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Home My WebLink AboutCOUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM (800 MHZ CCCS) - 2005-03-21Dept. I DAD 15-007 Page 1 of 2 Meeting Date: 3/2/2015 CITY OF HUNTINGTON REACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 3/2/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Teri Baker, Assistant to the City Manager SUBJECT: Approve and authorize execution of an Amendment to Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System Statement of Issue: In March of 2005, the City Council approved a Joint Agreement for the operation, maintenance, and financial management of the 800 Megahertz Countywide Coordinated Communications System (800MHz CCCS). Since that time, the Governance Committee and the County have developed a long-range implementation plan, scope of work, and an estimated funding obligation (cost share) of each entity to extend the CCCS. It is requested that the City Council approve an amendment to the agreement to confirm the City of Huntington Beach's commitment to the system extension project in fiscal years 2014 - 2019. Financial Impact: Total estimated system extension costs for Huntington Beach are outlined in Exhibit C of the Joint Amendment. The total project costs for Huntington Beach from FY 2014/15 to FY 2017/19 to extend the 800 MHz CCCS are estimated to be $9,302,436. This includes replacement costs for console equipment, radio equipment, and the backbone. Costs are broken down by fiscal year. The 2014/15 budget includes $1 M in funding for the project. Future year costs will be budgeted in the out years, which may include various financing options. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Amendment to Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System." Alternative Action(s): The 800 MHz CCCS radio system provides radio communications services and interoperability to city and County law enforcement, fire services, public works and lifeguard/marine safety departments of agencies in Orange County. This system is managed by the County, and the City of Huntington Beach is reliant on the County of Orange to be the lead agency on the 800 MHz CCCS. Although the cost effectiveness would have to be studied, the City could operate its own system, but such a system will not allow for interoperability with other agencies in the County and communication, and therefore public safety, would be greatly impacted. Analysis: Prior to implementation of the 800 Megahertz Countywide Coordinated Communications System (800MHz CCCS), various agencies in the County communicated on UHF radio frequencies. HB -117- Item 9. - I Dept. ID AD 15-007 Page 2 of 2 Meeting Date: 3/2/2015 Agencies could not communicate with other users outside their agency and users on special assignments that took them outside their jurisdictions could not communicate back to their agencies. To address these problems, with the County as the lead agency, all Orange County agencies participated in a county -wide project to upgrade and replace the communication system. In 1996, the original Joint Agreement for the implementation and operation of the 800MHz CCCS was approved by the Orange County Board of Supervisors, thirty-four (34) cities (including Huntington Beach), and the Orange County Fire Authority. This agreement addressed City/County partnership responsibilities and financial obligations for the implementation of the 800MHz CCCS in Orange County. A Governance Committee comprised of key stakeholders was formed to plan the project. In March of 2005, the City Council approved a new Joint Agreement which addressed post - implementation issues regarding the operation, maintenance, and financial management of the 800MHz CCCS. The program is now in its eighteenth year and the system requires significant enhancements in order to extend the life of the system. The Governance Committee and the County have developed a long-range implementation plan; scope of work, which includes activities, infrastructure and project schedule information for fiscal years 2014-19; and an estimated funding obligation (cost share) of each entity to extend the 800MHz CCCS. It is requested that the City Council approve an amendment to the agreement to confirm the City of Huntington Beach's commitment to the system extension project in fiscal years 2014 - 2019. Environmental Status: The County shall be the lead agency for purposes of CEQA and shall obtain all necessary approvals for the System Extension. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Amendment to Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System 2. 2004 Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System Item 9. - 2 HB -118- T . A CHMENT #1 A AMENDMENT TO JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM THIS AMENDMENT ("Amendment") is entered into on OZ , 2015 by and between the Parties listed on Exhibit A, attached hereto, which are sometimes individually referred to as "Party" or collectively referred to as the "Parties." RECITALS A On November 23, 2004, the Parties executed that certain document entitled Joint Agreement for the Operation, Maintenance and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System ("Agreement"), which provides for the management and governance of the 800 MHz Countywide Coordinated Communications System ("800 MHz CCCS"). B. The 800 MHz CCCS requires significant enhancement in order to extend the life of the system C Pursuant to Section 15 10 of the Agreement, the Governance Committee and the County have developed a long-range implementation plan to extend the CCCS, and have developed a scope of work, which includes all the activities, infrastructure and project schedule information for fiscal years 2014-19 described on Exhibit B, attached hereto ("System Extension") D. The Governance Committee and County have also developed the overall estimated cost of the System Extension, including each Party's estimated funding share by fiscal year described on Exhibit C, attached hereto. E A Parry's funding plan for the System Extension may consist of one or more of the following: 1) a Party's cash contribution, 2) a Party or a group of Parties financing all or a portion of the System Extension through the issuance of tax exempt bonds or other public financing mechanisms, and/or 3) a Party or group of Parties financing all or a portion of the System Extension through the County approved System Extension vendor F. The Parties desire to amend the Agreement to provide their commitment to the System Extension and describe their implementation and funding obligations. G This Amendment has been approved by the Governance Committee AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows Page 1 of 12 15-4581/117349 1. Implementation Obligations. The Parties hereby commit to fund and implement the System Extension as described on Exhibit B and Exhibit C a California Environmental Quality Act ("CEQAD The County shall be the lead agency for purposes of CEQA and shall obtain all necessary approvals for the System Extension. b Party Cost Share. The Parties intend to implement and fund the System Extension over several years beginning in fiscal year 2014-15 through fiscal year 2018-19. Each Party is responsible for its fair share contribution to the System Extension The total estimated budget for the System Extension and each Party's fair share contribution is depicted on Exhibit C ("Cost Share"). A Party's Cost Share is determined by the number of subscriber radios used by the Party on the CCCS, as well as the Party's proportionate share of the System Extension dedicated to System Backbone. Each Party shall pay its total Cost Share in five fiscal year payments beginning in fiscal year 2014-15 through fiscal year 2018-19 in accordance with the procedures in Subsection (c) below Each Party acknowledges that its Cost Share for the System Extension is an estimate and is expressed as a not to exceed amount. Each Parry's Cost Share will be based on an actual quote by a third party vendor who will perform the System Extension under a contract or series of contracts approved and managed by the County ("Contractor"). A Party's actual Cost Share amount will be determined prior to the beginning of each fiscal year in which it is due and will be based on the Contractor's scope of work for the respective fiscal year Therefore, the Cost Share depicted on Exhibit C may change, and may be periodically updated by the Parties to reflect any changed equipment or authorized System Extension modification expenses. c Invoicing & Payment. The County will calculate the actual Cost Share amount due the following fiscal year, and will invoice each Party by July 1 Each Party shall pay its respective Cost Share to the County within thirty (30) days of the start of the fiscal year. A Party is exempt from the payment procedures of this Subsection Lc for the relevant fiscal year if it has: i. Executed a binding agreement with the County approved Contractor, agreeing to pay or finance its Cost Share through the Contractor directly, or ii. Executed a binding agreement with the County agreeing to jointly finance its Cost Share. d Cost Share Responsibility Upon execution of this Amendment, each Party is responsible for its actual Cost Share regardless of the form and manner of payment described herein, such that the Party cannot terminate its Cost Share obligation for any reason. In the event of a withdrawal from the system in accordance with Section 20 of the Agreement or in the case of a default for failure to pay its Cost Share in accordance with this Amendment, each Party remains obligated to pay to County the Party's outstanding Cost Share as that obligation becomes due Should any Party fail to pay its respective Cost Share when due, the County shall take action as is appropriate to obtain such payment Nothing herein shall be construed as the County's exclusive remedy for the remediation of defaults by a Party or Parties, and the County reserves the right to pursue any and all available rights and remedies at law or in equity. Page 2 of 12 15-4581/117349 and the County reserves the right to pursue any and all available rights and remedies at law or in equity e County Trust Account The County shall deposit all Cost Share contributions into a trust account that is managed solely for the purpose of the System Extension 2 System Extension Administration The Orange County Sheriff -Coroner Department/Communications & Technology Division shall administer all agreements for the System Extension, and regularly report such progress to the Governance Committee 3 Participating Agencies The Parties hereby update the list of Participating Agencies described on Exhibit D, attached hereto, which shall replace in its entirety Exhibit D of the Agreement Participating Agencies will continue to contribute to overall backbone costs through the payment of a separate and established entry fee for every radio added to the system. 4 Capitalized Terms Any capitalized terms not defined herein shall have the meanings set forth in the Agreement 5 Counterparts This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument 6 Full Force Except as expressly set forth herein, the Agreement shall remain unmodified and in full force and effect Page 3 of 11 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above THE COUNTY 07 O,RA�E, a political subdr1of e tate of California I:1 of The Bohr(lof Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE C AI AN THE BOARD By Clerk of the Board of Supervisors T` County of Orange, California APPROVED AS TO FORM CO IIn [CITY SIGNATURE BLOCKS TO BE INSERTED] Page 4 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California REVIE WD PROVED: City r APPROVED FO C Attorney r)ILTI zA�2t I - Page 5 of 12 15-4581/117349 FWAI LUIVA11 PARTIES TO THE AMENDMENT 0- ft-4 NSIBLErt.v w -r- >ENTIT ADITITOIZ ; I _ PEON # Ahso Viejo City Manager 12 Journey, Suite 100 949/425-2512 Aliso Viejo, CA 92656-5335 1 200 S Anaheim Blvd. Anaheim City Manager 714/765-5162 Anaheim, CA 92805 City Manager 1 Civic Center Circle 714/990-7770 Brea Brea, CA 92821-5732 6650 Beach Blvd. Buena Park City Manager 714/562-3550 Buena Park, CA 90620 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 33282 Golden Lantern, Suite 203 Dana Point City Manager 949/248-3513 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater Avenue 714/593-4410 Fountain Valley, CA 92708 City Manager 303 W Commonwealth Ave 714/738-6310 Fullerton Fullerton, CA 92832 Garden Grove City Manager 11222 Acacia Parkway 714/741-5100 Garden Grove, CA 92840 Huntington Beach City Administrator 2000 Main Street 714/536-5575 Huntington Beach, CA 92648 I 1 Civic Center Plaza City Manager 949/724-6246 Irvine Irvine, CA 92623-9575 201 E La Habra Blvd La Habra City Manager 562/905-9701 La Habra, CA 90633 Page 6 of 12 15-4581/117349 , ENT11T . A,1 INTST'R T,iiR k - ,. � - t 7822 Walker Street La Palma City Manager 714/690-3333 La Palma, CA 90623 Laguna Beach City Manager 505 Forest Avenue 949/497-0704 Laguna Beach, CA 92651 Laguna Hills City Manager 24035 El Toro Road 949/707-2610 Laguna Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 949/362-4300 Laguna Niguel, CA 92677 24264 El Toro Road Laguna Woods City Manager 949/639-0525 Laguna Woods, CA 92653 Lake Forest City Manager 25550 Commercentre Drive 949/461-3410 Lake Forest, CA 92630 3191 Katella Avenue 562/431-3538 Los Alamitos City Manager Los Alamitos, CA 90720 ext 201 Metro Cities Fire Manager 201 S. Anaheim Blvd Suite 302 714/765-4077 Authority Anaheim, CA 92805 Mission Viejo City Manager 200 Civic Center 949/470-3051 Mission Viejo, CA 92691 1 Newport Beach City Manager 100 Civic Center Drive 949/644-3000 Newport Beach, CA 92660 Orange City Manager 300 East Chapman Ave. 714/744-2222 Orange, CA 92866 Orange County Fire Fire Chief I Fire Authority Road 714/573-6010 Authority Irvine, CA 92602 Orange, County of CEO 333 W Santa Ana Blvd. 714/834-6200 Santa Ana, CA 92701 Page 7 of 12 15-4581/117349 w 1E SP€�NSO LE 14 ' t,6{ : 't = ` " #�-- - _ �_ E]tif' �■y■�y�g��T�■ ■y KL1i311111 T®- ADDRESS, a, z^L ,.3_ '4"y"�'� -.`-` -_ v P ONE 401 East Chapman Ave Placentia City Administrator Placentia, CA 92870 714/993-8117 1 Rancho Santa City Manager 22112 El Paseo 949/635-1800 i Margarita Rancho Santa Margarita, CA 92688 ext. 210 100 Avenida Presidio San Clemente City Manager 949/361-8322 San Clemente, CA 92672 San Juan Capistrano City Administrator 32400 Paseo Adelanto 949/443-6317 San Juan Capistrano, CA 92675 20 Civic Center Plaza Santa Ana City Manager 714/647-5200 Santa Ana, CA 92701 211 8th Street 562/431-2527 Seal Beach City Manager Seal Beach, CA 90740 ext. 300 7800 Katella Avenue 714/374-9222 Stanton Ci Mana er g Stanton, CA 90680-3162 ext 240 City Manager 300 Centennial Way 714/573-3010 Tustin Tustin, CA 92780 17855 Santiago Blvd. Villa Park City Manager 714/998-1500 Villa Park, CA 92861 West Cities Police West -Comm 911 Seal Beach Blvd 562/594-7243 Communications Administrator Seal Beach, CA 90740 8200 Westminster Blvd. 714/898-3311 Westminster City Manager Westminster, CA 92683 ext. , 02 Yorba Linda City Manager 4845 Casa Loma Avenue 714/961-7110 Yorba Linda, CA 92886 Page 8 of 12 15-4581/117349 EXHIBIT B GENERAL DESCRIPTION OF SYSTEM EXTENSION AND PROJECT SCHEDULE 10 Overview The System Extension plan will focus on extending the life of the existing CCCS radio system by systematically replacing end -of -life equipment in strategic phases culminating in an upgrade to P25 compliance with the goal of continuing to provide quality radio communications to the I law, fire, lifeguard and public works agencies in Orange County 2.0 Description of System Extension 21 System Backbone — Radio infrastructure equipment that is at or near the end of its expected life will be directly replaced with the current version of the same equipment that will maintain all existing features and functionalrties and is able to work with the existing backhaul network Specifically, this will involve the replacement of 565+ existing Quantar radio base stations and ancillary equipment at 25 radio sites with 800 MHz 3600 baud GTR8000 base stations and ancillary equipment. This will be accomplished in accordance with the following schedule: System Backbone schedule Northwest Cell = 24 Quantars replaced in 2015 Southwest Cell = 40 Quantars replaced in 2015 Laguna Cell = 33 Quantars replaced in 2016 Moorhead IR Site = 8 Quantars replaced in 2016 North Cell = 105 Quantars replaced in 2016 South Cell = 135 Quantars replaced in 2017 Crystal Cove IR Site = 4 Quantars replaced in 2017 Countywide Cell = 210 Quantars replaced in 2017 Carbon Canyon IR Site = 3 Quantars replaced in 2017 Silverado IR Site = 3 Quantars replaced in 2017 22 Law Enforcement Dispatch Consoles — Police Dispatch Gold Elite consoles will be out -of -service by the vendor in 2018 and will need to be replaced prior to 2018 to maintain the existing console priority feature once the system is upgraded to P25 Console priority is a feature unique to law enforcement dispatch and allows dispatch to have the ability to transmit and receive audio simultaneously and is an officer safety necessity. Existing Gold Elite Console equipment will be replaced with its successor console, the MCC7500. Due to the complexity of the replacement at each law dispatch center, only 6 dispatch centers can be upgraded each year A schedule has been developed to address the 20 law dispatch centers on the system, as shown below. Page 9 of 12 15-4581/117349 Console schedule: FY14/15 - Loma Ridge, Irvine, Laguna Beach, Huntington Beach FYI 5/16 - Anaheim, Brea, West Comm, Santa Ana, Tustin FYI 6/17 - Orange, Fullerton, Costa Mesa, Garden Grove, Westminster FYI 7/18 - Placentia, La Palma, Newport Beach, Fountain Valley, Buena Park, La Habra 23 System Field Equipment — When the System Backbone is upgraded to the P25 standard in FY 2018/2019, all subscriber radio equipment will also need to be P25 capable Subscriber radios that are capable of being upgraded will need to receive the software/firmware upgrade prior to the backbone upgrade. Older subscriber radio equipment that is not capable of being upgraded to the P25 standard will need to be replaced prior to the P25 upgrade Each agency will be responsible for the purchase of either replacement radios, or the necessary subscriber upgrade package for upgradable radios 24 P25 Upgrade — When all backbone sites and law dispatch consoles have completed their equipment replacement, the vendor will initiate the necessary equipment and software update to bring the system up to the 7.18 software i platform for P25 compliance This final phase of the System Extension plan is scheduled for FY 2018/2019. Page 10 of 12 15-4581/117349 EXHIBIT C TOTAL ESTIMATED SYSTEM EXTENSION COST & ESTIMATED PARTY COST SHARE BY FISCAL YEAR FY 15-16 Racro Cowft �ST ATEW CO TIM czst - ,111, 0 LVgm& VAISoft a Upgaft Replace P25%X F-sub" TOW '*L-CMs0Q'1-W, p-, 'Raa* -fY is 46 - - -- --------- - wmv I kJS0 IAEJO 11 21 32 $ -E 138653 3 7026 $ 18930 $ 43,599 $ 206--je z VWO- M- 432 1351 1,783 lArn 8% 8 602 WD 391545 1054758 24292-68 14 407241 1 BREA 62 302 364 648137 180 30D 79 M 215-329 495936 3 32254-- 4 jB4O4AFAFJ-- 76 2S8 334 569 804 1,635 40D 713.276 197582 455(162 2,931 12)d - Ca877A LSSA 105 523 M BW 354 3258750 137,966 371 502 L--5 E26 5,304197 f 11VT-----W 24 17j) 194 0 1047 6M 42,604 114763 --1EA 317 1 469-J8-- 7 nAM R)N is 49 64 0 311 25C 14jQ54 37 860 87, 198 450 3K 0 FG-JW AN VAU---Y 45 204 249 443J 1,2T5r50 54702 W299 339,253 2-1(30-�4 G F1rYLEF1-ON 513 638 501417 3 MI 75C 14OL141 377,418 8--_-ao 5 109 9M 10 GARDEN GWYVE 115 475 590 369240 -1982--50 129 608 349 023 &M 852 4 633 SM `I KA71V--1-4 BEA--, 452 sm 1_-72' 1097718 5 439 800 279 M-8 752,469 1,733,051 9 31122 436 12. RME ill 503 614 43Z209 3,145650 134871. 3632201 e36,551 C9' .2 50S -3 ILA -r-,SPA 73 190 263 '573 584 1=950 57 am 155m1 358,327 2.3692K S4 LA F'M-UA 31 51 E2 166 901 341 650 18008 48506 lit 722 686759 -5 LAGUNA B=A--+i 85 247 332 -1�6 652 1579 750 MW3 196399 4EI337 2 62E 021 15 LAGUNA HRI-- 4 41 45 0 250,60Z 9,875 26620 el 311 348407 *7 LA; M.1-43 EL 9 1 55 64 0 340350 14LBI 37 OW 87,198 479 4W- -8 LAGMA WOODS 2 4 9 D 26300 1330 3549 8,175 39354 -9 LAKE FORE-ST 21 67 88 a 426150 12325 52058 119,897 61742 20 LCG ALAMn-OS Is 45 60 0 1 2d7250 13,176 1 35494 81,748 4'76M 21 MEME=r 37 10 47 1966250 102550 10,321 -'7 893 EA C36 2,170 9K MIUSSION WFJG 30 90 120 0 ST4 5DC 26 366 7D 988 163495 SM349 23 t&-VV-09r'e-=ACH 438 401 839 532,934 2 909 7'M 184290 496 322 141- 105 5.266351 24 ORANGE 115 514 629 598 012 3216= 137 W9 372 094 ESE -qw 5 181233 25 RACENM 30 107 137 413099 676 5W 30119 51044 186,657 1367 41C 2B RAMCFC 6V,-5. 7 29 36 a 162 050 7TSD5 49P49 260 3CI -7 SPUN CLEWENTE 12 97 109 0 595 am 23,931 64480 148 SW 832719 28 3AJ% AJAN CARST RAND 6 33 39 0 2Q4 9DO 8,525 M UT* 53 136 289632 ZQ SAK,AANA 219 818 1 C37 591 CM 515985'. 1 =7,713 6134:4 1012-C-72) 8 O05.506 30 1-92AL BEACH 25 97 1 = F 610 750 26844 72171 171 166= 875' 985 31 ISTANTON if) 63 73 0 389 5DD lEQsl 43184 99460 548 19E = WSM 61 243 324 483.2-= 1 551 150 71 12a- 191667 441,4371 2735 64E 33 VL'-A FA%1 0 6 6 D 36 03C lZis 3 -54-Q 8,175 490C 34 W-=-COM 4 13 17 631052 B2 6-- 3,733 to Dsf- 23162 75C. SM 35 WE5T1wF14= 73 274 347 549621 1,727 95r, 76,137 -M27-i 472 774 3,031755 W fOFMALWFA 35 62 1 97 0 412-�D 2IM2 57 3B2 132J59 623092 37 �-=A 950 80 1813 3217 5M 6270500 357,6--1 1 072 505 2470,142 13 4252% 38 OC7-A 70 43 113 0 338500 24 67-5 66,647 153,%S 564 .7- sa 0CL1FEGUk% 7 47 54 438 930 290050 11,865 31944 73,573 646332 40 I-,TIMZVLLY CLLG PD 16 D is 0 is 430 352.7 9465 21799 53 'r- 41 ISAWAANAUNF BE) RD 51 2 53 0 70 650 11639 31353 72-216- 1858 4-2 34IMEBACK CLLG -D 18 a 18 a 20 70C 3953 10646 24 '-M 59 E25 43 CEO 1 2 a 715D 439 1183 17-� 11497 44 CA 0 =5 225 0 1350 ODD 4-4411 133,102 3DB554 I 839 0671 45 WA 184 98 282 0 79.Q-9 E�W 61,8D4 166621 384--14 142 4-� 40 JWA 39 1444 2n 536250 1 8r 137834 ?17453 2,251-563 47 CC ANDAAL CM-rR-JL in 110 12D 3501 671 -9MDD - N�6 26386 70,965 if-' 495 1,M2-359 4-- OC Dk4A a 13 78 WT, 2A-- 7 690 17 T12 106= 49 0CPARKS '31 --13 248 379 0 1638651) W7,:�4 t-2218 M24,20 '516 373 Z462443 10 469 479 0 2 E25 5DD JUI---17U 283359 65ZLis 3866748 5* acw1p 59 3 62 1 0 55 E50 13602 36 6n 84 473 52 FRDBATION 435 12 0 2.__ 8-5 5�0 134 134 69' 362037 833'826 53 SHBIJFF 6S7 119-" 4428 610,8a 1 643 955 3 7862M 54 GSA .9 0 19 0 8 4173 11 -?4rj 25887 TOTAL 1, 4,462AN52 1 72 The costs stumdheram am estimated co= aKpressadasnot toexceedamounissa �_-ro Me final system dest.-P FA-90WIRSUP IDTAL * Itis, remmmended Bud the Paftership co- rdnatL a bulk eqApment purdme m FY 16-17 Page 11 of 12 15-4581/117349 M-PIPF-17M EXHIBIT D PARTICIPATING AGENCIES K AGENCY RESPONSIBLE - ADDRESS% - � R' I3NE ' _ y A NHNSTRATOR _ r _ Irvine Valley College Police Chief 5500 Irvine Center Drive, Irvine CA 949/451-5201 Police Department 92618 Orange County Administrator Transportation 600 S Main Street, Orange CA 92868 714/560-6282 Authority Saddleback College 28000 Marguerite Parkway, Mission police Chief 949/582-4390 Police Department Viejo CA 92692 Santa Ana Unified police Chief 1601 E. Chestnut Avenue, Santa Ana CA 714/558-5536 School District Police 92701 Department US Ocean Safety (OC 34127 Pacific Coast Highway, Dana President 949/276-5050 Lifeguards) point CA 92629 Page 12 of 12 15-4581/117349 a 1 r SHERIFF -+I ORryONER DEPARTMENT i' COUN H OFORANGE CALIFORNIA MICHAEL S. CARONA SHERIFF -CORONER 800 MHz Countywide Coordinated Communications System G GOVERNANCE COMMITTEE CHAIRMAN, Ailan L. Roeder, City Manager, City of Costa Mesa VICE-CHAURMAAI, Michael S. Carona, Sheriff -Coroner Robert C. Dunek, City Manager. City of Lake Forest William A Huston. City Manager, City of Tustin William Mahoney, Deputy CEOtGovernment and Public Services David Ream, City Manager. City of Santa Ana . Bob Wilson, Directortinternal Services Function, Resources and Development Management 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. The agreement has now been approved by each entity. Attached for your records is a copy of the 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 ' HB -131- Item 9. - 15 0 FOR THE OPERATION, MAINTENANCE, AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY a COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM OCTOBER 2004 Item 9. - 16 HB -132- 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...................................................................................6 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............................11 15. SYSTEM MODIFICATIONS AND COST SHARING.....................................................I 1 16. ADDITIONAL PARTICIPATING AGENC[ESAJSERS OR CONSOLIDATION OF PARTICIPATING AGENCIES .................................................................................16 17. LIABILITY.........................................................................................................................18 19. GOVERNANCE COMMITTEE.........................................................................................18 19. AGREEMENT AMENDMENT PROCESS.......................................................................19 20. WITHDRAWAL FROM SYSTEM....................................................................................19 HB -133- Item 9. - 17 JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE AND FINANCIAIL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This Agreement is entered into on , 2004 by and between the Parties listed on Exhibit "A" which is attached hereto and incorporated herein. This Agreement replaces the 1995 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 Sheriff's Association [OCCOPSA], 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 to public entities. RECITALS: 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 and appropriate change orders. The Parties hereby designate Orange County Sheriff -Coroner Department (OCSD)/Communications Division as the "Lead Agency" in maintaining and enhancing the System. Joint AgreementOct2004Final Page 1 Item 9. - 18 HB -134- 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 Sheriff's Department, Orange County City Police Departments, Orange County District Attorney'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 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 AgreementW2004Final Page 2 HB -135- Item 9. - 19 "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 Sheriff's 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. 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM The Orange County Chiefs of Police and Sheriff's 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 responsibility 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 AgreementOct2004Final Page 3 Item 9. - 20 HB -136- 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 Conunittee (OCLQ is an established organization to 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. 6. OPERATIONAL POLICIES — PUBLIC W018)ifS 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 OPE1EtATIONAL POLICY 7.11 Lace 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 AgreemenlOct2004Finat Page 4 HB -13 7- Item 9. - 21 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 Operatiflg 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 OCSD/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 AgreementOct2004Final Page 5 Item 9. - 22 HB -13 g- 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 interoperability 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 MHz 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 Agree men tOct2004Final Page 6 HB -139- Item 9. - 23 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, I989 for the implementation of new systems using the 800 MHz spectrum, require that Partner and Participating Agencies that transfer operation to the new 800 MHz channels must give back licenses on existing system frequencies. These "give - up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. Partner and Participating Agencies entering into this Agreement agree to "give up" channels licensed on existing systems that are replaced by the new Systern. FCC licenses on these "give -up" channels shall be returned to the FCC for cancellation not more than thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when 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. Joint AgreementOct2l]!Winal Page 7 Item 9. - 24, HB -140- 11.0 11.2 11.3 11.4 Any citythat does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use another city's "give -up" 460. MHz GREEN channel in a cellular re -use pattern. SYSTEM TECHNICAL MANAGEMENT Proper operation of a modern, tnin.ked, multi-chasmel communications System requires centralized technical coordination. OCSD/Communications Division has established a 24-hour System Watch at Loma Ridge: to assure seamless operation of this complex system. The infra3tructure for this System is currently housed in 24 separate radio sites, with Loma Ridge serving as the master site. 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. 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. 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 Lost./Stolen/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. Approved Equipment The initial System implementation consisted of equipment supplied by the original system equipment vendor and met the technical requirements of the Joint AgreementOct2004Final Page 8 HB -141- Item 9. - 25 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 AgreementOcQONFinal Page 9 Item 9. - 26 1413 -142- 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 c 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/Communicat ions 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 Governance 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 AgreementOct2004Final Page 10 HB -143- Item 9. - 27 • OCSD/Communications shall obtain the approval of the Governance Committee to determine the appropriate additional terms, conditions, and costs to be included in said separate agreement . ® Any such new Participating Agency(s) hereafter who shall desire to become a party to this Agreement may do so by executing a copy of said separate Agreement and assenting and agreeing to all of the terms, conditions and system entry and operational costs thereof. • 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 y structures, facilities, or dispatch centers as required to support the installation or enhancement of Participating Agency System Field Equipment. 15. SYSTEM MODIFICATIONS AND COST SHARING I5.1 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 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 sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual Partner or Participating Agencies. Joint AgreementOct2OO4 F in at Page I I Item 9. - 28 HB -144- 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 Participating Agencies in a local area or Net shall be shared by those Agencies in a manner agreeable to chose Agencies. 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 represents the respective aggregate obligations for the ongoing maintenance costs of the System Backbone expressed as a percentage of the total cost: I. 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 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. Emergency radios held in a separate pool will not be included in the radio counts for backbone cost-sliaring purposes. Radios, as identified by the Partner or Participating Agency, that are set aside strictly for the purpose of Joint Agreement0ct2004Final Page 12 HB -145- Item 9. - 29 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. 15.5 New Site Development and Infrastructure Fund The County will place the approximately $4.1 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 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. Joini AgreementOct2004Final Page 13 Item 9. - 30 ' HB -146- 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: a Use of grant funds if available. • Use of system entry fees contributed to the system from new Participating Agencies if any join the system. • Use of combined City/County contract reserve fund consistent with percentage contributions made by cities versus County. 0 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. 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 anci 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. Joint AgreementOct2o04Final Page 14 HB -147- Item 9. - 31 B. As soon as practicable following the end of each fiscal year, a final independent audit 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 shall be made known to the Partners 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 - rats share of the shortfall, which shall be paid in the first quarter payment for the next fiscal year following the fiscal year of the shortfall. 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 deten-nined by the Governance Committee. In either case, interest earnings will be allocated to these specific funds. If the Governance Committee determines that these funds will be held in the third -party escrow account, the annual cost and fees for this account will be 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 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, noti- 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 party's contribution for maintenance and repair of the base radio site(s) from Joint AgreementOct2004Final Page 15 Item 9. - 32 HB -148- 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 801) 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 Participat-mg Agencies. The Equipment Replacement Fund will be designed to allow for the tracking of interest by individual contributor. 16. A1DDITIONAL PARTICIPATING AGENCIES OR CONSOLIDATION OF PARTICIPATING AGENCIES Law Enforcement/Public Work sfFire/Lifeguard Agencies may be added to the system with" approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. (Refer to Section 13.1.) The System must adhere to FCC minimum loading standards. In order to meet the minimum loading standards established by the FCC and to ensure cffcient utilization of the System spectrum resource, County will continually monitor the level of use of the System. The County shall be responsible for coordinating access to the System, training new users in operational 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 agre-.ment with County. Joint Agreement0ct2004Final Page 16 HB -149- Item 9. - 33 16.2 Consolidation of Law Enforcement Agencies, Public Works Agencies or Fire Agencies Cities presently contracting for law enforcement, lire or public works services from the Countv or other Partner or Participating Agencies may in the future desire to consolidate with other departments to form regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. 