HomeMy WebLinkAboutCOUNTYWIDE 800 MHZ COMMUNICATION SYSTEM CIVIC CENTER ANTENNA SITE - 1998-10-19ORANGE COUNTY RECF V F D
SHERIFF'S DEPARTMENToat. uan ,
February 22, 2018
Sent Certified Mail
City of Huntington Beach
Attn: Robin Estanislau, City Clerk
2000 Main Street
Huntington Beach, CA 92648
CITY CLE°
CITY OF
HU14TINGTON PF!
Re: County of Orange Exercising First Option to Extend Term of Lease by Ten Years at 2000 Main Street,
Administration Building, Huntington Beach, California (Per County's Lease Project #GA 1239-54)
Dear Ms. Estanislau,
We are writing with regard to that certain Lease Agreement dated October 21, 1998 ("Lease"), between the City
of Huntington Beach ("Lessor"), and the County of Orange ("County"). In accordance with said Lease, Page
2, Clause 2, "Term":
"The term (`TERM) of this LEASE shall commence on the Date of Execution by LESSOR, and shall expire
twenty (20) years thereafter, or on August 31, 2018, whichever date is later. Parties agree that the
commencement date will be confirmed in writing by either Party upon demand by the other. LESSEE is hereby
granted options to extend the term of the LEASE on the same terms and conditions for two (2) consecutive ten
(10) year periods commencing at the expiration of the TERM. In order to exercise said options, LESSEE must
notify LESSOR, in writing, of the exercise of each option at least six (6) months before the expiration of the
TERM or the term as extended. "
The effective Lease commencement date is October 21, 1998 and the twenty (20) year Term is set to expire
October 20, 2018, with the six (6) months' notification period being on or before April 20, 2018.
Therefore, the County hereby gives notice to Lessor that the County is exercising its First Option to Extend the
Term of the Lease by ten (10) years, which provides that the Term of the Lease shall now expire October 21,
2028. All other terms and conditions of the Lease shall remain the same.
Thank you and if you have any questions, please contact me at 714-834-2065 or jbordeauxaocsd.org .
S' erely,oe
onathan Bordeaux
OC Sheriff/Real Estate Manager
Cc: David Fontneau, OC Sheriff, Director, Communications & Technology Division
320 N. FLOWER STREET, SUITE 108, SANTA ANA, CA 92703 (714) 834-6670
Integrity without compromise • Service above self • Professionalism in the performance of duty • Vigilance in safeguarding our community
1/6/2015
The following is action taken by the Board of Supervisors on September 1, 1998
APPROVED AS RECOMMENDED 11 OTHER Q
Unanhnous 11 (1) Smith Y (2)S#va Y (3)Spitzer Y (4)Steinw Y (5)Wiison Y
VouKey: Y-Yes;N=No,A=AbsWn;X=Ercuse4•B.0.=I Order
Documents acewnpavying f ik matter:
Resoiution(s)
Q G'dinances(s)
11 Contract(a)
Abnd;Wig Agencyllaepart►rrenL Shoff -Coroner
Approve extension of mnernorandum of understanding and authorize execution of tease with City of HurtUngton Beach her 800
Milt Comnusm ications Patty and make Caftrnia Environmental Quality Act firings - District 2
Item No. 58
Special Notes;
Copies sent to:
Lea
f cerefy DUN tiro foregoing is a true and am.ct Copy of a*
WMAR OfCW SdVW by Um Sard of Supovims, GimMe
couniv. Stair of Caiir e.
DARLENE J. BLCOM. Clock of the $paid
By:
Oaput)r
1/6/2015
AGENDA ITEM TRAWSMITTAL
AGENCY1OE E
CLERK USE ONE LY
CEO REVII r
, '
,-CONSENT
DISCUSSION El�Cancur
Do Not Concur
PUBLIC HEARING ❑
-
❑ Exempt
L..
CONTACT FOR INFORMATION
TO: BOARD OF SUPERVISORS COUNTY OF ORANGE
FROM: SHERIFF -CORONER DEPARTMENT
Assistam Sheriff Tim Sion §47-I804
NAME PHONE
MEETING DATE
SUB IECT Extension of MOU/Approval of Lease with City of Huntington
SUPV. GIST.
Sept, 1, 1998
Beach — SOD MHz Communications Facility Located at 2000 Main Street,
2
HuntiniMn Beach GA 1239-54
SUMMARY OF REQUEST (Description for Agenda)
The Sheriff -Coroner requests approval of an extension of the Memorandum of Understanding (MOU) between the
County and the City of Huntington Beach authorizing the City to construct an 800 MHz facility on the roof of ita
administration building located at 2000 Main Street, Huntington Beach. The Sheriff -Coroner also requests approval
of a tong -term lease between the County and the City of Huntington Beach, as authorized in the MOU, for the
County's use of this site for the 800 MHz Countywide Coordinated Communications System.
ADDITIONAL DATA:
Please see Page 2
LEGAL REQUIREMENTS:
This project is categorically exempt from the requirements of CEQA, and conforms to the General Flan of the City
of Huntington Beach pursuant to Government Code Section 65402.
PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM:
Minute Order dated November 19, 19%, Approve MOU with the City of Huntington Beach
FUNDING SOURCE(S)
CURRENT YEAR C05T ANNUAL COST BUDGETED? El YES ❑ NO
Fund I5L, 800 MHz
$1 00 (lease) $1.00 (lease)
$225 00D construction
WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL?
CONSISTENT WITH BOARD POLICY?
®NO IF YES, STATE NUMBER PERMANENT LIMITED TERM
YES ❑ NEW ITEM OR EXCEPTION
RECOMMENDED ACTION
i . Extend the MOU between the County of Orange and the City of Huntington Beach regarding the 800 MHz
Project for the period December 18, 1997 through December 17, 1998.
2. Aurlsnrize the Chairman of the Board of Supervisors to exesarte the lease Agreement between the County of
Orange and the City of Huntington Beach
s. Find that the project described in said lease is categorically exempt from the requirements of CEQA under
Section 15301 CE (Class 1) of the CEQA Guidelines, in that the project Consists of minimal alteration to an
exdsting structure.
CONCURRENCES (ItAppkable)
ATTACHMENTS
MOLT, Lease Summary, Site Ma&lot Plan, Lease
D to 6b GXTTEs'
SHERIFF -CORONER
1/6/2015
Agenda Item Transmittal Pap 2
September 1, 1998
Extensloin of MOU, Approval of Leave with City of HundWort Beach
ADDLTLQNAL DATA
As pan of the 800 Nffiz Countywide Coordinated Communications Synem, an antenna structure is
needed on the roof of the Huntington Beach Civic Center. It was determined that it would be more
cost-effective and less burdensome for all parties to transfer the development of this site to the City
of Huntington Beach, On November 19, 1996, your Honorable Board approved the MOU between
the County and the City of Huntington Beach which provided for the City to develop and contract
for the construction ofthe 900 MHz site an the roof of the administration building at the Huntington
Beach Chic Center. This Board action also authorized the payment to the City of Huntington Beach
of up to $225,000 for design and construction of the site.
The MOU was effbctive for one year from the date of execution and expired on December 17, 1997,
Under the terms of the MOU, the County and the City of Huntington Beach can extend the MOU for
one additional year if approved by the governing bodies of both the County and the City Due to
design delays, it has become nemsary to extend the MOU for the additional year. It is requested
that the extension be approved retroactive to December 19, 1997, for an additional year expiring
December 17, 1998.
The MOU also provides for the County and City of Huntington Beach to enter into a lease for the
County's use of the facility. The lease is for 20 years, with an option to adend the lease for two
additional ten-year periods. Tice County will pay the City $1.00 annual rent for use of the fkcHity.
The design of the antmna structure has been modified over the past year due to Huntington Beach
Planning Commission requirements, but it still mods all of the technical requirements of the County.
The Sheriff -Coroner requests that your Honorable Board extend the MOU and authorize the
execution of the lease between the County and the City of Huntington Beach as referenced in the
Recommended Actium.
1/6/2015
GA 1239-54
Sheriff! Cozzanunications
Huntington Beach Civic Center, Huntington Beach
LESSOR
The City of Huntington Beach
41-ZWOR'
LES=
County of Orange -LWSEE-
LOCA11ON
2WO Main Street, Huntington Beach
( TTB Page 857. Grid 35)
USE
The Promises are to be used by SheriffiCommunicationa to install, operate, Maintain, and repair
800 NITh co cations radio equipmem as part of the Countywide 8W MM &yam,
Electrical power will be supplicd d=ugh the oa Building electrical system but will
be metered separately and paid for by the Co city.
DESCMIPTIGN OF PREMisEs
The facility will include an approximately 260 square foot equi ild
MW bu ing, plus one 4-foot
tlter and one $-fbot diameter microwave dish mounted on an L-shaped truss. The total leased
area is approximately 670 square fee.
TERM
20 years, cominewing on the date of execution of the Lem by the Lessor,
OFnON TO EXTEND TERM
County has the option to extend the term for two aMitioul. ten-year periods upon 6 months
notice prior to the expiration of the lease term or any extension period.
•;0V C"WOR", Z11' - I
SyMcam Page I of 2
1/6/2015
GA 1239-54
SheM/Cotxvtn micatiom
Humington Beach Civic Ceatar, Huntington Beach
Yh,
SERVICES PROVIDED BY LESSOR FOR COUNTY
Now
SMVICES PROVIDED BY COUNTY FOR COUNTY
All mai omwe and repair and utility cosw
RENTAL RATE
The renal amount is $1.00 annually.
RENTAL ADJUSTMENTS
Now
srrmcom Page 2 of 2
116/2015
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Site Plan
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STIWPLOT PLAN
Hunth"n Beach City HolI West, 800 MHz Facility Mquci Ray We OF ORANGE COUNTY 2= Main Street. HuntistWa Beach a.�a O.C.S CpLTNTY OMMUIVICAIiONS
Ro No.: GA1239-54
O.C.S.D.JCOMMUNiCATICNS
®I
1/6/2015
r• "ect Name: ROD MHz
Project Location: City of Huntington Beach
civic Center
` ProjoctNumber. GA1239-54
I I RAL
1 l; M OF THE- BOARD LEASE BETWEEN THE CITY OF HLr1,MGTON BEACH
2 MMSE tidD THE COUNTY OF ORANGE FOR EQUIPMENT ROOM SPACE
3 IN CONNECTION WITH THE COUNTYWIDE 800 MHZ
4 COMMUNICATIQN SYSTEM
6
7 THIS LEASE is made and entered into by and between the CITY OF HUNTINGTON
8 BEACH, a chartered city and municipal corpozation, hereinafter mferred to as "LESSOR," and
9 COUNTY OF ORANGE, hereinafter referred to as "LESSEE."
10 WHEREAS, LESSEE acknowledges that LESSOR owns that property described as the
I I Aldmmmtmhve building located at 2000 Main Street, Huntington Beach (hereinafter
12 "PROPERTY"); and
13 WHEREAS, LESSEE wishes to utilize a portion ofthe equipment room space in the
14 penthouse and the roof of the PROPERTY, (hereinafter referred to as "PREMISES"), as
15 described in `Exhibit A' and shown on "Exhibit B". which exhibits are attached hereto and by
lb reference made a part hereof, for radio equipment antmnae and other mutual aid radio equipment
17 if autdwrized by LESSOR for the countywide 800 MHZ communications system (the
18 Countywide Coordinated Communication System aka CCCS) (hereinafter "INSTALLATION'
19 and for no other purpose; and
20 WHEREAS, the proposed INSTALLATION, if properly installed, maintained and
21 removed will not interfere with the present use of PROPERTY by LESSOR or the public
22 generally.
e:ORee ncauqu$PM1 doe
1/6/2015
Vad
{ Projerx Name: 800 MHz
Project Lomfion: City of1hLutingon Beech
civic center
P'rojc t Numbor- GA1239-54
1 1. GRANT OF LEASE.
2 LESSOR does hereby grant to LESSEE a LEASE to enter upon and use
3 PROPERTY ofLESSOR for the purpose of constructing and maintaining INSTALLATION in
4 that equipment room space having a dimension of approximately 10' by 25' f located in the
5 PREMISES.
6 2, IBRM OF LEASE.
7 The term (TEW of this LEASE shall commence an the Date of Execution by
8 LESSM and shall expire twenty (20) years thereafter, or can August 31, 2018, whichever date is
9 later. Parties agree that the commencement date will be confirmed in writing by either party upon
10 demand by the other. LESSEE is hereby granted Options to extend the term of the LEASE on the
11 same terms and conditions for two consecutive ten-year periods commencing at the expiration of
12 the TERM In order to exercise said options, LESSEE must notify LESSOR, in writing, of the
13 exercise of each option at least six months before the expiration of the TERM or the term as
14 extended.
15 3. O.ENSATION.
16 LESSEE shall pay to LESSOR the arm of One Dollar as annual rent for so long as
17 this LEASE shall continue. in addition, LESSEE agms to pay LESSOR far electrical
18 consumption uWired by LESSEE. LESSEE'S electrical consumption will be metered separately
19 and billed to LESSEE annually. Power consumption should be measured annually using an
20 average usage meter. The usage meter shall be accessible for reading by the LESSEE. LESSOR
21 shall annually, on or about January l at of each year present an invoice to LESSEE for the rent
22 and electrical consumption; provided however, that LESSOR'S failure to present an invoice to
I16t2015
Project Name: 800 MHz '
Project Location sty of Huntington llewh
Civic Center
Project Number. GrA1239-54
1 LESSEE shall not relieve LESSEE of LESSEE'S obligation to pay such charges. LESSEE shall
2 pay each invoice within 60 days after receipt of said invoice.
3 4. ELECTRICAL POWER AIR CONDITitiN FQ _AM ACCESS.
4 A. POWER AND AIR CONDITIONING. Electrical power will be supplied
5 to the PREMISES through the Administration building power supply. LESSOR does provide
6 emergency power service to the building and agrees to continue to maintain said emergency
7 systern, provided, however, LESSOR does not warrant the availability of such electrical power
8 either from LESSOR'S electrical utility provider or through its building's systems. LESSEE, if
9 LESSEE determines that an uninterruptiblc power source providing greater certainty is required,
10 shall install such emergency power storage facilities as LESSEE deems necessary to satisfy
I I LESSEE'S needs. Notwithstanding the foregoing. LESSEE may utilize the electrical power
12 provided to the PREMISES. LESSOR will endeavor to maintain the temperature of the
13 penthouse at a maximum 70 degrees Fahrenheit and a maximum seventy percent humidity.
14 LESSOR, or LESSOR's successor -in -interest, agrees that LESSOR shall not install not
15 allow others users to install, operate, or maintain any electronic equipment on LESSOR owned
16 property, which, in LESSEE's opinion, interferes with LESSEE's 800 MHz system. LESSOR
17 shall provide LESSEE with thirty (30) days prior written notice of intent to install or approve the
18 installation of additional electronic radio equipment. Within said prior notice LESSOR shall
19 provide LESSEE with proposed radio frequency(ies) and other pertinent transmission
20 information. Within thirty (30) days after receipt of said prior notice, LESSEE shall respond to
21 LESSOR regarding any potential interference with LESSEE's 800 MHz system.
g i�rrui.duc
il
1/6/2015
4 "
1'iraject Nam goo h liz Iwo
Project Location City of Huntiugron Bach
Civic Center
Pwject)tumber. GA1239-54
I B. ACCESS: LESSOR agrees to permit access to INSTALLATION for
2 LESSEE'S employees which employees have been pre -approved by LESSOR at all times three
3 hundred sixty-five days per year. LESSEE shall periodically submit names of LESSEE'S
4 employees requiring access to INSTALLATION for LESSOR'S approval, Notwithstanding the
5 foregoing provisions pertaining to access, LESSOR may provide access by dispatching
6 LESSOR'S employees from remote facilities to open LESSOR'S building for access in the event
7 LESSOR should determine to terminate 24-hour on -site security_
8 5. ADDITIONAL OBLIGATIONS OF LESSEE.
9 A. LESSEE shall operate its system so as to not interfere with LESSOR'S
10 current or future building or communications systems.
I 1 B. LESSEE shall maintain the area under LESSEE'S control in good order
12 consistent with the general maintenance of LESSOR'S building and keep the area free of debris,
13 clutter and unsanitary conditions and any CC&Rspertaining to the PROPERTY.
14 C. LESSEE may make improvements and changes to the PREMISES,
15 including but not limited to the installation of fixtures, partitions, counters, shelving and other
16 ancillary equipment required by LESSEE only after the review and approval of plants by
17 LESSOR It is agreed that any such fixtures, partitions, counters, shelving, or equipment
18 attached to or placed upon the Premises by LESSEE shall be considered as personal property of
29 LESSEE, who shah have the right to remove same. LESSEE agrees that the Premises shall be
20 left in as good condition as when received, reasonable wear and tear excepted. Any construction
21 or installations shall conform to generally accepted industry practices and shall udlize fasteners
22 OW systems consistent with any building systems,
4
1/6/2015
q f.
Pri4ed Nano: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Projed Wumbcr. GA1239-%
i 6. EMEMNIFICATI
2 LESSEE hereby agrees to, and does hereby, indemnify and hold LESSOR, its
3 officers and employees harmless from any liability for any damage, claims, or injury of any kind
4 to any person or property by reason of the placement of INSTALLATION by LESSEE upon
5 PROPERTY or any negligent acts by LESSEE, excluding therefrom only liability arising from
6 the sole negligence of LESSOR, its officers, agents, or its employees.
7 LESSOR hereby agrees to, and does hereby, indemnify and hold LESSEE, its officers
8 and employees harmless ti um any liability for any damage, claims, or injury of any kind to any
4 person or property by reason of the placement of INSTALLATION upon PROPERTY or any
10 negligent acts by LESSOR, excluding therefrom only liability arising from the sole negligence of
I I LESSEE, its officers, agents, or its employees.
12 7. INSURtICE.
13 Without limiting LESSOR'S right to indemnification, LESSEE agrees to secure
14 prior to commencing any activities under this LEASE, and maintain during the term bf this
15 LEASE, insurance coverage as fvflows:
16 Workers' Compensation Insurance as required by Cali&unia statutes,
17 Comprehensive General Liability Insurance, or Commercial General Liability
18 Insurance, including coverage for Premises and Operations, Contractual Liability, Personal
19 Injury Liability, Products/Completed Operations Liability, Broad -Form Property Damage (if
20 applicable) and independent Contractors' Liability (if applicable), in an amount of not less than
21 One: Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an
22 occurrence form.
5
e-'�'menksn�Dmt.d�
1/6/2015
Piajeet Name; 800 MHz too
Project Location: City of Huatingtoa Beach
Civic Center
ProjectNwnber: GA1239-54
1 Each required instrm= policy shall contain the following clauses.-
2 "This insurance shall not be canceled, limited in scope or
3 coverage, or non -renewed until after thirty (30) days' prior written
4 notice has been given to the City Cleric, City of Huntington Beach,
5 2000, Main Street, Huntington Beach, California 92648,"
6 "It is agreed that any insurance maintained by the City of
7 Huntington Beach shall apply in excess of and not contribute with
8 insurance provided by this policy."
9 Each insurance policy required by this LEASE, excepting policies for workers'
10 compensation and professional liability, shall contain the following clause:
11 "The City of Huntington Beach, its officers, agents, employees,
12 representatives and volunteers are added as additional insureds
13 as respects operations and activities of, or on behalf of the
14 named insured."
15 Prior to commencing any work under this LEASE, LESSEE shall deliver to
16 LESSOR insurance certificates confirming the existence of the insurance required by this
17 LEASE, and including the applicable clauses referenced above. Also, within thirty (30) days of
18 the execution date of this LEASE, LESSEE shall provide to LESSOR endorsements to the
19 above -required policies, which add to time policies the applicable clauses referenced above.
20 Said endorsements shall be signed by an authorized representative of the insurance company and
21 shall include the signator's company affiliation and title. Should it be deemed necessary by
22 LESSOR, it shall be LESSEE'S responsibility to see that LESSOR receives documentation
6
1/6/2015
Aajett Name: IN MHz
Project Location: City of Huntington Beach
Civic Center
PmjectNnnber: GA1239-54
I acceptable to LESSOR which sustains that the individual signing said endorsements is indeed
2 authorized to do so by the insurance company. Also, LESSOR bas the right to demand, and to
3 receive within a reasonable time period, copies of any insurance policies required under this
4 LEASE.
5 In addition to any other remedies LESSOR may have if LESSEE fails to provide
6 or maintain any kaun c policies or policy endorsements to the extent and within the time
7 herein required, LESSOR may, at its sole option;
8 A. Order LESSEE to stop work under this LEASE unW LESSEE
9 demonstrates compliance with the requirements hereof, or
to B. Terminate this LESSEE.
I 1 Exercise of any of the above remedies, however, is an alternative to other
12 remedies LESSOR may have and is not the exclusive remedy for LESSEE'S failure to maintain
I3 insurance or secure appropriate endorsements.
14 Nothing herein contained shall be construed as limiting in any way the extent to
15 which LESSEE may be held responsible for payments of damages to persons or property
16 resulting from LESSEE'S or its subcontractor's performance of the work covered under this
17 LEASE.
19 LESSEE may, at LESSEE's sole discretion, self -insure to meet the insurance
19 requirements of this Section 7. INSURANCE.
20 H. COMP.j.,IANCE `WITH LAW,
21 LESSEE agrees to so install and maintain INSTALLATION so as not to cause
22 any interference whatsoever with the use of PROPERTY by LESSOR and to maintain such
7
1/6/2015
Project Name: Soo MHz
Project Location: City of Huntington Beach
Civic Center
ProjeetNwnber. GA1239-54
t clearances are required by law or ordered by LESSOR from other LESSOR or other private or
2 public utilities. LESSEE agrees to comply with all applicable State and local laws in the
3 installation, operation, maintenanoe and removal or destruction of INSTALLATION. LESSOR
4 does not warrant the continued pathways for LESSEE'S communications systems to or from the
S building nor the compatibility of LESSEE'S INSTALLATION with current or future
6 installations LESSOR may install.
7 9. TERMINON.
8 A. LESSOR may, at its sole discretion, terminate this LEASE at any time by
9 giving LESSEE at least twenty-four months written notice of termination.
10 R. LESSEE may, at its sole discretion, terminate this LEASE by giving
1 I LESSOR at least ninety days notice of termination.
12 10. MSTAUATION OF FIMM BY LESSOR.
13 LESSOR agrm to install, within ninety (90) calendar clays of the Date of
14 Execution by LESSOR, those certain futures including electrical receptacles, cable tray, wall
15 penetrations, heating and air-conditioning, motorized exhaust fan, and motorized louvers, all as
16 shown on Exhibit C on file in the Office ofMaintename Administration.
17 11. CONDITION OF PR_ EMISF.S UPON TERMI]hi ]a .
l8 Upon expiration or termination ofthis LEASE, from whatever cause arising,
19 LESSEE shall remove all of LESSEE's personal property and return the PREMISES to the
20 condition of the PREMISES at the commencement of the TERM normal wear and tear excepted.
21 LESSEE hereby irrevocably grants to LESSOR the right to remove INSTALLATION at
gm�eert�uipret.dac
8
1!8l2015
Project Name: 900 MJUNINO
Project Location: City of Him ington Reach
Civic Center
Project Number. CiA1239-54
1 LESSEE's expense in the event LESSEE should fail to remove INSTALLATION as required
2 herein-
3 12. NO PROPERTY INTFRF51'.
4 LESSEE agrees that the use of the portion of PROPERTY for INSTALLATION
5 will in no way create any right whatsoever in LESSEE which is adverse to any rights of
6 LESSOR, that the rights of LESSEE are the rights herein given by this LEASE and no other
7 rights whatsoever. This LEASE shall not be recorded in the Office of the County Recorder.
S 13. ASSIGNMENT.
9 Neither party may assign its rights under this LEASE without the written consent
10 of the other party.
11 14. QM9ZAIING LAW,
12 This LEASE shalt be construed in accordance with the laws of the State of
13 California. LESSEE shall comply with all applicable laws in the installation, maintenance, and
14 operation of INSTALLATION including the ordinances and Charter of LES SOR.
I5 15. NO'tllilt - PAR'1"Y RIGHTS.
16 The parties to this LEASE intend to create no rights in, or to grant any remedies
17 to, any third party as a beneficiary of this agreement.
19 16. TAXES AND ASSESSMENTS.
19 All taxes and assessments which become due and payable upon the PREMISES
20 shall be the full responsibility of LESSOR, and LESSOR shall cause said taxes and assessments
21 to be paid prior to the due date.
9
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1/6/2015
Project Name. Soo MHz
Project Location: City of Huntington Beach
Civic Center
PtojectNumber: GA1239-54
1 17, BUILDING AND SAFETy REOUIREMENTS.
2 During the full term of this LEASE, LESSOR agrees to maintain the Premises in
3 compliance with all applicable building codes, statutes, and orders as they are applicable on the
4 date of this LEASE, and as they may be subsequently amended,
5 18. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE.
6 If either party hereto shall be delayed or prevented from the performance of any
7 act required hereunder by reason of acts of God, performance of such act shall be excused for the
8 period of the delay; and the period far the performance of any such act shall be cxtended for a
9 period equivalent to the period of such delay. Financial inability shall not be considered a
10 4.1rcumstance excusing performance under this LEASE.
11 19, DYER OF RIGHTS.
12 The failure of LESSOR or LESSEE to insist upon strict performance of any of the
13 terms, conditions, and covenants in this LEASE shall not be deemed a waiver of any right or
14 remedy that LESSOR or LESSEE may have, and shall not be deemed a waiver of any right or
15 remedy for a subsequent breach or default of the terms, conditions, and covenants herein
16 contained,
17 20, HAZARDOUS MAT LS.
Is LESSOR warrants that the Premises are free and clear of all hazardous materials
19 or substances,
20 21..ARTHOIjAKE,SAFETy.
21 LESSOR warrants that the PREMISES is in compliance with all applicable
22 seismic safety regulations and building codes.
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[v
1/6/2015
Project Name: 800 MHz
Project t.ocetian: City of Huntington Beach
Civic Center
Project Number. GfA1239-54
1 22. LABOR CODE CONMIANGE.
2 LESSOR acknowledges and agrees that all work on physical modifications
3 required to be performed as a condition precedent to the commencement of the terms of this
4 Lease or any such future work performed by LESSOR at the request of LESSEE shall be
5 governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7,
is Division 2 of the Labor Code of the State of California (Sections 1770, et seq.). These
7 provisions are not applicable to modifications costing not more than $1,000.
8 Pursuant to the provisions of Section 1773 of the Labor Code of the State of
9 California, the Orange County Board of Supervisors has obtained the general prevailing rate of
I0 per diem wages and the general prevailing rate for holiday and overtime work in the locality
I I applicable to the Lease for each craft, classification, or type of workman needed to execute the
12 aforesaid structural modifications from the Director of the State Department of Industrial
13 Relations. LESSOR herein agrees that LESSOR shall post, or cause to be posted, a copy of such
14 wage rates at the jobsite and shall pay the adopted prevailing wage rates, Copies of said
15 prevailing wage rates may be obtained from LESSEE's Orange County Sheriffs
16 DepartmentdIcat Estate. In addition, LESSOR shall provide continuously updated certified
17 payroll records to LESSEE.
18 Except as expressly set forth in the Lcasc, nothing herein is intended to grant
19 authority for LESSOR to perform construction work on space currently leased by LESSEE or for
24 which LESSEE has entered into a ]rase or lease amendment.
11
�1�yoemea+Wv�pmt.dce
1/6/2015
Project Name: goo MHz
Project Location: City of Hundngton Belch
Civic Center
Project Number: GA1239-54
i 23. HOLDING OVER,
2 In the event LESSEE shall continue in possession of the PREMISES after the
3 team of the LEASE, such possession shall not be considered a renewal ofthis LEASE but a
4 tenancy from month to month and shall be governed by the conditions and covenants contained
5 herein.
6 24. TIME,
7 Time is of the essence of this LEASE.
a 25. NOTTCES
9 Any notice pertaining to this LEASE required or permitted to be given by law or
10 this LEASE may be given by delivering said notice to the party at the following address:
11 County of Orange City offluatington Beach
12 O.C.S.WCOMMUN1CATIONS Attn: City Clerk
13 Attn: Mgr., Communications 2000 Main Street
14 840 N. Eckhoff Street, Ste. 1 o4 Huntington Beach, CA 92648
I5 Orange, CA 92869-1021
16
17 26. INVALIDITsI.
Is If any provision, term, covenant, or condition of this LEASE is determined by a court of
19 competent jurisdiction to be invalid, void, or unenforomble, such invalidity shall not affect the
20 remaining provisions.
12
2A%M rtxt*4M[.dac
1/6/2015
Project Dame: Sao MH?
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 27. ENTIRE AGREEbMa.
2 This writing constitutes the entire agreement between the parties with respect to the
3 subject matter hereof, and supersedes all oral or written representations or written agreements
4 which may have been entered into between the parties. No modification or revision shell be of
5 any force or effect, unless the same is in writing and executed by the parties hereto.
b 28. EFFECTIVE DATE AND AIITltOgIly.
7 The signators hereto represent that they hold the positions set forth below their signatures
8 and that they are authorized to execute this LEASE on behalf of their principals and to bind their
9 principals thereto, Unless a different date is provided in this LEASE, the effective date of this
10 LEASE shall be the latest Date of Execution hereinafter set forth below the names of the
I l signators hereto.
