BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 946|
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THIRD READING
Bill No: AB 946
Author: Bonnie Lowenthal (D), et al.
Amended: 8/31/11 in Senate
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
SENATE GOVERNMENTAL ORGANIZATION COMM : 11-0, 08/25/11
AYES: Wright, Anderson, Berryhill, Corbett, De Le�n,
Evans, Hernandez, Padilla, Strickland, Wyland, Yee
NO VOTE RECORDED: Calderon, Cannella
SUBJECT : Public contracts: Los Angeles County:
regional
interoperable communications system
SOURCE : County of Los Angeles
DIGEST : This bill authorizes the Los Angeles Regional
Interoperable Communications System Authority (LA-RICS), a
joint powers agency, to procure a regional interoperable
communications system by utilizing a solicitation process
to award a contract for the design and build out of a
regional interoperable communications system and related
infrastructure.
Senate Floor Amendments of 8/31/11 add coauthors and make
minor technical changes.
ANALYSIS : Existing law:
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1.Authorizes governmental agencies to utilize a
solicitation process for proposals and contracts for the
design, financing, construction, maintenance, or
operation of fee-producing infrastructure projects.
2.Specifies that powers which may be exercised by a joint
powers agency can be no greater than the powers shared by
each of the agency's constituent members.
This bill:
1.Authorizes the County of Los Angeles, or the Los Angeles
Regional Interoperable Communications System Authority
(LA-RICS) to solicit proposals and enter into agreements
with private entities for the delivery of a regional
interoperable communications system and all related
infrastructure to be used by public safety agencies and
emergency responders located in the County of Los
Angeles, including:
A. Studying, planning, design, developing and
financing of the system;
B. Delivery and installation of equipment;
C. Architectural and engineering design of the
improvements to real property; and
D. Maintenance, rebuilding, repair or operation of the
regional interoperable communications system.
1.Requires the solicitation process to ensure that the
contractor is selected in compliance with the
"procurement by competitive proposals" process specified
in applicable federal regulations governing federal
grants and cooperative agreements to state and local
governments.
2.Contains legislative findings and declarations that a
special law is necessary because of unique requirements
for a regional interoperable communications system in the
County of Los Angeles.
Background
To date, over $270.0 million in Federal grants have been
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budgeted for the project. Last year, the U.S. Department
of Commerce awarded the LA-RICS a Broadband Technology
Opportunities Program grant of $154.6 million to cover the
infrastructure costs in deploying a broadband public safety
network for the project.
In July, the project was put on hold indefinitely 3 years
after the LA-RICS launched the massive project. The plan
to construct the system had reached its final stage as
negotiators spent the last several months in private
contract talks with the technology company Raytheon. In
early June, however, county attorneys raised concerns that
the nearly completed contract violated state rules on how
contracts for publicly funded projects must be structured
and awarded. In light of this, negotiations with Raytheon
were suspended.
The County and LA-RICS discovered that, to comply with
state contracting rules, the project should be divided into
three separate contracts - one to design and implement the
technological component of the system, a second to design
the signal towers and other structures that need to be
built, and a third to build the towers and other
structures.
Apparently, this issue did not surface during the 3 years
of planning. Not all of the entities comprising the JPA
have the statutory authority to enter into a contract using
a solicitation process, yet the project was procured
through one, all-encompassing solicitation meant to lead to
a single contract. This bill would authorize the JPA to
proceed in this fashion on this project without running
afoul of state contracting laws and the limitations set
forth in the Joint Exercise of Powers law.
LA-RICS
The LA-RICS Authority, established in 2009, is a joint
powers agency comprised of the County of Los Angeles, the
81 cities in the County, the Los Angeles Unified School
District, and UCLA. The Authority would serve over 34,000
first responders in the Los Angeles region through voice
and data communication systems. There are over 50 law
enforcement agencies and 31 fire departments that serve the
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County.
Prior Legislation
SB 828 (Senate Governmental Organization Committee), of
2009, would have vested responsibility in the California
Emergency Management Agency for daily operations of
California's interoperability efforts. It specified the
State Chief Information Officer's responsibility to develop
policies, standards, and public safety communications
technology solutions. The bill died in the Assembly.
AB 1848 (Bermudez), Chapter 728, Statutes of 2006, provides
for a state strategic plan for establishing a statewide
integrated, interoperable public safety communications
network.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 9/1/11)
County of Los Angeles (source)
City of Los Angeles Mayor, Antonio Villaraigosa
Los Angeles County District Attorney, Steve Cooley
Los Angeles County Sheriff, Leroy Baca
California Contract Cities Association
California Police Chiefs Association
California State Firefighters' Association
City of Bell Gardens
City of Cerritos
City of Culver City
City of Gardena
City of Glendora
City of Long Beach
City of Torrance
City of Whittier
LA RICS Joint Powers Authority
Los Angeles Regional Interoperable Communications System
Authority
ARGUMENTS IN SUPPORT : According to the County of Los
Angeles, this urgency legislation is needed because over
$270 million in federal grant funding allocated for the
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LA-RICS Authority project must be utilized within a
specified time. In addition, the FCC has reserved
specific, desirable radio frequencies, and if LA-RICS does
not put these into use in a timely manner, the FCC may
release them for use by other entities.
In addition, the bill would allow LA-RICS to conduct a
turn-key procurement with a single contractor responsible
for all aspects of the project and implementation, which,
according to LA County, will help decrease the overall
project risk and time required for implementation, and
reduce overall costs. LA County states that the Public
Contract Code requires LA-RICS to conduct three separate
procurements for radio equipment, radio site engineering
and radio site development, instead of simply managing a
single project/contractor.
PQ:nl 9/1/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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