HomeMy WebLinkAboutOrange County Coordinated Fire Communications System (800 MHz Fire Radio System) - 1986-01-02 � J
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4C: O U NTY O F40FR^T-JQF_ Dkector,Genera!Servirss Agency
1 .i" A.S.RUBINO
2• %' 3 -_ Director of Oata Systems a Teterpsnmuntcattons
5 GENERAL SERVICES AGENCY R.M JONES
Manager
COMMUNICATIONS DIVISION
481 The City Drive South
Orange.California 92668
(714)834-2122
February 23, 1988
Raymond C. Picard, Chief
Fire Department
City of Huntington Beach
P. 0. Box 190
Huntington Beach, CA 92648
Dear Chief Picard:
Enclosed are two executed copies of the Lease-Purchase and Operational-Service
Agreement for the 800 MHz Fire Communications System.
If you have any questions, please call me at 834-2122.
Sincerely,
a
C. Jo es
gr
RCJ:ap
Enc. (2)
1226A
11 LEASE-PURCHASE AND OPERATIONAL-SERVICE AGREEMENT
2 FOR FIRE COMMUNICATIONS SYSTEM
3 FIELD EQUIPMENT AND SYSTEM BACKBONE
4
BETWEEN THE COUNTY OF ORANGE,
5
AND THE CITY OF
G
HUNTINGTON BEACH
7 �
8
9 This Agreement, made and entered into on 198B
10 i by and between the CITY OF HUNTINGTON BEACH , a municipal corporation
11 located within the County of Orange, hereinafter designated as "CITY",
I
12
and the COUNTY OF ORANGE, a body politic, located within the State of
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California, hereinafter referred to as "COUNTY. "
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W= IS
oV WITNESSETH:
4 z 16 WHEREAS, CITY and COUNTY have entered into an agreement entitled
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v° "JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE,
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COUNTY COORDINATED FIRE CONdMUNICATIONS SYSTEM, " hereinafter referred
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to as JOINT ACREEMENT; and
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WHEREAS, said JOINT AGREEMENT refers to, and defines a fire
21 ? communications system consisting of System Field Equipment and System
22
Backbone, hereinafter referred to as FIELD EQUIPMENT and SYSTEM
23
BACKBONE, respectively; and
24
WHEREAS, CITY desires to finance Fire Communications System
25
Equipment, in accordance with the terms of Section (4 .B.2) of the
2G
N "JOINT AGREEMENT" in the form of this lease-purchase and operational-
27
service agreement; and
i 28
12-08-87
BS7J157 i .
f
11 WHEREAS, COUNTY has previously entered into a lease dated July 1 ,
2i
1986 with the Orange County Public Facilities Corporation in con-
3 nection with the financing of the system FIELD EQUIPMENT and SYSTEM
d
BACKBONE, a copy of which has previously been provided to the CITY,
5
hereinafter referred to as the MASTER LEASE; and
6
WHEREAS, COUNTY shall sublease FIELD EQUIPMENT to CITY and
7
provide SYSTEM BACKBONE operational service to CITY for the term of
8
this agreement; and
9
WHEREAS, CITY agrees to pay CITY's proportional share for said
10
SYSTEM BACKBONE operation as specified in Attachment A;
11 NOW, THEREFORE, for and in consideration of mutual agreements,
12
covenants, promises and stipulations hereinafter contained, by the
13
parties hereto, CITY and COUNTY hereby agree as follows:
14
1. (a) This Document shall constitute an AGREEMENT between
Woo 15 CITY and COUNTY with respect to the Orange County Coordinated Fire
LF-"W 16
"max Communisations System, FIELD EQUIPMENT and SYSTEM BACKBONE. This
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agreement is entered into pursuant to and shall not alter, void, nor
18
invalidate any of the terms and conditions of the JOINT AGREEMENT. In
19
the event of any conflict between this agreement and the JOINT AGREE--
20
MENT the latter shall prevail. No alteration or additions to the
21
terms of this Agreement, whether verbal or written, shall be valid
22
unless made in writing, formally approved and executed by both parties
23 herein.
24
(b) CITY shall not delegate nor assign its responsibilities
h 25
hereunder without prior written approval by COUNTY.
26
N 2. (a) CITY agrees to sublease, FIELD EQUIPMENT, as shown on
4 27 Attachment B, and pay rent therefor in accordance with the rent
26
payment schedule listed in Attachment A. Title to said FIELD
12-08--87
BS7/157 2 .
1.
EQUIPMENT shall pass to CITY upon_ completion of the lease term. CITY
2
will operate said equipment in accordance with the terms of the JOINT.