16.3 Adding loon-City/Nou-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 design 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 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 Nan-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/ Nan -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 granted by the bodies described in Sections 3,4,5,6 of this Agreement. ,Joint AgreementOc12004Final Page 17 Item 9. - 34 HB -150- 17. 18. Any Backbone System modification costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Providers and/or the sponsoring 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). L,IIABIL.ITY Each Party listed in Exhibit "A" (the "lndemnitor") shall indemnify, defend, and hold all other parties, and their agents and employees (the "Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement which acts or omissions constitute gross negligence. GOVERNANCE COMMITTEE' The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz 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. The Govemance 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 Orangc, or Designee ® Sheriff -Coroner, or Designee Joint AgreementOct2(Winat Page 18 HB -151- Item 9. - 35 • Resources and Development Management Department Director, or Designee Each must designate and name an alternate as a voting member if member cannot attend. 19. AGREEMENT AMENDMENT PROCESS This Agreement may be amended or modified by consent of all of the Governing Authorities representing the Parties. 20. 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 Participating 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 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 Agreement002004Final Page 19 Item 9. - 36 HB -152- 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 c By Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: ATTEST: By: By: City Clerk Dated: Approved As to Form: City Attorney Joint AgreementOcQOWinal Page 20 HB -153- Item 9. - 37 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 ��-vQ-0y CITY OF: AZiso Viejo ATTEST: IIIIIIIIIIIIIIIIIIIIIillillillillillillilliillillillillillillillI Jill Dated. June 15, 2005 Approved As to Form: Ci� Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY Lin Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: Dated: Authority Counsel 51GNfD ANU CEIR1If 1ED THAT A COPY Of THIS DocUIM HAS SEEN DEUVERED TO THE C• "MAN 0f TH AM ATTEST / DAALEN J.8L' Q�6 GE RVISQIiS COUNTY, M-IFOR 1A ()M Item 9. - 3 8 • HB -154- ;� 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 OPANGE { B' y Board of Supervisors Dated: Approved As to Form: County Counsel T Ir-ra --aL( CITY OF: ANAHEIM ATTEST: By: By: MAYOR City derk Dated:. v7/f .5�p 5 ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: $y Authority Counsel Dated: SIGNED AND CEhTIFIED THAT A COPY OF WIS DOCUM HAS BEEN DELIVERED 0 THE G IRtJAN OF TH � ATTEST DASLENQ�ffJ. st CLERK ANG2 THE BOARD O CAD1 IFORNIA HdISORS Joint Agreement Nov232004 Final HB -155- Item 9. - 39 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 thereoif. COUNTY OF ORANGE t By: �► Board of supervisors Dated: _ � _ // - 0;33 •� �--f Approved As to Form: County Counsel CITY OF: ATTEST: By: -.l Approved As to Form: City Attorney O set their hands counterparts of ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF 7HIS DOGU6A FW11 HAS BEEN DELIVERED To THE C. IRMAN OF TK ARD ATTEST �' DA�tLEN J. BLOOM CLERK Of THE BOARD Of SUPERVISORS OfiANGE COUNTY, C,At IFORNIA Joint Agreement Nov232004 Final Item 9. - 40 HB -156- 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 OWGE c By: Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: BUENA PARK ATTEST: By: L,4!1 �C(-", Donald W. McGay, Mayor By: ��O" City Clerk Dated: March 22, 2005 Approved As to Form: City Attorney ORANGE COUNTY FIRE AUTHORITI' By: airman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Auth city Counsel Dated: r Y o lzk SLATTEST, D AND CEF,TIFIEDTHAT A COPY OF N lA HAS BEEN DEUYEREU 0 iRMAN OF 'Ti ARi3 DARLEN J. BLOOM _ r ORANGE COUNTTY. CA.IFORN��RVISORS Joint Agreement Nov232004 Final xB -1 s7- Item 9. - 41 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 OF A.NGE G r By: _! Board of Supervisors Dated: _ _ Approved As to Form: County Counsel CITY OF: COSTA MESA ATTEST - By: B By: Mayor of Costa Mesa City erlc Dated: Approved As to Fnrm: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY 0 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGHED AND CERTIFIED THAT A CORM OF THIS DOCUM HAS BEEN DELIVERED O THE C IRMAN OF TH RD ATTEST � DARtENQQ J.9lOOM RS III cLERK ORANGEfCOUNTY.CALTHE BOARD ORHuRVISO Item 9. - 42 . H -158- 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 instniment, each which shall for all purposes be deemed an oriRinal thereof. COUNTY OF OFkANGE r a B g Dates: Board of supervisors /I • � �'' •`� Approved As to Form: County Counsel CITY OF:P ATTEST: ......... . 'W'S, MANAWMEN Dated: Approved As to Form: City Attomey ORANGE COUNTY FIRE AUTHORITY By. Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: $1GNEt) THACfRZ EQD kSUI� SBBEEN 1fiMAtJ flF TH THE C UA �% 1.4L ek ; THEBO Y. CAL OOR4�114R>OFtS CLERK ORANG� CW Joint Agreement Nov232004 Final xg -159- Item 9. - 43 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 he deemed an original thereof. COUNTY OF OI�AIIGE j� c sy: Board of Supervisors Dated: Approved As to Form: County Counsel — ��-ro--0'f CITY OF: DANA POINT ATTEST: MAYOR By: City Cleric Dated: 3-1 /— O:� Approved As to Form: City Attorn Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGD AND CERTIFIED THAT A COPY OF THIS DOMM t4iT HAS BEEN MAN OF TN DELWEEDRED d THE C. ATTEST- DAFILEN Eu�Of R RvtsAs pANGCorCALOIA Item 9. - 44 xB -160- 49 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 he deemed an original thereof. COUNTY OF 0 GE r j .r By: _ Board of Supervisors Dated: _ -;3� Approved As to Form: County Counsel - ff—rQ--O•f CITY OF: k-;-ySk-xx-. A ATTEST: Dated: ' �yZt4ML-- Approved As to Form: City Atto t ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Mirk of the Authority APPROVED AS TO FORM: By: Q4uthority Counsel Dated• SIGNED AND CER11TIEDIHAZ A M" 4F 'THIS DOC JM HAS BEEN DELIVERED 0 ir+f C tolMo d OF T ARD ATTESt l DARLEN J. BLOOM CLERK FCOUNTY'.CATORKIA ViSORS I pint Agreement Nov2320(A Final HB -161- Item 9. - 45 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 ORANGE By: Board of Supervisors Dated: Approved As to Forth: County Counsel /V CITY OF: FULLER'TON By S-awn Nelson, or ATTEST rz�ikz� - City Clerk Dated: -3- a-()i5 Approved As to Form: set their hands counterparts of ORANGE COUNTY FIRE AUTHORITY 0 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: IM Dated: Authority Counsel SIGNED AHD CERI IFIED THAT A COPY Of THIS DOCUM HAS BEEN DEt WERED 0 THE C 1RMAN t)F Th � ATTEST- ' a DARLEN J. BLOOM ORANGE COUNTY-CALIFRVlSQRS OR" Joint Agreement Nov232004 Final Item 9. - 46 HB -162- 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 he deemed an original thereof. COUNTY OF ORANGE f� , By. . Board of Supervisors Dated: Approved As to Form: County Counsel !(—ra CITY OF: AT'l'EST: P By: By: WILLIAM J. DALTpN' `tea, ffn%�- Dated: s-Z�f— Approved As to Form: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIts1JED AMD CERT1FtED THAT A COPY Of TH15 DOCUM HA5 BEEN DELIVERED O THE C IRM 4F TH ARD ATTEST- % . DARiEN J. DLQOOA aRAWGEFC01t m. c�Of ORNIAERVlSORS xB -163 _ Item 9. - 47 a 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: ttunti naton B3 a h ATTEST:. Approved As to Form: City Attorney ORANGE COUNTY FIRE AUTHORITY ATTEST: Clerk oT the Authority APPROVED AS TO FORM: By A hority Counsel Dated:'' 2— F G SIGNED AND CERTIFIED THAT A COPY OF THIS 0pOCUM T "AS BEEN DELIVERED TO THE C IRMAN OF Tx Rq ATTEST- /Law ATTEST' J. BLOW CLEA9 QF THE BOARD OF SUPERVISORS ORANGE COUNTY. CALIFORNiA s Joint Agreement Bvov232404 Final Item 9. - 48 HB -164- r IN WMESS WBIREOF, the Parties and Participating Agencies bereto have set their bands 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 a By: _ 1 Dated: Board of Supervisors Approved As to Forma: County Counsel /f —10 --o `f CITY OF: ld2ze ne- City Dated: S — Ll ` O g- Approved As to Form: City AttorneA Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: pAMMir J. oLv^dw OF WKRMM OWG ,,cap° _M HB -165- Item 9. - 49 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 0 �'.-` GE By: } Board of Supervisors Dated: Approved As to Fozm: County Counsel i�- -0q CITY OF:- La Habra ATTEST: �.. �/_ :..�. By: Mayor, Steve Anderson City Clerk, Tamara D. Mason Dated: -b/R /C)S Approved As to Form. ORANGE COUNTY FIRE AUT ORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIED THAT & COPY Of T9HIS DDUM T �S BEEN DELIVERED 0 THE C I MAN OF Th ARD ATTEST- i DAFiL1rN J.6L AA CL AK F THE BOARDp E U4�Y CALIFORNU+RVISORS Item 9. - 50 HB -166- IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set then hands and seals on the date set forth opposite their resprctive signatures on identical counterparts of Us instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OPtANGE By. ow Board of Supervisors Dated: P - 03 3 Approved As to Form: County Counsel CITY OF: ATTEST: By R.r Dated: Approved As to Form: City A toiney i ORANGE COUNTY FIRE AUTHORITY 0 Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By. Authority Counsel Dated: SIGNED AND CERTIFIED THAT A COFY OF THIS DO...... HAS BEEN DELIVERED A UM THE C iRf+�AN OF iH ATTEST DA OOM W J� E 0 OF SUPERVISORS q.ERS� ORANGE COUNTY. CALIFORNIA DPP\VNrA Agreement Nov232004 Final xB -167- Item 9. - 51 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 . 4 By: 1 y Dated: Board of Supervisors /I •��'� L-% Approved As to Form: County Counsel CITY OF: ATTEST: By: — Y, 1�1r-tlw City Manager- City of Laguna Beach By: r Cit Clerk _ City of Laguna Beach Dated: - Approved As to Form: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORM By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: Dated: .Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS TDHOECC IRMAt�I QF TH Wi BEEN t}ELARD �L1 O ATTEST DARLEN J. BLOOMCLERK ORANGE COUNTY. CAL�SUPERVISORS QRN A Item 9. - 52 FIB -168- 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 0 GE � e By: Board of Supervisors Dated: Approved As to Form: County Counsel S44 � /l—ro--oaf CITY OF: Laguna Hips f City 0erk A. �arlson Dated: 2 z.2 0 ,Approved As to Form: City Attorney Lois E. Jef6 ORANGE COUNTY FIRE AUTHORITY By: Dated: Chairman ATTEST: Clerk of the Authority APPROVED AS TO FORA: By: Dated: Authority Counsel SIGHED AND CERTIFIED TKAT A COPY OF THIS DOCUM NAS BEEN DELNERED 0 THE C 1Rt�Atd Of TK RD ATTEST pARlt x J. BI !!! OM CLERKORANGF� CALIFa RV1S Ioint Agreement Nov232004 Final HB -169- Item 9. - 53 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 t d By: Board of Supervisors / Dated: `�';3-,'d Approved As to Form: County Counsel CITY OF:141" ATTEST: ORANGE COUNTY FIRE AUTHORITY Un Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: 0 B r COY Y Dated: By: ity Clerk Dated:. --- Approved As to Form: City Attorney Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCU�II BEEN THE C IR9A NSOF 7H DEL ARd� TO ATTEST- DA! EN d- BLOOM CLERKORANGE �u�AFID CAI�ORUIA SUPERVISORS _ Joint Nov232004 Final Item 9. - 54 - HB -1 70- IN WITNESS WBEREOF, 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 GE r i By-. Board of Supervisors Dated: ' ;3� Approved As to Form: County Counsel CITY OF: ATTEST: By: City Cle_k (_ Dated: Approved As to Form: City Attorney t ORANGE COUNTY F'1R:E AUTHORITY Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS F 4A HAS BFEN DELNERED TO IRMAN QF TH ARD ATTE DAR NLE J. BLOOM 111 ORAM E iAU1�'. CALFF ORNIA SUPERVISORS Joint Agreement Nov232004 Final HB -171- Item 9. - 55 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 a)) purposes be deemed an original thereof. COUNTY OF ORANGE sy: Board of Supervisors Dated: _ f� °� •y �1 Approved As to Form: County Counsel CITY OF: ATTEST: By Q Mayo By: — CITY OF FOREST Dated: 03,E 1 # L-)S Approved. City Attorney Joint Agreement NovMON Final set their hands counterparts of ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: Dated: Authority Counsel SIGNED AND CERTIFIEDWAT A COPY OF TriiS DpCUM T HAS BEEN DW LIVEREDTO THE C IRMAPd 0 TH ARD ATTEST f DAREN J. BLWU ORANGE iAU4d. CAL FORMA ERK Q HE BOARD OF RYIS S Item 9. - 56 HB -172- IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set fortis opposite them respective signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OrGE G By: Board of Supervisors Dated: P ' 03 Approved As to Form: County Counsel —�' ff—sue -0-f CITY OF: 'E-0 ATTEST: %A 0'-13100. a! -&ITKA t M City Clerk,'5uSRA+ e.. c -^-e-r�ool Dated: as - d. cQ-`-OS` Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHOR.Ty By: Dated: Chairman ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED A.wD CERTIM TH +T A CM OF lti,S DOCU W BUN DILWEI TIiEC MliAlOFTii J_ ATiE5T UA NppBOARD J. Bt ORAF SMERVMOM NGE tAUr�® HB -173- Item 9. - 57 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 Bg Y• Board of supervisors 1 Dated: Approved As to Farm: County Counsel - I1`(o --o-f CITY OF: I Sit d na V �5t� ATTEST: By:QQL�-,j By: DQ P.,tj ; .5 W t l �-er - -7� &u'�-' -7-" m ew City lerk AQ* Dated: J 0 ! b Approved As to Form: City Attorney ORANGE COUNTY FIRE AUTHORITY c Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORAM: Dated: Authority Counsel SIGNED AND CER11fIED 14T A COPY OF THIS DOGU HAS BEEN DELIVERED TO THE C. IRMAN OF Tm ARD ATTEST DARIEN J.BLOOM ! CLERK QF THE BOARD OF SUPERVIMRS ORANGECOUNTY. CALIFORNIA Joint Agreement Nov232004 Final Item 9. - 58 - HB -174- IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their re-,•pective signatures on identical countcrparts- of this instrument, each which shall for all purposes be deemed an or_ginal thereof. COUNTY OF ORNGE 4 By: vvtg Board of Supervisors Dated: ! / - '-3-, -t) d`rl Approved As to Form: County Counsel CITY OF: Newport Beach A I J - "-4fflym� Dated: Approved As to Form: City At�,O V ORANGE COUNTY FIRE AUTHORITY : Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: LM Dated: Authority Counsel SIGNED AND CERTIFIED I"'" A COPY OF THIS DOCUMENT HAS 5F-EN DELIVERED TO THE C, 1AMAN DF TN ARQ ATTEST; DARLEN J. OM CLERK QF THE BOARD OF St1PERv150RS ORANGE COUNTY, CALIFORNIA -it Agreement Nov232004 Final HB -175- Item 9. - 59 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'__ g Board of Supervisors Dated: -;3 3 Approved As to Form: County Counsel CITY OF: _ orange City Cler1: Dated:` ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIED THAT A COPY OF TIiIS DOC THE C {RMAAI �F BEEN DELIVERED 0 ALMST J. �L p GE COl11+flYAE ACALI0FQANU RVISCI Joint Agreement Nov232004 Final Item 9. - 60 x8 -1 76- TAT 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 O GE I ' By: 1 Board of Supervisors Dated: /� • o;3� •� L-1 Approved As to Form: County Counsel CITY OF: ATTEST: LM By: City Clerk . Dated: Approved As to Form: City Attorney Joint Agreemeni Nov232444 Fi rW ORANGE COUNTY FIRE AUTHORITY ATTEST: Clerk of the Authority APPROVED AS TO FORM: ��= Counsel Dated: Y- &'e--a SIGNED AND CERT IFIED THAT A CO" OF THIS p{ WIA MAS BEEN DELIVERED THE C IRMAN t}F TH ATTEST. DARLEN J. BLOOM CL O€1ARD OF HSUPE GE NTY ACALIIFORNIA FiViSORS HB -177- Item 9. - 61 OCTA X. .EEMENT NO.C- 4-1256 ORANGE -COUNTY TRANSPORTATION AUTHORITY �Y&By: , . Arthuc T. Leahy Chief Executive Officer Dated:. S - I - 6 � APPROVED, -AS TO FORM: Kerirnard R. Smart,'Jr. General Counsel' i APPR DD By: William L. Foster Executive DireBus Operations Dated: V54 05 Joint Agreement Nov232004 Final Item 9. - 62 HB -178- 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 he deemed an original thereof. COUNTY OF OF GE r ' �VppAk ytpANOO-- By: Board of Supervisors Dated- // • 0�-� Approved As to Form: County Counsel 8- CITY OF: PLACENTIA A`7 0 j � � di �� 51 Azz /� Cify lerk PdYrick J _ Melia Dated: 5- '5r- D-5r Approved As to Form: City Attorney Thomas-F. Ni on Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: Dated: Authority Counsel SIGHEtl t ND CER11FIED THAT A COPY OF THIS U MHAS BEEN DELIVERED10 MAN OF TH ARD ATTE DAR0 OUPE RANGE CTHE BOAR OF S OUNITY. CAL' ORN'A Ry1$pFiS HB -179- Item 9. - 63 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 By: Board of supervisors 1 Dated: Approved As to Form: County Counsel CITY OF: Rancho Santa Margarita ATTEST: ORANGE COUNTY FIRE AUTHORITY Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: BY: Dated: By: City lerk - Debbie Wo Dated: Avu-" Y;`; Approved As to Form: City Attorney don E. Cav augh, City Attorney Authority Counsel SIGNED AND CERTIFIED XHAT A COPY OF THIS DOCUM HAS BEEN DELNEREDTO THE C iRAiAN OF Tfil ARD ATTEST UARLEN J.BL M J( ORANGE COUNTY, CADLIFORKIA RVISORS Joint Agreement Nov232004 Final Item 9. - 64 HB -1 so- IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set then 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 orirjnal thereof. COUNTY.OF OIrGE j By: Y 1" Board of Supervisors Dated: ;3 Approved As to Form: County Counsel ft -ra --a� CITY OF: Attest: City Clerk ' o Dated: 3 Approved As to Form: City Attomey ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: Dated: Authority Counsel SIGNED AND GERIIF[ED THAT A COPY OF THIS DOGU11t HAS BEEta I)ElMERED 0 THE C IRMAIN of TH ARD ATTEST .' t]ARLEN l.6100M 4FiAANNG FCOUNTy. CAL40RNIA RYIS S Joint Agreement Nov232004 Final HB -181- Item 9. - 65 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 0 GE B ° Y• Board of Supervisors Dated: o;33'y Approved As to Form: County Counsel CITY OF: San Juan Capistrano ATTEST: ORANGE COUNTY FIRE AUTHORITY 929 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By- - Xu—thionty ounsel BY Dated: By Wyatt rt, yor �J _ 1 S - Margaret R. Monahan Dated: Approved As to Form: City Attorney - q !,a,- 4n R. Shaw SIGNED AND CERTIFIED T KkT A COPY OF THIS DOCUµ HAS BEEN DELIVERED TO THE C 1RMAN OF TH ARD AT'iEST 1 DARLEN J. SLOOM CLERK GE COUNTY. CALiFOR0 SUPERVISORS ORANGE T-.' A— ement Nov232004 Final Item 9. - 66 RB -182- 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 orieinal thereof. COUNTY OF ORANGE f� : s �" ' Y Beard of Supervisors Dated: / / - - � Approved As to Form: County Counsel CITY OF: ATTEST: set their hands counterparts of ORANGE COIJNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Dated: t 4�111 ILI l7/ City Clerk Dated: '� —/Z-/ --1!9 Approved As to Form: ` City Attorney SQA Joint Agreement Nov232044 Final Authority Counsel SIGHED AND CERi If tED THAT A COPY OF THIS DOCUFA HAS BEEN DELIVERED O ZKEC rip'NOFTHOqARD ATTEST- �' pARLEN d- 6tDOM CLEFtKOF THE BOARD OF SUPERYISOFIS ORANGE COUNTY, CALIFORNIA Item 9. - 67 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 y B j Board of Supervisors Dated: _ Approved As to Form: County Counsel oo --Qy CITY OF: Santa Ana ATTEST: By: tiz fjCcr David N. Ream By: _City Manager City Clerk Dated: Approved As to Form: City Attorney 'la `C' : 7 CISEPH W . F'LET&ER U ty Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY Dated: ATTEST: Chainnan Clerk of the Authority APPROVED AS TO FORM: Lin Dated: Authority Counsel SIGNED AND CERTIFIED THAT A CMOF THIS MjM HAS BEEN DELNEAED Ta TYIE C Am OF Tli AAIJ ATTESY1, DARLEN J. Bt. ((( CLERK Of IARYORs E cONTY CALIORN Item 9. - 68 HB -184- 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 0rGE t By: I Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF:t�r't-aY� ATTEST: ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: B ' I.e , - y Dated: MD4z. Dated: Approved As to Form: City Attorney r Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS t30CUi+� T HAS BEEN DELIVERED TO TF C. IRMAN OF TH ARD ATTEST DARLEN� J. BLOOM ttt CLERK C)W E THE BOARD OF CQUNTy, CALIF RY150RS ORNIA Joint Agreement Nov232004 Final 1413 -185- Item 9. - 69 e IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seats 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 M Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: Tus-tin ATTEST: By: _4.1xke By_ Lou Bone, Mayor e", � �+�M-0•� Dated: March 7, 2005 Approved As to Form: City Attorney 5;-, — - 4,— Id" Lois Jeffrey ORANGE COUNTY FIRE AUTHORITY M Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: M Dated. Authority Counsel ` greemern Nov232004 Final Item 9. - 70 Hl3 -186- 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 c � j BY: 1N y4A Board of Supervisors Dated: _ --- Approved As to Form: County Counsel !(— --0 "fr CITY OF: vIt .t A PARK ATTEST: BV: Richard A. Freschi, Mayor Approved As to Form: City Attorney ORANGE COUNTY FIRE AUTHORM By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: M Dated: Authority Counsel SIGNED AND CEMIFIED THAT ACOPY OF THIS DOcum HAS BEEN DELIVERED 0 THE C IRMAN OF Ti ATTEST .� pAMEN J. SL CLERK Qf THE 6CARD U SUPERVISORS MNG,E {,AUNTY, CALIFOPAL Joint Agreement Nov232004 Final HB -187- Item 9. - 71 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, eaeh which shad for all purposes be deemed an original thereof. COUNTY OF OrGE By. Board of supervisors Dated: ' P -033 Approved As to Form: County Counsel If—ra--a�f CITY OF: WESTMINSTER ORANGE COUNTY ME ALTMORITY By: Chairman Dated: AT MST: Clerk of the Authority APPROVED AS TO FORM: i r By. Dated: MaygitdL. Rice, Mayor ATTEST: Maria Li rera , City Clerk Dated: Approved As to Form: Joint Agreement Noy232004 Final Authority Counsel SIGNED AND CERTIFIED NAT A COPY OF THIS DOW HAS BEEN D LiVEF�D 0 7HE C IAI►tAfi Oar T DA-RL9N J. BLOOM F E BOARD ORA�iGCLERK 2 C0119(TYCALI ORWof �� Item 9. - 72 HB -Iss- IN WMTESS 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 B : t om . ... y Board of Supervisors Dated: /I -';-a' •v c—1 Approved As to Form: County Counsel • 1:-M N M ATTEST j City Clerk U Dated: Z--- 0'.S Approved As to Form: City Attorney ff Q, 61Lh BEST BEST & KRIEGER, LLP ORANGE COUNTY FIRE AUTHOR3TY LM Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: L-IM Dated: Authority Counsel SIGNED AND CER11FIED THAT A COPY OF THIS DOCUmLgi HAS BEEN DELIVERED TO THE C ' MIMIAN OF I t3AR0 ATZE53 DARLEN J. BLt OFiA G4 CKE OU��. CALARD �OF+N� SUPERVISORS Joint Agrcement Nov232004 Final HS -189- Item 9. - 73 0. f�1rA.�rJ�`d��i1 B TO A J _ OINT GREEM ENT FOR THE IMPLENIENT'ATION AND OPERATION OF THE ORANGE COUNTY 800 MEEGAHERTZ COUNMVIDE COORDINATED COMMUNICATIONS SYSTEM DATED JA.NUARY 3041996 WHEREAS, the parties 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 Agreernenn; and WHEREAS, Section 15 of the Joint Agreement which addresses the issue of Cost Sharing for the 800MHz 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 parties 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: "15 SYSTEM MODIFICATION'S AND COST SHARING 15.1 Syslern 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 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. Item 9. - 74 HB -190- 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 sale 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. 0.2 Cost Sbaring Beginning July 1, 2002 A. Effective DatelPercentage Share The Cities and Orange County Fire Authority (OCFA) will commence System Backbone cost sharing payments as of July fl, 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 40.1 g% 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 HB -191- Item 9. - 75 OCFA's indi%7dual 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 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. 15.5 New Site Development and Infrastructure Fund The County will place the approximately $4.1 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 lnfrastruclure 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 fiom 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 Casts Item 9. - 76, H.B -192- Unless otherwise authorized by separate agreement or an amendment to the Joint Agreement for the implementation and Operation of the 800- MHz 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 Cbange to Governance Structure The Govemance 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 Neev 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-Enid 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. Thereaf►er, 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 proponion as was used to create the excess. In the event of a shortfall, each party shall be billed its pro -rats share of the shortfall, which shall be paid in the first quarter payment for the next fiscal vear following the fiscal year of the shortfall. 15.10 800 NJHz 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: Hg -193- Item 9. - 77 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 party's contribution for maintenance and repair of the bask radio site(s) from which the revenue is generated. All additional net revenues shall go to the County. 15.111 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 signatwes on identical counterparts of this Amendment, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE By rwc ctm) S°,ti_. Approved As to Form: County Counsel Dated: � i. - Dated: 6 -0-3 110NED AND CERTIFIE- KAS Ift L O�Y4, ATTEST'. CARLE Btu `1 , F. SUpg CLERK F THE . DRAW COT`. 6n,aa Item 9. - 78 ' HB -194- City C)erk Dated: _ �` r Approved As To Forma: THE F,OF;7,1nlr�f. IHSTRUMErt1 1E A FULL TRUE AND 'WORRECT COPY OF E QFIG1nAL Oh FILE IN THIS DFF10E. kTTES is ir} j , K- -/»' 3HERYLL SCHROEDER. CaTY CLERK OF THE CITY OF ANAHEIM DEPUTY CITY CLERK xB -195- Item 9. - 79 CITY OF: ALISO VIEJO ATTE,T;--j By: •�� WILLIAM PHILLIPS, MAYOR PRO TEMPORE By: dMTrE'6,VWTM CT ily MIRM WPM i Approved As To Form: ity Attorney i SCOTT SMITH Item 9. - 80 HB -196- CITY OF: • Bua A T: MAYOR ry. Dated: �'` � G .c. Approved As To Form: City Attorney HB -197- Item 9. - 81 CITY OF: Buena Park Al R 2 City Clerk Dated: September 23, 2003 Approved As To Form: City Attorney ,et Item 9. - 82 Hs -198- 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 recarding the amendment to the 800 MHz Joint Agreement= The amendment to language in Section 15 and 19 of the Joint Powers Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communication Svstem, dated December 15, 1995, was approved. The amendment to the Joint Agreement for the Implementation and Operation of the Orange 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 } 1, 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, 1 have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2151 day of August, 2003. Ceps City Clerk and ex-officio Clerk of the th it y Council of the City of Costa Mesa HB -199- Item 9. - 83 CITY OF: Costa Mesa ATTEST By. Lj Mayor of Costa Mesa By: Deputy City Cl Dated: August 20, 2003 Approved As To Form: City Attorney 22 Item 9. - 84 HB -200- CITY OF- CYPRESS By: 'S . Mayor ATTEST: Dated: 8/25/03 Approved As To Form: 4-sr'. City Attorney 1�03 HB -201- Item 9. - 85 CITY OF: Dana Point . c By= ATTES City Clerk Susan Ramos Dated: Approved As To Farm: City Attorney; Patrick Muno3__-- Item 9. - 86 HB -202- ,j CITY OF: rG� ny, � a City Clerk Dated: Approved As To Form: City Atto e'y �t HB -203- Item 9. - 87 CITY OF: rU t-LP-42 i 0 ram! ATTEST: By: %1 By:'1 n City Clerk Dated: 9 — Li - 0 3 Approved As To Form: Item 9. - 88 HB -204- City of Garden Grove By Mayor:-.— . ' c, Attest: City rk Dated Approved As to Farm: City Attorney 0'. HB -205- Item 9. - 89 Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Countywide Coordinated Communications syslem IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. By-. 77/&, L.._.r:F'- E_iF=. rlhAtrtB'fill� .. APPROVED AS TO FORM: Bv_ pnnt narne Deputy County Counsel SIC-NED AND CER71F1ED i{AT A COPY OF qW 1HIS DDOURENT NO BEEN DEIMRED TO THE COMM OF Wft A�iEbi•,: jr�, to , a municipal corporation of the State of California M ayor ATTEST City Clerk 3 PROVED AS TO FORM: , 1� r � % ---�,• --.. _ f tom. City Atto0ey INITIA D AND APPROVED: IInformation ervic Director REVIEWED AND APPROVED: _— o�-Tity Administrator Item 9. - 90 xB -206- CITY OF: M:,n`ram_ 0 A-* Approved As To Form. - City Attorney rr M &--YCY- HB -207- Item 9. - 91 CITY OF: LA HABRA ATTEST By: By: MAM, Juan Garcia City Clerk., Sharie Apodaca Dated: August 4, 2003 Approved As To Form: City Attor Richard Jckhe= r OF iA y JANUARY 20 � 1925 \\ F CAI. Item 9. - 92 HB -208- CITY OF: ]-a Palma ATT w By: Dated: SL ' -)k .l i1�1. Approved As To Form: City Attorney xB -209- Item 9. - 93 - • a CITY OF:�`'u`vL� ATTEST: By: - &-:4 - City Clerk ' Mimi-WPWAM ,,._, Approved As To Form: City Attorney wls�Ilk; Q ?s.1e . a r 6- Item 9. - 94 xB -210- CITY OF: Laouna Hills n City Clerk ` Mary A. %a-", s%,n Dated: August 26, 2003 Approved As To Form: City Attorney HB -211- Item 9. - 95 CITY OF LAGUNA NIGUEL Dated: August 20 2003 Bv- 6' , Mike Whipple Title: Mavor ATTEST: � - c-e Pameta Lawrence Acting City Clerk APPROVED AS 1-0 FORM BY THE CITY ATTORNEY FOR THE CITY OF LAGUNA NIGUEL, CALIFORNIA Ter y El Dixon, E�q City At T rney qvic-3 Item 9. - 96 1413 -212- I l CITY OF: ATTEST' By: r _ By:- r.. City Cle'rh Dated: Approved As To Form: City Attorney �r'al!M xB -213- Item 9. - 97 CITY Y O f : 1 a k c Ft�r �s2 s ATTES MAYOR By: ATTEST: City Cierh Dated: August 5, 2003 Approved As To Form: City Attorney Item 9. - 98 HB -214- By: Maril)M. Poe, Mayor ATTEST: Susan�CVa�nderpool, City Clerk Dated. 9--1a APPROVED AS TO FORM: 't k) Dea erleth, ity Attorney ___ w HB -215- Item 9. - 99 y: City Clerk Dated: C7^ 1,5-n Approved As To Form: City Attorney �dsosbwm Item 9. - 100 HB -216- CITY OF NFi ' RT BE H By--- Dated: U Leven Bromberg 1 yor Dated: LaVonne Harkless. City Cler'� of �t L �A APPROVE OAS TO FOMji� BY: w ed: - - "RoheriTi. Burnham. C:tv Auornev CERTIFIED AS A TRUE ANPp CORRECT COPY U C1F Rk pF mF crrr Of DOE' /,�g3 HB -21 7- Item 9. - 101 MINUTES ORANGE COUNTY Y FIRE AUTHORITY Fxrcu.ti\e Committee Meeting August 28. 2003 6:00 P.\I. C 12. Appro,al of S00..'*1117- Bacl:bone Cost-Sharint Agreement with orange County Sheriff Department. Communica(ions Division On motion of \-ice Chair Blake and, ;zzcotid by Director Rttschel. the Execuu\e Committee voted unanimously- to appro\ e the terms of the Amendment to the Joint AJreement for the itrtplementatton and Operation of the Oranple County 800 MHz Countv-wide Coordinated CommLill Lcattons Svsi nl (CCCS) and authorize the Fire Chief to execute 1+v0 copies of the Joint Avreenient Amendment. OCF,x tit inures Fxrcutive Committee Niertim- AU'ust 28. 200_ Item 9. - 102 xB -218- ORANGE COUNTY FIRE AUTHORITY p L Cha)vean Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM- Y* Authority Counsel Dated. =_= xB -219- Item 9. - 103 CITY OF: ORANGE y M rk A. Murphy, or By: ATTEST: City Clerk Cassandra J. Cathcart Dated- 0 Zoo Approved As To Form: Item 9. - 104 HB -220- C" OF: PLACENTIA ATTEST: BY: SCOTT P. B DY, MAYOR By: 9�� - City Clerk Dated: OCTOBER 2I, 2003 Approved As To Form: City Attofney TNOMAS F. NIXON� CITY ATTORNEY HB -221- Item 9. - 105 CITY OF: Rancho Santa Margarita ATTEST: B w Thompson, Mayor f r Debbie Zaun, City C1e k Dated: Approved As To Form: City Attorney o n E. Cavanaugh, City Itt ney Item 9. - 106 Ins -222- 6 CITY OF SAN CLEMENTE Stephanie orcy Title: Mavor ATTEST: CITY tVAK of the City of San CIe ente_ California Dated: ---- Approved as to Form LET) r y"ARIVIN HB -223- Item 9. - 107 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 G iW tf, ayor ATTEST: i &,[Lk--- John iet R. Monahan, City Clerk Shaw, City Attorney 1 d/ Date I -- 3 -G 3 Data .,w 1,,,eq4mW d,s,tt,,�,r C � �efon^ n s oti�t:e. Attest: CrtY clerk 01 the City of San Jug C isU SDunit� �01; Ott ay: Item 9. - 108 xB -224- CITY OF: SANTA ANA ey. DAVID N. REAM By: City Manager ATTE .:: UIA h. AL1 City Clerk Dated: Approved As To Form: City Attorney JOSEPH W. FLETCHER xB -225- Item 9. - 109 CITY OF: SEAL BEACH Patricia E. am be 1, -Mayor - City of Seal Beach A ST: By: By:"-- f " Clerk Dated: o r Approved As To Form: City Attorney Item 9. - 110 xB -226- CITY OF: S`t'P.,fj TM N City Clerk Dated. 00r N — 0 3 Approved As To Form: City Attorney HB -227- Item 9. - 111 CITY OF: Tustin t) ATTEST: By: By: Tracy Worley Hagen, Mayor 9 r City Clerk, Pamela Stoker Dated. August 4, 2003 Approved As To Form: City Attorney Lois Jeffrey, L , Item 9. - 112 HB -228- w CITY OF: ATTE�—` By: Mayor Dated: /a JP.3 Approved As To Form. City Attorney HB -229- Item 9. - 113 CITY OF WESTMINSTER Don Vestal, City Manager ATTEST: Marian treras, Clerk Approved As To Form: Item 9. - 114 HB -230- CITY OF- YORBA LI14DA By. JAMS, R. WINPE : MAYOR ATTEST: City Clerk Dated - Apppproved As To Farm: B T BEST & KRIEGE-11. LLr City Attorney SONIA R. CARVALHG HB -23 1 - Item 9. - 115 --0 z 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 8, 2005 OCSD/Communications Division Division of Local Assistance 840 N. Eckhoff Street, Suite 104 Orange, CA 92868-1021 Attn: Susan Markey Dear Ms. Markey: CALIFORNIA 92648 Enclosed is the executed original of the Joint Agreement for the Operation. Maintenance and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System. Please return a copy of the fully executed agreement to my attention upon completion of all cities signing. Your cooperation is very much appreciated. Sincerely, / 44c) $"oan L. ynn City clerk JF_pe Enclosures G-fottowlip.agrmthr Item 9. - 116 (To' HB-232-'36-5227) 9 Cie 1 0, i z FOR THE OPERATION, MAINTENANCE, AND FINANCIAL MANAGEMENT OF THE GRANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS Joint Agreement Nov232004 Final SYSTEM NOVEMBER 2004 HB -233- Item 9. - 117 TABLE OF CONTENTS 1. SYSTEM........................................................................................................................... I 2. DEFINITION OF TERMS....................................................................................................2 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM ............................3 4. OPERATIONAL POLICIES -- FIRE SUBSYSTEM .................................. ...3 5. OPERATIONAL POLICIES — LIFEGUARD SUBSYSTEM .....................................' .....4 6. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEM......................................4 7. OPERATIONAL POLICY..................................................................................................4 8. OPERATIONAL POLICY REVIEW.................................................................................6 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 I 15. SYSTEM MODIFICATIONS AND COST SHARING.....................................................I I 16. ADDITIONAL PARTICIPATING AGENCIES/USERS OR CONSOLIDATION OF PARTICIPATING AGENCIES.................................................................... 