12 1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
13 on the dates hereinafter respectively set forth
13
F�Rn•ilanonrince�rrh ncnn�• rnrntawrcnsrrF�tlmann\rmunr acnv
1/6/2015
Project Name: 800 MHz
Projet Location: City of Rmfingtoa Reach
Civic Ceow
ProjeaNmnber: GA1239-34
APPROVED S TO FORM:
.. A � � � -
Gail Elution, City Attorney
.49"Dated:. 10 7 q s,
t.mm
M
"LESSOR"
CITY OF HUN71NGTON BEACH, A
municipal corporation of the State of
California
E0
Dated:_ 0
ATTEST:
City Clerk
Dated: 4%/41;y^ o�S /53f
14
1/6/2015
Ptvjwt Names 900 MHz
Project Location: City of Hnmington Beach
Civic Coater
Project Number, GA1239-54
1
RECOMMENDED FOR APPROVAL:
2
3
O.C.S•D.1COMMUNICATIONS
4
5
By: 8 9
6
7
3
O.C.S.DJREAL ESTATE
9
10
By: �
11
Real P arty Agent
12
13
SIGNED AND CERTIFIED THAT
14
A COPY OF THIS DOCUMENT HAS
15
BEEN DELIVERED TO THE CHAIRMAN
COUNTY OF ORANGE
16
OF BOARD OF SUPERVISORS
17
#R
18
19
Darl J, loam I
-
Chairman, board of Supervisors
20
Clerk of the Board of Supervisors of
"LESSEE„
21
Omnge County, California
22
JEP I Uibi,
SEP i Im
23
DATED: _
DATED:
�:+�goemnakquipol Aac
15
1/6/2015
LEASE DESCRIPTION (11.1 S)
PROJECT NO: GA 1239-5$ DATE: July 28, 1998
PROJECT: CCCS 800 Wh System WRITTEN BY; RGW
All the premises shown crosshatched on a plot plan marked Exhibit B, attached hereto
and made a part hereof, being a portion of that certain two (2) story building located at
2000 Main Street, also described as Adrnimstration building, in the City of Huntington
Beach, County of Orange, State of California, located in Blocks 1903, 2001, and 2002
of Tract 12, as shown on a map recorded in Book 9, Page 13 of Miscellaneous Maps in
the office of the County Recorder of the County of Orange.
P10 1 :i -3j l
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Site Plan
NUNTMTON KAt PDADVE SITE
2000 MAN STREET
HMTUIC?M MACK CAC IA 226M
EAST
ADMINISTPA110i4 BU I LDI '45 ROOF
SOLM
Plot Plan
Sr"LOT PLAN
Min Ington Beach City Ffall West, SM MHz Facility ►www; PAY wwo COUNTY OF ORANGE
2M Main Street, Huntington Beach cld.L. O.C.S.D.1COMMUNICATIONS
File No. • GA 1239-54
O.C.P.D./COMMUNICATIONS EXHIBIT B D. mnm
1/6/2015
vo EXHIBIT A
CO CATIONS ROOF -MOUNTED PERFORMANCE
SPECIFICATIONS
SECTION 13100
PART 1.00 GEN
1.01 D ESC BON
A This is to desism fabricate, and erect a Wfm fiWk kw4ex roof'-v� *am for
comzUtdcations antwith ski tiaras 8U10ma and tmcnawave dish m
ounthm
modifications to the rooftop to support the antetsna support system ors an odsom
hlilft in a zone 4 seim is area located at the Huntington Beach CMc Center at 2000 Main Street
in the City of Hutttfnttton Beach.
1.02 SCOPE
A SCOW Labor, matcnak trs =rtation, ettuiptaem and erNPOMMto completely desipp,
fitbricate and erect a 16-foot high, fmv4e& rodmounted &ease w1d its assomatad support system ibr
radio cxtaran c8b= amermas, mciudM but trot !it>'ei W to:
1. Stuctutal and fabrications of rod-momted ftna to specfficatiom,
2. Structural design and ' 'on efass dated support for roof -mourned frame.
3. Sality plltb= on roof-mourutd iizne,
4. Antenna supports with spacial mounting brackets.
5. Itrstaliation of antanng support system atMi modificatiow to rod -top.
1.03 QuWfty Assumee
A. D+esip n, fi&ication and erection shalt he In accordance wins the latest edition of the moles
hidusoy Association (E.1 A-) S RS-222 (oxocpt in the gres of wind loaft. tower twist and
sway rcquiremem that as defined in thia spccffimtion excW the mitfumm B.I.A. Staadardl the
American e of Steel Construction (A.1. S.C.) Specificadons and the American Concrete lttftle
(AC.I.) Buik&g Code Requiranwm, WhOm A c nflict may exist betweari codes, the mom stringent
shall prevail.
CUMMMCATIONS TOWER 13100-1
1/6/2015
B- DeliFA fabrication and inatatfiWon of the roofaz mnteci aMana pp dame and its
assorwted support syst= shall be by a sirs* source numIkum with scant atPereerm who has bm mXANIy etneRed in the desiRt% fabrication and installation of cmrrmnicadoes and/or tni=wave
eat m sapport sysierm for a ntini"Mm of ten pears.
C. lrstalledian d root -muted mmruta Support beau wd its support system align be the 9ok3
fMcnsMtty ofthe MM&Mw and shall be exemmd by and under the direction of the
TU mmufuhm MaY aWW an amamced ere= vft shall Wfam tbmo taco for and under the
�ptideexoe afttue MarmAchrer but who dmff have a mieint€mt of free yan and be rmoderly
is sboe ia�llatian of cati and/or mwmvreye &,steams a pport sy�g up* to the
of work rtxntited in this Spepflction If an erector is ratained by the mmdkture. con=ctor
hatl asatbtait thus ermtoc'S qua88cadons to " COumy and OCS,pICODivisian for its
apprVvel prior' to cxnnmc M of work- inctaiiation of roof flame and its m4Mft sysamt shay
met aR t$p c d0M ar tesdM as required by the Catraty oformW or other WMinx codes that dl=
the imallation of structural support systems,
1.04 Submittal
A A mupkte Be of plans and m= &r frame and if su1
syttetn shalt be wbrnitted to OCSDlCoamutr "lion for co prior to
fabrication or submittal to the Cory ofomnWEmri =nmt d
Services dldaisi L The plans 3ha0 show pint of ell platfbttsts and
MWW& of of each. Allow am week for review m1d any n reviews It
carram required, �'�
y
1.05 Product Storage
A, Al parts shall be stored only in an approved [omen
PART 2X0 PROZIU r
A- Exom as othervm spedited, provide and install roof mounted frame arai Its support system
u mamAwWred by:
MICROFf_ECT, 3575 25th Sued &E, Saran won 97309-0985, (503) 363-9267
2. 'POWER STRUCTURES, 1869 Nirvam Avenue, Onda Vista, California
92011,(619)421-1181
COMMUNICATION'S TOWER 13100-2
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1/6/2015
3. FWT lnc 1901 East LOW SM South Foci Wank Texas 76112-7899
1-800-03-1816 Fax (817) 429-6010
or conWered ertu'd tlrat shaft require trios' approval by the OCSD/Coramutdcadons Division
241 Fjqommering
A Plans and structural calpilations cartified by the Professional Sttu WAl EjWneer of record
in the State of CaWbrrja, sW be provided and ctleall be included in the con of the Pralmt
Tho mo&motmied frattre and its fart Wamn design critmiia shaft confomt to the 1994 Unity
Bdd!M Code and mact the butt Tower Requhveats (2,03), whichever' is greater for auh desio
issue.
B. Puns anti AA be R&ntted to the County of Orange Enw
mmenW
h3sna$ tt Services Division for approval and a permit obtained price to
tabrkmfion.
IN ted Fmwc Requbvmeaft
A Rod -mounted Rine and its support systern shall be HOT DIP GAiVAN1ZFD per ASTM
A123 after fibVicW011 end all hardware per ASTM A153. C,afvalloy all comediam of the scrp W
sy = after 'ffmWlalion. All steel and hardware used in the conatntction of the root mounW fire
and its support system shall be Amesican mezde. Manufacturer and suptdser shall provide cxadfscation.
Ruff -mounted fixtic, its MPPO't system and all ansetma mounting brackets shall be unpaimed. Twist
and sway shaIl not euceed 0.40 deam at microwave dish antenna Mounting points. All
om
cmmutieadons antam mounting strutaures shall provide for anteetttas to be mourned in a plumb
Position.
B. The roof-inounted freers shall be 16-tit in height and shall be of four Ie% constructim The
exx Wm `C" deign criteria for the mot -mounted S acne and its suuport stn=m shall be for a basic
wind speed of 100 mile per ice loading of noire and shall be for sorts 4 seiarnic area in
amordance with the 1994 URIfOrm BWW=Code. The roof-mo�urm9d fr m sMU be of vertical
=Struction for the embre 16-flier. The 16-fm verrdcal construction Shall be 120 its be�een IN
on theIM4suck and 94 'Irldm on the AhOft sidt Each leg, (test above the mounting flange, Shall
hNme a la -Inch for attadmient of theqrounfta mtem.
C. The roaf-m=ed fi=e Aa be consin=cd unth anctle and shall have thtee bays. Frama
have tracing at &a &&a hdoit and the mounting bav shall be from the 124bot IeW to the I
level. TV "Rn sh2fl follow thal of the 7 figm as produced by Mic rodent Tom Cc rmmy of Sdan
om
COMMUNICATIONS TOWER 13100-3
i/WO15
D. Work Platforms shall be installed inside the rootarounted fi_trne at the 12.fbot Ievel ntrminq
from the 10-Foot side ofthe root mounded frame to the 7-root side at le
st #1 and #3. Frame shot! have
o4x is for ' i on leg #4.
E- The art nxia mf-mowgW fitttne and iffi wstxdated suPpt systttrt shalt be instaIIed as
depuxed in dtawir�q irusiuded whit this ap Ca2ioa The northwest corner of the fiwm shall be
cxnt Wered leR *a contnue in a dockwim mazvnx with lest # 4 beitq the moat
hwestedy leg.
F. MouaftgnCUM forallachtnelltof Mkwwrm dish aaw= &W be Provided sad titan be
$7 "Ied on
at the time of'inslatfa M' M aowave be inaudw an raga one
apcf three andthe of4 1/2" �De 100 incites in iestgtlt F'tpe s above fratrm 48 irtcitas
acid shall be attacfW to the fiarne at the top level and at the 124bot ievdl.
G, Coitimurikafi= anterm mmtrtt for the transmit shall be 2 31r pity sidamounted ca the
frame and shall vaend twenW6fow incites above the frame haft, COMMumonsantenna me ntt far
the ramr-mar shall be vedW ammmueted of pipe dewin size so as to provide stnichual
for ft antearta and service dimb* and shall be attached to the roof-tnatutted fume for
So and Metal -throat atabihty. Ttsis njou >t shall extend gbow the frame structure 22-$bt and step -
bolts for climber shall be instaged. The tap 30-inter shall be 2 318" inch pipe.
K Use of Andrew LDF5.50A coaxial cable shall be considered as spec&W for standard
commu nIC21tons arRe = instatimom and Andrew EW63 Elliptical wavagtgde amdered asgomfied
for nd=wave dish batallations.
2.044 Ded.p Loading
A Loading at the 15-fzsot level shall be: one ea& eight -toot- high.perforrnance mjcionve dish
antenna on lest #1 with an azimuth of315.550. ate each -tact,bigh-PeffimnAnCE alknYwave dish
anteaas an leg #3 an of 150.15°, one eadL Cdwave PD 10164 anterata for the transmt t
mowrted at 248bmfiratrte level bet"m lee #2 and #3 The mounft of the reedver wertm shall
be an the spatially constixxted mount and Shari be mounted 22.1bot above the 161M fame level.
3 41 EaspKilon
A- Ilse ,erecter shall inapocx the site to verify the to erect the roof-rnmMed frame anal its
mated �pert in the deignated location t- ftUbe taken to erect the tower In such a
tnaa=that Shmild nmMial or agWPmant fall, it will rau c0111C to contact with any exisdn buifd
structure. R inq or
t uLtMONICATION3 TOWER 131W-4
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3.02 Emden
k=nted fume and its aumbted sw= sti+ = ejection shall be in strict accordance
"i h 'a moons.EMftr shall be rMonsWe fur demon and avWM of
t $ and s#M ft as may be mquited nnW el manbers ans in Mace and s=MW to form a
W&Sup =iL
a��
A FM= artax shall rem all debris aW ft*== fmm the butdation site upon coffin
ofkMagadon.
COMMUNICATIONS TOWER 13100
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SIIERIFF-CORONF.RiDF;PARTM!F�-1 �H. CA
COUNTY OF ORANGE
CALIFORNIA L"' ,,;;
MICHAEL S. CARONA
SHERIFF -CORONER
800 MHz Countywide Coordinated Communications System
GOVERNANCE COMMITTEE
CHAIRMAN, Allan L. Roeder. City Manager, City of Costa Mesa VICE-CHAIRMAN, Michael S. Carona, Sheriff -Coroner
Robert C. Dunek, City Manager, City of Lake Forest William A. Huston. City Manager. City of Tustin
William Mahoney, Depury CEOIGovernment and Public Services David Rearm. City Manager. City of Santa Ana
Bob Wilson. Direclornnlernal Services Function, Resources and Development Manaaemenl Department
August 2, 2005
To: Orange County City Managers
From: Allan L. Roed Chairman
800 MHz Governance Committee
Subject: 800 MHz CCCS Joint Agreement
On February 1, 2005, the updated Joint Agreement for the Operation, Maintenance, and
Financial Management of the Orange County 800 MHz Countywide Coordinated
Communications System (CCCS) was sent out to each city, the Orange County Fire Authority
and the Orange County Transportation Authority for approval and signature.
li_
The agreement has now been approved by each entity. Attached for your records is a copy
ofAhe approved Joint Agreement and the signature pages from the 34 cities, Orange County
Fire Authority and Orange County Transportation Authority. The original Joint Agreement
and signature pages will be retained by the Clerk of the County Board of Supervisors.
As a matter- of record, we have also attached a copy of the fully executed Amendment to the
Joint Agreement for the Implementation and Operation of the Orange County 800 MHz
CCCS, which was approved in 2003.
If you have any questions, kindly direct them to Susan Markey at (714) 704-7905. Thank you
for your assistance in processing the agreements through your councils/boards.
Attachment
cc: City Clerks
OCSDICOMMUNICATIONS, 840 N. ECKHOFF ST., STE. 104, ORANGE, CA 92868-1021
JOINT AGREEMENT
FOR THE
OPERATION, MAINTENANCE, AND FINANCIAL
MANAGEMENT
OF THE
ORANGE COUNTY
800 MEGAHERTZ
COUNTYWIDE COORDINATED COMMUNICATIONS
SYSTEM
NOVEMBER 2004
Joint Agreement Nov2320N Final
TABLE OF CONTENTS
I. SYSTEM...............................................................................................................................I
2. DEFINITION OF TERMS....................................................................................................2
3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM ............................3
4. OPERATIONAL POLICIES — FIRE SUBSYSTEM...........................................................3
S. OPERATIONAL POLICIES -- LIFEGUARD SUBSYSTEM.............................................4
6. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEM......................................4
7. OPERATIONAL POLICY... .......................................... ...................................................... 4
8. OPERATIONAL POLICY REVIEW.....................................................................
9. MUTUAL AID......................................................................................................................6
10. RELINQUISHING EXISTING OPERATING CHANNELS..............................................7
11. SYSTEM TECHNICAL MANAGEMENT..........................................................................8
12. SYSTEM MODIFICATION COST APPROVALS.............................................................9
13. CONTRACTS..................................................................................... ......10
..........................
14. EQUIPMENT FACILITIES AND STRUCTURES...........................................................I 1
15. SYSTEM MODIFICATIONS AND COST SHARING .................................. ....I I
16. ADDITIONAL PARTICIPATING AGENCIFS/USERS OR CONSOLIDATION
OF PARTICIPATING AGENCIES....................................................................................16
17. LIABILITY............................................................................................18
18. GOVERNANCE COMMITTEE.........................................................................................18
19. AGREEMENT AMENDMENT PROCESS.......................................................................19
20. WITHDRAWAL FROM SYSTEM....................................................................................19
Joint Agreement Nov232004 Final
JOINT AGREEMENT FOR THE
OPERATION, MAINTENANCE AND FINANCIAL MANAGEMENT OF THE
ORANGE COUNTY
800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
This Agreement is entered into on , 2005 by and between the Parties listed on Exhibit"A"
which is attached hereto and incorporated herein. This Agreement replaces the 1996 Agreement
as amended, and to the extent there is a conflict, this Agreement controls. Exhibit "A" identifies
the Parties to the Agreement. Exhibit "B" identifies the Partner Agencies currently operating on
the system. Exhibit "C" identifies the current Mutual Aid operations on the system as approved
by the appropriate body (Orange County Chiefs of Police and Sheriffs Association
[rDCCOPSA], Orange County Fire Chiefs' Association [OCFCA], Orange County Public Works
Committee [OCPWC], or Orange County Lifeguard Committee [OCLC]). Exhibit "D" identifies
those Participating Agencies that have joined the system as everyday users but were not original
Partners on the system. Partners and Participating Agencies on the 800 MHz CCCS are limited
it) public entities.
F.ECITALS:
Whereas, the initial installation and implementation of the 800 MHz Countywide Coordinated
Communications System (800 MHz CCCS) has been completed; and,
Whereas, the Parties to the Agreement want to define operational, technical and financial
requirements and guidelines going forward; and,
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, has been implemented in
the County of Orange. Said System is described in Contract No. S0000015.95 for
an 800 MHz CCCS, dated September 19, 1995. and related Amendments No. 1, 2,
3, 4, 5 and appropriate change orders.
The Parties hereby designate Orange County Sheriff -Coroner Department
(OCSD)ICommunWations Division as the "Lead Agency" in maintaining and
enhancing the System.
Joint Agreement Nov232004 Final Page I
2. DEFINITION OF TERMS
"Contract City" is defined as a city receiving law enforcement, lifeguard, public
works or fire services from the County or any Partner 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 Partner Agencies, responsible for approving
cost modifications_ Exhibit "A" provides a list of City, County, and Orange
County Fire Authority administrators representing these bodies.
"Law Enforcement Agency" is defined as all governmental Law Enforcement
Agencies operating primarily within the limits of Orange County, as follows:
Orange County Sheriffs Department, Orange County City Police Departments,
Orange County District Atiomey's Office, and Orange County Probation
Department.
"Lifeguard Agency" is defined as, and shall include. all governmental lifeguard
agencies operating primarily within the limits of Orange County.
"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 Partner or Participating Agency. Guidelines
for the approval of a mutual aid provider have been developed and are available to
OCCOPSA, OCFCA_ OCPWC and OCLC as needed.
"Net" is defined as a group of Partner Agencies who operate a joint dispatch
center, or a combination of radio dispatch talkgroups used by a fixed group of
Partner 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 Participating Agencies.
"Participating Agency" is any agency identified in Exhibit D that would not have
a role in defining the operation of the 800 MHz CCCS, but would pay to join the
system based on a predefined allocation.
"Partner Agencies" are those agencies identified in Exhibit "B" that have joined
the 800 MHz CCCS for everyday use since its original inception and are
operating on the 800 MHz System.
Joint Agrecrnent Nov232004 Final Page 2
"Parties" are those public entities which are listed in Exhibit "A."
"Public Works Agency" is defined as, and shall include, all County or City
departments that perform public works functions, other than those defined as a
Law Enforcement, Lifeguard or Fire Agency. Public Works Agencies include,
but are not limited to, Public Works Departments, Municipal Utility Departments,
and County agencies including Resources and Development Management
Department, John Wayne Airport, Health Care Agency, and Integrated Waste
Management Department, and public works functions within County operations
such as the Transportation and Facilities Operations functions with the Sheriffs
Department and Probation.
"Subsystem" is defined as one of four 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, the Lifeguard
Subsystem and the Public Works Subsystem.
"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 radio infrastructure equipment, microwave
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.
?i. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM
The Orange County Chiefs of Police and Sheriffs Association (OCCOPSA) is an
established organization composed of representatives from the Sheriff's
Department, City Police Departments, District Attorney's Office and Probation
Department. The OCCOPSA Communications Committee has been delegated by
OCCOPSA the responsibility for operational policy development for the Law
Enforcement Subsystem. Partner and Participating agencies agree that
operational policy for the Law Enforcement Subsystem shall be developed by the
OCCOPSA Communications Committee and ratified where appropriate by the
OCCOPSA, in accordance with the terms and conditions of this Agreement.
4. OPERATIONAL POLICIES — FIRE SUBSYSTEM
The Orange County Fire Chiefs' Association (OCFCA) is an established
organization composed of representatives from the Orange County Fire Authority
and City Fire Departments. The OCFCA Communications Committee has been
delegated by OCFCA the responsihility for operational policy development for
the Fire Subsystem. Partner and Participating agencies agree that operational
policy for the Fire Subsystem shall be developed by the OCFCA Communications
Joint Agreement Nov232004 Final Page 3
Committee and ratified where appropriate by the OCFCA, in accordance with the
terms and conditions of this Agreement.
5. OPERATIONAL POLICIES — LIFEGUARD SUBSYSTEM
The Orange County Lifeguard Committee (OCLC) is an established organization
composed of representatives from the City and County Lifeguard Departments.
The OCLC Communications Committee has been delegated by OCLC the
responsibility for operational policy development for the Lifeguard System.
Partner and Participating agencies agree that operational policy for the Lifeguard
System shall be developed by the OCLC Communications Committee and ratified
where appropriate by the OCLC, in accordance with the terms and conditions of
this Agreement.
fi. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEM
The Orange County Public Works Committee (OCPWC) is an established
organization composed of representatives from the City and County Public Works
Departments. The OCPWC has been delegated the responsibility for operational
policy development for the Public Works Subsystem. Partner and Participating
agencies agree that operational policy for the Public Works Subsystem shall be
developed by OCPWC and ratified where appropriate, in accordance with the
terms and conditions of this Agreement.
7.0 OPERATIONAL POLICY
7.1 Law Enforcement Subsystem
The administration and ongoing development of the Law Enforcement Subsystem
operational policy has been delegated to the OCCOPSA Communications
Committee. That Committee reports to the OCCOPSA. Policies developed by
OCCOPSA for the operations of the Law Enforcement Subsystem shall ensure
that each participant is treated equitably and has sufficient communications
capability to meet its legitimate needs. Any dispute between Partner and
Participating Agencies over operational policies shall be reviewed by the
OCCOPSA Communications Committee, and if not resolved, then reviewed by
the OCCOPSA. Any unresolved dispute may be appealed to the Governance
Committee for final decision.
7.2 Fire Subsystem
The administration and ongoing development of the Fire Subsystem operational
policy has been delegated to the OCFCA Communications Committee. That
Committee reports to the OCFCA. Policies developed by OCFCA for the
operations of the Fire Subsystem shall ensure that each participant is treated
equitably and has sufficient communications capability to meet its legitimate
needs. Any dispute between Partner and Participating Agencies over operational
Joint Agreement Nov232004 Final Page 4
policies shall be reviewed by the OCFCA Communications Committee, and if not
resolved, then reviewed by the OCFCA. Any unresolved dispute may be
appealed to the Governance Committee for final decision.
7.3 Lifeguard Subsystem
The administration and ongoing development of the Lifeguard Subsystem
operational policy has been delegated to the OCLC Communications Committee.
That Committee reports to the OCLC. Policies developed by OCLC for the
operations of the Lifeguard Subsystem shall ensure that each participant is treated
equitably and has sufficient communications capability to meet its legitimate
needs. Any dispute between Partner and Participating Agencies over operational
policies shall be reviewed by the OCLC Communications Committee, and if not
resolved, then reviewed by the OCLC. Any unresolved dispute may be appealed
to the Governance Committee for final decision.
7.4 Public Works Subsystem
The administration and ongoing development of the Public Works Subsystem
operational policy has been delegated to the OCPWC. Policies developed by
OCPWC for the operations of the Public Works Subsystem shall ensure that each
participant is treated equitably and has sufficient communications capability to
meet its legitimate needs. Any dispute between Partner and Participating
Agencies over operational policies shall be reviewed by the OCPWC. Any
unresolved dispute may be appealed to the Governance Committee for final
decision.
7.5 Standard Operating Procedures
Except as provided in Section 11.3 ("Security"). individual subsystem operational
policy, as well as policy affecting all users, shall be published in the 800 MHz
CCCS Standard Operating Procedures (SOP). The SOP will be the source of all
radio system operational policies and procedures established by the various
subsystems. The SOP is maintained by OCS13/Communications and will be
updated any time an approved change is made to this document.
7.6 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 law/fire/public works non -life threatening operations
when and if it is necessary to establish System priorities.
Joint Agreement Nov232004 Final Page 5
8. OPERATIONAL POLICY REVIEW
To ensure that operational policy developed by the various individual Subsystems
is compatible with all of the other Subsystems, such policy shall be subject to
review by all other Subsystems and OCSD/Communications when appropriate.
Review would be required when policy is developed that crosses over into another
Subsystem. Review is not required when policy is developed that is specific to
one Subsystem only. A thirty (30)-day review period prior to policy
implementation shall be observed in order to ensure appropriate time for review.
Exceptions can be made when the policy is of an emergency nature and
immediate implementation is necessary for safety purposes. All emergency
exceptions shall be reviewed by the appropriate Subsystems as described above
within the thirty (30)-day period.
The intent of this review is to assure that decisions made by any one subsystem do
not adversely affect the operation of any other group and to promote and ensure
intcroperability and compatibility.
9. MUTUAL AID
9.1 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 Partner and Participating Agencies
within Orange County and Partner and Participating Agencies outside of Orange
County. All Partner and Participating Agencies shall comply with the operational
policies of the Mutual Aid Plans described in Section 9.2.
9.2 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 MNz
National and State Mutual Aid Channels
This plan is required by the Southern California 800 MHz Regional
Communications Plan and, together with any plan modifications, must be
approved by the State of California Office of Emergency Services,
Telecommunications Advisory Committee. The plan in effect on the date of this
Agreement is on file with the OCSD/Communications Division. Any proposed
modifications to the plan must be reviewed and approved by the Governance
Committee, if needed, prior to submission to the State.
Joint Agreement Nov232004 Final Page 6
Orange County Mutual Aid Plan for the Use of the 800 MHz Local Mutual
Aid Channels
The plan was prepared by OCSD/Communications Division and approved by the
Partner and Participating Agencies, based upon approval by OCCOPSA, OCFCA,
OCPWC and OCLC, as appropriate.
9.3 Mutual Aid Priorities
Partner and Participating Agencies who from time to time have need to
communicate with Law Enforcement or Fire Agencies during 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-to-day operations of said non -Law
Enforcement and non -Fire Partner and Participating Agencies on a non -
interfering, prioritized basis. This use shall be subject to approval of OCCOPSA
and the OCFCA as it affects their respective communications.
10.0 RELINQUISHING EXISTING OPERATING CHANNELS
Existing Partner and Appropriate 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 21, 1989
for the implementation of new systems using the 800 MHz spectrum, require that
Partner and Participating Agencies that transfer operation to the new 800 MIlz
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.
Partner and 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 thirtv (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 Partner and 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, Partner and 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.
.point Agreement Nov232004 Final Page 7
Any city that does not have a 460 MH2 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.
11.0 SYSTEM TECHNICAL MANAGEMENT
Proper operation of a modern, trunked, multi -channel communications System
requires centralized technical coordination. OCSDICommumcations Division has
established a 24-hour System Watch at Loma Ridge to assure seamless operation
of this complex system. The infrastructure for this System is currently housed in
24 separate radio sites, with Loma Ridge serving as the master site.
11.1 Technical Liaison Committee
The 800 MHz Technical Liaison Committee is utilized to develop the technical
operation policies and procedures of the System. This committee is composed of
sworn, technical and operational personnel of County and City Law Enforcement,
Fire, Lifeguard and Public Works operations involved in the 800 MHz CCCS.
11.2 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
continue to be reviewed and evaluated. Said standards shall be approved by the
Technical Liaison Committee and all Partner and 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.
11.3 Security
Any authorized user of the 800 MHz CCCS shall be required to protect the
security of the system and its users by complying with the policies set forth in the
"Security Plan for the Orange County 800 MHz Countywide Coordinated
Communications System" document. Responsibilities include, but are not limited
to, adhering to the LostiStolcn/Missing Radio Procedure, providing physical
security for equipment and documentation, not using Radio Service Software
(RSS) to modify the configuration of any radio programming, and not providing
technical information or radio equipment to unauthorized persons. As
Participating Agencies or Mutual Aid organizations join the system, a copy of the
Security Plan will be provided to the director of said organizations and will be
advised to share it with appropriate personnel.
11.4 Approved Equipment
The initial System implementation consisted of equipment supplied by the
original system equipment vendor and met the technical requirements of the
Joint Agreement Nov232004 Final Page 8
System. OCSD/Communications shall compile a list of this approved equipment
and make it available to all Partner and Participating Agencies. In the future, as
newer equipment from the original vendor or other vendors become available,
OCSD/Communications shall evaluate it for compatibility with the System and
make recommendations to the Technical Liaison Committee. Any equipment that
meets the technical criteria for operation on the System shall be added to the
approved list. OCSD/Communications will be responsible for negotiating pricing
on new equipment with recommendations forwarded to the Governance
Committee for final approval.
11.5 Technical Standards and Equipment Evaluation
The OCSD/Communications Division maintains engineering and technical staff
whose task is to maintain, manage and operate the 800 MHz CCCS. Technical
management of the System shall continue to be the responsibility of
OCSD/Communications Division. County technical staff shall evaluate new radio
subscriber equipment for adherence to technical standards prior 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, OCFCA
Communications Committee, OCLC Communications Committee, and OCPWC,
with final approval by the Governance Committee.
12.0 SYSTEM MODIFICATION COST APPROVALS
Any Law Enforcement Subsystem modification or other action proposed by
OCCOPSA which requires Partner or Participating Agencies to obligate funds for
cost sharing shall require prior approval by the Governing Body of each Partner
or Participating Agency, following approval by the Governance Committee_
Any Fire Subsystem modification or other action proposed by the OCFCA which
requires Partner or Participating Agencies to obligate funds for cost sharing shall
require prior approval by the Governing Body of each Partner or Participating
Agency, following approval by the Governance Committee.
Any Lifeguard Subsystem modification or other action proposed by the OCLC
which requires Partner or Participating Agencies to obligate funds for cost sharing
shall require prior approval by the Governing Body of each Partner or
Participating Agency, following approval by the Governance Committee.
Any Public Works Subsystem modification or other action proposed by the
PWPC which requires Partner or Participating Agencies to obligate funds for cost
sharing shall require prior approval by the Governing Body of each Partner or
Participating Agency, following approval by the Governance Committee.
Joint Agreement Nov232004 Final Page 9
13.0 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. Appropriate shared costs will be included in backbone
cost -sharing allocations.
