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Home My WebLink About800 MHz Countywide Coordinated Communications System - - 1995-05-15�Zl� ` -1m /nc0a ra �TY OF HUNTINGTON BEAC ' MEET114G DATE: December 15, 2003 DEPARTMENT ID NUMBER: IS 03-004 Council/Agency Meeting Held: Q3 Deferred/Continued to: Approved ❑ Conditiona1y Approved ❑ Denied City ClySiarfature Council Meeting Date: December 15, 2003 Department ID Number: IS 03-004 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION c f 7 t~ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 0241.1 a m'� PREPARED BY: JANIS INGELS, Information Services Director • ,- <� SUBJECT: Approve the terms of the Amendment to the Join Agreemenffor tFie Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Ccmmunications System Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On February 20, 1996, Council approved the Joint Agreement (between thirty other Orange County Cities, Orange County Fire Authority and the County of Orange) for the implementation and operation of the Orange County 800 MHz Countywide Coordinated Communications System (CCCS). Cost -sharing of the backbone expenses for this system was addressed in Section 15 of this agreement. It stated that, "The cost -sharing formula for future System modifications involving all Participating Agencies will be developed by the Governance Committee and agreed to by the Governing Authorities.' At the time this agreement went to Council in 1996, this formula had not been determined. During the past few months, the County, thirty-one cities and the OC Fire Authority reached agreement on a backbone cost -sharing proposal. The deal points of this agreement were approved by the 800 MHz Governance Committee on April 24, 2003, the Orange County City Managers' Association on May 7, 2003 and the Board of Supervisors on May 13, 2003. An amendment to the 800 MHz CCCS Joint Agreement was recently negotiated by the City Managers' representatives and legal counsel, with Board of Supervisors' approval authorized on June 24, 2003. The County of Orange is requesting that this amendment be presented to the 31 City Councils and the Orange County Fire Authority for ratification. Funding Source: The first year expense has been budgeted in the 2003/04 General Fund in Account Number 10042155.67740. Huntington Beach's backbone expenses for 2003/04 will be $212,373. 11 Recommended Action: �� O`" roc\ ('Ct,�J C� UA800 MHz Amendment.doc 121112003 5:34 PM k le- 5 11�6UEST FOR COUNCIL ACTI6i MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: IS 03-004 1) Approve the terms of the Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System. 2) Approve System backbone expenditure of $212,373 budgeted in Account Number 10042155.67740. Alternative Action(s): There is no practical alternative action. This amendment to the 800 MHz Countywide Coordinated Communications System Joint Agreement has successfully passed through the proper authorizing steps as stipulated in the original agreement. Denial would place the City in default and could result in termination of the radio system. , Analysls: In early 1996, the City of Huntington Beach, as well as 30 other cities, the Orange County Fire Authority, and the County of Orange executed the 800 MHz Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System (CCCS). Section 15 of this Agreement called for the County, Cities, and the Orange County Fire Authority to share in the cost of 800 MHz Backbone System expenses effective January 1, 2000. It stated that prior to January 1, 1999, the Governance Committee would specify the appropriate costs to be included in this cost -sharing arrangement and the formula on how these costs would be distributed to the parties to the Agreement. The implementation of backbone cost -sharing was delayed due to the delay in the 800 MHz system implementation and the time needed to reach a resolution on backbone cost -sharing negotiations. Agreement has now been reached on what costs are to be included in this cost - sharing arrangement and how the costs are to be allocated based on radio counts. The Cities and Orange County Fire Authority (OCFA) will commence System Backbone cost sharing payments as of Ju'y 1, 2002. The following table represents the respective aggregate obligations for the cost of the System Backbone expressed as a percentage of the total cost: FY2002-03! County's Share of cost 51 % Cities'/OCFA's share of cost 49% FY2003-04 County's Share of cost 45.6% Cities'/OCFA's share of cost 54.4% FY2004-05 and thereafter County's Share of cost 40.18% CWes'IOCFXs share of cost 59.82% ' Since FY2002-03 has passed, the County is amortizing this annual cost over a five-year period. The cost for Huntington Beach for 2003-04 is $189,374, plus the FY 2002-03 amortized payment of $22,999 for a total of $212,373. The amortized portion of the annual cost will terminate in five years. U:1800 MHz Amendment.doc 12/112003 5:34 PM R�(]UEST FOR COUNCIL ACTIbriI MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: IS 03-004 The County is billing on a quarterly basis which began their fiscal year July 1, 2003. Huntington Beach's quarterly bill is S53,093.32. So at the present time, Huntington Beach owes two quarters for a total current cost of $106,186.64. The radio count for Huntington Beach is as follows: Law (Police) 454 Public Works 265 Lifeguards 68 Fire (digital) 170 Fire (analog) 21 Total- -97-8- The total number City/OCFA radios is 10,815, countywide. Therefore, Huntington Beach's contribution percentage of the cost -sharing is slightly over 9%. The annual cost per agency will vary based upon the radio counts, anticipated costs and the changing percentage share. The infrastructure portion of the costs are estimated each year and are expected to decline significantly as radio reception problems throughout the county have been resolved. If annual contributions exceed actual costs, the excess shall be credited back to the parties based upon each contributing percentage rate. In the event of a shortfall, each party will be billed its pro-rata share due in the first quarter payment for the next fiscal year following the fiscal year of the shortfall. The implementation of the 800 MHz CCCS has provided enhanced capabilities to 'the public safety and public works communities as well as significant interoperability. It is, however, a very complex system. With its implementation, the system has increased from 50 to'500 base stations, 3 computers to 33 computers, 10 radio sites to 24 radio sites, 8-hour system watch to 24-hour system watch, and a tripling of microwave equipment. Considering the magnitude of the total investment (the backbone radio system equipment currently totals $21 million), the County, 31 cities, and the Orange County Fire Authority are being asked to jointly support the cost of backbone operations. This support assures that this highly complex, state-of-the-art system is seamlessly maintained and technically supported. Environmental Status: Attachment(s): 1 Amendment to Joint Agreement for the Implementaton and Operation of the Orange County 800 MHz Countywide Coordinated Communications System 2 Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications System, Section #15 3 1 800 MHz Cost Allocation spreadsheet U:1800 MHz Amendment.doc 1211/2003 534 PM k..) ATTACHMENT #1 09/32/2003 09:55 7147047902 OCSD C01,"ICATIONS PAGE 03/08 AMENDMENT TO JOIlN"T AGREEMENT FOR THE INITLENIENTATION AND OPERATION OF THE ORANGE COUNTY SOU MEGAHERTZ COM—TY VIDE COORDINATED CONDIMCATTONS SYSTEM DATED JANUARY 30,1996 -Nv EREAS, the panics hereto prcwously entered into that JOINT AGREEMENT FOR THE 2,,2LFI ENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNi`Y•WIDE COORDINATED CO.NBfL NICATIONS SYSTEM dated January 3011996 and fully executed April 24,1996 (hereinafter referred to as "Joint Agreemerif); and wi EP EAS, Section IS of the Joint Agr=mcnt which addresses the issue of Cost Sharing for the SOONfHz Backbone System expenses, provides in material part: "the Governance Corr nittee shall specify the appropriate costs to be included in this cost sharing arrangement and the forrr:ula on how these costs shall be distributed to the Parties to the Agreement. This distribution of costs shall be included as an amendment to this agreement after the mutual approval of the Parties to the Agreement."; and WPAIREAS, the parties to the Joint Agreement have now reached consensus on the appropriate costs and how these cost shall be distributed to the parties, and intend this docur e.nt to be the Amendment to the Joint Agreement in which that consensus is set forth. NOW, TBEREFORE, tke parties agree as follows: I. Delete Section 15 SYSTEM MODIFICATIONS AND COST SHARING located on Page 13 of the Joint Agreement, and substitute the following in is place: 1115 SYSTEM MODIFICATIONS AND COST SHARING 15.1 System Modifications System modifications may be needed- from time -to -time to meet the changing :seeds of Participating Agencies. System modifications, expansions or enhancements will not be allowed without technical review by the County and approval by the Governance Co=ittx. System modifications recommended by County and agreed to by the Governance Committee will then be forwarded to Govem ng Authorities for approval, as appropriate, and in. by County. 09/30/2003 09:55 7147047902 OCSD COMMUNICATIONS PACE e4108 Cost sharing of future Sys= Backbone modifications shall be determined based on the benefit to be derived by individual Participating Agencies. The cost for any modification intended for the sole use and support of a single Participating Agency shall be borne by that Participating Agency. The cost for any modification intended to improve service for an identifiable group of Participating Agencies in a local area or Net shall be shared by those Participating Agencies in a manner agreeable to those Participating Agencies. The cost -sharing formula for future System modifications' involving all Participating Agcrcics will be developed by the Governance Committee and agreed to by the Governing Authorities. 15.2 Cost Sbaring Beginning duly 1, 2002 A. Effective Date/PcrcenLgc Share The Cities and Orange'County Fire Authority (OCFA) will commence System Backbone cost sharing payments as of July 1, 2002. The following table represents the respective aggregate obligations for the cost of the System Backbone expressed a{ a percentage of the total cost: 1. FY 02-03 a. County's share of cost 51 % b. Cities'/OCFA's share of cost 49% 2. FY 03-04 a. County"s share of cost 45.6% b. Cities'10CFA's share of cost 54.4% 3. FY 04-05 and thcreafir: a. County's share of cost 40.19% b. Cities'10CFA's share of cost 59.82% The individual obligations for the cost of the System Backbone, as approved by the Governance Comminee, for each of the Cities and OCFA shalt be dsterrtined by dividing the number of radios that each of the Cities and the OCFA, respectively, are operating on the Systcm by the total nu+nber of radios that the Cities and OCFA arc collectively operating on the System. The resulting ratios shsll each be multiplied by the aggregate percentage obligations of the Cities and OCFA for each fiscal year as set forth above. Site resulting products shall be ft Cities' and 09/30/2003 09:55 7147047902 OCSD COMMUNICATIONS PAGE e5/08 OCFA's individual percentage obligations for the cost of the System Backbone in each applicable fiscal year. 15.3 Cities!OCFA Payment of FY 02-03 Backbone Costs A. County is authorized to transfer from the County's Site Development atd infrastructure Fund to the County General Fund, an amount equal to the Cities' and OCFA's FY 02-03 share of cost for System Backbone operations. The purpose of this transfer is to finance Cities' and OCFA's FY 02-03 share of the System Backbone costs and to allow cities and OCFA to pay said costs over a period of time. Furthermore, it allows the County to receive said amount in its General Fund as was budgeted for FY 02-03. I B. Fach city and-OCFA will amortize its share of the FY 02-03 System Backbone costs, interest fix, over a period of 5 years, commencing July 1, 2003, by paying back to County 20% of its share of the FY 02- 03 System Backbone -cost each year thereafter for five years.' Each city and OCFA shall make this payment to County along with its regular System Backbone cost -sharing expense. payment for, that particular fiscal year. 15.4 Annual Payment Commencing July 1, 2003, and continuing each year thereafter, each city and OCFA u ill contribute 100% of its allocated share of the System Backbone costs based on the formula set forth in 15.2A above. Said payments shall be made on a quarterly basis in advance within thirty days of billing. 15.5 New Site Development and Infrastructure Fund The County will place the approximately S4.1 million currently in the County's Site Development a-Md Infrastructure Fund, less the amount County is allowed to deduct from that fund pursuant to 15.3.A. above, into a sepzrate Site Development and Infrastructure Fund. This fund will be controlled by the 800 N1 z Governance Committer. Each project financed from this fund will require prior 844 MHz Governance Committee approval. Each expersdittrre from the Site Development and Infrastructure Fund must be utilized for County's share of site development and/or infrastruc=e costs. On June 30, 2008, any remaining balance in the Site Development and lafrastructure Fund shall be administratively transferred to the County General Fund without further approval by the 800 MHz Governance Committee, cities or the OCFA. 15.6 Ezcluxive Backbone System Costs e9/3V2903 09:55 7147047902 1W 0C5D ICATIONS PAGE W 08 Unless otherwise authorized by scp=te agreement or an amendment to tine Joint Agreement for the Implementation and Operation of the SM _ MHz CCCS (the 11800 MHz CCCS Joint Agreement'), none of the cost elements covered thereunder shall be included in other service aSTeemrnts between the County of Orange and the Cities or OCFA. 15.7 No Change to Governance Stricture The Governance Committee mucture set forth in Section 18 of the 800 MHz CCCS Joint Agreement, to oversee the cost of operations, projects financed from the Site Development and Infrastructure Fund, and to set policies regarding use of the System, is not char ed by this Amendment. 15.8 New Users of CCCS New users of the System shall be charged pursuant to the policy established by the Governance Committee under Section 15 of the 8DO' MHz CCCS Joint Agreement 15.9 Rndget:'Year-End Settlement A. The System budget and allocation of expenses adll be submitted for approval to the Governance Committee ninety (90) days in advance of each fiscal year and communicated to the Cities10CFA for purposes of including same in their bud;ets for the next fiscal year. D. As soon as practicable following t'te end of each fiscal year, a final accounting shall be performed to determine the act,,W cost of backbone system operations, infrastruct-= and maintenance costs for that fiscal year. Thereafter, to the extent there have been contributions made by the county, each city, each participating agency and the OCFA which exceed the actual cost of operations and maintenance, the amount of said excess contributions shall be credited to each party in the same proportion as was used to create the excess. In the event of a shortfall, each party shall be billed its pro -rats share of the shortfall, which shall be paid in the first quarter payment for the next fiscal year following the fiscal year of the shortfall. 15.10 800 AIRz CCCS Site Revenues In the event County decides to generate revenues from the cotnmemial, non -governmental sector by leasing space at the County's radio sites, the following shall apply: 09l3a/2003 09:55 7147047902 OCSD CCMMLNICATIONS PAGE 07/08 A. 'The tuc of said radio sites shall not interfere with o; degrade the efficitney of the System. B. The net revenues generated from such use shall be shared among the parties to this 800 MHz CCCS Joint Agreement in the same proportior. as each party contacted to the maintenanct and repair of the radio sites) for the fiscal year the revenue -is generated, up to the an. oimt of each party's contribution for maintenance and repair of the base radio site(s) from which the revenue is generated. All additional net revenues shall go to the County. 2 5JI—Effective-Dato- The effective date of this Atntndment to the 800 MHz CCCS Joint Agreement. shall be July 1, 2003." 2. All other provisions contained in the 800 MHz CCCS Joint Agreezncnt shall remain unchanged. LET `IMWESS VIUMEOF, the Pm -des hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this Amendment, each which shall for at.] purposes be deemed an original thereof. COUM OF ORANGE By Approved As to Form: County Counsel By mated: q— Dated: SIGM AND CF.RitFIE : . +" 9 Tw3 Mks %c?Y ?1cc�, CF In'- -.I . �**1�3T. 41 t:AFi�E, 8l 'r CURK THE UPERllt M WA Q CM% IwAuIA IN Amendment to the Joint Agreement for the Implementation and Operation of the Orange Count), 800 MHz Countywide Coordinated Communications System IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. l a municipal corporation of the State of California LGfr�vl..cc S��i I St1VL tns1AMAM. 6 ;AF.^ priA�FtSe��= Mayor ATTEST - APPROVED AS TO FORM: City Clerk fi [ „o &, r J. c0-i.zdj ::,,r _ _ kPROVED AS TO FORM: , print narne [ j Deputy County Counsel Y City Attogey SIGNED AND CERTIFIED THAT A COPY OF INITIA D AND APPROVED: 1(5 IFS DOCuMEIff HAS SEEM Da1kEMM TO TK CKAIR M OF rA 130�iR0 �Tttsr. In ervQX ic Director ri rar re rig mm OF IUKA AMS - .:,# -0 L/ - you-orl REVIEWED AND APPROVED: o0tity Administrator or- ORA46E' s i(0tira-r"Ag- Mkd — o � `c) Ay (30aa,c .may - 'XI M !► W P"t- Py CkCT. W w 9 Fib -'W N 6 70 C'o"OJT y. LVA ATTACHMENT #2 15. SYSTEM MODIFICATIONS AND COST SHARING System modifications may be needed from time -to -time to meet the changing needs of Participating Agencies. System modifications, expansions or enhancements will not be allowed without technical review by the County and approval by the Governance Committee. System modifications recommended by County and agreed to by the Governance Committee will then be forwarded to Governing Authorities for approval, as appropriate, reflected in revised Schedules "C" and "D," and implemented by County. Cost sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual Participating Agencies. The cast for any rend; `zcation�imended-for4he-sole-use-arid--step Participating Agency shall be borne by that Participating Agency. The cost for any modification intended to improve service for an identifiable group of Participating Agencies in a local area or Net shall be shared Eby those Participating Agencies in a manner agreeable to those Participating :agencies. i The cost -sharing formula for future System modifications involving all Participating Agencies will be developed by the Governance Committee and agreed to by the Governing Authorities. Exhibits "C" and "D" will be updated accordingly. 1 Beginning January 1.2000, and continuing each year thereafter, the County, the Cities, and the Orange County Fire Authority, as appropriate, will share in the cost of 800 MHz Backbone System expenses. Prior to January 1, 1999, the Governance Committee shall specify the appropriate costs to be included in this cost sharing arrangement and the formula on how these costs shall be distributed to the Parties to the Agreement. This distribution of costs shall be included as an amendment to this agreement after the mutual approval of the Parties to the Agreement. The County shall continue to operate and pay all operating costs of the System until such time that such amendment is approved by the Governine Authorities. The 800 MHz CCCS budget and allocation plan will be submitted for approval to the Governing Authorities six (6) months in advance of each fiscal year. Billing will be issued quarterly in advance for payment within thirty (30) days. CONTRACTUTAGREE.DOC J.%l:skb 01/30/96 8:49 Ati1 Page 13 ATTACHMENT #3 Rnn M14P I*fI z1 nt t Iit, As. 11I 144 CITj YfAGEMCV LawE0t71P PW EOulo LIFEGUARD IIRE EE -uiv. DI hat ILRE EQUIP • Analog TOTAL PERCENT Tu lr AplU6YTE0 PERCENT FY 2002002/ ! �a1�0n6 A106010Ia InhaslruG�x6 5Year Rea and Total IAt 1S0 VIE J0 4ANAHLIM 16 0 0 0 0 16 011% 015% 1,6al q 2.371 727 376 3,474 215.14, 66 015 34,146 315,303 a99 264 0 197 77 1452 0 65% 13 45% 170.732 $3.341 16,36T 16 VA 76.174 BREA 247 39 0 55 1s 360 295 244% 333x 42.130 BUIE NA PARK 201 94 0 0 O 7 00% 2 73% 34,667 43.110 13.412 6.937 64.0$9 116.927 COSTA 4AE SA CYPRESS 320 106 0 13 19 536 3 65% 4 90% 63 76R 79.713 24.460 12,652 121 50 0 0 0 179 121% 165% 21.046 34, 76,51? 9,136 4.210 30.670 OANAPOINT 39 7 0 0 0 46 031% 043% 5,409 6.90 6.916 2091 1.067 0A60 FOUNTAIN VALLEY 123 72 0 34 6 235 95914 210% 27.632 AS.S01 34 670 90.664 5.526 51.030 FULLERTON 274 161 0 69 15 534 362% 494% 62,790 103.40b 79.122 24.273 12.556 115,956 f.ARj7FN 6900E 316 141 0 41 0 $39 365% 496% 6].76U t04.17 79.715 24A60 12,657 116.627 miNTING70NBEAC14 454 265 6! 170 21 976 664% 906% 114.997 169,37 14490 ,0 44464 22,no ?17,373 IRVnJE 3A4 156 0 0 0 Soo 3 39% 4 53% 56.792 90.61 74,055 71.732 11,756 106.575 LAGUNA BEACH 110 66 33 47 20 276 1 09% 2 57% 32,666 $3.0 41.191 12,639 6,536 60.360 LAGUNA Hitt 35 A 01 0 0 39 0 26% 0 36% 4.566 7,55 5.779 1?73 1 917 8,469, LAGL"I%"IGUEL 41 12 0 t 0 0 53 036% 049% 6.232 10.26pi 7.053 7410 1246 11,509 LAGVNA WOODS 4 0 0 0 0 A 003% 004% 4T0 !7 $93 162 w 669 LAKE FOREST 65 0 0 0 0 65 044% 060% 7.543 1114 9631 2.955 1.529 14 Its I1 HABRA 119 36 0 47 22 724 Is 7 07% 26,339 43.37pi 33.190 10.164 5.266 46.642 to PALMA s0 16 0 0 0 66 045% 061x 7.761 12.76 9.779 3,001 1.552 14.332 LOS All AWTOS 47 1 0 0 0 40 033% 044% $644 9.74 7,112 7.152 1.179 10.423 w11SSION VIEJO NIA T BEACH C"E r , EMIR 79 A 0 0 0 67 0 56% 0 76% 2.642 Is.670 12.150 3.726 1.926 17.006 315 162 39 105 G. 647 4 39% 5 99x MOM 125.200 95 665 29 416 15 216 140 496 370 121 0 1t0 56 629 4 27% 502 73.961 121.796 43.196 76.597 14,792 136 506 111 4 0 0 0 115 0 76% 1 06% 13.522 22.2611 17.039 5.225 2.704 24.972 RANCIiO SAN1A MARGARITA 25 0 0 0 0 25 0 17% 0 23% 2.940 A 3.104 1,137 5"5.429 SAN ti,ELiEWE 64 $ 12 0 01 101 0697% 094% 11.676 19.55? 