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HomeMy WebLinkAboutMINUTES - 08142007 - SD.5 r0:. BOARD OF SUPERVISORS '�=sE-L= Contra FROM: JOHN CULLEN, County Administrator l / n./ g Costa DATE: August 14, 2007 -rqco'- �~ Do u my Us' sut J_ SUBJECT: EAST BAY REGIONAL COMMUNICATIONS SYSTEM (EBRCS) .S D. S SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ACKNOWLEDGE receipt of the fourth quarterly report on East Bay Regional Communications System (EBRCS) specifically updating progress on the formation of the Joint Powers Authority (JPA) and the hiring of an independent engineer by the JPA. 2. DESIGNATE a member of the Board of Supervisors and County Administrator as appointees to the 23 member JPA Board of Directors (BOD); DESIGNATE alternate appointees and ACKNOWLEDGE the County Sheriff is also a designated director but not appointed by the Board of Supervisors. 3. ACKNOWLEDGE that a request for proposal (RFP) has been developed by the two county task force for a qualified radio engineering firm to be issued once the JPA is formed; and DIRECT the Board appointees to advocate for broad outreach in the selection process of the engineering firm. 4. ACKNOWLEDGE significant federal funds have been obtained by the Office of the Sheriff from Department of Homeland Security (DHS), Urban Area Security Initiative (UASI), and the Super Urban Area Security Initiative (SUASI) to partially offset the cost of the initial phase of the EBRCS known as the West County Cell. 5. AUTHORIZE the remaining surplus of$300,000 from the Board approved short and mid-term communication project, (May 2003) to cover costs of the West County Cell not funded by federal money. 6. DIRECT County Administrator to continue providing Quarterly Reports to the Board on the progress of the EBRCS. CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE: ❑RECOMMENDATION OF COUNTY ADMINISTRATOR❑ RECOMMENDATION OF BOARD COMMITTEE ❑APPROVE ❑OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER pl_L� VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND A NANIMOUS(ABSENT ) ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. �] ABSENT:tnCu ABSTAIN: ATTESTED: r lit (TO Contact: JlenJOHN CULLEN, ERK OF THE BOARD OF SUPERVISORS AND COUNTY cc: OFFICE OF THE SHERIFF ADMINISTRATOR CONTRA COSTA COUNTY FIRE DISTRICT DEPT OF INFORMATION TECHNOLOGY PUBLIC MANAGERS ASSOCIATION By: ��'` l / e u East Bay Regional Communications System August 14, 2007 John Cullen, County Administrator Page 2 BACKGROUND On May 1, 2007 the Board of Supervisors approved its membership in the .TPA that will oversee the financial, technical, and operational elements of the EBRCS; approved the joint exercise of Powers Agreement for the EBRCS authority and authorized the Board Chair to sign the Agreement and Letter of Intent. The Board also directed the County Administrator and Director of Information Technology to collaborate with Alameda County and the two county task force to identify options for retaining a qualified radio engineering firm; to insure that recommendations 1 through 9 in the CTA report on pages 40 and 41 and paragraph 2 on page 38' of the CTA report are included in all future procurements; and to evaluate cost control opportunities 1, 2 and 3 as recommended on page 10 of the CTA report. Update on JPA formation In Contra Costa County 15 of 19 cities have approved joining the JPA. At this time Lafayette, Pinole, Orinda and Antioch are still under discussion. In Alameda County I 1 of 14 cities have approved joining the JPA with Berkeley pending approval and Oakland and Piedmont still under discussion. Given this critical mass of agencies the JPA can be formed in September, after filing with the Secretary of State. A press conference is tentatively scheduled for September 11, 2007 to announce the formation of the new regional JPA. While the Bay Area Rapid Transit (BART) System has declined to join the JPA efforts will continue to reach. out to other agencies and special districts regarding the benefits of joining the EBRCS. The first meeting of the 23 member JPA Board of Directors will be scheduled later in September to organize itself administratively; receive a briefing on the Board's duties and responsibilities; set-up committees; hire staff and consultants; issue the RFP for the independent radio engineer; develop a capital plan and funding plan for the project in the first 6 months; and allocate cost to its members. In short, the new entity will be a new single purpose regional government with full control and responsibility for the entire EBRCS project. Update on RFP for an Independent Radio Engineering Firm The two County task force met several times in May, June and July to develop an RFP which has been developed in consultation with Contra Costa County and includes the recommendations from the CTA report as directed by the Board of Supervisors. The scope of work called for in the RFP