3
AGREEMENT and policies adopted thereunder. CITY will only permit
4
personnel trained in the use of said equipment to operate same and
5
will be responsible for any damage to the equipment. CITY shall not
sublease said equipment without the COUNTY's permission.
7
(b) CITY will pay to COUNTY its proportionate share of the
8
cost of the SYSTEM BACKBONE as specified in the payment schedule
9
listed in Attachment A in consideration of benefits from the use of
IO
said system as provided in the JOINT AGREEMENT. Title to said SYSTEM
If
BACKBONE shall at all time remain in COUNTY.
12
(c) Payments under this agreement shall be made in accor-
13
dance with the schedules incorporated herein as Attachment A. CITY
14
,, may prepay the entire amount set forth in Attachment B for both FIELD
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woo 15 EQUIPMENT and SYSTEM BACKBONE at any time prior to the first scheduled
VVW 1b
o=: lease payment. After payment of the first scheduled payments, CITY
o'u 17
agrees to make all further payments in accordance with the payment
18
schedule shown on Attachment A.
19
3. COUNTY assumes no liability for any part or component
20
malfunction of the FIELD EQUIPMENT. If the manufacturer of the
21
materials provides coverage for such malfunction COUNTY' s obligation
22
to CITY is limited to returning the equipment to the manufacturer at
23
11 the CITY's expense.
24
4 . Each party agrees to indemnify and hold the other harmless
:- 2 5
P.
from any claims, demands or liability arising out of the acts or
26
omission of itself, and its agents and employees in the performance of
N
27
this contract.
T 28
12-08-87
BS71157 3 .
1 5 . In the event of a conflict between this agreement and the
2
terms of the MASTER LEASE, the latter shall prevail.
3 6. This agreement shall continue in effect during the term of
4
the MASTER LEASE.
6
7
10 11
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12
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13 11
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C 28 1/
12-08-87
BS7/157 4 .
1 � IN WITNESS WHEREOF, the parties hereto have hereunto set their
2 hands and seals on the date set forth opposite their respective
3 signatures on identical counterparts of this instrument, each of which
4
shall for all purposes be deemed an original thereof.
5
b n
DATED-.-- d� , 1988 COUNTY OF ORANGE
Wdypoliticman of the Bo -d of Supervisors
Signed and certified that a copy
10 of this document has been delivered
to the-Chairman of the Board
II
12 .
Linda D. Rob is
13 � Clerk of the *Board of Supervisors
County of Orange, California
ti z Z y 5 DATED: , , 19 8 CITY OF I3untington Beach
0ao a municipal corporation
u u 1
16
°oa 17 ATTEST:
. I
18 by 1' is M-- Wentworth Cit Clerk by
•19 Mayor
-
Deputy City Clerk
20
21 .Approved as to Form INITIATED AND APPROVED 3
22
b
23 Co my C nsel Fir Chief
24
Approved as to Form
25
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26
C y Atto�rTey
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12--08-87
BS7/157 5 .
PAYMENT SCHEDULE EXHIBIT A
CITY OF HUNTINGTON BEACH
BACKBONE SYSTEM SERVICE LEASE
Coupon Due Date Principle Interest Fy Payment
Interest mo yr Total
rate
5.4% 12-88 $39689.76
5.4% 6-89 $23,114.94 $3,689.76 $30,894.47
5.75% 12-89 $3,265.50
5.75a 6-90 $24,339.38 $3,265.50 $30,870.39
6.0% 12-90 $2,565.68
6.0% 6-91 $25,717.25 $2,565.68, $30,848.61
6.25% 12-91 $1 ,794.39
6.25% 6-92 $27,248.05 $1 ,794.39 $30,836.83
6.50% 12-92 $942.66
6.50% 6-93 $29,008.37 $942.66 $301,893.70
Backbone System - Total $129,428.00 $1549343.99
Service Lease
FIELD EQUIPMENT
Coupon Due Date Principle Interest Fy Payment
Interest mo-y r Total
rate
5.4% 12-88 $8,406.31
5.4% 6-89 $499954.56 $8,406.31 $66,767.17
5.75% 12-89 $7,057.20
5.75% 6-90 $52,600.73 $7,057.20 $66,715.13
6.0% 12-90 $5,644.79
6.0% 6-91 $55,578.51 $5,544.79 $66,668.08
6.25% 12-91 $3,877.92
6.25% 6-92 $58,886.78 $3,877.92 $66,642.61
6.50% 12-92 $2,037.22
6.50% 6-93 $62,691.07 $2,037.22 $66,765.51
Field Equipment - Total $279,711.64 $333,558.51
GRAND TOTAL $409,139.64 $487,902.50
NOTE 1 : All payments are due on the first day of the month indicated.