677 44,965 4592 2.375 21.932 SAN JUAN CAMSTRANO 33 21 0 0 0 35 0 24% 0 32% 4.115 5,166 1,591 623 7.600 SANTA AMA 596 225 0 125 w 996 6 76% 9 22% 1 06% 117.114 192.65D 147.576 45 263 23.423 216.262 SE At BEACH 93 0 14 0 0 115 010% 13.522 7,76i 5 29I� 17.032 5226 7,704 24 972 S1tNTON 45 34 0 0 0 79 0 54% 0 73% 9 2A9 11.705 3.592 1.956 17,155 TUSTIN 146 96 0 0 0 24R 167% 220% 20,926 47.63# 36,450 11.164 S.765 53419 VILLA PARK 6 6 0 0 0 12 297 006% 011% 1.411 2.37# 1.77f 546 201 2.6m WES7MINSTER 115 107 0 0 0 1 28% 2 70% 34.335 56,64 43.763 13 276 6.667 63 405 VORBALINDA 0 As 0 0 n .1 n,1ti o42'4 5.291 0,71 a.6ca 2CAG 7000 1.056 6.772 4AEMONET• n 0 0 36 0 44 03Cri 041x 5.174 6.62 6,s19 1.035 9.555 CItY TOTAL 6.116 2.317 1" 1 lit 321 0.911 67.14% $1.63% 1,113,497 1,f16, 1,466.933 441.412 232 4" 2,146 706 OCFA 0 0 0 1Sa 50 ow 6.13% 9,37% 106,2% 175.04 133.142 41,100 21.259 196,304 CITYiOCFA TOTAL 6.176 2.317 166 2.014 371 10,116 73% 100% 1,261 713 7 Dft 061 1.600,071 4f0.f7! 263,061 2,343.00f SHERIFF 1591 0 0 0 1591 10 604 40 SM 53612i 711 0 544.080 166,950 711 036 gS1RICT ATTONMEY 276 0 0 0 776 155% 5 01% 16631 tOt fS 77,971 73925 t01.996 P60S 0 62 0 O 02 0 56% 2 09% 27.632 36.64 26 042 6 605 36.6A 7 PROBATION 473 0 0 0 473 321% 1206% 159.390 211.3 161,756 49534 211.390 r4CA 0 41 0 0 41 0 20% 1 05% 13.016 16.37 14 021 4.30? 16 323 Aw"Al. COM ROL W/IYNE AIRPORT 0 02 0 0 61 0 56% 2 09% 27.637 36.64 26 042 6605 36 647 61 0 113 626 $7 0 0 0 0 194 663 1.32% 5 9914 4 95% 22 51% 65.373 97.550 66.70PI 394,67a 66.344 20 357 66 701 301.90 22.657 394.624 OCStYCOMMl7NIf,ATN�luS 0 272 C C 27.-j 1 E5% 69414 91,656 i2l.L6P 90 Ole 26.547 121.5w twu 0 76 0 01 76 0 5211 1 941E 256t0 33 96 25,990 7.975 33 065 COUNTY TOTAL 2,373 1.492 67 3.922 26 61% 100,00% 1,321,621 2,7/ 1,341,241 111,660 1,76l,1f2 ��3.od TOTAL 9.246 3.0711 223 2,014 371 14.737 10000% 2.S91,414 314 2.941.320 902,623 4.097.502 *for FY 2002*003, MOW bafA6one wsl-HlannQ is aI11K40aled at $2.501.414 tndel lha celse proposal, Pw Wes and OCFA wouw pay 49%weh Via C LOI, paywv 51%. "F or F Y 2003t200a.opel a6onat DaIJ Pone 4ns1-ahal>,rp 7o1a1s 57.941,570 w4h sso4vaa wrasalrclwa data al 1902.523 Under Vw a6ei proposal, the Wins and OCFA would pay 54 4%ard /M 02103 CeKUOCFA _ CourM n•r 4lw.n 7.Sil �14 1.so9]Y3 1.JlIA�t Moraas In*a 01 0 0 2.591 41a 1,259 793 1 321 6 . 2.591.414 Lusisl wwVGOII • IAaAey OPT 10M • A 43 6%. 03104 02A3 C4.c%/0CFA COVI r01.0,4 7941.320 1.600078 1.341,242 Motorola Inks 902.523 490.973 -I11.550 3943.843 2.091.051 1.762.722 S Yea's _ 253.954 CelevOGFA Repsynterd 3.643.642 RCA ROUTING SHEET I INITIATING DEPARTMENT: I Information Services SUBJECT: Approve the terms of the Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications Svstem I COUNCIL MEETING DATE: I December 15, 2003 j RCA ATTACHMENTS STATUS Ordinance wlexhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & le islative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full b the qLtZ AHomey Attached Subleases, Third Party Agreements, etc. LApproved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the Cky Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds if applicable) Not Applicable Staff Re ort If ap licable Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED NED Administrative Staff Assistant City Administrator Initial City Administrator Initial ct aty Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: Jim Moore O.C. SHERIFF'S DEPARTMENT Communications From the Desk of Sandy Blansett 215I98 To: Mae Henry, City Clerk's Office City of Huntington Beach Subject: 800 MHz Joint Agreement Please find attached a copy of the 800 MHz Joint Agreement. As you can see by the letter, a copy was sent to all City Managers June 6, 1996. The 800 MHz Joint Agreement replaced the 800 MHz Joint Powers Authority (JPA) Agreement which was never fully executed because the County did not proceed with the JPA. Sorry for the confusion. If you have any additional questions, please call me at 704-7934. Sandy lansett Staff Assistant 800 MHz Project ROBERT A. GRIEF TH. Director General Services Agency Y OF NGE GENERAL SERVICES AGENCY 14 Civic Center Plaza, First Floor Santa Ana, California 92701.4047 (714) 834-5.-.00 FAX (714) 834.5956 .tune 6, 1996 TO: Orange County City Managers } and Orange County Fire Authority Director SUBJECT: Executed 800 MHz Joint Agreement Enclosed is an executed copy of the 800 MHz Countywide Coordinated Communications System Joint Agreement for your records. If you provided any additional signed copies of the agreement, we are returning them to you in this package. The complete original with signed pages for each city and the Orange County Fire Authority remains on file with the County. If you have any questions, please call Susan Markey, GSA/Communications, at 704-7907. r� t Robert A. Griffith, Director General Services Agency SM:skb Enclosure 961800NIHz.147 JOINT AGREEMENT FOR 711E IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM JANUARY 30,1996 Val ;. _ 1 1 1. SYSTEM..................................................................................................................................I 2. DEFINITION OF TERMS....................................................................................................I 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEMS .......................3 4. OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEMS..................................3 5. OPERATIONAL POLICIES - FIRE SUBSYSTEMS........................................................4 6. OPERATIONAL POLICY....................................................................................................5 7. OPERATIONAL POLICY REVIEW..................................................................................6 8. MUTUAL AID........................................................................................................................6 9. RELINQUISHING EXISTING OPERATING CHANNELS............................................8 10. SYSTEM TECHNICAL MANAGEMENT.........................................................................8 11. SYSTEM MODIFICATION COST APPROVALS..........................................................10 12. CONTRACTS.......................................................................................................................10 13. FUNDING.............................................................................................................................11 14. EQUIPMENT FACILITIES AND STRUCTURES..........................................................12 15. SYSTEM MODIFICATIONS AND COST SHARING....................................................13 16. ADDITIONAL PARTICIPATING AGENCIESIUSERS OR CONSOLIDATION OF PARTICIPATING AGENCIES...................................................................................14 17. LIABILITY...........................................................................................................................16 18. GOVERNANCE COMMITTEE........................................................................................16 19. AGREEMENT AMENDMENT PROCESS......................................................................17 20. AGREEMENT DATE..........................................................................................................17 Pagc i / N. JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 AIEGAIIERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This Agreement is entered into on April 24 ,1996 by and between the Parties Iisted on Exhibit "A" which is attached hereto and incorporated herein. NVITNESSETH: Whereas, the installation, maintenance and operation of a Countywide Coordinated Laxv Enforcement/Public Works/Fire Radio Communications System, to be knov-rn as the 800 MHz Countywide Coordinated Communications Systen; (CCCS), is desirable, ` Now, Therefore, in consideration of the mutual covenants, conditions, agreements and stipulations hereinafter expressed, the Parties hereby agree as follows: 1. SYSTEM The 800 MHz CCCS, hereinafter referred to as System, shall be implemented in the County of Orange. Said System is described in Contract No. S0000015.95 for an 800 MHz CCCS, dated September 19, 1995. The Parties hereby designate County of Orange GSA/Communications Division as the "Lead Agency" in acquiring and implementing System. 2. DEFINITION OF TERMS "Contract City" is defined as a city receiving law enforcement, public works or fire services from the County or any Participating Agency under the terms of a contract. "Fire Agency" is defined as, and shall include, all governmental Fire Agencies operating primarily within the limits of Orange County. "Governing Authority" is a City Council, County Board of Supervisors or Orange County Fire Authority Board of the Participating Agencies, responsible for approving cost modifications. Exhibit "A" provides a list of City, County, and Orange County Fire Authority administrators representing these bodies. CONTRACTATAGREE DOC Jhl:skb 01/30/96 8:49 ANI Page 1 "Law Enforcement Agency" is defined as all governmental Law Enforcement Agencies operating primarily within the limits of Orange County, as follows: Orange County Sheriff's Department, Orange County City Police Departments, Orange County Marshal's Department, Orange County District Attorney's Office, and Orange County Probation Department. . For. purposes of classification, GSA/Communications, HCA/Animal Control, and John Wayne Airport are identified as Law Enforcement Participating Agencies under the cost allocation. "Mutual Aid Provider" is defined as any governmental or private organization, not otherwise defined in this Agreement, that has a legitimate Mutual Aid operational requirement with another Participating Agency or User of System. "Net" is defined as a group of Participating Agencies who operate a joint dispatch center, or a combination of radio dispatch talkgroups used by a fixed group of Participating Agencies. "New City" is defined as a city incorporated after the effective date of this Agreement. "Non-City/Non-County User" is defined as a special district, water district, sanitation district, or similar governmental or quasi -governmental agency. These are not Participating Agencies. "Participating Agencies" are those agencies listed in Exhibit "B" that will be operating on the 800 MHz System. "Parties" are defined as the County of Orange, incorporated cities in the County of Orange, and Orange County Fire Authority, which are listed in Exhibit "A." "Public Works Agency" is defined as, and shall include, all County or City departments, other than those defined as a Law Enforcement or Fire Agency. . . "Subsystem" is defined as one of three operational subsystems that use common equipment, each in a similar way, but use different operational procedures; these are referred to as the Law Subsystem, the Fire Subsystem, and the Public Works Subsystem. The Governance Committee must assure operational integration of all three systems. "System Backbone" is defined as those portions of the System Backbone that provide the means by which dispatch centers and mobile radios communicate with each other, and is composed of mobile relay equipment, micro,.4•ave equipment. and associated control equipment. = "System Field Equipment" is defined as that portion of the System that uses the System Backbone for communications and consists of dispatch center equipment, mobile radios, and portable radios. CONTRACT/7TAGREEAOC JNI:skb 01/30/96 8:49 AM Page 2 "User" is any System user that is rot currently listed as a Participating Agency on Exhibit "B." 3. OPERATIONAL POLICIES - LANV ENFORCEMENT SUBSYSTEMS The Orange County Chiefs of Police and Sheriffs Association, hereinafter referred to as "OCCOPSA," is an established organization composed of representatives from the Sheriffs Department, City Police Departments, Marshal's Department, District Attorney's Office, and Probation Department, participating in the Orange County Law Enforcement Subsystem. The OCCOPSA Communications Committee has been delegated by OCCOPSA the responsibility for operational policy development of the Law Net (Law Enforcement Subsystem). This is a long-standing role and it is the desire of all the Participating Agencies that it continue. Thus the Participating Agencies agree that operational policy for the Law Net (Law Enforcement Subsystem) shall be developed by the Communications Committee and ratified where appropriate by OCCOPSA. The Committee shall act on behalf of all of the Law Net (Law Enforcement System) Participating Agencies in the development and recommendation of future modifications for the Law Net (Law Enforcement Subsystem) as well as the above described role in development of operational policy. ` The designation of OCCOPSA, as the organization representing Law Enforcement Participating Agencies, can be changed by these Participating Agencies only once in each five (5) year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement group and shall arrange for a vote of the Law Enforcement Subsystems Participating Agencies to determine the organization, group, or committee that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. 4. OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEMS Public V4'orks Agencies shall appoint a permanent Public Works Policy Committee, hereinafter referred to as "PWPC," consisting of one representative from each of the Public Works Participating Agencies as Iisted in Exhibit "B," to develop operational policies for the Public Works portion of the System. CONTFaNCTOTAGRLE.DOC Jhl:skb 01/30/96 8:49 Alai Page 3 The PWPC will be charged with developing operational policy for the Public Works Subsystem. Any Public Works Agency entering into this Agreement at a later date shall appoint a representative to the PWPC. The PWPC shall act for agencies to consult with County to determine and recommend to agencies future modifications of the Public Works Subsystems and develop operational policies for Public Works Subsystem, in accordance with the terms and conditions of this Agreement. The designation of the PWPC can be changed by these Participating Agencies only once in each five (5) year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement group and shall arrange for a vote of the Public Works Participating Agencies to determine -the organization, group, or committee that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. 5. OPERATIONAL POLICIES - FIRE SUBSYSTEMS The Orange County Fire Chiefs' Association, hereinafter referred to as "OCFCA," is an established organization composed of representatives from the City Fire Departments and the Orange County Fire Authority. The OCFCA Communications Committee, in cooperation with County, has heretofore recommended operational policy for the present fire communications system, consulted with County on present fire communications system upgrades, and made recommendations for the use of the present fire communications system by other users who provide operational support to fire departments. It is appropriate to direct the OCFCA Communications Committee to continue its established role in the operation of the new System. Therefore, - OCFCA, based on recommendations provided by the Communications Committee, shall consult with County to determine and recommend to Fire Agencies future modifications of Fire Subsystems and develop operational policies for Fire Subsystems, in accordance with the terms and conditions of this Agreement. The designation of OCFCA, as the organization representing Fire Agencies, can be changed by these Fire Agencies only once in each five (5) year period. When the majority respond affirmatively to such a recommended change, the County shall request nominations for a replacement group and shall arrange for a vote of the Fire Agencies to determine the organization, group, or committee that shall advise on operational policy. The new organization will assume office not earlier than thirty (30) days after the balloting. CONTRACrIJTAGRL•GDOC JM:skb 01/30/96 8:49 AM Page 4 6. OPERATIONAL POLICY 6.1 Law Enforcement Subsystems The development of Law Net (Law Enforcement Subsystems) operational policy has been delegated by OCCOPSA to its Communications Committee. That Committee reports to OCCOPSA. Policies developed by OCCOPSA for the operations of the Law Net shall ensure that each participant in the System is treated equitably and that each Participating Agency has sufficient communications capability to meet their legitimate needs. Any dispute between Participating Agencies over operational policies shall be reviewed by the Communications Committee and if not resolved, then reviewed by OCCOPSA. Any unresolved dispute may be appealed to the Governance Committee for decision. 6.2 Public Works Subsystems Public NVorks Subsystems operational policy shall be established by the PWPC. Said policies shall ensure that each participant has sufficient communications authorized to meet its legitimate needs. Any dispute between Participating Agencies over operational policies established by the PWPC shall be resolved by the P%VPC. When the dispute cannot be resolved by the PWPC, the parties may present their dispute to the Governance Committee for decision. 6.3 Fire Subsystems Fire Subsystems operational policy shall be established by the OCFCA based on recommendations provided by the OCFCA Communications Committee. Said policies shall ensure that each participant in the System is treated equitably and that each Participating Agency has sufficient communications authorized to meet their legitimate needs. Any dispute between Participating Agencies over operational policies established by the OCFCA shall be reviewed by the OCFCA Communications Committee with recommendation to OCFCA. When the dispute cannot be resolved by the OCFCA, the parties may present their dispute to the Governance Committee for decision. 6.4 System Priorities Public Safety, consisting of City and County Law Enforcement and Fire Agencies dispatch functions and individual radio emergency buttons, shall have System operational priority over all lawlfirerpublic works non -life threatening operations when and if it is necessary to establish System priorities. CONTI'ACr;1TAGREC-.DOC Jki:skb 01130/96 9:49 ANI Page 5 7. OPERATIONAL POLICY REVIEW 7.1 Law Enforcement Subsystems To ensure that operational policy developed by the Communications Committee of the OCCOPSA is compatible with all of the other systems, such policy shall be subject to review by the Participating Agencies' representatives - in the Public Works Subsystem and the Fire Subsystems. A thirty (30) day review period prior to policy implementation shall ensure appropriate time for review. Exceptions can be made when the Committee declares the operational policy is of an emergency nature and immediate implementation is necessary for safety purposes, but all such emergency decisions shall be reviewed by the Participating Agencies as described above and within the thirty (30) day period noted. 7.2 Public Works Subsystems Any proposed action by PWPC, pursuant to the section titled "Operational Policies: Public Works Subsystems" above, shall be subject to a thirty (30) day review by the Participating Agencies' representatives in the Law Enforcement and Fire Subsystems. Should any Participating Agency object to said action by the PWPC, said action shall require the approval of all members of the PWPC prior to implementation. 7.3 Fire Subsystems Any proposed action by OCFCA, pursuant to the. section titled "Operational Policies: Fire Subsystems". above, shall be subject to a thirty (30) day review by Participating Agencies' representatives in the Law Enforcement and Public Works Subsystems. Should any Participating Agency object to said action by OCFCA, said action shall require the approval of the members of the OCFCA prior to implementation. Exceptions can be made when OCFCA declares the operational policy is of an emergency nature and immediate implementation is necessary for safety purposes, but all such emergency decisions shall be reviewed by the Participating Agencies as described above and within the thirty (30) day period noted. S. MUTUAL AID 8.1 . Mutual Aid Policies and Procedures Mutual Aid communications is an important capability of the System. Utilizing this capability in an efficient manner is essential.. Mutual Aid operational policies and procedures must be coordinated between Participating Agencies within Orange County and Participating Agencies outside of Orange County. All Participating Agencies shall comply with the operational policies of the following Mutual Aid Plans. CONTRACT/JTAGREEDOC At:skb 01/30/96 8:49 AM Page 6 8.2 Mutual Aid. Plans The following Mutual Aid plans shall establish Mutual Aid operational procedures for all Participating Agencies. Orange County Mutual Aid Implementation Plan for the Use of the 800 MIIz National and State Mutual Aid Channels This plan is required by the Southern California 800 MHz Regional Communications Plan and, together %%'ith any plan modifications, must be approved by the State of California Office of Emergency Services, Telecommunications Advisory Committee. Any proposed modifications to the plan must be reviewed and approved by the Governance Committee prior to submission to the State. Orange County Mutual Aid Plan for the Use of the 800 MHz Local Mutual Aid Channels The plan will be prepared by the O:ange County GSA/Communications Division and Sheriff's Emergency Management with the approval of the Participating Agencies, based upon approval by the OCCOPSA, PWPC and OCFCA. 