13.1 County Responsibilities
OCSD/Communications shall negotiate and enter into agreements or contracts
with the various vendors as contemplated in this Agreement.
OCSD/Communications shall make payments due and payable under such
agreements on behalf of Partner and Participating Agencies.
OCSD/Communications shall negotiate and enter into agreements with new
Participating Agencies which may hereafter receive approval to access the System
for day-to-day operations pursuant to this Agreement, provided that:
• The Participating Agency agrees to the terms, conditions and costs for
entry as defined by the Governance Committee on behalf of the Partners.
Current policy by the Governance Committee directs a system entry fee of
$3,295 per radio for Federal or State agency participation and $2,480 per
radio for agencies operating strictly within the confines of the County.
Participating Agencies are required to have their radios templated and
programmed by OCSD/Communications Division staff, participate in the
flat fee radio equipment maintenance program, and meet their annual
backbone cost sharing obligation.
• Requests by Participating Agencies will be evaluated in terms of potential
channel loading on the 800 MHz CCCS. This evaluation will include an
identification of the number of radios to be added, the type of
communication being conducted, and the specific radio cell that will be
impacted by the addition of this Participating Agency. if the addition of
the Participating Agency may cause an extensive impact on channel
loading, an outside channel loading analysis may be pursued at the
expense of the requesting Agency.
• Additional terms, conditions, and costs for entry shall be included in a
separate agreement as established by the Governance Committee. The
Govemance Committee is given said authority under this Agreement with
the understanding that adequate fees will be charged as appropriate. Said
separate agreement shall include any direct or indirect compensation to
Partner Agencies for System Backbone usage by new Participating
Agency(s).
Joint Agreement Nov232004 Final Page 10
• OCSD/Communications shall obtain the approval of the Governance
Committee to determine the appropriate additional tetras, conditions, and
costs to be included in said separate agreement.
• Any such new Participating Agency hereafter who shall desire to become
a party to this Agreement may do so by executing a copy of this
Agreement, as well as the separate agreement if applicable.
• Compensation may take the form of improvement or modification of
System or other contribution for the benefit of all Partner or Participating
Agencies.
14. EQUIPMENT FACILITIES AND STRUCTURES
Additional facilities, structures, and modifications may 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 Partner or Participating Agency shall, at its sole Partner or
Participating Agency expense, expand or modify its existing structures, facilities,
or dispatch centers as required to support the installation or enhancement of
Partner or Participating Agency System Field Equipment.
15. SYSTEM MODIFICATIONS AND COST SHARING
15.1 SN:stem Modifications
System modifications may be needed from time to time to meet the changing
needs of Partner and 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, and implemented by County.
Cost shanng of future System Backbone modifications shall be determined based
on the benefit to be derived by individual Partner or Participating Agencies.
Joint Agreement Nov232004 Final Page I i
The cost for any modification intended for the sole use and support of a single
Partner or Participating Agency shall be borne by that Partner or Participating
Agency.
The cost for any modification intended to improve service for an identifiable
group of Partner or Participating Agencies in a local area or Net shall be shared
by those Agencies in a manner agreeable to those Agencies.
15.2 Cost Sharing Beginning July 1, 2002
A. Effective Date/Percentay-e Share
The Cities and Orange County Fire Authority (OCFA) will commence
System Backbone cost sharing payments as of July 1, 2002. The following
represents the respective aggregate obligations for the ongoing maintenance
costs of the System Backbone expressed as a percentage of the total cost:
l . 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'IOCFA's share of cast 54.4%
3. FY 04-05 and thereafter
a. County's share of cost 40.18%
b. Cities'/OCFA's share of cost 59.82%
The individual obligations for the ongoing maintenance cost of the System
Backbone, as approved by the Governance Committee, for each of the Cities
and OCFA shall be determined by dividing the number of radios that each of
the Cities and the OCFA, respectively, are operating on the System by the
total number of radios that the Cities and OCFA are collectively operating
on the System. The resulting ratios shall each be multiplied by the
aggregate percentage obligations of the Cities and the OCFA for each fiscal
year as set forth above. The resulting products shall be the Cities' and
OCFA's individual percentage obligations for the ongoing maintenance cost
of the System Backbone in each applicable fiscal year.
joint Agreement Nov232004 Final Page 12
The contribution made by Participating Agencies will be calculated based
on a per radio cost, which will be calculated on an annual basis by dividing
the total operating and infrastructure backbone cost, by the total number of
radios. The calculated contributions for the Participating Agencies will then
be deducted from the total backbone cost -sharing expense. The remaining
amount will be used to calculate the City, OCFA and County obligations
consistent with 15.2.A.3. above.
Emergency radios held in a separate pool will not be included in the radio
counts for backbone cost -sharing purposes. Radios, as identified by the
Partner or Participating Agencies, that are set aside strictly for the purpose
of an emergency activation or some other emergency situation, and are not
used for any other purpose, will be excluded from backbone cost -sharing
counts. Serial numbers for these radios are to be provided by the Partner or
Participating Agency. The OCSD/Communications Division will run
random radio traffic checks on those radios identified as emergency radios
and will advise department heads if any ongoing traffic is occurring.
15.3 Cities/OCFA Payment of FY 02-03 Backbone Costs
A. County is authorized to transfer from the County's Site Development and
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.
B. Each city and OCFA will amortize its share of the FY 02-03 System
Backbone costs, interest free, 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 will contribute 100% of its allocated share of the System Backbone costs
based on the formula set forth in 15.2.A above. Said payments shall be made on
a quarterly basis in advance within thirty days of billing.
Joint Agreement Nov232004 Final Page 13
15.5 New Site Development and Infrastructure Fund
The County will place the approximately S4.1 million currently in the County's
Site Development and Infrastructure Fund, less the amount County is allowed to
deduct from that fund pursuant to 15.3.A above, into a separate Site Development
and Infrastructure Fund. This fund will be controlled by the 800 MHz
Governance Committee. Each project financed from this fund will require prior
Govemance Committee approval. Each expenditure from The Site Development
and Infrastructure Fund must be utilized for County's share of site development
and/or infrastructure costs. On June 30, 2008, any remaining balance in the Site
Development and Infrastructure Fund shall be administratively transferred to the
County General Fund without further approval by the 800 MHz Governance
Committee, cities or the OCFA.
The Partner and Participating Agencies will share in the cost of 800 MHz CCCS
system and infrastructure upgrades. The funding sequence for payment of these
costs will be as follows:
• Use of grant funds if available.
• Use of system entry fees contributed to the system from new Participating
Agencies as they join the system.
• Use of combined City/County contract reserve fund consistent with
percentage contributions made by cities versus County.
• Use of infrastructure contributions collected annually as part of the
backbone cost -sharing allocations. Contributions to infrastructure
payments will be made on a 70% Cities/OCFA and 30% County of
Orange basis, consistent with the Motorola contract allocation split during
800 MHz CCCS implementation. OCSD/Communications will prepare a
document and timeline that identifies the remaining infrastructure
requirements and estimated costs by fiscal year, thereby bringing closure
on the balance of the infrastructure necessary to complete the original 800
MHz CCCS. Infrastructure payments beginning in FY 2005/2006 will
reflect contributions needed to meet these outstanding obligations.
• County will pay for design and construction costs for radio sites required
to address outstanding coverage issues that remain from initial 800 MHz
CCCS implementation, which are Newport Beach, Dana Point and
Brea/Carbon Canyon sites.
• County will evaluate the inclusion of radio site construction and
infrastructure for new housing developments as part of Mello -Roos costs.
15.6 Exclusive Backbone System Costs
Unless otherwise authorized by separate agreement or an amendment to the 800
MHz CCCS Joint Agreement, none of the cost elements covered under the 800
MHz Communications System Agreement for Cost Sharing shall be included in
other service agreements between the County of Orange and the Cities or OCFA.
Joint Agreement Nov232004 Final Page 14
15.7 New Participating Agencies
New users of the System shall be charged pursuant to the policy established by
the Governance Committee under Sections 13.1 and 16 of the 800 MHz CCCS
Joint Agreement.
15.8 Budget/Year-End Settlement
A. The 800 MHz budget and allocation of expenses will be submitted for
approval to the Governance Committee ninety (90) to one hundred and
twenty (120) days in advance of each fiscal year and communicated to the
Partner and Participating Agencies for purposes of including same in their
budgets for the next fiscal year.
B. As soon as practicable following the end of each fiscal year, a final
independent audit or a financial review as stipulated by the Governance
Committee, shall be performed to determine the actual cost of backbone
system operations, infrastructure and maintenance costs for that fiscal
year. The findings of this audit or financial review shall be made known
to the Partners and Participating Agencies on the 800 MHz CCCS.
Thereafter, to the extent there have been contributions made by the
Partners and Participating Agencies 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. Any excess for operational expenses shall be deducted from each
entity's fiscal year obligation for the following fiscal year. In the event of
a shortfall, each party shall be billed its pro-rata 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.
C. Contributions made to infrastructure by each Partner Agency and
Participating Agency will be held in either the specific County Account
(I5L) designated for 800 MHz CCCS infrastructure or system upgrades or
in the third -party escrow account as determined by the Governance
Committee. In either case, interest earnings will be allocated to these
specific funds. Whether the Governance Committee determines that these
funds will be held in a third -party escrow account or a County fund, the
lees for this account will he included as a backbone cost -sharing expense.
As designated under the 800 MHz Escrow Agreement, unless otherwise
modified, escrow account funds can only be spent for Motorola
expenditures in support of system enhancements or infrastructure costs.
D. Should any Partner Agency or 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
Joint Agreement Nov232004 Final Page 15
defaults by Governing Authorities. and the County reserves the right to
pursue any and all available rights and remedies at law or in equity.
15.9 800 MHz Site Revenues
In the event County decides to generate revenues from the commercial, non-
governmental sector by leasing space at the County's radio sites, the following
shall apply:
A. The use of said radio sites shall not interfere with or degrade the efficiency
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 proportion as
each party contributed to the maintenance and repair of the radio site(s) for
the fiscal year the revenue is generated, up to the amount of each parry'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.
15.10 Future System Enhancements/Upgrades/Replacements
It is anticipated that a significant upgrade of the 800 MHz CCCS will be required
as early as 2010. The Governance Committee, with staffing provided by the
County, will be responsible for defining the required upgrades and anticipated
funding requirements. The Governance Committee will develop a long-range
plan and establish a multi -year Equipment Replacement Fund for the purpose of
accumulating funds from the Partner and Participating Agencies. The Equipment
Replacement Fund will be designed to allow for the tracking of interest by
individual contributor.
16. ADDITIONAL PARTICIPATING AGENCIES OR CONSOLIDATION OF
PARTICIPATING AGENCIES
Law Enforcement/Public Works/Fire/Lifeguard Agencies may he 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. (Refer to Section 13.1.)
The System must adhere to FCC miniinum loading standards. In order to meet
the minimum loading standards established by the FCC and to ensure efficient
utilization of the System spectrum resource, County will continually monitor the
level of use of the System.
Joint Agreement Nov232004 Final Page 16
The County shall be responsible for coordinating access to the System, training
new users in operational and security procedures, and assuring compliance with
technical standards. The new Agency may be responsible for the cost of these
services.
16.1 Adding Participating Agencies: Newly 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 Partner or Participating Agencies may in the future
desire to consolidate with other departments to form re&nalized 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.
16.3 Adding Non-City/lion-County Participating Agencies
Newly formed Non-City/Non-County Participating Agencies that do not
participate in the System in its initial implementation may desire to use the
System. County shall work with any such Participating Agency to develop an
appropriate system desist and implementation plan to transition to the System
after approval is recommended by OCCOPSA, OCFCA, OCLC, and OCPWC, as
appropriate, and approved by the Governance Committee.
An agency that does not participate in the original purchase and cost sharing of
the System Backbone shall contribute a share of the System cost consistent with
Section 13.1. Funds from this account may be used for Backbone System
enhancements for the benefit of all Partners and Participating Agencies.
Enhancements shall be recommended by the Technical Liaison Committee and
OCCOPSA, OCFCA, OCLC, and OCPWC as appropriate, with final approval by
Joint Agreement Nov232004 Final Page 17
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 -City/
Non -County Participating Agency to System shall be the responsibility of the new
Non-City/Non-County Participating Agency.
Any System Field Equipment costs associated with the transition of a New Non-
City/Non-County Participating Agency to System shall be the responsibility of the
new Non-City/Non-County Participating Agency.
16.4 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 Iganted by the bodies
described in Sections 3, 4, 5, 6 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 sponsonng Partner or 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 Partner or Participating Agency(s).
17. LIABILITY
Each Party listed in Exhibit "A" (the "Indemnitor") shall indemnify, defend, and
hold all other parties, and their agents and employees (the "lndemnitees")
harmless from all claims, liabilities, damages, and losses to the lndemnitees
arising out of any acts or omissions of itself and its agents and employees in
connection with the performance of this Agreement which acts or omissions
constitute gross negligence.
is. GOVERNANCE COMMITTEE
The 800 MHz Governance Committee will oversee implementation and
operations of the 800 Mliz System including Partner and Participating Agency
compliance with payment schedules, addressing operational issues affecting
System operation and backbone site development, reviewing and approving
conversion, modification and enhancement plans, approving contract pricing
changes, resolving disputes between Partners or 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.
Joint Agreement Nov232004 Final Page 18
19.
20.
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 through the backbone cost -sharing
approval process.
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
• Chief Executive Officer, County of Orange, or Designee
• Sheriff -Coroner, or Designee
• Resources and Development Management Department Director, or
Designee
Each must designate and name an alternate as a voting member if member cannot
attend.
AGREEMENT AMENDMENT PROCESS
This Agreement may be amended or modified by consent of all of the Governing
Authorities representing the Parties.
WITHDRAWAL FROM SYSTEM
This .'Agreement shall take effect as above dated. This Agreement may be
terminated by any Parties or Participating Agencies to the Agreement as listed on
Exhibit "A" or Exhibit "C" as to that Party or Participating Agency 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 or Participating Agency so electing to withdraw
shall cease to be a Party or Participating Agency to this Agreement. Such
termination shall not relieve said Party or Participating Agency or other Party of
any financial obligation assumed as part of this Agreement. (Said Party and
Panicipating Agency shall still be obligated to pay its backbone cost -sharing
expense for that fiscal year and its annual flat fee expense for that fiscal year if the
Party or Participating Agency is participating in the flat fee program.) The Party
or Participating Agency terminating shall not be responsible for any financial
obligations assumed by the other Parties or Participating Agencies 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
Joint Agreement Nov232004 Final Page 19
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 and
Participating Agencies must be affected.
Joint Agrcement Nov232004 Final Page 20
IN WITNESS WHEREOF, the Parties and Participating Agencies 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 OrGE
8�,:
Board of Supervisors
Approved As to Form:
County Counsel
CITY OF:
ATTEST:
By:
By:
Ciw Clerk
Dated:
Approved As to Form:
City Attorney
Joint Agreement Nov232004 Final
ORANGE COUNTY FIRE AUTHORITY
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
Dated:
Authority Counsel
SIGNED AND CERT IFIED THAT A COPY OF
THIS DOCUM T HAS BEEN DELIVERED 10
THE C IRMAN OF TH ARD
ATTEST +�
DARLEN J. BLOOM
CLERK Qf THE BOARD OF SOPERVISORS
ORANGE COUNTY. CALIFORNIA
EXHIBIT A
800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
PARTIES TO AGREEMENT
RESPONSIBLE
CITY
ADDRESS
PIIONE #
ADMINISTRATOR
Aliso Viejo
CityManager 12 Journey, Suite 100
€ -so
9491425-2512
All Viejo. CA 92656-5335
Anaheim
200 S. Anaheim Blvd.
City Manager
714/765-5162
Anaheim, CA 92805
Brea
City Manager 1 Civic Center Circle
714/990-7770
Brea, CA 92821-5732
Buena Park
City Manager 5650 Beach Blvd. Buena Park, CA 90620
714/562-3550
Costa Mesa
City Manager 77 Fair Drive
714/754-5328
Costa Mesa, CA 92626
Cypress
City Manager 5275 Orange Avenue
714/229-6688
Cypress, CA 90630
Dana Point
33282 Golden Lantern, Suite 203
City Manager
949/248-3513
Dana Point, CA 92629
Fountain Valley
City Manager ] 0200 Slater Avenue
714/593-4410
Fountain Valley. CA 9270$
Fullerton
3
City Manager 03 W. Commonwealth AvcFullenon,
714/738-6310
CA 92832
Garden Grove
City Manager 1 ] 222 Acacia Parkway
714/741-5100
Garden Grove, CA 92840
Huntington Beach
City Administrator 2000 Main Street
714/536-5575
Huntin on Beach, CA 92648
1 Civic Center Plaza
Irvine
City :Manager P.O. Box 19575
949/724-6246
Irvine, CA 92623-9575
La Habra
City Manager 201 E. La Habra Blvd.
562J905-970I
La Habra, CA 90633
La Palma
City Manager 7822 Walker Street
7I41690-3333
La Palma, CA 90623
Laguna Beach
City Manager 505 Forest Avenue
La Tuna Beach, CA 92651
949/497-0704
Laguna Hills
City Manager 24035 El Toro Road
9491707-2610
Laguna Hills, CA 92653
Laguna Niguel
City Manager 27801 La Paz Road
949/362-4300
Laguna Niuel, CA 92677
Laguna Woods
City Manager 24264 El Toro Road
949/639-0525
La Tuna Woods, CA 92653
Lake Forest
City Manager 25550 Commercentre Drive
949/461-3410
Lake Forest, CA 92630
Los Alamitos
City Manager 3191 Katella Avenue
562/431-3538
Los Alamitos, CA 90720
ext. 201
Mission Viejo
City :Manager 200 Civic Center
Mission Viejo, CA 92691
949/470-3051
Exhibit A as 11/03104 -1-
EXHIBIT A
800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
PARTIES TO AGREEMENT
RESPONSIBLE
CITY
ADDRESS
PHONE #
ADMINISTRATOR
Newport Beach
City Manager
3300 Newport Blvd.
949/644-3000
Newport Beach, CA 92663-3884
Orange
City Manager
300 East Chapman Ave.
714I744-2222
Orange, CA 92866
Placentia
City Administrator
401 East Chapman Ave
714/993-8117
Placentia, CA 92870
Ranelio Santa Margarita
City Manager
22112 El Pasco
949/635-1800
Rancho Santa Margarita, CA 92688
ext. 210
San Clemente
City Manager
100 Avenida PresidioSan
949/361-8322
Clemente, CA 92672
San Rian Capistrano
City Administrator
32400 Pasco Adelanto
949/443-6317
San Juan Capistrano, CA 92675
Santa Ana
City Manager
20 Civic Center Plaza
714/647-5200
Santa Arta, CA 92701
Seal 13each
City Manager
211 Sth Street
562/431-2527
Seal Beach, CA 90740
ext. 300
Stanton
City Manager
7800 Katella Avenue
714/379-9222
Stanton, CA 90680-3162
ext. 240
Tustin
City Manager
300 Centennial Way
7141573-3010
Tustin, CA 92780
Villa Park
City Manager
17855 Santiago Blvd.
7l4/998-I500
Villa Park, CA 92861
Westminster
City Manager
8200 Westminster Blvd.
714/898-3311
Westminster, CA 92683
ext. 402
4845 Casa Loma Avenue
Yorba Linda
City Manager
P. 0. Box 87014
714/961-7110
Yorba Linda, CA 92896
West Cities
West -Comm
911 Seal Beach Blvd.
Communications Center
Administrator
Seal Beach, CA 90740
562/594-7243
(West -Comm)
Exhibit A as 1 P03/04 -2-
EXHIBIT A
800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
PARTIES TO AGREEMENT
COUNTY
RESPONSIBLE
AGENCY/
ADDRESS
PHONE #
ADMINISTRATOR
DEPARTMENT
401 Civic Center Drive West
District Attorney'
District Attomey
P. 0. Box 808
714/834-3636
Santa Ana, CA 92702
405 W. 5`h Strcxt
Health Care Agency
Director
714/834-6254
Santa Ana, CA 92701
Integrated Waste
320 N. Flower St., Suite 400
Director
714/$34-4122
Management Departmcnt
Santa Ana, CA 92703
3160 Airway Avenue
John Wayne Airport
Airport Director
949/252-5183
Costa Mesa, CA 92626-4608
Probation Department
Chief Probation Officer
1535 E. Orangewood Avenue714/937-4701
Anaheim, CA 92705
Resources & Development
300 N. Flower Street
Director
714/834-4643
Management Department
Santa Ana, CA 92703-5000
550 N. Flower St.
Sheriff -Coroner
Sheriff -Coroner
P. 0. Box 449
714/647-1800
Department
Santa Ana, CA 92703
FIRE SERVICES
RESPONSIBLE
ADMINISTRATOR
ADDRESS
PHONE #
Orange County Fire
1 Fire Authority Road
Fire Chief
714/573-6010
Authority
Irvine, CA 92602
Metro Net Fire Dispatch
Communications
201 So. Anaheim Blvd., Suite 302
I
714/765-4077
Center
Manager
Anaheim, CA 92805
Exhibit A as 11103iO4 -3-
EXHIBIT B
CITY USERS
LAW
PUBLIC
LIFEGUARD
FIRE
WORKS
ALIS_0_VIEJO i
SHERIFF
OCFA
BREA
X
X
X
BUENA PARK — - -- —
X
X --
--
_
- OCFA
COSTA MESA -__— - -
- - - - —_
X-
� X —_
; —__ -
-
---_-X
_ _
CYPRESSX_
_
DANA POINT
SHERIFF
_
X
_OCFA
OCFA
_
FOUNTAIN_VALLE__Y
X
X
_ _ _
?
X
_ _
FULLE__RTON
X
_ _
X
_
X
GARDEN GROVE --_—___-_- -- ._ —. ..
X.~---�_—_
X ---
--- X
_
HUNTINGTON BEACH I
X i
X
X
_
X
IRVINE
X
X —_
-
OCFA -
_
LA H-A9RA ' — ---- --
X -
— X
X
OCFA
_
LAGUNA BEACH
X
X
X
X
_
LAGUNA HILLS i
SHERIFF
'_ X
_
_
OCFA
__
LANAGUNIGUEL I
SHERIFF
_
X
OCFA
_ — — -
L k-buNA WOODS _ !
SHERIFF
—_
OCFA
LAKE FOREST _
SHE
_ _
-
OCFA
_ _
LOS_ALAMITOS
X
X
_
OCFA
_ _ _ —
MISSION VIEJO
_
SHERIFF
_
OCFA
_
NEWhORT BEACH
X
_ _X
X
X
X
PLACENTIA—
X
X
i OCFA
RANCHO SANTA MARGARITA
SHERIFF
_
I
_ _
OCFA_
_ _
SAN I,LEMENTE _
SHERIFF
_ _
X
X
OCFA
SAN -JUAN CAPISTRANO
SHERIFF_
_
X
-
OCFA
S_ANTA ANA _ _
X
_
X
X
SEAL BEACH _ _
_
X
_
X
_
X
OCFA
_ _
STA�TON
_
SHERIFF
X
OCFA
X
X
-
OCFA
VILUk PARK_ _ _
SHERIFF
X
OCFA
WES iMINSTER
X
X
_
OCFA_
_ _
Y_ORE3A LINDA
BREA
_
i X
_
i
OCFA
EST-COMM _
METFtONET --
-
X—
COUNTY USERS
LAW
PUBLIC
LIFEGUARD
FIRE
WORKS
DISTI:ICT ATTORNEY
X
---
IWM[3 -- — - - --
- ---
- X
- --
-
-
J_OH_rl WAYNE AIRPORT
X
--X
_
—
PR013ATION
X
RpMO
---
X
x
_
SHERIFF -CORONER
- X
OCFj1--
Exhpbr, 8 Jn 11ro3104
EXHIBIT B
MUTUAL AID USERS
LAW
PUBLIC LIFEGUARD
WORKS
FIRE
AFRC FIRE DEPARTMENT
X
AMR AMBULANCE — — - -- —
--
--- — -- -
i X-
G FIRE DEPAR7MENT^' - -
6-E-tN_NI
-- —
T — — —
— X�- -
_ _— _
CA LIFORA HIGHW_AY__PATROL
X —
— —
- - -~ ---_
CALIFORNIA STATE PARKS
X--
_—
CALIFORNIA STATE UNIVER$17Y FULLE_RTON POLICE
X_
CAMP PENDLETON FIRE DEPARTMENT —
;
i
_
X
CARE AMBULANCE— — — — —
— --
— — — _—
— X
CDF RIVERSIDE FEE DEPARTMENT
_ —
— X
—4
CORONA FIRE DEPARTMENT
y
y _
i
_
—X
_ _
DISNEYLAND FIRE DEPARTMENT ~
_ _ _
_
X
DOCTOR'$ AMBULANC_€ — — —
-- --
T — -- —
— x
EMERGENCY AMBULANCE -- —�
—
— — —
—_X_—_
FBI
X
__ _ _
HUNTI_NGTON BEACH UN10_N NIGH —SC H 66L-
SCHOOL_ {)1STRICT PD
X
LA HABRA HEIGHTS FIRE DEPARTMENT
—_
X
LACUNA SEACH_COU_NTY_WATER DISTRICT
_
_
LOS ANGELES COUNTY SHERIFF AERO BUREAU
X I
_X
i—
M_EDIX _—..
X
MERCY AIR — — —. -- --
—
— — —
X
NAVAL WEAPONS STATION FiR_E DEPM ARTENT
NORTHRCO- TIRE DEPARTMENT
X___
_GRU_MMAN
SADDLEBACK COLLEGE POLICE DEPARTMENT
_ _ _
_ _ _—
_
SANITATION DIS_TRIC_T OF ORANGE COUNT
_Y X
CHAEFERAMBULANCE—
—XITEDSTATESFORESTSERVICE
Ld
XN
_
NERSITY OF CALIFORNIA IRVINE POLICE
_
X
Exhibit B jh 11/03/04
EXHIBIT C
800 Mliz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
MUTUAL AID USERS
MUTUAL AID USERS
RESPONSIBLE
ADDRESS
PHONE#!
ADMINISTRATOR
AFRC Fire Department
Tom McKinnon
4250 Constitution562/795-2144
Los Alamitos, CA 90720
AMR ambulance
FmChavez
10662 Stanford Ave.ie
714/63$-6200
Garden Grove, CA 92840
BoeingFire Department
Scott Bolton
2600 Westminster Blvd.562/797-3188
Seal Beach, CA 90740
California Highway Patrol
Bob Fablee
3865-A W. Commonwealth Ave.
714/449-7091
IJeliccpters
Fullerton, CA 92833
California State Parks
Ken Kramer
8471 North Coast Highway
gg9/497-IS$2
Laguna Beach, CA 92651
California State University
P.O. Box 6806
Fullerton Police and Fire
Sgt. Bob Baker
714/278-2904
Fullerton, CA 92834-6806
Departments
Camp Pendleton
13O Iiox 555211
Chief Timothy Hoover
7641725-4321
Fire ETpartment
Camp Pendleton, CA 92055
8932 Katella Ave., Suite 201
Care Ambulance
Rick Richardson
Anaheim, CA 92804
714/828-7750
CDF Riverside
210 W. San Jacinto Ave
Chief Mike Burson
951/940-6900
Fire Department
Perris, CA 92570
Deputy
Deputy Chief Marcus
815 W. 6`� Street
Corona Fire Department
Corona, CA 92882
9091736-2220
Disneyland Fire
Lon Cahill
1313 S. Harbor Blvd.
734/781�666
Department
Anaheim, CA 92803-3232
Doctors Ambulance
Jim Ignacio
23091 Terra Drive
949/951-8535
Laguna Hills, CA 92653
ext. 206
Emergency Ambulance
Jim Karras
3200 East Birch #A7141990-1742
Brea. CA 92821
FBI
Dan Koch
11000 Wilshire Blvd., Ste. 1700
310/996-3720
Los Angeles, CA 90024
Huntington Beach Union
Scott Atkinson
10251 Yorktown Ave.
714/536-7521
High School District Police
Huntington Beach, CA 92646-2999
La H 3bra Heights Fire
John Nielsen
1245 N. Hacienda Road
562/694-8283
Department
La Habra Heights, CA 90631
Laguna Beach
306 Third Street
Dennis Hoffer
9491497-2585
County Water District
Laguna Beach, CA 92651
Los fVtgeles County
Sheriff Acro Bureau
Capt. James DiGiovanna
3235 Lakewood Blvd.
562/421-2701
Areo Bureau
Long Beach, CA 90808
Fxhibit C as 11/03/04 -1-
EXHIBIT C
800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
MUTUAL AID USERS
RESPONSIBLE
MUTUAL AID USERS
ADMINISTRATOR
ADDRESS
PHONE
Medix Ambulance
Michael Dimas
26021 Pala Drive949/474-8921
Mission Viejo, CA 92691
Mercy Air
Aaron OsNma
P.O. Box 2532
909/841-2882
Fontana, CA 92334
Naval Weapons Station
Larry Bach
Fire Division Code N23
800 Seal Beach Blvd.
562/626-7005
Fire Department
Seal Beach, CA 90740-5000
Northrop Grumman Fire
Sam Luque
33000 Avenida Pico
949/361-7011
Department
San Clemente, CA92673
Saddleback College
280M Marguerite Parkway
Chief Harry Parmer
949/5$24585
Police Department
Mission Viejo, CA 92692
Sanitation District of
IJoward Lembke
10844 Ellis Ave.
714/593-7270
Orange County
Fountain Valley, CA 92728
Schaefer Ambulance
Jimmy McNeal
2215 South Bristol Ave.
714/545-8486
Santa Ana, CA 92704
United States Forest
James Nordenger
P. O. Box 897
858/695-0258
Service
Poway, CA 92074
University of California,
Lt. Jeff Hutchinson
150 Public Services Building
949/824-1140
Irvine Police Department
Irvine, CA 92697A900
Exhibit C as 11r03104 -2-
EXHIBIT D
800 Alliz COUNTYWIDE COORDINA,rED COMMUNICATIONS SYSTEM
PARTICIPATING AGENCIES
AGENCY
RESPONSIBLE
ADDRESS
PHONE #
ADMINISTRATOR
Exhibit D &c 11;03.104 1-
IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have
and seals on the date set forth opposite their respective signatures on identical
this instrument, each which shall for all purposes be deemed an original thereof.