17. LIABILITY........................................................................................................................18 18. GOVERNANCE COMMITTEE.........................................................................................18 19. AGREEMENT AMENDMENT PROCESS.......................................................................19 20. WITHDRAWAL FROM SYSTEM.................................................................................A9 Joint Agreement Nov232004 Final Item 9. - 118 HB -234- 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 Sheriff's Association [OCCOPSA], 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 systern. Partners and Participating Agencies on the 800 MHz CCCS are limited to public entities. RECITALS: 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: I. 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)/Communications Division as the "Lead Agency" in maintaining and enhancing the System. - Joint Agreement Nov232004 Final Page 1 HB -235- Item 9. - 119 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 Sheriff's Department, Orange County City Police Departments, Orange County District Attorney'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 Agreement Nov232004 Final Page 2 Item 9. - 120 HB -236- "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. 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM The Orange County Chiefs of Police and Sheriff's Association (OCCOPSA) is an established organization composed of representatives from the Sheriffs 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 responsibility 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 HB -237- Item 9. - 121 t 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. 6. 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.I 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 Item 9. - 122 HB -23 s- 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 OCSO/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 taw/fire/public works non -life threatening operations when and if it is necessary to establish System priorities. Joint Agreement Nov232004 Final Page 5 HB -239- Item 9. - 123 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 interoperability 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 MHz 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 Item 9. - 124, HB -240- 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, 1999 for the implementation of new systems using the 800 MHz spectrum, require that Partner and Participating Agencies that transfer operation to the new 800 MHz channels must give back licenses on existing system frequencies. These "give - up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. 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 thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when 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. Joint Agreement Nov232004 Final Page 7 HB -241- Item 9. - 125 Any city that does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use another city's "give -up" 460 MHz GREEN channel in a cellular re -use pattern. 11.4 SYSTEM TECHNICAL MANAGEMENT Proper operation of a modern, bunked, multi -channel communications System requires centralized technical coordination. OCSDICommunications 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. 113 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 Lost/Stolen/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 Item 9. - 126 HB -242- { System. OCSDICommunications 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. OCSDlCommunications will be responsible for negotiating pricing on new equipment with recommendations forwarded to the Governance Committee for final approval. Y1.5 Technical Standards and Equipment Evaluation The OCSDICommunications 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. 12.61 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 Finat Page 9 1413 -243- Item 9. - 127 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 S2,480 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 Governance 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 Item 9. - 128 xB -244- OCSDlCommunications shall obtain the approval of the Governance Committee to determine the appropriate additional terms, 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 System 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 sharing 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 l 1 xB -245- Item 9. - 129 Q The cost for any modification intended for the sole use and support of a single Partner or Participating Agency shall be home 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/Percentage Share The Cities and Orange County Fire Authority (OCFA) will commence System Backbone cost shaning 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: 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 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 Item 9. - 130 HB -246- 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 theft 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 MD/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. 153 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-W. 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 200/6 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 HB -247- Item 9. - 131 15.5 New Site Development and Infrastructure Fund The County will place the approximately $4.1 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 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. 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. o Use of infrastructure contributions collected annually as part of the backbone cost -sharing allocations. Contributions to infrastructure payments will be made on a 701/9 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 -boos 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 Item 9. - 132 HB -248- i 15.7 15.8 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. 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 infirastructure by each Partner Agency and Participating Agency will be held in either the specific County Account (15L) 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 fees for this account will be 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 HB -249- Item 9. - 133 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- govertunental 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 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. 15.10 Future System Enhancements&Tpgt-ades/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 EnforcementfPublie Works/Fire/Lifeguard Agencies may be added to the system with approval by That Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. (Refer to Section 13.1.) The System must adhere to FCC minimum 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 Item 9. - 134 HB -250- 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 Forks 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 regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. 16.3 - Adding Dion-City/Non-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 design 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 xB -251- Item 9. - 135 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 Nan-Cityl 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.E Adding Mutual Aid. Providers Certain governmental and non -governmental Mutual Aid Providers may be granted access to the subsystems, for the expressed purpose of providing Mutual Aid to a Participating Agency. Access may only be granted by the bodies described in Sections 3, 4, 5, 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 sponsoring 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). V. L.lABILITY Each Party listed in Exhibit "A" (the "Indemnitor") shall indemnify, defend, and hold all other parties, and their agents and employees (the "Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement which acts or omissions constitute gross negligence. 18. GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz 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 Nov232044 Final Page 18 Item 9. - 136 HB -252- 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. 19. AGREEMENT AMENDMENT PROCESS This Agreement may be amended or modified by consent of all of the Governing Authorities representing the Parties. 20. 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 small 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 Participating 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 prograrn.) 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 HB -253- Item 9. - 137 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 Agreement Nov232004 Final Page 20 Item 9. - 138 xB -254- TN 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: Dated: Board of Supervisors �-- Approved As to Form: County Counsel CITY OF: Huntin gton j3aach ATTEST: Approved As to Form: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY •y. :•t Chairman D. ATTEST: erk o the Authority APPROVED AS TO FORM: By. -- A hority Counsel Dated:'- SIGNED AND CERT IFIED THAT A COPY OF THIS OOCU HAS BEEN DE),.E,7 IVO THE G_ IRAtAN OF THY" ATTEST :' DARKEN J. 6L04fd CL ERK .FOR IPAER�SOFiS HB -255- Item 9. - 139 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT CI' RESPONSIBLE ADDRESSPHONE#� ADMINISTRATOR Aliso Viejo City Manager 112 Journey, Suite 100 949/425-2512 Aliso Viejo, CA 92656-5335 Anaheim City Manager 200 S. Anaheim Blvd. 714/765-5162 Anaheim, CA 92805 Brea City Manager 1 Civic Center Circle 714/9W-7770 Brea, CA 92821-5732 Buena Park City Manager 6650 Beach Blvd. Buena Park, CA 90620 714/562-3550 Costa Mesa City Manager 77 Fair Drive Costa Mesa, CA 92626 714/754-5328 Cypress City Manager 5275 Orange Avenue Cy2ress, CA 90630 714/229-6688 Dana Point City Manager 33282 Golden Lantern, Suite 203 9491248-3513 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater Avenue Fountain Valley, CA 92708 714/593-4410 Fullerton City Manager 303 W. Commonwealth Ave 714/738-6310 Fullerton, CA 92832 Garden Grove City Manager 11222 Acacia Parkway Garden Grove, CA 92840 714/741-5 100 Huntington Beach City Administrator 2000 Main Street Huntin oti Beach, CA 92648 714/536-5575 1 Civic Center Plaza Irvine City Manager P.O. Box 19575 9491724-6246 Irvine, CA 92623-9575 La Habra City Manager 201 E. La Habra Blvd. 562/905-9701 La Habra, CA 90633 La Palma City Manager 7822 Walker Street La Palma, CA 90623 714/690-3333 Laguna Beach City Manager 505 Forest Avenue 'LagunaBeach, CA 92651 9491497-0704 Laguna Hills City Manager 24035 El Toro Road949/707-2610 Uguna Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road La na Ni el, CA 92677 949/362-4300 Laguna Woods City Manager 24264 El Toro Road Lag2na Woods, CA 92653 949/639-0525 Lake Forest City Manager 25550 Commercentre Drive949/452-34i0 Lake Forest, CA 92630 3191 Katella Avenue 562/431-3538 Los Alamitos City Manager Los Alamitos, CA 90720 ext. 201 lm—ission Viejo City Manager 200 Civic Center Mission Vi 'o, CA 92691 949i4743051 Exhibit A as 11103/04 -1- Item 9. - 140 HB -256- i EXHIBIT An 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT CM ADDRESS PHONE # ADMINISTRATOR ADMINISTRATOR Newport Beach City Manager 3300 Newport Blvd. Newport Beach, CA 92663-3884 9491644-3000 Orange City Manager 360 Fast Chapman Ave. 714/744-2222 Orange, CA 92866 Placentia City Administrator 401 East Chapman Ave Placentia, CA 92870 714/993-8117 Rancho Santa Margarita City Manager 22112 El Pasco 949/635-1800 Rancho Santa Margarita, CA 92688 ext. 210 San Clemente City Manager 100 Avenida Presidia San Clemente, CA 92672 949/361-8322 San Juan Capistrano City Administrator 32400 Paseo Adelanto San Juan Ca istrano, CA 92675 949/443-6317 Santa Ana City Manager 20 Civic Center Plaza Santa Ana, CA 92701 714/647-5200 211 8th Street 562/431-2527 Sea! Beach City Manager Seal Beach, CA 90740 ext. 300 Stanton City Manager 7800 Kateila Avenue 714/379-9222 Stanton, CA 90680-3162 ext. 240 Tustin City Manager 300 Centennial Way 714/573-3010 Tustin, CA 92780 Villa Park City Manager 17855 Santiago Blvd. 714/998-t500 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 7141961-7110 Yorba Lin CA 92886 West Cities Communications Center West -Corr 911 Seal Beach Blvd. 5621594-7243 ( West -Comm Administrator Seal Beach, CA 90740 Exhibit A as 11/03/04 -2- HB -257- Item 9. - 141 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT COUNW RESPONSIBLE AGENCY/ ADDRESS PHONE # AIDMWIST'RATOR DEPARTMENT 401 Civic Center Drive West District Attorney District Attorney P. 0. Box 808 714/834-3636 Santa Ana, CA 92702 405 W. Health Care Agency Director San ta Ana, CA 9270 i San 714/834-6254 Integrated Waste Director$ 320 N- Flower St., Suite 40t} 7141$34-4122 Management Department Santa Ana, CA 92703 Jahn Wayne Airport Airport Director 3160 Airway Avenue 949/252-5183 . Costa Mesa, CA 92626-4608 Probation Department Chief Probation Officer d Avenue Orangewood 1535 E. Orangewoo 7141937-4701 Anaheim, CA Resources & Development Director 300 N. Flower Street 714/834-4643 Mamgerncra Depa=cni Santa Ana, CA 92703-5000 550 N. Flower St. Sheriff' -Coroner Sheriff -Coroner P. 0. Box 449 7141647-1800 Department Santa Ana, CA 92703 FIRE SERVICES RESPONSIBLE AIDMI MSTRATOR ADDRESS PHONE # Orange County Fire Firs Chief l Fire Authority Road 7141573-6410 Authority Irvine, CA 92602 Metro Net Fire Dispatch Communications 201 So. Anaheim Blvd., Suite 302 7141765-4077 Center Manager Anaheim, CA 92805 Exhibit A as 11/03/04 -3- Item 9. - 142 HB -258- ~' EXHIBIT R CFTY USERS • LAW PUBUC WORKS TLIFEGUARD FIRE ALISO VIEJO SHERIFF OCFA ANAHEIM X x X BREA i X X x BUENA PARK j X X OCFA COSTA MESA x _ x x CYPRESS X i X OCFA DANA POINT SHERIFF x OCFA FOUNTAIN VALLEY X i X X FULLERTON X X X GARDEN GROVE I x x x HUNTINGTON BEACH x x x x IRVINE x x i OCFA LA HABRA X X i x LA PALMA ! X X OCFA LAGUNA BEACH x X X X LAGUNA HILLS SHERIFF x OCFA LAGUNA NIGUEL SHERIFF X L OCFA LAGUNA WOODS SHERIFF OCFA LAKE FOREST SHERIFF I I OCFA LOS ALAMITOS i x ti x OCFA MISSION VIEJO SHERIFF x I OCFA NEWPORT BEACH ti x X X X ORANGE X X x PLACENTIA X I X OCFA RANCHO SANTA MARGARITA SHERIFF I OCFA SAN CLEMENTE SHERIFF X x OCFA SAN JUAN CAPISTRANO SHERIFF i X OCFA SANTA ARIA X i X x SEAL BEACH X x x OCFA STANTON SHERIFF i x OCFA TUSTIN x I X OCFA VILLA PARK SHERIFF x OCFA WESTMINSTER i X x OCFA YORBA LINDA BREA i X OCFA WEST-COMM X i METRONET X COMM USERS LAW ��S LIFEGUARD FIRE DISTRICT ATTORNEY x HCA X IIWMD—_`-"—_ x -_ JOHN WAYNE AIRPORT X�— X —� PROBATION x — SHERIFF -CORONER X ~-'�— Exhib4 8 jh I UU3/04 xB -259- Item 9. - 143 EXHIBIT B MUTUAL AID USERS �� PUBLIC WORKS LIFEGUARD FIRE AFRC FIRE DEPARTMENT X AMR AMBULANCE _ BOEING FIRE DEPARTMENT I X X CALIFORNIA HIGHWAY PATROL X CALIFORNIA STATE PARRS X ; 1 CALIFORNIA STATE UNIVERSITY FULLERTON POLICE X i CAMP PENDLETON FIRE DEPARTMENT ; X CARE AMBULANCE + I X CDF RIVERSIDE FMIE DEPARTMENT ! X CORONA FIRE DEPARTMENT X DISNEYLAND FIRE DEPARTMENT X DOCTORS AMBULANCE + X EMERGENCY AMBULANCE X FBI X HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT PD- X ; LA HABRA HEIGHTS FIRE DEPARTMENT ; X LAGUNA BEACH COUNTY WATER DISTRICT i X LOS ANGELES COUNTY SHERIFF AERO BUREAU i X I MEDIX AMBULANCE i X MERCY AIR I i X NAVAL WEAPONS STATION FIRE DEPARTMENT X NORTHROP GRUMMAN FIRE DEPARTMENT X SADDLEBACK COLLEGE POLICE DEPARTMENT X i SANITATION DISTRICT OF ORANGE COUNTY X i SCHAEFER AMBULANCE X UNITED STATES FOREST SERVICE a + X UNIVERSITY OF CALIFORNIA IRVINE POLICE X Exhitit B lh 11103104 Item 9. - 144 HB -260- C EXHIBIT C 800 MHz COUNTYWIDE COORDINATED C(DMMUNICATIONS SYSTEM MUTUAL. AID USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR AFRO Fire Department Tom Mckinnon 4250 Constitution 562n95-2144 Los Alamitos, CA 90720 AMR Ambulance Ernie Chavez 10662 Stanford Ave. 7141638-6200 Garden Grove, CA 92840 Boeing Fire Department Scott Bolton 2600 Westminster Blvd. 5621797-3188 Seal Beach, CA 90740 California Highway Patrol Bob Fablee 3865-A W. Commonwealth Ave. 7I4/449-7091 Helicopters Fullerton, CA 92833 California State Parks Ken Kramer 8471 North Coast Highway 949/497-1582 Laguna Beach, CA 92651 California State University P.O.Box 6846 Fullerton Police and Fine Sgt. Bob Baker Fullerton,714/278-2904 CA 92834�i806 Departments Camp Pendleton Chief Timothy Hoover PO Box 555211 760/7254321 Fire Department Camp Pendleton, CA 92055 Care Ambulance Rick Richardson 8932 Katella Ave., Suite 201 7141828-7750 Anaheim, CA 92804 CDF Riverside Chief Mike Barton 210 W. San Jacinto Ave 951/940-6900 Fire Department Perris, CA 92570 Corona Fire Department Deputy Chief Marcus 815 W. 6 h Street 9091736-2220 Billington Corona, CA 92882 Disneyland Fire Lon Cahill 1313 S. Harbor Blvd. 7I4/7$1�666 Department Anaheim, CA 92803-3232 23091 Terra 12rive 949/951-8535 Doctoes Ambulance Jim Ignacio Laguna Hills, CA 92653 ext. 206 Emergency Ambulance Jim Karras 3200 Fast Birch #A 714/990-1742 Brea, CA 92821 FBI Dan Koch l Y000 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 Habra Heights Fire John Nielsen 1245 N. Hacienda Road 562/694-8283 Department La Habra Heights, CA 90631 Laguna Beach Dennis Hoffer 306 Third Street 949/497-2585 County Water District Laguna Beach, CA 92651 Los Angeles County 3235 Lakewood Blvd. SheriffAero Bureau Capt. James DiGiovaana long Beach, CA 90848 562/421-2701 Arco Bureau Exhibit C as I i/03/04 -I- HB -261- Item 9. - 145 EXHIBIT C 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL AID USERS RESPONSE BL.E ADDRESS PHONE # ADMINISTRATOR Medix Ambulance Michael Dimas 26021 Pala Drive 949/470-8921 Mission Viejo, CA 92691 Mercy Air Aaron Oshima P.O. Box 2532 909/841-2882 Fontana, CA 92334 Naval Weapons Station Larry Bach Fire Division Code N23 Seal Beach Blvd. 562/626-7005 Fig Department Seal Beach, CA 90740-5000 Seal Northrop Grumman Fire Sam Luque 33000 Avenida Pico 949/361-7011 Department San Clemente, CA92673 Saddleback College Chief Harry Farmer 28000 Marguerite Parkway 949/582-4585 Police Department Mission Viejo, CA 92692 Sanitation District of Howard Lembke 10844 Ellis Ave. 714/593-?270 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 897 959/695-0258 Service Poway, CA 92074 University of California, Lt Jeff Hutchinson 150 Public Services Building 449/824-1140 Irvine Police Department Irvine, CA 92b97�3900 Exhibit C as 1 It03/04 .2. Item 9. - 146 HB -262- F*3101latlul 800 MHz COUNTYWIDE, COORDINATED COMMUNICATIONS SYSTEM PAR'TICIPA'TING AGENCIES AGENCY RESPONSIBLE ADAIMS'TRA'T®R ADDRESS PHONE # Exhibit D as 11/03/04 -1- HB -263- Item 9. - 147 ORANGE COUNTY P. 0. Box 57115, Irvine, CA 92619-7115 FIWE" AUTHORITYr ®1 Fire Authority Road, Irvine, CA 92602-6125 Chip Prather, Fire Chief (714) 573-6000 www.ocfa.org i � iris s/Q 8 0' N Rio, - , May 2, 2005 1/0 rn -, 7 City of Huntington Beach v Joan Flynn, City Clerk 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Flynn: For your records, enclosed is a fully executed copy of the Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System. Sincerely, Lydia Slivkoff Assistant Clerk of the Authority Attachment Serving the Cities of: Aliso Viejo - Buena Park - Cypress - Dana Point - Irvine - Laguna Hills - Laguna Niguel - Laguna Woods - Lake Forest - La Palma Los Alamitos - Mission Viejo - Placentia - Rancho Santa Margarita -San Clemente - San Juan Capistrano - Seal Beach - Stanton - Tustin - Villa Park Westminster - Yorba Linda - and Unincorporated Areas of Orange County Item 9. - 148 x 26 RESIDENTIAL, SPRINKLER,;_.-KE DETECTORS SAVE LIVES r—. s Je OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIU ` REDEVELOPMENT AGENCY OF THE CITY OF H[JNTINGTON BEACH tQ � TO: 66 ATTENTION: Alger ems Name . / RE &-!(.17y�P&zDEPARTMENT: street ��- y'(, REGARDING: ity, state, zip &00 �%�ar4�2T� L{acc�rfcd�Z►cC�,�u�rc�o. DATE: CITY OF HUNTINGTON BEACH 2000 AMAIN STREET See Attached Action Agenda Item Date of Approval 3 2/ t CALIFORNIA 92648 Enclosed For Your Records Is An Executed Copy Of.The Above Referenced Agenda Item. City Clerk Attachments: Action Agenda Page CC: A .i4'/�It Name Name Name g:lfoflowupAetterslcoverltrdoc 1AJA6 Z Z ✓ bepartrnent RCA Ape—ent insurance Other Nam, s -r. v- 4- Department RCA Agreement h;.ce Other Department RCA Agreement Insurance Other Department RCA Agreement Insurance Other Department RCA Insurance IT' HB -265- 336-52VI Item 9. - 149 OF HUNTINGTON t' 1S E4CH MEETING DATE:' 3/9/2005 DEPARTMENT ID NUMBER: IS 05-004 CITY OF HUNTINGTON BEACH Council/Agency Meeting Held: 0 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied C' erk' igna r Council Meeting Date: 3/21/2005 Department ID Number: IS 05-004 REQUEST FOR CITY COUNCIL ACTION G; SUBMITTED TO: HONORABLE MAYOR AND CITY UN IL MEMBERS -j- SUBMITTED BY: PEN ELO E CUL ETH-GRAFT, CI ADMINISTRATOR PREPARED BY: Behzad Zamanian, Acting Information Services Director o r� SUBJECT: Joint Agreement for Countywide 800 MHz Voice Radio System Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: In February 1996 the Orange County Board of Supervisors approved a Joint Agreement for implementation and operation of the Orange County 800 Megahertz Countywide Coordinated Communications System (800 MHz CCCS). During the past several months, the Governance Committee has directed its efforts to the full rewrite of the agreement which is attached for the City Council's consideration. Funding Source: There is no new funding obligation by approving this agreement; however, the financial obligation this year for Huntington Beach's share of the 800 MHz CCCS backbone cost is $232,209, which has been approved by Council and budgeted in Account 10042155.67740. Recommended Action: Approve and execute the Joint Agreement for the Operation, Maintenance and Financial Management of the 800 MHz CCCS dated November 2004, and authorize the Mayor and City Clerk to execute two copies of the Joint Agreement, one for the County Clerk and one original for the City Clerk's records. Alternative Action(s): There is no practicable alternative action. Analysis: Prior to the implementation of this system, the various agencies in the county communicated on assigned UHF radio frequencies. These frequencies were not encrypted. The available frequencies were scarce and many had to be shared by other agencies. Agencies could not communicate with other users outside their agency and users on special assignments that took them outside their jurisdictions could not communicate back to their agencies. The old system was over twenty -years old and obsolete and maintenance support was no longer available. In short, the old system had to be replaced. RCA Author: Jim Moore-) -1- 3/9/2005 Item 9. - 150 HB -266- CITY OF HUNTINGTON BEACH MEETING DATE: 3/9/2005 DEPARTMENT ID NUMBER: IS 05-004 To address these problems, with the County as lead agency, all Orange County agencies participated in a county -wide project to upgrade and replace the communication system at a cost of approximately $80 million. Motorola was the vendor selected. It is a highly complex system designed to handle over 16,000 radios with only 68 frequencies. To make it work, an equally complex radio infrastructure of radio transmitters and receivers had to be installed in twenty-two locations throughout the county, all controlled by a central station at Loma Ridge. The technical term for this Motorola infrastructure is SmartNet but is referred to as the "backbone" in this agreement. The cost -sharing discussed in this agreement is to pay for the on -going maintenance of the backbone. On February 6, 1996, the Orange County Board of Supervisors approved the original Joint Agreement for the implementation and operation of the Orange County 800 Megahertz Countywide Coordinated Communications System (800 MHz CCCS). This agreement addressed City/County partnership responsibilities and financial obligations for the implementation of the 800 MHz CCCS in Orange County. It was executed by the then-31 cities and the Orange County Fire Authority. This agreement was amended by the Board of Supervisors on June 24, 2003, to include the backbone cost -sharing agreement negotiated by the County, 34 cities and the Orange County Fire Authority. Each of the 34 cities and the Orange County Fire Authority executed the amendment. The initial annual cost that began last year for Huntington Beach's pro-rata share of the system was $212,373. However, per the terms of the agreement the aggregate percentage amount that the cities must pay increases in the subsequent two years. It began at 49% last year but increases to 54.4% this year ($232,209) and 59.82% next year (amount to be determined based upon radio count). The percentage does not increase after the third year. The purpose for this three -tiered increase was to help the cash -strapped cities bear the fully loaded financial burden over time. A Governance Committee of seven individuals was formed to plan this project. It is comprised of the City Managers from Costa Mesa, Lake Forest, Tustin, Santa Ana and from the County: the Sheriff, Deputy CEO from the County Executive Office and the Director for the Resources and Development Management Department. During the past several months, the committee has directed its efforts to the full rewrite of the 800 MHz Joint Agreement. The original Joint Agreement addressed the initial system implementation. This updated Joint Agreement addresses the ongoing partnership responsibilities for the operation, maintenance and financial management of the 800 MHz system, including the backbone cost -sharing amendment. The overall agreement reflects the input of the Orange County City Managers' Association, the Orange County Chiefs' of Police and Sheriff's Association, and the Orange County Fire Chiefs' Association. The Orange County City Managers' Association formally approved the revised 800 MHz Joint Agreement at its October, 2004 meeting. In keeping with the history of this project, the updated agreement reflects a partnership effort on behalf of the public safety community in Orange County. Each city executed the 800 MHz Joint Agreement in early 1996 and the Amendment to the Joint Agreement in 2003. RCA Author: Jim Moore -2- 3/9/2005 HB -267- Item 9. - 151 CITY OF HUNTINGTON BEACH MEETING ®ATE: 3/9/2005 DEPARTMENT I® NUMBER: IS 05-004 All 34 cities and the Orange County Fire Authority are now being asked to approve the revised Joint Agreement for the Operation, Maintenance and Financial Management of. the 800 MHz CCCS, which addresses post -implementation issues. Attachment 1 provides the final version of the updated agreement for adoption. Attachment 2 includes the strike -out version of the agreement and an April 15, 2004 cover letter from the Orange County Sheriff -Coroner's Office summarizing the rewritten text. Basically, the revisions eliminate the obsolete provisions related to the implementation phase which has been completed. Other changes are non -substantive. There is no fiscal impact to the City by these changes. Environmental Status: Not applicable. Attachment(s): 1. Revised 800MHz CCCS Joint Agreement dated November, 2004 2. Original Joint Agreement dated January 30, 1996 showing modifications and cover letter from the Count RCA Author: Jim Moore -3- 3/9/2005 Item 9. - 152 xB -268- HB -269- Item 9. - 153 JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE, AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM NOVEMBER 2004 Joint Agreement Nov232004 Final Item 9. - 154 HB -270- TABLE OF CONTENTS 1. SYSTEM...............................................................................................................................I 2. DEFINITION OF TERMS....................................................................................................2 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM ............................3 4. OPERATIONAL POLICIES — FIRE SUBSYSTEM...........................................................3 5. OPERATIONAL POLICIES — LIFEGUARD SUBSYSTEM............................................4 6. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEM............................::........4 7. OPERATIONAL POLICY....................................................................................................4 8. OPERATIONAL POLICY REVIEW...................................................................................6 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 I 15. SYSTEM MODIFICATIONS AND COST SHARING ..................................................... I I 16. ADDITIONAL PARTICIPATING AGENCIES/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 HB -271- Item 9. - 155 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 Sheriff's Association [OCCOPSA], 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 to public entities. RECITALS: 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)/Communications Division as the "Lead Agency" in maintaining and enhancing the System. Joint Agreement Nov232004 Final Page 1 Item 9. - 156 HB -272- 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 Attorney'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 Agreement Nov232004 Final Page 2 HB -273- Item 9. - 157 "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. 3. 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 responsibility 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 Item 9. - 158 HB -274- Committee and ratified where appropriate by the OCFCA, in accordance with the terms and conditions of this Agreement. 5. OPEIBATIONAL 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. b. 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 Lave 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 xs -275- Item 9. - 159 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 OCSD/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 Item 9. - 160 Hs -276- 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 interoperability 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 MHz 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 HB -277- Item 9. - 161 Orange County Mutual Aid flan 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 MHz channels must give back licenses on existing system frequencies. These "give - up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. 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 thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when 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. Joint Agreement Nov232004 Final Page 7 Item 9. - 162 HB -278- Any city that does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use another city's "give -up" 460 MHz GREEN channel in a cellular re -use pattern. 11.0 SYSTEM TECHNICAL MANAGEMENT Proper operation of a modern, bunked, multi -channel communications System requires centralized technical coordination. OCSD/Communications Division has established a 24-hour System Watch at Loma Ridge to assure seamless operation of this complex system. The infi-astructure 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 Lost/Stolen/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 HB -279- Item 9. - 163 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 Item 9. - 164 HB -280- 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 terns, conditions, and costs for entry shall be included in a separate agreement as established by the Governance Committee. The Governance 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 HB -281- Item 9. - 165 + OCSD/Communications shall obtain the approval of the Governance Committee to determine the appropriate additional terms, 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 System 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 sharing 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 11 Item 9. - 166 HB -282- 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/Percentage 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: 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 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 HB -283- Item 9. - 167 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 Item 9. - 168 HB -284- 15.5 New Site Development and Infrastructure Fund The County will place the approximately $4.1 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 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. 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. o 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 HB -285- Item 9. - 169 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 BudgetfYear-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 (15L) 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 fees for this account will be 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 Item 9. - 170 HB -286- 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 be added to the system with approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. (Refer to Section 13.1.) The System must adhere to FCC minimum 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 KB -287- Item 9. - 171 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 regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. 16.3 Adding Non-City/Non-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 design 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 Item 9. - 172 HB -288- 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 granted 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 sponsoring 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 "Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement which acts or omissions constitute gross negligence. 18. GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz 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 HB -289- Item 9. - 173 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. 19. AGREEMENT AMENDMENT PROCESS This Agreement may be amended or modified by consent of all of the Governing Authorities representing the Parties. 20. 