8.3 Mutual Aid Priorities Participating Agencies who from time -to -time have need to communicate with Law Enforcement or Fire Agencies (luring emergencies or in their daily support of Law Enforcement or Fire Agencies will be allowed to access the Law Enforcement or Fire Subsystems as approved by those respective agencies. Such use may include the day -today operations of said non -Law Enforcement and non - Fire Participating Agencies on a non -interfering, prioritized basis. This use shall in many cases be predefined and talkgroups established subject to approval of the OCCOPSA and the OCFCA as it affects their respective communications. Such non -Law Enforcement and non -Fire Agencies are defined to include, but not be limited to: County and City support functions such as Flood, Equipment Maintenance, Public Works, and similar agencies. CONTI ACT!]TAGREEDOC Atskb 01/30196 8:49 AM Page 7 M 9. RELINQUISHING EXISTING OPERATING CHANNELS Existing Participating Agencies operate existing systems on a variety of radio channels licensed by the FCC. Both the FCC and the Southern California Regional Plan, approved by the FCC on November 2I, 1989 for the implementation of new systems using the 800 MHz spectrum, require that Participating Agencies that transfer operation to the new 800 MHz channels must give back licenses on existing system frequencies. These "give -up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. Participating Agencies entering into this Agreement agree to "give up" channels licensed on existing systems that are replaced by the new System.- -FCC licenses on these "give -up" channels shall be returned to the FCC for cancellation not more than thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. - An exception to the paragraph above is when Participating Agencies who, as a result of transferring law enforcement operations to the System, subsequently move other public works operations to their current 460 MHz channels. In this case, Participating Agencies agree to relinquish the previously used 460 MHz channels to public works operations within thirty (30) days of completion of the transfer to the 800 MHz System and such a transfer to public works must occur within one hundred eighty (180) days of transfer of law enforcement operations to the System (FCC requirement), at which time the previously used public works FCC. licenses on these "give -up" channels must be returned to the FCC for cancellation not more than thirty (30) days after transfer of . public works operations to the 460 MHz channels.. Any city that does not have a 460 MHz law enforcement "give -up" GREEN' channel to use for public works may be able to use another city's "give -up" 460 MHz GREEN channel in a cellular re -use pattern as is done currently with the law enforcement GREEN channels. 10. SYSTEM TECHNICAL MANAGEMENT Proper operation of a modem, trunked, multi -channel communications System requires centralized technical coordination. The interactive nature of these systems requires that standards be established and adhered to rigorously. Laxity or non-standard use of the System by Participating Agencies can adversely affect the ability of all Participating Agencies to fully utilize the System capabilities. CONTRACT/1TAGREE DOC JNI:skb 01/30/96 9:49 AM Page 8 V 10.1 Technical Liaison Committee The 800 MHz Technical Liaison Committee shall be utilized to develop the technical operation policies and procedures of the System. • This committee is composed of members approved by the Law, Fire and Public Works Committees identified in sections 3,4 and S and can be modified with their approval. 10 12 Technical Standards Technical standards are an essential part of the operation of a multi-user system. To ensure the long-range effective operation of System, technical standards shall be developed. Said standards shall be approved by the Technical Liaison Committee and _all. Participating Agencies will be required to adhere -to them. Failure to adhere .to the technical standards may result in mobile or portable field equipment being restricted from access to the associated Backbone System. 10311 Approved Equipment The initial System implementation will consist of equipment supplied by the original system equipment vendor and will meet the technical requirements of the System. The Technical Liaison Committee shall compile a list of this approved equipment and make it available to all Participating Agencies. In the future, as newer equipment from the original vendor or another vendor becomes available, the Technical Liaison Committee shall evaluate it for compatibility with the System. Any equipment that meets the technical criteria for operation on the System shall be added to the approved list. 10.4 Technical Standards and Equipment Evaluation The County of Orange GSA/Communications Division maintains engineering and technical staff whose task is to maintain, manage and operate existing multi-user Backbone Systems. Technical management of the System shall continue to be the responsibility of the Orange County GSA/Communications Division. County technical staff shall evaluate new radio equipment for adherence to technical standards prior to inclusion on the approved equipment list. Radio equipment evaluation results shall be provided to the Technical Liaison Committee for approval and to the vendor requesting equipment evaluation. Any disputes regarding the technical evaluation of equipment will be referred to the OCCOPSA Communications Committee, PV►TC and OCFCA, with final approval by the Governance Committee. CONTRACT/1TAGRCE_DOC JM skb 01/30/96 8:49 AM Page S- MA 11. 12. 12.1 SYSTEM MODIFICATION COST APPROVALS Any Law Enforcement Subsystem modification or other action proposed by OCCOPSA which requires Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. Any Public Works Subsystem modification or other action proposed by the PWPC which requires Participating Agencies to obligate funds for cost sharing shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. Any Fire Subsystem modification or other action proposed by the OCFCA which requires Participating Agencies to obligate funds for cost. sharing -shall require prior approval by the Governing Body of each Participating Agency, following approval by the Governance Committee. - CONTRACTS The County may from time -to -time enter into such agreements or contracts with various vendors to purchase or lease equipment, and for installation, service and maintenance of equipment as may be necessary and required in order to effectuate this Agreement.' All such agreements or contracts shall comply with applicable State Law for counties. County Responsibilities County shall negotiate and enter into agreements or contracts with the various vendors as contemplated in this Agreement. County shall make payments due and payable under such agreements on behalf of Participating Agencies. County shall negotiate and enter into agreements with new Users which may hereafter receive -approval to access the System pursuant to this Agreement, provided that: • Any additional terms, conditions, and costs for entry shall be included in an addendum to this Agreement. Said addendum shall address any direct or indirect compensation to Participating Agencies or Users for System Backbone usage by new Participating Agency(s) or User(s). • County shall obtain the approval of the Governance Committee to determine the appropriate additional terms, conditions, and costs to be included in said addendum. CONfRACrgTAGREEMOC JM:skb 01130I968:49 AM Page 10 MA • Any such new Participating Agency(s) or Users) hereafter who shall desire to become a party to this Agreement may do so by executing a copy of this Agreement and assenting and agreeing to all of the terms, conditions and buy -in and operational costs thereof. • Compensation may System or other Agencies/Users. 13. FUNDING 13.1 System Acquisition 13.2 take the form of improvement or modification of contribution for the benefit of all Participating During the acquisition period, the County will adopt an acquisition budget for the acquisition of the System. The acquisition budget shall include the follwxing: (a) the System acquisition costs and (b) the allocation of costs among the Participating Agencies in amounts necessary to cover the acquisition budget items. Attached hereto as Exhibit "A" is a list of all_ cities participating in the System, as well as each city's responsible administrator. Exhibit "A" also includes the County and the Orange County Fire Authority and responsible administrators. Set forth in Exhibit "C" is each entity's estimated cost allocation for the initial Law Enforcement System implementation including field equipment purchases and installation. Exhibit "C" will be periodically updated to reflect any changed equipment orders or authorized System modification expenses. County shall provide to each responsible administrator, as indicated on Exhibit "A," a quarterly financial report from the date of contract initiation for a period of two (2) years after which the County shall provide financial reports semi-annually for the remainder of this Agreement. Payment Exhibit "D" identifies each entity's estimated payments by fiscal year for the law enforcement portion of the System. As part of the acquisition process of the System, the County shall, within sixty (60) days of the effective date of this Agreement, issue a final payment schedule. Total amounts will not exceed each entity's full contribution for the System, as identified in Exhibit "C;' unless an entity adds equipment or modifications as authorized per sections 15 and 16. Changes are subject to final approval by the Governance Committee. CONTRACTIJTAGREE-DOC JNI:skb 01/30196 8:49 ANI Page I t Fiscal year payments to meet contractual obligations, as stipulated above, are due and payable thirty (30) days after the first day of each fiscal year. (An initial payment may be required prior to FY 1995/96 year-end to meet the contractual obligation for the detailed design review). The cities, as represented by their responsible administrators as set forth in Exhibit "A," the Orange County Fire Authority, should it want to purchase equipment, and the County are responsible for depositing payments in an escrow account established for this purpose in an approved state or federally chartered bank in California. The cities, as represented by their responsible administrators, the Orange County Fire Authority as appropriate, and the County shall be responsible . for paying all fees for the expenses incurred by the escrow agent in administering the escrow account. Upon _establishment of the escrow account, responsible administrators from the cities, Orange County Fire Authority, and County will sign an agreement that allows the escrow agent to release funds to the County as required by the County subject to the terms of this Agreement. 13.3 Failure to Pay Should any participating agency fail to make its appropriate payments when due, the County shall take action as is appropriate to obtain such payment. Nothing in this Agreement shall be construed as the County's exclusive remedy for the remediation of defaults by Governing Authorities, and the County reserves the right to pursue any and all available rights and remedies at law or in equity. 14. EQUIPMENT FACILITIES AND STRUCTURES Additional facilities, structures, and modifications will be needed to implement the System, including System Backbone facilities and System Field Equipment facilities (e.g., dispatch centers). 14.1 System Backbone Facilities In the event of a decision by the Governing Authorities to financially support expanding or modifying existing facilities, or adding new County radio structures or facilities as necessary, to support the implementation of the System Backbone, the County shall be responsible as lead agency to implement these expansions, modifications, or additions. 14.2 Field Equipment Facilities Individual Participating Agency shall, at its sole Participating Agency expense, expand or modify its existing Participating Agency structures, facilities, or dispatch centers as required to support the installation of Participating Agency System Field Equipment. CONTRACWTAGRCC.DOC ]N1:skb 01/30/96 8:49 AM Page 12 15. SYSTEM MODIFICATIONS AND COST SIIARING System modifications may be needed from time -to -time to meet the changing needs of Participating Agencies. System modifications, expansions or enhancements will not be allowed "ithout technical review by the County and approval by the Governance Committee. System modifications recommended by County and agreed to by the Governance Committee «ill then be forwarded to Governing Authorities for approval, as appropriate, reflected in revised Schedules "C" and "D," and implemented by County. Cost sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual Participating Agencies. The cost for any modification intended for the sole use and support of a single Participating Agency shall be borne by that Participating Agency. The cost for any modification intended to improve service for an identifiable group of Participating Agencies in a local area or Net shall be shared by those Participating Agencies in a manner agreeable to those Participating Agencies. The cost -sharing formula for future System modifications involving all Participating Agencies will be developed by the Governance Committee and agreed to by the Governing Authorities. Exhibits "C" and "D" will be updated accordingly. Beginning January 1, 2000, and continuing each year thereafter, the County, the Cities, and the Orange County Fire Authority, as appropriate, will share in the cost of 800 MHz Backbone System expenses. Prior to January 1, 1999, the Governance Committee shall specify the appropriate costs to be included in this cost sharing arrangement and the formula on how these costs shall be distributed to the Parties to the Agreement. This distribution of costs shall be included as an amendment to this agreement after the mutual approval of the Parties to the Agreement. The County shall continue to operate and pay all operating costs of the System until such time that such amendment is approved by the Govcrnin€ Authorities. The 800 MHz CCCS budget and allocation plan will be submitted for approval to the Governing Authorities six (6) months in advance of each fiscal year. Billing will be issued quarterly in advance for payment within thirty (30) days. COWRACT11TAGRCC.DOC Al -A h 0180196 8M AM Page 13 16. ADDITIONAL PARTICIPATING AGENCIESIUSERS OR CONSOLIDATION OF PARTICIPATING AGENCIES Law Enforcement/Public Works/Fire Agencies may be added to the System with approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. - The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. The System must adhere to FCC minimum loading standards. In order to meet the. minimum..loading-standards established by the FCC. and. to. enure -efficient.. utilization of the System spectrum resource; County will continually monitor the level of use of the System. The County shall be responsible for coordinating access to the System, training new users in operational procedures, and assuring compliance with technical standards. The new Agency may be responsible for the cost of these services. 16.1 Adding Participating Agencies: New Incorporated or Contract Cities Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to form their own departments. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to an independent city system similar to other cities. Any System Field Equipment or other costs associated with the transition of a New City or Contract City to the System shall be the responsibility of the city unless addressed in a separate agreement with County. 16.2 Consolidation of Law Enforcement Agencies, Public Works Agencies or Fire Agencies Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to consolidate with other departments to form regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. CONTRAMITAGREE DOC JNI:skb 01/30196 8:49 AM Page 14 163 16.4 Adding Non-City/Non-County Users Newly formed Non-City/Non-County Users or Non-City/N'on-County Users that do not participate in the System in its initial implementation may desire to use the System. County shall work with any such User to develop an appropriate system design and implementation plan to transition to the System after approval is recommended by OCCOPSA, PWPC and OCFCA, as appropriate, and approved by Governance Committee. A New Non-City/Non-County User A user that does not participate in the original purchase and cost sharing of the System Backbone shall contribute a share of the System cost as determined by the Governance Committee. The County shall place any funds received as a result of the addition of a New Non-City/Non-County User in an escrow account. Funds from this escrow account may be used for Backbone System enhancements for the benefit of all Participating Agencies and Users. Enhancements shall be recommended by the Technical Liaison Committee and OCCOPSA, PXVPC and OCFCA, as appropriate, with final approval by the Governance Committee. Approved enhancements involving cost sharing shall be submitted to the Governing Authorities for approval as appropriate. Any Backbone System modification costs required to transition a New Non- CitylNon-County User to System shall be the responsibility of the new Non- City/Non-County User. Any System Field Equipment costs associated with the transition of a New Non- City/Non-County User to System shall be the responsibility of the new Non- City/Non-County User. Adding Mutual Aid Providers Certain governmental and non -governmental Mutual Aid Providers may be granted access to the subsystems, for the expressed purpose of providing Mutual Aid to a Participating. Agency. Access may only be granted by the bodies described in Sections 3, 4, 5 and 6.1, 6.2, and 6.3 of this Agreement. Any Backbone System modification costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Providers and/or the sponsoring Participating Agency(s). Any System Field Equipment costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Provider and/or the sponsoring Participating Agency(s). CorrrRnCTMAGRrc.DOC AM!) 01/30/96 8:49 ANI Page 15 V 17. 18. LIABILITY Each Party Iisted in Exhibit "A" (the "Indemnitor"j shall indemnify, defend, and hold all other parties, and their agents and employees (the "Indemniteee) harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement. To the fullest extent permitted by law, the County agrees to indemnify, hold harmless, protect and defend each Party listed in Exhibit "A," exclusive of County, together with all directors, officers, employees, and agents of Parties, from and against any and all liabilities, losses, damages, judgments, fines, demands, claims,- costs .and expenses, attorney's fees, disbursements . and -court costs, arising directly or indirectly out of the 800 MHz lawsuit entitled "Ericsson, Inc., v. County of Orange, et al (Motorola RPI)" GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz System including assuring City, County and Orange County Fire Authority compliance with payment schedules, addressing operational issues affecting System operation and backbone site development, reviewing and approving conversion, implementation and modification plans, approving contract changes, resolving disputes between the subsystems or between Participating Agencies, approving the policy recommendations of the Committees, approving policy, operational and fiscal matters necessary for the operation and maintenance of the System, and performing any other responsibilities required to implement this Agreement. The Governance Committee shall be responsible for recommending 800 MHz Project operating and capital improvement budgets that are jointly funded by the Parties to the Agreement. The appropriate Governing Authorities will be responsible for approving these budgets. Committee members, as identified below, will also be responsible for coordinating with their appropriate associations/agencies on issues involving Governing Body approvals: • Four City Managers appointed by the Orange County City Managers' Association 0 Chief Executive Officer, County of Orange, or Designee • Sheriff -Coroner 4 GSA Director CONTRAMTrAGREEDOC Mskb 01/30/96 8:49 ANI Page 16 r- Each must designate and name an alternate as a voting member if member cannot attend. 19. AGREEMEN-r ANIENDMENT PROCESS This Agreement may be amended cr modified by consent of all of the Governing Authorities representing the Parties. 20. AGREEMENT DATE This Agreement shall take effect as above dated. .This Agreement may be terminated by any Parties to the Agreement as listed on Exhibit "A" as to that Party.by serving written notice of termination on the County and after meeting its financial obligations under this Agreement. After the expiration of sixty (60) days from the giving of such notice, the Party so electing to withdraw shall cease to be a Party to this Agreement. Such termination shall not relieve said Party or other Party of any financial obligation assumed as part of this Agreement. The Party terminating shall not be responsible for any financial obligations assumed by the other Parties hereto subsequent to said termination. Similarly, it is understood that County has ownership of the System Backbone and certain backbone sites, as well as FCC licenses presently owned by the County, and upon any termination by any Parties to the Agreement, any and all right, title and interest in the System Backbone, those backbone sites and FCC licenses shall remain with the County. Should the County wish to withdraw, an orderly transition to remaining Parties must be affected. CONTRACMAGRCL.DOC J%I.skb 01/30/968:49 AAi Pap 17 1N WITNESS WHEREOF, the Parties hereto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE By -� Director of General Se ' es Agency Dated: 19—L6 Approved As to Form: County Counsel CONTRACT/iTAGREE.DOC lNi:skb 01130/96 9:49 ANI Page 18 CITY OF: Ar+r.�h�.; wx r Cite Clerk Dated: I-Q -�2 9 , 1a- Approved As To Form: City Attorney , lack L. White By U Lucius Lea Hoses. Asst. City Attorney CONTRAC ITAGREE_DOC ISIAb 0I/30/96 BA9 Aht Page 19 CITY OF: $ AT T: By: By: r City Clerk Dated: a>A2 , 19� Approved As To Form: City Attorney CONTRACTMAGREE-DOC J%I:skb 01/30/96 9:49 Ah1 Page 19 .. ... . ..... _ ............ .............. CITY OF: BUENA PARK ay: Patsy Marshall, Mayor ATTEST: _ 2n . City Clerk Dated: February 20 19 96 Approved As To Form: City Attorney CONTRACTIITAGREE.DOC JNI:skb 01/10196 8:49 ANI Page 19 CITY OF COSTA MESA e-,6� Joe 'ckson, Mayor ATTEST: Mary T. Ellicd, Deputy City Clerk DATED: January 15, 1996 Approved as to Form: law Thomas Kathe, City Attorney [Joint Agreement for 800 Megahertz System] CITY OF: CYPRESS By: Y Mayor By: ATTEST: City Clerk Dated: Fphrl7ary 19 , 19 91i Approved As To Form; City Attorney CONTRACTMAGREE.DOC 1.