COUNTY OF O A GE f j
J�'
By:
Board of Supervisors
Dated: 3'y 4-1
Approved As to Form:
County Counsel
CITY OF: Aliso Vie'o
ATTEST:
B L
Y•
By: -
l
Dated: cane 15,2005
Approved As to Form:
C;1?y Attorney r
i
set their hands
counterparts of
ORANGE COUNTY FIRE AUTHORITY
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
Authority Counsel
Dated:
SIGNED AND CE;I IFIED THAT A COPY OF
THIS DOCU�IT HAS QEEN p>`LNEREDTO
[� THE C. IFihjAN OF TFi An
ATTEST•
DARLEN J. BLOOM
OLE
AANGa COUNT CA IOFORN� RVISORS
Joint Agreement Nov232004 Final
123 WITNESS WHEREOF, the Parties and Participating Agencies hereto have
and seals on the date set forth opposite their respective signatures on identical
ttds instrument, each which shall for all purposes be deemed an original thereof.
COUNTY OF O1GE
By:
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
CITY OF: ANAHE M
ATTEST:
By:
By: MAYOR
C� lerk
Dated: `' 11J1e J
Joint Agreement Nov232004 Final
set their hands
counterparts of
ORANGE COUNTY FIRE AUTHORITY
0
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
Dated:
Authority Counsel
Sirgo AND CEF+TIFIED THAT A COPY OF
THIS DOCU1 RAS BEEN DELIVERED10
THE C 1FMAN OF TH ARD
ATTEST'
DAf�.Lf:N
CLERK . F 7HE BOARD OF SUFERVISORS
ORANGt COUNTY, CALIFORNIA
IN WITNESS WHEREOF, the Parties and Participating Agencies 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 OIGE�
Y
Board of Supervisors
Dated: I /'oi3
Approved As to Form:
County Counsel
-oY
CITY OF:
ATTEST:
ORANGE COUNTY FIRE AUTHORITY
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
By: li.l e --- Dated:
City Clerk
r. MA rM MWIF
Approved As to Form:
City Attorney
Authority Counsel
SIGNED AND CERI IFIED THAT A COPY OF
ihlS DOCUtit HAS BEEN DELIVERED TO
THE C IRMAN OF TH ARD
ATI E ST
DARLEN 16LOOM `" //J
CIERK QF WE 60ARD OF SUPERVISORS
ORANGE COUNTY. CALIFORNIA
Joint Agreement Nov2320D4 Final
IN 'WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands
and scals' 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
k
Board of Supervisors
Approved As to Form:
County Counsel
CITY OF: BUENA PARK
ATTEST:
By:. L,4!, C.�_Z'tA
Donald W. McCay, Mayor
By: _
City Cleric
Dated: March 22, 2005
Approved As to Farm:
City Attorney
t&- LL7�_
ORANGE COUNTY FIRE AUTHORITY
B}:4�
hairman
Dated: -a$ ,off
ATTEST:
Clerk of the Authority
APPROVED AS TO FORM:
By:
Auth rity Counsel
Dated:
SIGNED A% CEm 141ED IHAI A COPY OF
0 0THETHIS DOCUM HAS BEEN DELIVERED TO
C 1Fi1,iAN OF TH ARD
fATTES�J.R�ODV
DARLE
CLERK Qf THE BOARD OP WFERViSORS
ORANGE COUNTY. CALIFORNIA
Joint Agreement Nov232004 Final
IN WITNESS WHEREOF, the Parties and Participating Agencies 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 OGE
By: �i`y�.
Board of Supervisors
Dated: ''0 4I
Approved As to Form:
County Counsel
CITY OF: COSTA MESA
ATTEST:
/
B}.
Bv: Mayor of Costa Mesa
City erk
Dated: _./_
Approved As to Form:
City Attorney
-)� �� 4",6j
ORAT'GE COUNTY FIRE AUTHORITY
Lo
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
By:
Authority Counsel
Dated:
r SIGNED AND CERTIFIED THAT A COPY OF
Ttti1S DOCUM T 1�iAS QirEN DELIYEFtED TO
THE C IF MAN OF TF9 ARD
ATTEST--
DAN EN J. BLOOM
CLERK QF THE WARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
Joint Agrcement Nov2320O4 Final
IN WITNESS WHEREOF, the Parties and Participating Agencies 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 OIGE
e
iBy: -'-
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
CITY OF: clgp1ess
ATTEST:
ORANGE COUNTY FIRE AUTHORITY
ILM
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
Authority Counsel
B)= Dated:
C �u
,�- /2.
Ciq�jlerk
Dated: i0 0
Approved As to Form:
Ciri Attorney
---------------
SIGNED AND CERTIFIED THAT A COPY OF
THIS tx?CUM HAS BEEN DELIVERED TO
THE C IRMAN OF I H ARD
All EST
DARLEN a. BLOOM
CLERK QF THE BOARD OF SUPERVISORS
ORANGE COUNT'!, CALIFORNIA
Joint Agreement Nov232004 Final
IN WITNESS WHEREOF, the Parties and Participating Agencies 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 f}
By: I�I7
Board of Supervisors
Dated: 'v
Approved As to Form:
County Counsel
CITY OF: OANA POINT
ATTEST:
By.
MAYOR
By:
Citv Clerk
Dated: 9— /— 0-
Approved As to Form:
City Atiorn
ORANGE COUNTY FIRE AUTHORITY
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
By-.
Authority Counsel
Dated:
�"ZIGNED AND CEk11FIEDTHAT A COPY OF
1�1 THIS DOCu� T HAS BEEw DELNE4tED TO
THE C. lRMA1v CXAI
ATTEST- �'
DARLEN J. BL Olrl
ri O ERKK O COUt�i� CAL�ORNIA SUPERVISORS
Joint Agreement Nov232004 Final
I14 WITNESS WHEREOF, the Parties and Participating Agencies 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
f� 1
By:
Board of Supervisors
Dated: I ;33 'v 4-1
Approved As to Form:
County Counsel
CITY OF:oU�y�.l� 1r�ct��c
A":71 ST:
i_ /_....t.►. ���
11
Dared: Ott �, 15-f)
Approved As to Form:
City Alto y
f
ORANGE. COUNTY FIRE AUTHORITY
By:
Chairman �
Dated: '-�- -�) (e - O�
ATTEST
Clerk of the Authority
APPROVED AS TO FORM:
By. c
uthority Counsel
Dated: .2� 2zi,-S
SIGNED AND CERTIFIED THAT A COPY OF
1 r.:f DOCuFgxi FAS BEEN DELIVERED TO
NOFTThE C4!R1AH ARD AT3
DkRLEN J.6LOONI
CLERK qF TrE BOARD Of SUPEFsVIS4FS
oRA,hGE COUNTY. CALIFORNIA
Joint Agreement Nov232004 Final
IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have
and seals on the date set forth opposite their respective signatures on identical
this instrument, each which shall for all purposes be deemed an original thereof.
COUNTY OF O1GE /F
BY
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
/!-1-1 -0-I
CITY OF: FULLERT N
By r/ ---
Shawn Nelson, Waybr
ATTEST:
City Clerk
Dated: a` -
Approved As to Form:
set their hands
counterparts of
ORANGE COUNTY FIRE AUTHORITY
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
Dated:
Authority Counsel
SIGNED AND CEM MFMED IVAT A COPY U
1ylS DOCUµEDCT HAS BEEN DELMYERED TO
THE CK0.M`MAN OF I MAVMRIQI
ATTESTI
DARLEN J. ELOOM
RS
ORANGE COUNTY, CALIFORNIA SUPE�y`SO
Joint Agreement Nov232004 Final
I?,,1 WITNESS WHEREOF, the Parties and Participating Agencies 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 OR NGE A
r • ' !
By,
Board of Supervisors
D:aed: ;33'v 4
Approved As to Form:
County Counsel
CITY OF:
ORANGE COUNTY FIRE AUTBORJTY
Dated: _
ATTEST-:
Chairman
Clerk of the Authority
APPROVED AS TO FORM-.
AT F3�:
r
I3� : Dated:
By WI LLIAM J. DALIA
Clt,� erk
Dated: 3—z. —or,
Approved As to Form:
Cite Attorney
it
Join; Join; Agreement Nov232004 Final
Authority Counsel
SIGNED AND CEF11IFIED IRAT A COFY OF
11DA
pOAOOM
HAS BEEN DEl►vERED1O
THMAN OF TH ;SARD
EST
RLEN !!!
a� fGE courm. CADL4oRN� Fi��ISORS
• 0
IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands
and seals on the date set forth opposite their respective signatures on identical counterparts of
Ns instrument, each which shall for all purposes be deemed an original thereof.
COUNTY OF ORANGE II
(1
Board of Supervisors
mated- 1�',;33'v
Approved As to Form:
County Counsel
-c'y
CITY OF: Huntington Beach
ATTEST:
M
Approved As to Form:
City Anorney
4
4
Ar`��QS
ORANGE COUNTY FIRE AUTHORITY
By: _o
Chairman
Dated: _ _ la ?jc?.r
ATTEST:
fhfl 4�-'jG'-.WsQ
erk o the Authority
APPROVED AS TO FORM:
BSA
A horny Catsnsel
Dated: �� 2
SIGNED AND CEMIFIED THAT A COPY OF
THIS DOCUME 1 HA5 BEEN DE11YERED TO
THE CKAIRMAN OF TH ARD
ATTEST = `
1
DARIEN J.B1001A
OLF►ANGE COUTHE BOARD izT`r CALF ORN'A SUPERVISORS
Joint Agreement Nov232004 Final
rg WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands
and seals on the date set forth opposite their respective signatures on identical counterparts of
tivs instrument, each which shall for all purposes be deemed an original thereof.
COUNTY OF or
• !�
By.
Board of Supervisors
Dated: _ - -
Approved As to Form:
County Counsel
CITY OF: T-,n/` Ot-
Y
By:
RiTE=ST
City�Cler`�
Dates: S -- ``r - o
Joint Agreement Nov232004 Final
ORANGE COUNTY FIRE AUTHORITY
0
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
Dated:
Authority Counsel
SIGNED AND CER�!� - EN D0.NEFIEDD I
WIS TT EC
IANAN OF TH
ATTEST
DARLEN J.61001A III
CLERK ANGE CAUNTY. CALIFORNIA RY1SOfiS
IN WITNESS WHEREOF, the Parties and Participating Agencies 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:� }
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
CITY OF: La Habra
ATTEST:
By: Mayor, Steve Anderson
City Clerk , Tamara D. Mason
Dated: -b/q jCS
Approved As to Form:
ORA_ IGE COUNTY FIRE AUTHORITY
L-02
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
Dated:
Authority Counsel
SIGNED AND CE;1IF IED THAT A COPY OF
THIS
DOCUKT AS SEEN DELIVER
ED TO
THE %IAEF,FF TH ARD
ATTEST-
DARLE
{
I J. BLOW
0P,pNGE COUNTYaACAL1RD 0F0P.N A �YISORS
IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set thou hands
and seals on the date set forth opposite their respective signatures on identical counterparts of
this instrument, each which shall for all purposes he deemed an original thereof.
COUNTY OF OGE
By:
Board of Supervisors
Dated: _
Approved As to Form:
County Counsel
CITY OF:
ATTEST:
By
r
By:
Dated -
Approved As to Form:
Citv;Anorney
ORANGE COUNTY FIRE AUTHORITY
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
M.
Dated:
Authority Counsel
SIGNED AND CERTIFIED THAT A COFY Of
TCiL15EF,OK QCF Tf,E bt)
HAS BEEN D DELIVERED TO
�IrAN OF
`R�T}{
ATT E STr OkKEN AR�
4f Sl1QERVtSORS
0=,„NCE COUNTY, CALIFORNIA
Joirk Agreement Nov232004 Final
]ENT WITNESS VvHFREOF, the Parties and Participating Agencies hereto have set their hands
and seals on the date set forth opposite their respective signatUTcs on identical counterparts of
this instrument. each which shall for all purposes be deemed an original thereof.
COUNTY OF ORANGE
�\ 1
By: PAM
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
CITY OF:
ATTEST:
__gA1T__-,a
City City
By:
of Laguna Beach
i
CitvClerk - City of Laguna Beach
Dated: � - ?- 05
Approved As to Form:
City Anorney
ll
l
ORANGE COUNTY FIRE AUTBORITY
By: --
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
Bv:
Authority Counsel
Dated:
SIGNED AND GERI IF1ED THAT A COPY OF
THIS DOCUMEXI HAS BEEN DELIVERED TO
THE C' IRMAN I ARD
ATTEST
DARLEN J_ 5LOou
CLER1c OF THE BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORSLk
Joint Agreement Nov232004 Final
134 WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands
and seals on the date set forth opposite their respective signatures on identical counterparts of
this instrument, each,,vhich shall for all purposes be deemed an original thereof.
COUNTY OF O NGE
Br
Board of S»pervisom
Dated:
Approved As to Form:
County Counsel
CITY OF: -,-Gina Hills
By:
oRandal Eresyr
4-,/-
CityC'A'erk."Ar)JA. -axlson
r�
Dated:
Approved As to Form:
City Attorney
Lois E. Jeffre
Joint Agreement 1`ov232004 Final
ORANGE COUNTY FIRE AUTHORTIY
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
Dated:
Authority Counsel
SIG%ED AND CERI if IED THAI A COPY Of
i HIS DOCUKI N,AS BEEN i)ELNEftED TO
THk"�'L,'IRMAN Of ix ARID f
ATI E S1D�RfNOIA "
CLERK 4F IE fOAIhD Of SUFERYISOAS
ORANGE COUNTY. CALIFORNIA
IN WITNESS WHEREOF, the Parties and Participating Agencies 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 OFANGE
1
By:
Board of Supervisors vv
Dated:
Approved As to Form:
County Counsel
/ / •--13 •v Z--
ORANGE COUNTY FIRE AUTIiORITY
i
Dated:
ATTEST:
Chairman
Clerk of the Authority
CITY OF:/--1 %
APPROVED AS TO FORM:
ATTEST:
s
By: /O!r Dated:
By:
ity Clerk
Dated:
Approved As to Fonn.
City Attorney
Authority Counsel
SIGNED AND CERI IFIED THAT A COPY OF
THIS DOCUt� T HAS BEEN DELIVERED TO
T HE C IRMAN OF 1 H $taARD
ATTEST• .
-CA —Ft LEN JVB-L oµ_ r
CLERK pF THE 60ARD OF SUPERVISORS
ORANGE COUNTY. CALIFORNIA
Joint ApreeknentNov232004 Final
IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands
and seals on the date set forth opposite their respective signatures on identical counterparts of
thi:; instrument, each which shall for all purposes he deemed an original thereof.
COUNTY OF OIrNGE
k
By
Board of Supervisors
Dated:
Apwoved As to Form -
County Counsel
CITY OF:
ATTEST:
/'"13.d Z--
By. ) e C3,�
By: — -
City Clerk
iDaicd: /" 1 % . DO
Approved As to Form:
City- Atiotney
ORANGE COUNTY FIRE AUMORITY
By.-
Dated. -
ATTEST:
Chairman
Clerk of the Authority
]'PROVED AS TO FORA:
By.
Authority Counsel
Dated:
SIGNED AND CER1 IFIED T I -:AZ A COFY OF
THIS DOCULtE.91 HAS SEEN DELIvEFEDTO
THE C 1P-mmN OF i h FtARD
ATTEST- f 4
CAREER 4.9LWM
CLERKQf THE BOARD OF SJERVISORS
ORANGE COUNTY. CAL IFCF.NIA
Joint Agreement Nov232004 Final
IN WITNESS WEEREOF, the Parties and Participating Agencies hereto have
and seals on the date set forth opposite their respective signatures on identical
this instrument, each Which shall for all purposes he deemed an original thereof.
COUNTY OF 0Y""''GE
By:
y
Board of Supervisors
Dated: 4—/
Approved As to Form:
County Counsel
CITY OF:
ATTEST:
�•: P_az / /
�. `1avar
B�. CITY OF LA FOREST
Dated: 0 1CI os-
I
Approved As to Form:
City Attorney
JC6fQ,A AA
set their hands
counterparts of
ORANGE COUNTY FIRE AUTHORITY
L-In
Chairman
Dated:
ATTEST:
Clerk of the Authority
APPROVED AS TO FORM:
B v:
Dated:
Authority Counsel
cIGNED AND CERWIED 7HA7 A COPY Of
1 HIS DOCUM 7 HAS BEEN DELIVEF.ED 70
7 HE C IF;MAN OF 7 H ARD
ATIES7
CARLEN J.BLOOM ` ////
CLERK Qf I BOARD OF SURERVSORS
OF,RNGE COUNTY, CALIFORNIA
Joint Agreement Nov232004 Final
IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands
and seals on the date set forth opposite their respective signatures on identical counterparts of
Ns instrument, cach which shall for all purposes be deemed an original thereof.
MINTY OF ORANGE
By -
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
CITY OF:S
ATTEST:
13y:
C
City Clerk , Svs A r% e. a, ckCir oo f
Dated: a - --c V
Approved As to Form:
Ci Attorney
Qx e1
Joint Agreement Nov232004 Final
ORANGE COUNTY FIRE AUTHORITY
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
I3 y:
Dated:
Authority Coumel
SIGNED AND CERICED THAI A COPY OF
1H�S UMMI W S BEEN DELNERED O
ThE C �r,AIAN Of TH HD
Ai�S?•
DARLENQ J. R //f
ORANGE COUNTY. CALI14 EOM OfORM A Y�SORS
IN WITNTSS WHEREOF, the Parties and Participating Agencies hereto have
and seals on the date set forth opposite their respective signatures on identical
this instrument, each which shall for all purposes be deemed an original thereof.
COUNTY OF OrIGE
j\ i
B
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
Ir-« -cy
CITY OF: � i ns V _
ATTEST:
By:
6CA
By: Q61tj :5 W t���(
r
_7� AU4-1 -7-" A41
City lerk Ail HP,yv%/Vqpv
Dated: 1 oZ0 b'-
Approved As to Form:
City Attorney
set their hands
counterparts of
ORANGE COUNTY FIRE AUTHORITY
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
By:
Authority Counsel
Dated:
SIGNED AND CERWIED THAT A COPY OF
QpTHIS DOCUMVT riAS LEEt1 DELI�EF+EOTO
THE C- IRM'AN OF TKVqARD
ATTEST
DARLEN J.6i00M
CLERK OF THE BOARD OF SUPERVISORS
ORANGE COUNTY. CAOFORNIA
Joint Agreement Nov232004 Final
IN WI'F\T-SS WHEREOF. the Parties and Participating .A<�encies hereto have set their hands
and seals on the date set forth opposite their respective sinnarures on identical counterparts of
th-s instrument, each which shall for all purposes he deemed an original thereof.
COUNTY OF ORANGE �r
Board of Supervisors
Approved As to Form-
colinly Counsel
-- ---. ,.— _ V~fir-+•=--c�
CITY OF
Newport Beach
A`I--�IrST-
B
By: M
r
6J(
Cite ('ierk
Date:
Apptovtfd As to Form:
ORANGE COUINrTY FIRE AUTHORITY
B \..._.
Dated: _ —
ATTES-F:
Chairman
Clerk of the AuthorityY ~�
_VPROVED AS TO FORM-
_ - - Authority Counsel — - -
AND CEP IF1ED THAT A COFY OF
1 jj5 DOCUriEXT HAS BEEN DEUVEF+ED i O
N ThE C IF;NIAOF it;EF+nkRD
Ai 1iEE�ii✓-"''
t !!!
CA_4;R_ J. 0M c0N4
CLERK Of TFE BOARD OF SUPEF:':SORS
r _ 0FPNGE COUkiY.CALJF0RN[A
ar
C4L+F0�'�
_ l l,ereemcnt Nov232004 Final
IN WITNESS WHEREOF, the Parties and Participating Agencies 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 orivinal thereof.
COUNTY OF O NGE
i
By:
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
Jr`r �Y
CITY OF: orange_
City Clerk
Doted: _
ORANGE COUNTY FIRE AUTHORITY
By: —
Chairman
Dated:
ATTEST:
Clerk of the Authority
APPROVED AS TO FORM:
By:
Authority Counsel
Dated:
SIGNED AND CEFiTIFIEDIMI ACO" Of
THIS DOCUM 1 mAS SEEN DELIVERED 10
v THE C 1141AN C Tki ARD i}
Ali ES-1 i
G RLEN J. BLOOM
OFsANGfCpOSUPERVISORS
COU . .ALON
Joint Agy cement Nov232004 Final
1N WITNESS WHEREOF, the Parties and Participating Agencies hereto have
and seals on the date set forth opposite their respective signatures on identical
this instrument, each which shall for all purposes be deemed an original thereof.
COl1NT"Y OF ORANGE
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
CITE OF:
All EST:
By:.
By -
City Clerk
Dated -
Approved As to Form:
City Attorney
3oint Agreement Nov232004 Final
set their hands
counterparts of
ORANGE COUNTY FIRE AUTHORITY
By: (fJ
Chairman
Dated: 1 i -
ATTEST:
Y�
Clerk o the Authority
.APPROVED AS TO FORM:
B�•: Z�.
Aut rity Counsel
Dated:
SIGNED AND CERI IFIED TN.AT A COPY OF
THIS DOCUMd T HAS SEEN QELfvEREDTO
THE C IRMAN OF I AVID
ATTEST
DARLEN J. BLpOM
CLERK QF THE BOARD Of SUPERVISORS
ORANGE COUNTY. M,A OR"
OCTA AGREEMENT NO.C- 4-1256
ORANGE COUNTY TRANSPORTATION
AUTHORITY
By -
Arthur T. Leahy
Chief Executive Officer
Dated:
APPROVED,AS TO FORM:
Ken,nard R. Smart 'Jr
General Counsel
APPR0 D /
By. f --
William L. Foster
Executive Director, Bus Operations
Dated: 05- 5
Joint Agreement Nov232004 Final
/ IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands
and seals on the date set forth opposite their respective signatures on identical counterparts of
th;s instrurnent, each which shall for all purposes be deemed an original thereof.
COUNTY OF ORANGE
f
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
CITY O
ATTI
B N-:
Sc
Bv:
PLACENTIA
for
Citk,Cj.-rk p rick J. Me11a
Cat ed -,5:7 - .,5,- P- 17-�
.Approved As to Form:
City Ail orney
TY.orr.as F. Ni on
Join: Agrecment Nov232004 Final
ORANGE COUNTY FIRE AUTHORITY
By: --
Chairman
Dated:
ATTEST
Clerk of the Authority
APPROVED AS TO FORM:
By: __ _
Authority Counsel
Dated:
SIGNED AND CERI IF IED 7 HAT A COPY OF
i x 5 Docu+� T xAS BEEN DELIVERED TO
ti. THE C IRMAN OF TH ARD
At-1 E 5�
DARIEN J. BLOOM
RVISQ
LIEF, , pf ix EOM OF SUPEP,S
ORANGE COUNTY. CALIFORNIA
IN WITNTESS WHEREOF, the Parties and Participating Agencies 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 0} NGE Ct
F
y —. —.
Board of Supervisors
Dated: _r 3'.0��
Approved As to Form:
County Counsel
CITY OF: Rancho Santa Margarita
ATTEST:
ORANGE COUNTY FIRE AUTHORITY
By. —
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORJM-
By= - - --- Datcd:
BY — —
' } r
City C`lcrk - Debbie Wo
Dated: —% % L CI U
Approved As to Form:
City Attorney
o n E. Cavimaugh, City Attorney
J
Authority Counsel
SIGINED AND CERWIED 1HAT A COPY OF
,HIS DN'U'•'EKSEN DEL ARDED 10
+ THE C`i Rl,'kr�OF
AT1 E SZ ` ✓/ l
DARLENQQQ"'J. BLOOM
0 ACA �ORNtA VISORS
OF;A COUNTY
Joint Agreement Nov232404 Final
IN WITNESS WHERF-OF, the Panies and Participating Agencies hereto have set their hands
and seals on the date set forth opposite their respective si�,natntres on identical counterparts of
this instniment, each which shall for all purposes be deemed an original thereof.
COUNTY OF OR.AINGE j
r
%
Board of Supervisors
Dated: � 3'v `�
Approved As to Form:
County Counsel
CITY OF: �jL?GEI�'1�f'f� ✓ - — —
By:
A� est :
Cite Clerk
Dale& 3)9
Approved As to Form:
City Anomeu
ORkNGE COUNTY FIRE AUTHORITY
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
,Authority Counsel
Dated:
SIGNED AND CEF%lIFIED 1 HA1 A COPY OF
1HIS DOCL, tLKI4'.A�PEENDELIVERED10
ti THE C4;P.'JAv OF 1H ARI
V_
AiIES1•
DARIfti d.SLOW
CLE> Y, 4f 1HE EOhnD OF SUPERVISORS
ORANGE CpUh-jY.CALIFORNIA
Joint Agreement Nov232004 Final
IN WITNESS NV)iEREOF, the Panics and Participating Agencies hereto have set their hands
and seals on the dale set forth opposite their respective signatures on idemical counterparts of
this instrument. cach Which shall for all purposes be deemed an original thereof.
COUNTY OF ORANGE
By:
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
CITY OF: San Juan Capistrano
ATTEST:
By:
Matt �:rt, Mayor
By: _ _-!S rC S
I � [.A,
C�i y C/, rk _ t, f garet R. Monahan
Dated:
Approved As to Farm:
City Atlomey
l�
Jo6 R. Shaw
ORANGE COLrNTY FIRE AUTHORITY
Dated:
.ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO i-ORM:
By:
Author ty �ounsel
Dated:
SIGNED AND C F-.I IF IED 1 HAT A COPY OF
T HIS DOCI.IME-K 1 -.AS BEEN DEMERED TO
L� THE C41-PMAN• OF TH ARD
ATTESTS •!.[1�31
L�.AA.LEN�E'13ri. �'�001�,
CLERK Of TnE PC4,RD OF SUFERVISORS
ORANGE COUNTY. CALIFORNIA
JointAgrecment Nov232004 Final
IN WITNESS WHEREOF, the Parties and Participating Agencies 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 r,
B> ___
Board of Supervisors f
�3 'U 4-1
Approved As to Form:
County Counsel
CITY OF=
A"17FST
B y:
Bv:
City Clerk
Aporoved As to Form:
Cn y Attomey f
Joirt Agicement Nov232004 Final
ORANGE COUNTY FIRE AUTHORITY
By:
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
Bv:
Authority Counsel
Dated -
SIGNEu;,N'DCEF,11fiEDIHA1 ACOFYOf
r �} 1 WS DrUMEKT HAS PEEN DEV4FED 10
1 THE CHAIRMAN OF I$QARD
Ail E ST ,
W
DARKEN 91.9L(�fJ,
CLE r;x Qf IY1 60ARD Of SUFEKSORS
ORANGE COUNTY. CALIFORNIA
IN WITNESS WHEREOF, the Parties and Participating Agencies 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
� Jf
By
Board of Supervisors
Dated:
Approved As to Form:
County Counsel
CITY OF. Sania Ana
//-,,13.C) Z-/
ATTEST:
6<
David N. Ream
By: _City Manaver
City Clerk
Dated:
Approved As to Form:
City Attorney
J 06FPH W . FLETEHER
City Attorney
ORANGE COUNTY FIRE AUTHORITY
L
on
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
By: -----
Authority Counsel
Dated:
SIGNED AND C MFIED THAT A COPY OF
THIS DOC.'�1• W HAS BEEN DELIVERED TO
THEC' 1Rti-4NQFTki RQ
ATTES1r •Qr1
DARIEN J.5LOOM
CLERK F T HE B
0 AUhG� COQ CALIFORNIARYISORS
Joint Agreement Nov232004 Final
IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their handc'
an.] 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
h fi�
By:
Board of Supervisors
Dated: z~/—
Approved As to Form:
County Counsel
CITY OF: U o'(r`f OV-)
ATTEST:
By: _ i�., ; ens •►..
MWDSZ
el
City Clerk
Dated: 3 " 2- 2 — 0 S
Approved As to Form:
City Attorrtev
Joint Agrcemcnt Nov232004 Final
ORANGE COUNTY FIRE AUTHORITY
-60
Chairman
Dated:
ATTEST:
Clerk of the Authority
APPROVED AS TO FORM:
Authority Counsel
Dated:
SIGNED AND UF%)1F IED II'AT A COPY OF
THIS DOCUM.L91 HAS BEEN DELIVERED TO
TrE c4pr%rtrN OF tr AR4
ATT E Si t
DARII N J. EL00V "(
CLERK Of THE BOARD OF supEnSORS
ORANGE COUNTY. CALIFORNIA
IN WITNESS N IAEREOF. the Parties and Participating Agencies hereto have set their hands
and seals on the date set forth opposite their respcctive signatures on identical counterparts of
this instrument. esch v hich shall for all purposes he deemed an orli inal thereof.
COUNTY OF ORANGE ORANGE COUNTY FIRE AUTHORITY
By:
Berard of Super-isors
Dated:
Approved As to Form
County Counscl
CITY OF' Tustin
ATTESI:
Bv- Lou none, "favor
K�P�--
4VCk
Dated_ _March 2005Y
Approved As to I-oijn-
City Attorne\
4, �—.
Lois Jeffrev
B _
Chairman
Dated
ATTEST
Clerk of the Authority,
APPROVED AS -I O FORM:
By _
Authoniv Counsel
Dated:
Joint Agreement T�m-2?20(A Final
LNT %V]T\, ESS WHEREOF, the Parties and Participating Agencies hereto have set their hands
and Seals on the date set forth opposite their respective signatures on identical counterparts of
this instrument, each %%.hick shall for all purposes he deemed an original thereof.