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 Participating 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 Item 9. - 174 FIB -290- 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 Agreement Nov232004 Final Page 20 HB -291- Item 9. - 175 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 B Y. Board of Supervisors Dated: ®i3 'y Lj Approved As to Form: County Counsel CITY OF: Huntincrton Beach ATTEST: ORANGE COUNTY FIRE AUTHORITY By: L':6 C' -A�' Chairman Dated: y la 8/ys' ATTEST: erk or the Authority APPROVED AS TO FORM: By A horny Counsel Dated: ''2--�' O SIGNED AND CERTIFIED THAT A COPY OF THIS p UHE C IR S OF iH DELIVEREDATO ATTEST' f •' DARLEN J. BLOOM I CLERK ORANGE COUNTHE TY, CALIARD IFFORNIA SUPERVISORS Approved As to Form: City Attorney C 0 Joint Agreement Nov232004 Final Item 9. - 176 HB -292- EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT CITY RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR Aliso Viejo City Manager 12 Journey, Suite 100 949/425-2512 Aliso Viejo, CA 92656-5335 Anaheim City Manager 200 S. Anaheim Blvd. 714/765-5162 Anaheim, CA 92805 Brea City Manager 1 Civic Center Circle Brea, CA 92821-5732 714/990-7770 Buena Park City Manager 6650 Beach Blvd. Buena Park, CA 90620 714/562-3550 Costa Mesa City Manager 77 Fair Drive Costa Mesa, CA 92626 714/754-5328 Cypress City Manager 5275 Orange Avenue Cypress, CA 90630 714/229-6688 Dana Point City Manager 33282 Golden Lantern, Suite 203 949/248-3513 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater Avenue Fountain Valley, CA 92708 714/593-4410 Fullerton City Manager 303 W. Commonwealth Ave Fullerton, CA 92832 714/738-6310 Garden Grove City Manager 11222 Acacia Parkway Garden Grove, CA 92840 714/741-5100 Huntington Beach City Administrator 2000 Main Street Huntington Beach, CA 92648 714/536-5575 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. La Habra, CA 90633 562/905-9701 La Palma City Manager 7822 Walker Street La Palma, CA 90623 714/690-3333 Laguna Beach City Manager 505 Forest Avenue Laguna Beach, CA 92651 949/497-0704 Laguna Hills City Manager 24035 El Toro Road Laguna Hills, CA 92653 949/707-2610 Laguna Niguel City Manager 27801 La Paz Road Laguna Niguel, CA 92677 949/362-4300 Laguna Woods City Manager 24264 El Toro Road Laguna Woods, CA 92653 949/639-0525 Lake Forest City Manager 25550 Commercentre Drive Lake Forest, CA 92630 949f461-3410 3191 Katella Avenue 562/431-3538 Los Alamitos City Manager Los Alamitos, CA 90720 ext. 201 Mission Viejo City Manager 200 Civic Center Mission Viejo, CA 92691 949/470-3051 Exhibit A as 11/03/04 -1- HB -293- Item 9. - 177 EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT CITY RESPONSIBLE ADDRESS PRONE # ADMINISTRATOR Newport Beach City Manager 3300 Newport Blvd. Newport Beach, CA 92663-3884 949/644-3000 Orange City Manager 300 East Chapman Ave. 714/744-2222 Orange, CA 92866 Placentia City Administrator 401 East Chapman Ave714/993-8117 Placentia, CA 92870 22112 El Paseo 949/635-1800 Rancho Santa Margarita City Manager Rancho Santa Margarita, CA 92688 ext. 210 San Clemente City Manager 100 Avenida Presidio San Clemente, CA 92672 949/361-8322 San Juan Capistrano City Administrator 32400 Paseo AdelantoSan Juan Capistrano, CA 92675 9491443-b317 Santa Ana City Manager 20 Civic Center Plaza Santa Ana, CA 92701 7141647-5200 211 8th Street 562/431-2527 Seal Beach City Manager 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 Way714/573-3010 Tustin,CA 92780 Villa Park City Manager 17855 Santiago Blvd. Villa Park, CA 92861 714/998-1500 8200 Westminster Blvd. 714/898-3311 Westminster City Manager Westminster, CA 92683 ext. 402 4845 Casa Loma Avenue Yorba Linda City Manager P. 0. Box 87014 714/961-7110 Yorba Linda, CA 92886 West Cities Communications Center West -Comm 911 Seal Beach Blvd. 562/594-7243 Administrator Seal Beach, CA 90740 (West -Comm Exhibit A as 11/03/04 -2- Item 9. - 178 HB -294- EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COIVIMUNICA'TIONS SYSTEM PARTIES TO AGREEMENT COUNTY RESPONSIBLE AGENCY/ ADDRESS PRONE # ADMINISTRATOR DEPARTMENT 401 Civic Center Drive West District Attorney District Attorney P. 0. Box 808 714/834-3636 Santa Ana, CA 92702 405 W. 5a Street, Health Care Agency Director CA 9270i Santa Ana 714/834-6254 Integrated Waste Director 320 N. Flower St., Suite 400 714/8344122 Management Department Santa Ana, CA 92703 John Wayne Airport Airport Director _ 3160 Airway Avenue 949/252-5183 Costa Mesa, CA 92626-4608 Probation Department Chief Probation Officer 1535 E. Orangewood Avenue 714/937-4701 Ana Anaheim, CA 92705 Resources & Development Director 300 N. Flower Street 714/$34-4643 Management Department Santa Ana, CA 92703-5000 550 N. Flower. St. Sheriff -Coroner Sheriff -Coroner P. 0. Box 449 714/647-1$00 Department Santa Ana, CA 92703 FIRE SERVICES RESPONSIBLE ADMINISTRATOR ADDRESS PRONE # Orange County Fire Fire Chief I Fire Authority Road 714/573-6010 Authority Irvine, CA 92602 Metro Net Fire Dispatch Communications 201 So. Anaheim Blvd., Suite 302 714/765-4077 Center Manager Anaheim, CA 92805 Exhibit A as 11/03/04 -3- HB -295- Item 9. - 179 EXHIBIT B CITY USERS LAW PUBLIC WORKS LIFEGUARD FIRE ALISO VIEJO SHERIFF OCFA ANAHEIM X X X BREA i X I X I X BUENA PARK X X OCFA COSTA MESA ! X ! X X CYPRESS X X OCFA DANA POINT SHERIFF X OCFA FOUNTAIN VALLEY j X I X X FULLERTON X X X GARDEN GROVE I X i X X HUNTINGTON BEACH X I X X I X IRVINE + X X j OCFA LA HABRA X X I X LA PALMA X X ; OCFA LAGUNA BEACH X X I X X LAGUNA HILLS SHERIFF X i OCFA LAGUNA NIGUEL SHERIFF I X i OCFA LAGUNA WOODS SHERIFF i OCFA LAKE FOREST SHERIFF I OCFA LOS ALAMITOS I X i X OCFA MISSION VIEJO i SHERIFF X j OCFA NEWPORT BEACH X I X i X X ORANGE X X X PLACENTIA X I X OCFA RANCHO SANTA MARGARITA SHERIFF ? OCFA SAN CLEMENTE SHERIFF X X OCFA SAN JUAN CAPISTRANO i SHERIFF i X OCFA SANTA ANA X X i X SEAL BEACH X X X OCFA STANTON SHERIFF ! X j OCFA TUSTIN X I X ; OCFA VILLA PARK + SHERIFF j X OCFA WESTMINSTER i X X + OCFA YORBA LINDA BREA X OCFA WEST-COMM X I METRONET i ; X COUNTY USERS LAW PUBLIC WORKS LIFEGUARD FIRE DISTRICT ATTORNEY X HCA i ! X IWMD 1 X JOHN WAYNE AIRPORT X X PROBATION X RDMD X X SHERIFF -CORONER X OCFA X Exhibit B jh 11/03/04 Item 9. - 180 HB -296- EXHIBIT B MUTUAL AID USERS LAW PUBLIC WORKS LIFEGUARD FIRE AFRC FIRE DEPARTMENT i X AMR AMBULANCE f ' X BOEING FIRE DEPARTMENT ; X CALIFORNIA HIGHWAY PATROL ? X 1 CALIFORNIA STATE PARKS X CALIFORNIA STATE UNIVERSITY FULLERTON POLICE X i CAMP PENDLETON FIRE DEPARTMENT i I X CARE AMBULANCE ! X CDF RIVERSIDE F E DEPARTMENT ' X CORONA FIRE DEPARTMENT i ': X DISNEYLAND FIRE DEPARTMENT X DOCTOR'S AMBULANCE X EMERGENCY AMBULANCE X FBI X ; HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT PD! X i LA HABRA HEIGHTS FIRE DEPARTMENT i X LAGUNA BEACH COUNTY WATER DISTRICT ! 1 X LOS ANGELES COUNTY SHERIFF AERO BUREAU i X ? MEDIC AMBULANCE ? X MERCY AIR ! i i X NAVAL WEAPONS STATION FIRE DEPARTMENT ! ? X NORTHROP GRUMMAN FIRE DEPARTMENT X SADDLEBACK COLLEGE POLICE DEPARTMENT X i SANITATION DISTRICT OF ORANGE COUNTY X I j SCHAEFER AMBULANCE X UNITED STATES FOREST SERVICE i ! X UNIVERSITY OF CALIFORNIA IRVINE POLICE X Exhibit a in i 1ro3aa HB -297- Item 9. - 181 EXHIBIT C 800 MHz COUN'I'1'WIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL. AID. USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR AFRC Fire Department Tom McKinnon 4250 Constitution Los Alamitos, CA 90720 562/795-2144 AMR Ambulance Ernie Chavez 10662 Stanford Ave. 714/638-6200 Garden Grove, CA 92840 Boeing Fire Department Scott Bolton 2600 Westminster Blvd. 562/797-3198 Seal Beach, CA 90740 California Highway Patrol Bob Fablee 3865-A W. Commonwealth Ave. 714/449-7091 Helicopters Fullerton, CA 92833 California State Parks Ken Kramer 8471 North Coast Highway 949/497-1582 Laguna Beach, CA 92651 California State University P.O. Box 6806 Fullerton Police and Fire Sgt. Bob Baker Fullerton, CA 92834-6806 714/278-2904 Departments Camp Pendleton Chief Timothy Hoover PO Box 555211 7601725 4321 Fire Department Camp Pendleton, CA 92055 Care Ambulance Rick Richardson 8932 Katella Ave., Suite 201 714/828-7750 Anaheim, CA 92804 CDF Riverside Chief Mike Burton 210 W. San Jacinto Ave 951/940-6900 Fire Department Perris, CA 92570 Corona Fire Department Deputy Chief Marcus 815 W. 6t' Street 909/736-2220 Billington Corona, CA 92882 Disneyland Fire Lon Cahill 1313 S. Harbor Blvd. 714/781-4666 Department Anaheim, CA 92803-3232 23091 Terra Drive 949/951-8535 Doctor's Ambulance Jim Ignacio Laguna Hills, CA 92653 ext. 206 Emergency Ambulance Jim Karras 3200 East Birch #A 714/990-1742 Brea, CA 92821 FBI Dan Koch I 1000 Wilshire Blvd., Ste. 1700 310/996-3720 Los Angeles, CA 90024 Huntington Beach Union Scott Atkinson 1025I Yorktown Ave. 714/536-7521 High School District Police Huntington Beach, CA 92646-2999 La Habra Heights Fire John Nielsen 1245 N. Hacienda Road 562/694-8283 Department La Habra Heights, CA 90631 Laguna Beach Dennis Hoffer 306 Third Street 949/497.2585 County Water District Laguna Beach, CA 92651 Los Angeles County 3235 Lakewood Blvd. Sheriff Aero, Bureau Capt. James DiGiovanna Long Beach, CA 90808 562/421-2701 Areo Bureau Exhibit C as 11 /03/04 -1- Item 9. - 182 HB -298- EXHIBIT C 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL A]® USERS RESPONSIBLE ADDRESS PHONE # AIDMINISTVATOR Medix Ambulance Michael Dimas 26021 Pala Drive949/470-8921 Mission Viejo, CA 92691 Mercy Air Aaron Oshima 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 Chief Harry Parmer 28000 Marguerite Parkway 949/582-4585 Police Department Mission Viejo, CA 92692 Sanitation District of Howard 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-I 140 Irvine Police Department Irvine, CA 92697-4900 Exhibit C as 11/03/04 -2- HB -299- Item 9. - 183 EXHIBIT ID 800 MHz COUNI`YWIDE COORDINATED COMMUNICATIONS SYSTEM PAR'TICIPA'TING AGENCIES AGENCY RESPONSIBLE ADMINISTRATOR ADDRESS PHONE ## Exhibit D as 11/03/04 -l- Item 9. - 184 HB -300- Al- HB -301- Item 9. - 185 840 N. ECKHOFF STREET SUITE 104 ORANGE, CA 92868-1021 (714) 704-7900 FAX (714) 704-7902 April 15, 2004 To: From: Subject: ERIFF-CORONER DEPARTMEP COUNTY OF ORANGE CALIFORNIA MICHAEL S. CARONA SHERIFF -CORONER COMMUNICATIONS ASSISTANT SHERIFFS JO ANN GALISKY DON HAIDL KIM MARKUSON DOUG STORM 800 MHz Governance Committee Members Susan. Markey, Administrative Manager, OCSD/Communications Rewrite of 800 MHz CCCS Joint Agreement The 800 MHz CCCS Backbone Cost-Sharing/Joint Agreement Subcommittee held a final meeting on April 8th to review a final draft of the 800 MHz Joint Agreement Amendment in revision mode. Several changes were made and are reflected in the attached draft. The black reflects original wording of the Joint Agreement that remains unchanged. The red highlighting reflects changes that were distributed to the law, fire, public works and lifeguard communities for comment in November 2003. The blue highlighting reflects proposed changes since that date. I have also included a clean copy of the final draft agreement so that you can view the new document as now proposed. The attached draft in revision mode reflects a number of assumptions that have been highlighted in blue as follows: 1. Key definitions are reflected as follows: a. Governing Authorities: The Governing Authorities include the governing bodies for the original partners to the system, including the County of Orange, the 34 cities, and the Orange County Fire Authority. b. Partner Agencies: The Partner Agencies include those law enforcement, fire services, lifeguard, paramedic and public works operations that are governed by the Governing Authorities. c. Participating Agencies: Participating agencies are those agencies that have joined the 800 MHz CCCS for everyday use since its original inception, do not have a role in defining its operation, and are paying to join the system based on a predefined allocation. (To date, none has joined.) PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES. Item 9. — 1Q VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA - iUNA WOODS • LAKE FOREST • MISSION VIEJO e ' 1 v� RANCHO SANTA MARGARITA • SAN CLEMENTE HB —J02 ;APISTRANO • STANTON - VILLA PARK Rewrite of 800 MHz C S Joint Agreement April 15, 2004 Page 2 d. Mutual Aid Providers: Mutual aid providers are defined as any governmental or private organizations, not otherwise defined in this Agreement, that have a legitimate Mutual Aid operational requirement with another Partner or Participating Agency. 2. Language has been introduced on the following issues: a. The cost considerations and channel loading requirements for new Participating Agencies to join the system (Section 13.1). b. Further definition on emergency radios in Section 16.2. c. The funding sequence for payment of future system and infrastructure upgrades (Section 16.5). d. The proposed inclusion of radio site construction and infrastructure for new housing developments as part of Mello -Roos costs (Section 16.5). e. The introduction of an independent audit at the end of each fiscal year for backbone cost -sharing expenses. Based on the Subcommittee meeting on March 4, this cost has now been included in backbone cost -sharing expenses (Section 16.93). f. The retention of City/OCFA/County infrastructure contributions in either a County account or the escrow account (Section 16.9.c.). g. The reference to funding of future major replacements/upgrades (Section 16.12). h. Proposed change requested by Newport Beach in Section 18. (This requires further County review.) Exhibits A, B, C and D have also been updated. If you have any questions, I can be reached at (714) 704-7907. Thank you in advance for your review of this lengthy document. Attachment cc: Joe Robben, Director, OCSD/Communications Division Norma Roberts, Staff Analyst, OCSD/Communications Division Robert Stoffel, Emergency Communications Coordinator, OCSD/Communications Jennifer Phillips, Assistant to the City Manager, City of Fullerton HB -303- Item 9. - 187 JOINT AGREEMENT FOR THE PAPT -CA/MN OPERATION,AND FINANCIAL MANAGEMENT OF THE 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM Item 9. - 188 HB -304- TABLE OF CONTENTS REVISE WHEN JOINT AGREEMENT HAS BEEN FINALIZED. 1. SYSTEM...............................................................................................................................1 2. DEFINITION OF TERMS.................................................................................................... I 3. OPERATIONAL POLICIES - LAW ENFORCEMENT SUBSYSTEMS ..........................3 4. OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEMS....................................3 5. OPERATIONAL POLICIES - FIRE SUBSYSTEMS.........................................................4 6. OPERATIONAL POLICY....................................................................................................5 7. OPERATIONAL POLICY REVIEW...................................................................................6 8. MUTUAL AID......................................................................................................................6 9. RELINQUISHING EXISTING OPERATING CHANNELS..............................................8 10. SYSTEM TECHNICAL MANAGEMENT..........................................................................8 11. SYSTEM MODIFICATION COST APPROVALS...........................................................10 12. CONTRACTS.....................................................................................................................10 13. FUNDING...........................................................................................................................11 14. EQUIPMENT FACILITIES AND STRUCTURES...........................................................12 15. SYSTEM MODIFICATIONS AND COST SHARING.....................................................13 16. ADDITIONAL PARTICIPATING AGENCIES/USERS OR CONSOLIDATION OF PARTICIPATING AGENCIES....................................................................................14 17. LIABILITY.........................................................................................................................16 18. GOVERNANCE COMMITTEE.........................................................................................16 19. AGREEMENT AMENDMENT PROCESS.......................................................................17 20. AGREEMENT DATE.........................................................................................................17 JOINTAGREEMENT2003 Page i 4/15/04 H13 -305- Item 9. - 189 JOINT AGREEMENT FOR THE ➢ARP➢ EA,�ENT ��➢'➢D OPERATION, MAINTENANCE AND FINANCIAL. rn�c�c--mar-rre-�crr�-zra-avrr �v MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This Agreement is entered into on Aar-2�rT� , 2004 by and between the Parties listed on Exhibit "A" which is attached hereto and incorporated herein. (Exhibit A will need be has been updated to include Aliso Viejo, Laguna Woods, and Rancho Santa Margarita. pafamedi- hospitals, etc-.) Exhibit B has been updated and includes the Partner Agencies and Mutual Aid Agencies currently operating on the system and Mutual Aid Operations on the system. Exhibit C has been added and includes the current list of Mutual Aid operations on the system, including base hospitals, ambulance companies, paramedic receiving hospitals, etc., and will be updated as the appropriate body (Orange County Chiefs of Police and Sheriffs Association, Orange County Fire Chiefs' Association, Orange County Public Works Committee, or Orange County Lifeguard Committee) authorizes any additional mutual aid operations for inclusion. Exhibit D includes 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 CCC-S are limited to public entities. WITNESSETH: Whereas, the initial installation and implementation of Ceer-dinated Law Enfer-eefnent'Publie Wer4scFir-e Radio Gefamunieations System, to be known as the 800 MHz Countywide Coordinated Communications System (800 MHz CCCS, }s desire; has been completed, And Whereas, the Parties to the Agreement want to define operational, technical and financial guidelines going forward, Now, Therefore, in consideration of the mutual covenants, conditions, agreements and stipulations hereinafter expressed, the Parties hereby agree as follows: 1. SYSTEM The 800 MHz CCCS, hereinafter referred to as System, shall be 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 and appropriate change orders. The Parties hereby designate Ce e G&A Orange County Sheriff - Coroner Department (OCSD)/Communications Division as the "Lead Agency" in operating, maintaining and enhancing the System. JointAgreement2004RevisionFormat 4/15/2004 Item 9. - 190 HB -306- Page 1 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 Pei4ieipatifig 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 Patqieipating Partner Agencies, responsible for approving cost modifications. Exhibit "A" provides a list of City, County, and Orange County Fire Authority administrators representing these bodies. (Hew de Ed t' , 7 h l.d they J n' lr -.a . t 1bee neeessafy s the intent .. f t J "Law Enforcement Agency" is defined as all governmental Law Enforcement Agencies operating primarily within the limits of Orange County, as follows: Orange County Sheriff's Department, Orange County City Police Departments, Orange County -M -'shays PepaFtmen , Orange County District Attorney's Office, and Orange County Probation Department. , GSPblGen}fflunieatiens, HGA/Ani lGentr-al; and John Wayne ifpeA are (Note: The Communications Division is covered under Sheriff, Animal Control is a Public Works function, and, the law enforcement component of JWA is provided by Sheriff. JWA Authority is a public works function.) "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. or- User- Systef:n. 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 Pai4ieipafifig Partner Agencies who operate a joint dispatch center, or a combination of radio dispatch talkgroups used by a fixed group of Paftieipating Partner Agencies. "New City" is defined as a city incorporated after the effective date of this Agreement. JointAgreement2004RevisionFormat 4/15/2004 Page 2 HB -307- Item 9. - 191 "Non-City/Non-County User" is defined as a special district, water district, sanitation district, or similar governmental or quasi -governmental agency. These are net Participating Agencies.ID "Participating Agency" is any agency that has joined the 800 MHz CCCS for everyday use since its original inception, but does not have a role in defining its operation and is paying to join the system based on a predefined allocation. "Paftieipati-rig Partner Agencies" are those agencies identified in Exhibit `B" that wi44 are be operating on the 800 MHz System. (The original Joint Agreement Exhibit B is at4aehed but will need has been updated to reflect new City operations added to the 800 MHz CCCS.) Revisit definition 4 "Paf4is;natifis Ageneies". Should 914P. Santa Ana lJnified Scheel PistFi_.,- State Par-ole "Parties" are defined as the County of Orange, incorporated cities in the County of Orange, and Orange County Fire Authority, which are listed in Exhibit "A." (As fieted eaflief, hew de we A,ant te address ficitefe ageneies that join the system "Public Works Agency" is defined as, and shall include, all County or City departments, 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, aftd County agencies including D blie ram ilk afld Resetifees Depai4fnefit 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. rThefe are „blie , nrvr fiffie6 _s "Subsystem" is defined as one of tree 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. The Governance Committee must assure operational integration of all tree four systems. "System Backbone" is defined as those portions of the System Backbone that provide the means by which dispatch centers and mobile radios communicate with each other, and is composed of fflebile-rely radio infrastructure equipment, microwave equipment, and associated control equipment. date J oi ntAgreem ent2004 Revision Format 4/15/2004 Page 3 Item 9. - 192 HB -308- "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. 3. OPERA'TIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEMS (Robert Stoffel revised entire operational sections for consistency and accuracy.) • LW F". MT i IWAQ�A .. - M._ - _ r. - _ t 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. JointAgreement2004RevisionFormat 4/15/2004 Page 4 xB -309- Item 9. - 193 4. OPERATIONAL POLICIES — FIRE SUBSYSTEMS NZ Z Ile 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 responsibility 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 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 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. JointAgreement2004RevisionFormat 4/15/2004 Page 5 Item 9. - 194 HB -310- 6. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEMS . •. . . 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 647.1 Law Enforcement Subsystems r. _ r' JointAgreement2004RevisionFormat 4/15/2004 Page 6 1413 -311- Item 9. - 195 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 f6r decision. 647.2 Fire Subsystems 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 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 decision. 6:3 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 decision. _inintAnrPPmPnt2004RevisionFormat Item 9. - 196 4/15/2004 Page 7 HB -312- 6-:3 7.4 Public Works Subsystems 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 decision. 64 7.5 Standard Operating Procedures 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 OCS D/Communi cations and will be updated any time an approved change is made to this document. Section 11.3 of this Agreement addresses the security requirements of this system for Partner Agencies, Participating Agencies and Mutual Aid Agencies. 6.4 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. -7-.- 8. OPERATIONAL POLICY REVIEW Robert Stoffel has redrafted this section as follows: 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 any time policy is developed that crosses over into another Subsystem. Review is not required any time policy is developed that is specific to one Subsystem only. A thirty (30)-day review period prior to policy implementation shall ensure appropriate time for review. Exceptions can be made JointAgreement2004Rev ision Format 4/15/2004 Page 8 HB -313- Item 9. - 197 when the policy is of an emergency nature and immediate implementation is necessary for safety purposes. All emergency decisions 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 interoperability and compatibility. - - Io M.VVfflV5 17LULT 8—.9. MUTUAL AID S.49.1 Mutual Aid Policies and Procedures JointAgreement2004RevisionFormat 4/15/2004 Page 9 Item 9. - 198 H B -314- 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 following Mutual Aid Plans. 8-.2 9.2 Mutual Aid Plans The following Mutual Aid s Plans shall establish Mutual Aid operational procedures for all Participating Agencies. Orange County Mutual Aid Implementation Plan for the Use of the 800 MHz 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. Any proposed modifications to the plan must be reviewed and approved by the Governance Committee, if needed, prior to submission to the State. Orange County Mutual Aid Plan for the Use of the 800 MHz Local Mutual Aid Channels The plan will b was prepared by the Orange Geenty, GSA OCSD/Communications Division and ghefiWs Emefgeaey Managem with the approval of the Partner and Participating Agencies, based upon approval by the OCCOPSA, OCFCA, nur-.,�PG OCPWC and OCLC, as appropriate. 83 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 i es be pfedefined and talkgr-eups established subject to approval of the OCCOPSA and the OCFCA as it affects their respective communications. s��seeFri_ JointAgreement2004 Revision Format 4/15/2004 Page 10 Hs -315- Item 9. - 199 9: 10.0 RELINQUISHING EXISTING OPERATING CHANNELS Note: This section is still a requirement. The Santa Ana Public Works and Anaheim Public Utilities Department channels have yet to be transitioned. At a minimum, the cities of San Clemente, Seal Beach and Mission Viejo have yet to fully transition their Public Works operations to the 800 MHz system (if at all). Should outside agencies join the 800 MHz CCCS, the give -up requirement would still stand on their 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 MHz channels must give back licenses on existing system frequencies. These "give - up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. 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 thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when 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. Any city that does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use another city's "give -up" 460 MHz GREEN channel in a cellular re -use pattern. as is gene euffently wit law enfier-eemefit GREEN ehanflels-. I& 11.0 SYSTEM TECHNICAL MANAGEMENT Proper operation of a modern, trunked, multi -channel communications System requires centralized technical coordination. The ...:_..._::. e matt. _ e f the__ systems Fequir-es that standards be established and adhered to figer-etisll-. 1--a-A-1, JointAgreement2004RevisionFormat 4/15/2004 Page 11 Item 9. - 200 HB -316- the ability ef all b OCSD/Communications 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. 4&4 11.1 Technical Liaison Committee The 800 MHz Technical Liaison Committee shall be is utilized to develop the technical operation policies and procedures of the System. This committee is composed of , Fire and Publie Works Geffifflittees identified in seeders 3, ^ and G and e nrbe edifiei__with thee- apprev I_ sworn, technical and operational personnel of County and City Law Enforcement, Fire, Lifeguard and Public Works operations involved in the 800 MHz CCCS. 44.4 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 b 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. ..... dated ,,. fy 27, 2000 Responsibilities include, but are not limited to, adhering to the Lost/Stolen/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. 44-.3-11.4 Approved Equipment The initial System implementation '••i'sist consisted of equipment supplied by the original system equipment vendor and `••�'vvlrifneci met the technical requirements of the System. The Teehnieal Liaisen '`ommi`fo-e OCSD/Communications shall compile a list of this approved equipment and make it available to all Participating Agencies. In the future, as newer equipment from jointAgreement2004RevisionFormat 4/15/2004 Page 12 HB -31 7_ Item 9. - 201 the original vendor or Effieth other vendors becomes available, the Teehnieal Liaison G,....r. late County 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. 444 11.5 Technical Standards and Equipment Evaluation The OCSD/Communications Division maintains engineering and technical staff whose task is to maintain, manage and operate existing ffluhi user- Baekbeee Systems. the 800 MHz CCCS. Technical management of the System shall continue to be the responsibility of th e OCSD/Communications Division. County technical staff shall evaluate new radio subscriber equipment for adherence to technical standards prior to ' results shall be previded to referring said equipment 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, �' and 0 FG 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. JointAgreement2004RevisionFormat 4/15/2004 Page 13 Item 9. - 202 1413 -318- 4-2. 13.0 424 13.1 Note: Any of these actions would likely be covered under the annual backbone cost -sharing review and allocation -setting process that would be approved by each Governing Party during the fiscal year budget process. However, it would likely be best to retain this section so shared cost obligations are addressed. 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. County Responsibilities County shall negotiate and enter into agreements or contracts with the various vendors as contemplated in this Agreement. County shall make payments due and payable under such agreements on behalf of Partner and Participating Agencies. Note: The following section needs to be made consistent with new Section 17.3 in terms of adding new users. and sheuld als be e. alua*ea in 'l iot of r-eee =t County shall negotiate and enter into agreements with new Participating Agencies Users 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 OC S D/Communi cations 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 Joi ntAgreem ent2004Revision Format 4/15/2004 Page 14 HB -319- Item 9. - 203 loading, an outside channel Ioading analysis may be pursued at the expense of the requesting Agency. • Additional terms, conditions, and costs for entry shall be included in ae a separate agreement as established by the Governance Committee. The Governance Committee is given said authority under this Agreement with the understanding that adequate fees will be charged as appropriate. Said add separate agreement shall address any direct or indirect compensation to Pai4ieipating Partner Agencies or -Users for System Backbone usage by new Participating Agency(s). er-13ser(s). ® County shall obtain the approval of the Governance Committee to determine the appropriate additional terms, conditions, and costs to be included in said addendum. ® Any such new Participating Agency(s) er- User(s) hereafter who shall desire to become a party to this Agreement may do so by executing a copy of this said separate Agreement and assenting and agreeing to all of the terms, conditions and buy in system entry and operational costs thereof. ® Compensation may take the form of improvement or modification of System or other contribution for the benefit of all Participating Partner Agencies. / Users. 43: 14. FUNDING 14.1 System Acquisition (Initial System Acquisition is completed so all sections are deleted.) Mnfo= P-M M V% M-16 "A," JointAgreement2004RevisionFormat 4/15/2004 Page 15 Item 9. - 204 1413 -320- Note: Backbone cost -sharing allocations will be approved within each city's fiscal year budget on an annual basis. (Cost allocations will be provided 90 to 120 days prior to the first of each fiscal year.) It is not recommended that fiscal year obligations be treated as an Exhibit that would require annual approval by Governing Authorities. -IBM ._ I M-- M-H _; -. - I4. 15. EQUIPMENT F'ACILI'TIES AND STRUCTURES Additional facilities, structures, and modifications Y'44 may be needed to implement the System, including System Backbone facilities and System Field Equipment facilities (e.g., dispatch centers). 44.4 15.1 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 jointAgreement2004RevisionFormat 4/15/2004 Page 16 HB -321- Item 9. - 205 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. 44-.2 15.2 Field Equipment Facilities Individual Partner and Participating Agencies shall, at 4s their sole lie ating Ageae� expense, expand or modify its existing Partner or Participating Agency structures, facilities, or dispatch centers as required to support the installation or enhancement of Partner or Participating Agency System Field Equipment. 4-5: 16. SYSTEM MODIFICATIONS AND COST SHARING (APPROVED BY BOARD OF SUPERVISORS ON JUNE 24, 2003 AND BY CITY COUNCILS AND OCFA) 4-5.4 16.1 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 Committee. System modifications recommended by County and agreed to by the Governance Committee will then be forwarded to Governing Authorities for approval, as appropriate, ` d in revised Sehe ul es "C" a " ," and implemented by County. Cost sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual Partner or Participating Agencies. 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 Partner or Participating Agencies in a manner agreeable to those Partner or Participating Agencies. The cost -sharing formula for future System modifications involving all Partner or Participating Agencies will be developed by the Governance Committee and agreed to by the Governing Authorities. Exhiaits "rya 4'D"-- aeee &4y. wlle. JointAgreement2004RevisionFormat 4/15/2004 Page 17 Item 9. - 206 HB -322- 16.2 Cost Sharing Beginning .duly 1, 2002 A. Effective Date/Percents eg 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 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 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 cost of the System Backbone in each applicable fiscal year. Nete- in 7 effier-gi7 JointAgreement2004RevisionFormat 411512004 Page 18 HB -323- Item 9. - 207 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 Agency, 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. 4§3 16.3 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. 4-5:4 16.4 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 16.2.A above. Said payments shall be made on a quarterly basis in advance within thirty days of billing. (Note: Consider adding 13.3 to this section.) 4-" 16.5 New Site Development and Infrastructure Fund The County will place the approximately $4.1 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 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 JointAgreement2004 Revision Format 4/15/2004 Page 19 Item 9. - 208 x8 -324- 16.6 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 City e f ri_",,. ef4 Beaeb is esti J �3.-Ig-that th.