%1:skb 01/30/96 9:49 ANI Page 19 CITY OF: DANA POINT By: - KAREN LLOREDA, MAYOR ATTEST: —dL—� City Clerk SHARON L. WAITS Dated: IDS 19 Approved As To Form: City Attorney JEO PA ERSON CONTRACTI AGREE.DOC 1%1:skh 01f30N6 8.44 AM Page 19 CITY OF: FOUNTAI i VALLEY_ ._ A. .� jr') By: G orge B. Sc t, Mayor By: Vk �� fL' City rk � i Dated: G:6 , 19 Approved As To Form: City Attorney CONTRACr13TAGREE.00C iki skb 01/34/96 9:49 A%4 Page 19 CITY OF: FULLERTON By: ris or y, ayo By: ATTEST: City CI Dated: l , 19 !/ Approved As To Form: City Attomey <� i c CONTRACM-rAGREE.DOC JiLM 01/30/96 8:49 ANI Page 19 IN CITY OF: Garden Grove ATTEST:��,� B ayo y: � u�o City erk Dated: February 15 ^, 19-2L Approved As To Form: City Attorney CONTRACTMAGRFE.DOC JNI:skb 01l30196 8-49 AM Page 19 CITY OF: Hu6An _e ATTEST: By; /?,�-e� A OR E Svt/.,v4-V By: City Clerk Dated: Approved As To Form: City Attorney L J CONTRACT/JTAGREEDOC JM:skb 01/30/96 9:49 AM Page 19 CITY OF: IRV r N rZ , "MOOO W-4-e4 RPM NOW - By: o� Ci Clerl� Dated: Z" Approved As To Form: CONTRACT{JTAGREE.DOC Jhl:skb OV301958:44 AM Page 19 CITY OF: ATTEST: - BXLY• YI: d& m . it City Clerk Dated: I9 Approved As To Form: City Attorney Iv k CONTRACrIJTAGREEDOC )A1:skb 01/30/96 8:49 AM Page 19 CITY OF: LAGUNA HILL; By: Randal J. Bressette, Mayor ATTEST: City Clerk 14ry A..Carlson Dated: / , 1901 Approved As To Form: City Attorney Lois E. m!,� CONTRACT.7TAGREEAOC 1%13kb 01/30f95 6:49 Ah1 Paee 19 CITY OF: 16WW09 N/A/EL ATTEST: uty: .T�1 " By: L Dated:!9V , I9—Lf�3 Approved As To Form: City Atto J ey CONTRACT/ITAGREE.DOC Afiskb 01/30/96 8:49 AM Page 19 CITY OF: La Habra ATTEST: Jerry flankston, City Manager By: City Cleric Sharie Apodaca Dated: February 15 1 1 g 9b Approved As To Form: City Attorney Richard Jones coNCR4CTMAcPLEE,noc JNI:skb o 1130/96 8:a9 ANI Page 19 CITY OF: Lake Torest A T. By: By: Richard T. Dixon Mayor Cit ler Date'17I L(r� 19,L Approved As To Form: City Attorney CONTRACTATAGREE DOC 1M:skb 01/30/96 9:49 AM Page 19 k.d CITY OR LA PALMA By- Aiayor ATTEST: %&, ;., ", a"&.1 ity CIerI. Dated: February 6,1996 Approved As To Form: City Attorney V ' Page 19 L� CITY OF: Los Alamitos ATTEST: Lei` B v: By: City Clerk Dated: �Q . 12 19 L6 Approved As To Form: City Attorney CONTRACTMAGREEDOC JAI skb 01/30/96 9:49 AAi Paee 19 CITY OF: MISSION VIEJO S ri M. Butter field, Mayor By: ATTEST: city CI Dated: February 26 19 96 Approved As To Form: City Attorney . A a '04. CONTRACTIITAGREE.DOC J%I:Skb 01/30/96 8:49 AM Put 19 CITY OF: : r 4- gf'cr t �� ATTEST: '1 w By: By: 4"�1 � �V 11.�)�I� �� / �! �L �Ui..L/'Y„I� �' •`� r.�'4i �;•; � �:`iY••''3 City Clerk �} =• Dated: ��•, Iq .'' .fiS f._.��,�+' Approved As To Form: City Attorney l CONTRACT/1TACREE.DOC 1*i-skb 01/30/96 8:49 Aki Page 19 CITY OF: ORANGE ATT T: B Cassandra J. a cart. City Clerk Dated: , 19 Approved As To Form: City Attorney Robert 0. Franks CONTRACTIITAGREE.DOC J%I:skb 01/30/96 8:49 AM Page 19 L� CITY OF: Placentia By. Carol Downey, ayor By: ATTF t ' 'K City Clerk, Ecttuhd M. Ponce G Dated:_ February 20 I9 96 Approved As To Form: City Attorney CONTRACT/dTAGREEAOC )M:skb 01130/96 8:49 AM Page 19 CITY OF: San Clemente By: •, ayor Attest: .% i City C r'k Dated: Feb. 20 ig 96 Approved As To Form: City Attorney CONTRACT/JTAGREE-DOC Jkt:skb 01/30/96 8:49 Art Page 19 CITY OF: San Juan Capistrano ATTEST: By: U�m L4T Ityatt 6irt, Mayor 2/20/96 By: City Clerk - Dated: February 20, 1996 19 Approved As To Form: City Attorney S�- COTITRAC WTAGRCC.DOC JAt:skb 01!30196 6.49 AAI Page 19 CITY OF: SANTA ANA 4, +' , guel A. Pulido, Mayor �(ty berk Janice C. Guy Dated: 1—if— , 19 L G Approved As To Form: City Attorney Edward J."C6QYr roved as to coat- i City Manager CONTRAcTurnGRrr_.rnx Ja+ sLb 01130F)68:a9 AM Page 19 CITY OF: STANToN Dated: FPhrt»ry 13 , I9-u_ Approved As To Form: City Attome CONTRACT/JTAGREE.DOC J%I:skb 01/30/96 9.49 Ah1 Page 19 CITY OF: J--r, ATTEST: By By City C erk Dated: a' I 19- Approved As To Form: City Attorney CONTRACT/JTAGREE.DOC JtiLM 01/301968:49 ANt Page 19 CITY OF: VILLA PARK ATTEST: By: o*pn 5. barsa, Mayor LN t Clerk , J 0 Kaysene Mi 1 i er Dated•. February 27 , 19 96 Approved As To Form: City Attorney Leonard Hampel, Esq. C0NTRACT/ITA6RCE.DOC 1\t:skb 01130196 8:49 A%1 P28c 19 M CITY OF: WESTMINSTER ATTEST: By: Charles NE Smith, Mayor � By: a Bill Smith, City Manager City Clerk Dated: C '/� 7 , 1996 Approved As To Farm: CONTRACTIJTAGREE•.DOC JM:skb 01/30/96 8:49 ANI Page 19 MW CITY OF: YORBA LINDA ATTEST: City Clerk Dated • -f �� 19 2!z Approved As To Form: City Attorney CONTRACT/1TAGREE.DOC J%I:skb 01/30/96 9A9 Ah1 Pan 19 ORANGE COUNTY FIRE AUTHORITY By: n-y ` Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM By: Authority Counsel Dated: C � 1, 1 f c, EXHIBIT 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT: PARTICIPATING MUNICIrPALITIES, ORANGE COUNTY FIRE AUTHORITY, AND COUNTY OF ORANGE ..... ... . ...RSIaaNSIBLE . ........ ....... ... ... ......... i�: ...... . ..... ..... Ty; 3ADM1MS7RATORz .. .. ........ ...... .. p01m # Anaheim City Manager 200 S. Anaheim Blvd, ----7l4/25 510 0 P. 0. Box 3222 Anaheim, CA 92803 Brea City Manager I Civic Center Circle 714/9907600 'Brea, CA 92621-5758 Buena Park City Manager 6650 Beach Blvd. 714/562-3500 P. 0. Box 5009 Buena Park, CA 90622-5009 Costa Mesa City Manager 77 Fair Drive 714f754-5223 P. 0. Box 1200 Costa Mesa, CA 92629-1200 Cypress City Manager 5275 Orange Avenue 714/229-6700 P. 0. Box 609 Cypress, CA 90630 Dana Point City Manager 33282 Golden Lantern 714/248-9890 Dana Point, CA 92629 Fountain Valley City Manager 10200 Stater Avenue 714/9654400 Fountain Vally, CA92708 Fullerton City Manager 303 W. Commonwealth 714n38-6300 Fullerton, CA 92632 Garden Grove City Manager 11222 Acacia Parkway 714/741-5000 P. 0. Box 3070 Garden Grove, CA 92642 Huntington Beach City Administrator 2000 Main Street 714/536-5511 P. 0. Box 190 Huntington Beach, CA 92649 Irvine City Manager I Civic Center Plaza 7141724-6000 P. 0. Box 19575 Irvine, CA 92713 Laguna Beach City Manager 505 Forest Avenue 7141497-3311 Lacuna Beach, CA 92651 Laguna Hills City Manager 25201 Pasco de Alicia, Suite 150 714n07-2600 Laguna Hills, CA 92653 Laguna Miguel City Manager 27801 La Paz Road 714/362-4300 Lacuna Nip ,uel, CA 92656 La Habra City Manager 201 E. La Habra Blvd. 310/905-9700 P. 0. Box 337 La Habra, CA 90633-0337 951EX111111TILREV 1217/95 Page I of 3 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT: PARTICIPATING MUNICIPALITIES, ORANGE COUNTY FIRE AUTHORITY, AND COUNTY OF ORANGE ......................................:::::RESPONSIBLE 1TY_ ::::::':....::: ::::::::::.. ::::::'ADMINISTRATOR :::::: ....................,:.::::::::::::::.::::::::::::::::::::::: :::.. �:.:::::.:;:::. :: . ............... .... Lake Forest City Manager 23779 Mercury Road 714/707-5583 Lake Forest,CA 92630 La Palma City Manager 7822 Walker Street 7I4/523-7700 La Palma, CA 90623 Los Alamitos City Manager 3191 Katella Avenue 714/827-8670 Los Alamitos CA 90720 Mission Viejo City Manager 25909 Pala, Suite 150 714/470-3000 Mission Viejo CA 92691 Newport Beach City Manager 3300 Newport Blvd. 714/644-3309 P. 0. Box 1768 Newport Beach, CA 92658-8915 Orange City Manager 300 East Chapman 714f744-5500 P. O. Box a49 Orange, CA 92666 Placentia City Administrator 401 East Chapman 714/993-8231 PIacentia, CA 92670 San Clemente City Manager 100 Avenida Presidio 714/361-8200 San Clemente CA 92672 San Juan Capistrano City Manager 32400 Paseo Adelanto 714/493-1171 San Juan Capistrano, CA 92675 Santa Ana City Manager 20 Civic Center Plaza 714/647-5400 P. 0. Box 1988 M30 Santa Ana, CA 92702 Seal Beach City Manager 211 Eighth Street 714/828-8550 Seal Beach, CA 90740 Stanton City Manager 7800 Katella Avenue 714/379-9222 Stanton, CA 90680 Tustin City Manager 300 Centennial Way 714/573-3000 P. 0. Box 3539 Tustin, CA 92681 Villa Park City Manager 17855 Santiago Blvd. - 714/998-1500 Villa Park, CA 926674187 Westminster City Manager 8200 Westminster 714/898-3311 Westminster, CA 92683 Yorba Linda City Manager 4845 Casa Loma Avenue - 714/961-7100 P. 0. Box 87014 Yorba Linda, CA 92686-8714 951DONDITH.REv 121 M _ Page 2 of 3 L19 "qw M11BIT A 800 A111z COUNTYNVIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT: PARTICIEPAMG NfUNICIPALMES, ORANGE COUNqy FIRE AUTJ1OR]TY, AND COUNTY OF ORANGE . ... ..... ..... . ..... ....... .... ..... .. .. . ......... COu�vrY .... RESP0NS1B1X.,:-,,: . .... .... . ... .... .... .. ..... :';' ADDRESS Orange County Fire Director of Fire Services 190 South Water Street 714/289-7410 Authop:!y_ Orange, CA 92666 Director 14 Civic Center Plaza County of Orange General Services Agency First Floor 714/834-2114 1 Santa Ana, CA 927014047 1 95/ExIlIn1rILREV 12WI7195 Page 3 of 3 V EXHIBIT B 800 MHz CCCS PARTICIPATING AGENCIES Agency Law Enforcement Fire Department Public Works Lifeguard Anaheim x X x Brea X X X Buena Park X OCFA x Costa Mesa x x x cypress x OCFA x Dana Point SHERIFF OCFA Fountain Valley X X x Fullerton x X x Garden Grove x x x Huntington Beach x x X x Irvine X OCFA x La Habra X X x La Palma x OCFA x ` LagunaBeach x x x x Laguna Hills SHERIFF OCFA Laguna Niguel SHERIFF OCFA Lake Forest SHERIFF OCFA Los Alamitos X OCFA Mission Viejo SHERIFF OCFA Nmkport Beach x x x x Oran -Re x x x Placentia x OCFA x San Clemente SHERIFF OCFA X x San Juan Capistrano SHERIFF OCFA Santa Ana X x Seal Beach X OCFA Stanton SHERIFF OCFA x Tustin x OCFA x Villa Park SHERIFF OCFA Westminster x OCFA x Yorba Linda BREA PD OCFA x Central Net Fire Dispatch x North Net Fire Dis atch X Orange County Fire Authoritv x Animas Control x District Attornev x EMA X GSA/Communicatiolis x GSA/Facilities Operations x GSA/Transportation x Oranee County Marshal x Orange County Probation x Sheriff -Coroner X John Wa-,mc Airport x 951800\ RL747 S\I:skb 10126•195 r1blUSTED�-rfCOUNTYC��)RANGE EXHIBIT C COST Sifltit'131ftY LAW ENFORCEMENT ONLY (MDT & PW NOT Iiti PI tuncrn Eh H A RANDEQUIPMENT INFRASTRUCTURE SERVICES TOTAL PROJECTS TOTAL CITY/AGENCY $33,410,387 $22,724,028 $14,347.313 $70.481.728 $11,639,000 $82,120.728 CHEDULEA SCHEDULE C SCHEDULED Srrt: DEV. 2,714,283 1.797.282 1,447.916 5,959,482 5,959.482 BREA 1,110,185 639,313 515,039 2,264.536 2,264,536 BUENA PARK 633,155 1 391,690 315,711 1,340,757 1,340,757 COSTA IUIcSA 1,279,063 618,744 498,463 2,396,269 2,396,269 CYPRESS 599,763 259,960 209,422 1,069.145 1.069,145 DANA POINT 144,754 171,449 138.120 454,322 454,322 FOUNTAIN VALLEY 625,039 305.712 246,293 1,177,044 1.177.044 FULLERTON 975,858 653,756 526,682 2,156,296 2,156,296 DARDEN GROVE 1,192,122 820,557 661.051 2,673,729 2,673.729 HUNTINGTON BEACH 2,341,642 1.233.773 1,034,222 4,659,638 4,659,638 RVINE 1,162,827 769.266 619,731 2,551,825 2,551,825 LAGUNA BEACH 511,545 201,493 162.321 875,359 875,359 LAGUNA HILLS 131.198 120.479 97.059 348.735 348,735 LAGUNA NIGU3 162,010 243,558 196,220 601,787 601,787 LAKE FOREST 176.465 240,655 193,880 610,001 610,001 IAHABRA 616,651 299.354 241,165 1,157,170 1.157.170 IA PALMA 337,879 102,794 82.811 523,485 523,485 LOSALAMITOS 349,308 88,939 71.6.48 509,895 509,895 MISSION VIEJO 263,364 341,152 274,832 879,348 - 879.348 14EWPORTBEACH 1,421,351 629,607 507,228 2,558,186 2,558.186 ORANGE 1,277.791 738,884 595,257 2,611.932 2,611.932 PLACENTTA 427.384 241,439 194,506 863,328 863,328 I AN CLEMENTE 461.425 242.151 195,075 898,651 898.651 SAN JUAN CAPISTRANO 109,685 135.652 109,239 354,626 354.626 &WAANA 2,458,253 1,691,264 1,362,S12 5,512,029 5,51Z029 SEAL BEACH 429,238 165,480 134.125 729,843 729,843 STANTON 230,761 177.539 143.025 551,326 551,326 TUSTIl1 646,075 393.618 317,108 11356,801 11356,801 11LLA PARK 12,403 24,309 19,580 56,292 56,292 WESTM.INSTER 1,076.897 553,811 446.164 2,076,873 2.076.873 YORBA LINDA 475 0 0 475 475 CITY SUBTOTAL 23,877,849 14,344,883 11,556,452 49,779185 0 49.779,185 HERIFF 3,903,327 4.688,708 1,561.679 10,153,714 6.512,808 16.666.522 EIISTRICT ATTORNEY 848,615 738,794 246.065 1,833,674 1.026.190 2.859.864 h1ARSHAL 1,075,484 742,197 247,210 2,064,890 1,030,963 3,095,853 PROBATION 1,205,209 910,580 303,290 2.419,079 1,264,838 3.683.917 ANIMAL CONTROL 222,577 271,464 90,415 584,456 377.065 961.521 EMA 0 0 0 0 0 0 CISAICOMMUNICATIONS 1,735.083 700.973 233,476 2,669,532 -.973,687 3,643,218 JOHN WAYNE lJRPORT 542.044 326,429 108,726 977,199 453,433 1,430.632 CISA1FAC OPS 0 0 0 0 0 0 n'VMD ' 0 0 0 0 0 0 IRVINE RANCH WATER 0 0 0 0 0 0 00 SANITATION 0 0 0 0 0 0 EO COAST WATER 0 0 0 0 0 -0 4PARES 0 0 0 0 0 0 GSA/TRANS 0 0 0 0 0 0 VECTOR CONTROL 0 0 0 0 0 0 OTHER COUNTY COSTS 0 0 0 0 COUNTY SUBTOTA 9 532 538 8 379 145 2 790 -860 20,702543 11 638 983 32,341�526 TA ,4 2 '2 i4,3 3� 0 48 , . 3,9831 BT121Y72 0E!_ETED 2,500.000 WU,uuu u ,5,zuu,uuv 1,4uu,uu2a,auu,uuu 30,910,387 22.124,028 14,347,313 67,381,7441 10,233.9831 77,620,727 NAR: 20-Oct -95 EQUIP001 ANAHEIM BREA BUENA PARK COSTA MESA CYPRESS - DANA POINT FOUNTAIN VALLEY FULLERTON WREN GROVE HUNTINGTON BEACH ,IRVINE ' LAGUNA BEACH LAGUNA HILLS LAGUNA NIGUEL ! LAKE FOREST j LA HABRA LA PALMA LOS ALAM ITO S i MISSION VIEJO NEWPORT BEACH ORANGE PLACENTIA ,SAN CL EMENTE SAN JUAN CAPISTRANO SANTA ANA SEAL BEACH STANTON TUSTIN VILLA PARK WESTMINSTER YORBA LIINDA CITIES SUBTOTAL EXHIBIT D F,gnmATFn PAYMFNT SCHEDULE SUMMARY - MOTOROLA CONTRACT AND $6.1 MILLION ADJUSTMENT FY95/96 - FY96/97 FY97/98 FY98/99 FY99/2000 * TOTAL 623,425 1,534,828 2.547.828 .945,967 307,434 5,959,482 239,121 582,618 971,164 .356,754 114,879 2,264,536 140.893 345,133 674,069 212,051 68,611 1,340.757 255,979 615.716 1,031,654 373,930 118,990 2,396,269 115,032 274,493 461,408 165,839 52,37q 1,069,145 45,770 117,481 191,852 .74,249 24,970 454,322 125,645 3OZ464 .506,624 183,784 58,627 1,177,044 225,395 555,389 921.632 342,489 111,391 2,156,296 278,976 - 688,798 1,142.104 425,289 138,563 2,673,729 493,647 -1,198,392 2.000,516 732,113 .234,969 4,659,638 266,964 657,203 1,090,991 405,039 131.628 2,551,825 94,761 224,585 378,561 135,077 42,375 875,359 35,700 90,025 148,034 .56,304 18,672 348,735 . 59,786 155,840 252,986 99,368 33,808 601,787 60,920 157,881 256,869 100,339 33,992 610,001 123,585 297,340 498,152 180,607 57,486 1,157,170 57,573 134,063 227,613 79,683 24,553 - 523,485 56,649 130,430 222,478 76,921 23,418 509,895 88,113 227,514 370,689 144,286 48,745 879,348 274,854 656,895 1,103,504 397,279 125.652 2.558.186 275,728 672,016 1.120,044 411,575 132.569 2,611.932 91,279 222,085 370,404 135,866 . 43,694 863,328 95,482 231,046 386,193 140,858 45,074 898.651 35,633 91,726 149,626 58,069 19,572 354,626 575,140 1,419,987 2,354.529 876,733 285,639 5,512,029 79,086 187,230 315,736 112,528 .35,263 729,843 57,099 142,145 234,926 88,212 28,943 551,326 142.730 349,222 581.143 214,405 69,301 1,356,801 5,515 14,598 23,559 9,390 3,230 56,292 220.964 533.889 892,933 325,175 103,911 2,076,872 57 120 213 67 18 475 5,241,50i 12,811,153 21,328,036 7,860,2451 2,538,249 49,779,184 w rn 1vu - l u%5i 1vv COUNTY SUBTOTAL 3,216,304 5,048,902 10,275,056 2,010,9121 151,371 20,702,544 CITLES/COUNTY SUBTOTAL COUNTY DELETIONS TOTAL DEAR: 06-Dec-95 EQUIP007 PITY OF HUNTINGTON BEACr� MEETING DATE: FEBRUARY 20,1996 DEPARTMENT ID NUMBER: PD 96-003 Council/Agency Meeting Held: w Deferred/Continued to:� ppmved ❑ Conditionally Approved O Denied City Clerk's Sign re Council Meeting Date: FEBRUARY 20, 1996 Department ID Number: PD 96-003 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCI MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: R.E. LOWENBERG, Chief of Policep MICHAEL DOLDER, Fire Chief ROBERT FRANZ, Deputy City Administ RON HAGEN, Community Services Dir LES JONES, Public Works Director SUBJECT: 800 MHz Countywide Coordinated Communications System Joint Agreement Statement of Issue, Funding Source, Recommended Action. Alternative Action(s), Analysis, Environmental Status, Statement of Issue: The 800 MHz City Managers' Committee and the County have agreed to the updated 800 MHz Countywide Coordinated Communications System Joint Agreement. The agreement reflects changes in the language of Section 15 (Operating Costs) and Section 18 (Govemance Committee) of the Joint Agreement. These changes provide the city with additional management control of operational costs and the Govemance Committee membership. The Orange County Board of Supervisors approved the revised Joint Agreement on February 6, 1996. 80t7RCA.DOC -2- 02/08196 8:53 AM REQUEST FOR COUNCIL ACTION MEETING DATE: FEBRUARY 20, '1996 DEPARTMENT ID NUMBER: PD 96-003 Funding Source: General Fund Recommended Action: 1. Approve the 800 MHz Countywide Coordinated Communications System Joint agreement which reflects language changes recently approved by both the 800 MHz City Managers' Committee and the County. 2. Authorize the Mayor and City Clerk to execute the agreement. Alternative Actions : Disapprove participation in the 800 MHz Countywide Coordinated Communications System which would have adverse impact on Police/Fire,'Public Works communications capabilities and would pose significant public safety concerns. Analysis: On May 15, 1995 Council approved the 600 MHz Communications Law/Public Works/Fire, Joint Powers Agreement and authorized the Maycr and City Clerk to execute the agreement. The Joint Powers Agreement had established an estimated city cost of $4,759,747. Issues of finance, governance, and operating costs have required that a new agreement be developed which would not be a Joint Powers Agreement. The County has been unable to assume an additional 6.1 million in backbone costs and cannot justify the expense to the bankruptcy court. The County is spreading the 6.1 million in costs across the participating cities. The revised costs increased the City's portion by $579,065 for a project cost of $5,338,812. The project cost did not include MDT replacement equipment of $565,000. The revised grand total for the 800 MHz Countywide Coordinated Communications System is $5,903,813. The 800 MHz City Managers' Committee and the County have agreed to the updated Countywide Coordinated Communications System Joint Agreement. The agreement reflects changes in the language of Section 15 (Operating Costs) and Section 18 (Govemahce Committee) of the Joint Agreement. The language gives the Governance Committee budget control for operating expenses and capital improvement projects. The committee members consist of four city managers appointed by the Orange County City Managers' Association, Chief Executive Officer County of Orange, Sheriff -Coroner, and GSA Director County of Orange. These changes allow the cities to have majority control of the Governance Committee. This agreement culminates almost ten years of effort in evaluating the communications needs, designing a system to meet those needs, and a procurement process to replace the existing system. $00RCAMOC -3- 02/12/96 2:03 PM R�QUEST FOR COUNCIL ACTlatd MEETING DATE: FEBRUARY 20,1996 DEPARTMENT ID NUMBER: PD 96-003 The amount of financing is $83,120,727 which includes backbone radio transmission equipment and the individual law agency equipment. The cost for the city's portion of the backbone and law communication equipment is $4,659,638. Public Works and Lifeguard agency communications equipment is an additional $679,175; Fire Department replacement MDT equipment is an additional $175,000; Police Department replacement MDT equipment is an additional $390,000 for a total project cost of $5,903,813. The city had budgeted approximately 2.2 million which was in the Orange County bankruptcy fund. The recovered funds and interest are currently $1,971,888.16. A finance bond council has been hired for the project. Joint financing alternatives are forthcoming. It is anticipated that the financing package will be developed for ten years. Each city or agency can opt for a shorter financing period, partial financing, or to pay cash as some cities have indicated. It is urgent that the agreement be approved by the 31 City Councils so the system design will include all cities in the final design phase. Cities waiting later than March 1, 1996, may incur additional charges for re -engineering of the final design specifications. Environmental Status: Not applicable. Attachment(s): 800RCA.DOC 1. Updated 800 MHz CCCS Joint Agreement 2. County cost sheet for 800 MHz equipment dated February 2, 1996 3. Letter dated February 1, 1996 from Bob D'Amato, President OCCMA 4. Letter dated February 1, 1996 from Robert A. Griffith, Director General Services Agency, County of Orange 5. Letter dated January 26, 1996 from Robert A. Griffith, Director General Services Agency, County of Orange 6. Letter dated January 9, 1996 from Robert D'Amato, President OCCMA 7. 