negotiation team that participated in the selection of Thinkstream as a contractor for services to be performed under the PSA. VII. MAINTENANCE AND MARKETING RIGHTS PERCENTAGE FEES A. RCIP MAINTENANCE FEE. l. Pursuant to Section 2 of the First Addendum to the PSA, an annual fee will be assessed by the vendor, commencing in fiscal year three of the RCIP (Maintenance Fee). The Maintenance Fee is $20,000 per year, per Dispatch Center connection. The Maintenance Fee shall begin to accrue for each Party on the Effective Date of this MOU as to that Party, as defined in Section XV(A) of this MOU. 2. The Maintenance Fee for the RCIP shall be allocated to each Party connected to the RCIP every fiscal year commencing in fiscal year three. Thinkstream is responsible for the Maintenance Fees during fiscal years one and two, which is included in the Performance Fee paid to Thinkstream under the First Addendum to the PSA. For fiscal years three, four and five, Thinkstream has assumed the annual Maintenance Fee for 15 Dispatch Centers up to a maximum of $300,000, to be paid out of the funds allocated to the Parties pursuant to the Public Private Partnership Agreement (PPP), incorporated herein by this reference, a copy of which is on file with the San Miguel Consolidated Fire Protection District (Marketing Rights Percentage Fees), which have been assigned to Thinkstream up to the amount of the Maintenance Fee for the 15 Dispatch Centers during Revision 46.0 Page 6 4-12 fiscal years three through tive, after the City of San Diego has deducted its administrative charge, pursuant to the First Addendum to the PSA. If there are not sufficient funds out of the Marketing Rights Percentage Fees to cover the Maintenance Fees, the Maintenance Fees shall accrue for that year and will be paid once sufficient tunds are available. Any outstanding balance of Maintenance Fees will be cancelled on December 31 for that particular year and shall not be carried over pursuant to the First Addendum to the PSA. B. MARKETING RIGHTS PERCENTAGE FEES. Any Marketing Rights Percentage Fees not expended for the purpose of Maintenance Fees shall be handled as directed by the EC, who shall make a recommendation to the SDUA WG for approval after the following required costs are distributed as follows: 1. The SDOHS shall be reimbursed for certain administrative costs involved in the direct administration of any revenues received for the RCIP, as recommended by the EC and agreed to by the SDUA WG. These accepted administrative costs shall be the first and primary use of any Marketing Rights Percentage Fees derived from the Public- Private Partnership Agreement. 2. The SDOHS shall provide to each of the Parties an invoice for the distributed costs within thirty (30) days of receipt of the Maintenance Fee Invoice. 3. Each Party receiving such an invoice shall render the full amount of the invoice to the SDOHS at the address listed in Section X of this agreement with expediency. 4. Any Party contesting the appropriateness or details of the charges shall submit their concerns in writing to the Primary Fund Coordinator, who shall in rurn notify the EC of the concerns. The SDUA WG shall have tinal determination on the validity of the charges. VII!. OBLIGATIONS AND RESPONSIBILITIES OF PARTICIPATING DISPATCH CENTERS There are certain and specific costs that will remain the responsibility of each of the participating Dispatch Centers, unless otherwise noted in Section VII and/or the PSA. These costs are known at this time to be: A. Connectivity costs. Each agency is responsible for the purchase, installation and sustainment costs of one "data line" as required by the SDUA RCIP vendor. B. Security Equipment. Each agency is responsible for the purchase, installation and sustainment costs of any data security device required by their CAD, Information Technology/Services regulations or by their agency. Revision 46.0 Paae 7 4=13 C. RCIP Maintenance Fee. The responsibility of each Party for Maintenance Fees is set forth in Section VII of this MOU. D. Participation and Support. The Parties agree to partIcIpate in programs and events detailed in Sections 5 and 6 of the Public-Private Partnership Agreement (PPP), or as determined by the SDUA WG, subject to laws, rules, regulations and policies applicable to each Party. Such participation is limited to the Projects and events contained within said sections unless otherwise agreed upon by the Parties involved; however, all Parties acknowledge the importance of participation by all Parties in the RCIP. IX. ADDITIONAL PARTIES Additional entities providing public safety dispatch services may become a party to this MOU upon a majority vote of the EC approving the entity as a Party to this MOU and by executing a signed Agreement in which the entity agrees to accept the terms of this MOU, the Profcssional Services Agreement, and the PPP Agreement, and any addendums