COUNTY OF ORANGE
7Y
By:
Board of Supervisors
Dated: --��_ �l •v�3.v �`�
Approved As to Form:
Cou-)ty Counsel
CITY OF: ___VaLA- E LE
ATTEST:
Richard A. Freschi. Mayor
B v: —_
City
Data
Approved As to Form:
Cit) Anomey
ORANGE COUNTY FIRE AUTHORITY
iM
Dated:
ATTEST:
Chairman
Clerk of the Authority
APPROVED AS TO FORM:
Dated:
Authority Counsel
SIGNED AND CERI IF IED t PAi A COPY OF
SKIS Docu+� AN OF TH DELIVERED TO
THE C IF;�.,
ATt WE
DAFUN I5LOOV
OU�DIF`IsoRs
GQF E COMCALORNIA
Join. Agreement Nov232004 Final
IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands
and seals on the date set forth opposite their respective signatures on identical counterparts of
this insiTment, each which shall for ail purposes be deemed an orig�na] thereof:
COUNTY OF 0
_rGE
By
Board of SupeTVrSors
Dated:
Approved As to Form:
County Counsel
CITY OF: WESTMINSTEF.
i
B`•:
Margic0l,. Rice, M.-iyor
n at rd: -7 7��G7 --
A'iTE ST :
— `.aria rera.., City Clergy
Dated. % ~-
Approved As to Form:
ORANGE COUNTY FIRE AUTHORITY
:
Dated:
ATTEST:
Chairman
Clerk of the Autbority
APPROVED AS TO FORM:
Authority Cowasel
Dated:
510 NEE] AW CERT If 1ED T HAT A COPY 0'
THIS DOCUIUEiO HAS6E:N DELIVERED TG
�.. THE C��Jj�
ATTEST /l
DAF.Lt N d. BLOOM
CLERK QF TKE BOARD OF SU=EFN"1S0?S
ORWiE COUNTY. CALIFORNIA.
ioin1 c ercement Nov232004 Final
IN WITNESS WHEREOF. the Parties and Participating Agencies hereto have sett their hands
and seals on the date set forth opposite their respective si€natures on identical counterparts of
this ins,.rument, each ":hick shall for all purpo+ es be deemed an original thereof.
COUNTY OF ORANGE ,
By: Y4
fsoard of Supervisors
Dated:
Approved As to Form:
Countv Counsel
OR?NGE COUNTY FIRE AUTHORITY
// v;33 -e `-/ Dated:
CITY OF:._y413_A_LIIMA..._
•�3
Bv: c-
Kerrynn Wiiso ,
ATTE/ST:
City Clerk
Dated-
Approwd As to Form:
City Attorney
- 'ww. Q. ah (lA.a"
BEST BEST & KRIEGER, LLP
ATTEST:
Chairman
Clerk of the Authority
.APPROVED AS TO F0RM
By_
Authority Counsel
Dated.
SIGNED AND CE R,1 tr iE D 1 H,AZ A COPY OF
\� THIS 40C�r1E3�1 pc cEEN GEItvEF,ED 10
\`. THE Ci-,(!F'uf,y OF IH 0ARD
Ail E 51
DAPIEN J E'10Cti'
CLERK V ikE EokFnD Or SUFE'r,�'ISORS
ORANGE COUNTY. CAi li'Op IA
Joint Agr.:crnent Nov232004 Final
A 11ENDMENT
TO
JOINT A GREEMENT
FOR THE
INIPLEnIENTATION AND OPERATION
OF THE
ORANGE COUNTY
800 MEGAHERTZ
COUNTYWIDE COORDINATED COMMUNICATIONS
SYSTEM
DATED JANUARY 30, 1996
WHEREAS, the panics hereto previously entered into that JOINT AGREEMENT FOR THE
IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ
COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM dated January 30, 1996
and fully executed April 24, 1996 (hereinafter referred to as "Joint Agreement'); and
WHEREAS, Section 15 of the Joint Agreement which addresses the issue of Cost Sharing for
thc: 800M& Backbone System expenses, provides in material part: '"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."; and
WHEREAS, 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 document
to be the Amendment to the Joint Agreement in which that consensus is set forth.
NOW, THEREFORE, the panics agree as follows:
1. Delete Section 15 SYSTEM MODIFICATIONS AND COST SHARING located on
Page 13 of the Joint Agreement, and substitute the following in its place:
"1S SYSTEM MODIFICATIONS AND COST SHARING
15.1 System Modifications
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 Comminee. System modifications recommended by
County and agreed to by the Govemance Committee will then be forwarded to
Governing Authorities for approval, as appropriate, 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.
15.2 Cost Sharing Beginning July 1, 2002
A. Effective Date/Percentage 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 as 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'/OCFA's share of cost 54.4%
3. FY 04-05 and thereafter
a. County's share of cost 40.18%
b. Cities'/OCFA's share of cost 59.82%
The individual obligations for the cost of the System Backbone, as
approved by the Governance Committee, for each of the Cities and OCFA
shall be determined by dividing the number of radios that each of the
Cities and the OCFA, respectively, are operating on the System by the
total number of radios that the Cities and OCFA are collectively operating
on the System. The resulting ratios shall each be multiplied by the
aggregate percentage obligations of the Cities and OCFA for each fiscal
year as set forth above. The resulting products shall be the Cities' and
W
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
and 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.
B. Each city and OCFA will amortize its share of the FY 02-03 System
Backbone costs, interest free, over a period of 5 years, commencing
July 1, 2003, by paying back to County 20% of its share of the FY 02-
03 Systern 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 will contribute 100% of its allocated share of the System
Backbone costs based on the formula set forth in 15.2.A 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 S4A million currently in the
County's Site Development and Infrastructure Fund, less the amount
County is allowed to deduct from that fund pursuant to 15.3.A. above, into
a separate Site Development and Infrastructure Fund. This fund will be
controlled by the 800 MHz Governance Committee. Each project
financed from this fund will require prior 800 MHz Governance
Committee approval. Each expenditure from the Site Development and
Infrastructure Fund must be utilized for County's share of site
development and/or infrastructure costs. On June 30, 2008, any remaining
balance in the Site Development and Infrastructure '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 Exclusive Backbone System Costs
Unless otherwise authorized by separate agreement or an amendment to
the Joint Agreement for the Implementation and Operation of the 800-
NIH,z CCCS (the 800 MHz CCCS Joint Agreement'), none of the cost
elements covered thereunder shall be included in other service agreements
between the County of Orange and the Cities or OCFA.
15.7 No Change to Governance Structure
The Governance Committee structure 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 changed 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 16 of the 800
MHz CCCS Joint Agreement.
15.9 Budget/Year-End Settlement
A. The System budget and allocation of expenses will be submitted for
approval to the Governance Committee ninety (90) days in advance of
each fiscal year and communicated to the Cities/OCFA for purposes of
including same in their budgets for the next fiscal year.
B. As soon as practicable following the end of each fiscal year, a final
accounting shall be performed to determine the actual cost of
backbone system operations, infrastructure 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 -rate 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 A9Hz CCCS Site Revenues
In the event County decides to generate revenues from the commercial,
non -governmental sector by leasing space at the County's radio sites, the
following shall apply:
A. The use of said radio sites shall not interfere with or degrade the
efficiency 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 proponion
as each party contributed to the maintenance and repair of the radio
site(s) for the fiscal year the revenue is generated, up to the amount 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.
15.13 Effective Date
The effective .date of this Amendment to the 800 MHz CCCS Joint
Agreement shall be July 1, 2003."
2. All other provisions contained in the 800 MHz CCCS Joint Agreement shall remain
unchanged.
IN 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 Amendment, each which
shell for all purposes be deemed an original thereof.
COUNTY OF ORANGE
B}rwtl[
Approved As to Farm:
County Counsel
By
Dated: -- t'i J Q�
Dated: C -09
SIGNED AND CULT1FtE:
�INS D OF In
ATtiST.
C- `I SUPEFtZM
CUlf RK F THE -
,
OFAM6E CM". 6naiA
CITY OF: ALISO VIEJO
ATTES �✓
By.
WILLIAM PHILLIPS, MAYOR PRO TEMPORE
By:
i. -• • w-rooma.
Approved As To Form:
Attorney
`'kh1���`:
SCOTT SMITH
CITY OF:�%¢��
By:
City Clerk
Dated: f D — t q
Approved As To Form:
THE !NSTRUMENY IS A FULL TRUE AND
CORRECT COPY OF E QRIGINAL ON FILE IN THIS
OFFICE, ATTES-i ���_�: 1Z-21:2 () 3
SHERYLL SCHROEDEF4 C.TY CLERK OF THE CITY OF ANAHEIM
8Y
--�_ DEPUTY CITY CLERK
CITY OF:
A E T: �1
By:
6A )
MAYOR
Dated:
Approved As To Form:
City Attorney
CITY OF: Buena Park
Al
City Clerk
Dated: September 23, 2003
Approved As To Form:
City Attorney
A-
EXCERPT
MINUTES OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA
A regular meeting of the City Council of the City of Costa Mesa was held on August 18,
2003, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa.
COUNCIL MEMBERS PRESENT: Monahan, Steel, Cowan, Mansoor, Scheafer
COUNCIL MEMBERS ABSENT: None
"On motion by Council Member Cowan, seconded by Mayor Pro Tem Steel, and carried
5-0, the remaining Consent Calendar items were approved as recommended.
The following action was taken regarding the amendment to the 800 MHz Joint
Agreement:
'The amendment to language in Section 15 and 19 of the Joint Powers Agreement
;or the Implementation and Operation of the Orange County 800 MHz Countywide
Coordinated Communication System, dated December 15, 1995, was approved.
The amendment to the Joint Agreement for the Implementation and Operation of the
Crange County 800 MHz Countywide Coordinated Communication System was
approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of
the City."
ADJOURNMENT: The Mayor declared the meeting adjourned at 2:15 a.m.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, Deputy City Clerk and ex-officio Clerk of the City Council of
the City of Costa Mesa, hereby certify the foregoing to be a full, true, and correct copy
of the minute entry on record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 215T day of August, 2003.
C_ 1_Z_
Depidic
ity Clerk and ex-officio Clerk of the
th ity Council of the City of Costa Mesa
C[TY OF: , Costa Mesa
ATTEST
By:
Mayor of Costa Mesa
A
cl,�� 0
Deputy City Cl
Dated: August 20, 200
Approved As To Form:
City Attorney
CITY OF: CYPRESS
Mayor
ATTEST:
Dated: 8/25/03
Approved As To Form:
�04 City Attorney
p
CITY OF: Da17g_P9ins_
City Clerk, Susan Ramos
Dated: 3
Approved As To Form:
City AttorneyR/j�trick Munoz
s
AL
CITY OF: r-(�-n Iaui
Q4a.,)L—
City Clerk -- 1�.�- 1�
Dated: C-
Approved As To Form:
City Atto ey
i
CITY OF: irU LLUZ i Ot4
I
n
iJ✓ �IL&';
City Clerk
Dated: 9 " "
Approved As 7o Form:
City of Garden Grove
By:
Mavor:
Attest:
CiAA,��_2
City rk
Dated:
Approved As to Form:
City Attomey
Amendment to the Joint Agreement for the Implementation and Operation of
the Orange County 800 ;%IHz Countywide Coordinated Communications
System
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorised offices the day, month and year first above written.
_ -r., -.- " r,�t�n CITY �� �r Tt r�.rr rt.�[� -yyrn���11 ����� rr ,� _
LOUINI I VI- VIVI��VL '-- CII I O IBUTNTF 7TGJ IN-13EACI.`1,
a municipal corporation of the State of California
.fi
[, �.� =V►k ee=�: pr'ipFi{eftf4l�F= Mayor
APPROVED AS TO FORM:
By: titi
ATTEST:
City Clerk
3
G L,,'f s_ c APPROVED AS TO FORM:
print name !
Deputy County Counsel
city Attoror ey
SICNED AND CERTIFIED TWIT A COPY 0;
IRIS DOCUM INT HAS SUM DEitViND 10
THE C AtRW OF T►j%. BOARD
AMSt
CUM OF THE 14Mi0 Of kFUMM
MW COUKTIL M"UNA
INITIA D AND APPROVED:
V—b
Information e T Director
REVIEWED AND APPROVED:
ity Administrator
CITY OF:
M &-�Y[y
Dated: _q 1 l q /0,�_
Approved As To Form:
City Attorney
11'
til
v
CITY OF: LA HABRA
ATTEST:
By:
By: MAYOR, Juan Garcia
City Clerk , Sharie Apodaca
Dated: August 4, 2003
Approved As To Form:
i � •�
�OF LA q�
POf?�� '99
* JANUARY 20
1925
Or
Pr
CITY OF: La Palmg
ATT
Ld_�%1d d-.
Dated: `�_P�C�1] ,,� xl= � `-
Approved As To Form:
City Attorney
CITY OF:
ATTEST -
By:
0� �G �� 6
City Clerk
o
Dated: L- .3c,0.a $y "r' 29.+�
Approved As To Form
City Attorney
CITY OF: Laguna Hills
0
By:
City Clerk
Mary A. Carl s.,n
Dated: August 26, 2003
Approved As To Form:
City Attorney
i11r11fii�
Dated: Au ust 20 2003
ATTEST:
Pamela Lawrence
Acting City -Clerk
CITY OF LAGUNA NIGUEL
By: Gj
Mike Whipple
Title: Mavor
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Terfy E Dixo?t; EKq.
City At T
rney
i'
CITY OF:
ATTE61-
By" r +
By
City Clerk
Dated: %%A�:i
Approved As To Form:
City Attorney
CITY OF:
ATTEST
By:
By: MAYOR
ATTEST:
Xi
City Cler4,
q
Dated: August 5, 2003
Approved As To Form:
City Attorney
CITY ....
By: Cmaril)AM. Poe, Mayor
ATTEST:
Susan C. Vanderpool, City Clerk
Dated: S-la-63
APPROVED AS TO FORM:
Dca erleth, ity Attorney
CITY OF: / ;'iIlle D
City Cleric
Dated:
Approved As To Form:
City Attorney
ww kwopc* % a rw wo avow oft at
as ad br aV� cq Cmad so 0 VANIM MMA
cairona� oa d �K.2.3�
ary
br
CITY OF NE%V)PORT BE H C
By: Dated: 7 G
Leven Brornber-e vor
r I ,v
Dated:
LaVonne Harkless, City Cler • f of h• ,,
AP
BY
d:
CERTIFIED AS A TRUE AN CORRECT COPY
CITY GLE pK OF TH* CITY OF WWPNI BEACH
[DATE:-'-
MINUTES
ORANGE COUNTY FIRE AUTHORITI'
Executive Committee Meeting
August 28. NO3
6:00 P.MI.
t?. Approval of 800:%1Hz Back -bone Cost- Sharing Agreement with Orange County
Sheriff Department. Communications Di%ision
On motimi of Vice Chair BiAe and second by Director Rnschel. the Exectak
Committee voted unanmiously to approve the terms of the ,Amendment to the Joint
Agreement for the Implementation and Operation of the Orange County 800 MHz
County-xvide Coordinated Communications System (CCCS) and authorize the Fire Chief
to execute two copies of the Joint Agreement Amendment.
OCF_-\ Minutes
Executive Committee Nleeunr
Aueust 28. 200=
ORANGE COUNTY FIRE AUTHORITY
By
Cha' an
Dated:
ATTEST:
1
C21? �c-,'r- 1•'C�-flk2c�^
Clerk of the Authority
APPROVED AS -TO FORM:
Authority Counsel
Dated: -
CITY OF: ORANGE
By: 1,VJei_N—h
Mirk A. Murphy, 491�
r
By:
ATTEST:
City Clerk Cassandra J. Cathcart
Dated:
Approved As To Form:
c;ITY OF:
PLACENTIA
J%TTEST:
13y:��
SCOTT P. BR4DY, MAYOR
3y:
yo
City Clerk
Dated: OCTOBER 21, 2003
Approved As To Form:
City Attorney
��_ 7 � , ��cl_
NOMAS F. NIXON, CITY ATTORNEY
CITY OF: Ranc-hn Santa Margari rn
ATTEST:
B Thompson, Mavor
L-
Debbie Zaun, City C1e k
Dated:
Approved As To Form:
City Attorney
o n E. Cavanau , City tt ne,
CITY OF SAN CLEMENTE
B)r_
Stephanie orey
Title: Mayor
ATTEST:
6
C1TY of the City of
San Cle ente, California
J
Daied Cam;
Approved as to Form
CiJ'y from y
The City of San Juan Capistrano approves the terms of the Amendment to the Joint
Agreement for the Implementation and Operation -of the Orange County 800 MHz
Countywide Coordinated Communications System.
CITY OF SAN JUAN CAPISTRANO
MWEsi1/
s- �.
ATTEST:
-4, 1 GI.
MArga►et R. Monahan, City Clerk
APMOVEOrAS TO FORM:
John N Shaw, City Attorney
a S
Date
1 3
Date
Dat
jV cal copy at ttw orgtinaa
'ter +wepnm8 u,st+vmee+t (i4 / ftii 20
ihs ctllce. Attest:
C,lr Cle+k of the Cttq o! San en C wu �cc nth bt Oraq�
B�:
CITY OF: SANTA ANA
By:
DAVID N. REAM
By: City Manager
HTTE
�---yL. HEALY
City Clerk
Dated:
,approved As To Form:
1:ity Attorney
.10SEPH W. FLETCHER
CITY OF: SEAL BEACH
Patricia E. am be 1, #tayor
City of Seal Beach
By:
B C_
Y•
#y" Clerk C
Dated: Lae-oLet�- Obi
Approved As To Form:
City Attorney
CITY OF: STAN TM 044
ATTEST:
By.
By:
r'.ev►da Gr 0,4�
City Clerk
Dated: 00— l 9 r O 3
Approved As To Form:
City Attorney
CITY OF: Tustin
ATTEST:
By= ___
J�A
B Tracy Worley Hagen, Mayor
City Cierk Famela Stoker
Cater:. August 4, 200::
Approved As To Form:
City Attorney
Lois Jeffrey �'
GITY OF: V1j-_t A - PARK
ATTE
By.
ELL, Mayor
Dated: _�''�
Approved As To Form.
City Attorney
r_
CITY OF WESTMINSTER
Don Vestal, City Manager
ATTEST:
►•.treras.
Approved As To Form.
City Attorney
1
CITY'OF: YORBA L 114DA
By:
JAMI'S N. WINDER
MAYOR
ATTEST:
�y
City Clerk
,Dated: r ` — G r
ivroved As To Form -
BEST BEST & KRIEGC'r:. LLF
City Attorney
AQ.UL.,�. +C • t A
SONIA R. CARVALHO
E
a
-'�-
C.
R r, f
C A 9
Lh�elL
CA
Ll
S34-2-21
COUNTY EXECUTIVE OFFICE
RISK MANAGEMENT
No% ember 3,1998
Cit.- ofl-luntin-ton Beach
Attention: City- Clerk
2000 ✓lain Street
I-lumington Beach. CA 92648
Enclosed please find a certificate of insurance issued by the County of Orange. The
co\ erage is for the County's 800 MI lz facility located on your Administration Building at
the City of Huntington Beach Civic Center
Sincerely,
Mary LdjLidice
/nil
Enclosure
cc- Rav Weems
Sheri —IT -Real Estate
J.
Ll
•
COUNTY OF ORANGE
CERTIFICA`hE OF SELF-INSURANCE
1)
General Liability
2)
Professional Liability
3)
Workers' Compensation
4)
Automobile Liability
5)
Property Damage
Office of Risk Management. 12 Civic Center Plaza. Room 324. Santa Ana, CA 92701
overagesfhis is to certify that the Count% of Orange is self -insured for the following
co%erases:
Type of Coverage
Self -Insurance Limit
General Liability: Bodily Injure- and Property Damage
S2,000.000
Professional Liability,Medical Malpractice
$2.000.000
Workers' Compensation/Employers' liability
$2,000.000
Automobile I..iabilit-: Vehicles owned, non-o-med and hired
S2.000,000
Property Insurance
$2,000.000
Terms, Conditions and Special Items-
The provisions under General Liability, above, shall apply only with respect to claims arising out of the
negl1-gent acts or omissions of the County of Orange. its officers, agents and employees or any other
person under its direction and control.
Cancellation- Should any of the above described self -insured coverages he modified or cancelled before
the expiration date sho.vn below. the Count,. of Orange yill provide 30 days written notice to the named
certificate holder_
Certificate Holder
City of Huntinl-ton heath
Attention= City Clerk
2000 plain Street
Fiuntington Beach. CA 92648
Certificate Ifolder is an additional insureddoss payee
Date Certificate issued: 1 1-03-98
Certificate Inspiration Date: 6130i99
's3'haron O. Light older
Manager, Risk Management
714-834-2815
SlCert1999
Endorsement to Certificate of Insurance
Issued to Cit}' of Huntington Beach
November 3, 1998
RE: Cornrty's 800 Afflz Project
Project No: GA I239-54
Cit1• of Huntington Beach, Civic Center
The City of I luntington Beach_ its officers, employees, directors, representatives.
volunteers and agents are an additional insured as respects operations and activities of. or
on behalf of the named insured.
All rights of subrogation are hereby- waived against the City of Huntington Beach and
their respective insurers.
It is agreed that any insurance available to the City of Huntington Beach Nyill apply in
excess of. and not contribute to%vards the insurance provided by this polio}' -
This insurance will not be canceled. limited in scope or coverage until after thirty (30)
days' prior «ritten notice has been given to the City Clerk. City of Huntington Beach.
2000 Main Street. Huntington Beach. California 92648.
F
F9
L
, 7
COUNTY OF ORANGE
CERTIFICATE OF SELF-INSURANCE
1)
General Liability
2)
Professional Liability
3)
Workers' Compensation
4)
Automobile Liability
Office of Risk Management, 12 Civic Center Plaza, Room 324, Santa Ana, CA 92701
Coverages: This is to certify that the County of Orange is self -insured for the following
coverages:
Type of Coverage
Self -Insurance Limit
General Liability: Bodily Injury and Property Damage
S1,000,000
Professional Liability
$1,000,000
Workers' Compensation
Statutory
Automobile Liability: Vehicles owned, non -owned and hired
$1,000,000
.f
Cancellation- Should any of the above described self -insured coverages be modified or cancelled before
the expiration date shown below, the County of Orange will provide 30 days written notice to the named
certificate holder.
Certificate Holder Date Certificate Issued: 05/02/01
City of Huntington Beach Certificatc Expiration Date: 06/30/02
2000 Main Street
Huntington Beach, CA 92648
Attention. Robert Martinez
Right of Entry for Monitoring Activities on City of Huntington Sharon 0. Lighth er
Beach Property - Gothard Street Landfill (PM 105-18) Manager, Risk Management
Certificate Holder is an Additional Insured 714-834-2815
SICertIWMD.Hunt. Bch. 52.01.xis
• •
Endorsement to Certificate
of Insurance
Issued to City of Ilundngton Beach
May 2, 2001
Re: GothardS&m Landfill
(PM 105-I8)
It is agreed that any insurance maintained by the City of Huntington Beach shall apply in excess
of, and not contribute with, insurance provided by this certificate.
The City of Huntington Beach, its agents, its officers, employees and volunteers are Additional
Insureds, but only as respects to liability arising out of County of Orange operations at Gothard
Street Landfill.
2tt 0q7 Integrated Waste Management Department
a �
1_91j,;OVS41"
John W. Sibley, Director
320 North Flower Street • Suite 400 • Santa Ana California 92703 • (714) 834-4000
.%-%%: •.oc.ca_,,ov- "-md
May 11, 2001
Douglas Stack
principal Civil Engineer
City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach
CA 92648
Subject: Right of Entry to City Property for Monitoring the Closed Gothard Street Landfill
Dear Mr. Stack:
Enclosed is a renewed certificate of self-insurance per the Right of Entry dated January 11, 2000
between the City and the County for Monitoring the Closed Gothard Street Landfill.
If you have any questions, please contact me at (714) 834-4053 or at e-mail address
:lL:jl,l:d,V(/ 1V'J11d.co_(1ran11e.Ci. US.
Sincer i�•,
i
Richard A er
Management Services
enclosure
c,: City Clerk
Julie Russell, Claims Supervisor
Mike Giancola
Ron Pierre
COUNTY OF ORANGE 2)
CERTIFICATE OF SELF-INSURANCE 3)
4)
General Liability
NO .
Professional Liability 60o,aJ
Workers' Compensauon_,yd,i�
Automobile Liability el
D
Office of Risk Management, 12 Civic Center Plaza, Room 324, Santa Ana, CA 92701 7
Coverages: This is to certify that the County of Orange is self -insured for the following
coverages:
Type of Coverage
Self -Insurance Limit
General Liability: Bodily Injury and Property Damage
$1,000,000
Professional Liability
$1,000,000
Workers' Compensation
Statutory
Automobile Liability: Vehicles owned, non -owned and hired
$1,000.000
Terms, Conditions and Special Items:
The provisions under General Liability, above, shall apply only with respect to claims arising out of the
negligent acts or omissions of the County of Orange, its officers, agents and employees or any other
person under its direction and control.
Cancellation: Should any of the above described self -insured coverages be modified or cancelled before
the expiration date shown below, the County of Orange will provide 30 days written notice to the named
certificate holder -
Certificate Holder
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: Robert Martinez
Right of Entry for Monitoring Activities on City of Huntington
Beach Property - Gothard Street Landfill (PM 105-18)
Certificate Holder is an Additional Insured
Date Certificate Issued- 1-4-2000
Certificate Expiration Date- 6/30/2000
f
Sharon 0. Li-&Ktholder
Manager, Risk ?Jenagementy-' o
714-834-28'15�'
L�
1 ..
3
SiGert2000 13 o n
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4
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Ke 1 �7f- Fr�'G
Council/Agency Meeting Held: /D
Dlerred/Continued to:
Mf Approved ❑ Conditionally Approved ❑ Denied
AA GDO. d.s
G°jN I Clerk's Signature
Council Meeting Date- 10/19/98
Department ID Numbev FD 98-018
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator1;*ti
PREPARED BY: MICHAEL P. DOLDER, Fire Chief
SUBJECT: APPROVE EXTENSION OF M ORANDUM OF
UNDERSTANDING, CITY OF HUNTINGTON BEACH, 800 MHz
PROJECT, AND APPROVAL OF LEASE AGREEMENT BETWEEN
THE CITY AND THE COUNTY OF ORANGE FOR OPERATION OF
800 MHz ANTENNA AT CIVIC CENTER
Statement of Issue, funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
1) Should City Council extend the existing Memorandum Of Understanding between the City
and the County of Orange for the installation of an 800 MHz communications antenna
located at the Civic Center? The proposed extension is until December 18, 1998_ .
2) Should City Council authorize the Mayor to execute a Lease Agreement between the City
of Huntington Beach and the County of Orange for the lease of space in the equipment
room and roof area of the Civic Center for the operation and maintenance of an 800 MHz
antenna facility?
Funding Source:
The County of Orange is directly responsible for all project costs in regards to the purchase
of equipment and any electrical and air-conditioning modifications to Civic Center that are
necessary for the successful installation of the 800 MHz antenna. Indirectly, the City, along
with other participating cities and agencies, is contributing its fair share for the overall 800
MHz communications project. In addition to a $1 annual lease payment for the rooftop
facility, the County of Orange will compensate the City for all electrical consumption utilized
by the facility.
Recommended Action: MOTION TO:
1) Approve the extension of the term of the Memorandum of Understanding, City of
Huntington Beach, 800 MHz Project through December 18, 1998.
2) Approve and authorize the Mayor and City Clerk to execute a lease agreement between
the City of Huntington Beach and the County of Orange for the operation and 1
maintenance of the 800 MHz facility at Huntington Beach Civic Center. 1
C/
,r
REQUEST FOR COUNCIL ACTORN
MEETING DATE: 10/19/98 DEPARTMENT ID NUMBER: FD 98-018
Alternative Actions :
1) Do not approve the extension of the term of the Memorandum of Understanding, City of
Huntington Beach, 800 MHz Project and cease all antenna construction.
2) Do not authorize the Mayor and City Clerk to execute a lease agreement between the
City of Huntington Beach and the County of Orange for the operation and maintenance of
the 800 MHz facility at Huntington Beach Civic Center.
Analysis:
In December 1996, Council approved a Memorandum of Understanding between the City of
Huntington Beach and the County of Orange for the construction of an 800 MHz antenna
facility on the roof of the Huntington Beach Civic Center building (Attachment 1). This facility
will be part of the Countywide Coordinated Communications System (CCCS) network that
will provide common radio communications between all public agencies in the County. The
Huntington Beach Civic Center site was selected primarily to provide radio coverage for the
Huntington Beach area. The existing MOU between the City of Huntington Beach and the
County of Orange allows Huntington Beach to control the installation of the facility with funds
provided by the County. The MOU had a one year term and expired on December 18, 1997.
The extension of the MOU will provide for a new expiration date of December 18, 1998,
which will cover the remainder of the construction period.
Having gone through the approval process of the Huntington Beach Planning Commission
and the Design Review Board, the antenna structure is currently under construction and is
scheduled for completion prior to year end.
The Lease Between the City of Huntington Beach and the County of Orange for Equipment
Room Space in Connection with the Countywide 800 MHz Communication System
(Attachment 2) allows for the utilization of City property (Civic Center roof and penthouse
equipment room) for the operation and maintenance of the radio equipment antennae and
other mutual aid radio equipment relating to the CCCS. The County will pay $1 annual rent,
plus any utility costs directly related to this equipment.
The Orange County Board of Supervisors has already taken action to approve both the
extension of the Memorandum of Understanding and the execution of the Lease Agreement.
Environmental Status: None anticipated.