800 MHz CCCS Joint Agreement dated December 15, 1995 revised January 8, 1996 -i- 02/12/96 2:18 PM l R CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 22, 1995 Jim Murray O. C. MHz Project Manager 840 N. Eckloff Street Orange, CA 92668-1021 The City Council of the City of Huntington Beach at their Council meeting held May 15, 1995 approved the -Joint -Powers Agreement for the Orange County 800 Megahertz Communication System. Enclosed is the original agreement executed by the Mayor and City Clerk. Please send a copy of the agreement, after it is fully executed, to the Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648. If there are any questions please call the City Clerk's office at (714) 536-5227. Connie Brockway City Clerk Z�,� Evely" Schubert Deputy City Clerk Enclosure cc: Captain Gildea (TNophone: 7144364W) EVELYN SCHUBERI C DEPUTY CITY CLEM FAX (714) 374-1557 (714)536-5405 .Ga • 41. clel/-� (7 y A244 c� dm gorazy Ova) � - I 9a, JOINT POWERS AGREEMENT FOR THE ORANGE COUNTY 800 MEGAHERTZ COMMUNICATIONS SYST H This Joint Powers Agreement For The Oran County 800 Megahertz Communications System ("AgreemenVely, made this day of 1995 by and among the fopublic entities (collectively, the "members"); the signatos listed on the signature pages of this Agreement (collecthe "Cities") and the COUNTY OF ORANGE (the "County"). A. In accordance withytheerms of certain agreements by and among the County and the Cithe County currently operates a coordinated law enforcement/,c works/fire radio communications system (the "Existing CCCSS'"). B. The County�nd the Cities have determined that current law enforcement/pub is works/fire radio communication requirements indicate 'that th Existing CCCS must be replaced with an 800 Megahertz coor mated law enforcement/public works/fire radio communication system (the "800 MHz CCCS"). The County and Cities have also dq ermined that the public need for the 800 MHz CCCS is immediate 800 "HI JPA 3/23/95 1. yr� C. Cities and County have further determined that the most appropriate and expeditious method to achieve their goals with respect to the. purchase, financing, administration, technical ' operation and related matters of the 800 MHz CCCS is the creation of a joint power entity. D. Each member is a public agency as defined by Government Code Section 6500 et. seq. and is authorized and empowered to contract for the joint exercise of powers common to each member. E. The members now wish to jointly exercise their powers to provide for financing, purchase, maintenance support, technical operation, implementation, training of and for an 800 MHz CCCS and related and incidental services, including but not limited to, creation, development, ownership and operation of programs, facilities, and funds therefor through the establishment of the "Orange County 600 MHz CCCS" (the "Authority"). F. The members hereby acknowledge that operation and control of the 800 MHz CCCS is licensed by the Federal Communications Commission ("FCC") to the County and shall remain with.the County at all times. NOW, THEREFORE, the members agree as follows: 000 Hws JPA 3/23/95 2. IN WITNESS THEREOF, the parties hereto have Caused this Agreement to be executed and attested by their duty authorized - officers as of the date first above written. Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD erk of the Board of Supery County of Orange, Californ APPROVED AS TO FORM.* TERRY C. NDRUS"/CO COUNSEL BY v f l Dated: COUNTY OF 0 subdivision of Californ Zr a political the State By Cha}' an of its Board o Sudervisors NOTICE TO COUNTY OF ORANGE TO BE GIVEN TO: COUNTY EXECUTIVE OFFICER P.O. BOX 22014 SANTA ANA, CA 92702--2014 FAX: (714) 834-3018 800 MHz JPA 3/73/95 31. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the SSW day of 2tku , 1995. / l/ - Caanie Brockwayv fits• miler;: Mayor pw / BY: r 1�'�! = APPROVED AS TO F RM: Deputy Cit Clerk •,/lr�,/�s- r%r - -� �' L AP VED �. 'City AttorneyIII TED D APP D ZE Adminis r t -►e ief f Policgr ,ire Chief 15f5:s� //! 4110JO/Z EXHIBIT A ASSETS TO BE LEASED � FROM THE 800 MHz COUNTYWIDE COORDINATED CO�A4UMCATIONS SYS EM JOINT POWERS AUTHORITY i O THE COUNTY 1. Backbone equipment purchased from Motorola Communications and e'ctronics, Inc., by the 800 MHz CCCS Joint Powers Authority to support the coordinate system. Equipment purchased by Individual County and City agencies/departments to dpport field operations and dispatch operations is not included in leaseback to County. 2. Radio sites constructed for the purpose of supporting 800 CCCS. Page 1 of 2 page 2 EXHIBIT A ASSETS TO BE LEASED FROM THE COUNTY TO THE 800 MHz COUNTYWIDE COORDINATED COMMUIIICATIONS SYSTEM JOINT POWERS AUTHORITY 1. Portion of Loma Ridge facility, tower structure, radio equipment and property that supports the 800 MHz CCCS project. 2. Portion of existing remote sites supporting 800 MHz Coordinated Communications System including buildings, towers, and generators at the following sites: • Olinda • Santiago • Sierra • Signal • Bolero • San Clemente (lease site) 3. Portion of digital microwave system supporting 800 MHz CCCS. 4. Portion of 800 MHz Fire Services backbone that will be integrated with ,new 800 M1iz CCCS. 5. Current radio infrastructure equipment that will be used to support 800 MHz radio functionality. . Page 2 of -2 Anaheim Brea Buena Park Costa Mesa Cypress Dana Point Fountain Valley Fullerton Garden Grove Huntington Beach Irvine Laguna Beach Laguna Hills Laguna Niguel Lake Forest La Habra La. Palma Los Alamitos Mission Viejo Newport Beach Orange Placentia San Clemente San Juan Capistrano Santa Ana Seal Beach Stanton Tustin Villa Park Westminster Yorba tanda City Total County of Orang /Total Total Exhibit B Percentage Interest Contribution" 8.12% 3.32 1.89 3.83 1.60 0.43 1.87 2.92 3.57 7.01 3.48 1.53 0.39 0.52 /.85 0011.79 .01 .04 4.25 3.83 1.28 1.38 0.33 7.36 1.28 0.69 1.93 0.04 3.22 0.00 71.47% 28.53% 100.00% (a) Parcentage Interest canrributl Is cal arlaled based upon each members' equipment purchases divided by total e76ipment purchases. Page 1 of 4 " EXHIBIT B CONTRACT PARTICIPANTS RESPONSIBLE CITY ADMINISTRATOR ADDRESS PHONE # Anaheim City Manager 200 S. Anaheim Blvd. 714/254-5 l 00 P. O. Box 3222 Anaheim, CA 92803 Brea City Manager 1 Civic Center Circle 714/990-7600 Brea, CA 92621-5758 Buena Park City Manager 6650 Beach Blvd. 714/562-3500 P. O. Box 5009 - Buena Park, CA 90622-5009 Costa Mesa City Manager 77 Fair Drive 714/754-5223 P. O. Box 1200 Costa Mesa, CA 92628-1200 Cypress City Manager 5275 Orange Avenue 714/229-6700 P. O. Box 609 Cypress, CA 90630 Dana Point City Manager 33282 Golden Lantern 714/248-9890 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater Avenue 714/965-4400 Fountain Valley, CA 92708 Fullerton City Manager 303 W. Commonwealth 714/738-6300 Fullerton, CA 92632 Garden Grove City Manager 11391 Acacia Parkway 714/741-5000 P. O. Box 3070 Garden Grove, CA 92642 Huntington Beach City Administrator 2000 Main Street 714/536-5511 P. O. Box 190 Huntin on Beaft CA 92648 Irvine City Manager 1 Civic Center Plaza 714/724-6000 P. O. Box 19575 - Irvine, CA 92713 Laguna Beach City Manager 505 Forest Avenue 714/497-3311 Lag2na Beacb, CA 92651 ' Laguna Hills City Manager 25201 Paseo de Alicia, Suite 150 714/707-2600 Laguna Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 714/362-4300 Lag2na Nipuel, CA 92656 La Habra City Manager 201 E. La Habra Blvd. 310/905-9700 P. O. Box 337 La Habra, CA 90633-0337 Pas, ! or 3 A.h 3,7015 Page 2 of 4 EXHIBIT B CONTRACT PARTICIPANTS RESPONSIBLE - CITY ADMINISTRATOR ADDRESS HONE # Lake Forest City Manager 23778 Mercury Road /114/707-5583 Lake Forest, CA 92630 La Palma City Manager 7822 Walker Street 714/523-7700 La Palma, CA 90623 Los Alamitos City Manager 3191 Katella Avenue 7I4/827-8670 Los Alamitos CA 90720 Mission Viejo City Manager 25909 Pala, Suite 15017141470-3000 Mission Viejo, CA 92691 Newport Beach City Manager 3300 Newport Blvd. 714/644-3309 Newport Beach, 92663 P. 0. Box 176$ Newport Beack CA 92658-8915 Orange City Manager 300 East Chapman 7I4/744-5500 P. 0. Box,/449 Orange rCA 92666 Placentia City Administrator 401 5i" t Chapman 714/993-8231 Placentia, CA 92670 San Clemente City Manager 100 Avenida Presidio 714/361-8200 San Clemente, CA 92672 San Juan Capistrano City Manager 32400 Pas Adelant0 714/493-1171 San Juan Capistrano, CA 92675 Santa Ana City Manager 20 Civic Center Plaza 714/647-5400 Santa Ana, CA 92701 P. 0. Box 1988 M30 Santa Ana, CA 92702 Seal Beach City Manager/ 211 Eighth Street 714/828-9550 Scat Beach, CA 90740 Stanton City Manager 7800 Katella Avenue 714/379-9222 Stanton, CA 90680 Tustin Ciry Manager 300 Centennial Way 714/573-3000 P. 0. Box 3539 / Tustin, CA 92681 Villa Park City 4anager 171855 Santiago Blvd. 714/998-1500 Villa Park, CA 926674187 Westminster City Manager 8200 Westminster 7141898-3311 Westminster, CA 92683 Yorba Linda City Manager 4845 Casa Loma Avenue 714/961-7100 P. 0_ Box 87014 Yorba Linda, CA 92686-8714 EM1131TH-REV / Page 2 or 3 skb 3'2095 Page 3 of 4 EXHIBIT B CONTRACT PARTICIPANTS RESPONSIBLE COUNTY ADMINISTRATOR ADDRESS PHONE # Hall of Administration County of Orange Board of Supervisors 10 Civic Center Plaza 714/834-3100 Santa Ana, CA 92701 Mill3MISEV Page 3 of 3 skb 3.1095 Page.4 of 4 AGREEMENT ARTICLE 1. POWERS AND PURPOSES 1. Anthori ty Created. The Authority is f Agreement pursuant to the provisions of Article I/Chapter.5, Division 7, Title 1 (commencing with Section b500)'of the Govern- ment Code of the State of California. The Authority shall be a public -entity separate from the parties hereto and, except as f otherwise provided herein, -its debts, liabilities and obligations shall not be the debts, liabilities and obligations of its members. 2. J�Ijirpnna of ths_Agr _ -men ; Cnmmon,Powers tobp rzerrined. Each member individually has the statutory ability to provide law enforcement/public works/fire radio communisations services and related and incidental services as well as providing facilities and personnel for such services./The purpose of this Agreement is to jointly exercise in a coordinated fashion the foregoing common powers in the manner set/forth herein. 3. formed as i The Authority shall be such later date as agreed to in writing by all/the members ( the "Ef fective Date" ), provided that the Authority has met the insurance requirements set forth in Article VI, Paragraph 4(d) below. 600 HHL JPA//23/195 3. 4. PQia=. Pursuant to .and to the extent required by Government Code Section 6509, the Authority shall be restricted in - the exercise of its powers in the same manner as is a'general law city. The Authority shall have the power to do any of the following in its own name: (a) To exercise the common powers of its members in the selection, purchase and financing .of .the 800 MHz CCCS. The Authority -shall also have the power to authorize -and implement any and all necessary and/or appropriate support for the 800 MHz CCCS. (b) To deposit and hold funds for the 800 MHz CCCS. (c) To establish a collateralization of revenue inter- cept option for assuring financing of the 800 MHz CCCS. (d) To establish a cost allocation method for equitably allocating 800 MHz CCCS costs and expenses -to all City/County-.members participating in the system. To establish a payment schedule that assures up- front capitalization by City members and County payments at end of system implementation. To establish a master agreement/sublease agreement that individually includes each.member's equipment, financial commitment, and payment plan with respect to the 800 MHz CCCS. 900 KH: JPA 3l23t95 4. (g) To establish financing mechanisms for the 800 MHz CCCS. (h) To coordinate and negotiate with the County regard ing the County's acquisition and construct'dn of radio transmission sites (towers and buildi gs) for the 800 MHz CCCS. (i) To accept assignment by the County o contract(s) of purchase for the 800 MHz CCCS b/efween the County and Motorola and establish a m dhanism to pay all 1 invoices f the 8007Hz C Motorola c or e / M CCCS as due and to establish an appropri 'te mechanism for the for and distributi �i Of inventory inventory a n tort' for the 800 Milz CCCS. (j) To make and enter i Ztocontracts including con- tracts with its me. ers . (k) To purchase, ac4uire, lease, sublease, hold and dispose of equipment. (1) To incur de s, liabilities, or obligations, pro- vided that/all.bonded indebtedness, or other long term deb financing, and all long term lease or sublease obligations incurred in connection with the/issuance of certificates of participation or otherwise shall require the prior consent of the members as set out in Article IV hereof. (m)/ To sue and be sued in its own name. $00 HHL JF//23/95 5. ( n ) To negotiate, - enter into -and use ( subject to the provisions of Article IV hereof) any and all fi- nancing mechanisms available including, but not limited to, pledges and granting of security inter- ests in and 'to real and personal- property of the Authority's. (o) - To support the operation; maintenance, -repair, and management of new or existing facilities or por- tions of facilities, essential to the development and implementation of the 800 MHz CCCS. (p) .To purchase insurance or to self insure and to contract for -risk management services. (q) To exercise such additional powers as otherwise permitted under the Joint Exercise of Po;iers statutes (Articles 1 through d, commencing with Section 6500, of Chapter 51 Division 71 Title 1 of the Government Code, as amended) and which are necessary or appropriate to the accomplishment of the purposes of -this Agreement. 5. Prohibition Against -Taxes. In no event shall the Authority have the power to implement, levy or institute any tax or taxes. 800 MHs JAA 3/23/95 6. ARTICLE II. ORGANIZATION 1. The members of the Authority shall be he original parties hereto which have not withdrawn from the Au hori- ty.-and such other cities and -public entities as may join the Authority with the approval of the members after execution of'this Agreement. New members may join on the terms and gbnditions set out in Article VII hereof. 2. Designation of Directors. Before?the Effective Date, each member by resolution of its governing body shall designate and select one representative to act as itsfdirector on the Authority Board of Directors (the "Board"), except the County who dhall have two (2) representatives to act asits directors: (i) the elected Sheriff (or his selected representative) and (ii) one other representative selected by t he'Board of Supervisors. Except for the Sheriff who shall be a�permanent director of the Board, each director shall hold officte from the first meeting of the Board after selection by the ember's governing body for a term of four term as determined under Paragraph 4 a (4) years or for a lesser to{ ) of Article II, or until the selection of a successor by the appointing body. Each member shall also select an alternate to act in each director's absence. Except for the Sheriff's alternate who shall be selected by the Sheriff, each alternate shall, be selected by the governing board of the member. Except for the Sheriff who 800 mot JP 3/23/9S 7• shall be a permanent director of the Board, each director and alternate shall serve at the pleasure of his or her selecting body - and may be removed at any time, with or without cause, at the sole discretion of that appointing body. Any vacancy shall be filled in the same manner as the original selection of a director and/or alternate. No director or alternate will receive compensation from the Authority for his or her services. With approval of the Board, a director or alternate may. be reimbursed for reasonable expenses incurred in the conduct of the business of the Authority. 3. Principal office. The principal office of the Authority shall be the Orange County Chief Executive Officer's headquarters or as may -be otherwise designated by the Authority from time, to time. 4. Meetings. ; (a) The first and organizational meeting of the Authority shall be held at its principal office on the Effective Date. At that meeting, the Board may determine whether to adopt a rotation system of two (2) and four ,(4) year terms to provide for increased continuity on the Board and shall classify themselves into any groups selected. (b) The Board shall meet at the principal office of the Authority or at such other place as may be designated by the Board. The time and place of the regular meetings of 400 HUE JPA 3/23/95 8• the Board shall be determined by resolution adopted by the Board, and a copy -of such resolution shall be furnished to each party hereto; provided that the Board shall have at least one regular meeting during each fiscal year. All Board meetings, including regtfeaiar, adjourned and special meetings, shall be called Noticed and held in accordance with the Ralph M./Brown Act, Section 54950, et seq. of the Government Code ( the "Brown Act") as it may be amended from time to"time. 5. orum,yatina. A majority of/the total number of directors shall constitute a quorum /fdr the purpose of the transaction of business relating to 'the Authority. Each director, or alternate in- the absence of any/voting director, -shall be entitled to one vote except for the two representatives for the County, each of whom shall be ent3.tl.ed to six ( 6 ) votes so that the County as a whole shall have welve (12) votes. Unless otherwise provided herein, a vote of a majority of the votes cast by those present and qualified to Note shall be sufficient for the adoption of any motion, resolution or order and to take any other action deemed appropriate a carry forward the objectives of the Authori- ty. 6. At its first meeting, the Board shall elect/from among its members an Executive Committee of seven ( 7 ) members, two of which shall be the same representatives for the 800 MHz JVfK 3/23/95 9 rW County described above in Paragraph 2 of this Article II, and shall designate the functions to be performed by the Executive Committee, as allowed by. law. _ Notwithstanding the weighted vote granted to the County's.representatives under Article II, Paragraph 5 above, for purposes of -.voting on Executive Committee matters only, each member of.the Executive Committee shall be entitled to one vote. 7. 12fficers. At its first meeting, the Board shall elect from among its members a chair and vice -chair and thereafter at the first meeting in each succeeding fiscal year the Board shall elect or re-elect a chair and vice -chair. In the event that the chair or vice -chair ceases to be a director, the resulting vacancy shall be filled in the same manner at the next regular meeting of .the Board held after such vacancy occurs. In the absence or inability of the chair to act, the vice -chair shall act as chair. The chair, -or in his or her absence the vice -chair, shall preside at and conduct .all meetings of the Board. The Board shall appoint a secretary to the Authority who may be a member of the Board or an employee of a member. The chair, vice -chair -and secretary each shall hold office for a period of one (1) year. S. Hinlites. The secretary of the Authority shall provide notice of, prepare and post agendas for and keep minutes of regular, adjourned regular, special meetingsof the Board and meetings of the Executive Committee and shall cause a copy of.such minutes to. be .forwarded to each director. The secretary will $00 MHz JFA 3/23/95 10. otherwise perform the duties necessary to ensure compliance with the Brown Act and other applicable rules or regulations. / 9. $ulen. The Board may adopt from time to time such bylaws, rules and regulations for the conduct of affairs that are not in conflict with this Agreement, as it .,,nay deem necessary. 10. Fiscal Year. The Authority's fiscal year shall commence on July 1 of 'each year, or in the ye r of its formation, the h following June 30. Effective Date, to and including t e g 11. h2sent of Members. The assent or approval of a member in any matter requiring the appro a1 of the governing•body of the member shall be evidenced by a certified copy of the resolution of the governing body filed with the Authority. 12. CommitteeS. T 'e Board may establish standing or ad hoc committees or subcommit ees composed of Board members, staff and/or the public to make re ommendations on specific matters. (a/icer rsuant to Government Code Sections 6505.5 and 6505.6, the shall appoint an officer or employee of the Board, an oor employee of a member public agency or a certified paccountant to hold the offices of treasurer and auditor fo the Authority. Such person or persons shall possess the 800 HHx JPV3/23/95 11. powers of and shall perform the treasurer and auditor functions for the Authority required by Government Code Sections .6505, 6505.51 and 6505.6, including any subsequent amendments thereto. Pursuant to Government Code Section 6505.11 the secretary and.the auditor and treasurer shall have charge of certain property of the Authority. The treasurer and auditor shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. .The treasurer, auditor and secretary shall be required to file an official bond with the Board in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of the Authority. (b) The Board shall appoint general counsel and special counsel to the Authority to serve as necessary. (c) The Board may contract with a member to provide necessary administrative services to the Authority as appropriate. Any administrative duties also may rotate from year to year. 800 HHz JPA 3/23/95 12. ARTICLE III. , TRANSFER OF EXISTINGS CCCS OPERATIONS 1.Transfer, Assianment or Lease -of --County Angnt-A mncf Liabi l i t; eS. As of the Effective Da6, the County shall transfer, assign, or lease to the Authority/,such tangible and intangible assets and liabilities, if any, and s hall receive such monetary credit, if any, for such transfer nd assignment (the "Asset Transfer"), as are'more particularly set forth in Exhibit "A" attached hereto and incorporated herein. 2. Authority Assumption/ of Liahil v. In further consideration for the Asset Transfer, the Authority shall assume responsibility for any and all loss, litigation, liability, injury, damage, claim, demand, and tor t or workers compensation incidents that occur on or after the E Date. The. County shall retain responsibility and liabili y for any and all such incidents that occur prior to the Effective Date and 'shall retain all risk management reserves that have been set aside for such prior incidents. 1. meeting of 800 MHz JPA ARTICLE IV. )F 800 MHz CCCS OPERATIONS Within sixty (60) days after the first general budget for the first fiscal year 13. M shall be adopted by the.vote of a majority of the votes cast at a meeting of the Board. The initial budget 'and each succeeding budget shall include, but not be limited to, the following: •(a) the general administrative expenses, debt, loan and financing costs and expenses, operating expenses and necessary reserves of the Authority to -be incurred during the period covered by the budget; and (b) the allocation.of costs among the members of the Authority in the amounts necessary to cover the budget items set out in 1(a) above. Thereafter, at or prior to the last meeting of the Board for each fiscal year, a general budget shall be adopted for the ensuing fiscal year or years by a vote of at least a majority of the .votes cast at a meeting of the Board. An.annual year end written budget performance report shall be presented - by the treasurer and/or - auditor - (selected under Article 11, Paragraph 13, of this Agreement) to the Board... 