Loading...
HomeMy WebLinkAbout20030626actionsACTIONS Board of Supervisors Meeting of June 26, 2003 June 27, 2003 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • A joint meeting of the Board of Supervisors and School Board was called to order at 4:30 p.m., by the Chairman of the Board, Mr. Dorrier, and the Vice-Chairman of the School Board, Mr. Ward. All BOS members were present except Mr. Martin and Ms. Thomas. All School Board members were present except Mr. Grant and Ms. McKeel. 2. Discussion: 2003-2004 Health/Dental Insurance Contracts. • APPROVED the HealthCare Executive Committee recommendations for the Medical/Dental Insurance Contracts for 2003-2004: • Medical: Continue the medical care contract for 2003- 2004 with Southern Health. The budgeted Board contribution for health coverage is $4,608 for the 2003- 2004 plan-year, a 20.0% increase. To stay within the Board’s budgeted contribution and provide more options to employees, the Boards SUPPORTED offering three plans with differences in deductibles, co-pays, and premiums. • Dental: Continue the dental contract for 2003-2004 with Delta Dental of Virginia. The budgeted Board contribution for the dental plan for 2003-2004 is $160 annually for full- time employees. • CONSENSUS of the Boards to direct staff to look at a wellness program. Human Resources staff: Proceed as directed. 3 Discussion: Methodology for Establishing Albemarle County's Compensation and Benefits Market. • SUPPORTED staff's recommendation that a staff directed team collect and analyze data over the summer, along with the annual salary review and bring a recommendation on the appropriate methodology for determining market competitiveness back to the Boards in October. Provide Board members with the dates the committee/team will be meeting. Human Resources staff: Proceed as directed. 4. From the Board and/or School Board: Matters Not Listed on the Agenda. • The Board of Supervisors APPROVED the Interjurisdictional Agreement and the County-Airport Agreement and AUTHORIZED the County Executive or his designee to execute both Agreements and the Authorization of Issuance Notice to Proceed on the County's behalf. County Attorney's office: Provide Clerk's office with fully executed copy of agreement. (Attachment 1) 14. Adjourn to July 9, 2003, 3:30 p.m. • At 6:07 p.m., the meeting was adjourned to July 9, 2003, 3:30 p.m. /ewc Attachment 1 - Interjurisdictional Agreement 1 Attachment 1 AGREEMENT THIS AGREEMENT is entered into this ____ day of _________________, 2003 by and between the County of Albemarle, Virginia, a political subdivision of the Commonwealth of Virginia (the “County”), the City of Charlottesville, Virginia, a Virginia municipal corporation (the “City”) and the Rector and Visitors of the University of Virginia (the “University”). WITNESS: WHEREAS, the County, City and University jointly operate the Charlottesville/University of Virginia/Albemarle County Emergency Communications Center (the “ECC” or “Center”), created pursuant to a joint services agreement dated January 20, 1984, and the Center operates an E-911 Emergency Communications System on behalf of these entities; WHEREAS, the parties hereto agree that the existing radio system has exceeded its normal life expectancy and the limited availability of frequency spectrum makes its expansion difficult; WHEREAS, the parties issued a Request for Proposals ("RFP") for the design, fabrication, construction and implementation of a Public Safety 800 MHz Analog/Digital Simulcast Trunked Radio System (the "System") on behalf of the City, the University and the County; WHEREAS, as fiscal agent, the County selected Motorola Corporation ("Motorola") as the primary vendor of the System, and the parties have been negotiating with Motorola concerning the terms and conditions of various agreements relating to the System; WHEREAS, the County, City and University executed the Communications Systems Agreement with Motorola effective December 31, 2002 (the “Motorola Agreement”); WHEREAS, the System is anticipated to cost approximately $19 million, including financing costs, and is scheduled to be operational by December 2004 or as soon thereafter as construction of the System is complete and all required testing has been completed; WHEREAS, the County, City and University agree that it is in their respective best interests to enter into an agreement providing for the payment of shared capital and operating costs, including reimbursement to the County of pro rata expenses attributable to the financing of System costs, if applicable; WHEREAS, each party to this agreement has agreed to assume a portion of the capital project costs of the System, including fixed infrastructure hardware and other construction costs associated with the 800 MHz radio system and tower sites, maintenance, financing costs, land acquisition, and so-called “soft” project costs, including engineering consulting, project contingency, legal and related professional services, regulatory costs associated with FCC license applications, and