Attachment[s):
Memorandum Of Understanding. City of Huntington Beach, 800 MHz
Project
2 1 Lease Between the City of Huntington Beach and the County of
Orange for Equipment Room Space in Connection with the
Countywide 800 MHz Communication System
RCA Author: Keith, ext. 5235
RCA FD 98 018 800 MHz Antenna.doc -2- 10/06198 8:58 AM
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCQ,/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
AT'TENTION:,�,#A/e-me,
r
REGARDING:Zez;-� ,'i o !/ ,
City. State. Zip
See Attached Action Agenda Item .1--- l A _ Date of Approval 00
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
1CJw
8Ao"T
Connie Brockway
City Clerk
Attachments: Action Agenda Page
Remarks:
Agreement Bonds
RCA Deed
_1 t
Nam Department
Names Department
RCA Agreement
insurance
Insurance
Other ,
ACTION
A0,E no a
Other
RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name
Department RCA
Risk Management Dept
-
Agreement Insurance Other
Insurance
Received by Name - Company Name - Date
GTotlowup/coverltr
(Tetephon*: 714-536-6227 )
17) 10/19/98 - Council/Agency Agenda - Page 7
I-A2.(City Council Approve Professional Services Contract With Info.S s Business Solutions
For Maintenance And Modifications For Existing Mainframe Applications (600.10) —
Approve the Professional Services Contract between Info.Sys. Business Solutions and the City
of Huntington Beach, as prepared by the City Attomey, for maintenance and modifications for
existing mainframe applications (Attachment No. 1) and authorize execution by the Mayor and
City Clerk. Submitted by the Building and Safety Director
'Approved 7-0]
E'43. (City Council) Approve Communitv Development Block Grant (CDBG) Subarantee
Sample A-greement — Approve Waiver Of Usual Insurance Reguirements (340.70) —
1. Approve and authorize the Mayor and City Clerk to execute ten individual subgrantee
agreements' based on the sample contract (as approved by the City Attorney) between the
City and each public service agency (Attachment No. 1) and 2. Waive the usual insurance
requirements from the subgrantee contracts. (in previous years, the prevailing insurance
requirements have not applied to the Subgrantee agencies). Submitted by the Economic
Development Director
"(Adult Day Services, Boys & Girls Clubs/Fountain Valley (Financial Aid/Teen Program),
Communiri Services Pro -ram (CSP), Episcopal Service Alliance, Hotline of Southern
California, Interval House Crisis Shelter, Huntington Beach Community Clinic, Or_ ange
County Council on Aging, Fair Housing of Orange County (within the 20% Admin Cap),
Special Children's Connection Preschool}
JApproved 7-0]
E.-14. (City Council) Approve Extension Of Memorandum Of Understanding Between
County Of Orange& City Of Huntington Beach — 800 MHz Proiect And Approve Lease
Agreement Between The City And The County Of Orange For Operation Of 800 MHz
/ Antenna At Civic Center (600.25) —1. Approve the extension of the term of the
Memorandum of Understanding between the City of Huntington Beach and the County of
Orange for the installation of an 800 MHz Project through December 18, 1998. 2. Approve
and authorize the Mayor and City Clerk to execute a lease agreement between the City of
Huntington Beach and the County of Orange for the operation and maintenance of the 800
MHz facility at Huntington Beach Civic Center — Lease Between the City of Huntington
Beach and the County of Orange for Equipment Room Space in Connection with the
Countywide 800 MHz Communication System." Submitted by the Fire Chief
[Approved 7-0]
E:-15. (City Council) Approve Appointments To The Allied Arts Board — Casev. DeWitt. En
(110.20) — Approve the appointments of Diana Casey, .John DeWitt and Eveline Eng to the
Allied Arts Board. Their terms will expire on 6/30102. Submitted by the Community Services
Director
[Approved 7-0]
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA 1239-54
I GRIGINIAL
CLERK OF THE BOARD LEASE BETWEEN THE CITY OF HUNTINGTON BEACH
2 OFlAKE COUN17IND THE COUNTY OF ORANGE FOR EQUIPMENT ROOM SPACE
3 IN CONNECTION WITH THE COUNTYWIDE 800 MHZ
4 COMMUNICATION SYSTEM
5
6
7 THIS LEASE is made and entered into by and between the CITY OF HUNTINGTON
8 BEACH, a chartered city and municipal corporation, hereinafter referred to as "LESSOR," and
9 COUNTY OF ORANGE, hereinafter referred to as "LESSEE."
10 WHEREAS, LESSEE acknowledges that LESSOR owns that property described as the
11 Administrative building located at 2000 Main Street, Huntington Beach (hereinafter
12 "PROPERTY'); and
13 WHEREAS, LESSEE wishes to utilize a portion of the equipment room space in the
14 penthouse and the roof of the PROPERTY, (hereinafter referred to as "PREMISES"), as
15 described in "Exhibit A" and shown on "Exhibit B", which exhibits are attached hereto and by
16 reference made a part hereof, for radio equipment antennae and other mutual aid radio equipment
17 if authorized by LESSOR for the countywide 800 MHZ communications system (the
18 Countywlde Coordinated Communication System aka CCCS) (hereinafter "INSTALLATION")
19 and for no other purpose; and
20 WHEREAS, the proposed INSTALLATION, if properly installed, maintained and
21 removed will not interfere with the present use of PROPERTY by LESSOR or the public
22 generally.
g-�agmemWeq uipto l -doc
Project Name: 800 MHz
Project Location: City of Huntington Beach
Ci,dc Center
Project Number: GA1239-54
1 1. GRANT OF LEASE.
2 LESSOR does hereby grant to LESSEE a LEASE to enter upon and use
3 PROPERTY of LESSOR for the purpose of constructing and maintaining INSTALLATION in
4 that equipment room space having a dimension of approximately 10' by 25' f located in the
5 PREMISES.
6 2. TERM OF LEASE.
7 The term (TERM) of this LEASE shall commence on the Date of Execution by
8 LESSOR, and shall expire twenty (20) years thereafter, or on August 31, 2018, whichever date is
9 later. Parties agree that the commencement date will be confirmed in writing by either party upon
10 demand by the other. LESSEE is hereby granted options to extend the term of the LEASE on the
11 same terms and conditions for two consecutive ten-year periods commencing at the expiration of
12 the TERM. In order to exercise said options, LESSEE must notify LESSOR, in writing, of the
13 exercise of each option at least six months before the expiration of the TERM or the term as
14 extended.
15 3. COMPENSATION.
16 LESSEE shall pay to LESSOR the sum of One Dollar as annual rent for so long as
17 this LEASE shall continue. In addition, LESSEE agrees to pay LESSOR for electrical
18 consumption utilized by LESSEE. LESSEE'S electrical consumption will be metered separately
19 and billed to LESSEE annually_ Power consumption should be measured annually using an
20 average usage meter. The usage meter shall be accessible for reading by the LESSEE. LESSOR
21 shall annually, on or about January 1 st of each year present an invoice to LESSEE for the rent
22 and electrical consumption; provided however, that LES SOR' S failure to present an invoice to
2
g-`agmemeWcquiproI_ m
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 LESSEE shall not relieve LESSEE of LESSEE'S obligation to pay such charges. LESSEE shall
2 pay each invoice within 60 days after receipt of said invoice.
3 4. ELECTRICAL POWER, AIR CONDITIONING AND ACCESS.
4 A. POWER AND AIR CONDITIONING: Electrical power will be supplied
5 to the PREMISES through the Administration building power supply. LESSOR does provide
6 emergency power service to the building and agrees to continue to maintain said emergency
7 system; provided, however, LESSOR does not warrant the availability of such electrical power
8 either from LESSOR'S electrical utility provider or through its building's systems. LESSEE, if
9 LESSEE determines that an uninterruptible power source providing greater certainty is required,
10 shall install such emergency power storage facilities as LESSEE deems necessary to satisfy
11 LESSEE'S needs. Notwithstanding the foregoing, LESSEE may utilize the electrical power
12 provided to the PREMISES. LESSOR will endeavor to maintain the temperature of the
13 penthouse at a maximum 70 degrees Fahrenheit and a maximum seventy percent humidity.
14 LESSOR, or LESSOR's successor -in -interest, agrees that LESSOR shall not install nor
15 allow others users to install, operate, or maintain any electronic equipment on LESSOR owned
16 property, which, in LESSEE's opinion, interferes with LESSEE's 900 MHz system. LESSOR
17 shall provide LESSEE with thirty (30) days prior written notice of intent to install or approve the
18 installation of additional electronic radio equipment. Within said prior notice LESSOR shall
19 provide LESSEE with proposed radio frequency(ies) and other pertinent transmission
20 information. Within thirty (30) days after receipt of said prior notice, LESSEE shall respond to
21 LESSOR regarding any potential interference with LESSEE's 800 MHz system.
3
g lagreemenlequfprol doc
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 B. ACCESS: LESSOR agrees to permit access to INSTALLATION for
2 LESSEE'S employees which employees have been pre -approved by LESSOR at all times three
3 hundred sixty-five days per year. LESSEE shall periodically submit names of LESSEE'S
4 employees requiring access to INSTALLATION for LESSOR'S approval. Notwithstanding the
5 foregoing provisions pertaining to access, LESSOR may provide access by dispatching
6 LESSOR'S employees from remote facilities to open LESSOR'S building for access in the event
7 LESSOR should determine to terminate 24-hour on -site security.
8 5. ADDITIONAL OBLIGATIONS OF LESSEE.
9 A. LESSEE shall operate its system so as to not interfere with LESSOR'S
10 current or future building or communications systems.
11 B. LESSEE shall maintain the area under LESSEE'S control in good order
12 consistent with the general maintenance of LESSOR'S building and keep the area free of debris,
13 clutter and unsanitary conditions and any CC&Rs pertaining to the PROPERTY.
14 C. LESSEE may make improvements and changes to the PREMISES,
15 including but not limited to the installation of fixtures, partitions, counters, shelving and other
16 ancillary equipment required by LESSEE only after the review and approval of plans by
17 LESSOR. It is agreed that any such fixtures, partitions, counters, shelving, or equipment
18 attached to or placed upon the Premises by LESSEE shall be considered as personal property of
19 LESSEE, who shall have the right to remove same. LESSEE agrees that the Premises shall be
20 left in as good condition as when received, reasonable wear and tear excepted. Any construction
21 or installations shall conform to generally accepted industry practices and shall utilize fasteners
22 and systems consistent with any building systems.
4
9XagreemcnlequiproI doc
Project Name: 800 m1 z
Project Location: City of Huntington Beach
Civic Center
Project Number: GA 1239-54
1 6. INDEMNIFICATION.
2 LESSEE hereby agrees to, and does hereby, indemnify and hold LESSOR, its
3 officers and employees harmless from any liability for any damage, claims, or injury of any kind
4 to any person or property by reason of the placement of INSTALLATION by LESSEE upon
5 PROPERTY or any negligent acts by LESSEE, excluding therefrom only liability arising from
6 the sole negligence of LESSOR, its officers, agents, or its employees.
7 LESSOR hereby agrees to, and does hereby, indemnify and hold LESSEE, its officers
8 and employees harmless from any liability for any damage, claims, or injury of any kind to any
9 person or property by reason of the placement of INSTALLATION upon PROPERTY or any
10 negligent acts by LESSOR, excluding therefrom only liability arising from the sole negligence of
11 LESSEE, its officers, agents, or its employees.
12 7. INSURANCE.
13 Without limiting LESSOR'S right to indemnification, LESSEE agrees to secure
14 prior to commencing any activities under this LEASE, and maintain during the term of this
15 LEASE, insurance coverage as follows:
16 Workers' Compensation Insurance as required by California statutes;
17 Comprehensive General Liability Insurance, or Commercial General Liability
18 Insurance, including coverage for Premises and Operations, Contractual Liability, Personal
19 Injury Liability, Products/Completed Operations Liability, Broad -Form Property Damage (if
20 applicable) and Independent Contractors' Liability (if applicable), in an amount of not less than
21 One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an
22 occurrence form.
5
g %agreemenlequfprol doc
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 Each required insurance policy shall contain the following clauses:
2 "This insurance shall not be canceled, limited in scope or
3 coverage, or non -renewed until after thirty (30) days' prior written
4 notice has been given to the City Clerk, City of Huntington Beach,
5 2000, Main Street, Huntington Beach, California 92648."
6 "It is agreed that any insurance maintained by the City of
7 Huntington Beach shall apply in excess of and not contribute with
8 insurance provided by this policy."
9 Each insurance policy required by this LEASE, excepting policies for workers'
10 compensation and professional liability, shall contain the following clause:
11 "The City of Huntington Beach, its officers, agents, employees,
12 representatives and volunteers are added as additional insureds
13 as respects operations and activities of, or on behalf of the
14 named insured."
15 Prior to commencing any work under this LEASE, LESSEE shall deliver to
16 LESSOR insurance certificates confirming the existence of the insurance required by this
17 LEASE, and including the applicable clauses referenced above. Also, within thirty (30) days of
18 the execution date of this LEASE, LESSEE shall provide to LESSOR endorsements to the
19 above -required policies, which add to these policies the applicable clauses referenced above.
20 Said endorsements shall be signed by an authorized representative of the insurance company and
21 shall include the signator's company affiliation and title. Should it be deemed necessary by
22 LESSOR, it shall be LESSEE'S responsibility to see that LESSOR receives documentation
6
g �AZTmmen% quiproI -doc
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 acceptable to LESSOR which sustains that the individual signing said endorsements is indeed
2 authorized to do so by the insurance company. Also, LESSOR has the right to demand, and to
3 receive within a reasonable time period, copies of any insurance policies required under this
4 LEASE.
5 In addition to any other remedies LESSOR may have if LESSEE fails to provide
b or maintain any insurance policies or policy endorsements to the extent and within the time
7 herein required, LESSOR may, at its sole option:
8 A. Order LESSEE to stop work under this LEASE until LESSEE
9 demonstrates compliance with the requirements hereof, or
10 B. Terminate this LESSEE.
1 l Exercise of any of the above remedies, however, is an alternative to other
12 remedies LESSOR may have and is not the exclusive remedy for LESSEE'S failure to maintain
13 insurance or secure appropriate endorsements.
14 Nothing herein contained shall be construed as limiting in any way the extent to
15 which LESSEE may be held responsible for payments of damages to persons or property
lb resulting from LESSEE'S or its subcontractor's performance of the work covered under this
17 LEASE.
18 LESSEE may, at LESSEE's sole discretion, self -insure to meet the insurance
19 requirements of this Section 7. INSURANCE.
20 8. COMPLIANCE WITH LAW.
21 LESSEE agrees to so install and maintain INSTALLATION so as not to cause
22 any interference whatsoever with the use of PROPERTY by LESSOR and to maintain such
7
g tiagreemen!equiprol doc
Project Name: 800 MKz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA 1239-54
1 clearances are required by law or ordered by LESSOR from other LESSOR or other private or
2 public utilities. LESSEE agrees to comply with all applicable State and local laws in the
3 installation, operation, maintenance and removal or destruction of INSTALLATION. LESSOR
4 does not warrant the continued pathways for LESSEE'S communications systems to or from the
5 building nor the compatibility of LESSEE'S INSTALLATION with current or future
6 installations LESSOR may install.
7 9. TERMINATION.
8 A. LESSOR may, at its sole discretion, terminate this LEASE at any time by
9 giving LESSEE at least twenty-four months written notice of termination.
10 B. LESSEE may, at its sole discretion, terminate this LEASE by giving
11 LESSOR at least ninety days notice of termination.
12 10. INSTALLATION OF FIXTURES BY LESSOR.
13 LESSOR agrees to install, within ninety (90) calendar days of the Date of
14 Execution by LESSOR, those certain fixtures including electrical receptacles, cable tray, wall
15 penetrations, heating and air-conditioning, motorized exhaust fan, and motorized louvers, all as
16 shown on Exhibit C on file in the Office of Maintenance Administration.
17 11. CONDITION OF PREMISES UPON TERMINATION.
18 Upon expiration or termination of this LEASE, from whatever cause arising,
19 LESSEE shall remove all of LESSEE's personal property and return the PREMISES to the
20 condition of the PREMISES at the commencement of the TERM normal wear and tear excepted.
21 LESSEE hereby irrevocably grants to LESSOR the right to remove INSTALLATION at
8
g lag*eemen\cquipro l _doc
• •
Project Name: 800 MNz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
I LESSEE's expense in the event LESSEE should fail to remove INSTALLATION as required
2 herein.
3 12. NO PROPERTY INTEREST.
4 LESSEE agrees that the use of the portion of PROPERTY for INSTALLATION
5 will in no way create any right whatsoever in LESSEE which is adverse to any rights of
6 LESSOR, that the rights of LESSEE are the rights herein given by this LEASE and no other
7 rights whatsoever. This LEASE shall not be recorded in the Office of the County Recorder.
8 13. ASSIGNMENT.
9 Neither party may assign its rights under this LEASE without the written consent
10 of the other party.
11 14. GOVERNING LAW.
12 This LEASE shall be construed in accordance with the laws of the State of
13 California. LESSEE shall comply with all applicable laws in the installation, maintenance, and
14 operation of INSTALLATION including the ordinances and Charter of LESSOR.
15 15. NO THIRD PARTY RIGHTS.
16 The parties to this LEASE intend to create no rights in, or to grant any remedies
17 to, any third party as a beneficiary of this agreement.
18 16. TAXES AND ASSESSMENTS.
19 All taxes and assessments which become due and payable upon the PREMISES
20 shall be the full responsibility of LESSOR, and LESSOR shall cause said taxes and assessments
21 to be paid prior to the due date.
9
glagrcrmenkgwpro1 doc
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 17. BUILDING AND SAFETY REQUIREMENTS.
2 During the full term of this LEASE, LESSOR agrees to maintain the Premises in
3 compliance with all applicable building codes, statutes, and orders as they are applicable on the
4 date of this LEASE, and as they may be subsequently amended.
5 18. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE.
6 If either party hereto shall be delayed or prevented from the performance of any
7 act'required hereunder by reason of acts of God, performance of such act shall be excused for the
8 period of the delay; and the period for the performance of any such act shall be extended for a
9 period equivalent to the period of such delay. Financial inability shall not be considered a
10 circumstance excusing performance under this LEASE.
11 19. WAIVER OF RIGHTS.
I2 The failure of LESSOR or LESSEE to insist upon strict performance of any of the
13 terms, conditions, and covenants in this LEASE shall not be deemed a waiver of any right or
14 remedy that LESSOR or LESSEE may have, and shall not be deemed a waiver of any right or
15 remedy for a subsequent breach or default of the terms, conditions, and covenants herein
16 contained.
17 20. HAZARDOUS MATERIALS.
18 LESSOR warrants that the Premises are free and clear of all hazardous materials
19 or substances.
20 21. EARTHQUAKE SAFETY.
21 LESSOR warrants that the PREMISES is in compliance with all applicable
22 seismic safety regulations and building codes.
l i)
g LVeemenk,uipro1 doc
Project Name: 800 NAZ
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 22. LABOR CODE COMPLIANCE.
2 LESSOR acknowledges and agrees that all work on physical modifications
3 required to be performed as a condition precedent to the commencement of the terms of this
4 Lease or any such future work performed by LESSOR at the request of LESSEE shall be
5 governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7,
6 Division 2 of the Labor Code of the State of California (Sections 1770, et seq.). These
7 provisions are not applicable to modifications costing not more than $1,000.
8 Pursuant to the provisions of Section 1773 of the Labor Code of the State of
9 California, the Orange County Board of Supervisors has obtained the general prevailing rate of
10 per diem wages and the general prevailing rate for holiday and overtime work in the locality
11 applicable to the Lease for each craft, classification, or type of workman needed to execute the
12 aforesaid structural modifications from the Director of the State Department of Industrial
13 Relations. LESSOR herein agrees that LESSOR shall post, or cause to be posted, a copy of such
14 wage rates at the jobsite and shall pay the adopted prevailing wage rates. Copies of said
15 prevailing wage rates may be obtained from LESSEE's Orange County Sheriff's
16 Department/Real Estate. In addition, LESSOR shall provide continuously updated certified
17 payroll records to LESSEE.
18 Except as expressly set forth in the Lease, nothing herein is intended to grant
19 authority for LESSOR to perform construction work on space currently leased by LESSEE or for
20 which LESSEE has entered into a lease or lease amendment.
g lagreemenkqu ipro ! _ doc
Project Name: 800 MFiz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA 1239-54
1 23. HOLDING OVER.
2 In the event LESSEE shall continue in possession of the PREMISES after the
3 term of the LEASE, such possession shall not be considered a renewal of this LEASE but a
4 tenancy from month to month and shall be governed by the conditions and covenants contained
5 herein.
6 24. TIME.
7 Time is of the essence of this LEASE.
8 25. NOTICES.
9 Any notice pertaining to this LEASE required or permitted to be given by law or
10 this LEASE may be given by delivering said notice to the party at the following address:
11 County of Orange City of Huntington Beach
12 O.C.S.D./COMMUNICATIONS Attn: City Clerk
13 Attn: Mgr., Communications 2000 Main Street
14 840 N. Eckhoff Street, Ste. 104 Huntington Beach, CA 92648
15 Orange, CA 92868-1021
16
17 26. INVALIDITY.
18 If any provision, term, covenant, or condition of this LEASE is determined by a court of
19 competent jurisdiction to be invalid, void, or unenforceable, such invalidity shall not affect the
20 remaining provisions.
12
glagreemen\equiproI doc
Project Name: 800 iviHZ
Project Location: City of Huntington Beach
Civic Center
Project Number: GA 1239-54
1 27. ENTIRE AGREEMENT.
2 This writing constitutes the entire agreement between the parties with respect to the
3 subject matter hereof, and supersedes all oral or written representations or written agreements
4 which may have been entered into between the parties. No modification or revision shall be of
5 any force or effect, unless the same is in writing and executed by the parties hereto.
6 28. EFFECTIVE DATE AND AUTHORITY.
7 The signatory hereto represent that they hold the positions set forth below their signatures
8 and that they are authorized to execute this LEASE on behalf of their principals and to bind their
9 principals thereto. Unless a different date is provided in this LEASE, the effective date of this
10 LEASE shall be the latest Date of Execution hereinafter set forth below the names of the
1 I signatory hereto.
12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
13 on the dates hereinafter respectively set forth.
13
gAagreemeMequiprol doc
Project Name: 800 MH,
Project Location: City of Huntington Beach
Civic Center
Project Number: GA 1239-54
APPROVED AS TO FORM:
Gail Hutton, City Attorney '
Dated:-1 7 9 d�
COUNTY COUNSEL
urence M.
LOP,
Dated:Z
"LESSOR"
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayopz
Dated:
ATTEST:
City Clerk
Dated: &,�7cx;4- Y,,
14
g \agreemen\equiprol doc
I
2
3
4
5
7
8
9
10
Ii
12
13
14
15
16
17
18
19
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Project Name: 800 MO
Project Location: City of Huntington Beach
Civic Center
Project Number: GA 1239-54
RECOMMENDED FOR APPROVAL:
O.C.S.D./COMMUNICATIONS
�,;, w,�a.!Jm
or
O.C.S.D.IREAL ESTATE
By: ,....�
Real erty Agent
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE CHAIRMAN COUNTY OF ORANGE
OF BOARD OF SUPERVISORS -
117
Darle a J. loom I Chairman, Board of Supervisors
Clerk of the Board of Supervisors of "LESSEE"
Orange County, California
LSEP I18Z2o SEP 11998
DATED:
15
DATED.
g_1agreemen5.equipro I -doc
ri
LEASE DESCRIPTION (11.1 S)
PROJECT NO: GA 1239-54
PROJECT: CCCS 800 MHz System
DATE: July 28, 1998
WRITTEN BY: RGW
All the premises shown crosshatched on a plot plan marked Exhibit B, attached hereto
and made a part hereof, being a portion of that certain two (2) story building located at
2000 Main Street, also described as Administration building, in the City of Huntington
Beach, County of Orange, State of California, located in Blocks 1903, 2001, and 2002
of Tract 12, as shown on a map recorded in Book 9, Page 13 of Miscellaneous Maps in
the office of the County Recorder of the County of Orange.
NOT TO BE RECORDED
EXHIBIT A
s
0
SNOR
Z
0
b
YORK YEN AV
/Z Site Plan
HUNMNOTON BEACH REMOTE SITE
2000 MAIN STREET
HUNTINGTON BEAM CALIFORNIA 92548
�.
� I I
vES. •K......_ EAST
ADMINISTRATION EIJIL DING ROOF
I
i
SOUTH
Plot Plan
SITH/PLOT PLAN
Huntington Beach City Hall West, 800 MHz Facility nomad. Riy Weems
COUNTY OF ORANGE
2000 Main Street, Huntington Beach . ��� I
File No.. GA 1239-54 O.C.S.D./COMMUNICATIONS
O.C.S.D./COMMUNICATIONS EXHIBIT B Ex, vvig9a
ATTACHMENT 1
a . r)
Memorandum of' Understanding
City of Huntington Beach
800 MHz Project
The County of Orange (the County), as part of the 800 MHz system, is proposing to
build a tower structure on the roof of the Huntington Beach Civic Center to house the
antennas and microwave structures for the 800 MHz system and to make modifications
to the existing radio room (air conditioning, electrical, paint). Orange County Sheriff -
Coroner Department (OCSD) Communications has determined at this location, it would
be more cost-effective and less burdensome to all parties to transfer the development
of this site to the City of Huntington Beach (the City), who concurs. The terms and
conditioris of the MOU are as follows:
Section 1.0 Specifications. The County has developed specifications, Exhibit
A, for the tower structure and modifications required for the existing radio room to be
used for this 800 MHz.
Section 2.0 Permits. The City shall obtain the various permitting approvals
required, including but not limited to planning, FAA and CEQA documentation and
provide to the County prior to construction.
Section 3.0 Vendor Bids. The City shall solicit vendor bids for the project,
including the tower and radio room, according to their Purchasing Department policies.
The bids should include both design and construction.
Section 4.0 Vendor Selection. The City and the County shall review and
evaluate the bids and agree to a selected vendor and price, with County agreement
provided in writing before the bid contract is awarded.
Section 5.0 Costs. Should the cost of the site (tower and building
modifications) exceed $225,000 as specified by the County, the County shall be
responsible for the costs. However, the City will not proceed with the project without
County authority in writing, until additional funding is obtained. The City may elect to
make the radio room modifications themselves or use contractors to make modifications
to the existing radio structure including air, electrical or painting. Cost estimates must
be submitted to the County for its approval in writing prior to work being performed.
The County will be responsible for these costs, but the City will not proceed without
written approval of the County.
Section 6.0 Changes to Specifications. Any additional changes made to the
facility above and beyond the County specifications, for the City to accommodate other
City needs, shall be made at the expense of the City and with County approval in
writing.
Section 7.0 Payment. The County shall transfer the appropriate funds
necessary to pay for the project according to contract milestones as payments are due
and as verified by the County in writing.
W800MMz-121 JM:Skb 10/29/96
Section.8.0 Project Oversight. The City shall oversee project construction
with assistance and review by OCSDICommunications and County Architecture and
Engineering. Final approval of the site completion shall be provided to the City in
+Nriting.
Section 9.0 Site Lease. The City and County shall enter a lease for this site.
The primary purpose of the site is to provide radio coverage for Huntington Beach
public safety agencies and multi -agency Countywide mutual aid. The terms and
,•.onditions of the lease will include:
• A 20 year lease with an option for an additional 10 years.
• Rent shall 'be free.
• The tower structure will be as shown in the attached specifications. The radio
room will consist of the radio room as it exists today with modifications as
necessary to electrical and air conditioning.
Section 10.0 Term of Memorandum. This MOU shall be for one year from the
Mate the MOU is executed by the City of Huntington Beach. Both the County and the
1_'4ity may extend this MOU for one additional year if approved by the governing bodies
of the County and the City.
Section 11.0 Ciity's Indemnification of County. The City shall indemnify,
defend, and hold the County harmless from any and all claims, losses, demands,
expenses, costs and liabilities, including costs of defense of any lawsuit or proceeding
collectively, the "Claims") arising from or related to the City's acceptance of the Offer or
the construction and implementation of this Project, except any such losses caused by
County's negligent or willful acts.
11.1 County's Indemnification of City. The County shall indemnify,
defend, and hold the City harmless from any and all claims, losses, demands,
expenses, costs and liabilities, including costs of defense of any lawsuit or proceeding
(collectively, the "Claims") caused by County's negligent or willful acts arising from or
related to the City's acceptance of the Offer or the construction and implementation of
this Project.
Section 12.0 Arbitration.
12.1 Commencement of Arbitration. Disputed issues arising between
;:he parties under this Memorandum shall be resolved by arbitration .pursuant to this
-Section 12. Notwithstanding any other provision of this Memorandum to the contrary, if
he parties are involved in a dispute and arbitration procedures are commenced and
diligently prosecuted pursuant to this Section 12, a party who in good faith maintains
such dispute shall not be deemed to be in default under this Memorandum until the final
.arbitration decision is rendered, as provided in this Section 12. A party desiring to
initiate a permitted arbitration under this Memorandum shall give notice to the other
party specifying the matter to be arbitrated. Parties shall meet and endeavor to agree
upon an arbitrator.
1
'i61800MMz 121 JM skb 10/29/96 -2-
12.2 Selection of Arbitrator. If the County and the City are unable to
agree upon the arbitrator within 30 days of the initial arbitration notice, either party by
giving prior notice to the other party, shall have 30 days to request the Presiding Judge
of the Superior Court for the County of Orange, State of California, to appoint as the
arbitrator an impartial person qualified to act as arbitrator in accordance with the
provisions of Section 12.3 below, and the other party shall not raise any question as to
the judge's full power and jurisdiction to entertain the application and make the
appointment. The arbitrator shall decide the dispute (if it has not previously been
resolved) by following the procedure set forth in this Section 12.
12.3 QuaLifications ofI�tor. The arbitrator shall be chosen from a
class of disinterested persons qualified by training and experience to resolve the
particular issue in dispute In an Informed and efficient manner.
12.4 Binding Decision of Arbitrator. In the event of the failure, refusal,
or inability of any arbitrator to act, he shall appoint his successor, provided, however,
that any successor to the arbitrator shall be appointed in the same manner as the
arbitrator is to be appointed. The arbitrator shall, if possible, rendar a written decision
within 45 days after his or her appointment. A decision shall in all cases be binding and
conclusive upon the parties. Each party involved shall share the fees and expenses of
the arbitrator, if any. Each party shall pay the fees and expenses of its attorneys and
any witness it may call.
12.5 Expert Testimony_. The arbitrator shall have the right to consult
experts and competent authorities skilled in the matters under arbitration, but any such
consultation shall be made in the presence of both parties with full right to cross-
examine. The arbitrator shall give a counterpart copy of their written decision to each
party. The arbitrator shall have no power to modify the provisions of this Memorandum
(although the arbitrator shall not be prohibited from considering written agreements and
gather evidence of the intent and purposes of this Memorandum), and the jurisdiction of
•he arbitrator is limited accordingly.