2. Expenditures for the Appr ved Budgete All expenditures within the. designations and limitations of the approved general budget shall be made on the authorization of the Board for general budget expenditures without further action. No expenditures in excess of those budgeted shall be made without the approval of a majority of the votes cast at a meeting of the Board. 3. cantributions. Attached hereto as Exhibit "B" and incorporated herein is a list .of all of the members of the Authority with their respective percentage interest contribution responsibility for the Authority's annual budget. Also set forth 600 rxz JPA 3/23/95 14. in Exhibit "B" is the formula used by the Authority to determine l each member's percentage contribution. / ( a ) Payments (1) Billing. As part of its annual budget process, the Authority shall determine, prepare and send balls to members for amounts owing from its members. The Authori y may also from time to time determine, prepare and send billb to members for any f other amount due from the members to the Authority, including, but t not limited to, amounts due the Authority under any lease or sublease between the Authority and amber or members. Such amounts are due and payable within sixty (60) days of receipt of a billing therefor. (2) pri2 nsltion 172 Funds, The County receives certain monies pursuant to the provisions of Proposition 172 (Govt. Code Sec. 30051 et seq.) ("Prop. 172 Funds") for some of the Authority's members, including the County. In the event that a 1 member receiving Prop. 172 Funds fails to timely pay any bill it receives from the Authority including, but not limited to any bill pursuant to Paragraph%3(a)(1) above or any bill for amounts due the Authority under any/lease or sublease between the Authority and said member, then said defaulting member hereby directs and instructs the County to pay to the Authority such Prop. 172 Funds held by the County on its behalf, if any, in an amount up to and including the amount of said bill or said lease or sublease payment, as applicable. In the event the defaulting member is the County, the Authority shall make demand on the County and the County shall pay to the Authority such Prop. 172 Funds held by the County'in an amount up to and including the amount of said bill or 800 HNs JFA 3/23/95 15• said lease or sublease payment as applicable. Each member agrees to promptly execute and deliver to the Authority such additional documentation in reasonable form as may be necessary or appropriate to further carry out and implement the intent and goals of this Paragraph 3(a)(2).. (b) Failure to pay_. • In the event'any member fails -to timely make any payment due under this Agreement or under any lease or sublease entered into with the -Authority, said member shall 'be in default under this Agreement if said failure continues uncured for thirty (30) days after receiving written notice from the Authority specifying said unpaid amount. In the event -a member'is in default .under this Agreement -(the "defaulted member") said defaulted member's right to -vote under this Agreement shall be suspended until said default is cured or remediated. Notwithstand- ing the foregoing, a defaulted member shall remain liable for all of its obligations under this.Agreement and any such lease or sublease and.to the Authority, including, but not limited to its' proportional share of any indebtedness of the Authority. Nothing. in this paragraph shall be construed as the -Authority's exclusive remedy. for the remediation of defaults by -its members and the - Authority reserves the right to pursue any and all available rights and remedies at law or in equity. a. Apr val of Bonded_ nde tedness. Prior to.any Authority resolution authorizing the issuance of any bonded indebtedness, each member shall approve. any bonded indebtedness to be incurred by the Authority. Any withdrawing member under Article -VII shall _ k. . 800 ANL JPA 3/23/95 16. . remain responsible for payment (as provided in said Article VII ) of its proportional share of any bonded indebtedness it has approved. As used herein, "bonued indebtedness" does not include short --term tax anticipation notes with a one-year (or shorter) term which/t"he Authority may authorize by a majority vote of all of the directors of the Board. ARTICLE V. ' ACCOUNTING AND AUDITS 1. ArCnuntinq-Procedures. Full books and accounts shall be maintained for the Authority in accordance with practices estab- lished by, or consistent with, those utiliz/ by the Controller of the State of California for like public ntities. In particular, the Authority's auditor and treasurer hall comply strictly with requirements governing joint powers agencies, Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500). 2. Audit. The records and accounts of the Authority shall be audited annually by an l dependent certified public accountant and copies of the audited financial reports, with the opinion of the independent certified public accountant, shall be filed with the County -Auditor, the State Controller and each member within four - (a) months of, the end of the fiscal year under examination. $00 nxs JPA 3/23/95 17• ARTICLE VI.. r PROPERTY RIGHTS 1. P,njpst Facilities and pr0nert.X• .- On and after- the Effective Date, all real and personal property, including but not limited to, facilities constructed, installed, acquired or leased by the Authority, apparatus and equipment, 'personnel and other records and any and all -reserve funds shall be held in the name of the Authority for the benefit of the members of the Authority in accordance•with the terms of this Agreement. 2. Disposition ofAssets-Upon Jerminatin The Authority may vote to.terminate this Agreement, or termination will -occur if only one member is left in the Authority. in this regard, if a majority of the total number of.votes of the members vote to terminate the Authority, a similar vote shall -then be taken to determine the party (which may be a non-member) to oversee the disposition and winding up of the business, assets and liabilities of the Authority. If termination occurs, all surplus money and property of the Authority shall be conveyed or -distributed to each member in proportion to all funds provided to the Authority by that member on behalf of that member during its membership. Each member shall execute any instruments of conveyance necessary to effectuate such distribution or transfer. Notwithstanding the foregoing, the Authority may not terminate or dissolve without providing for the transfer, assignment, satisfaction or other disposition of all of its obligations under any leases or subleases entered into in connection with financing the 800 MHz CCCS. 800 MHz JPA 3/21/95 18. 3. Except as otherwise provided herein, the debts, liabilities and obligations of the Authority shall be the - debts, liabilities or obligations of the Authority alone and not of the parties of this Agreement. 4. Indemnification and Insuranre. i (a) From and after the Effective *Date,, Ahe Authority shall defend, indemnify and hold harmless each ofithe members and their respective officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation r or liability and all expenses and costs relating thereto (including r attorneys' fees) arising out of or in,/any way related to the performance'of services by the Authority pursuant to this Agree- . , r ment. i ,l (b) From and after the Effective Date, the Authority J shall defend, indemnify and hold harmless each of the members and their respective officers, 4loyees, agents and representatives with respect to any loss, d,age, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys' fees) arising out of or in any way related to any contract or agreement/assumed by or otherwise transferred to the Authority. (c) FICdemnify /mand after the Effective Date, the Authority defend, shall'and hold harmless each member and their respective of icers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or 800 lmz jPA 3/23/95 19 • liability and all -expenses and costs relating thereto (including attorneys' fees) arising out of .or in any way related to any asset - transferred to and accepted by the Authority, -.including but not limited to real property, personal property,- equipment and apparatus. (d) From and after the Effective 'Date.. the Authority shall maintain during the term of this Agreement, workers compensa- tion insurance as required by law and, in addition, general comprehensive liability insurance in _the minimum limit of $5,000,000 .combined single limit per occurrence and annual aggregate. Each of the Authority members shall.be named as an additional insured on the general comprehensive liability policy. Alternatively, the Authority may self -insure. Prior to the Effective Date, the Authority shall provide the County with certificates of insurance or proof -of self insurance evidencing the coverage referred to in this Paragraph 4(d). Such insurance is a condition precedent to performance under this Agreement, and until - the Authority obtains insurance as provided for in this Paragraph 4(d), performance under this Agreement is excused and no member shall have any right against any other member in equity or law. (e) Notwithstanding Article VI, Paragraph 4, the members agree that no immunity available to the members under state or federal law or regulation shall be waived with respect to any third party claim. $00 MHz JPA 3/23/95 20. • .• e • 1 = -,jTAR Ole 1 (a) Ownership of the 800 MHz CCCS shall remain in Authority as specified in Article VI, Paragraph 1. Authority shall lease the 800 MHz CCCS to County and provide access to the f. 800 MHz CCCS as is necessary for County to perform its obligations hereof (the "Lease..). (b) Responsihi 1 ity Df County. With respect to the 800 MHz CCCS, County shall: (1) manage and perform the,day-to-day administra- tive and technical operations of the 800 MHz 1 CCCS, including but'not limited to, operating and maintaining the 800 MHz CCCS and assuring compliance with the Communications Act of 1934, as amene-ed (the "Communications Act") and all state or local rules, regulations and policies of other governmental agencies with authority over the County and/or the 800 MHz / CCCS ; as such laws, rules, regulations and pol.zcies are in effect from time to time; (2) f u�ifill all duties and obligations of an FCC / licensee; (3/) exercise all reasonable efforts to keep in 1 full force and effect its FCC licenses and not take any action, or permit any action to be taken, that would effect a transfer of control of such FCC licenses; 000 MHz JPA 3/23/95 21. (4) prepare [,at the Authority's expense,] and file with the FCC appropriate license renewal - applications and such other reports, documents and filings (including but not limited to any requests for extension of time) as may be necessary from time to time to keep the FCC licenses in full force and effect for opera- tion of the 800 MHz CCCS; (5) take all reasonable measures to ensure that the 800 MHz CCCS is operated in a safe manner and maintain such facilities and equipment at a level of efficiency and quality equal to, or in excess of, industry standards, government regulations and sound business practice; (6) hire and supervise such employees as are necessary for the fulfillment of its responsi- bilities hereof; (7) refrain from taking any action, or agreeing to take any action, that would jeopardize or hinder the provision of services over the 800 MHz CCCS; (8) not enter into any agreement or arrangement with a third party that conflicts with Authority's rights hereof; (9) not pledge, create, or suffer any lien, mort- gage or otherwise encumber the 800 MHz CCCS, nor permit any such encumbrances to attach to the 800 MHz CCCS; and 800 KRZ JPA 3/23/95 22. (10) keep Authority fully 'informed on a timely basis of material events relating to the 800 MHz CCCS, including without limitation, main- tenance, quality control and outage rep ts; FCC orders; and directives and correspondence with suppliers of the 800 MHz CCCS/and compo- nents thereof. ' (e) ResponsihilitX of -Loth rite With respect to the 800 MHz CCCS, Authority shall: (1) fully cooperate with County and provide (at no charge to County] such assistance as may be reasonably required, /to enable County to fulfill its obligations hereof. In particu- lar, Authority shall cooperate with the County in furnishing any information which may be requested by V6 FCC in connection with the operation of/the 800 MHz CCCS; (2) be responsible for the payment to County of all expenses incurred internally by County in the performance of its management obligations her 6f, including but not limited to, reim- Bement for the reasonable costs of opera- ,tion, repair and maintenance of the 800 MHz CCCS, the expenses of filing applications and reports with the FCC and other government agencies and the payment of charges by third parties for services and equipment relating to the. 800 MHz CCCS. Authority shall remit 800 MHz JPA 3/21/95 23. 800 MHz JPA 3123>95 payment to County or to such third parties, as the. case may be, within thirty (30) days of the presentation of invoices by the County; :(3) take reasonable measures to ensure that all of the.800 MHz CCCS.equipment is in good operat- ing condition and repair at all times; (4) take reasonable measures to protect the physi- cal security of the 800 MHz CCCS; (5) not enter into any agreement or arrangement with a third party that conflicts with County's rights hereof; (6) pay all excise, sales, use, property or other similar taxes and fees that may be levied by a governmental authority on the 800 MHz CCCS or on the services rendered to Authority via the 800 MHz CCCS; and (7)_ fully inform County on a timely basis of the service capacity and industry standard quality requirements with respect to the 800 MHz CCCS. Miscellaneous (1) Term of J,Pase of aOO MHz CCCS. The Lease shall commence on the Effective Date of this Agreement as defined in Article I, Paragraph 3 and shall continue, subject to the termination provisions of Article VI, Paragraph (5)(d)(2), for a period of (5) years (the "Initial Term"). The Lease shall continue thereafter on a year -by -year, basis upon terms to be 24. agreed upon by Authority and County and sub- ject to each party's right to terminate the Lease under Article VI, Paragraph (5)(d)(2). (2)' Termination. The Lease may be terminated by Authority or County at any time upon the non- performance by the other party of ,any material term, covenant or condition of -"this Agreement that is not cured within thirty (30) days after the receipt by such party of written notice of its breach, provided, however, that the Lease shall continue in effect for a period up to twelve (12) months at the elec- tion of the County if continued access to the 800 MHz CCCSIs required to maintain the provision of� the law enforcement/public works/fire / radio communications services contemplated under this Agreement. Addition- ally, one year after the Effective Date of this//Agreement, as defined in Article 1, Paragraph 31 either Authority or County, at its%sole discretion and notwithstanding the [five-year] Initial Term of this Lease, may / terminate this Lease upon twelve (12) months % prior written notice to the other party. (3) . If any further action is necessary or desir- able to comply with the requirements 'of the FCC,. Authority and County will take all such 800 MHz JPA 3/23/95 25. necessary action including, without limita- tion, the execution and delivery of such - further instruments and documents or amend- -ments to this Agreement as -may reasonably be acceptable to the FCC. (4) Authority may -initiate modifications to the 800 MHz-CCCS -from time to time [,at the Authority's ex- pense], subject -to the County's express writ- ten approval of any proposed modifications. If prior FCC or other regulatory approval of such modifications is required, the County shall [, at the Authority's expense,] prepare an appropriate application, sign and file it with the FCC. No such modification shall be implemented prior to the grant of FCC consent. 6. Mpmhpr QWnad Emzipmen The Authority acknowledges that any equipment purchased by a member in conjunction with or relating to the 800 MHz CCCS which is owned by said member free and clear of any claim, lien or interest of the Authority's shall be an asset of said member -and not of the Authority's. ARTICLE VII. WITHDRAWAL AND ADDITION OF MEMBERS 1. :HpMheE Withdrawal. No member may withdraw its participa- tion in the.Authority for three (3) years from the Effective Date, 600 MHL JAA 3/23/95 26. or three (3) years from the date on which it initially becomes a member. After that three (3) year period, any withdrawing member may give twelve (12) months prior written notice to the Authority i and its members together with such other notices, if any,as are required by laws then in effect, of its election to withdraw as of the end of that twelve (12) month notice period.. tdotwithstanding any written notice by a member to withdraw from the/Authority, said election to withdraw shall be effective at the/end of the twelve (12) month notice period if, and -only if, th/withdrawing member has prepaid in full to the Authority an amo Zt equal to its entire proportional amount of.(i) the principal nd interest of any debt, obligation, liability, loan or financi g of the Authority and (ii) five (5) years of estimated genera lfadministrative and operating expenses for the Authority. 2. Addi tian of New s. Any non-member may join the Authority upon consent -of /rd ajority of the total number of votes of the directors of the Boand the agreement to such terms and conditions as may be det rmined by the Board. A new member may be required to transfer o the Authority its CCCS facilities and assets, if any, or t reimburse the Authority for a proportionate share of facilitie, which the new member will utilize. As a condition of memIsibility rship, a proposed new member may also be required to accept resp for a proportion of the debts, obliga- tions and i Zlities of the Authority, to the extent agreed upon a 1 Y, 9 P by the Autho ity and the new member at the time of membership. The Authority /Board nay determine to waive all or part of such' 800 MHZ JPA 3/23/95 27 • contribution requirements in return for an offsetting transfer of the new member's facilities and assets to -the Authority. - 3. Limitnt -Uns on Withdrawing Members. Any withdrawing member may negotiate with the Authority for return or repurchase of .any and all stations and equipment serving that member's jurisdic- tion, however, the Authority shall be under no obligation or duty .to deliver or -sell said stations and equipment. In no event, however, shall any withdrawing member have any claim to'or right, title and interest in any federal, state or local license 'held by the Authority, including, but not limited to any'FCC license. In addition, a withdrawal of a member from the Authority shall not act ass -a release of any obligation'of such withdrawing member under any lease or sublease between the Authority.and such member. ARTICLE VIII. TRANSITION TO AUTHORITY The Cities and County shall designate a transition team to implement -the transfer of assets and liabilities hereunder, to prepare for the Authority's organizational meeting, and to direct the transition of administrative services from the County -to the Authority. 800 mHt SPA 3/23/95 28. ARTICIM IX GENERAL PROVISIONS 1. .Initial_ Nntiae. Upon the Effective Date of,x--this Agreement, the Authority shall timely file with the Orange County Clerk and the Office of the Secretary of State the information required by Government Code Sections 6503.5 and 53051. 2. Ac3clitinnnal NaticeS. Upon any amendments to this Agreement, the Authority shall prepare and /timely file with the Orange County Clerk and the Office of the/Secretary of State the information required by Government Code Sections 6503.5 and 53051. 3. Notice, to Members. Notic to' members shall be deemed given when mailed to them, first class, postage prepaid, or faxed to the address/or fax number set/out by their signatures. 4. This Agr eement may not be amended or modified except by a vote of two-thi ds (2/3) of the total number of votes of al members. This A (eement represents the sole and entire 1 e s p agreement between the pa ties and supersedes all prior agreements, negotiations and disc ssions between the parties hereto and/or their respective coun el with respect to the subject matter of this Agreement. 5. neadinds. The headings in this Agreement are for convenience and and are not to be construed as modifying or explaining the% language in the section referred to. 800 nnx OFA 3/23/95 29. b. Saverabi]jty. Should any part, term, or provision of this Agreement be determined by a court to be illegal or unenforce- able, the remaining portions or provisions of this Agreement shall nevertheless be carried into effect. 7. No waiver of any term of condition of this Agreement shall be considered a continuing waiver thereof. .8. S,ses_ rs. This Agreement shall inure to the benefit of and be binding upon any successors or assigns of the members. No member may assign any right or obligation hereunder without the written consent of a majority of all of .the directors of the Board, 9. Wo Third Party Beneficia =.._ The members agree that except as provided in Article IX, Paragraph 8 above, the provisions of this Agreement are not intended to directly benefit, and shall not be enforceable by, any person or entity not a party to this Agreement. 10. Reporting. The Authority shall at all times remain"in compliance with theF requirements of the Political. Reform Act (Government Code Section 81000. et .seq.) and the Conflict of Interest Code (Government Code Section 87300 et seq.). 800 MNz JPA 3/23/95 30. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed and attested by their duty authorized - officers as of the date first above written. Dated: COUNTY OF ORANGE, a political subdivision of the State of California SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Hoard of Supervisors County of Orange, California By Chairman of its Board of Supervisors NOTICE TO COUNTY OF ORANGE TO BE GIVEN TO: COUNTY EXECUTIVE OFFICER P.O. Box 22014 SANTA ANA, CA 92702-2014 FAX: (714) 834-3018 APPROVED AS TO FORM: TERRY C. tdDRUS, CO COUNSEL By Dated: 3 f3 800 MILL JPA 3/23/95 31. �J V PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the /SW, day of J?LW , 1995. Connie Brockway, City Clerk Mayor Y • 1 - APPROVED AS TO FORM: Deputy Cit Clerk s;IX,2l j- r �- E DAP VE Rrl, 'City Attorney cS�lSJ� S IN TED AND APP D: y Adminis r nief of Polic-f re Cnie AGREEDENT FOR ACQUISITION, INSTALLATION, AND MAWTENANCE OF AN 800 MHz LAW ENFORCEIVIENT/PUBLIC WORKS/FIRE COMMUNICATIONS SYSTEM FOR TIIF COUNTY OF ORANGE TABLE OF CONTENTS ARTICLE / PAGE NUMBER 1. SCOPE OF AGREEMENT 1 2. PERIOD OF PERFORMANCE 2 3. PRECEDENCE 2 4. CHANGES/AMENDMENTS/EXTRA SERVICES 2 5. PAYMENT TERMS AND AGREEMENT AMOUNT 5 6. OVER -THE -AIR REKEYING CAPABILITY (OTAR) 5 7. FIRM PRICING STRUCTURE 5 S. FREIGHT/DELIVERY 6 9. TAXES 6 10. INSTALLATION/RISK OF LOSS 6 11. STANDARDS OF PERFORMANCE AND A/CEPTANCE TESTING 7 12. INSURANCE 7 13. PERFORMANCE BOND 8 14. RECORDS INSPECTIONS AND AUDI S 9 15. PROJECT SCHEDULE 9 16. LIQUIDATED DAMAGES 10 17. FORCE MAJEURE 11 18. TERMINATION 11 19. WARRANTY 12 20. WARRANTY REMEDIES 15 21 _ MAINTENANCE AND % ARRANTY RECORDS 15 22. MOTOROLA LICENSE/GRANT TO COUNTY 15 23. SOURCE CODE TRUST 16 24. DOCUMENTATI014 17 25. RADIO PROD SING CONFIDENTIALITY is 26. PATENT/COPYIGHT MATERIALS 18 27. PROPRIETAP�� INFRINGEMENT INDEMMTN' IS 28. CONFIDENTIALITY Is 29. RESPONSI61LITY OF MOTOROLA 19 30. PROJECf ADMrVISTRATION AND KEY PERSONNEL 19 31. REPORTING/MEETINGS 20 32. TRAINING 20 33. NOT CES 30 34. [N .MNITY 21 mi ricu-.C.t<mz 379654 Agri:o3wiu Kit. SODOMI S 95 IN fall 12/5 94 1'ar: I AGREEMENT FOR ACQUISITION, INSTALLATION, AND IE'IAUMNANCE OF AN 800 MHz LAW ENFORCEMENT/PUBLIC WORKS/FIRE COMMUNICATIONS SYSTEM FOR *n E / COUNTY OF ORANGE TABLE OF CONTENTS ARTICLE .PAGE NUMBER 35. LIMITATION OF LIABILITY 36. INDEPENDENT CONTRACTOR 37. ASSIGNMENT 38. CONFLICT OF INTEREST 39. DEFAULT - SANCTIONS 40. CONSENT TO BREACH OR WAIVE 41. REMEDIES NOT EXCLUSIVE 42. COVENANT AGAINST CONTINGENT FEES 43. DISPUTE AS TO CONTRACT REQUIREMENTS 44. INTERPRETATION 45. GOVERNMENT REGULATIONS -COMPLIANCE' 46. ENVIRONMENTAL PROTECTION STANDARIS 47. ENERGY EFFICIENCY STANDARDS 48. EQUAL EMPLOYMENT OPPORTUNITY - ,�AFFFIRMATIVE NONDISCRIMINATION - HANDICAPPED INDIVIDUALS 49. CHOICE OF LAW AND FORUM 50. NEWS AND INFORMATION RE LEASE 51. HEADINGS NOT CONTROLLING 52. VALIDITY 53. AVAILABILITY OF FUNDS 54. ENTIRE AGREEMENT / EXHIBITS Exhibit A Scope of W�rk Exhibit © C/Ml plied Items Exhibit C Cion/Payment Schedule Exhibit D Pplementation Plan R. Schedule Exhibit E Ae Test Plan Exhibit F Pining Plan Exhibit G hSoftware License Exhibit lI Contract Participants Exhibit I Contract Terms Glossary ACTION - 21 21 22 22 22 23 23 23 23 24 24 24 24 24 25 25 25 25 25 26 ARTICITS.ARIZ 379650 - - ACtinw1N No. tW00015-95 INIC.111 125M•t pare ii EXHIBIT A �J ASSETS TO BE LEASED FROM THE 800 MHz COUNTYWIDE COORDINATED CONfNI MCATIONS SYSTEM JOINT PONVERS AUTHORITY . TO THE COUNTY Backbone equipment purchased from Motorola Communications and Electronics, Inc., by the 800 MHz CCCS Joint Powers Authority to support the coordinated system. Equipment purchased by individual County and City agencies/departments to support field operations and dispatch operations is not included in leaseback to County. 2. Radio sites constructed for the purpose of supporting 800 MHz CCCS. Page 1 of 2 page 2 r EXMIT A ASSETS TO BE LEASED FROM THE COUNTY TO THE 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM JOfNT POWERS AUTHORITY 1. Portion of Loma Ridge facility, tower structure, radio equipment and property that supports M the 800 Hz CCCS project. - - - 2. Portion of existing remote sites supporting 800 MHz Coordinated Communications System including buildings, towers, and generators at the following sites: • OIinda • Santiago • Sierra • Signal • Bolero • San Clemente (lease site) 3. Portion of digital microwave system supporting 800 N4Hz CCCS. 4. Portion of 800 MHz Fire Services backbone that will be integrated with new 800 Nf iz CCCS. 5. Current radio infrastructure equipment that will be used to support 800 NEFU radio functionality. Page 2 of-2 Exhibit B Percentage _ Interest Contribution"' Anaheim 8.12% Brea 3.32 Buena Park 1.89 Costa Mesa 3.63 Cypress 1.60 Dana Point 0.43 ' Fountain Valley 1.87 Fullerton 2.92 Garden Grove 3.57 Huntington Beach 7.01 Irvine 3.48 Laguna Beach 1.53 Laguna Hills 0.39 Laguna Niguel 0.48 Lake Forest 0.52 La Habra 1.85 La Palma 1.01 Los Alamitos 1.04 Mission Viejo 0.79 Newport Beach 4.25 Orange 3.83 Placentia 1.28 San Clemente 1.38 San Juan Capistrano 0.33 Santa Ana 7.36 Seal Beach 1.28 Stanton 0.69 Tustin 1.93 Villa Park 0.04 Westminster 3.22 Yorba Linda 0.00 City Total 71.47% County of Orange Total 28.53% Total 100.00% (a) Percentage Interest Contribution is calculated based upon each members equipment purchases divided by lotat equipment purchases. Page 1 of 4 EXHIBIT B CONTRACT PARTICIPANTS RESPONSIBLE CITY ADMINISTRATOR ADDRESS PHONE # Anaheim City Manager 200 S. Anaheim Blvd. 714/254-5100 P. 0. Box 3222 Anaheim, CA 92803 Brea City Manager I Civic Center Circle 7I4/990-7600 Brea, CA 92621-5758 Buena Park City Manager 6650 Beach Blvd. 714/562-3500 P. 0. Box 5009 . Buena Park, CA 90622-5009 Costa Mesa City Manager 77 Fair Drive 714/754-5223 P. 0. Box 1200 - Costa Mesa, CA 92628-1200 Cypress City Manager 5275 Orange Avenue 714/229-6700 P. 0. Box 609 Cypress, CA 90630 Dana Point City Manager 33282 Golden Lantern 714/248-9890 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater Aven= 714/965-4400 Fountain Valley, CA 92708 Fullerton City Manager 303 W. Commonwealth 714/738-6300 Fuiierton, CA 92632 Garden Grove City Manager 11391 Acacia Parkway 7I4/741-5000 P. 0. Box 3070 Garden Grave, CA 92642 Huntington Beach City Administrator 2000 Main Street 714/536-5511 P. 0. Box I90 Huntin on Beach, CA 92648 Irvine City Manager 1 Civic Center PIaza 7141724-6000 P. O. Box 19575 Leine, CA 927I3 Laguna Beach City Manager 505 Forest Avenue 714/497-3311 Lagna Beach, CA 92651 Laguna Hills City Manager 25201 Paseo de Alicia, Suite 150 714/707-2600 Laguna Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 714/362-4300 Lagun Niguel, CA 92656 La Habra City Manager 201 E. La Habra Blvd. 310/905-9700 P. 0. Box 337 La Habra, CA 90633-0337 r V i113I UJ.REV page 1 ur 3 Ah 3ZU'75 Page 2 of 4 r EXHIBIT B CONTRACT PARTICIPANTS RESPONSIBLE CITY ADNIINISTRATOR ADDRESS PHONE 9 Lake Forest City Manager 23778 Mercury Road 7141707-5S83 Lake Forest, CA 92630 La Palma City Manager 7822 Walker Strcet ?I4/523-7700 La Palma, CA 90623 Los Alamitos City Manager 3191 Katella Avenue 714/827-8670 Los Alamitos, CA 90720 Mission Viejo City Manager 25909 Pala, Suite 150 714/470-3000 Mission Viejo CA 92691 Newport Beach City Manager 3300 Newport Blvd. 714/644-3309 Newport Beach, CA 92663 P. 0. Box 1769 Newport Beach, CA 92658-89I5 Orange City Manager 300 East Chapman 714/744-5500 P. 0. Box 449 Orange, CA 92666 Placentia City Administrator 401 East Chapman 7141993-823 I Placentia, CA 92670 San Clemente City Manager 100 Avenida Presidio 7141361-8200 Sass Clemente, CA 92672 Sari Juan Capistrano City Manager 32400 Pasco Adelanto 714/493-1171 San Juan Capistrano, CA 92675 5 anta Ana Cit3, Manager 20 Civic Center Plaza 714/647-5400 Santa Ana, CA 92701 P. 0. Box 1998 M30 Santa Aria, CA 92702 Seal Beach City Manager 211 Eighth Street 7141829-8550 Seal Beach CA 90740 S'anton City Manager 7900 Katella Avenue 714/379-9222 Stanton, CA 90680 Tustin City Manager 300 Centennial Way 714/573-3000 P. 0. Box 3539 Tustin,, CA 92681 Villa Park City Manager 17855 Santiago Blvd. 714/998-1500 Villa Park, CA 926674187 Westminster City Manager 8200 Westminster 7141899-3311 Westminster, CA 92683 Ycrba Linda City Manager 4845 Casa Loma Avenue 714/961-7100 P. 0. Box 87014 Yorba Linda, CA 92686-8714 VIlUITUREV Page 2 of 3 skb 3'2093 Page 3 of A EXHIBIT B CONTRACT PARTICIPANTS RESPONSIBLE COUNTY ADMINISTRATOR ADDRESS PHONE # Hall of Administration County of Orange Board of Supervisors 10 Civic Center Plaza 714/834-3100 Santa Ana, CA 9270I E��itnrrti.REV - Page 4 o f 4 Page 3 of 3 s1.b V2095 y `CITY OF HUNTINGTON BEACW MEETING DATE: May 15, 1995 DEPARTMENT ID NUMBER: PD 95-009 Council/Agency Meeting Held: Deferred/Continued to:A'Sis PA� A) )(Approved ❑ Conditionally Approved 0 Denied 10 City Clerk's Sign tore Council Meeting Date: May 15, 1995 Department ID Number PD 95-009 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, C>of or PREPARED BY: RONALD E. LOWENBERG, MICHAEL P. DOWER, Fire SUBJECT: 800 MHz ACQUISITION/JOIAGREEMENT r i Statement of Issue, Funding Source, lteconinended Action, Alternalive Action, Analysis, Environmental Status, Attachmen �- __ __ 910" 01 Statement of Issue: The Orange County Board of Supervisors has given authorization to proceed with the 800 IAHz communications system and to enter into a contract with Motorola. This contract will be assigned to an 800 MHz Joint Powers Agreement (JPA) upon its formation. Approval of the JPA will provide a purchase and financing vehicle for the joint Cities/County 800 MHz radio system. The signatories to the JPA are the Cities and the County. The JPA was formed as a result of the County's bankruptcy, related degradation, and its bond rating. The JPA is expected to increase the bond rating and thus reduce the cost of financing the 800 MHz :.ystem. The JPA requires that the City designate primary and alternate representatives for Vie 800 MHz JPA Executive Board. Formation of this JPA and initial implementation must occur as soon as possible. The County has been licensed by the FCC to use fit channels in tie 800 MHz band. The approved FCC plan calls for initial implementation of the 800 MHz system by October 1995, with full implementation of the system by mid -year 1997. If the JPA is not approved and implementation does not occur within the established time -lines, t1he FCC will award the channels to other counties and cities, many of which have already Expressed their desire to acquire our dedicated channels. Funding Source: General Fund. JPA.DOC -2- OWNS 5:14 PM BEQUEST FOR COUNCIL ACTIN MEETING DATE: May 15,1995 Recommended Action: DEPARTMENT ID NUMBER: PD 95-009 1. Approve the 800 MHz communications Law/Public Works/Fire, Joint Powers Agreement and authorize the Mayor & City Clerk to execute the agreement. 2. Authorize appointment of Fire Chief Dolder as the 800 MHz Executive Committee member and Police Chief Lowenberg as alternate Executive Committee member. 3. Agree to purchase police -radios police and public works radios per the agreement. Alternative Action(s]: Disapprove membership in the Countywide coordinated radio communications system and JPA, such action would gravely impact Police/Fire/Public Works communications capabilities and would pose significant public safety concerns. Analysis: The Orange County Board of Supervisors recently approved a contract with the Motorola Corporation for the construction of the 800 MHz Law Enforcement/Public Works/Fire communications system. This approval culminates almost ten years of effort in evaluating the communication needs, designing a system to meet those needs, and procurement processes to replace the existing system. The amount of financing is not expected to initially exceed $82,120,728, which includes backbone radio transmission equipment and the individual agency equipment. The City's cost for it's portion of Police/Public Works/Fire Communications System backbone radio transmission equipment and pot' ent policelpublic works 'turn -on" radio equipment is $4,547;929- $4,759,747. The City had budgeted approximately $2.2 million, which resides in the Orange County bankruptcy fund. It is anticipated that the financing package will be developed for ten years. Each city or agency can opt for a shorter financing period, partial financing, or to pay cash as some cities have indicated. The JPA has the following key elements: • To establish a collateral ization of revenue intercept as an option in case of failure to pay financing costs on a timely basis. The specific intercept would be against the in- place Proposition 172, one-half cent sales tax for public safety. • To establish a cost allocation method for equitably allocating 800 MHz system acquisition and implementation costs to all members. (The 800 MHz system is referred to as CCCS, Countywide Coordinated Communications System.) • To establish a payment schedule that assures up front capitalization by City members and County payments at the end of implementation. • To accept assignment of the Motorola contract from the County. REVISED JPAI.DOC -3- 05/10195 5:30 PM WQUEST FOR COUNCIL ACT6 MEETING DATE: May 15, 1995 DEPARTMENT ID NUMBER: PD 95-009 • The Board of Directors shall consist of one representative from each City and two from the County(one being the Sheriff). • The Board shall select an Executive Committee of seven, two from the County (one being the Sheriff) and five from the Cities. • Each member of the Board of Directors shall have one vote, with each of the two County members having six votes, which was established in proportion to the amount of the cost to be borne by the County (28%) and the Cities (72%). • The County is designated as responsible for the implementation and operation of the 800 MHz CCCS. • The JPA shall not have the power to implement, levy, or institute any tax or taxes. It is urgent that the JPA be approved by the 31 City Councils so contract implementation can begin and the October FCC deadline met. If the Cities do not meet the October 1 deadline, the FCC may withdraw the frequency channel allocations. The Cities and County must also have 500 radios on the new radio system by December 1, 1995, to meet a FCC milestone. These dates are critical, and this JPA must be fully executed as soon as possible. Environmental Status: Not applicable. JCity Clerk's Page Number 1. Orange County City Managers Association Letter 2. Questions Concerning 800 MHz System 3. 800 MHz Coordinated Communications System Summary 4. County City/800 MHz Implementation Committees 5. 800 MHz Law/Public Works/Fire System Contract Highlights 6. Key Elements of the 800 MHz Countywide Coordinated Communications System 7. Joint Powers Agreement for the County 800 MHz Communications System 8. 800 MHz Schedule JF'A.DOC -4- 05/02/95 5:14 PM juv� JOINT POWERS AGREEMENT FOR THE V O MGE COUNTY 800 MEGAHERTZ COMMUNICATIONS SYSTEH This Join Powers Agreement For The Orange County 800 Megahertz Communa ations System ("Agreement") is made this day of , 995 by and among the foilowing public entities (collectively, the "m mbers"); the signatory cities listed on the signature pages of this greement (collectively, the "Cities") and the COUNTY OF ORANGE (the 'County"). A. In accordance with the to . s of certain agreements by and the Count and the Cities, the County currently operates a among y coordinated law enforcement/public wo system (the "Existing CCCS"). fire radio communications B. The County and the Cities have dete ined that current law enforcement/public works/fire radio communica ion requirements indicate that the Existing CCCS must be replac with an 800 Megahertz coordinated law enforcement/public work\MHz radio communications system (the "800 MHz CCCS"). The CounCities have also determined that the public need for the 80CCCS is immediate. 800 XHZ jpA 3/23/95 I. �i� IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed and attested by their duty authorized officers as of the date first above written. Dated: SIGNED AND CERTIFIED THAT A \ COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors County of Orange, California APPROVED AS TO FORM: TERRY C. NDRUS, CO COUNSEL By Dated: 15A 71r)--- COUNTY OF ORANGE, a political subdivision of the State of California By Chairman of its Board of Supervisors NOTICE TO COUNTY\OF ORANGE TO BE GIVEN TO: COUNTY EXECUTIVE OFFICER P.O. BOX 22014 ` SANTA ANA, CA 92702-2014', FAX: (714) 834-3018 800 MHX JPA 3/23/95 31 PASSED AND ADOPTS by the City Council of the City of Huntington Beach at a regular meeting held thereof on the . day of � , 1995. Connie Brockway Cite Cler'l Mayor y • C{1 wr6 APPROVED AS TO FORM: Deputy Cit Clerk ,S/wt�lfs E ND AP VEDi rcrCity Attorneyjr5 jS S IN TED AND APP D: s y Adminir t� ief of Polic ire Chief ME EXHIBIT A ASSETS TO BE LEASED FROM THE 80 0 MI COUNTYWIDE COORDINATED CO1lIMMCATIONS SYSTEM JOINT POWERS AUTHORITY i O THE COUNTY 1. Backbone equipment purchased from Motorola Communications and Electronics, Inc., by the 800 MHz CCCS Joint Powers �uthority to support the coordinated system. Equipment purchased by individual County an •City agencies/departments to support field operations and dispatch operations is not includeein leaseback to County. 2. Radio sites constructed for the purpose ofsu�poring 800 MHz CCCS. Page 1 of 2 Exhibit B Anaheim Brea Buena Park Costa Mesa Cypress Dana Point Fountain Vallc Fullerton Garden Grove Huntington Be Irvine Laguna Beach Laguna Hills Laguna Nigue' Lake Forest La Habra La Palma Los Alamitos Mission Viejo Newport Beach Orange Placentia San Clemente San Juan Capistrano Santa Ana Seal Beach Stanton Tustin Villa Park Westminster Yorba Linda City Total County of Orange Total Total Percentage ln.terest ributiont'' 3.12% 3.32 1.89 3.83 1.80 ).43 1.87 '..92 1.57 '.01 1.48 .53 1.39 1.48 1.52 `85 1.01 . 79 4.25 \ 3.83 1.28 1.38 0.33 7.36 1.28 0.69 1.93 0.04 3.22 0.00 71.47% 28.53% 100.00% (a) Pe tentage tnterest Contribution is calculated based upon each members' equipment purchases divided by total equipment purchases. Page 1 of 4 V CITY OF7[ ATTEST: By:7,-`O� By:. --- City Clerk r ' . Dated: I9� Approved As To Form: City Attorney A) W. CONTRACT11TACREE.DOC Atskb 01/30/961:49 AM Page 19 4 KEY ELEMENTS OF THE 800 MIIz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM JOINT POWERS AGREEMENT The primary purpose of the Joint Powers Agreement (IPA) is to provide a purchase and financing vehicle for the Joint Cities/County 800 MHz System, and as such, the signatories to the IPA are the Cities and the County. The JPA was formed due to the County?s bankruptcy and related degradation in its bond rating. Through the JPA, it is expected that it will achieve a prime bond rating and thus reduce the cost of financing the 800 .2%iltz system. The amount of financing is not expected to initially exceed $82,120,728, which includes $70,481,728 for the backbone radio transmission equipment and the individual agency equipment, plus $11,639,000 for developing the 22 backbone sites (towers and buildings to house radio equipment). Of the $70,481,728 for the equipment, approximately $37,000,000 is for the backbone and approximately $33,000,000 is for individual agency equipment. The $33,000.000 for equipment for the agencies could vary if a city agency/department wishes to change the amount of equipment ordered, which is subject to each city and agency's approval process. It is anticipated that the financing will be for ten years, but each city or agency can opt for a shorter financing period, partial financing, or to pay cash as some cities have indicated. The following are other key elements of the JPA: • To establish a collateralization of revenue intercept as an option in case of failure to pay financing costs on a timely basis. The specific intercept would be against the in -place Proposition 172 one-half cent sales tax for public safety. • To establish a cost allocation method for equitably allocating 800 NU-1z system acquisition and implementation costs to all members. (The 800 Mliz system is referred to as CCCS, Countywide Coordinated Communications System.) • To establish a payment schedule that assures up -front capitalization by City members and County payments at the end of implementation. • To accept assignment of the Motorola contract from the County. • The Board of Directors shall consist of one representative from each City and two from the County, one being the Sheriff. • The Board shall select an Executive Committee of seven, two from the County (one being the Sheriff) and five from the Cities. 73,'800%f E Iz089 Al skb 4111% F-Ad 00 R � Z � KEY ELEMENTS OF THE 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM JOINT POWERS AGREEMENT • Each member of the Board of Directors shall have one vote with each of the two County members having six votes, which was established in proportion to the amount of the cost to be borne by the County (28%) and the Cities (72%). • The County is designated as responsible for the implementation and operation of the 800 MHz CCCS. • The JPA shaft not have the power to implement, levy or institute any tax or taxes. It is urgent that the JPA be approved quickly by the 31 City Councils so contract implementation can begin and the October FCC deadline met. It is acknowledged that due to time constraints, the JPA was prepared quickly and will require modifications. This mechanism has been put into place. Once the JPA is fully executed, the Executive Board, representing the 31 Cities and the County, can modify the JPA with a two-thirds vote. Rather than delaying the immediate execution of the JPA by City Councils, it is requested that the participants pend changes until the JPA is formed. All participants will need to sign the Joint Powers Agreement to assure that they are price protected under the Motorola contract once it is assigned to the JPA. Each City Council should also indicate whether they plan to proceed with Public Works so these costs can be factored into any financing plan and the contract can be amended. Recommended City Council Actions: I. Execute the attached 800 MHz Countywide Coordinated Communications System Joint Powers Authority Agreement. 2. Designate your representative on the 800 MHz JPA Executive Board. 