includes; evaluating current status of the EBRCS project; provide advice on alternatives for improved system efficiencies; develop bid specifications for competitive procurement of remaining infrastructure and radios; and assist in developing a detailed cost and financing plan. With the imminent formation of the JPA, the RFP will be issued by Alameda County and the selection of the engineering firm as one of the first actions of the new JPA Board of Directors. Funding for the cost of the engineering firm will be financed by the initial fee of$100 per radio. Update on Financial Issues According to Bill McCammon, Alameda County Project Coordinator for the EBRCS, federal and state Home Land Security grants up to $15 million will be directed towards the EBRCS project in 2007. This is in addition to the $19.2 million in federal funds that has been previously allocated to this project beginning in 2004. While a Capital Plan and Funding Plan required under the JPA have yet to be developed and adopted, federal funds have been secured that will result in reduced costs for member agencies for which public safety agencies in both Counties should be commended. However, the JPA will be responsible for determining financing methods needed to obtain funding for the overall EBRCS East Bay Regional Communications System August 14, 2007 John Cullen, County Administrator Page 3 costs and allocating those costs to member agencies. The CTA report estimated EBRCS infrastructure cost in $100 to $115 million range and these do not include operational costs. The first phase of the EBRCS to be developed in Contra Costa County will be the West County Cell. To date federal funds have been used to purchase $1.8 million for equipment and $825,000 for microwave upgrades. To complete the project and necessary site upgrades requires an estimated additional $683,000. Funding of up to $300,000 from previously approved (May 2003) short and mid- term communications projects will allow necessary site upgrades required for the West County Cell to proceed without interruption with the balance expected to be funded through the new JPA. Next Stens Participating agencies including Contra Costa County will be signing the Joint Power Agreement to join the EBRCS JPA as a member agency. The signed agreements will be filed with the Secretary of State providing legal notification of the formation of the EBRCS. The Board of Supervisors will need to designate a Director and an Alternate to the EBRCS Board of Directors. It is anticipated that a press conference will be held on September 11, 2007 announcing the formation of the EBRCS JPA and in late September (date to be determined) the first meeting of the JPA will occur. An RFP for the independent radio engineering firm is planned to be issued by Alameda County on behalf of the JPA in September of 2007. It is anticipated that RFP responses will be received around the first of October and subsequently evaluated by an evaluation committee designated by the JPA. It is expected that the RFP will be awarded and contacts signed before the end of-the calendar year. ADDENDUM TO SD.5 August 1.4, 2007 On this day, the Board of Supervisors considered accepting the fourth quarterly report on the East Bay.Regional Communications System (EBRCS); and designating County representatives and their alternates to serve on the EBRCS Joint Powers Authority Board of Directors, allocating $300,000 of designated communications project funds towards systems development in the West County communications cell, and taking other related actions. County Administrator John Cullen introduced the item, noting that the first JPA meeting is scheduled for September 2007:He also noted that significant Federal and State grants had been received to help pay down the costs. Chair Piepho said she was curious why Bay Area Rapid Transport (BART) declined to join the JPA. Scott Tandy, Former Assistant County Administrator and Project Consultant, said BART declined to join the efforts of the JPA, but there are indications that BART may join in the future. Supervisor Uilkema said she would like to nominate Supervisor Bonilla as the County's representative on the JPA. Supervisor Gioia said he did not see the version of designating Alameda County in the agreement. Alameda EBRCS Coordinator, Bill McCammon said a final document has been circulated appointing Alameda County for the statutory requirements for the rules the JPA operates under. He explained Alameda County is a Chartered County and Chartered Counties have to meet state statutes and that the JPA would have to follow. Supervisor Gioia stressed the JPA is a technical legal document and changes should not be made. on the JPA after the Board has approved the final version. He asked if Alameda County was included-in the final version. Mr. Schmidt said under the government code when a JPA is formed, the agency is supposed to be designated