- Gevemanee Gefnfliittee in advanee of that date. The letter- fteffi Chief MeDefiell states that he believes it is impeftant that all invelved pai4ies have ene The Governance Committee Subcommittee determined not to change this language as these funds are strictly provided by the County.) TheEounty, Cities, -fange -orator—fiAuthor-it utho 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 funds contributed to the system entry fee from new Participating Agencies if any 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. County 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 to pay for design and construction costs for radio sites required to address outstanding coverage issues that remain from initial 800 MHz CCCS implementation. • County to evaluate the inclusion of radio site construction and infrastructure for new housing developments as part of Mello -Roos costs. 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. JointAgreement2004RevisionFormat 4/15/2004 Page 20 HB -325- Item 9. - 209 16.7 No Change to Governance Structure The Governance Committee structure set forth in Section 4-8 19 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 800 MHz System, is not changed by this Amendment. (This section would be deleted upon establishment of complete Joint Agreement revision.) 16.8 New Users of CCCS New users of the System shall be charged pursuant to the policy established by the Governance Committee under Section 4-6 13.1 of the 800 MHz `CCCS Joint Agreement. 4" 16.9 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 ei fies CWFA Partner or 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 g independent audit 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 shall be made known to the Partners on the 800 MHz CCCS. Thereafter, to the extent there have been contributions made by the eeenty, eaeh eity, thn Partner 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 (15L) 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. If the Governance Committee determines that these funds will be held in the third -party escrow account, the annual cost and fees for this account will be included as a backbone cost -sharing expense. As designated under the 800 MHz Escrow Agreement, unless otherwise J of ntAg reem e n t2004 Revision Format 4/15/2004 Page 21 Item 9. - 210 HB -326- modified, escrow account funds can only be spent for Motorola expenditures in support of system enhancements or infrastructure costs. D. '331 Failure to Pay (This section was moved.) Should any pat4ieipating ageney 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 defaults by Governing Authorities, and the County reserves the right to pursue any and all available rights and remedies at law or in equity. 15.10 16.10 800 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 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. 1541 16.11 Effective Date The effective date of this Amendment (original Section 15) to the 800 MHz CCCS Joint Agreement shall be July 1, 2003. (Revisit upon revision of full 800 MHz Joint Agreement). 16.12 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. JointAgreem ent2004Revision Format 4/15/2004 Page 22 HB -327- Item 9. - 211 4-6: 17. ADDITIONAL PARTICIPATING AGENCIES/-RS OR CONSOLIDATION OF PARTICIPATING AGENCIES Law Enforcement/Public Works/Fire/Lifeguard Agencies may be added to the system with approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. (Refer to Section 13.1.) The System must adhere to FCC minimum 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. 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. 464 17.1 Adding Participating Agencies: New Incorporated or Contract Cities Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to form their own departments. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to an independent city system similar to other cities. Any System Field Equipment or other costs associated with the transition of a New City or Contract City to the System shall be the responsibility of the city unless addressed in a separate agreement with County. 1" 17.2 Consolidation of Law Enforcement Agencies, Public Works Agencies or Fire Agencies Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to consolidate with other departments to form regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. J ointAgreem ent2004Revision Format 4/15/2004 Page 23 Item 9. - 212 1413 -328- 4," 17.3 4" 17.4 Adding Non-City/Non-County Users Participating Agencies Newly formed Non-City/Non-County Usefs Agencies that do not participate in the System in its initial implementation may desire to use the System. County shall work with any such user Agency to develop an appropriate system design and implementation plan to transition to the System after approval is recommended by OCCOPSA, DWPC- and OGF A � OCFCA, OCLC, and OCPWC, as appropriate, and approved by the Governance Committee. A New Non-City/Non-County User- Participating Agency (Update based on new Governance Committee Policy; revisit Section 4-24 13.1 as duplicative. Section 414 13.1 also refers to in -kind contribution, e.g., channels.) A use Participating 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 of this Agreement. as defeFmined by the Govemane Funds from this eserew account may be used for Backbone System enhancements for the benefit of all Partners and Participating Agencies. ate -Users. Enhancements shall be recommended by the Technical Liaison Committee and OCCOPSA, PWPC--aim oCFOCFCA, OCLC, and OCPWC as appropriate, with final approval by the Governance Committee. Approved enhancements involving cost sharing shall be submitted to the Governing Authorities for approval as appropriate. Any Backbone System modification costs required to transition a New Non -City/ Non -County User to System shall be the responsibility of the new Non-City/Non- County User. Any System Field Equipment costs associated with the transition of a New Non- City/Non-County User Participating Agency to System shall be the responsibility of the new Non -City/ Non -County User -Agency. 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 Partner or Participating Agency. Access may only be granted by the bodies described in C ti 5 and 6 and 6.3 (to be renumbered) of this Agreement. Any Backbone System modification costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Providers and/or the sponsoring Agency(s). JointAgreement2004RevisionFormat 4/15/2004 Page 24 HB -329- Item 9. - 213 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). 18. LIABILITY Each Party listed in Exhibit "A" (the "Indemnttor") shall indemnify, defend, and hold all other parties, and their agents and employees (the "Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement which acts or omissions constitute gross negligence. (Revised language was proposed by Newport Beach; will require County Counsel review.) fis IN ------- ...... . W-I&TASM, 10- UM r. TPH51MMMM WNW- 4-8: 19. GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz System including assuring City, Countyire AtithefiPartner and Participating Agency compliance with payment schedules, addressing operational issues affecting System operation and backbone site development, reviewing and approving conversion, ifnplementetie and 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. 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 coordinating with their appropriate Governing Body approvals: JointAgreement2004Revision Format 4/ 15/2004 below, will also be responsible for associations/agencies on issues involving Page 25 Item 9. - 214 HB -330- • Four City Managers appointed by the Orange County City Managers' Association • Chief Executive Officer, County of Orange, or Designee • Sheriff -Coroner, or Designee • GSA Difeeter--° RD Resources and Development Management Department Director or Designee Each must designate and name an alternate as a voting member if member cannot attend. 20. AGREEMENT AMENDMENT PROCESS This Agreement may be amended or modified by consent of all of the Governing Authorities representing the Parties. 28: 21. AGREEMENT DATE 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 '4U 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 Participating 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 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 or Participating Agencies 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 or Participating Agencies must be affected. 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. JointAgreement2004RevisionFormat 4/15/2004 Page 26 HB -331- Item 9. - 215 COUNTY OF ORANGE Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: ATTEST: By: By: City Clerk Dated: Approved As to Form: City Attorney JointAgreement2004RevisionFormat 4/15/2004 Page 27 Item 9. - 216 HB -332- F-JA ROUTING SH: '.ET INITIATING DEPARTMENT: information Services SUBJECT: Joint Agreement for the Countywide 800 MHz Voice Radio System COUNCIL MEETING DATE: IS 05-004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable 23 Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Attorne Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable Approved as to form by City Attorne Attached 171 Certificates of Insurance Approved b the City Attome i Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement Unbud et, over $5,000 P ( 9 ) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Attached Staff Report (If applicable) Not Applicable Attached Commission, Board or Committee Report (If applicable) Not Applicable Attached Lj Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ) Assistant City Administrator Initial City Administrator Initial City Clerk ) • •- RETURN OF F RCA Author_ Jim Moore HB -333- 3/9/2005 Item 9. - 217 SHERIFF -CORONER DEPARTAMNTi�� !,� r,`� ACF{, CA COUNTY OF ORANGE ;',',"'T;;"-,7i j CALIFORNIA ' 1UIS'� NIICFIAEL 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, Deputy CEO/Govemment and Public Services David Ream, City Manager, City of Santa Ana Bob Wilson, Director/intemal Services Function, Resources and Development Management Department February 1, 2005 To: Orange County City Managers From: #:Allan L. Roeder, Chairman 800 MHz Governance Committee Subject: 800 MHz CCCS Joint Agreement The Joint Agreement for the Implementation and Operation of the 800 MHz Countywide Coordinated Communications System (CCCS) was executed in early 1996 by the County of Orange, the then-31 cities and the Orange County Fire Authority. Cities which were incorporated after that date signed the agreement in 2003. An Amendment to the Joint Agreement was prepared in 2003 to address backbone cost -sharing issues. Each of the 34 cities and the Orange County Fire Authority approved that document in 2003. On October 28, 2004, the 800 MHz Governance Committee approved the updated Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 MHz CCCS (attached), following review by the Orange County City Managers' Association and legal counsel. It was previously distributed for operational review and input to the Orange County Chiefs of Police and Sheriff's Association, Orange County Fire Chiefs' Association, Public Works Committee and Lifeguard Committee. The Orange County City Managers' Association formally approved the revised 800 MHz Joint Agreement at its October meeting. This agreement addresses the ongoing partnership responsibilities for the maintenance and financial management of the 800 MHz system, including the backbone cost -sharing amendment. The Agreement was approved by the Board of Supervisors on November 23, 2004, and is now ready for approval by each of the 34 City Councils. OCSD/COMMUNICATIONS, 840 N. ECKHOFF ST., STE. 104, ORANGE, CA 92868-1021 M Item 9. - 218 LIB -334- Page 2 A draft staff report has been included in this package to assist you with timely processing of the Agreement. Upon approval by your City Council, please forward one copy of the attached 800 MHz Joint Agreement with an original signature page to Susan Markey, OCSD/Communications Division, 840 N. Eckhoff Street, Suite 104, . Orange, California, 92868-1021. The entire Joint Agreement, with the 34 City and Orange County Fire Authority original signature pages, will be retained by the Clerk of the County Board of Supervisors. If you have any questions, I am available at (714) 754-5328_ Specific questions regarding this updated Joint Agreement may be directed to Susan Markey at (714) 704-7905. I am requesting that each city return its executed agreement by April 1, 2005. I sincerely appreciate your processing of this amended 800 MHz Joint Agreement through your City Councils. Attachments cc: Tom Mauk, CEO William Mahoney, Deputy CEO, Government and Public Services City Police Chiefs City Fire Chiefs City Public Works Directors City Lifeguard Chiefs City Clerks HB -335- Item 9. - 219 CITY OF REQUEST FOR ACTION Background 1. r On February 6, 1996, the Orange County Board of Supervisors approved the original Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Countywide Coordinated Communications System (800 MHz CCCS). This agreement addressed City/County partnership responsibilities and financial obligations for the implementation of the 800 MHz CCCS in Orange County. It was executed by the then-31 cities and the Orange County Fire Authority. This agreement was amended by the Board of Supervisors on June 24, 2004, to include the backbone cost -sharing agreement negotiated by the County, 34 cities and the Orange County Fire Authority. Each of the 34 cities and the Orange County Fire Authority executed the amendment. Statement of Issue During the past several months, the Governance Committee has directed its efforts to the full rewrite of the 800 MHz Joint Agreement. The original Joint Agreement addressed the initial system implementation. The updated Joint Agreement addresses the ongoing partnership responsibilities for the operation, maintenance and financial management of the 800 MHz system, including the backbone cost -sharing amendment. The overall agreement reflects the input of -the Orange County City Managers' Association, the Orange County Chiefs' of Police and Sheriff's Association, and the Orange County Fire Chiefs' Association. The Orange County City Managers' Association formally approved the revised 800 MHz Joint Agreement at its October meeting. In keeping with the history of this project, the updated agreement reflects a partnership effort on behalf of the public safety community in Orange County. Recommended Actions Approve and execute the Joint Agreement for the Operation, Maintenance and Financial Management of the 800 MHz CCCS dated November 2004, and authorize the Mayor and City Clerk to execute two copies of the Joint Agreement, one original for the County Clerk of the Board and one original for the City Clerk's records. Alternative Action(s) There is no practicable alternative action. Analysis Each city executed the 800 MHz Joint Agreement in early 1996, and the Amendment to the Joint Agreement in 2003. All 34 cities and the Orange County Fire Authority are now being asked to approve the revised Joint Agreement for the Operation, Maintenance and Financial Management of the 800 MHz CCCS, which addresses post -implementation issues. Environmental Status Not Applicable Attachments Joint Agreement for the Operation, Maintenance and Financial Management of the 800 MHz CCCS Item 9. - 220 HB -336- Esparza, Patty From: Sent: To: Cc: Subject: Hi Teri, please send it to: arten Miller OCSD Communications 840 N. Eckhoff St. Suite 104 Orange, CA 92868-1021 Stoffel, Robert [Robert.Stoffel@comm.ocgov.com] Friday, March 06, 2015 3:34 PM Baker, Teri Baron, Ryan [COCO]; Esparza, Patty; Miller, Marten RE:: 800 MHz CCCS Next Generation Joint Agreement Amendment Thank you, and I appreciate your assistance in making this happen! Robert Sent from my Wireless Phone -----Original Message ----- From: Baker, Teri [Teri.Baker@surfcity-hb.org] Received: Friday, 06 Mar 2015, 14:19 To: Stoffel, Robert [Robert.Stoffel@comm.ocgov.com] CC: Baron, Ryan [COCO] [ryan.baron@coco.ocgov.com]; Esparza, Patty [PEsparza@surfcity-hb.org] Subject:: 800 MHz CCCS Next Generation Joint Agreement Amendment Good afternoon Robert, The amendment was approved last Monday by the City Council. The City Clerk's Office would like to know where you would like the executed agreement sent and to whom it should be made to the attention of. Thanks very much, Teri Teri Baker .Assistant to the City Manager City Manager's Office 2000 Main Street PO Box 190 Huntington Beach, CA 92648 (714) 536-5482 Teri. baker(& surfeits-h b.or6 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk March 10, 2015 OCSD Communications ATTN: Marten Miller 840 N. Eckhoff St., Suite 104 Orange, CA 92868-1021 Dear Ms. Miller: Enclosed is one original of "Amendment to Joint Agreement for the Operation, Maintenance and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System." Upon complete execution, please return a copy to us. Please mail the document to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Feel free to contact me if there are any questions or concerns at (714) 536-5404. Thank you very much for your assistance. Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA MICHAEL S. CARONA SHERIFF -CORONER 800 MHz Countywide Coordinated Communications System G 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 take Forest William A Huston. City Manager, City of Tustin William Mahoney, Deputy CEOtGovernment and Public Services David Ream, City Manager. City of Santa Ana . Bob Wilson, Director/Internal Services Function, Resources and Development Management 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. The agreement has now been approved by each entity. Attached for your records is a copy of the 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 7 JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE, AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM OCTOBER 2004 0 ! TABLE OF CONTENTS I. SYSTEM............................................................................................................................... I 2. DEFINITION OF TERMS....................................................................................................2 . c 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM ............................3 4. OPERATIONAL POLICIES — FIRE SUBSYSTEM ...........................................................3 5. OPERATIONAL POLICIES -- LIFEGUARD SUBSYSTEM.............................................4 6. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEM......................................4 7. OPERATIONAL POLICY....................................................................................................4 8. OPERATIONAL POLICY REVIEW...................................................................................6 9. - MUTUAL AID......................................................................................................................6 10. RELINQUISHING EXISTING OPERATING CHANNELS..............................................7 11. SYSTEM TECHNICAL MANAGEMENT.........................................................................8 12. SYSTEM MODIFICATION COST APPROVALS .................. 13. CONTRACTS........................................................................................... .......10 14. EQUIPMENT FACILITIES AND STRUCTURES...........................................................11 15. SYSTEM MODIFICATIONS AND COST SHARING.....................................................I 1 16. ADDITIONAL PARTICIPATI IG AGENCIES/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 FOR THE OPERATION, MAINTENANCE AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This Agreement is entered into on , 2004 by and between the Parties listed on Exhibit "A" which is attached hereto and incorporated herein. This Agreement replaces the 1995 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 Sheriff's Association [OCCOPSA], 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 to public entities. RECITALS: 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 and appropriate change orders. The Parties hereby designate Orange County Sheriff -Coroner Department (OCSD)/Communications Division as the "Lead Agency" in maintaining and enhancing the System. Joint Agree men tOct2004Final Page 1 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 tc:rms 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 hire 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 Sheriff's Department, Orange County City Police Departments, Orange County District Attorney'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 radic. dispatch talkgroups used by a fixed group of Partner Agencies. "New City" is defined as a cite 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 ever -day use since its original inception and are operating on the 800 MHz System. Joint AgreementOct2004Final 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. 3. OPERATIONAL, POLICIES — LAW ENFORCEMENT SUBSYSTEM The Orange County Chiefs of Police and Sheriff's 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 responsibility 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 AgreementOct2Qg4Fanal 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 to 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. 6. 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 OPER.ATIONAL 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 AgreementOct2004Final 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 OCSD/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 AgreementOct2004Final 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 safely 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 interoperability 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 MHz 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 Agree men tOct2004FinaI Page 6 Orange County Mutual Aid Plan for the Use of the 800 MHz Local Mutual Aid Channels The plan was prepared by OCSDICommunications 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, priontized 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 MHz channels must give back licenses on existing system frequencies. These "give - up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. 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 thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when 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. Joint AgreementOct2004Final Page 7 Any city that does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use anther city's "give -up" 460 .. MHz GREEN channel in a cellular re -use pattern. 11.0 SYSTEM TECHNICAL MANAGEMENT Proper operation of a modern, winked, multi-chastnel communications System requires centralized technical coordination. OCSD/Communications Division has established a 24-hour System Watch at Loma Ridge to assure seamless operation of this complex system. The infra3tructure 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 Teclbnicai 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 he 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 Lost/Stolen/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 AgreementOcQONFinal Page 8 0 • 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 AgreementOcQOWFinal 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 c 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/Communicat ions 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 Governance 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 AgreementOct2004Final Page 10 0 0 • OCSDICommumcations shall obtain the approval of the Governance Committee to determine the appropriate additional terms, conditions, and costs to be included in said separate agreement . • Any such new Participating Agency(s) hereafter who shall desire to become a party to this Agreement may do so by executing a copy of said separate Agreement and assenting and agreeing to all of the terms, conditions and system entry and operational costs thereof. • 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 y structures, facilities, or dispatch centers as required to support the installation or enhancement of Participating Agency System Field Equipment. 15. 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 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 sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual Partner or Participating Agencies. Joint AgreementOct2004Frnaf Page I 1 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 Participating Agencies in a local area or Net shall be shared by those Agencies in a manner agreeable to chose Agencies. 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 represents the respective aggregate obligations for the ongoing maintenance costs 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 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. 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 Agency, that are set aside strictly for the purpose of Joint AgreementOct2004Final Page 12 • 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. 15.5 New Site Development and Infrastructure Fund The County will place the approximately $4.1 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 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. Joint AgreementOct2004Final Page 13 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 if any 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. 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. Joint AgreementOct2004Final Page 14 B. As soon as practicable following the end of each fiscal year, a final independent audit 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 shall be made known to the Partners 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. If the Governance Committee determines that these funds will be held in the third -party escrow account, the annual cost and fees for this account will be 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 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 party's contribution for maintenance and repair of the base radio site(s) from Joint AgreementOct2004Final Page 15 0 • which the revenue is generated. All additional net revenues shall go to the County. 15.10 Future System Enhancements/UpgradeslReplacements It is anticipated that a significant upgrade of the 801) 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 Participat-mg 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 be added to the system with, approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. (Refer to Section 13.1.) The System must adhere to FCC minimum 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. 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 agre,:ment with County. Joint AgreementO02004Final Page 16 0 • 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 regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. 16.3 Adding Non-City/Non-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 design 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 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-Cily/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 granted by the bodies described in Sections 3,4,5,6 of this Agreement. Joint AgreementOc12004FMal Page 17 • 17. 18. Any Backbone System modification costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Providers and/or the sponsoring Partner or Participating Ageney(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). LIABILITY Each Party listed in Exhibit "A" (the "Indemnttor") shall indemnify, defend, and hold all other parties, and their agents and employees (the "Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement which acts or omissions constitute gross negligence. GOVERNANCE COMMITTEE' The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz System including Partner and Participating Agency compliance with payment schedules, addressing; operational issues affecting System operation and backbones 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. 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 Joint AgreementQct2004Final Page 18 • 0 • Resources and Development Management Department Director, or Designee Each must designate and name an alternate as a voting member if member cannot attend. 19. AGREEMENT AMENDMENT PROCESS This Agreement may be amended or modified by consent of all of the Governing Authorities representing the Parties. 20. 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 Participating 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 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 Agreement0ct2004Final Page 19 • 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 this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE c Bv_ Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: ATTEST: By: By: City Clerk Dated: Approved As to Form: City Attorney Joint AgreementOcQOWinal Page 20 • 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 this instrument, each which shall for all purposes be deemed an original thereof COUNTY OF ORANGE C, w F By. Board of Supervisors Dated: ;33 •y 4.' Approved As to Form: County Counsel I<:, CITY OF: A Z i s o Viejo ATTEST: t�t Dated: June 15, 2005 Approved As to Form: Ci� Attorney f J Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: Dated: Authority Counsel SIGNED AND CER If U THAT A COPY Of THIs DOCum HAS BEEN DELIVERED TO THE C, IRMAN Of T H ARD ATTEST / 1-1 DARLEN J. 6LDARLEN J. 0 �_ jj CLERK ORA GE COUNTY, CALIF ORS RYISQFiS • ;� 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 0 GE x { By: Board of supervisors Dated: Approved As to Form: County Counsel CTIY OF: ANAHEIM ATTEST: By: By: MAYOR C' 61erk Dated: `'? /.5 p 5 ORANGE COUNTY FIRE AUTHORITY M Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIED THAT A COPY Of THG DOCUM HAS BEEN DELIVERED O THE C IRMAN OF TH ARD ATTEST / DARLENUfJ. BL ((( 0 ARN02 COUNO, aL0oRNIAERYISORs Joint Agreement Nov2320N Final • i 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 ORANGE f By:I"".�. Board of Supervisors Dated: _ � //'.;33'y t( Approved As to Form: County Counsel CITY OF: ATTEST: By: Approved As to Form: City Attorney set their hands counterparts of ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM T HAS BEEN DELIVEREDTO THE C. IR1MAN OF TH ARD ATTEST DARLE N J. BL00M T' CLERK qF THE BOARD Of SUPERVISORS ORANGE 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 OGE c ' U�--- By: Board of Supervisors Dated: 'y 4-1 Approved As to Form: County Counsel Ir—�a --off CITY OF: BUENA PARK ATTEST: L,411L/ `, { ' By: Donald W. McGay, Mayor By: City Clerk Dated: March 22, 2005 Approved As to Form: City Attorney set their hands counterparts of ORANGE COUNTY FIRE AUTHORITY By: Pairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By*-��7-,,,- IAZ��Y:: Auth rity Counsel Dated: Y o 5 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUTA HAS BEEN DELIVERED 0 THE C IRMAN OF TH ARD ATTEST- � DARLEN J.6LOOM j( CLERK qF THE 60AfiD OF SUPERVISORS ORANGE 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 ORtANGE lG�A� r Board of Supervisors Dated: _ P' 033 Approved As to Form: County Counsel CITY OF: COSTA MESA ATTEST: / By: Mavor of Costa Mesa City erlc Dated: Approved As to Form: City Attorney set their hands counterparts of ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DDCUµ HAS BEEN MIVERE0 D THE C IRMAN OF TH RD ATTEST � DARLEN J. BL00M_ CLERK Of THE BOARD OF SUPERVISORS ORANGE COUNTY, CAUfOR" Joint Agreement Nov232004 Final • 0 IN WITNESS WHEREOF, the Pasties 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 r. GE By, Board of Supervisors Dated: •s:33 •� � Approved As to Form: County Counsel I+_110 -0 If CITY OF: C t�SS_ ATTEST: 4 Mjlwr. + J Dated: &I q IDS Approved As to Foray: City Anomey set their hands counterparts of ORANGE COUNTY FIRE AUTHORITY LE Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: Dated: Authority Counsel SIGNED AND MR11FIED1"M "'.0" MAD OF TH+s DOCUI� HAS BEEN DELIVERED0 THE C yR4�At�flF TH ATTEST' AAALEK 1. �� CLERK Of THE BOARD OF SUPERVISORS ORANGE fptlN. . CALIFORNIA Joint Agreement Nov232004 Final IN WITNTESS WHEREOF, the Parties and Participating Agencies hereto have and seals on the dale set forth opposite their respective signatures on identical this instrument, each which shall, for all purposes be deemed an original thereof. COUNTY OF OGE By: Board of Supervisors Dated: set their hands counterparts of ORANGE COUNTY FIRE AUTHORITY Dated: Approved As to Form: ATTEST: County Counsel Ir- ro --o'{ CITY OF: DANA POINT ATTEST: By: MAYOR By: iI City Clerk Dated: 3-1 /— O Approved As to Form: City Attorn Chairman Clerk of the Authority APPROVED AS TO FORM: LE Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF TH15 tiOCUT HAS BEEN DELIVERED O THE C IRMAN OF TH RD ATTEST' DAEN J. BLOOM I RL 0RpNGE coU BOARD ALIF ORNIIA RvtsaFis Joint Agreement Nov232004 Final 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 this instrument, each which shall for all purposes he deemed an original thereof. COUNTY OF OGE f By, _ Board of Supervisors Dated: - 3'd Approved As to Form: County Counsel IvLaA it--o 'y CITY OF: Y m\ � e— ATTEST: 1:44WEliftwx....a. � � Dated: Approved As to Form: City Atto ORANGE COUNTY FIRE AUTHORITY By Chairman Dated: I .C,2 G _ Q'�r ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: uthority Counsel Dated: - 2!g 27c 6 SIGNED AND CEFiSIf IED iHA1 A COPY OF 7H15 DOCU(d HAS BEEN DELIVERED 0 THE C IR1A1kh OF i ARD ATTEST / DARLEN J.BLOOM CLERK FCTHE BOARD OF OUNTYSUPERVISORS . M ORMIA ORANGE Ioint Agreement Nov2320(A 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 ORANGE (� 1 .. .CI..a• t� t � 3 By. f \ • �} Board of Supervisors Dated: Approved As to Form: County Counsel 1l —ram --o y CITY OF: FULLERTON By Shawn Nelson, or ATTEST: City CIerk Dated: 3- a-oi5 Approved As to Form: set their hands: - counterparts of ORANGE COUNTY FIRE AUTHORITY 0 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: LM Dated: Authority Counsel SIGNED AND CERTIFIED THAT ACOPY OF THIS DOCUM HAS BEEN DEOVERED 0 THE C_ 11,MAN OTH RD ATTEST- ' a DARLEN J. BLOOM CLERK OF C;OU �ACALRD IFO NIASUPERVISORS Joint Agreement Nov232O04 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 . r By: N WA' Board of Supervisors Dated: -;33 Approved As to Form: County Counsel N,4� CITY OF: ATTEST: 01 By: By: WILLIAM J. DALTA I Dated: 3`L -ail Approved As to Form: City Attorney ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUTA HAS BEEN DELIVERED 0 THE C IRMAN Of TH ARD ATTEST DARLEN J.9LOOM ORANGEFCOUNTY. CALF ORNiIAERYISORS G(�"' C � Q- r"- - & rav� Joint Agreement Nov232004 Final r11 40 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� N .f f By ]Y1��,J" Board of Supervisors Dated: - //' ;33'y 4� Approved As to Form: County Counsel CITY OF. Huntington B a h ATTEST:. Approved As to Form: City Attorney ORANGE COUNTY FIRE AUTHORITY ATTEST: erk ot the Authority APPROVED AS TO FORM: By A hority Counsel Dated: G SIGNED AND CERTIFIED THAT ACOPY OF THIS DOCU1� T KAS BEEN DELIVERED TO THE C 1RMAN OF T)i RD ATTEST, DARLEN J. BLOOM CLERg ¢F THE BOARD OF SUPERVISORS ORANGE COUNTY. CALIFORNIA Joint Agreement Nov232004 Final 0 IN WITNESS WHEREOF, the Parties and Participating Agencies bereW have set their hands - and seals on the date set forth opposite their respective signatures on identical counteiparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OrGE Dated: Board of Supervisors // •."