utility costs (collectively the “System Costs”); WHEREAS, each party to this agreement desires to acquire directly from Motorola (by purchase or other means) various radio equipment, including mobile and portable units and control stations; and WHEREAS, it is desirable that each party to this agreement assure that funding for the goods and services to be obtained through the Motorola agreements will be available. NOW, THEREFORE, in consideration of the mutual premises and covenants contained herein, the County, the City and the University hereby agree as follows: 2 1. Each party shall pay its respective pro rata share of the System Costs according to the Payment Schedule amounts set forth in Section 6 of the Motorola Agreement, or according to any amendments thereto. Specifically, the County’s share of the System Costs shall be 53.72% (which includes the Charlottesville-Albemarle Airport Authority’s share of 3.01%), the City’s share of the System Costs shall be 31.25% and the University’s share of the System Costs shall be 15.03%. As the County will be acting as financing agent for all System Costs (it being understood and agreed that the County is not obligated to do so), the City and University each agree that their pro rata shares of debt service and debt-service related expenses incurred by the County for the financing are part of the System Costs. The City and University each agree that they will transmit payment of their pro rata shares of debt service and debt-service related expenses under the Agreement to the County no later than fifteen (15) calendar days prior to any applicable due date(s) as set out in the debt service schedule. The County is not authorized to bind the City or the University to any debt obligation with a third party. In the event that the proceeds of the financing generate interest income to the County as agent/borrower, the interest will be allocated to the City, County and University according to the cost sharing percentages set forth in this paragraph. 2. It is understood that these sums reflect each party’s respective pro rata share of its obligations under the Motorola Agreement only, exclusive of the annual costs associated with the Motorola maintenance agreement, software license agreement or other agreements, such costs to be treated and funded on the same basis as other System Costs according to the percentage allocations set forth in Section 1 above, unless the parties hereto agree to a different funding or payment formula for such expenses in the future. 3. Subject to annual appropriations, each party shall annually budget adequate funds to pay for each party’s respective pro rata share of the System Costs including but not limited to any applicable maintenance agreement, software license agreement or other agreements. 4. Each party agrees to be solely responsible for the acquisition and maintenance costs associated with the purchase of radio equipment for its officers or employees, including mobile and portable units, desktop control stations and accessories. It is understood that Motorola will bill each party directly for these costs. 5. All costs associated with the Peter’s Mt. tower site, including but not limited to site acquisition, FCC regulatory proceedings associated with the 800 MHz license application for the site, as well as related legal and consulting fees shall be treated as part of the System Costs and shall be funded and reimbursed on the same basis as all other System Costs according to the percentage allocations set forth in Section 1 above. 6. The parties agree that, while the County is the owner of record of the Peter’s Mt. tower site property (the “Property”), the City and University each have an equitable ownership interest in the Property to the extent of their pro rata shares of the original acquisition costs. The parties further agree that, in the event that the Property is no longer used by the ECC as a 800 MHz tower site, and is no longer needed for similar public safety communications purposes by the ECC or its successor(s) in interest, or if the County decides to utilize the Property for its own purposes unrelated to the 800 MHz System or unrelated to future regional public safety communications purposes, the City and University shall be reimbursed to the extent of their pro rata shares of the original acquisition costs, and the equitable ownership interests of the City and University in the Property shall terminate. In the event the Property is no longer used for public safety communications purposes and the County transfers the property by sale or lease, the proceeds from the transfer shall be allocated among the County, City and University according to their percentage contribution to the original acquisition cost. WHEREFORE, the parties hereto have executed this Agreement, by their authorized representatives, as of the day and year set forth above. 