whose procedures and powers the JPA will follow. He noted this is not unique to this arrangement but the County is a part of other JPA's as well. Supervisor Gioia said it is important to explain this and said it sounds like a procedural issue and the CAO staff might want to return with the: final draft. He said the most important part of the JPA is the scope of work in the Request for Proposal (RFP) to develop bid specifications for competitive procurement of remaining infrastructure and radios. He said he needs to understand what the term "remaining infrastructure" means. Mr. Cullen said the JPA is doing the primary recommendation of CTA, which is to hire an ongoing radio engineer to help advise on those issues. August 14 2007 Addendum to SD.5 Page 2 q f 3 Chief Information Officer, Department of Information Technology, Tom Whittington explained Alameda County was authorized to spend $12m towards Motorola Equipment that has been bought and in Contra Costa County $l.lm using homeland security funds but that is not enough for the entire system. Mr. Whittington said originally Motorola had estimated $56m to do that. He said an engineering firm would come in, review what has been procured up to this point, and provide a bid document to complete what is to be built on a competitive basis. Supervisor Gioia asked if another backbone is going to be constructed in Contra Costa. Mr. Whittington said backbone means "infrastructure" like radios and towers. He explained backbone could also mean the microwave that connects it, which is being bought by Homeland Security funds. Supervisor Gioia said he does not consider Homeland Security funds free money because the greater the cost of the project, the greater the General Fund component. Mr. Whittington said a portion of the Homeland Security fund has been procured to date and the engineering firm would look at what has been procured and left to be completed. Supervisor Bonilla expressed concern about the possible increase in engineering costs and hoped the cost does not go up. She encouraged the JPA to do a broad and aggressive outreach to ensure the best engineering design for this important project. She asked if warranty expirations were an issue. Mr. Whittington responded that he could get back to the Board on that issue, which he said needs to be addressed with Motorola. Supervisor Bonilla said she was hopeful the JPA would work hard for transparency of government in these processes. She said she would be happy to serve as an Alternate and nominated Supervisor Gioia to serve as representative. ***Supervisor Piepho left the discussion at this point due to another commitment*** Supervisor Gioia stressed the importance of a competitive environment, and noted that if the RFP is done in such a way that only Motorola can respond then it will not be an effective outreach. Supervisor Uilkema said she would like to recommend Supervisor Bonilla as the County's representative, saying she felt her previous experience as mayor would serve her well in the capacity. Supervisor Gioia said he would be willing to serve as either an Alternate or Regular representative, and said he would be fine with Supervisor Bonilla's recommendation that he be the representative and she be the alternate. Mr. Whittington said the RFP was put together by the Alameda and Contra Costa Task Force, and ultimately the JPA would decide on the selection. He said the engineering firm would put forward the bid documents to go out with the competitive bid, which would also be approved by the JPA to ensure competitiveness. August 14 2007 Addendum to SD.5 Page 3 of 3 Supervisor Glover said he supports Supervisor Bonilla's recommendation to serve as an Alternate and Supervisor Gioia to serve in that position. Chair Piepho spoke on the issue of capital and ongoing costs and suggested making sure operational costs would not eat up any savings from the capital costs. Chair Piepho made a motion for Supervisor Gioia to be the County's representative on the Board of Directors and for Supervisor Bonilla to be the alternate. Supervisor Glover nominated Supervisor Gioia to serve as the County's Representative on the JPA and Supervisor Bonilla to serve as alternate. The motion failed at 2-2. with Supervisors Uilkema and Piepho voting no. Supervisor Uilkema requested the Board be briefed about the implications in terms of bidding and in terms of other cost controls for Contra Costa's contribution. She requested staff to keep the Board updated with not only the materials, but also the agenda and issues that are being considered by the new JPA. By a vote of 4-0, with Supervisor Bonilla absent, the Board of Supervisors took the following action: ACCEPTED Recommendations 1-6 as presented on Board Order; and DESIGNATED Supervisor Bonilla as the County representatives and Supervisor Gioia as the alternate to serve on the EBRCS Joint Powers Authority Board of Directors.