thereto. X. NOTICE Any notice, demand, complaint, request, or other submission under this MOU shall be in writing and shall be sent either by US Mail, Certified, return receipt requested, to the RCIP Executive Committee in care of the UASI grant coordinator at: City of San Diego Office of Homeland Security Attn: RCIP Primary Fund Coordinator 202 C Street, MS 81 OH San Diego, CA 92101 XI. AMENDMENTS This MOU may only be amended or modified by a unanimous vote of the Parties to the MOU. XII. COUNTERPARTS This agreement may be executed in any number of separate counterparts and by each of the Parties in separate counterparts, each counterpart constituting an original, and all such counterparts constituting but one and the same agreement. XIII. GOVERNING LAW This MOU shall be governed by and construed according to the laws of California. XIV. COMPLIANCE WITH LAWS Revision 46.0 Page 8 4"::14 In exercising their rights under this MOU, the Parties shall fully comply in all material respects with the requirements of any and all applicable laws, regulations, mles and orders of any governmental body having jurisdiction over the exercise of rights under this Agreement. xv. EFFECTIVE DATE AND TERMINA TlON A. This MOU shall become effective upon signing by at least two (2) SDUA WG member agencies identified in Phase I (City of Carlsbad, City of Chula Vista, City of Del Mar, City of Encinitas, City of Oceanside, City of Poway, City of San Diego, City of Solana Beach, City of Vista, County of San Diego) of the RCIP (the "Effective Date"), and all necessary legal approvals have been obtained. This MOU is effective as to all remaining Parties listed in Exhibit A on the date such Party executes this MOU and all necessary legal approvals have been obtained. Unless otherwise mutually agreed to in writing by the Parties, this MOU shall remain in effect for three (3) years unless extended fur one year by mutual agreement and amendment by all Parties. Two one year amendments shall be permitted under this MOU, but in no event shall the agreement exceed five (5) years. B. Any Party to this MOU may withdraw by providing ninety (90) days written notice prior to the end of the fiscal year, defined to commence on July I of each calendar year. Notice of termination shall be sent to the EC in care of the Primary Fund Coordinator at the address listed in the Section X of this MOU. C. This MOU shall terminate immediately in the event ofa loss of funding necessary to carry out the purposes of this MOU, or disapproval by a federal administrative agency, or if it is determined by the EC, SDUA WG or the City of San Diego that thc MOU or the RCIP violates any Federal or State laws, rules or regulations. In the event termination is pursuant to this provision, a notice specifying the reasons for termination shall be sent by the Executive Committee in care of the Primary Fund Coordinator at the address listed in the Section X of this MOU to all Parties to the MOU as soon as possible after the termination in accordance with the procedures sct forth herein. D. This MOU may not be terminated at the convenience of any Party if the performance under this MOU is compelled by State or Federal Statute or Executive Order. E. As of the Effective Date of this MOU, none of the Parties to this agreement is aware of any State or Federal Statute or Executive Order that compels any party to continue performance under this MOU. XVI. EFFECTS OF WITHDRAWAL AND TER.LvIINA TlON A. Upon withdrawal by any Party from this MOU, the Party withdrawing from participation in the MOU shall return all equipment funded by RCIP grant awards to the SDUA WG for reallocation. B. Parties hosting infrastmcture in their facility that withdraw from this MOU agree to continue to allow operation of the equipment, including access to the facility, for the term of the Revision 46.0 Page 9 4-15 MOO provided the remaining Parties agree to assume all costs associated with operation of the RCIP equipment in the facility including, but not limited to, utilities, lease costs, licenses, and equipment maintenance. The remaining Parties to this MOU also agree to assume all terms and obligations of existing permits, licenses, and lease agreements; to operate and maintain the equipment in a manner that is consistent with any existing pennits, regulations, or agreements; and agree to indenmify the withdrawing party from liabilities associated with accessing the facility and operating the RCIP equipment. C. Upon termination of this MOO, the Executive Committee shall recommend to the SOUA WG by majority vote how to distribute any undistributed grant funds and equipment, subject to the rules associated with the grant award. However, no action taken by the SOUA WG is effective where it contravenes or conflicts with the position of the City of San Diego. O. Any Party may be removed from the RCIP for good cause including, but not limited to