3 COUNTY OF ALBEMARLE By: _______________________________ Its: _______________________________ CITY OF CHARLOTTESVILLE By: _______________________________ Its: _______________________________ RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA _________________________ Leonard Sandridge, Executive Vice President And Chief Operating Officer * * * * * * AGREEMENT BETWEEN THE COUNTY OF ALBEMARLE AND THE CHARLOTTESVILLE-ALBEMARLE AIRPORT AUTHORITY CONCERNING THE 800-MHz PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEM THIS AGREEMENT is entered into this ____ day of _________________, 2003 by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the “County”) and the CHARLOTTESVILLE-ALBEMARLE AIRPORT AUTHORITY (the “Airport Authority”). WITNESS WHEREAS, the County, the City of Charlottesville (the “City”) and the University of Virginia (the “University”), through a joint Emergency Communications Center, operate an E-911 Emergency Communications System, and those agencies have decided to update that Communications System through implementation of a new regional public safety 800 MHz Digital/Analog Trunked radio system (the “System”); WHEREAS, the County, City, and University have executed a Communications Systems Agreement with Motorola, Inc., dated December 31, 2002 (the “Motorola Agreement”), for the purchase of the new System and associated equipment, sub-systems and services at a price of approximately $13.2 million; and WHEREAS, the County, City, University and the Airport Authority have agreed to apportion among themselves certain capital and operating costs associated with the System (totaling approximately $18.9 million, as more fully described within Exhibit A attached hereto), including: fixed infrastructure hardware and other construction costs associated with the 800 MHz radio system and tower sites, maintenance, financing costs, land acquisition, engineering and other professional consulting, project contingency, legal and related professional services, regulatory costs associated with FCC license applications and utility costs (collectively the “System Costs”); and WHEREAS, the County, City and University have entered into a separate agreement (the “Interjurisdictional Agreement”) providing for the allocation of payment shares of the System Costs to the respective jurisdictions and entities according to the number of public safety subscriber units required by each of those entities; i.e., the County’s share of the System Costs is 50.71%, the City’s share is 31.25% and the University’s share is 15.03%; and 4 WHEREAS, the County and the Airport Authority desire to ensure that, following implementation of the new System, the Airport Authority will continue to have the ability to communicate with County police and fire services that have “first responder” obligations in the event of an Airport emergency and therefore, the Airport Authority has agreed to share 3.01% of the System Costs, the Authority’s share having been calculated based on the number of public safety subscriber units necessary for its operations (i.e., 5/12 mobile subscriber units and 7/23 portable subscriber units) and an additional percentage built in to contribute toward the costs of including the Airport in the System; WHEREAS, the County has agreed, at the Airport Authority’s request, to advance payment of the Airport Authority’s 3.01% share of System Costs and the County and the Airport Authority agree that is it in their respective best interests to enter into an agreement providing for the reimbursement to the County by the Airport Authority of System Costs incurred by the County on behalf of the Airport Authority; and WHEREAS, the County has agreed to purchase radios and other equipment on behalf of the Airport Authority in the event the Airport Authority cannot obtain FAA approval of a sole source procurement to allow it to purchase such radios and equipment directly from Motorola, according to the terms and other conditions set forth in this Agreement, and the Airport Authority has agreed to reimburse the County for the Aiport Authority’s share of such radios and equipment according to the terms and conditions set forth in this Agreement; and WHEREAS, the Airport Authority is and shall be entitled to exercise all applicable rights and privileges with respect to the new System, to the full extent of its share of System Costs. NOW, THEREFORE, in consideration of the mutual premises and covenants contained herein, the County and the Airport Authority hereby set forth their agreement as follows: 1. The Airport Authority agrees to pay its share of System Costs according to the terms and conditions set forth in this Agreement (see paragraph 3, below). 