12.6 Enforcement of the Arbitration Decision. The judgment or the
coward rendered in any arbitration initiated and conducted in accordance with this
Section 12 may be entered as a judgment in any court of competent jurisdiction and
shall be final and binding upon the parties. The arbitration shall be conducted and
determined at any location in Orange County, upon which the parties agree, in
accordance with the then prevailing commercial arbitration rules of the American
Arbitration Association or its successor, except to the extent such rules are modified as
set forth in this Section 12.
Section 13.0 Invalidi . If any portion of this Memorandum is held to be invalid
or unenforceable, the validity and enforceability of the remaining provisions or portions
thereof shall not be affected thereby.
Section 14.0 Amendment. This Memorandum may be amended only m a
writing executed by both parties.
9-31800MHz 121 JM skb 10/29196 -3.
0)
W.
Section 15.0 Entire Understanding: Integration,. This Memorandum constitutes
the entire understanding of each of the parties and is intended to integrate and
supersede any prior understandings, written or oral, on the subject matter of this
Memorandum.
Section 16.0 Applicable Law. The laws of the State of California shall govern
the interpretation and enforcement of this Memorandum.
Section 17.0 Default. If either party believes a default has occurred,
notification of that belief shall be sent to the defaulting party. The defaulting party shall
immediately commence to cure such defaults. Failure to cure a default within 30 days
of such notice shall trigger the arbitration provisions of Section 12 to ascertain damages
owed and/or compel specific performance on the part of the defaulting party.
Section 18.0 Inaction Not a Waiver of Default. Any failures or delays by either
party in asserting any of its rights and remedies as to any default shall not operate as a
waiver of any default or of any such rights or remedies, or deprive either party of its
right to request an arbitration decision concerning any claim of default under any of the
terms of this Memorandum.
Section 19.0 Successors in Interest. The terms, covenants, conditions and
restrictions of this Memorandum shall extend to and shall be binding upon and inure to
the benefit of the heirs, executors, administrators, successors and assigns of each of
the parties.
Section 20.0 Effectiveness of this Memorandum. This Memorandum shall
have no force or effect until it is (a) executed by each of the parties and (b) approved by
the governing boards or bodies of each of such parties.
Section 21.0 Notices. Any notices given under this Memorandum shall be in
writing and addressed to the parties as follows:
If to the County: Joseph W. Robben, Manager
OCSD/Communications
840 North Eckhoff Street. Suite 104
Orange, CA 92868-1021
Jim Murray, 800 MHz Project Manager
OCSD/Communications
840 North Eckhoff Street Suite 104
Orange, CA 92868-1021
If to the City: Roger W. Ham, Communpcatkons Administrator &
Information Systems Manager
Huntington Beach Police Department
2000 Main Street, P. O_ Box 70
Huntington Beach, CA 92648
96/800MHz.121 JM:skb 10/29/96 -a.
01) 0-)
At any time, any party may change the person designated to receive notices under this
Memorandum by giving written notice of such change to the other party.
Section 22.0 No Third Parties Benefited. This Memorandum is not intended to,
and shall not, create any rights in favor of or against any persons or entities other than
the parties hereto. Should any third party challenge, or commence an action regarding
this Memorandum, the parties agree to affirm the validity of, and defend, this
Memorandum.
Section 23.0 Attorneys' Fees. Each party shall bear its own costs and
attorneys' fees in connection with this Memorandum.
Section 24.0 Exhibits. Any and all exhibits hereto are incorporated as though
fully set forth herein.
Section 25.0 Cooperation in_Drafting. Each of the parties has cooperated in
the drafting and preparation of this Memorandum. Hence, in any construction to be
made of this Memorandum, the same shall not be construed against either party.
Section 26.0 Counterparts. This Memorandum may be executed in
counterparts, and when each party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original. and, when taken together
with other signed counterparts, shall constitute one agreement, which shall be binding
upon and effective as to all the parties, subject to the terms of Section 20 above.
961800MHz 121 JM skb IOt2sres -5.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their respective officers, duly authorized, upon the dates set forth opposite
their respective signatures.
COUNTY OF ORANGE, a political
wb ' is n of the State of California
Ely: r ,(/ �..
Codfirtnan of its Board of Supervisors
Date: WOV 1 9 1996
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
kmsT
�`
DarieABloom
Ccerk et the Soar i of Supervisors
of CL;ur!t;, or Orange, California
APPROVED AS TO FORM:
COUNTY COUNSEL
Gate:
9(v800MHz 121 !M svb IOrnm -6-
CITY OF HUNTINGTON BEACH
g00 79 100 �ftmm
Date: /Z—/k-n
ATTEST:
By: Lad:��
rrir
Date-
APPROVED AS TO FORM:
CITY ATTORNEY
Date: I Z L{ �� I✓
EXHIBIT A
COMMUNICATIONS ROOD -MOUNTED FRAME PERFORMANCE
SPECIFICATIONS
SECTION 13100
PART 1.00 GENERAL.
1.01 DESCRIPTION
A. This project is to design, fabricate, and erect a 16-foot high, four-ieg, roof -mounted fixes for
communications antenna system with special communications antenna and microwave dish mounting
stztxxi ts, modifications to the rooftop to support the antenna support system on an eadsting
buildizig in a zone 4 seismic area located at the Huntington Beach Civic Center -at 2000 Main Street
in the City of Huntington Beach.
1.02 SCOPE
A Scope: Labor, material, transportation, equipment and engineering to completely design,
fabricate and erect a 16-foot high, four -leg, roof -mounted frame and its associated support system for
radio communications anter mas, including., but not limited to -
Structural design and fabrication of roof -mounted frame to specifications.
2. Structural design and installation of associated support system for roof -mounted frame-
3. Safety platforms on roof -mounted dame
4. Antenna supports with special mounting brackets.
Installation of antenna support system and modifications to roof -top_
I.03 Quality Assurance
A. Desim fabrication and erection shall be in accordance with the latest edition of the Electronics
Industry Association (E.i.A.) Standard RS-222 (except in the area of wind loading, tower twist and
sway requirements that as defined in this specification exceed the minimum E.I_A_ Standard), the
American Institute of Steel Construction (A-I.S.C.) Specifications and the American Concrete Institute
(A.C.I.) Building Code Requirements. Where a conflict may exist between codes, the more stringent
Shall prevail.
COMMUNICATIONS TOWER 13100-1
S. Design, fabrication and installation of the roof -mounted antenna support frame and its
associated support system shall be by a single source manufacturer with significant experience who has
been regularly engaged in the design, fabrication and installation of communications and/or microwave
antenna support systems for a minirmun of ten years.
C. Installation of roof -mounted antenna nippott dame and its support system shall be the sole
responsibility of the manul comer and shall be executed by and under the direction of the
The mamiacturer may engage an expenewA d erector who shall pertorm these tasks for and trader the
xndance of the maaufairer but who shall have a minirnum offive years emus and be regularly
eked in the installmion of communications and/or microwave antenna support systems equal to the
scope of work required in this specification. If an enactor is retained by the m u&cft e; contractor
shall submit the erector's qualifications to the County and OCSD/Communications Division for its
approval prior to commence of work installation of roof -mounted frame and its support system shall
meet all inspections or testing as required by the County of Orange or other buAding codes that direct
the installation of strucmral support systems.
1.04 Submittal
A- A complete set of plans and engineering calculations for roof -mounted frame and its support
syvem shall be submitted to OCSD/Commit ications Division for conceptual review prior to
fabrication or submittal to the County of Orange Environmental Management Agency/Development
Services Division_ The plans shall show placement of all antenna mounts, safety platforms and
methods of attachment of each. Allow one week for review and any necessary reviews following if
corrections are required.
1.05 Product Storage
A All parts shall be stored ordy in an approved locauon.
PART 2.00 PRODUCT
2.01 COMMUNICATIONS ROOF -MOUNTED FRAME TOWER
A. Except as otherwise specified, provide and instals root -mounted fiame and its support system
as manufactured by.
NUCROFLECT, 3575 25th Street S.E Salem, Oregon 97309-0985, (503) 363-9267
2. TOWER STRUCTURES, 1869 Nirvana Avenue, Chula Vista, California
92011, (619) 421-1181
E'0MMUNICATIONS TOWER 13100-2
11
3 FWT Inc 1901 East Loop 820 South, Fort Worth, Texas 76112-7899
1-800-433-1816 Fax (817) 429-6010
or considered equal that shall require prior approval by the OCSD/Communications Division.
2.02 Engineering
A Plans and structural calculations certified by the Professional Structural Engineer of record
registered in the State of California, shall be provided and shall be included in the cost of the project.
The roof -mounted frame and its support system design criteria shall conform to the 1994 Uniform
Building Code and meet the herein Tower Requirements (2.03), whichever is greater for each design
issue.
B. Plans and structural calculations shall be submitted to the County of Orange Environmental
Management Agency/Development Services Division for approval mil a permit obtained prior to
fabrication
2.03 Roof -Mounted Frame Requirements
A. Roof -mounted frame and its support system shall be HOT -DIP GALVANIZED per ASTM
A123 after fabrication and all hardware per ASTM A153. Cralvalloy all connections of the support
system after installation All steel and hardware used in the construction of the roof -mounted frame
and its support system shall be American made. Manufacturer and supplier shall provide certification
Roof -mounted frame, its support system and all antenna mounting brackets shall be unpainted. Twist
and sway shall not exceed 0.40 degrees at microwave dish antenna mounting points All
communications antenna mounting structures shall provide for antennas to be mounted in a plumb
position
B. The roof -mounted frame shall be 16-feet in height and shall be of fbur4m construction. The
exposure "C" design criteria for the root -mounted f mm and its support structure shall be for a basic
wind speed of 100 mile per hour with ice loading of none and shall be for zone 4 seismic area in
accordance with the 1994 Uniform Building Code The roof -mounted frame shall be of vertical
construction for the entire 16-feet. The 16-foot vertical construction shall be 120 inches between leQ
centers on the long side and 84 inches on the short side Each kg, iust above the mounting flange, shall
have a 1/2-inch hole for attachment of the groundinsn system
C_ The roof -mounted frame shall be constructed with antnle and shall have three bays. Frame sha11
have bracing at the 8-foot height and the mount= bav shall be from the 12-foot level to the 16-toot
level The design shall follow that of the I frame as prod oad by Mic roflect Tower Company of Salem_
Oregon.
( (AINIUNICATIONS TOWER 13100-3
D. Work platforms shall be installed inside the root -mounted Frame at the 12-foot level running
from the 14-foot side of the roof -mounted frame to the 7-foot side at legs #1 and #3. Frame shall have
step -bolts for climbing installed on leg #4.
E. The antenna roof-m anted imams and its associated support system shall be installed as
depicted in drawing included with this specification The northwest corner of the fiame shall be
considered leg # 1. Numbering shall continue in a clockwise manna' with leg # 4 being the most
southwesterly leq.
F. Mouraukq structures for attachmeat of microwave dish antennas shall be provided and shall be
installed on the frame at the time of installation. Microwave dish mounts shall be installed on legs one
and three and shall consist of41f2" pipe 100 inches in length. Pipe shall extend above fiame 48 inches
and shall be attached to the frame at the top level and at the 12-foot level.
G. Communications antenna, mount for the transmit shall be 2 3/8" pipe side -mounted on the
frame and shall extend twenty-four vichm above the frame height. Communications antenna mount for
the receiver shall be specially constructed of pipe descending in size so as to provide structural support
for the antenna and service personnel climbing and shall be attached to the roof -mounted frame for
support and lateral-tluiiq stability. This mount shall extend above the frame structure 22 feet and step -
bolts for climbing shall be installed. The top 30-inches shall be 2 3/8" inch pipe.
R Use of Andrew LDF5-50A coaxial cable shall be considered as specified for standard
communications antenna installations and Andrew EW63 Elliptical waveguide considered as specified
for microwave dish installations.
2.04 Design Loading
A. Loading at the 16-foot level shall be: one each eight -foot, high-performance microwave dish
antenna on leg #1 with an azimuth of 315.55°, one each- eight -foot, high-performance microwave dish
antenna on leg #3 with an azimuth of 150.150, one each Celwave PD 10164 antenna for the transnvt
mounted at 24" above frame level between legs 92 and #3. The mounting of the receive antenna shall
be on the specially constructed mount and shall be mounted 22-foot above the 16-foot frame level_
PART 3.00 EXECUTION
3.01 - Inspection
A. The erector shall inspect the site to verify the ability to erect the roof -mounted frame and its
associated support system in the designated location Care sha be taken to erect the tower in such a
mariner that should material or equipment fail, it will not come in contact with any existing buildine of
structure.
COMMUNICATIONS TOWER 13100-•
W
3.02 Erection
A Roof -mounted frame and its associated support system erection shall be in strict accordance
with nmuflowrees recommaidations. Erector shall be responsible for design and erection of
temporary bracing and shoring as may be required until all members are m place and secured to farm a
self-aMporting unit.
3.03 Clean up
A. Frame eneaor shall remove all debris and equipment from the insWation site upon completion
of instatiation.
C;OMMUMCATIONS TOWER 13100-5
�_�
r
POroppt L1411 0
iIR'-R• � '1'Y 7' `wry.
NOT TO SCALE
NaTCS,
I
R
Sh..' 5-20 of StrtCl, # aro.VQf HUNTINGTON BEACH CIVIC CENTER
05/13/96
RADID/rACILITY/REH07ES/HUNTING/HUNTON08.Aui
4'-0'
NOT TO SCALE
22'-0.
(Typical 2 Plcs)
4 Ve ' O.D. Plpe
16'-0'
=VEL
Leg II
N❑RTH SIDE VIEW
ROOF LEVEL
Leg N3 Leg 112
7-0'
EAST END VIEW
HUNTINGTON BEACH CIVIC CENTER
05/15/96
RADiD/FACILITY/REMOTES/HUNTING/14UNTON09DWG
ll�
ROOF MOUNTED FRAME
FOR
HUNTINGTON BEACH CIVIC CENTER
NOT TD SCALE
05/13/96
RADIO/FACILITY/REMOTES/HUNTING/H'-tjTO^:07 3ur,
ATTACHMENT 2 1
DUPLICATE �� °�-
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA 1239-54
1 LEASE; BETWEEN THE CITY OF I IUNTTNGT'ON BEACH
2 AND THE COUNTY OF ORANGE: FOR EQUIPMENT ROOM SPACE
3 IN CONNECTION WITH THE COUNTYWIDE 800 MHZ
4 COMMUNICATION SYSTEM
5
6
7 TI IIS LEASE is made and entered into by and between the CITY 01- HUNTINGTON
8 BEACII, a chartered city and municipal corporation, hereinafter referred to as "LESSOR," and
9 COUNTY OF ORANGE, hereinafter referred to as "LESSEE."
10 WHE:RI.AS. LESSEE acknowledges that LESSOR owns that property described as the
1 I Administrative building located at 2000 Main Street, I luntington Beach (hereinafter
12 "PROPERTY"); and
! 3 WIJEItE;AS, LESSEE wishes to utilize a portion of the equipment room space in the
14 penthouse and the roof of the PROPERTY, (hereinafter referred to as "PREMISES"), as
15 described in "Exhibit A" and shown on "Exhibit B", which exhibits are attached hereto and by
16 reference made a part hereof; for radio equipment antennae and other mutual aid radio equipment
17 if authorized by LESSOR for the countywide 800 MHZ, communications system (the
18 County,,;ride Coordinated Communication System aka CCCS) (hereinafter "INSTALLATION")
19 and for no other purpose, and
20 WHEREAS, the proposed INSTALLATION, if properly installed, maintained and
21 removed will not interfere with the present use of PROPERTY by LESSOR or the public
22 generally.
g ,1CreemenlcgwPr0 I dix
Project Name: 800 MHz
Project Location: City of Huntington Beach
Ci%ic Center
Project Number GA1239-54
1 1. GRANT OF LEASE-
2 LESSOR does hereby grant to LESSEE a LEASE to enter upon and use
3 PROPERTY of LESSOR for the purpose of constructing and maintaining INSTALLATION in
4 that equipment room space having a dimension of approximately 10' by 25' f located in the
5 PREMISES.
6 2 TERM OF LEASE.
7 The term (TERM) of this LEASE shall commence on the Date of Execution by
8 LESSOR, and shall expire twenty (20) years thereafter, or on August 31, 2018, whichever date is
9 later. Parties agree that the commencement date will be confirmed in writing by either party upon
10 demand by the other. LESSEE is hereby granted options to extend the term of the LEASE on the
11 same terms and conditions for two consecutive ten-year periods commencing at the expiration of
12 the TERM. In order to exercise said options, LESSEE must notify LESSOR, in writing, of the
13 exercise of each option at least six months before the expiration of the TERM or the term as
14 extended.
15 3. COMPENSATION.
16 LESSEE shall pay to LESSOR the sum of One Dollar as annual rent for so long as
17 this LEASE shall continue_ In addition, LESSEE agrees to pay LESSOR for electrical
18 consumption utilized by LESSEE. LESSEE'S electrical consumption will be metered separately
19 and billed to LESSEE annually. Power consumption should be measured annually using an
20 average usage meter. The usage meter shall be accessible for reading by the LESSEE_ LESSOR
21 shall annually, on or about January I st of each year present an invoice to LESSEE for the rent
22 and electrical consumption; provided however, that LESSOR'S failure to present an invoice to
2
;1:'agreemcn*quipro 1. Goc
!'roject Name: 800 MHz
'roject Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 ;.ESSEE shall not relieve LESSEE of LESSEE'S obligation to pay such charges. LESSEE shall
2 oay each invoice within 60 days after receipt of said invoice.
3 4. ELECTRICAL POWER, AIR CONDITIONING AND ACCESS.
4 A. POWER AND AIR CONDITIONING: Electrical power will be supplied
5 :o the PREMISES through the Administration building power supply. LESSOR does provide
6 emergency power service to the building and agrees to continue to maintain said emergency
7 system; provided, however, LESSOR does not warrant the availability of such electrical power
8 �ithcr from LESSOR'S electrical utility provider or through its building's systems. LESSEE, if
9 LESSEE determines that an uninterruptible power source providing greater certainty is required,
10 shall install such emergency power storage facilities as LESSEE deems necessary to satisfy
11 LESSEE'S needs. Notwithstanding the foregoing, LESSEE may utilize the electrical power
12 provided to the PREMISES. LESSOR will endeavor to maintain the temperature of the
13 penthouse at a maximum 70 degrees Fahrenheit and a maximum seventy percent humidity.
14 LESSOR, or LESSOR's successor -in -interest, agrees that LESSOR shall not install nor
15 allow others users to install, operate, or maintain any electronic equipment on LESSOR owned
16 property, which, in LESSEE's opinion, interferes with LESSEE's 800 MHz system. LESSOR
17 shall provide LESSEE with thirty (30) days prior written notice of intent to install or approve the
18 installation of additional electronic radio equipment. Within said prior notice LESSOR shall
19 provide LESSEE with proposed radio frequency(ics) and other pertinent transmission
20 information. Within thirty (30) days after receipt of said prior notice, LESSEE shall respond to
21 LESSOR regarding any potential interference with LESSEE's 800 M1-Iz system.
3
g `3&rcemen;¢quiproI doe
•
Project Name: 800 M11Z
Project Location- Cite of Huntington Beach
Civic Center
Project Number: GA 1239-54
1 B. ACCESS: LESSOR agrees to permit access to INSTALLATION for
2 LESSEE'S employees which employees have been pre -approved by LESSOR at all times three
3 hundred sixty-five days per year. LESSEE shall periodically submit names of LESSEE'S
4 employees requiring access to INSTALLATION for LESSOR'S approval. Notwithstanding the
5 Foregoing provisions pertaining to access, LESSOR may provide access by dispatching
6 :(_ ESSOR'S employees from remote facilities to open LESSOR'S building for access in the event
7 LESSOR should determine to terminate 24-hour on -site security.
8 5. ADDITIONAL OBLIGATIONS OF LESSEE.
9 A. LESSEE shall operate its system so as to not interfere with LESSOR'S
10 -.urrent or future building or communications systems.
11 B. LESSEE shall maintain the area under LE;SSFE'S control in good order
12 consistent with the general maintenance of' LESSOR'S building and keep the area free of debris.
13 clutter and unsanitary conditions and any CC&Rs pertaining, to the PROPERTY.
14 C. LESSEE may make improvements and changes to the PREMISES,
15 including but not limited to the installation of fixtures, partitions, counters, shelving and other
16 ancillary equipment required by LESSEE only after the review and approval of plans by
17 LESSOR. It is agreed that any such fixtures, partitions, counters, shelving, or equipment
18 attached to or placed upon the Premises by LESSEE shall be considered as personal property of
19 LESSEE, who shall have the right to remove same. LESSEE agrees that the Premises shall be
20 left in as good condition as when received, reasonable wear and tear excepted. Any construction
21 or installations shall conform to generally accepted industry practices and shall utilize fasteners
22 and systems consistent with any building systems.
4
g l3grtemenlcyuiprol dut
Project Name: 800 MHz • •
Project Location: City of Huntington Beach
Civic Center
Project Number: GA 1239-54
1 6. INDEMNIFICATION.
2 LESSEF hereby agrees to, and does hereby, indemnify and hold LESSOR, its
3 of icers and employees harmless from any liability for any damage, claims, or injury of any kind
4 to any person or property by reason of the placement of INSTALLATION by LESSEE upon
5 PROPERTY or any negligent acts by LESSEE:, excluding therefrom only liability arising from
6 the sole negligence of LESSOR, its officers, agents, or its employees.
7 LESSOR hereby agrees to, and does hereby, indemnify and hold LESSEE, its officers
8 and employees harmless from any liability for any damage, claims, or injury of any kind to any
9 person or property by reason of the placement of INSTALLATION upon PROPERTY or any
10 negligent acts by LESSOR, excluding therefrom only liability arising from the sole negligence of
11 LESSEE:, its officers, agents, or its employees.
12 7. INSURANCE.
13 Without limiting LESSOR'S right to indemnification, LESSEI agrees to secure
14 prior to commencing any activities under this LEASE, and maintain during the term of this
15 LEASE:, insurance coverage as follows:
16 Workers' Compensation Insurance as required by California statutes;
17 Comprehensive General Liability Insurance. or Commercial General Liability
18 Insurance, including coverage for Premises and Operations, Contractual Liability, Personal
19 Injury Liability, Products/Completed Operations Liability, Broad -Form Property Damage (if
20 applicable) and Independent Contractors' Liability (if applicable), in an amount of not less than
21 One Million Dollars ($1 �000,000.00) per occurrence, combined single limit, written on an
22 occurrence form.
5
gWgrecmcnlequrproI Joc
Project Name- 800 MHz • •
Project Location: City of Huntington Beach
Civic Center
Project Number: GA 1239-54
l Each required insurance policy shall contain the following clauses:
2 "This insurance shall not be canceled, limited in scope or
3 coverage, or non -renewed until after thirty (30) days' prior written
4 notice has been given to the City Clerk, City of- Huntington Beach,
5 2000, Main Street, Huntington Bcach, California 92648."
6 "It is agreed that any insurance maintained by the City of
7 Huntington Beach shall apply in excess of and not contribute with
8 insurance provided by this policy."
9 Each insurance policy required by this LEASE, excepting policies for workers'
10 compensation and professional liability, shall contain the following clause: -
I 1 "The City of Huntington Beach, its officers, agents, employees,
12 representatives and volunteers are added as additional insureds
13 as respects operations and activities of, or on behalf of the
14 named insured."
15 Prior to commencing any work under this LEASE, LESSEE shall deliver to
16 LESSOR insurance certificates confirming the existence of the insurance required by this
17 I..EASE, and including the applicable clauses referenced above. Also, within thirty (30) days of
18 the execution date of this LEASE, LESSEE shall provide to LESSOR endorsements to the
19 above -required policies, which add to these policies the applicable clauses referenced above.
20 Said endorsements shall be signed by an authorized representative of the insurance company and
21 snall include the signator's company affiliation and title. Should it be deemed necessary by
22 LESSOR, it shall be LESSFE'S responsibility to see that LESSOR receives documentation
6
g'agrecmeWwquiprol ikK
17
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 acceptable to LESSOR which sustains that the individual signing said endorsements is indeed
2 authorized to do so by the insurance company. Also, LESSOR has the right to demand, and to
3 receive within a reasonable time period, copies of any insurance policies required under this
4 LEASE.
5 In addition to any other remedies LESSOR may have if LESSEE fails to provide
6 or maintain any insurance policies or policy endorsements to the extent and within the time
7 herein required, LESSOR may, at its sole option:
8 A. Order LESSEE to stop work under this LEASE until LESSEE
9 demonstrates compliance with the requirements hereof, or
10 B. Terminate this LESSEE.
11 Exercise of any of the above remedies, however, is an alternative to other
12 remedies LESSOR may have and is not the exclusive remedy for LESSEE'S failure to maintain
13 insurance or secure appropriate endorsements.
14 Nothing herein contained shall be construed as limiting in any way the extent to
15 which LESSEE may be held responsible for payments of damages to persons or property
16 resulting from LESSEE'S or its subcontractor's performance of the work covered under this
17 LEASE.
18 LESSEE may, at LESSEE's sole discretion, self -insure to meet the insurance
19 requirements of this Section 7. INSURANCE.
20 8. COMPLIANCE WITH LAW.
21 LESSEE agrees to so install and maintain INSTALLATION so as not to cause
22 any interference whatsoever with the use of PROPERTY by LESSOR and to maintain such
7
gAagreemen\equ ipro l .doc
Project Name: 800 MHz ( `
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 clearances are required by law or ordered by LESSOR from other LESSOR or other private or
2 public utilities. LESSEE agrees to comply with all applicable State and local laws in the
3 installation, operation, maintenance and removal or destruction of INSTALLATION. LESSOR
4 . does not warrant the continued pathways for LESSEE'S communications systems to or from the
5 building nor the compatibility of LESSEE'S INSTALLATION with current or future
6 installations LESSOR may install.
7 9. TERMINATION.
8 A.. LESSOR may, at its sole discretion, terminate this LEASE at any time by
9 giving LESSEE at least twenty-four months written notice of termination.
10 B. LESSEE may, at its sole discretion, terminate this LEASE by giving
11 LESSOR at least ninety days notice of termination.
12 10. INSTALLATION OF FIXTURES BY LESSOR.
13 LESSOR agrees to install, within ninety (90) calendar days of the Date of
14 Execution by LESSOR, those certain fixtures including electrical receptacles, cable tray, wall
15 penetrations, heating and air-conditioning, motorized exhaust fan, and motorized louvers, all as
16 shown on Exhibit C on file in the Office of Maintenance Administration.
17 11. CONDITION OF PREMISES UPON TERMINATION.
18 Upon expiration or termination of this LEASE, from whatever cause arising,
19 LESSEE shall remove all of LESSEE's personal property and return the PREMISES to the
20 condition of the PREMISES at the commencement of the TERM normal wear and tear excepted.
21 LESSEE hereby irrevocably grants to LESSOR the right to remove INSTALLATION at
8
gAagreemen\equiproI.doc
Project Name: 800 MHz (' '
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 LESSEE's expense in the event LESSEE should fail to remove INSTALLATION as required
2 herein.
3 12. NO PROPERTY INTEREST.
4 LESSEE agrees that the use of the portion of PROPERTY for INSTALLATION
5 will in no way create any right whatsoever in LESSEE which is adverse to any rights of
6 LESSOR, that the rights of LESSEE are the rights herein given by this LEASE and no other
7 rights whatsoever. This LEASE shall not be recorded in the Office of the County Recorder.
8 13. ASSIGNMENT.
9 Neither party may assign its rights under this LEASE without the written consent
10 of the other party.
11 14. GOVERNING LAW.
12 This LEASE shall be construed in accordance with the laws of the State of
13 California. LESSEE shall comply with all applicable laws in the installation, maintenance, and
14 operation of INSTALLATION including the ordinances and Charter of LESSOR.
15 15. NO THIRD PARTY RIGHTS.
16 The parties to this LEASE intend to create no rights in, or to grant any remedies
17 to, any third party as a beneficiary of this agreement.
18 16. TAXES AND ASSESSMENTS.
19 All taxes and assessments which become due and payable upon the PREMISES
20 shall be the full responsibility of LESSOR, and LESSOR shall cause said taxes and assessments
21 to be paid prior to the due date.
9
gAagreemen\equipro l .doc
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA 1239-54
1 17. BUILDING AND SAFETY REQUIREMENTS.
2 During the full term of this LEASE, LESSOR agrees to maintain the Premises in
3 compliance with all applicable building codes, statutes, and orders as they are applicable on the
4. date of this LEASE, and as they may be subsequently amended.
5 18. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE.
6 If either party hereto shall be delayed or prevented from the performance of any
7 act required hereunder by reason of acts of God, performance of such act shall be excused for the
8 per of the delay; and the period for the performance of any such act shall be extended for a
9 period equivalent to the period of such delay. Financial inability shall not be considered a
10 circumstance excusing performance under this LEASE.
11 19. WAIVER OF RIGHTS.
12 The failure of LESSOR or LESSEE to insist upon strict performance of any of the
13 terms, conditions, and covenants in this LEASE shall not be deemed a waiver of any right or
14 remedy that LESSOR or LESSEE may have, and shall not be deemed a waiver of any right or
15 remedy for a subsequent breach or default of the terms, conditions, and covenants herein
16 contained.
17 20. HAZARDOUS MATERIALS.
18 LESSOR warrants that the Premises are free and clear of all hazardous materials
19 or substances.
20 21. EARTHQUAKE SAFETY.
21 LESSOR warrants that the PREMISES is in compliance with all applicable
22 seismic safety regulations and building codes.
10
gAagreemen\equipro Ldoc
Project Name: 800 MHz +\
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 22. LABOR CODE COMPLIANCE.
2 LESSOR acknowledges and agrees that all work on physical modifications
3 required to be performed as a condition precedent to the commencement of the terms of this
4 Lease or any such future work performed by LESSOR at the request of LESSEE shall be
5 governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7,
6 Division 2 of the Labor Code of the State of California (Sections 1770, et seq.). These
7 provisions are not applicable to modifications costing not more than $1,000.
