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HomeMy WebLinkAboutMINUTES - 05222012 - C.75RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to enter into a First Amendment to the Site Access and Use Agreement with Motorola Solutions, Inc., related to the construction and maintenance of the Bay Area Wireless Enhanced Broadband (BayWEB) system, a public safety project of the Bay Area Regional Interoperable Communications System (BayRICS) Joint Powers Authority (JPA). FISCAL IMPACT: No fiscal impact. BACKGROUND: The Bay Area Regional Interoperable Communications System (BayRICS) Joint Powers Authority (JPA) is engaged with Motorola Solutions, Inc. in a project to build the Bay Area Wide Enhanced Broadband (BayWEB) high speed data service system for use by various public safety agencies within the San Francisco Bay Area. This new system will utilize the frequency band allocated by the Federal Communication Commission (FCC) for public safety (700MHZ) and will be based on the new "Long Term Evolution" (LTE) wireless data standard. Contra Costa County coverage will be provided by utilizing many of the County’s current radio sites such as Kregor Peak, Highland Peak, Cummings Skyway, and Nichol Knob. The Site Access and Use Agreement specifies terms and conditions that allow Motorola Solutions, Inc. to access County owned or leased radio sites and facilities to build and maintain the BayWEB system. On November 8, 2011 (Agenda Item No. C.49), the Board of Supervisors approved this agreement, subject to approval as to form by County Counsel, but was never executed by the parties. On January 10, 2012 (Agenda Item No. C.166), the Board of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/22/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Ed Woo, CIO 925-383-2688 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 22, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.75 To:Board of Supervisors From:David Twa, County Administrator Date:May 22, 2012 Contra Costa County Subject:Bay Area Regional Interoperable Communications System (BayRICS) Joint Powers Authority (JPA) Site Access and Use Agreement Supervisors approved an updated version of the Agreement that was executed by both parties and included changes in two specific areas: 1. BACKGROUND: (CONT'D) Land Use/Building Permit Terms: The first version of this agreement did not directly address land use and building permits. This version of the agreement specifies that the County will facilitate the processing of land use permits, building permits, and environmental review items based on plans submitted by Motorola at the expense of the County. 2. Descoping the Project to Remove the Public Access System: Due to lack of interest by other jurisdictions within the greater San Francisco Bay Area, Motorola will be submitting to the National Telecommunications and Information Administration (NTIA) a request to "de-scope" the BayWEB project to remove the Public Access System component of the BayWEB system. For this reason, legal counsel for both parties have removed all references to the Public Access System from the Agreement. It is important to note that although the Public Access System was a major component of the larger project, it was secondary to the primary goal of deploying an interoperable public safety broadband system to the region. Contra Costa County has remained on record as being supportive of the original BayWEB concept, including both the Public Safety and Public Access systems; however, due to lack of interest, Motorola has determined that it is necessary to abandon the Public Access System concept to avoid jeopardizing the Public Safety system. The First Amendment to the Agreement under consideration today includes two actions: 1. Updated "Exhibit A":Modifies Exhibit A to executed Agreement by removing or adding Sites to reflect the most recent project composition. 2. Equipment Ownership and Security Interest: Clarifies the understanding between the County and Motorola as to the ownership and security interests in Equipment being installed by Motorola on the Sites lists in the revised Exhibit A. CONSEQUENCE OF NEGATIVE ACTION: Motorola Solutions, Inc. will not be able to legally access certain Contra Costa County radio sites to construct the BayWEB system. CHILDREN'S IMPACT STATEMENT: No impact.