2. The Airport Authority will request approval by the Federal Aviation Administration (FAA) of a sole source procurement of radio subscriber units and other equipment directly from Motorola; however, if (i) this request is not approved by the FAA or, (ii) such request is approved by the FAA but the Airport Authority cannot obtain an agreement with Motorola under the same terms and conditions that would be extended to the County, City and University of Virginia under the Motorola Agreement, the County agrees to purchase from Motorola, on behalf of the Airport Authority for its use, certain equipment to enable the Airport Authority’s use of the new System (the term “equipment” to include, without limitation: necessary software, licenses and equipment warranties expressly provided and extended by Motorola to the Airport Authority as part of the Motorola Agreement). It is anticipated that the following equipment will be necessary: 12 Mobile Digital radio subscriber units, 23 Portable Digital radio subscriber units and 5 DeskTop Digital radio subscriber units. In the event that the Airport Authority purchases radio subscriber units and/or other equipment directly from Motorola, the County shall be relieved of its obligations described in this section (and elsewhere in this Agreement) relating to the purchase of such units and/or equipment on behalf of the Airport Authority. 3. The Airport Authority agrees to reimburse the County as follows: (a) Equipment and accessories: up to $126,472.00 for the radio subscriber units listed in Paragraph 2 above ($2,840.00 for each mobile digital unit; $2,939.00 for each portable digital unit; $4,959.00 for each DeskTop Digital radio subscriber unit), $2,734.00 for accessories; and $7,069.00 for installation of the subscriber units. The County and Airport Authority specifically agree and acknowledge that these amounts are subject to adjustment only according to the terms and conditions of the Motorola Agreement or other applicable agreements with Motorola, upon receipt by the County of invoices from Motorola for such equipment, accessories and installation. 5 6 (b) System Costs: (i) the amount of $275,000 (principal) and up to $168,170.00 (interest as required due to actual financing costs for debt service associated with System infrastructure), payable over ten (10) years in pro-rated monthly installments, (ii) up to $93,403.41 for costs associated with infrastructure and radio subscriber units maintenance, payable over five (5) years, commencing with year two after the applicable one-year equipment warranty period has expired, as follows: year two: $17,246.54; year three: $17,928.64; year four: $18,644.84; year five: $19,396.89; and year six: $20,186.50, and (iii) an amount equal to 3.01 % of other System Costs identified on Exhibit A. In the event the Authority purchases equipment directly from Motorola, it shall be relieved of its responsibility to pay the County any amounts attributable to maintenance of radio subscriber units purchased directly from Motorola. (c) Adjustment of Costs: The parties hereto agree that all costs set forth in this Agreement are subject to adjustment depending upon System financing, contract change orders under the Motorola Agreement or for other reasons as may occur from time to time during implementation of the System; however, nothing contained within this agreement shall obligate either party to assume responsibility for any increase(s) in excess of their respective shares of the Project Contingency referenced within Exhibit A (i.e., $1,346,272.00). Furthermore, in the event System Costs are adjusted downward, the Airport Authority shall be entitled to a 3.01% share of such cost savings. (d) The Airport Authority agrees that it will transmit full payment to the County of costs described in paragraphs (a) and (b) of this Section within thirty (30) calendar days of receipt of invoices from the County. The County agrees that, upon request, it will cooperate with the Airport Authority to provide all documentation that is both necessary and available to the Airport Authority evidencing such payment(s) on its behalf. In the event such documentation is insufficient to satisfy requirements of an application made by the Airport Authority to the FAA for reimbursement of costs, then the Airport Authority will work with the County and Motorola to address, if reasonably possible, the insufficiency. 4. The Airport Authority specifically acknowledges that, in the event the County purchases such equipment on its behalf, title to such equipment shall not pass to the Airport Authority except as allowable per the terms and conditions of purchase, and unless and until the County has received full payment for such equipment. 5. The parties hereto acknowledge that the County has previously received from the Airport Authority a payment of $2,710.00 representing payment of its full share (to date) of certain costs originally paid by the County on behalf of the Airport Authority in connection with acquisition of the Peter’s Mountain tower site. 6. Each party’s obligations under this Agreement are subject to the availability and appropriation of sufficient funding, each fiscal year, to support continued performance hereunder. WHEREFORE, the parties hereto have executed this Agreement, by their authorized representatives, as of the day and year set forth above. COUNTY OF ALBEMARLE By: _______________________________ County Executive/Designee CHARLOTTESVILLE-ALBEMARLE AIRPORT AUTHORITY By: _______________________________ Its Executive Director