�3 •d `-�_ Approved As to Form: County Counsel CITY OF: X=n1i ne. •1� WIN I��► By. _ rY�Vc �TrEST City Dated: S - `-a{ ` 0 '�-- Approved As to Form: City AttorneA Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Dated: ATTEST: Chairman Cleric of the Authority APPROVED AS TO FORM: By. Authority Counsel Dated: SIGHED AND cERITIFIEO THAT A COPY OF IALTTE E M A A BEEN OF TN DEJVEM O DAMEN I LL (ARK Qf iE B'OARD OF WKRYt M 0RMG, (,OTrU CALIFORHi11 • • 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: Board of Supervisors Dated: Approved As to Form: County Counsel -0q CITY OF: --La Habra ATTEST: By: Mayor, Steve Anderson City Clerk, Tamara D. Mason Dated:-IQ1Qrs Approved As to Form. ORANGE COUNTY FIRE AUTHORITY LION Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: LM Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUtwh T YAS BEEN DELIVERED 0 THE C IFItAAN of TH ARD ATTEST 1 41 DARLEN J. BLOOM ��v (((( CLERK qF THE BOARD OF SUPERVISORS pFlflf�GE COUNTY, CALIFORNIA IN WITNESS WHEREOF, the Parties and Participating Agencies hereto have set their hands and seals on the date set forth opposite their resprctive signatures on identical counterparts of this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OGE c By: Board of Supervisors Dated: o:3 3 •v �— Approved As to Form: County Counsel CITY OF: ATTEST: By: Ttv Dated: Approved As to Form: City I�tomey i ±I n 0 �, ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: :A Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COFY OF THE DAJ. HAS gEEN DELVYERED 0 T�AN OF iii ATTE DARL�� Q OF 51lPE�VVSO4lS t�.EAV V ORANGE COUNTY, GALVFOR0 L' eR� r\fA Agreement Nov232004 Final 0 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 this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF O>GE 4 : B y Board of Supervisors Dated: ll� •v�3 •y �-� Approved As to Form: County Counsel Ir,ro --0 CITY OF: ATTEST: ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: LN By: YDated: City Manager- City of Laguna Beach By: r Cit Clerk - City of Laguna Beach Dated: Z - Approved As to Form: City Attorney Joint Agreement Nov232004 Final Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM HA5 F t DEINERED 0 THE C IRMAN OF TH ARD ATTEST- i � l DARLEN J. BLOOM CLERK F THE BOARDORANGE COUNTY. GAL40RNlA SUPERVISORS • i 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 r Br- iNWO ' Board of Supervisors Dated: Approved As to Form: County Counsel /l—ro--oaf CITY OF: Iaguna Hills City Clerk MarfjA. Carlson Dated: �� 2 z ao � Approved As to Form: City Attorney Lois E. Jeffr ORANGE COUNTY FIRE AUTHORITY 10 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM HAS BEEN DELIVERED 0 THE C AD ATTEST DARLEN J. BLOO11} (( p�IGt��.u4 R� R1tISORS Joint Agreement Nov232004 Final 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 this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF Or GE 4 ,; .9 - q'I Dated: Board of Supervisors 1l •v'�3 •d �`( ORANGE COUNTY FIRE AUTHORITY Dated: Chairman Approved As to Form: ATTEST: County Counsel P Clerk of the Authority CITY OF:-C �--� APPROVED AS TO FORM: ATTEST: By: Authority Counsel - By: 0. C1-1 Y /S Dated: ity Clerk Dated: Approved As to Form: City Attorney /""" i s/z "5/0s SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM T HAS BEEN DELIVERED TO THE C IRMAN OF TH ARD ATTEST- / 1-/1 DARLEN J.BL00M CLERK ORANGE COUNTY THE ACALRD IFOR SUPERVISORS Joint Agreement Nov232004 Final 0 • IN WITNESS WBEREOF, 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 OI GE By Board of Supervisors Dated: �� • -;33 •v � Approved As to Form: County Counsel CITY OF: ATTEST: By: City Clerk (_ Dated: Approved As to Form: City Anomey ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS UOCDM HAS BEEN DELIVERED TO THE C IFMAN OF TH ARD ATTEST ' DAR J. BLOOM III CLERK 4i' TKE BOARD OF SUPERVISORS ORANGE COUNTY. CALIFORNIA i �r— 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 OrGE By:. Board of Supervisors Dated: -;33 •y c.`� Approved As to Form: County Counsel CITY OF: ATTEST: By- cMayo By: CITY OF LMC60REST Dated: 03 ILO 1 C?S_ ApprovedCity Attorney at Joint Agreement Nov232ON Final ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: ATTEST: Clerk of the Authority APPROVED AS TO FORM: 0 Dated: Authority Counsel SIGNED AND CERTIFIED T)iAT A COPY OF TriIS pClCUl�t T HAS SEEN DELIVERED TO THE C IRMAN OF TH ARD ATTEST I . DARLN J. BL 1 t 0 NG iAUNi`t CALIFORNIA RYISORS J 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 Us instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF OGE G Board of Supervisors Dated: P'033 •d �-% Approved As to Form: County Counsel {!-sue -oaf CITY OF: IDSu 1-0 s� ATTEST: By: City Clerk I SvS hn e-• a-q-. dQ.reoo1 Dated: a - d Q-`-OS` Approved As to Form: Ci Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY By: Dated: Chairman ATTEST. Clerk of the Authority APPROVED AS TO FORM: By. Authority Counsel Dated: SIGHED AftD CSTIf l>rD THAT A 1 0" OF TH15 DOCU MS BEEN DEOVEMD,10 THE C 1F�I+IAH ATTEST DA NJ. EL pNGE tAUHIy. CALF ORM YiSQRS pp 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: ;33 Approved As to Form: County Counsel CITY OF: ATTEST: By: By: Qrsnl �.5 W+tb�� C4� M's"xick-ye—, City lerk A<*e "PrV'V%4z1 Dated: 5 oZ.O f 6� Approved As to Form: City Attorney ORANGE COUNTY FIRE AUTHORITY L*_fi Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: IM Dated: Authority Counsel SIGNED AND CU'llfIED 14 'T A COPY OF THIS DOCUM HAS BEEN DELIVERED TO THE C. IRMAN OF TH ARD ATTEST- � DARLEIS J. SLOOM CLERK QF THE BOARD OF SUFERvISORS ORANGECOUNTY. CALIFORNIA Joint Agreement Nov232004 Final 0 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 this instrument, each which shall for a]] purposes be deemed an or_ginal thereof. COUNTY OF ORNGE By: -- Board of Supervisors Dated: _33'y ``/ Approved As to Form: County Counsel CITY OF: ATT`"""' By: By: Newport: Beach d&nrt1-/M-da&�� City Clerk ., Dated: /A�pprovyed As to Form: 1 tty A �;i y ORANGE COUNTY FIRE AUTHORITY Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: Dated: Authority Counsel SIGNED AND CEF+T,FIE 4 TA DOPY OF THIS DOCLIMEN HAS EEfDEI� RD TO H ER THE C 1AlAAt� OF Tki A ATTESTV' DARLEN J.6L OVA 111 SUPERVISORSERv150RS CGEM pF ThE BOARD OF QRANGE COUNiy. CALtFOF±NLA -a Agreement Nov*232004 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: Board of Supervisors Dated: -;33.d Approved As to Form: County Counsel CITY OF: orange 0 City Clerk Dated: ORANGE COUNTY FIRE AUTHORITY 0 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: 0 Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF IRS DOCUM HAS BEEN DELIVERED 0 THE C IRMAN OF TH ARD ATTEST `� 1 )ARLirNQfJ. CLERK GE C,OUMYWE ACALIFORNU1 RD OF SUPERVISORS. Joint Agreement Nov232004 Final e • 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 ONGE f ' sr" Board of Supervisors Dated: �� ' �'� •v �--� Approved As to Form: County Counsel CITY OF: ATTEST: By: By: City cleric Dated: Approved As to Form: City Attorney ORANGE COUNTY FIRE AUTHORITY �....= '0 , Li• �f ATTEST: Clerk o the Authority APPROVED AS TO FORM: By: 7-sr c% (,/ Au rity Counsel Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM HAS BEEN DELIVERED 0 THE C. IRMAN OF T H ATTEST• ! DARLEN J. BL M CLERK QF THE BOARD OF SUPERVISORS ORANGE COUNTY. CALIFORNIA 3oint Agreement Nov232004 Final OCTA AOEEMENT NO.C- 4-1256 ORANGE -COUNTY TRANSPORTATION AUTHORITY By: +. Arthur T. Leahy Chief Executive Officer Dated:. APPROVED, -AS TO FORM. - BY: 1�� Kerivard R. Smart,'Jr. General Counsel' iI I William L. Foster _t Executive Director, Bus Operations Dated: 05'�3'L5 Joint Agreement Nov232004 Final • E 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 he deemed an original thereof. COUNTY OF ORANGE ,r By:sty ,,,'r''r--�-- Board of Supervisors Dated: _ // Approved As to Form: County Counsel CITY OF: ATI By: By. PLACENTIA . 15& 6 CifyClerk PzVrick J. Melia Dated: Jr. — 'Sr- Approved As to Form: City Attorney Thomas-F. Ni on Joint Agreement Nov232004 Foul ORANGE COUNTY FIRE AUTHORITY Lin Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCu� HAS BEEN DELNEAEDTO THE C IRMAN OF TH ARD ATTEST DARLEN J. BLOOIa II 0 NGE CAUNT`f. cALFORMA SUPERVISORS 0 u 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 e -(� , ir By: U�- Board of Supervisors Dated: _ �1 •v'�3 •y �-� Approved As to Form: County Counsel CITY OF: Rancho Santa Margarita ATTEST: By: By. /f n City Jerk - Debbie Wo Dated: `; Approved As to Form: City Attorney Ao n E. Ca v augh, City Attorney ORANGE COUNTY FIRE AUTHORITY Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: LZ Dated: Authority Counsel SIGNED AND CERTIFIE4 THAT A COPY OF THIS DOCUM HAS BEEN DELIVERED TO THE C 1RIdAN OF Tti ARD ^ DARLEN J. BL ORANGE CA IFORHSUPEIA RYISORS Joint Agreement Nov232044 Final 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 this instrument, each which shall for all purposes be deemed an original thereof. COUNTY. OF OGE f j t� By: Board of Supervisors Dated: l � ' ;3'.S Approved As to Form: County Counsel it-ro -o�f CITY OF: _-Sl�IV C Attest: City Clerk Dated: 3 Approved As to Form: City Attorney ORANGE COUNTY FIRE AUTHORITY Lo Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: Lin Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCIIfA HAS BEEN DELIVERED 0 THE C IRMAN OF TFi ARD �^ ATTEST DARLEN I6lO0bAFID or A OI�At+IGECLERK FCOUNTy. CALIFORNIA RYIS�S Joint Agreement Nov232NA 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 OANGE By: Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: San Juan Capistrano ATTEST: ORANGE COUNTY FIRE AUTHORITY Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: _ Autl�aonty ounsel By: Dated: BWyatt rt, yor y: - Margaret R. Monahan Dated: Approved As to Form. City Attorney J R. Shaw SIGNED AND CERTIFIEDTHAT A COPY OF HAS BEEN DEL VERED TO THIS F µ 1F1'11 OF TH ARD ATTE DARLEN J.6LOOM CLERK QF THE EOARD OF SURERVISORS ORANGE COUNTY. CALIFORNIA Joint Agreement Nov232004 Final 0 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 OrGE Board of Supervisors Y Dated: _ // Approved As to Form: County Counsel CITY OF: ATTEST: By: By: City Clerk Dated: d —/"-/ --Z!� � set their hands counterparts of ORANGE COUNTY FIRE AUTHORITY M Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: M Dated: Authority Counsel SIGNED AND CERi If IED THAT A COPY OF THIS DOG M HAS BEEN DELIVERED O WI-C IRAIAN OF TH ARD ATTEST- �' t}ARLEN J. BLOOM CLERK OF THE BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA Approved As to Form: City Attorney S 1/ Joint Agreement Nov232004 Final • 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 this instrument, each which shall for all purposes be deemed an original thereof. COUNTY OF ORANGE Gc Board of Supervisors Dated: _ Approved As to Form: County Counsel CITY OF: Sania Ana ATTEST: By: z rj Cc David N. Ream By: _City Manager City Clerk Dated: - Approved As to Form: City Attorney ^' 3 CSEPH W . F'LET �HER a ty Attorney ORANGE COUNTY FIRE AUTHORITY Lion Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: Lo Authority Counsel Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM HAS BEEN DeLIYERED TO THE C II�4AAN OF THEMARD J -,r ATTEST' WRILEN J. BL001A OF1A FE COUNTY, CALIF O NIA R1ffSORS Joint Agreement Nov232004 Final 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 this instrument, each which shall for all purposes be deemed an orilnnal thereof. COUNTY OF OGE By:.=�1'".....' Board of Supervisors Dated: Approved As to Form: County Counsel --- CITY OF:O.f ATTEST: ORANGE COUNTY FIRE AUTHORITY 0 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: I0 B, s'�-s-� `- Y• Dated: MP�{DK City Clerk Dated: 3 " Z7- — D 5 Approved As to Form: City Attorney Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS OMUM T HAS BEEN QELIVEMD TO THE C IRMAN OF TH ARD ATTEST / � DARLENir J• BLt)41� CLERK OW E THE BOARD OF COUNTy, CALpORNIA RYISORS Joint Agreement Nov232004 Final C� 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 Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: Tus-tin_ ATTEST: By: —9�& By: Lou Bone, Mayor ^� 044 Dated: March 7, 2005 Approved As to Form: City Attorney 4 , — 5; -. Lois Jeffrey ORANGE COUNTY FIRE AUTHORITY M Dated: ATTEST- 0 Chairman Clerk of the Authority APPROVED AS TO FORM: M Dated: Authority Counsel Joint Agreement Nov232004 Final IN WITNESS WHEREOF, the Parties and Participating Agencie!: 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 1 By Dated: Board of Supervisors I � ' �3 •y 4� Approved As to Form: County Counsel CITY OF: u 1.1 A PARK ATTEST: By: Richard A. Freschi., Mayor - - Approved As to Form: City Attorney r ORANGE COUNTY FIRE AUTHORi"I'y M Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: By: Authority Counsel Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS TH. C IR'MANSBEEN OF TH DEL BRED 0 THE C ATTEST• -� DARLEN J. BL MNGE ,TOUNTTYY•CALRD FGFiN1ARYISORS 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 he deemed an original thereof. COUNTY OF ONGE Br Uyoovj Fit Board of Supervisors Dated: - .>// -oi3 Approved As to Form: County Counsel Ir- ra--o�f CITY OF: WESTMINSTER i r By MargitdL. Rice, Mayor Hated: ATTEST: Maria rera , City Clcrk Dated: j - 7 —do -1�— Approved As to Form: Joint Agreement Nov232004 Final set their hands counterparts of ORANGE COUNTY FM ALTMORITY Un Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: 0 Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCU HASBEEN DELWYO O THE C IRON OF T ATTEST• DARL5N J. BL001� CLERK Of THE ORAI3E C011M BOARD pR �E41YlSORS • • 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 A y: }Y Board of Supervisors Dated: - 3 -y �--� Approved As to Form: County Counsel P ram —oaf CITY OF: YORRA L I NaA 0 �-- Z" ATTEST: City Clerk t- Dated: � s- 0,. Approved As to Form: City Attorney 1 BEST BEST & KRIEGER, LLP ORANGE COUNTY FIRE AUTHOR3TY 0 Dated: ATTEST: Chairman Clerk of the Authority APPROVED AS TO FORM: Dated: Authority Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM"I HAS BEEN DELIVERED TO THE C IRMAN OFT K t)ARD ATTEST OARLEN J. BLOOM CLERK Of THE BOARD OF SUPERVISORS ORANGE COUNTY. CALIFORNIA Joint Agrccrmnt Nov232004 Final 'a i ArEENTuh ENT TO JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM DATED JANUARY 30,1996 WHEREAS, the parties 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 the 800MHz 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 Panics 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 parties 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: "15 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 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 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 bome 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. M2 Cost Sbaring 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 percenta€e 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 Svstem. 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 OCFA's indi%7dual 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 System Backbone cost each year thereafter for five years. Each city and OCFA :hall 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 $4.1 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 800 MHz Governance Committee approval. Each expenditure fiom 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 S3'stem Costs • 0 a Unless otherwise authorized by separate agreement or an amendment to the Joint Agreement for the implementation and Operation of the 800-- MHz 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 15 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 Govemw)ce 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. Thereafier, 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-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. 15.10 800 MHz 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 proportion as each party contributed to the maintenance and repair of the radio sitc(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. 15.11 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 M}iz CCCS Joint Agreement shall remain unchanged. IN WITNESS WHEREOF, the Parties hercto have set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this Amendment, each which Shall for all purposes be deemed an original thereof. COUNTY OF ORANGE Byr,�ul��- rr•-_- Approved As to Form: County Counsel By !�1L••�-� Dated: 6 442 — r� - Dated: SIGNED AND CERTIFIE- AT TF SIP �✓j CAkLE . Btu `l CURK F THE - - ORAMIN CWW'.. CITY OF: By: City Clerk Dated: 09 — r�3 Approved As To Form: THE F+?R;7 ^^Itef INSTRUMEh I I� A FULL TRUE AND CORRECT OC;PY OF E 9R1gJNAL ON FILE IN THIS OFFICE, AiTES-i: i2��_l._ .212r2 SHERYLL SCHROEDER. C,TY CLERK OF THE CITY OF ANAHEIM DENTY CITE' CLERK 11 Cl CITYOF: ALISO VIEJO By. 3 WILLIAM PHILLIPS, MAYOR PRO TEMPORE By: CT t/�V�frlf� Approved As To Form: ity Attorney i SCOTT SMITH CITY OF: A T: MAYOR Dated: ��` �T c Approved As To Form: City Attorney • • CITY OF: Buena Park Ai 12 City Clerk Dated: September 23, 2003 Approved As To Form: City Attorney k 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 recarding the amendment to the 800 MHz Joint Agreement - The amendment to language in Section 15 and 19 of the Joint Powers Agreement for 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 Orange 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 Mavor 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, 1 have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2151 day of August, 2003. DepofiCiiv Clerk and ex-officio Clerk of the th4.Xity Council of the City of Costa Mesa CITY OF: Costa Mesa ATTEST By: Mayor of Costa Mesa By: Deputy City CI Dated: Nugust 20, 2003 Approved As To Form: City Attorney J n • • CITY OF: CYPRESS By: S . Mayor ATTEST: HAWRION II Dated: 8/25/03 Approved As To Form: City Attorney u CITY OF: Dana Point c By: Doug Cho.[} 1� ATTEST: City Clerk, Susan Ramos Dated: Approved As To Form: n City Attorney, P trick Munol�____' i CITY OF: rCU n V) City Clerk -- IaPU N Dated: `-(- 3 Approved As To Form: City Atio eye �l CITY OF: 2 it? CQ 2ST: ATTEBy: By:� rcity Clerk Dated: 9 - LI' 0 3 Approved As To Form: • • Citv of Garden Grove By: 1p Mavor: . ' o Attest: cix-� t�L�- City rk Dated f -/) -0,3 Approved As to Form: City Attorney • 0 Amendment to the Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Counlywide Coordinated Communications Svslem IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. By-. .1T ° r ►Clf r- t77/&, '�Ll f-C, C-1 (A-j I' h-D r'-� Lr._.vtti- E_i�:� rlI1AE�nglllln ' APPROVED AS TO FORM: pnnt name Deputy County Counsel SIGNED AND CERIMID TMAT A COPY DF IHIS DocuWNT NO BEEN DELMRED TD THE CUR" Of N. 900AD ATTES7:: D CDXn � a municipal corporation of the State of California ATTEST: _ City Clerk PROVED AS TO FORM: S�4 ') City A1100ey iI UT A D ANM APPROVED: If Information ervic Director REVIEWED AND APPROVED: ,,-'-tity Administrator 0 0 CITY OF: mlv� e,,c— M In V Dated: /I q /0 3 Approved As To Form. - City Attorney jti to A4 (,.YCY- • CITY OF: LA HABRA ATTEST By: B MAYOR, Juan Garcia Or+LA Uti/•G�FPOk�� JANUARY 20 * 132R t City Clerk , Sharie Apodaca ��1� ? � CAL�F� Dated: August 4, 2003 Approved As To Form: City Attor Richard Jcofie= CITY OF: La Palma I In M Dated: ` OC,TA).y . } 1u, Approved As To Form: City Attorney 11 C" OF: ATTEST: By:i La,� .a"�`-- By City Clerk m 2 M-PA - MR. - �ovrvriYr � Approved As To Form: City Attorney • 0 CITY OF: Laouna Hills ATT By: By: ., Mayor City Clerk ` Mary A. CZjr; s Jn Dated: August 26, 2003 Approved As To Form: City Attorney Lois E. Jeff r(q • 0 CITY OF LAGUNA NIGUEL Dated: August f. 20 2003 By - Mike Whipple Title: Mavor ATTEST: Pamela Lawrence Acting City Clerk APPROVED AS 1-0 FORM BY THE CITY ATTORNEY FOR THE CITY OF LAGUNA NIGUEL, CALIFORNIA Ter y E Dixon, E�y City At rney Iv[0-3 0 r CITY OF: �f c- J f-. e JJJ ATTEST' By: By: City Cleric Dated:z0:�:/G'' Approved As To Form: City Attorney f CITY OF: i ako Fnract ATTES By: % MAYOR By: ATTEST: /. X/c,(/✓:�: L�i�L� Wit: City Cierh ` Dated: August 5, 2003 Approved As To Form: City Attorney • • CITY OF: 64 Z-44.� By:- Mand'A M. Poe, Mayor ATTEST: Susan C. Vanderpool, City Clerk Dated: 2fja-ta APPROVED AS TO FORM: Dea erleth, ity Attorney • • r CITY OF: ATTEST: By: By: City Clerk Dated: (?" 1,5-�)3 Approved As To Form: City Attorney # %Dftby 0"M p Mft d P** *MVw4w" •nd to�po� w � aw � � �os�rM �r �! ss saop�sd !tie pwabr M"MY� a C&MO is CA V qr d ate. CITY" OF NEW RT BE• H By Dated: U )even Bromberg 1 vor f_L . ,. �_ l r i Dated: LaVonne Harkless. City Cler'� OF Jpy~ APPROVE J�1S TO FORM: ' BY. �v `Rohert . Burnham. C:tv Auornev CERTIFIED AS A TRUE AND. CORRECT COPY UTvCIE 101 OF IH� CftypF S-W MINUTES ORANGE COUNTY FIRE AUTHORITY IFwcutke Committee Meeting August 33. 2003 h:00 P.I. c 12. Appro,al of 800 1111Z Backbone Cost -Sharing Agreement with ()range County Sheriff Department. Communications Di%ision On motion of \-ice Chair Blake and ;zzcond by Director Rttschel. the Executi\c Committee \-oted unanimously to apprrne time terms of the Amendment to the .Joint Agreement for the Implementation and Operation of the Orange County 800 MHz Count%lk,lde Coordinated Communications Systcni (CCCS) and authorize the Fire Chief to execute t\.o copies of the .Joint Agreement Amendment. OCf= -\ Minutes Executive Committee \7erum., Au_ust 28, 200' ORANGE COUNTY FIRE AUTHORITY L B�- Cha' an Dated.- ATTEST-. � C is ' U Clerk of the Authority APPROVED AS TO FORM- t By: Authority Counsel Dated.- ` - CITY OF: ORANGE Y "Meurphy, r By: ATTEST: City Clerk Cassandra J. Cathcart Dated - Approved • CITY OF: PLACENTIA .j ATTEST: By: ` SCOTT P. BP4DY, MAYOR An I City Clerk Dated: OCTOBER 2I, _200.3 Approved As To Form: City Attorney THOMAS F. NIXON, CITY ATTORNEY CITY OF: Rancho Santa Margarita ATTEST: B Thompson, Mayor -22 Debbie Zaun, City Q Jek Dated: Approved As To Form: City Attorney enE. Cavanau'gh, City Itt ney CITY OF SAN CLEMENTE By Stephanie . orcy Title: Mavor ATTEST: CITY tVAK of the City 01 San CIe ente. California Dated -_-- Approved as to Form 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 o i gVI/ i C_.-J G ff, -ayar - ATTEST:-44 U40" l / MAr aret R. Monahan, City Clerk APRRQVEUAS TO FORM. - John Shaw, City Attorney Date I - 5 -G 3 Date A6LO- Datd 'rar r�repomp G+5lruniMt C0�(8 � �t [Se6 ariolg 210 faRID :ms ctiiee. Attest: of 01 Cnv clerk of the Litt of San Juan C�0 5t2teat Gifu { (///' CITY OF: SANTA ANA r . By. DAVID N. REAM City Manager By: - ATTE ALY City Clerk Dated: Approved As To Form: City Attorney JOSEPH W. FLETCHER r� • • CITY OF: SEAL BEACB A ST: By: By:� 64y"C4erk ` Dated: r� Approved As To Form: City Attorney AtVC�I paek4� Patricia E. Ciunp be ], ayor City of Seal Beach i 0 CITY OF: STPkM TM t►l ATTEST: ' 2 By: By' { . r. da City Clerk Dated: $ - N ~ O 3 Approved As To Form: City Attorney CITY OF: Tustin ATTEST, By: AAtq-1 By: Tracy Worley Hagen, Mayor 9 '//V12tt' r City Ciprk, Pamela Stoker Dated. August 4, 200.E Approved As To Form: City Attorney Lois Jeffrey, 04 " CITY OF: -e1n-A-ai , ATTE&F. By: .-4 ELLIL, Mayor Dated: /a S..3 Approved As To Form. City Attorney CITY OF WESTMINSTER Don Vestal, City Manager ATTEST: rAm.- �� /Lr� IM1411 ■ Approved As To Form: 0 • CITY OF- YORBA LII4DA By: JAMES R. WIN2EP MAYOR ATTEST: r City Clerk Dated Approved As To Form: BEST BEST & KRIEGE-11. LLr City Attorney SONIA R. CARVALHC CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 8, 2005 OCSDICommunications Division Division of Local Assistance 840 N. Eckhoff Street, Suite 104 Orange, CA 92868-1021 Attn: Susan Markey CALIFORNIA 92648 Dear Ms. Markey: Enclosed is the executed original of the Joint Agreement for the Operation. Maintenance and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System. Please return a copy of the fully executed agreement to my attention upon completion of all cities signing. Your cooperation is very much appreciated. Sincerely, oan L.Oynn"" City Clerk JF-pe Enclosures Q-fol lo,Amp-agrmtltr STelephane- 714-536.5227) JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE, AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM NOVEMBER 2004 Joint Agreement Nov232004 Final TABLE OF CONTENTS 1. SYSTEM............................................................................................................................. I 2. DEFINITION OF TERMS................................................................................. 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM ............................3 4. OPERATIONAL POLICIES — FIRE SUBSYSTEM...........................................................3 5. OPERATIONAL POLICIES — LIFEGUARD SUBSYSTEM..............................................4 6. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEM......................................4 7. OPERATIONAL POLICY....................................................................................................4 8. OPERATIONAL POLICY REVIEW...................................................................................6 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 I 15. SYSTEM MODIFICATIONS AND COST SHARING.....................................................I I 16. ADDITIONAL PARTICIPATING AGENCIES/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 i • 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 [OCCOPSA], 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 to public entities. RECITALS: 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)ICommunications Division as the "Lead Agency" in maintaining and enhancing the System. Joint Agreement Nov232004 Final Page 1 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 Sheriff's Department, Orange County City Police Departments, Orange County District Attorney'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 Agreement 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 Sheriff's 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. 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM The Orange County Chiefs of Police and Sheriff's Association (OCCOPSA) is an established organization composed of representatives from the Sheriffs 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 responsibility 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. 6. 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 OCSD/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 interoperability 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 MHz 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 MHz channels must give back licenses on existing system frequencies. These "give - up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. 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 thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when 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 retuned to the FCC for cancellation not more than thirty (30) days after transfer of public works operations to the 460 MHz channels. Joint Agreement Nov232004 Final Page 7 Any city that does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use another city's "give -up" 460 MHz GREEN channel in a cellular re -use pattern. 11.0 SYSTEM TECHNICAL MANAGEMENT Proper operation of a modern, bunked, multi -channel communications System requires centralized technical coordination. OCSD/Communications 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. 113 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 Lost/Stolen/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 mct 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 OCS D/Communi cations 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 cast 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. OCS D/Communi cations 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 53,295 per radio for Federal or State agency participation and 52,480 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 Governance 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 terms, 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 System 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 sharing 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 l 1 The cost for any modification intended for the sole use and support of a single Partner or Participating Agency shall be home 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/Percentage 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: 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 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 OCSDICom.munications 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. 153 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 200/6 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 i 001/o 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 $4.1 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 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. 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 cast -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.I and 16 of the 800 MHz CCCS Joint Agreement. 15.8 BudgetlYear-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 (I 5L) 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 fees for this account will be 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 sites) 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. 15.10 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 Conuninee will develop a long-range plan and establish a multiyear 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. 1b. ADDITIONAL PARTICIPATING AGENCIES OR CONSOLIDATION OF PARTICIPATING AGENCIES Law Enforcement/Public Works/Fire/Lifeguard Agencies may be added to the system with approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. (Refer to Section 13.1.) The System must adhere to FCC minimum 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 regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. 16.3 - Adding Non-City/Non-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 design 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 reconunended 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 Nan-Cityl 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. 16A Adding Mutual Aid Providers Certain governmental and non -governmental Mutual Aid Providers may be granted access to the subsystems, for the expressed purpose of providing Mutual Aid to a Participating Agency. Access may only be granted by the bodies described in Sections 3, 4, 5, 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 sponsoring 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 "Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement which acts or omissions constitute gross negligence. 18. GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz 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 Participating 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 �i t� 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 Agreement Nov232004 Final Page 20 III 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: f f ;3 Approved As to Form: County Counsel CITY OF: Huntington Beach ATTEST: Approved As to Form: City Attorney Joint Agreement Nov232004 Final ORANGE COUNTY FIRE AUTHORITY t By:- ChairFnan Dated: ?JO,5- ATTEST: CIA 'j-1i ckf�� erk o the Authority APPROVED AS TO FORM: By: A hority Counsel Dated: �'-2---F O 6— SIGNED AND CERI IED THAT A COPY OF THIS OOCU HAS BEEN DELNEREa o THE C IRIYSAN OF TH ATTEST DARLEN J. BMIA CLERK ¢F THE WARD 4F SUPERVISORS ORANGE COUNTY. WFORNIA r� EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT RESPONSIBLE CITY ADDRESS PHONE # ADMINISTRATOR A1iso Viejo City Manager 12 Journey, Suite 100 949/425-2512 Aliso Viejo, CA 92656-5335 Anaheim City Manager 200 S. Anaheim Blvd 714f7b5-5162 Anaheim, CA 92805 Brea City Manager 1 Civic Center Circle 714/990-7770 Brea, CA 92821-5732 Buena Parr City Manager 6650 Beach Blvd 714f562-3550 Buena Park, CA 90620 Costa Mesa City Manager 77 Fair Drive Costa Mesa, CA 92626 7141754-5328 Cypress City Manager 5275 Orange Avenue 714/229-6688 CyRress, CA 90630 Dana Point City Manager 33282 Golden Lantern, Suite 203 9491248-3513 Dana Point, CA 92629 Fountain Valley City Manager ] 0200 Slater Avenue Fountain Valley, CA 92708 714/593�410 Fullerton City Manager 303 W. Commonwealth Ave 714/738-6310 Fullerton, CA 92832 Garden Grove City Manager 11222 Acacia Parkway 714l741-S 100 Garden Grove, CA 92840 Huntington Beach City Administrator 2000 Main Street Huntin on Beach, CA 92648 714/536-5575 1 Civic Center Plaza Irvine City Manager P.O. Box 19575 9491724-6246 Irvine, CA 92623-9575 La Habra City Manager 201 E. La Habra Blvd. 562/905-9701 La Habra, CA 90633 La Palma City Manager 7822 Walker Street La Palma, CA 90623 714/690-3333 Laguna Beach City Manager 505 Forest Avenue LagunaBeach, CA 92651 9491497-0704 Laguna Hills City Manager 24035 El Toro Road 949l707-2610 Laguna Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road La na Ni el, CA 92677 949/362-4300 Laguna Woods City Manager 24264 El Toro Road 949/639-0525 Laguna Woods, CA 92653 Lake Forest City Manager 25550 Commcreentre 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 949i470-3051 Mission Viejo, CA 92691 Exhibit A as 11/03/04 -1- t EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT RESPONSIBLE CITY ADDRESS PHONE # ADMINISTRATOR Newport Beach City Manager 3300 Newport Blvd. 9491644-3000 Newport Beach, CA 92663-3884 Orange City Manager 300 East Chapman Ave. 714/744-2222 OranLe, CA 92866 Placentia City Administrator 401 East Chapman Ave 714/993-8117 Placentia, CA 92870 Rancho Santa Margarita City Manager 22112 El Pasco 949/635-1800 Rancho Santa Margarita, CA 92688 ext. 210 San Clemente City Manager 100 Avenida Presidio 949/361-8322 San Clemente, CA 92672 San Juan Capistrano City Administrator 32400 Pasco Adelanto 949/443-6317 San Juan Capistrano, CA 92675 Santa Ana City Manager 20 Civic Center Plaza 7141647-5200 Santa Ana, CA 92701 Seal Beach City Manages 211 8th 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 714/573-3010 Tustin, CA 92780 Villa Park City Manager 17855 Santiago Blvd. 714/998-L500 Villa Paris, 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 7141961-7110 Yorba Linda, CA 92886 West Cities Communications Center West -Comae 911 Seal Beach Blvd. 562/594-7243 (West -comet Administrator Seal Beach, CA 90740 Exhibit A as 11/03/04 -2- f (ib 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 Attorney P. 0. Box 808 714/834-3636 Santa Ana, CA 92702 405 W. 5a Street Health Care Agency Director Santa Ana, CA 92701 San 7141834-6254 Integrated Waste 320 N_ Flower St., Suite 400 Directoro 714/834-4 [ 2Z Management Department Santa Ana, CA 92703 John Wayne Airport Airport Director 3160 Airway Avenue 949/252-5183 Costa Mesa, CA 92626-4608 1535 E. Orangewood Avenue7141937-4701 Probation Department Chief Probation Officer Anaheim, CA 92705 Resoumm & Development 300 N. Flower Street Management � Director Santa Ana, CA 92703-5000 714/834�b43 550 N. Flower St. Sheriff -Coroner Sheriff -Coroner P. 0. Box 449 7141647-1800 Department Santa Ana, CA 92703 FIRE SERVICES RIE;SPONSiBLE ADMINISTRATOR ADDRESS PHONE # Orange County Fire 1 Fire Authority Road Fire Chief 714/573-6010 Authority Irvine, CA 92602 Metro Net Firc Dispatch Communications 20l So. Anaheim Blvd., Suite 302 Center Manager Anaheim, CA 92805 7l4/765-0077 Exhibit A as 11/03/04 -3- EXHIBIT B i CITY USERS LAW PUBLIC LIFEGUARD WORKS FIRE ALISO VIEJO SHERIFF OCFA ANAHEIM x X X BREA ; x x x BUENA PARK I x X OCFA COSTA MESA ' x ! X X CYPRESS X i X OCFA DANA POINT SiiER)FF X OCFA FOUNTAIN VALLEY X i X x FULLERTON x x x GARDEN GROVE I x X x HUNTINGTON BEACH X I X I X I X IRVINE X X I OCFA LA HABRA x x i x LA PALIMA ! X X OCFA LAGUNA BEACH X i X X X LAGUNA HILLS I SHERIFF ' X OCFA LAGUNA NIGUEL SHERIFF I X 1 OCFA LAGUNA WOODS SHERIFF OCFA LAKE FOREST SHERIFF I I OCFA LOS ALAMITOS i x ti X OCFA MISSION VIEJO SHERIFF X I OCFA NEWPORT BEACH ti X X X X ORANGE i X x X PLACENTtA x I X ; OCFA RANCHO SANTA MARGARITA m SHERIFF I OCFA SAN CL.EMENTE SHERIFF X X OCFA SAN JUAN CAPISTRANO SHERIFF i X OCFA SANTA ANA X I x x SEAL BEACH X X X OCFA STANTON SHERIFF X OCFA TUSTIN x I X OCFA VILLA PARK 5HSRIFF x OCFA WESTMINSTER i X X OCFA YORBA LINDA BREA I X OCFA WEST-COMM x ; �- METRONET x COUNTY USERS LAW PUBLIC woRres LIFEGUARD FIRE DISTRICT ATTORNEY x FICA x iWMD "- K JOHN WAYNE AIRPORT X~- X Y J�-v- PROBATION X RDMD X _ - X. SHERIFF -CORONER X OCFA - --� -�- --------- - X Exh04 8 ih 11/03104 EXHIBIT B MUTUAL AID USERS LAW PUBLIC WORKS LIFEGUARD FIRE AFRC FIRE DEPARTMENT X AMR AMBULANCE BOEING FIRE DEPARTMENT X X CALIFORNIA HIGHWAY PATROL X CALIFORNIA STATE PARKS X ; 1 CALIFORNiA STATE UNIVERSITY FULLERTON POLICE x i CAMP PENDLETON FIRE DEPARTMENT X CARE AMBULANCE + i X CDF RIVERSIDE F E DEPARTMENT X CORONA FIRE DEPARTMENT X DISNEYLAND FIRE DEPARTMENT X DOCTOR'S AMBULANCE i X EMERGENCY AMBULANCE X FBI x HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT PD- X LA HABRA HEIGHTS FIRE DEPARTMENT i X LAGUNA BEACH COUNTY WATER DISTRICT i x LOS ANGELES COUNTY SHERIFF AERO BUREAU i X ME= AMBULANCE i X MERCY AIR I i X NAVAL WEAPONS STATION FIRE DEPARTMENT ; i i X NORTHROP GRUMMAN FIRE DEPARTMENT X SADDLEBACK COLLEGE POLICE DEPARTMENT X i SANITATION DISTRICT OF ORANGE COUNTY X i SCHAEFER AMBULANCE X UNITED STATES FOREST SERVICE a i X UNIVERSITY OF CALIFORNIA IRVINE POLICE X Eah;oil 8 jh 11l03104 41 ( EXHIBIT C �• 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR AFRC Fire Department Tom McKinnon 4250 Constitution 562n95-2144 Los Alamitos, CA 90720 AMR Ambulance Ernie Chavez 10662 Stanford Ave. 714/63$�200 Garden Grove, CA 92840 Boeing Fire Department Scott Bolton 2600 Westminster Blvd 5621797-3188 Seal Beach, CA 90740 California Highway Patrol 3865-A W. Commonwealth Ave. Helicopters Bob Fablec Fullerton, CA 92833 7141449-7091 California State Parks Ken Kramer $471 North Coast Highway949/497-1582 Laguna Beach, CA 92651 California State University Box 6 Fullerton Police and Fire Sgt_ Bob Baker 714/278-2904 u Fll Fullerton, CAA 92834�i806 Departments Camp Pendleton PO Box 555211 Chief Timothy Hoover 760I7254321 Fire Department Camp Pendleton, CA 92055 Care Ambulance Rick Richardson 8932 Katella Ave., Suite 201 7141828-7750 Anaheim, CA 92804 CDF Riverside 210 W. San Jacinto Ave Chief Mike Burton 951/940-6900 Fire Department Perris, CA 92570 Deputy Chief Marcus 815 W. 6d' Street Corona Fire Department Billington Corona, CA 92882 9091736-2220 Disneyland Fire Lon Cahill 1313 S. Harbor Blvd. 714/7$1�666 Department Anaheim, CA 92803-3232 Doctoes Ambulance Jim Ignacio 23091 Terra Drive 949/951-8535 Laguna Hills, CA 92653 ext. 206 Emergency Ambulance Jim Kan -as 3200 East Birch pA 714/990-1742 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. 714/53b-7521 High School District Police Huntington Beach, CA 92646-2999 La Habra Heights Fire John Nielsen 1245 N. Hacienda Road 5621694-8283 Department La Habra Heights, CA 90631 Laguna Beach 306 Third Street Dennis Hoffer 949/497-2585 County Water District Laguna Beach, CA 92651 Los Angeles County 3235 Lakewood Blvd. Sheriff Aero Bureau Capt. James DiGiovanna 562/421-2701 Arco Bureau Long Beach, CA 90808 Exhibit C as I t/03/04 -I- (0 EXHIBIT C 446 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR Medix Ambulance Michael Dimas 26021 Pala Drive 949/470-8921 Mission Viejo, CA 92691 Mercy Air Aaron Oshima P.O. Box 2532909/841-2882 Fontana, CA 92334 Naval Weapons Station Larry Bach Fire Division Code N23 Seal Beach Blvd 562/626-7005 Fire Department Seal Seal Beach, CA 90740-5000 Northrop Grumman Fire Sam Luque 33000 Avenida Pico 9491361-7011 Department San Clemente, CA92673 Saddleback College 28000 Marguerite Parkway Chief Harry Farmer 949/582-4585 Police Department Mission Viejo, CA 92692 Sanitation District of Howard Lemblce 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 Lames Nosdenger P. O. Box 897 8581695-0258 Service Poway, CA 92074 University of California, Lt. Jeff Hutchinson 150 Public Services Building 449/824-L 140 Irvine Police Department Irvine, CA 92697-4900 Exhibit C as 1 1/03/04 -2. EXHIBIT D 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTICIPATING AGENCIES AGENCY RESPONSIBLE ADMINISTRATOR ADDRESS PHONE # Exhibit D as 11/03/04 -1- p^. ORANGE COUNTY P. O. Box 57115, Irvine, CA 92619-7115 FIR)E�� AUTHORITY • 1 Fire Authority Road, Irvine, CA 92602-6125 Chip Prather, Fire Chief (714) 573-6000 www.ocfa.org e- % i T ids - D 85ZO N v c —An May 2, 2005 GCS A City of Huntington Beach v Joan Flynn, City Clerk 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Flynn: For your records, enclosed is a fully executed copy of the Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 Megahertz Countywide Coordinated Communications System. Sincerely, Lydia Slivkoff Assistant Clerk of the Authority Attachment Serving the Cities of. Aliso Viejo • Buena Park • Cypress • Dana Point • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest • La Palma Los Alamitos • Mission Viejo • Placentia • Rancho Santa Margarita -San Clemente • San Juan Capistrano • Seal Beach • Stanton o Tustin • Villa Park Westminster • Yorba Linda • and Unincorporated Areas of Orange County RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES r--. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ ` REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: J, - TO: ATTENTION: Al.-?E Cif/ems' Name � F/ E .c /Tti1�li'a4c� Street A�eb� ity, state, zip DEPARTMENT: a / _' "T,10 See Attached Action Agenda Item 4 - lirl Date of Approval 3 2/ Q� Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item Jjr-'L) City Clerk Attachments: Action Agenda Page CC: r A . i? 4'g dam. %�Do Name Narne Name Name g:/followup/letters/coverltr.doc _♦ • i ` �� ice:=�i�r,• nEffM ��u L� r. a �t / a � •AA Agree m entS RCA F b Z artment Nam, s yx. Department Bonds Insurance Deed Other RCA Agreement Insurance Other RCA Agreement Insurance Other Department RCA Agreement Insurance Other Department RCA Agreement Insurance Other Department RCA Insurance ITelephone: 714-536-52271 CITY OF HUNTINGTON EACH MEETING DATE:' 3/9/2005 DEPARTMENT ID NUMBER: IS 05-004 CITY OF HUNTINGTON BEACH Council/Agency Meeting Held: 0 — Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied C e&sAigna r� Council Meeting Date: 3/21/2005 Department ID Number: IS-05-04 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY UN IL MEMBERS �CUL SUBMITTED BY: PENELO TH-GRAFT, CIT ADMINISTRATOR �. J PREPARED BY: Behzad Zamanian, Acting Information Services Director'2 SUBJECT: Joint Agreement for Countywide 800 MHz Voice Radio System Fstatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: In February 1996 the Orange County Board of Supervisors approved a Joint Agreement for implementation and operation of the Orange County 800 Megahertz Countywide Coordinated Communications System (800 MHz CCCS). During the past several months, the Governance Committee has directed its efforts to the full rewrite of the agreement which is attached for the City Council's consideration. Funding Source: There is no new funding obligation by approving this agreement; however, the financial obligation this year for Huntington Beach's share of the 800 MHz CCCS backbone cost is $232,209, which has been approved by Council and budgeted in Account 10042155.67740. Recommended Action: Approve and execute the Joint Agreement for the Operation, Maintenance and Financial Management of the 800 MHz CCCS dated November 2004, and authorize the Mayor and City Clerk to execute two copies of the Joint Agreement, one for the County Clerk and one original for the City Clerk's records. Alternative Action(s): There is no practicable alternative action. Analysis: Prior to the implementation of this system, the various agencies in the county communicated on assigned UHF radio frequencies. These frequencies were not encrypted. The available frequencies were scarce and many had to be shared by other agencies. Agencies could not communicate with other users outside their agency and users on special assignments that took them outside their jurisdictions could not communicate back to their agencies. The old system was over twenty -years old and obsolete and maintenance support was no longer available. In short, the old system had to be replaced. RCA Author: Jim Moored -11- 3/9/2005 CITY OF HUNTINGTON BEACH MEETING DATE: 3/9/2005 DEPARTMENT ID NUMBER: IS 05-004 To address these problems, with the County as lead agency, all Orange County agencies participated in a county -wide project to upgrade and replace the communication system at a cost of approximately $80 million. Motorola was the vendor selected. It is a highly complex system designed to handle over 16,000 radios with only 68 frequencies. To make it work, an equally complex radio infrastructure of radio transmitters and receivers had to be installed in twenty-two locations throughout the county, all controlled by a central station at Loma Ridge. The technical term for this Motorola infrastructure is SmartNet but is referred to as the "backbone" in this agreement. The cost -sharing discussed in this agreement is to pay for the on -going maintenance of the backbone. On February 6, 1996, the Orange County Board of Supervisors approved the original Joint Agreement for the implementation and operation of the Orange County 800 Megahertz Countywide Coordinated Communications System (800 MHz CCCS). This agreement addressed City/County partnership responsibilities and financial obligations for the implementation of the 800 MHz CCCS in Orange County. It was executed by the then-31 cities and the Orange County Fire Authority. This agreement was amended by the Board of Supervisors on June 24, 2003, to include the backbone cost -sharing agreement negotiated by the County, 34 cities and the Orange County Fire Authority. Each of the 34 cities and the Orange County Fire Authority executed the amendment. The initial annual cost that began last year for Huntington Beach's pro-rata share of the system was $212,373. However, per the terms of the agreement the aggregate percentage amount that the cities must pay increases in the subsequent two years. It began at 49% last year but increases to 54.4% this year ($232,209) and 59.82% next year (amount to be determined based upon radio count). The percentage does not increase after the third year. The purpose for this three -tiered increase was to help the cash -strapped cities bear the fully loaded financial burden over time. A Governance Committee of seven individuals was formed to plan this project. It is comprised of the City Managers from Costa Mesa, Lake Forest, Tustin, Santa Ana and from the County: the Sheriff, Deputy CEO from the County Executive Office and the Director for the Resources and Development Management Department. During the past several months, the committee has directed its efforts to the full rewrite of the 800 MHz Joint Agreement. The original Joint Agreement addressed the initial system implementation. This updated Joint Agreement addresses the ongoing partnership responsibilities for the operation, maintenance and financial management of the 800 MHz system, including the backbone cost -sharing amendment. The overall agreement reflects the input of the Orange County City Managers' Association, the Orange County Chiefs' of Police and Sheriff's Association, and the Orange County Fire Chiefs' Association. The Orange County City Managers' Association formally approved the revised 800 MHz Joint Agreement at its October, 2004 meeting. In keeping with the history of this project, the updated agreement reflects a partnership effort on behalf of the public safety community in Orange County. Each city executed the 800 MHz Joint Agreement in early 1996 and the Amendment to the Joint Agreement in 2003. RCA Author: Jim Moore -2- 3/9/2005 CITY OF HUNTINGTON BEACH MEETING DATE: 3/9/2005 DEPARTMENT ID NUMBER: IS 05-004 All 34 cities and the Orange County Fire Authority are now being asked to approve the revised Joint Agreement for the Operation, Maintenance and Financial Management of the 800 MHz CCCS, which addresses post -implementation issues. Attachment 1 provides the final version of the updated agreement for adoption. Attachment 2 includes the strike -out version of the agreement and an April 15, 2004 cover letter from the Orange County Sheriff -Coroner's Office summarizing the rewritten text. Basically, the revisions eliminate the obsolete provisions related to the implementation phase which has been completed. Other changes are non -substantive. There is no fiscal impact to the City by these changes. Environmental Status: Not applicable. Attachment(s): 1. 1 Revised 800MHz CCCS Joint Agreement dated November, 2004 2. IOriginal Joint Agreement dated January 30, 1996 showing modifications and cover letter from the County RCA Author: Jim Moore -3- 3/9/2005 ATTACHMENT #1 JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE, AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM NOVEMBER 2004 Joint Agreement Nov232004 Final TABLE OF CONTENTS 1. SYSTEM ................................... ............................................................................................I 2. DEFINITION OF TERMS....................................................................................................2 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM ............................3 4. OPERATIONAL POLICIES — FIRE SUBSYSTEM...........................................................3 5. OPERATIONAL POLICIES — LIFEGUARD SUBSYSTEM............................................4 6. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEM............................:.........4 7. OPERATIONAL POLICY............................................................................... ..............4 8. OPERATIONAL POLICY REVIEW...................................................................................6 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...........................................................11 15. SYSTEM MODIFICATIONS AND COST SHARING ..................................................... I I 16. ADDITIONAL PARTICIPATING AGENCIES/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 [OCCOPSA], 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 to public entities. RECITALS: 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. 'Me Parties hereby designate Orange County Sheriff -Coroner Department (OCSD)/Communications Division as the "Lead Agency" in maintaining and enhancing the System. Joint Agreement Nov232004 Final Page 1 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 Sheriff's Department, Orange County City Police Departments, Orange County District Attorney'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 Agreement 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 Sheriff's 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. 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEM The Orange County Chiefs of Police and Sheriff's Association (OCCOPSA) is an established organization composed of representatives from the Sheriffs 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 responsibility 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. b. 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. 71 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 OCSD/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 interoperability 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 MHz 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 MHz channels must give back licenses on existing system frequencies. These "give - up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. 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 thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when 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. Joint Agreement Nov232004 Final Page 7 Any city that does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use another city's "give -up" 460 MHz GREEN channel in a cellular re -use pattern. 11.0 SYSTEM TECHNICAL MANAGEMENT Proper operation of a modern, trunked, multi -channel communications System requires centralized technical coordination. OCSD/Communications Division has established a 24-hour System Watch at Loma Ridge to assure seamless operation of this complex system. The infi-astructure 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 Lost/Stolen/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 Governance 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 terms, 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 System 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 sharing 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 11 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/Percentage 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: 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 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 $4.1 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 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. 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 (15L) 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 fees for this account will be 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 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. 15.10 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 be added to the system with approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. (Refer to Section 13.1.) The System must adhere to FCC minimum 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 regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. 16.3 Adding Non-City/Non-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 design 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 granted 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 sponsoring 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 "Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement which acts or omissions constitute gross negligence. 1& GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz 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 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. 19. AGREEMENT AMENDMENT PROCESS This Agreement may be amended or modified by consent of all of the Governing Authorities representing the Parties. 20. 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 Participating 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 Agreement Nov232004 Final Page 20 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 ORANGE ( A B: 'Y r Y• Dated: Board of Supervisors Approved As to Form: County Counsel CITY OF: Huntington Beach ATTEST: By: 4ELDS;—nl� ay r By: Approved As to Form: City Attorney a Joint Agreement Nov232004 Final set their hands counterparts of ORANGE COUNTY FIRE AUTHORITY By: Chairman Dated: y lam, 8�b� ATTEST: erk or the Authority APPROVED AS TO FORM: By: ev A hority Counsel Dated:' �' O SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM T HAS BEEN DELIVERED TO THE C, IRMAN OF TH ARD ATTEST" •' DARLEN J. BLOOM _ I CLERK QTHE BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT RESPONSIBLE CITY ADDRESS PHONE # ADMINISTRATOR Aliso Viejo City Manager 12 Journey, Suite 100 949/425-2512 Aliso Viejo, CA 92656-5335 Anaheim City Manager 200 S. Anaheim Blvd. 714/765-5162 Anaheim, CA 92805 Brea City Manager 1 Civic Center Circle 714/990-7770 Brea, CA 92821-5732 Buena Park City Manager 6650 Beach Blvd 714/562-3550 Buena Park, CA 90620 Costa Mesa City Manager 77 Fair Drive Costa Mesa, CA 92626 714/754-5328 Cypress City Manager 5275 Orange Avenue 714/229-6688 Cypress, CA 90630 Dana Point City Manager 33282 Golden Lantern, Suite 203 949/248-3513 Dana Point, CA 92629 Fountain Valley City Manager 10200 Slater Avenue 714/593-4410 Fountain Valle , CA 92708 Fullerton City Manager 303 W. Commonwealth Ave 714/738-6310 Fullerton, CA 92832 Garden Grove City Manager 11222 Acacia Parkway 714/741-5100 Garden Grove, CA 92840 Huntington Beach City Administrator 2000 Main Street 714/536-5575 Huntington 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 562/905-9701 La Habra, CA 90633 La Palma City Manager 7822 Walker Street 714/690-3333 La Palma, CA 90623 Laguna Beach City Manager 505 Forest Avenue 949/497-0704 Laguna Beach, CA 92651 Laguna Hills City Manager 24035 El Toro 949/707-2610 LagunaRoad Hills, CA 92653 Laguna Niguel City Manager 27801 La Paz Road 949/362-4300 Laguna Niguel, CA 92677 Laguna Woods City Manager 24264 El Toro Road 949/639-0525 Laguna 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 11/03/04 -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. 714/744-2222 Orange, CA 92866 Placentia City Administrator 401 East Chapman Ave 714/993-8117 Placentia, CA 92870 Rancho Santa Margarita City Manager 22112 El Paseo 949/635-1800 Rancho Santa Margarita, CA 92688 ext. 210 San Clemente City Manager 100 Avenida Presidio 949/361-8322 San Clemente, CA 92672 San Juan Capistrano City Administrator 32400 Paseo Adelanto San Juan Capistrano, CA 92675 949/443-6317 Santa Ana City Manager 20 Civic Center Plaza 714/647-5200 Santa Ana, CA 92701 Seal Beach City Manager 211 8th 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 714/573-3010 Tustin, CA 92780 Villa Park City Manager 17855 Santiago Blvd. 714/998-1500 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 92886 West Cities West -Comm 911 Seal Beach Blvd. Communications Center Administrator Seal Beach, CA 90740 562/594-7243 (West -Comm Exhibit A as 11/03/04 -2- EXHIBIT A 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTIES TO AGREEMENT COUNTY RESPONSIBLE AGENCY/ ADDRESS PRONE # ADMINIST'RA'TOR DEPARTMENT 401 Civic Center Drive West District Attorney District Attorney P. 0. Box 808 714/834-3636 Santa Ana, CA 92702 405 W. 5h Street Health Care Agency Director 714/834-6254 Santa Ana Ana, CA 92701 Integrated Waste 320 N. Flower St., Suite 400 Director 714/834-4122 Management Department Santa Ana, CA 92703 3160 Airway Avenue John Wayne Airport Airport Director _ 949/252-51'83 Costa Mesa, CA 92626-4608 1535 E. Orangewood Avenue Probation Department Chief Probation Officer 714/937-4701 Anaheim, CA 92705 Resources & Development 300 N. Flower Street Director 714I8344643 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 PRONE # Orange County Fire 1 Fire Authority Road Fire Chief 714/573-6410 Authority Irvine, CA 92602 et Fire Dispatch Communications 201 So. Anaheim Blvd., Suite 302 ECente 714/765-4077 Manager Anaheim, CA 92805 Exhibit A as 11/03/04 -3- EXHIBIT B CITY USERS LAW PUBLIC WORKS LIFEGUARD FIRE ALISO VIEJO SHERIFF OCFA ANAHEIM ! X X X BREA i X i X X BUENA PARK X X OCFA COSTA MESA ! X f X + X CYPRESS X X OCFA DANA POINT SHERIFF X OCFA FOUNTAIN VALLEY j X ! X J X FULLERTON X X i X GARDEN GROVE X X ! X HUNTINGTON BEACH X I X X i X IRVINE X X i OCFA LA HABRA X X i X LA PALMA X X 1 OCFA LAGUNA BEACH X X i X X LAGUNA HILLS SHERIFF X i OCFA LAGUNA NIGUEL SHERIFF I X ; OCFA LAGUNA WOODS SHERIFF i OCFA LAKE FOREST SHERIFF 1 I OCFA LOS ALAMITOS I X X OCFA MISSION VIEJO i SHERIFF X j OCFA NEWPORT BEACH X X i X X ORANGE X X X PLACENTIA X X OCFA RANCHO SANTA MARGARITA SHERIFF OCFA SAN CLEMENTE SHERIFF X X OCFA SAN JUAN CAPISTRANO SHERIFF i X OCFA SANTA ANA X X X SEAL BEACH X X X OCFA STANTON SHERIFF i X ; OCFA TUSTIN X I X OCFA VILLA PARK SHERIFF X ; OCFA WESTMINSTER i X X OCFA YORBA LINDA BREA X OCFA WEST-COMM X I METRONET i I X COUNTY USERS LAW PUBLIC WORKS LIFEGUARD FIRE DISTRICT ATTORNEY X HCA i X IWMD X JOHN WAYNE AIRPORT X X PROBATION X RDMD X X SHERIFF -CORONER X OCFA X Exhibit B jh 11/03/04 EXHIBIT B MUTUAL AID USERS LAW PUBLIC WORKS LIFEGUARD FIRE AFRC FIRE DEPARTMENT X AMR AMBULANCE I X BOEING FIRE DEPARTMENT ; X CALIFORNIA HIGHWAY PATROL ? X CALIFORNIA STATE PARKS X j CALIFORNIA STATE UNIVERSITY FULLERTON POLICE X i I CAMP PENDLETON FIRE DEPARTMENT a ; j X CARE AMBULANCE ! i X CDF RIVERSIDE FWE DEPARTMENT ! X CORONA FIRE DEPARTMENT i ! X DISNEYLAND FIRE DEPARTMENT ' X DOCTOR'S AMBULANCE X EMERGENCY AMBULANCE X FBI X ; HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT PDI X i LA HABRA HEIGHTS FIRE DEPARTMENT I X LAGUNA BEACH COUNTY WATER DISTRICT ! I X LOS ANGELES COUNTY SHERIFF AERO BUREAU i X ! MEDtX AMBULANCE i X MERCY AIR X NAVAL WEAPONS STATION FIRE DEPARTMENT i I X NORTHROP GRUMMAN FIRE DEPARTMENT X SADDLEBACK COLLEGE POLICE DEPARTMENT X i SANITATION DISTRICT OF ORANGE COUNTY X SCHAEFER AMBULANCE I X UNITED STATES FOREST SERVICE ! ! X UNIVERSITY OF CALIFORNIA IRVINE POLICE X Exhibit 8 jh 11/03/04 EXHIBIT C 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR AFRC Fire Department Tom McKinnon 4250 Constitution 562/795-2144 Los Alamitos, CA 90720 AMR Ambulance Ernie Chavez 10662 Stanford Ave. 714/638-6200 Garden Grove, CA 92840 Boeing Fire 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 Helicopters Fullerton, CA 92833 California State Parks Ken Kramer 8471 North Coast Highway 949/497-1582 Laguna Beach, CA 92651 California State University Fullerton Police and Fire Sgt. Bob Baker P.O. Box 6 714/278-2904 Fullerton, CAA 92834-6806 Departments Camp Pendleton PO Box 555211 Chief Timothy Hoover 760/725-4321 Fire Department Camp Pendleton, CA 92055 Care Ambulance Rick Richardson 8932 Katella Ave., Suite 201 714/828-7750 Anaheim, CA 92804 CDF Riverside 210 W. San Jacinto Ave Chief Mike Burton 951/940-6900 Fire Department Perris, CA 92570 Deputy Chief Marcus 815 W. 6d' Street Corona Fire Department Billington Corona, CA 92882 909/736-2220 Disneyland Fire Lon Cahill 1313 S. Harbor Blvd. 7l4/781-466b Department Anaheim, CA 92803-3232 Doctor's Ambulance Jim Ignacio 23091 Terra Drive 949/951-8535 Laguna Hills, CA 92653 ext. 206 Emergency Ambulance Jim Karras 3200 East Birch #A 714/990-1742 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 Habra Heights Fire John Nielsen 1245 N. Hacienda Road 562/694-8283 Department La Habra Heights, CA 90631 Laguna Beach 306 Third Street Dennis Hoffer 949/497-2585 County Water District Laguna Beach, CA 92651 Los Angeles County Sheriff Aero Bureau Capt. James DiGiovanna 3235 Lakewood Blvd. 562/421-2701 Areo Bureau Long Beach, CA 90808 Exhibit C as 11/03/04 -1- EXHIBIT C 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM MUTUAL AID USERS MUTUAL AID USERS RESPONSIBLE ADDRESS PHONE # ADMINISTRATOR Medix Ambulance Michael Dimas 26021 Pala Drive 949/470-8921 Mission Viejo, 92691 Mercy Air Aaron Oshima 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 33000 Avenida Pico Department Sam Luque San Clemente, CA92673 949/361-7011 Saddleback College 28000 Marguerite Parkway Chief Harry Parmer 949/582-4585 Police Department Mission Viejo, CA 92692 Sanitation District of Howard 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 92697-4900 Exhibit C as 11/03/04 -2- EXHIBIT D 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM PARTICIPATING AGENCIES AGENCY RESPONSIBLE ADMINISTRATOR ADDRESS PHONE # Exhibit D as 11/03/04 -1- ATTACHMENT #2 840 N. ECKHOFF STREET SUITE 104 ORANGE, CA 92868-1021 (714) 704-7900 FAX (714) 704-7902 April 15, 2004 To: From: Subject: ERIFF-CORONER DEPARTMEr COUNTY OF ORANGE CALIFORNIA MICHAEL S. CARONA SHERIFF -CORONER COMMUNICATIONS ASSISTANT SHERIFFS JO ANN GALISKY DON HAIDL KIM MARKUSON DOUG STORM 800 MHz Governance Committee Members Susan Markey, Administrative Manager, OCSD/Communications Rewrite of 800 MHz CCCS Joint Agreement The 800 MHz CCCS Backbone Cost-Sharing/Joint Agreement Subcommittee held a final meeting on April 8th to review a final draft of the 800 MHz Joint Agreement Amendment in revision mode. Several changes were made and are reflected in the attached draft. The black reflects original wording of the Joint Agreement that remains unchanged. The red highlighting reflects changes that were distributed to the law, fire, public works and lifeguard communities for comment in November 2003. The blue highlighting reflects proposed changes since that date. I have also included a clean copy of the final draft agreement so that you can view the new document as now proposed. The attached draft in revision mode reflects a number of assumptions that have been highlighted in blue as follows: 1. Key definitions are reflected as follows: a. Governing Authorities: The Governing Authorities include the governing bodies for the original partners to the system, including the County of Orange, the 34 cities, and the Orange County Fire Authority. b. Partner Agencies: The Partner Agencies include those law enforcement, fire services, lifeguard, paramedic and public works operations that are governed by the Governing Authorities. c. Participating Agencies: Participating agencies are those agencies that have joined the 800 MHz CCCS for everyday use since its original inception, do not have a role in defining its operation, and are paying to join the system based on a predefined allocation. (To date, none has joined.) PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES: ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON - VILLA PARK HARBORS, BEACHES & PARKS • JOHN WAYNE AIRPORT • OCTA • SUPERIOR COURT MDRUG USE IS AS Rewrite of 800 MHz C S Joint Agreement April 15, 2004 Page 2 d. Mutual Aid Providers: Mutual aid providers are defined as any governmental or private organizations, not otherwise defined in this Agreement, that have a legitimate Mutual Aid operational requirement with another Partner or Participating Agency. 2. Language has been introduced on the following issues: a. The cost considerations and channel loading requirements for new Participating Agencies to join the system (Section 13.1). b. Further definition on emergency radios in Section 16.2. c. The funding sequence for payment of future system and infrastructure upgrades (Section 16.5). d. The proposed inclusion of radio site construction and infrastructure for new housing developments as part of Mello -Roos costs (Section 16.5). e. The introduction of an independent audit at the end of each fiscal year for backbone cost -sharing expenses. Based on the Subcommittee meeting on March 4, this cost has now been included in backbone cost -sharing expenses (Section 16.93). f. The retention of City/OCFA/County infrastructure contributions in either a County account or the escrow account (Section 16.9.c.). g. The reference to funding of future major replacements/upgrades (Section 16.12). h. Proposed change requested by Newport Beach in Section 18. (This requires further County review.) Exhibits A, B, C and D have also been updated. If you have any questions, I can be reached at (714) 704-7907. Thank you in advance for your review of this lengthy document. Attachment cc: Joe Robben, Director, OCSD/Communications Division Norma Roberts, Staff Analyst, OCSD/Communications Division Robert Stoffel, Emergency Communications Coordinator, OCSD/Communications Jennifer Phillips, Assistant to the City Manager, City of Fullerton DRAFT JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE, AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM TABLE OF CONTENTS REVISE WHEN JOINT AGREEMENT HAS BEEN FINALIZED. 1. SYSTEM............................................................................................................................... I 2. DEFINITION OF TERMS.................................................................................................... I 3. OPERATIONAL POLICIES - LAW ENFORCEMENT SUBSYSTEMS ..........................3 4. OPERATIONAL POLICIES - PUBLIC WORKS SUBSYSTEMS....................................3 5. OPERATIONAL POLICIES - FIRE SUBSYSTEMS.........................................................4 6. OPERATIONAL POLICY....................................................................................................5 7. OPERATIONAL POLICY REVIEW...................................................................................6 8. MUTUAL AID......................................................................................................................6 9. RELINQUISHING EXISTING OPERATING CHANNELS..............................................8 10. SYSTEM TECHNICAL MANAGEMENT..........................................................................8 11. SYSTEM MODIFICATION COST APPROVALS...........................................................10 12. CONTRACTS.....................................................................................................................10 13. FUNDING...........................................................................................................................11 14. EQUIPMENT FACILITIES AND STRUCTURES...........................................................12 15. SYSTEM MODIFICATIONS AND COST SHARING.....................................................13 16. ADDITIONAL PARTICIPATING AGENCIES/USERS OR CONSOLIDATION OF PARTICIPATING AGENCIES....................................................................................14 17. LIABILITY.........................................................................................................................16 18. GOVERNANCE COMMITTEE.........................................................................................16 19. AGREEMENT AMENDMENT PROCESS.......................................................................17 20. AGREEMENT DATE.........................................................................................................17 JOINTAGREEMENT2003 Page i 4/15/04 JOINT AGREEMENT FOR THE 114P EMENT � TION OPERATION, MAINTENANCE AND FINANCIAL rr.