3. Identify if you plan to proceed with the purchase of Public Works radios at this time so that these costs can be calculated into the financing plan. 95-TOONIIELO99 JAt:skb 4118'95 -2- ORANGE COUNTY CITY MANAGERS" ASSOCIATION To: Orange County City Managers FROM: Allan L. RoedeOrange County City Managers Association Representative t the 800 MHz Project DATE: April 20, 1995 SUBJECT: 800 MHz Acquisition/Joint Powers Agreement As each of you are aware, the Orange County Board of Supervisors recently approved a contract with the Motorola Corporation for the construction of the 800 MHz Law Enforcement/Public Works/Fire Communications System. This approval culminates almost ten years of effort in evaluating needs, designing a system to meet those needs, and procurement efforts to replace the existing system. Cities throughout Orange County have been involved in this effort from the beginning in what, arguably, is the largest cooperative procurement by local government in the County's history. Understandably, the process has not always been smooth but certainly one that has been fair, open, and subject to extensive and intense review. The attached documents include all of the relevant material as it applies to the 800 MHz Project. Your representatives who have been involved in this effort endeavored to provide you with a "complete staff report" addressing not only the overall system, the contract with the Motorola Corporation, and the proposed Joint Powers Agreement for acquisition and financing, but substantial detail as it applies specifically to your city. The following summarizes the attached documents: In recognition of the fact that this project has been several years in development, during which time we have had substantial turnover, not only in locally elected officials but city managers as well, we have provided a full history and needs assessment for the 800 MHz Project. This report details the procurement process from start to finish, as well as a "Question and Answer" section relating to the urgent need for the system. A summary of the Contract highlights and a copy of the Contract terms and conditions with 'the Motorola Corporation are also included. The Contract document details the full range of responsibilities of Motorola for the design and construction of the Backbone System as well as field equipment to be delivered to your agency. Also included is a complete work -up on the system as it pertains to your city, detailing every aspect of the project. J.. - 2 - A copy of the Joint Powers Agreement, as approved by the Board of Supervisors, is also provided. The JPA became necessary for purposes of acquiring and financing the system subsequent to the declaration of bankruptcy by the County of Orange. The Contract award to the Motorola Corporation is conditioned upon establishment of the JPA. Also included with the Agreement is a summary of the key elements of the JPA which addresses the need for the JPA. Subject to your review, we are now asking that each city take formal action to approve the Joint Powers Agreement and designate a representative of your city (either an elected or appointed official) to serve on the Board of Directors of the JPA. We request that your city take this action before the end of May 1995. As referenced in the attached material, it is imperative that we move forward now or risk losing our FCC Channel Allocation. While we recognize that each city prefers to "customize" legal documents to its own liking, we ask that you not modify the language in either the Motorola Contract or the Joint Powers Agreement. Obviously, if we receive approval from 31 agencies with differing language in each document, it will take a considerable amount of time to reconcile those approvals. We do recognize that the JPA, in particular, requires further modification, simply as a function of the time constraints imposed to prepare it. This can be accomplished by the Board of Directors, subsequent to the formation of the JPA. If your city has specific, suggested changes to this document, please forward those along with the executed Agreement so that they can be brought forward to the Board of Directors as soon as possible. A schedule is provided reflecting the proposed timeline for JPA, Contract, and financing approval, as well as a schedule for system implementation. In addition to the preceding and the attached materials, we are also in the process of developing a short video which will highlight the key aspects of this project. We recognize that this is a very detailed, technical subject and want to communicate the "Haws and Whys" of the system to you, elected officials, and the public at large in an understandable fashion. Since the video is still in production, we wanted to forward the attached material now to begin the review process. We will forward a copy of the video to you as soon as it is complete. Should you need any assistance or information on any aspect of this project, please feel free to contact 800 Miiz Project Manager Jin Murray (704-7906), City Manager, Lee Risner of the City of La Habra, or myself. ALR/bjb Attachments r 800 NIIIz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM 1. What is the 800 MlIz Countywide Coordinated Communications System (800 lklHz System)? The proposed 800 MHz system is an 81-channel radio communications system enabling mutual cross -communications among 100 City and County Law, Public Works, and Fire operations. It will be the largest multi-user, multi -owned radio system in the world. The 800 MHz system, consisting of 6I new channels, will replace the existing 18-channel 460 NH1z Law system and the various Public Works systems in Orange County. Twenty additional channels from an existing County,City Fire Trunked System will be integrated into the 800 MHz system. The 800 MlIz system components include a backbone system of 22 transmitting/receiving sites, dispatch consoles, and field equipment (portable and mobile radios). 2. Why is the 800 MHz System needed now? The existing law enforcement communications system has been in service for 23 years and is deteriorating. The frequency of repair is increasing; parts are difficult, and in some cases impossible, to obtain. if the 800 MHz system fails to go forward, individual agencies will be forced to replace existing base station equipment, consoles, mobiles and portables. The replacement equipment will be limited to operation on the I8 or so existing 460 MHz channels, since there are no additional 460 MHz channels available. Maintenance costs will escalate. Some of the larger cities and the Sheriff -Coroner Department are currently experiencing traffic overloading. The number of available 460 MHz channels is insufficient to support traffic demands today and will most certainly be inadequate for the future. Coverage requirements are also limited as there are currently only 10 transmitting/receiving sites as compared to the 22 proposed in the new system. With law enforcement on 460 MHz channels, fire senices in the 800 N1iz band, and public works scattered throughout the spectrum, there is virtually no interoperability between the various Public Safety entities in Orange County. Should some Orange County law enforcement agencies be forced to relocate to other bands due to crowding, the lack of interoperability will be exacerbated Failure to implement the 800 MHz system will continue this problem far into the future for all Public Safety entities in Orange County. The history of Saw enforcement in Orange County has proven that the ability to communicate between all law enforcement agencies in the County dramatically improves the delivery of services to the public. Fragmentation of communications will most likely result in increased staffing requirements for those agencies cut off from the common communications shared by others in the County. 94-200MIUz405 JAlAb 4118-95 80014111z Countywide Coordinated Communications System Page 2 A number of cities and counties outside of Orange County have either implemented or are in the process of implementing 800 MHz systems similar to that proposed for Orange County. Interoperability with these outside agencies will be another casualty associated with the failure to proceed with the 800 M1iz system. 3. Who was involved with acquiring this system after the vendor selection process? After the County Board of Supervisors approved the selection of Motorola as the contractor in January 1994, several committees were formed consisting of City/County personnel including City Managers, Police Chiefs, Fire Chiefs, Law/PubHc Works/Fire operational personnel, and County staff (see attached). The committees were: Implementation Steering Committee to oversee the 800 1<' RZ system implementation; Negotiating Committee to negotiate a contract with Motorola; a Governance Task Force to develop an operational plan for the ongoing oversight of the 800 MHz system; a Technical Liaison Committee of agency operational personnel to oversee the system design; and a Finance Committee to determine financing options. The balance of work done in 1994 also consisted of design changes in the system to accommodate the merger of the proposed Law/Public Works and existing Fire 800 MHz systems. 4. What are the implications of postponing the 800 MIlz system? The County has been licensed to use 61 channels in the 800 MHz band for a new Law/Public Works System by the FCC. The approved FCC plan calls for initial implementation of the 800 MHz system in October, 1995, and full implementation of the system by mid-1997. If the County does not commit to going forward with this system, the FCC will award the channels to other counties and cities. These 800 MHz frequencies can be used only for Public Safety and cannot be sold, but any other Southern California Public Safety agency on the waiting list can apply for them if not used. A large waiting list exists for these channels, and those agencies are already inquiring if Orange County will be releasing any channels. No other substitute 800 channels would ever be available to Orange County in the future because all other 800 band channels have been allocated to nine other Southern California counties and their cities. 5. What will the system cost? A contract has been negotiated with Motorola for $70,500,000 (including taxes) for the acquisition and implementation of the 800 MHz System over an extended period. Included in these costs is $37,000,000 for the backbone portion which must be installed before any field equipment is purchased. An additional $11,500,000 in capital projects is required by the County over the next three years to build or expand the 22 sites essential to the backbone system. The system costs will be financed over a ten year period. 94,100\I11z.405 bt.akb 411 .'95 1t ` 800 h111z Count} -vide Coordinated Communications System Page 3 G. Who will pay for the 800 MHz system? The cost of the 800 MHz system will be Come proportionately by the Cities and the County based on an agreed -upon cost allocation method. The Cities and the County will share in the cost of the backbone system. The County and Cities are individually paying for the consoles and field equipment for their respective agencies. 7. What are the next steps required to move forward? Authorization by the County Board of Supervisors has been received to proceed with the 800 MHz System and to enter into a contract with Motorola. This contract will be assigned to the 800 MlIz Joint Powers Authority upon its formation. A joint City/County Finance Comnnittee will continue to reNzew financing options and prepare a financing plan. A1800MIU-4o5 JM:skb 4r18195 800 Allis COORDINATED COMMUNICATIONS SYSTEM SUMMARY Introduction Despite Chapter 9 uncertainty, Orange County and its Cities must address their public safety communications crisis. • The current public safety communications system was installed in 1973 and is outdated and ineffective. - The system was designed for 2,000 radios serving I.5 million people. - Orange County and its Cities currently operate 6,000 radios serving 2.8 million residents. - When completed, the proposed system will support over 10,000 radios. • Consequently, Orange County citizens face unnecessary safety risks from a potential communications failure during crisis situations. • Five years ago, the FCC agreed to open a new radio communications band (800 MHz) which has provided the County and its Cities with the opportunity to modernize their public safety communications system. - Historically, the FCC made new radio bands available in 1970 (460 MHz) and I990 (800 MHz); it is unlikely that a new band will be made available in the next 20 years. • To take full advantage of this opportunity, the County and its Cities must act immediately or risk the loss of the channels to neighboring counties. • The costs of the proposed system are manageable and shared by the Cities and the County. The Current Situation Current System Overview (') • 460 ITT& system • 18 channels allocated in 1970 • Put in service in 1973 • Designed to serve 1.5 million citizens and be in service 12 years Reflects system used by Law Enforcement and Public Works Dem-tments. Fire Services already use a 20-channel, 800 he 1z system. 95100MI L067 S%I:skb 411&95 1 f Shortfalls of Current System • System often overloaded and inaccessible to p-abiic safety officers • Average of330 radios per channel vs. norm of approximately 100 radios per channel {1 • Numerous radio coverage "dead spots" and "holes" throughout Orange County • Incompatible with neighboring counties' communications systems and Orange County Fire Services • Unable to utilize state public safety initiatives such as Cal Id. and NCIC 2000 • Replacement parts expensive and critical parts no longer manufactured The Proposed System The Cause for Immediacy • In 1997, Orange County developed a plan for improving its communications system. • In 1990, Orange County negotiated with neighboring counties for the new 900 MHz channels. • Of the 93 channels Orange County requested, it received 61. • The FCC requires that Phase I construction of the new communications system be completed by October 1995 or the channels can be reallocated to other counties. - Orange County has already received one extension from the FCC and is unlikely to receive another. - The County would likely not have the opportunity to acquire new channels for an additional 20 years. • All of the neighboring counties have virtually completed the installation of their 800 MHz systems, and Riverside and San Bernardino have each requested an additional 31 channels. • In the cases of both the LA WA and Deland County (Florida), the FCC rescinded previously awarded channels for failure to meet specified deadlines. Oi A i }xt FCC Regulation 6 90.361 95,8(t%fllz067 SM.-s'.b 41995 2 COUNTY/ CITY 800 MHz IMPLEMENTATION COMMITTEES L\iPLEMENTTATION STEERING COMMITTEE I ROBERTDiJN'EK, COY ]MANAGER, CiTY OF LOS ALAMITOS CHIEF STEVEN STAVELEY, LA IIABRA POLICE DEPARTAIF.NT CHIEF MIKE DOLDER, IIUNTINGTON BEACH FIRE DEPARTMENT JEFF SIW, CITY ENGINEER CITY OF FOUNTAIN VALLEY MiKE KOLODISNER, DIRECTOR, GSA/PURCHASING & TRANSPORTATION JACKiE N'ILIUS, DIRECTOR, OSA/CNFORMATION SYSTEMS BOB %NWON, MANAGER, CAO.TORCCAST 1L ANALYSIS CENTER GOVERNANCE TASK FORCE LEE RISNER: CITY MANAGER. CITY OF LA IIABRA ALi.AN L. ROEDER. CITY MANAGER. CiTY OF COSTA MESA Cl III- I' MICRAEL SKOGII, IDS ALAMITOS POLICE DEPART! IENT CHIEF STEVEN STAVELEY. LA HABRA POLICE DEPARTMENT CHIEF BERNIE HEIMOS, FOUNTAIN VALLEY FiRE DEPARTMENT JACKIE NILrUS, DIRECTOR, GSAITNFORMATION SYSTEMS BILL RETTER MANAGER. E\1ATUBLIC IA'ORKS NEGOTIATION TEAM I TECHNICAL LIAISON COMMITTEE CAPT, GARY MAIEN, SEAL BEACH PD CAPT. BiLL MILLER, OCSD CAPT. RON ROREL4 FULLERT04 PD CAPT. FRED WAKEFIELD. TUSTIN PD CAPT. PAUL WORKMAN, LAGUNA BEACH PD SOT. DOUGLAS PARMENTIER, NEWPORT BEACH PD ROGER HAM, TECI I N101. HUNTiNOTON BEACH PD TRAViS WILLIAMS, CO%fM. NIOR, ANAHEiM PD PETER A. DALQUIST, EMA/PUBLIC FORKS CHIEF PAT WALKER, OCFD I1110H WOOD. ASST. i)iR . SUPPORT PUREAU, OCFD AD HOC NIEUtRFRS CHIEF CHARLES BROnFCK, IRVINE PD CHIEF SIT VEN STAVELEY. LA HABRA PD CHIEF BILL STEARN'S. SEAL BEACH PD BOB WILSON, LEAD NEGOTIATOR COUNTY ADMINISTRATIVE OMCE ALLAN L ROEDER, CITY MANAGER CITY OF COSTA MESA GEORGE TINDALL, CITY MANAGER. CITY OF GARDEN GROVE (ALTERNATE) CiIIEF STEVEN STAVELEY, LA HABRA POLICE DEPARTMENT CHIEF BILL STEARNS. SEAL BEACH POLICE DEPARTMENT (ALTERNATE) CHIEF RICH DEWBERRY, LAGUNA BEACii FIRE DEPARTMENT CHIEF MARC MARTIN, FULI.F.RTON FiRE DEPARTMENT JEFF SINN. CiTY ENGINEER. CiTY OF FOUNTAIN VAII.FY 3I\1 NITIRRAY. PROJECT MANAGER. (NAILMINKINICA11ONS SLiSAN MA R i�EY, ADMINISTRATIVE !MANAGER, GSAICOMMUNICATIONS RICHARi IIAMPSON, SFNi0R TELFCOMNfUNICATIONS ENGINEER, OSA'COMMUNICAIiONS \11Kr KOLODiSiNER. DIRF:CTi)R,GSAIMIRCIIASINGA TRANSPORTATION I.AVRA VAMPf01.A, CONTRACTS SUPERVISOR, OSAIMJRCIIASINO FiNA1NCE CO\i\i=E BRUCE CHANN'IN'O, CITY MANAGER. CTIY OF LAGUNA HILLS ROD COLOMA, FMAINC£ DIRECTOR CiTY OF SANTA ANA GEORGE FERROVE, FINANCE DIRECTOR. CITY OF ANAHEiM BOB WlLS0- AIANAGER, CAO FORECAST R ANALYSIS C£NTER TOM SACCO, ACTiNO MANAGER. CAOTUB11C FINANCE BiLL CASTRO, MANAGER. CAO/PUBLIC FINANCEIACCOUNTING SIEVE DILNIVENT, MANAGER, GSA/FISCAL SERVICES SUSAN MARKEY, AnMN. MANAGER,GSAiCOMtUti"iCATIONS C BACKBONE SITE ACQUISiTIO!N AND DEVELOPMENT STEERING COMMTTTEE ROBERT0. LOVE, DEPUTY DIRECTOR.OSA JACK LEANTNO, DIRECTOR, GSAIARCIIITECRJR£ A ENGINEERING CHUCK REST, DIRECTOR., OSA/REAL ESTATE JIM MURRAY, PROJECT MANAGER. OSA/COMMLJNiCATION'S 800MHz.VSD 71/30/94 80011111Iz LAW/PUBLIC WORKS/FIRE SYSTEM CONTRACT HIGHLIGHTS The Motorola contract for the Joint City/County 800 ,NlHz Radio Communications System was negotiated over a 10-month period, from February to November I994, during which time the system also underwent redesign to accommodate the integration of Fire with Law/Public Works communications. The Negotiation Team participants included City Managers, Police Chiefs, Fire Chiefs, a Public Works representative, County Purchasing representatives, a County Administrative Once representative, and GSA Communications personnel, as outlined in the enclosed chart of 800 MHz Committees. The contract terms and conditions were reviewed by County Counsel. The contract consists of 9 volumes containing approximately 2,000 pages. The Ivey controlling documents include Agreement Recitals and Articles and Exhibits A through I as follows: A reement: Recitals R Articles: Contains the terms and conditions as outlined in the attached table of contents. Exhibit A: System Requirements: Specific detailed radio system functional and operational requirements. Exhibit B: County -Supplied Items: Office space, the sites on which radio transmission facilities are to be constructed, etc. Exhibit C: CompensatiortrPayment Schedule: Reflect payments to Motorola which can be financed through Motorola or any other financing source as determined by the 800 MHz Joint Powers Authority. Exhibit D: Project Implementation Plan and Schedule: Requires, among other documents, a detailed plan and schedule from Motorola 60 days after the contract is signed. Exhibit E: Acceptance Test Plan: Required for the backbone communications system, the microwave system, and each agency's 800 NUIz radio system. Exhibit F: Project Training, Plan: Outlines training to be provided by Motorola to radio users, dispatchers, engineering staff and maintenance personnel. Exhibit G: Motorola Software Agreement: Defines agreement for computer software used on the radio hardware. Exhibit If: Contract Participants: Includes Cities, County agencies, and Fire Services. Exhibit I: Glossa of Terms: Contains definitions of certain words and pleases used in the contract. 9540OXH I: 081 I.M.1I.11 4.:I.95 //1 800 MHz Law/Public Works/Fire System Contract Highlights Page 2 The major portion of the contract contains the Scope of Work defining the equipment and pricing for the 22 backbone transmission sites and for each individual agency. The appropriate individual City or Agency Statements of Work are included in this package. The contract total is for $70.5 million, which includes radio equipment and installation support for the remote backbone sites in the amount of $37 million, and $33.5 million for individual law agency dispatch and user radios. An additional $11.5 million is needed for construction of a tower and a small structure to house the radio transmission equipment at 22 remote backbone sites. ' Public Works and Fire will be accommodated by the backbone system, but Public Works user radios and costs are not currently provided in the equipment pricing. However, they can be accommodated at a later date with a contract amendment. 951600111.'097 J\f.Ah 4:12'95 800 111Iz SCHEDULE ,April 1 May 15 June 1 July 15 1995 1995 1995 1995 45 days 15 days 45 days e e e e e Board of Obtain City Form JPA Sign Put Financing Begin to Supervisors Council Approvals Select Executive Accent in Place Implement Approval of Hoard Contract Contract JPA Financing (C olli )lefed) C ro -)} 1(w%111r.074 Al %kh 4 12 95 S00 N1lIz SCHEDULE July 16 Oct. 16 Dec. 31 1995 60-90 days 1995 1995 A e A Detail 1st Payment Design Due & Install Install 500 Document One Radio Radios . July 16 July 15 -filly 15 July I5 1995 1year 1996 1venr 1997 1 year 1999 A A A A� Manufacture Backbone Equipment Install Mickhone System Equipment Install Law Enforcement Agencies July 16 Jllly 15 1995 2 years 1997 A A Install Backbone Site Strncttires 95 AO9N111z.473 1%1;skb 412.93 v v RCA ROUTING SHEET INITIATING DEPARTMENT: Police SUBJECT: 800 MHz Acquisition/Joint Powers Agreement COUNCIL MEETING DATE: I May 15, '1995 RCA ATTACHMENTS STATUS Ordinance wlexhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) St ned in full by the City Attorne Attached Subleases, Third Party Agreements, etc. (Appoved as to form b Cit Attomp Not Applicable Certificates of Insurance (Approved by the Cif Attorne Not Applicable Financial Im act Statement Unbud et, over $5,000 Attached Bonds If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report if applicable) Not Applicable FindingslConditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORVYAEZDED Administrative Staff Assistant City Administrator Initial ✓ City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: � � n Passed and adopted by the City Council of the City of vn�at a regular meeting thereof, held on the It � day of , 1995. • r .Attest: City Clerk S Q+a� Mayor City