8 Pursuant to the provisions of Section 1773 of the Labor Code of the State of
9 California, the Orange County Board of Supervisors has obtained the general prevailing rate of
10 per diem wages and the general prevailing rate for holiday and overtime work in the locality
11 applicable to the Lease for each craft, classification, or type of workman needed to execute the
12 aforesaid structural modifications from the Director of the State Department of Industrial
13 Relations. LESSOR herein agrees that LESSOR shall post, or cause to be posted, a copy of such
14 wage rates at the jobsite and shall pay the adopted prevailing wage rates. Copies of said
15 prevailing wage rates may be obtained from LESSEE's Orange County Sheriff s
16 Department/Real Estate. In addition, LESSOR shall provide continuously updated certified
17 payroll records to LESSEE.
18 Except as expressly set forth in the Lease, nothing herein is intended to grant
19 authority for LESSOR to perform construction work on space currently leased by LESSEE or for
20 which LESSEE has entered into a lease or lease amendment.
11
gAagreemenlequ ipro l .doc
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 23. HOLDING OVER.
2 In the event LESSEE shall continue in possession of the PREMISES after the
3 term of the LEASE, such possession shall not be considered a renewal of this LEASE but a
4 tenancy from month to month and shall be governed by the conditions and covenants contained
5 herein.
6 24. TIME.
7 Time is of the essence of this LEASE.
8 25. NOTICES.
9 Any notice pertaining to this LEASE required or permitted to be given by law or
10 this LEASE may be given by delivering said notice to the party at the following address:
11 County of Orange City of Huntington Beach
12 O.C.S.D./COMMUNICATIONS Attn: City Clerk
13 Attn: Mgr., Communications 2000 Main Street
14 840 N. Eckhoff Street, Ste. 104 Huntington Beach, CA 92648
15 Orange, CA 92868-1021
16
17 26. INVALIDITY.
18 If any provision, term, covenant, or condition of this LEASE is determined by a court of
19 competent jurisdiction to be invalid, void, or unenforceable, such invalidity shall not affect the
20 remaining provisions.
12
g:lagreemen\equ ipro l .doc
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 27. ENTIRE AGREEMENT.
2 This writing constitutes the entire agreement between the parties with respect to the
3 subject matter hereof, and supersedes all oral or written representations or written agreements
4 which may have been entered into between the parties. No modification or revision shall be of
5 any force or effect, unless the same is in writing and executed by the parties hereto.
6 28. EFFECTIVE DATE AND AUTHORITY.
7 The signators hereto represent that they hold the positions set forth below their signatures
8 and that they are authorized to execute this LEASE on behalf of their principals and to bind their
9 principals thereto. Unless a different date is provided in this LEASE, the effective date of this
10 LEASE shall be the latest Date of Execution hereinafter set forth below the names of the
11 signators hereto.
12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
13 on the dates hereinafter respectively set forth.
13
g:lagreemeMequipro l .doc
Project Name: 800 MHz - -"
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
APPROVED AS TO FORM: "LESSOR"
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
Gail Hutton, City Attorney California
Dated: /0/7 /9
Mayor
COUNTY COUNSEL
Laurence M. Watson
Dated:
Dated: 101,A �) A
f IF _
ATTEST::
City Clerk =
Dated: /o
14
gAagreemen\equipro l .doc
Project Name: 800 MHz
Project Location: City of Huntington Beach
Civic Center
Project Number: GA1239-54
1 RECOMMENDED FOR APPROVAL:
2
3 O.C.S.D./COMMUNICATIONS
4
5 By: M
6
7
8 O.C.S.D./REAL ESTATE
9
10 By: t...�
11 Real #ibperty Agent
12
13 SIGNED AND CERTIFIED THAT
14 A COPY OF THIS DOCUMENT HAS
15 BEEN DELIVERED TO THE CHAIRMAN
16 OFT BOARD OF SUP VISORS
17
18
19 Ddrfene J. Bloom
20 Clerk of the Board of Supervisors of
21 Orange County, California <flq)v
22
23 DATED: ISYV 11998
15
gAagreemen\equipro l .doc
COUNTY OF ORANGE
_-.w.� A-
Chairman, Board of Supervisors
"LESSEE"
DATED: SEP 1199E
LEASE DESCRIPTION (11.1 S)
PROJECT NO: GA 1239-54
PROJECT: CCCS 800 MHz System
DATE: July 28, 1998
WRITTEN BY: RGW
All the premises shown crosshatched on a plot plan marked Exhibit B, attached hereto
and made a part hereof, being a portion of that certain two (2) story building located at
2000 Main Street, also described as Administration building, in the City of Huntington
Beach, County of Orange, State of California, located in Blocks 1903, 2001, and 2002
of Tract 12, as shown on a map recorded in Book 9, Page 13 of Miscellaneous Maps in
the office of the County Recorder of the County of Orange.
NOT TO BE RECORDED
EXHIBIT A
/ NOR
H
H �
N
r�
a
w
O
.a
O
v YORK WN A
/ Site Plan
HUNTINGTON BEACH REMOTE SITE
2000 MAIN STREET
HUNTINGTON BEACH. CALIFORNIA 92648
�I
ACnnlr�IrRf,71CiJ E•J1lGr.1',—� ROOF
SOUTH
Plot Plan
si,rEIPLOT PLAN
Huntington Beach City Hall West, 800 MHz Facility Itcpwe IUr w«ms
2000 Main Street, Huntington Beach ��cd
COUNTY OF ORANGE
File No.: GA 1239-54 - O.C.S.D./COMMUNICATIONS
O.C.S.D.ICOMMUNICATIONS EXHIBIT 8 0.� sra�t948
'0.
_0
CITY OF Ht, NTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
February'), 1997
Jim Murray, 800 Nlhz Project Manager
OC Sly/Communications
840 North Lckhoff Street, Suite 104
Oransze, California 92868-1021
Dear Mr. Murray=
The City Council of the City of Huntington Beach at the meeting held
December 16, 1996, approved the Memorandum of Understanding between the
City and 'The County of Orange for the Civic Center 800 Mhz 800 Antenna Site
Project
Enclosed are two duly executed originals of the Memorandums of Understanding,
we have kept one of the executed memorandums for our records Please note that
the Sheriffs copy has not been signed by the Clerk of the Board of Supervisors
Sincerelv,
Connie Brockway
City Clerk
CB jc
Enclosure Agreement
G follox%iip cashcon/agrnnlr800\thz
(Telephone 714 536-5227)
CcunciVAgency Meeting Held: �y40 ~0�0
Deferred/Continued to.
4pproved ❑ Conditionally Approved ❑ Denied
Meeting Date- DECEMBER 15, 1996
r
City Clerk's Signature
Department ID Number: 96-023
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS /
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: RONALD E LOWENBERG, Chief of Police
SUBJECT: CIVIC CENTER 800 MHz ANTENNA SITE
Statement of Issue, Funding Source, Recorranended Action, Alternative Action(s), Analysis, Environmental
Statement of Issue: Approve Memorandum of Understanding with the County and City of
Huntington Beach for payment of the design and construction of the Civic Center 800 MHz
an:enna site ($225,000). The County Board of Supervisors approved the Memorandum of
Understanding on November 19, 1996
Funding Source: Orange County 800 MHz project fund.
Recommended Action: Approve Memorandum of Understanding between the C i iy
and —the -County of Orange for the Civic Center 800 MHz antenna site
project and approve and authorize execution by the Mayor and City Clerk.
Xlternate Action: None
E--Iq
-
�y
i
R�QUEST FOR COUNCIL ACTS
MEETING DATE: DECEMBER 15, 1996 DEPARTMENT ID NUMBER: 96-023
Anail. : The 800 MHz Communication Project requires a number of selected antenna
sitE-s throughout the county_ It is advantageous to have the communication site located at
Huntington Beach City Hall for better access during disasters such as earthquakes and
floods The County 800 MHz Project fund will pay for the total design and construction of
the site at an approximate cost of $225,000. The County shall transfer the appropriate funds
necessary to pay for the project according to contract milestones as payments are due and
as verified by the County in writing. The City will solicit bids for the project and all bids will
include design and construction.
Environmental Status: None
Attachment(s): Memorandum of Understanding
age �City Clerk's
-
BOi)MHZ.DOC -2- 12103196 SA4 PM
0 0
•,, CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Michael T. Uberuaga, City Administrator
From: Robert J. Franz, Deputy City Administrator
Subject: FIS 97-09 Civic Center 800 MHZ Antenna Site
Date: December 4, 1996
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared for for $225,000 for the Civic Center 800 MHZ Site.
If the City Council approves this request, the estimated, fund balance
of the General Fu d at September 30, 1997 will remain unchanged
because the Coin of Orange has agreed to fund the project 100%.
i
Rdb6pf J. FtrAnz, l
Deputy City Adm `ni!
FISCAL IMPACT STATEMENT QUESTIONNAIRE
1. Title of RCA: Civic Center 800 MHz Antenna Site
2. Why is this budget amendment needed:
not applicable
A. Why was it not anticipated?
not applicable
B. Why can't anticipated current year budget savings be used to fund this item?
not applicable
C. Why can't the Department re -prioritize current year expenses so that this item
can be funded instead of approved budget items?
not applicable
3. What will be the cost?
in
A.- Direct Cost:
Current Fiscal Year: $0
Future Years: 0
B. Indirect Cost: Unknown
4. Funding Source:
A. Fund: Orange County 800 MHz Project Fund
B. Specific Revenue Source: n/a
C. Alternative Funding Sources: n/a
5. History:
800FIS.DOC 12/03/96 5:21 PM
Memorandum of Understanding
City of Huntington Beach
800 MHz Project
The County of Orange (the County), as part of the 800 MHz system, is proposing to
build a tower structure on the roof of the Huntington Beach Civic Center to house the
antennas and microwave structures for the 800 MHz system and to make modifications
to the existing radio room (air conditioning, electrical, paint). Orange County Sheriff -
Coroner Department (OCSD) Communications has determined at this location, it would
be more cost-effective and less burdonsome to all parties to transfer the development
of this site to the City of Huntington Beach (the City), who concurs. The terms and
conditions of the MOU are as follows:
Section 1.0 Specifications. The County has developed specifications, Exhibit
A, for the tower structure and modifications required for the existing radio room to be
used for this 800 MHz.
Section 2.0 Permits. The City shall obtain the various permitting approvals
required, including but not limited to planning, FAA and CEQA documentation and
provide to the County prior to construction.
Section 3.0 Vendor Bids. The City shall solicit vendor bids for the project,
including the tower and radio room, according to their Purchasing D:,parirnent policies.
The bids should include both design and construction.
Section 4.0 Vendor Selection. The City and the County sh-s il. review and
evaluate the bids and agree to a selected vendor and price, with County agreement
provided in writing before the bid contract is awarded.
Section 5.0 Costs. Should the cost of the site (tower and building
modifications) exceed $225,000 as specified by the County, the County shall be
responsible for the costs. However, the City will not proceed with the project without
County authority in writing, until additional funding is obtained. The City may elect to
make the radio room modifications themselves or use contractors to make modifications
to the existing radio structure including air, electrical or painting. Cost estimates must
be submitted to the County for its approval in writing. prior to work being performed.
The County will be responsible for these costs, but the City will not proceed without
written approval of the County.
Section 6.0 Changes to Specifications. Any additional changes made to the
facility above and beyond the County specifications, for the City to accommodate other
City needs, shall be made at the expense of the City and with County approval in
writing.
Section 7.0 Payment. The County shall transfer the appropriate funds
necessary to pay for the project according to contract milestones as payments are due
and as verified by the County in writing.
961800MHz 121 JM skb 10129/96
Section 8.0 Project Oversight. The City shall oversee project construction
with assistance and review by OCSD/Communications and County Architecture and
Engineering. Final approval of the site completion shall be provided to the . City in
writing.
Section '9.0 Site Lease. The City and County shall enter a lease for this site.
The primary purpose of the site is to provide radio coverage for Huntington Beach
public safety agencies and multi -agency Countywide mutual aid. The terms and
conditions of the lease will include:
• A 20-year lease with an option for an additional 10 years.
• Rent shall be free.
• The tower structure will be as shown in the attached specifications. The radio
room will consist of the radio room as it exists today with modifications as
necessary to electrical and air conditioning.
Section 10.0 Term of Memorandum. This MOU shall be for one year from the
date the MOU is executed by the City of Huntington Beach. Both the County and the
City may extend this MOU for one additional year if approved by the governing bodies
of the County and the City.
Section 11.0 City's Indemnification of County. The City shall indemnify,
defend, and hold the County harmless from any and all claims, losses, demands,
expenses, costs and liabilities, including costs of defense of any lawsuit or proceeding
(collectively, the "Claims") arising from or related to the City's acceptance of the Offer or
the construction and implementation of this Project, except any such losses caused by
County's negligent or willful acts.
11.1 County's Indemnification of City. The County shall indemnify,
defend, and hold the City harmless from any and all claims, losses, demands,
expenses, costs and liabilities, including costs of defense of any lawsuit or proceeding
(collectively, the "Claims") caused by County's negligent or willful acts arising from or
related to the City's acceptance of the Offer or the construction and implementation of
this Project.
Section 12.0 Arbitration.
12.1 Commencement of Arbitration. Disputed issues arising between
the parties under this Memorandum shall be resolved by arbitration .pursuant to this
Section 12. Notwithstanding any other provision of this Memorandum to the contrary, if
the parties are involved in a dispute and arbitration procedures are commenced and
diligently prosecuted pursuant to this Section 12, a party who in good faith maintains
such dispute shall not be deemed to be in default under this Memorandum until the final
arbitration decision . is rendered, as provided in this Section 12. A party desiring to
initiate a permitted arbitration under this Memorandum shall give notice to the other
party specifying the matter to be arbitrated.. Parties shall meet and endeavor to agree
upon an arbitrator.
96/800MHz.121 JM:skb 10/29/96 -2-
•
12.2 Selection of Arbitrator. If the County and the City are unable to
agree upon the arbitrator within 30 days of the initial arbitration notice, either party by
giving prior notice to the other party, shall have 30 days to request the Presiding Judge
of the Superior Court for the County of Orange, State of California, to appoint as the
arbitrator an impartial person qualified to act as arbitrator in accordance with the
provisions of Section 12.3 below, and the other party shall not raise any question as to
the judge's full power and jurisdiction to entertain the application and make the
appointment. The arbitrator shall decide the dispute (if it has not previously been
resolved) by following the procedure set forth in this Section 12.
12.3 Qualifications of Arbitrator. The arbitrator shall be chosen from a
class of disinterested persons qualified by training and experience to resolve the
particular issue in dispute in an informed and efficient manner.
12.4 Binding Decision of Arbitrator. In the event of the failure, refusal,
or inability of any arbitrator to act, he shall appoint his successor; provided, however,
that any successor to the arbitrator shall be appointed in the same manner as the
arbitrator is to be appointed. The arbitrator shall, if possible, render a written decision
within 45 days after his or her appointment. A decision shall in all cases be binding and
conclusive upon the parties. Each party involved shall share the fees and expenses of
the arbitrator, if any. Each party shall pay the fees and expenses of its attorneys and
any witness it may call.
12.5 Expert Testimony. The arbitrator shall have the right to consult
experts and competent authorities skilled in the matters under arbitration, but any such
consultation shall be made in the presence of both parties with full right to cross-
examine. The arbitrator shall give a counterpart copy of their written decision to each
party_ The arbitrator shall have no power to modify the provisions of this Memorandum
(although the arbitrator shall not be prohibited from considering written agreements and
other evidence of the intent and purposes of this Memorandum), and the jurisdiction of
the arbitrator is limited accordingly.
12.6 Enforcement of the Arbitration Decision. The judgment or the
award rendered in any arbitration initiated and conducted in accordance with this
Section 12 may be entered as a judgment in any court of competent jurisdiction and
shall be final and binding upon the parties. The arbitration shall be conducted and
determined at any location in Orange County, upon which the parties agree, in
accordance with the then prevailing commercial arbitration rules of the American
Arbitration Association or its successor, except to the extent such rules are modified as
set forth in this Section 12.
Section 13.0 Invalidity. If any portion of this Memorandum is held to be invalid
or unenforceable, the validity and enforceability of the remaining provisions or portions
thereof shall not be affected thereby.
Section 14.0 Amendment. This Memorandum may be amended only in a
writing executed by both parties.
96/80oMHz 121 JM skb 10/291% -3-
0 •
Section 15.0 Entire Understanding: Integration. This Memorandum constitutes
the entire understanding of each of the parties and is intended to integrate and
supersede any prior understandings, written or oral, on the subject matter of this
Memorandum.
Section 16.0 Applicable Law. The laws of the State of California shall govern
the interpretation and enforcement of this Memorandum.
Section 17.0 Default. If either party believes a default has occurred,
notification of that belief shall be sent to the defaulting party. The defaulting party shall
immediately commence to cure such defaults. Failure to cure a default within 30 days
of such notice shall trigger the arbitration provisions of Section 12 to ascertain damages
owed and/or compel specific performance on the part of the defaulting party.
Section 18.0 Inaction Not a Waiver of Default. Any failures or delays by either
party in asserting any of its rights and remedies as to any default shall not operate as a
waiver of any default or of any such rights or remedies, or deprive either party of its
right to request an arbitration decision concerning any claim of default under any of the
terms of this Memorandum.
Section 19.0 Successors in Interest. The terms, covenants, conditions and
restrictions of this Memorandum shall extend to and shall be binding upon and inure to
the benefit of the heirs, executors, administrators, successors and assigns- of each of
the parties.
Section 20.0 Effectiveness of this Memorandum. This Memorandum shall
have no force or effect until it is (a) executed by each of the parties and (b) approved by
the governing boards or bodies of each of such parties.
Section 21.0 Notices. Any notices given under this Memorandum shall be in
writing and addressed to the parties as follows:
If to the County: Joseph W. Robben, Manager
OCSD/Communications
840 North Eckhoff Street, Suite 104
Orange, CA 92868-1021
Jim Murray, 800 MHz Project Manager
OCSD/Communications
840 North Eckhoff Street, Suite 104
Orange, CA 92868-1021
If to the City Roger W. Ham, Communications Administrator &
Information Systems Manager
Huntington Beach Police Department
2000 Main Street, P. O. Box 70
Huntington Beach, CA 92648
96/600MHz 121 JM skb iW29/96 4-
At any time, any party may change the person designated to receive notices under this
Memorandum by giving written notice of such change to the other party.
Section 22.0 No Third Parties Benefited. This Memorandum is not intended to,
and shall not, create any rights in favor of or against any persons or entities other than
the parties hereto. Should any third party challenge, or commence an action regarding
this. Memorandum, the parties agree to affirm the validity of, and defend, this
Memorandum.
. Section 23.0 Attorneys' Fees. Each party shall bear its own costs and
attomeys' fees in connection with this Memorandum.
Section 24.0 Exhibits. Any and all exhibits hereto are incorporated as though
fully set forth herein.
Section 25.0 Cooperation in Draftincl. Each of the parties has cooperated in
the drafting and preparation of this Memorandum. Hence, in any construction to be
made of this Memorandum, the same shall not be construed against either party.
Section 26.0 Counterparts. This Memorandum may be executed in
counterparts, and when each party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together
with other signed counterparts, shall constitute one agreement, which shall be binding
upon and effective as to all the parties, subject to the terms of Section 20 above.
96/BOOMHZ 121 JM Skb 10129196 -5-
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their respective officers, duly authorized, upon the dates set forth opposite
their respective signatures.
COU
subQ
M
(OF ORANGE, a political
on of the State of California
of its Board of Supervisors
Nov 19 1996
Date:
SIGNED AND.CEATIFIED THAT A COPY
OF THIS GULUMENT-flAS BEEN
DELIVERED TO THE E CHAIRMAN OF
THE BOARD '
ATTES
Dar le ieBloom
Clerk of the Board of Supervisors
of County of Orange, California
APPROVED AS TO FORM:
COUNTY COUNSEL
By:
Date:
CITY OF HUNTINGTON BEACH
Date:
:ATTEST:
MY =- �wMa
,/ M,
Affkw-
Date:
APPROVED AS TO FORM:
CITY ATTORNEY
By:�
Date:
96/800MHz.121 JM:skb 10/29/96
0
•
0 EXHIBIT A
COMMUNICATIONS ROOF -MOUNTED FRAME PERFORMANCE
SPECIFICATIONS
SECTION 13100
PART 1.00 GENERAL
1.01 DESCRIPTION
A This project is to design, fabricate, and erect a 16-foot high, four -leg, roof -mounted frame for
communications antenna system with special communications antenna and microwave dish mounting
structures, modifications to the rooftop to support the antenna support system on an existing
building in a zone 4 seismic area located at the Huntington Beach Civic Center. at 2000 Main Street
in the City of Huntington Beach.
1.02 SCOPE
A_ Scope: Labor, material, transportation, equipment and engineering to completely design,
fabricate and erect a 16-foot high four -leg, roof -mounted frame and its associated support system for
radio communications antennas, including, but not limited to:
Structural desi,Rn and fabrication of roof -mounted frame to specifications
2 Structural design and installation of associated support system for roof -mounted frame
3 Safety platforms on root -mounted frame
4 Antenna supports with special mounting brackets
5. Installation of antenna support system and modifications to roof -top
1.03 Quality Assurance
A Design, fabrication and erection shall be in accordance with the latest edition of the Electronics
Industry Association (E_I.A) Standard RS-222 (except in the area ot'wind loading, tower twist and
sway requirements that as defined in this specification exceed the minimum E.1 A_ Standard), the
American Institute of Steel Construction (AA-S.C.) Specifications and the American Concrete Institute
(A-C I ) Building Code Requirements. Where a conflict may exist between codes, the more stringent
shall prevail
(t)NIMUNICATIONS 1'0WLR 131U0-1
•
B. Design, fabrication and installation of the roof -mounted antenna support frame and its
associated support system shall be by a single source manufacturer with significant experience who has
been regularly engaged in the design, fabrication and installation of communications and/or microwave
antenna support systems for a minimum of ten years.
C. Installation of roof -mourned antenna support f wne and its support system shall be the sole
responsibility of the manufacturer and shall be executed by and under the direction of the manufacturer.
The marnu&cturer may engage an experienced erector who shall pertorm these tasks for and under the
guidance of the mzmufi ft= but who shad have a minimum of five years experience and be regularly
engaged in the installation of conumneations and/or microwave antenna support systems equal to the
scope of work required in this specification_ If an erector is retained by the manuthaure, contractor
shall submit the erector's qualifications to the County and OCSD/Communications Division for its
approval prior to commence of work Installation of root -mounted frame and its support system shall
meet all inspections or testing as required by the County of Orange or other building codes that direct
the installation of structural support systems-
1.04 Submittal
A. A complete set of plans and engineering calculations for roof -mounted frame and its support
system shall be submitted to OCSD/Communications Division for conceptual review prior to
fabrication or submittal to the County of Orange Environmental Management Agency/Development
Services Division_ The plans shall show placement of of antenna mounts, safety plattorms and
methods of attachment of each- Allow one week for review and any necessary reviews follow= it'
corrections are required.
1.05 Product Storage
A. All parts shall be stored only in an approved location.
PART 2.00 PRODUCT
2.01 COMMUNICATIONS ROOF -MOUNTED FRAME TOWER
A Except as otherwise specified, provide and mstall root -mounted frame and its support system
as manufactured by'
MICROFLECT, 3575 25th Street S E talon. Oregon 97309-0985, (503) 363-9267
2_ TOWER STRUCTURES, 1869 Nutiva Avenue. Chula Vista, California
92011, (619) 421-1181
C(AIMUNICATIONS COWER 13100
0
FWT Inc 1901 East Loop 820 South, Fort Worth, Texas 76112-7899
1-800-433-1816 Fax (817) 429-6010
or considered equal that shall require prior approval by the OCSD/Communications Division_
2.02 Engineering
A. Plans and structural calculations certified by the Professional Structural Engineer of record
registered in the State of California, shall be provided and shall be included in the cost of the project_
The roof -mounted frame and its support system design criteria shall conform to the 1994 Uniform
Building Code and meet the herein Tower Requirements (2.03), whichever is greater for each design
issue.
B. ' Plans and structural calculations shall be submitted to the County of Orange Environmental
Managemem Agency/Development Services Division for approval and a permit obtained prior to
fabrication.
2.03 Roof -Mounted Frame Requirements
A Roof -mounted frame and its support system shall be HOT -DIP GALVANIZED per ASTM
A 123 after fabrication and all hardware per ASTM A153. Galvalloy all connections of the support
system after installation. All steel and hardware used in the construction of the roof -mounted frame
and its support system shall be American made_ Manufacturer and supplier shall provide certification
Root -mounted frame, its support system and all antenna mounting brackets shall be unpainted Twist
and sway shall not exceed 0 40 degrees at microwave dish antenna mounting points Al]
communications antenna mounting structures shall provide for antennas to be mounted in a plumb
position
B The root -mounted frame shall be 16-feet in height and shall be of four -leg, construction The
exposure "C" design criteria for the roof -mounted frame and its support structure shall be for a basic
wind speed of 100 mile per hour with ice loading of none and shall be for zone 4 seismic area in
accordance with the 1994 Uniform Building Code. The roof -mounted frame shall be of vertical
construction for the entire 16-feet The 16-foot vertical construction shall be 120 inches between lea
centers on the long side and 84 inches on the short side Each leg, just above the mounting flange, shall
have a 1/2-inch hole for attachment of the grounding system
C The root -mounted frame shall be constructed with arigle and shall have three bays. Frame shall
have bracing at the 8-foot height and the mounting, bav shall be from the 12-foot level to the 16-fool
level The design shall foilow that of the 3 frame as produced by Mic roflect Tower Company of Salem.
Oregon.
(:OMMUNICA,rIONS "COWER 131ou-
0 0
D Work platforms shall be installed inside the root -mounted frame at the 12-foot level running
from the 10-foot side of the roof -mounted frame to the 7-foot side at legs # 1 and #3. Frame shall have
step -bolts for climbing installed on lest #4.
E_ The antenna roof -mounted fame and its associated support system shall be installed as
depicted in drawing included with this specification. The northwest corner of the frame shall be
considered leg # 1. Numbering shall continue in a clockwise manner with leg # 4 being the most
southwesterly leg-
F. Mounting suuctures for attachment of microwave dish antennas shall be provided and shall be
installed on the dame at the time of installation. Microwave dish mounts shall be installed on legs one
and three and shall consist of 4 1/2" pipe 100 inches in length Pipe shall extend above frame 48 inches
and shall be attached to the frame at the top level and at the 12-toot level.
G " Communications antenna mourn for the transmit shall be 2 3/8" pipe side -mounted on the
frame and shall extend twenty-four inches above the frame height. Communications antenna mount for
the receiver shall be specially constructed of pipe descending in size so as to provide structural support
for the antenna and service personnel climbing and shall be attached to the roof -mounted frame for
support and lateral -thrust stability. This mourn shall extend above the flame structure 22-feet and step -
bolts for climbing shall be installed. The top 30-inches shall be 2 3/8" inch pipe_
H Use of Andrew LDF5-50A coaxial cable shall be considered as specified for standard
communications antenna installations and Andrew EW63 Elliptical waveguide considered as specified
for microwave dish installations.
2,04 Design Loading
A Loading at the 16-foot level shall be- one each eight -foot, high-performance microwave dish
antenna on leg # 1 with an azimuth of 315.551, one each. eight -foot, high-pertormance microwave dish
antenna on leg #3 with an azimuth of 150.15°, one each. Celwave PD 10164 antenna for the transmit
mounted at 24" above frame level between legs #2 and #3. The mounting of the receive antenna shall
be on the specially constructed mount and shall be mounted 22-foot above the 16-foot frame level.
PART 3.00 EXECUMN
3.01 Inspection
A. The erector shall inspect the site to ver* the ability to erect the roof -mounted frame and its
associated support system in the designated location Care shall be taken to erect the tower in such a
ntaruter that should material or equipment fall, it will not come in contact with arty existing buildin¢ or
structure
COMMUNICATIONS TOWER 13100-4
a
3.02 Erection <
A. Roof -mounted frame and its associated support system erection shall be in strict accordance
with manufacturer's recommendations. Erector shall be responsiblefor design and erection of
temporary bracing and shoring as may be required until all members are'in place and secured to form a
self-supporting unit.
3.03 Clean up
A Frame erector shall remove all debris and equipment from the installation site upon completion
of installation.
COMMUNICATIONS TOWER 13100-5
Poi nl?Ct .fntt Mf
y 3 -01
:40T TO SCALE
NOTES•
i
I �r� Shptt S-20 of Struct—'v DrQ."s
HUNTINGT❑N BEACH CIVIC CENTER
05/13/96
RADIO/FACILITY/REMOTES/ HUNTING/ HUNT ONO8 DWI
8'-0'
NOT TO SCAL E
(Typical 2 Rcs)
a V2 ' O.D. Pipe
ROOF LEVEL
Leg 101
10' - 0'
NORTH SIDE VIEW
Leg 113 Leg 112
7'-0'
EAST END VIEW
HUNTINGTON BEACH CIVIC CENTER
R(MF LEVEL
1
22'-0'
16,-0'
05/15/96
ILI ITY/REMOTES/HUNT ING/HUNTON09.DuG
1•
R❑❑F MOUNTED FRAME
FOR
HUNTINGTON BEACH CIVIC CENTER
05/13/96
PADIO/PAC ILITY/REMOTE S/HUNTING/HUNTONO 71VIG
w
•
0.
slielo-«w
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
`.74e jd4v eagr cd action talwa 4 tke wand 4 SuAa a arc Awwtd % 19, 1996.
APPROVED AS RECOMMENDED E OTHER J
[Jnaoimous ■ (1) Stanton (2) Silva (3) Saltarelli (A) Steiner (5) Vacant
Kote Key: Y=Yes, N=.No; A=Abstain; X=Excused; B.O. =Board Order
Documents accompanying this matter:
[I Resolution(s)
_= Ordinances(s)
Contract(s)
,iubmjaing A=C.W gparrmenr_ Sheriff -Coroner
To"- Approve Memorandum of Understanding with the City of Huntington Beach and
approve payment for design and construction of the Civic Center 800 MHz site ($225,000)
- All Districts
File No. 15841
Item No. 42
Special Notes:
Copies sent to:
S( E2� fit= wleop j AGR6-6
I certify that the foregoing is a true and correct copy of the
Minute Order adopted by the Board of Supervisors, Orange
Countv. Statc of California
DARLENE J- BLOOM, Clerk of the Board
Deputy
causerUninordnrd-doc