�crai. r►r�rr�-riz v�r�- MANAGEMENT OF THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM This Agreement is entered into on � l—?4 ;-996 , 2004 by and between the Parties listed on Exhibit "A" which is attached hereto and incorporated herein. (Exhibit A will be has been updated to include Aliso Viejo, Laguna Woods, and Rancho Santa Margarita. Exhibit B has been updated and includes the Partner Agencies and Mutual Aid Agencies currently operating on the system and Mutual Aid Operations on the system. Exhibit C has been added and includes the current list of Mutual Aid operations on the system, including base hospitals, ambulance companies, paramedic receiving hospitals, etc., and will be updated as the appropriate body (Orange County Chiefs of Police and Sheriffs Association, Orange County Fire Chiefs' Association. Orange County Public Works Committee, or Orange County Lifeguard Committee) authorizes any additional mutual aid operations for inclusion. Exhibit D includes 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 to public entities. WITNESSETH: Whereas, the initial installation and implementation of as the 800 MHz Countywide Coordinated Communications System (800 MHz CCCS, is desirable; has been completed, And Whereas, the Parties to the Agreement want to define operational, technical and financial guidelines going forward, Now, Therefore, in consideration of the mutual covenants, conditions, agreements and stipulations hereinafter expressed, the Parties hereby agree as follows: 1. SYSTEM The 800 MHz CCCS, hereinafter referred to as System, shall be 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 and appropriate change orders. The Parties hereby designate Co e G A Orange County Sheriff - Coroner Department (OCSD)/Communications Division as the "Lead Agency" in operating, maintaining and enhancing the System. JointAgreement2004RevisionFormat 4/15/2004 Page 1 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 Patqieipating Partner Agencies, responsible for approving cost modifications. Exhibit "A" provides a list of City, County, and Orange County Fire Authority administrators representing these bodies. (Hew de ., shettid they jein? it fflay fiet be neeessafy as the intent of this "Law Enforcement Agency" is defined as all governmental Law Enforcement Agencies operating primarily within the limits of Orange County, as follows: Orange County Sheriff's Department, Orange County City Police Departments, Orange County Marshal's Pepa.tment, Orange County District Attorney's Office, and Orange County Probation Department. , (Note: The Communications Division is covered under Sheriff, Animal Control is a Public Works function, and, the law enforcement component of JWA is provided by Sheriff. JWA Authority is a public works function.) "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. er- User- e€ System. 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 Pai4ieipafifig Partner Agencies who operate a joint dispatch center, or a combination of radio dispatch talkgroups used by a fixed group of Partieipati-ng Partner Agencies. "New City" is defined as a city incorporated after the effective date of this Agreement. JointAgreement2004RevisionFormat 4/15/2004 Page 2 "Non-City/Non-County User" is defined as a special district, water district, sanitation district, or similar governmental or quasi -governmental agency. These are net Participating Agencies. ID "Participating Agency" is any agency that has joined the 800 MHz CCCS for everyday use since its original inception, but does not have a role in defining its operation and is paying to join the system based on a predefined allocation. " Partner Agencies" are those agencies identified in Exhibit "B" that Im wi44 are be operating on the 800 MHz System. (The original Joint Agreement Exhibit B is at4aehed but will need t has been updated to reflect new City operations added to the 800 MHz CCCS.) Revisit definitien of " Ageneies". Should GAP Santa -Ana -Unified --School Pier-ie , State Par -Ole shetild they be defined as agenetes vefsds City and County "Parties" are defined as the County of Orange, incorporated cities in the County of Orange, and Orange County Fire Authority, which are listed in Exhibit "A." (As fieted eaflief, hew do we want to address Atter-e ageneies that join the system "Public Works Agency" is defined as, and shall include, all County or City departments, 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, affd 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 twee 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. The Governance Committee must assure operational integration of all three four systems. "System Backbone" is defined as those portions of the System Backbone that provide the means by which dispatch centers and mobile radios communicate with each other, and is composed of mobile -rely radio infrastructure equipment, microwave equipment, and associated control equipment. (May want te updat J oi ntAgreem ent2004 Revision Format 4/15/2004 Page 3 "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. 3. OPERATIONAL POLICIES — LAW ENFORCEMENT SUBSYSTEMS (Robert Stoffel revised entire operational sections for consistency and accuracy.) low• •rM .. .. .. .. r. Mm • brA3 • r_ • r. _ e 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. JointAgreement2004RevisionFormat 4/15/2004 Page 4 4. OPERATIONAL POLICIES — FIRE SUBSYSTEMS 1 IN Y. . I. Y_ 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 responsibility 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 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 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. JointAgreement2004RevisionFormat 4/15/2004 Page 5 6. OPERATIONAL POLICIES — PUBLIC WORKS SUBSYSTEMS ------------- Y. Y 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. 6: 7.0 OPERATIONAL POLICY 64 7.1 Law Enforcement Subsystems Y. . w • Y_ . . V low. • JointAgreement2004RevisionFormat 4/15/2004 Page 6 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 decision. 647.2 Fire Subsystems 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 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 decision. 63 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 decision. JointAgreement2004RevisionFormat 4/15/2004 Page 7 6A 7.4 Public Works Subsystems 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 decision. 4.4 7.5 Standard Operating Procedures 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 OC S D/Communi cations and will be updated any time an approved change is made to this document. Section 11.3 of this Agreement addresses the security requirements of this system for Partner Agencies, Participating Agencies and Mutual Aid Agencies. 6:4 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. �- 8. OPERATIONAL POLICY REVIEW Robert Stoffel has redrafted this section as follows: 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 OC S D/Communi cations when appropriate. Review would be required any time policy is developed that crosses over into another Subsystem. Review is not required any time policy is developed that is specific to one Subsystem only. A thirty (30)-day review period prior to policy implementation shall ensure appropriate time for review. Exceptions can be made JointAgreement2004Rev ision Format 4/15/2004 Page 8 when the policy is of an emergency nature and immediate implementation is necessary for safety purposes. All emergency decisions 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 interoperability and compatibility. PIMM 8: 9. MUTUAL AID 8.49.1 Mutual Aid Policies and Procedures J oi ntAgreement2004Revision Format 4/15/2004 Page 9 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 following Mutual Aid Plans. 84 9.2 Mutual Aid Plans The following Mutual Aid plans Plans shall establish Mutual Aid operational procedures for all Participating Agencies. Orange County Mutual Aid Implementation Plan for the Use of the 800 MHz 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. Any proposed modifications to the plan must be reviewed and approved by the Governance Committee, if needed, prior to submission to the State. Orange County Mutual Aid Plan for the Use of the 800 MHz Local Mutual Aid Channels The plan willc was prepared by theOrangeCount), GSA OCSD/Communications Division and ShefiWs Efnefgeney Managem with the approval of the Partner and Participating Agencies, based upon approval by the OCCOPSA, OCFCA, n�xr-. PG OCPWC and OCLC, as appropriate. 83 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 talkgfeups established subject to approval of the OCCOPSA and the OCFCA as it affects their respective communications. JointAgreement2004 Revision Format 4/15/2004 Page 10 9: 10.0 RELINQUISHING EXISTING OPERATING CHANNELS Note: This section is still a requirement. The Santa Ana Public Works and Anaheim Public Utilities Department channels have yet to be transitioned. At a minimum, the cities of San Clemente, Seal Beach and Mission Viejo have yet to fully transition their Public Works operations to the 800 MHz system (if at all). Should outside agencies join the 800 MHz CCCS, the give -up requirement would still stand on their 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 MHz channels must give back licenses on existing system frequencies. These "give - up" channels will then be redistributed to meet the needs of other agencies in Southern California which have not been met with the limited 800 MHz channels available. 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 thirty (30) days after transfer and acceptance of law enforcement and/or public works operations to the System. An exception to the paragraph above is when 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. Any city that does not have a 460 MHz law enforcement "give -up" GREEN channel to use for public works may be able to use another city's "give -up" 460 MHz GREEN channel in a cellular re -use pattern. as is gene euffently wit 11.0 SYSTEM TECHNICAL MANAGEMENT Proper operation of a modern, trunked, multi -channel communications System requires centralized technical coordination. The inter -$et ve nat ,-e of these systems r-equifes that standards be established and adhered te r-iger-atisly. 1=axit5 JointAgreement2004RevisionFormat 4/15/2004 Page 11 of fien standard use of the System by Paf4ieipafing Ageneies ean adversely affee OCSD/Communications 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. 4114 11.1 Technical Liaison Committee The 800 MHz Technical Liaison Committee shall be 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. 44.4 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 be de-.,elep 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 Lost/Stolen/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. 44-.3-11.4 Approved Equipment The initial System implementation will eensi:st consisted of equipment supplied by the original system equipment vendor and will tBeet met the technical requirements of the System. The —Teehnical—L-parson—Eem, Ree OCSD/Communications shall compile a list of this approved equipment and make it available to all Participating Agencies. In the future, as newer equipment from JointAgreement2004RevisionFormat 4/15/2004 Page 12 the original vendor or anethe other vendors becomes available, the Teehnieal Liaison Committee County 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. OC S D/Communi cations will be responsible for negotiating pricing on new equipment with recommendations forwarded to the Governance Committee for final approval. 444 11.5 Technical Standards and Equipment Evaluation The Geiunty ef Ofange G OCSD/Communications Division maintains engineering and technical staff whose task is to maintain, manage and operate —tilti user- Baekbene Systems. the 800 MHz CCCS. Technical management of the System shall continue to be the responsibility of the Orange OC S D/Communi cations Division. County technical staff shall evaluate new radio subscriber equipment for adherence to technical standards prior to ' esults shall be pr-evict *^ referring said equipment 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, D`x'�-.. — and—SCFGA, OCFCA Communications Committee, OCLC Communications Committee, and OCPWC, with final approval by the Governance Committee. 14-. 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. JointAgreement2004 Revision Format 4/15/2004 Page 13 Note: Any of these actions would likely be covered under the annual backbone cost -sharing review and allocation -setting process that would be approved by each Governing Party during the fiscal year budget process. However, it would likely be best to retain this section so shared cost obligations are addressed. 4-2. 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. 424 13.1 County Responsibilities County shall negotiate and enter into agreements or contracts with the various vendors as contemplated in this Agreement. County shall make payments due and payable under such agreements on behalf of Partner and Participating Agencies. Note: The following section needs to be made consistent with new Section 17.3 in terms of adding new users. and should also be e-,,aluated in light of r-eeent County shall negotiate and enter into agreements with new Participating Agencies Ids 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 OC S D/Communi cations 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 Joi ntAgreem ent2004Rev ision Format 4/15/2004 Page 14 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 an a separate agreement as established by the Governance Committee. The Governance Committee is given said authority under this Agreement with the understanding that adequate fees will be charged as appropriate. Said addend separate agreement shall address any direct or indirect compensation to Pai4ieipating Partner Agencies 'ems for System Backbone usage by new Participating Agency(s). ef: 3ser{s} • County shall obtain the approval of the Governance Committee to determine the appropriate additional terms, conditions, and costs to be included in said addendum. • Any such new Participating Agency(s) er- User(s) hereafter who shall desire to become a party to this Agreement may do so by executing a copy of this said separate Agreement and assenting and agreeing to all of the terms, conditions and buy in system entry and operational costs thereof. • Compensation may take the form of improvement or modification of System or other contribution for the benefit of all Participating Partner Agencies./ Users. 4� 14. FUNDING 4-34 14.1 System Acquisition (Initial System Acquisition is completed so all sections are deleted.) 7M.;kz'mW. JointAgreement2004Revision Format 4/15/2004 Page 15 Note: Backbone cost -sharing allocations will be approved within each city's fiscal year budget on an annual basis. (Cost allocations will be provided 90 to 120 days prior to the first of each fiscal year.) It is not recommended that fiscal year obligations be treated as an Exhibit that would require annual approval by Governing Authorities. WOMEN r"Mr. r. Al TrWRTMIffiraw. NOW Im 44. 15. EQUIPMENT FACILITIES AND STRUCTURES Additional facilities, structures, and modifications wi11 may be needed to implement the System, including System Backbone facilities and System Field Equipment facilities (e.g., dispatch centers). 44.4 15.1 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 Joi ntAgreem ent2004Rev is ion Format 4/15/2004 Page 16 44.2 15.2 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. Field Equipment Facilities Individual Partner and Participating Agencies shall, at 4s their sole Participating Agency expense, expand or modify its existing Partner or Participating Agency structures, facilities, or dispatch centers as required to support the installation or enhancement of Partner or Participating Agency System Field Equipment. 4-5: 16. SYSTEM MODIFICATIONS AND BOARD OF SUPERVISORS ON COUNCILS AND OCFA) 454 16.1 System Modifications COST SHARING (APPROVED BY JUNE 24, 2003 AND BY CITY System modifications may be needed from time to time to meet the changing needs of Participating Agencies. System modifications, expansions or enhancements will not be allowed without technical review by the County and approval by the Governance Committee. System modifications recommended by County and agreed to by the Governance Committee will then be forwarded to Governing Authorities for approval, as appropriate, fe fleeted in _evised Sehedules "C" an ," and implemented by County. Cost sharing of future System Backbone modifications shall be determined based on the benefit to be derived by individual Partner or Participating Agencies. 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 Partner or Participating Agencies in a manner agreeable to those Partner or Participating Agencies. The cost -sharing formula for future System modifications involving all Partner or Participating Agencies will be developed by the Governance Committee and agreed to by the Governing Authorities. Exhibits " " will be upd ni - _ 1�1��-IAlt•��.i�...��\iI��1...li��lt��.i t..1T1 �7111�L 1t1�R�L sif..l.�t!1 .12i1 JointAgreement2004 Revision Format 4/15/2004 Page 17 16.2 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 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 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 cost of the System Backbone in each applicable fiscal year. JointAgreement2004 Revision Format 4/15/2004 Page 18 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 Agency, 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. 4&.4 16.3 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. 1&.4 16.4 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 16.2.A above. Said payments shall be made on a quarterly basis in advance within thirty days of billing. (Note: Consider adding 13.3 to this section.) 16.5 New Site Development and Infrastructure Fund The County will place the approximately $4.1 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 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 J ointAgreement2004 Revision Format 4/15/2004 Page 19 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 City of Newpef4 Beaeh is r-equesting that @f- the -GeveFa3cervrncittee-in-avvmicc-ef that date. 2-rcct•@i—fr6n-Chi c�r MeDefiell states that he believes it is iffipeftafit that all invelved pai4ies have en The Governance Committee Subcommittee determined not to change this language as these funds are strictly provided by the County.) The County, Cities, fange- Geunty Fife -merit 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 funds contributed to the system entry fee from new Participating Agencies if any 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. County 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 to pay for design and construction costs for radio sites required to address outstanding coverage issues that remain from initial 800 MHz CCCS implementation. • County to evaluate the inclusion of radio site construction and infrastructure for new housing developments as part of Mello -Roos costs. 4-r6 16.6 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. JointAgreement2004RevisionFormat 4/15/2004 Page 20 16.7 No Change to Governance Structure The Governance Committee structure set forth in Section 4-8 19 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 800 MHz System, is not changed by this Amendment. (This section would be deleted upon establishment of complete Joint Agreement revision.) 48 16.8 New Users of CCCS New users of the System shall be charged pursuant to the policy established by the Governance Committee under Section 4-6 13.1 of the 800 MHz `CCCS Joint Agreement. 4-" 16.9 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 eifies�OCF" Partner or 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 g independent audit 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 shall be made known to the Partners on the 800 MHz CCCS. Thereafter, to the extent there have been contributions made by the eeenty, eaeh eity, the OC-F c Partner 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 (15L) 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. If the Governance Committee determines that these funds will be held in the third -party escrow account, the annual cost and fees for this account will be included as a backbone cost -sharing expense. As designated under the 800 MHz Escrow Agreement, unless otherwise Joi ntAgreement2004 Revision Format 4/15/2004 Page 21 modified, escrow account funds can only be spent for Motorola expenditures in support of system enhancements or infrastructure costs. D. ' 2�z Failure to Pay (This section was moved.) Should any paf4i6pating ageney 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 defaults by Governing Authorities, and the County reserves the right to pursue any and all available rights and remedies at law or in equity. 15.10 16.10 800 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 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. 15.11 16.11 Effective Date The effective date of this Amendment (original Section 15) to the 800 MHz CCCS Joint Agreement shall be July 1, 2003. (Revisit upon revision of full 800 MHz Joint Agreement). 16.12 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. JointAgreem ent2004 Revision Format 4/15/2004 Page 22 4H: 17. 44.4 17.1 4" 17.2 ADDITIONAL PARTICIPATING AGENCIESS OR CONSOLIDATION OF PARTICIPATING AGENCIES Law Enforcement/Public Works/Fire/Lifeguard Agencies may be added to the system with approval by that Agency's Governing Authority, support by appropriate operational committees, and approval of Governance Committee. The System is designed to support multiple Participating Agencies. New Participating Agencies may only be added to the System within channel loading limits without degrading the level of service. (Refer to Section 13.1.) The System must adhere to FCC minimum 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. 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. Adding Participating Agencies: New Incorporated or Contract Cities Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to form their own departments. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to an independent city system similar to other cities. Any System Field Equipment or other costs associated with the transition of a New City or Contract City to the System shall be the responsibility of the city unless addressed in a separate agreement with County. Consolidation of Law Enforcement Agencies, Public Works Agencies or Fire Agencies Cities presently contracting for law enforcement, fire or public works services from the County or other Participating Agencies may in the future desire to consolidate with other departments to form regionalized systems. In such cases, the County shall work with these agencies to develop an appropriate system design and implementation plan to transition to a consolidated system. Any System Field Equipment or other costs associated with the transition of a Contract City or Independent City to form with others in a consolidated unit shall be the responsibility of the consolidated entity, unless addressed in a separate agreement with the County. J ointAgreem ent2004Revision Format 4/15/2004 Page 23 46-.3 17.3 46A 17.4 Adding Non-City/Non-County Users Participating Agencies Newly formed Non-City/Non-County Users Agencies that do not participate in the System in its initial implementation may desire to use the System. County shall work with any such Use Agency to develop an appropriate system design and implementation plan to transition to the System after approval is recommended by OCCOPSA, WALK and QCF ^, OCFCA, OCLC, and OCPWC, as appropriate, and approved by the Governance Committee. A New Non-City/Non-County User Participating Agency (Update based on new Governance Committee Policy; revisit Section 424 13.1 as duplicative. Section 4ZA 13.1 also refers to in -kind contribution, e.g., channels.) A use Participating 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 of this Agreement. as detefmined by the Gavemane Funds from this eserew account may be used for Backbone System enhancements for the benefit of all Partners and Participating Agencies. and -Users. Enhancements shall be recommended by the Technical Liaison Committee and OCCOPSA, P D4C- anQ GGcQT OCFCA, OCLC, and OCPWC as appropriate, with final approval by the Governance Committee. Approved enhancements involving cost sharing shall be submitted to the Governing Authorities for approval as appropriate. Any Backbone System modification costs required to transition a New Non -City/ Non -County User to System shall be the responsibility of the new Non-City/Non- County User. Any System Field Equipment costs associated with the transition of a New Non- City/Non-County User Participating Agency to System shall be the responsibility of the new Non -City/ Non -County User -Agency. 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 Partner or Participating Agency. Access may only be granted by the bodies described in Seeti ns 3, ^, ` and 6.1, 6.2, and 6.3 (to be renumbered) of this Agreement. Any Backbone System modification costs associated with adding a Mutual Aid Provider to the System shall be the responsibility of the Mutual Aid Providers and/or the sponsoring Agency(s). JointAgreem ent2004Revis ion Format 4/15/2004 Page 24 18. 19. 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). LIABILITY Each Party listed in Exhibit "A" (the "Indemnitor") shall indemnify, defend, and hold all other parties, and their agents and employees (the "Indemnitees") harmless from all claims, liabilities, damages, and losses to the Indemnitees arising out of any acts or omissions of itself and its agents and employees in connection with the performance of this Agreement which acts or omissions constitute gross negligence. (Revised language was proposed by Newport Beach; will require County Counsel review.) LS 110 =;-.- .. , GOVERNANCE COMMITTEE The 800 MHz Governance Committee will oversee implementation and operations of the 800 MHz System including assuring City, County and Orange County Fife ^ „tkenty Partner and Participating Agency compliance with payment schedules, addressing operational issues affecting System operation and backbone site development, reviewing and approving conversion, implementane ai+d modification and enhancement plans, approving contract pricing changes, resolving disputes between the stibsysteffis- or 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. 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 coordinating with their appropriate Governing Body approvals: below, will also be responsible for associations/agencies on issues involving JointAgreem ent2004 Revision Format 4/15/2004 Page 25 • Four City Managers appointed by the Orange County City Managers' Association • Chief Executive Officer, County of Orange, or Designee • Sheriff -Coroner, or Designee • GSA Dir-eeter--PFRD Resources and Development Management Department Director or Designee Each must designate and name an alternate as a voting member if member cannot attend. 4-4: 20. AGREEMENT AMENDMENT PROCESS This Agreement may be amended or modified by consent of all of the Governing Authorities representing the Parties. 28: 21. AGREEMENT DATE 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 Participating 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 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 or Participating Agencies 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 or Participating Agencies must be affected. 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. JointAgreement2004Rev is ion Format 4/15/2004 Page 26 COUNTY OF ORANGE Difeetef of General Sen,iees Board of Supervisors Dated: Approved As to Form: County Counsel CITY OF: ATTEST: By: By: City Clerk Dated: Approved As to Forrn: City Attorney Joi ntAgreem ent2004 Revision Format 4/15/2004 Page 27 F �A ROUTING SH:'.ET INITIATING DEPARTMENT: Information Services SUBJECT: Joint Agreement for the Countywide 800 MHz Voice Radio System COUNCIL MEETING DATE: IS 05-004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) AttachedNot Applicable ❑ (Signed in full by the City Attorne Subleases, Third Party Agreements, reements, etc. Attached Not Applicable El (Approved as to form b CityAttorne ) Certificates of Insurance (Approved b the Cif Attorne ( pp Y Y Y) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudget, over $5,000) hed Not AttacApplicable ❑ Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) hed Not AttacApplicable ❑ Findings/Conditions for Approval and/or Denial pp Attached Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION•- RETURN • IT RCA Author: Jim Moore 3/9/2005 SHERIFF -CORONER DEPARTMENT' r FA, G A COUNTY OF ORANGE CALIFORNIA 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, Deputy CEO/Govemment and Public Services David Ream, City Manager, City of Santa Ana Bob Wilson, Directodlntemal Services Function, Resources and Development Management Department February 1, 2005 To: Orange County City Managers From: Vlk'�Allan L. Roeder, Chairman 800 MHz Governance Committee Subject: 800 MHz CCCS Joint Agreement The Joint Agreement for the Implementation and Operation of the 800 MHz Countywide Coordinated Communications System (CCCS) was executed in early 1996 by the County of Orange, the then-31 cities and the Orange County Fire Authority. Cities which were incorporated after that date signed the agreement in 2003. An Amendment to the Joint Agreement was prepared in 2003 to address backbone cost -sharing issues. Each of the 34 cities and the Orange County Fire Authority approved that document in 2003. On October 28, 2004, the 800 MHz Governance Committee approved the updated Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County 800 MHz CCCS (attached), following review by the Orange County City Managers' Association and legal counsel. It was previously distributed for operational review and input to the Orange County Chiefs of Police and Sheriff's Association, Orange County Fire Chiefs' Association, Public Works Committee and Lifeguard Committee. The Orange County City Managers' Association formally approved the revised 800 MHz Joint Agreement at its October meeting. This agreement addresses the ongoing partnership responsibilities for the maintenance and financial management of the 800 MHz system, including the backbone cost -sharing amendment. The Agreement was approved by the Board of Supervisors on November 23, 2004, and is now ready for approval by each of the 34 City Councils. OCSD/COMMUNICATIONS, 840 N. ECKHOFF ST., STE. 104, ORANGE, CA 92868-1021 �sl�' • Page 2 A draft staff report has been included in this package to assist you with timely processing of the Agreement. Upon approval by your City Council, please forward one copy of the attached 800 MHz Joint Agreement with an original signature page to Susan Markey, OCSDICommunications Division, 840 N. Eckhoff Street, Suite 104, Orange, Califomia, 92868-1021. The entire Joint Agreement, with the 34 City and Orange County Fire Authority original signature pages, will be retained by the Clerk of the County Board of Supervisors. If you have any questions, I am available at (714) 754-5328. Specific questions regarding this updated Joint Agreement may be directed to Susan Markey at (714) 704-7905. I am requesting that each city return its executed agreement by April 1, 2005. I sincerely appreciate your processing of this amended 800 MHz Joint Agreement through your City Councils. Attachments cc: Tom Mauk, CEO William Mahoney, Deputy CEO, Government and Public Services City Police Chiefs City Fire Chiefs City Public Works Directors City Lifeguard Chiefs City Clerks CITY OF REQUEST FOR ACTION Background On February 6, 1996, the Orange County Board of Supervisors approved the original Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Countywide Coordinated Communications System (800 MHz CCCS). This agreement addressed City/County partnership responsibilities and financial obligations for the implementation of the 800 MHz CCCS in Orange County. It was executed by the then-31 cities and the Orange County Fire Authority. This agreement was amended by the Board of Supervisors on June 24, 2004, to include the backbone cost -sharing agreement negotiated by the County, 34 cities and the Orange County Fire Authority. Each of the 34 cities and the Orange County Fire Authority executed the amendment. Statement of Issue During the past several months, the Governance Committee has directed its efforts to the full rewrite of the 800 MHz Joint Agreement. The original Joint Agreement addressed the initial system implementation. The updated Joint Agreement addresses the ongoing partnership responsibilities for the operation, maintenance and financial management of the 800 MHz system, including the backbone cost -sharing amendment. The overall agreement reflects the input of -the Orange County City Managers' Association, the Orange County Chiefs' of Police and Sheriff's Association, and the Orange County Fire Chiefs' Association. The Orange County City Managers' Association formally approved the revised 800 MHz Joint Agreement at its October meeting. In keeping with the history of this project, the updated agreement reflects a partnership effort on behalf of the public safety community in Orange County. Recommended Actions Approve and execute the Joint Agreement for the Operation, Maintenance and Financial Management of the 800 MHz CCCS dated November 2004, and authorize the Mayor and City Clerk to execute two copies of the Joint Agreement, one original for the County Clerk of the Board and one original for the City Clerk's records. Alternative Action(s) There is no practicable alternative action. Analysis Each city executed the 800 MHz Joint Agreement in early 1996, and the Amendment to the Joint Agreement in 2003. All 34 cities and the Orange County Fire Authority are now being asked to approve the revised Joint Agreement for the Operation, Maintenance and Financial Management of the 800 MHz CCCS, which addresses post -implementation issues. Environmental Status Not Applicable Attachments Joint Agreement for the Operation, Maintenance and Financial Management of the 800 MHz CCCS