failure to pay assessed fees or charges, failure to keep the system secure, failure to comply with applicable grant requirements, and/or improper release of information. Such removal can be made only upon a majority vote of the Executive Committee after providing the member with at least 30 days written notice of the intended removal and an opportunity to be heard by the Executive Committee. A member removed from the RCIP shall be subject to all obligations including, but not limited to, the financial obligations of this MOU, the PSA, and any requirements from any grants that fund the RCIP in whole or in part. XVII. INDEMNIFICATION To the extent permitted by law, all Parties ("Parties" also defined herein as the Indemnifying Group) agree to hold each other member of the Indemnifying Group harmless and indemni fy the other members of the Indemnifying Group against any liability for damage to life or property arising from and caused by such Party's own performance or non-performance of their respective obligations under this MOU. [Rest of page intentionally blank) Revision 46.0 Page 10 4-16 SDUA RCTP Executive Committee San Diego County Police Chiefs and Sheriffs Association By: Thomas Zoll San Diego County Fire Chiefs Association By: David Ott San Diego County Office of Emergency Services By: Ronald Lane City of San Diego Office of Homeland Security Program Manager By: Donna Faller City of San Diego Police Department By: David Ramirez City of San Diego Fire Department By: Tracy Jarman San Diego County Sheriffs Department By: William Gore San Diego County Fire Districts Association By: August Ghio Revision 46.0 Page 11 4-17 Date Date Date Date Date Date Date Date IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the (Party), by and through their representative authorized to legally bind the agency. Agency: By: Title: Signature: * Thc second signature line requires execution only where the laws, rules, regulations, policies and/or procedures applicable to the Agency executing this MOU require two (2) signatures to legally bind the Agency. Agency: By: Title: Signature: I HEREBY APPROVE the form of the foregoing Memorandum of Understanding this day of ,20_. Attorney for By: Title: Signature: Revision 46.0 Page 12 4-18 Revision 46.0 Page 13 4-19 Exhibit A Members of the SDUA WG Date executed as a Party to the MOU 1. San Diego County 2. City of Carls bad 1 City of Chula Vista ~. 4. City of Coronado 5. City of Del Mar 6. City ofEI Cajon 7. City of Encinitas 8. City of Escondido 9. City ofImperial Beach 10. City of La Mesa II. City of Lemon Grove 12. City of National City 13. City of Oceanside 14. City of Po way 15. City of San Diego 16. City of San Marcos 17. City of Santee 18. City of Solana Beach 19. City of Vista Additional Parties (Non-SDUA we Party) Date executed as a Party to the MOU 20. Marine Corps Base, Camp Pendleton 21. CAL-FIRE San Diego Unit 22. San Miguel Consolidated Fire Protection District Revision 46.0 Page 14 4-20 Regional 3Cs R EG Ig~Al }.3"'Cc~,S.' ~ ~" ? '" . <P " ,- CD M MU Nl CA TI [] N S Exhibit D - Business Plan Revision 46.0 Page 15 4-21 Attachment B Memorandum of Understanding for the San Diego Urban Area Regional Computer- Aided-Dispatch Interoperability Project (RCIP) Listing of proposed amendments IV. Operational Structure A. Advisory Executive Committee . The Executive Committee becomes an advisory committee with only the authority to make recommendations to the SDUA Working Group (SDUA WG). . The number of members is reduced to 8 members from 9 members. . The representative from the City of San Diego Office of Homeland Security is given a veto over all votes. B. Steering Committee . Steering Committee is removed from operational decisions such as approval of project development steps and becomes more advisory. . The representative from the City of San Diego Office of Homeland Security is given a veto over all votes. C. RCIP Project Manager . Position is now optional and to be decided later by the SDUA WG. . Position is more advisory and does not participate in direct operational decisions V. Ownership and Maintenance of Equipment . San Miguel would take title to the equipment rather than the SDUA VI. Cooperation in Professional Services Agreement . The Professional Services Agreement is incorporated by reference. XV. Effective Date and Termination . Tiered procedure for approval ofMOU requiring less than unanimous approval of all SDUA member agencies. Former MOU draft required unanimous approval. XVI. Effects of Withdrawal and Termination 4-22 . Parties may removed from the RCIP for good cause upon majority vote of the Executive Committee. There was no procedure tor removal in prior draft. VII. Indemnification This is a new provision. All parties to the MOO indemnify and hold the other parties harmless against any liability arising from and caused by such party's performance of their obligations under the MOO. 4-23