NOTE 2: The amount shown as Total Principle may be paid in full up to
the due date of the first payment.
0013J
ORANGE COUNTY COORDED FIRE COMMUNICATIONS SYSTEM`) EXHIBIT B
FIELD EQUIPMENT LISTING
CITY OF HUNTINGTON BEACH
UNIT
MODEL NO. DESCRIPTION PRICE QUAN. EQUIPMENT INSTALL
BASIC MOBILE PACKAGE
T45KEJ5G26-K SYNTOR 9000 $2,290 21 $48,090 21 IIISTALLS
W306 15 SUB-IFLT CALL $170 21 $3,570 0 $300 each
W3D5 16 SYSTEM SEL $170 21 $3,570 = $6,300
W822 DYNAMIC REGRP $85 21 $1 ,785
STANDARD DIGITAL CONTROL INCLUDED 21 $0
STANDARD CALL ALERT DEC INCLUDED 21 $0
STANDARD DUAL OPERATION INCLUDED 21 $0
STANDARD EMERGENCY CALL INCLUDED 21 $0
STANDARD 35 W TRANSMIT INCLUDED 21 $0
$2,715
BASIC MOBILE OPTIONS
W941 8STSWISG/ALERT $170 0 $0
W495 PRIORITY SCAM $85 2 $170
W269 SIREN/PA $550 0 $0
W820 CALL ALERT ENC $150 0 $0
WXXX REMOTE DIG. CH $600 17 $10,200 $2,550.00
wXXX HANDSET ( P) $85 38 $3,230
OPTIONAL MOBILE
D35TLA5G00-K MOSTAR MOBILE $1 ,630 24 $39,120 $6.000.00
B687 CALL ALERT DEC $43 24 $1,032
BXXX 15 SUBFLEET $200 17 $3,400
BXXX 16 SYSTEM $200 17 $3,400
B346 8 SUBFLEET $135 0 $0
B109 8 SYSTEM $128 0 $0
TONE S YDICE PAGER
800 MHZ PAGER $410 0 $0
BASIC PORTABLE
H35STC5170-?1 STX PORTABLE $2,209 28 $61,852
H269 16 SYSTEM $190 28 $5,320
H288 15 SUBFLEET $190 28 $5,320
H238 DYNAMIC REGROUP $95 28 $2,660
NLN8856 14 HR CHARGER $74 28 $2,072
$2,758
00243-1
10/06/87
ORANGE COUNTY FIRE CommUNICATIONS SYSTEM
.�' FIELD EQUIPMENT LIST- CITY OF HUNTINGTON BEACH
ti
UNIT
MODEL NO. DESCRIPTION PRICE QUAN. EQUIPMENT INSTALL
BASIC PORTABLE OPTIONS
HXXX DELETE 14HR CHRGR ($74.00) 24 ($1 ,776)
HXXX 6STS & 4MSG $190.00 0 $0
HXXX SUBFLEET SCAN $95.00 9 $665
H289 CALL ALERT $48.00 28 $1 ,344
BXXX LOW CAP BATTERY ($20.00) 0 $0
H - CARRY CASE ($12.00) 26 ($312)
IILN8858 SGL UNIT CHGR 1 HR $135.00 0 $0
NLN8988 6UNIT CHGR 1HR $570.00 3 $1 ,710
XXXX VEHICULAR CHARGER $300.00 23 $6,900 $1 ,495.00
PLN1193 CAPACITY TESTER $1 ,995.00 1 $1 ,995
CONVERTACOM $428.00 5 $2,140 $925.00
1/4 WAVE ANTENNA $19.00 5 $95
CONVERTACOM PKG $447.00
XXXX REMOTE DIG MIC $300.00 5 $1 ,500
N1353 15W TX PA $608.00 0 $0
NTN4327 SPARE BATTERY $125.00 10 $1 ,250
IITN4326 SPARE BAT LO-CAP $105.00 13 $1 ,365
XXXX SWIVEL CASE $46.00 0 $0
FIRE STATION PACKAGE
D35TLASGOO-K MOSTAR CTL. STAT. $19588.00 9 $14,292 $2,475.00
B665 CTL. OPERATION $221 .00 9 $1 ,989
B687 CALL ALERT DEC $43.00 9 $387
B116 EXTERNAL ALARM $64.00 9 $576
DB493 YAGI ANTENNA $53.00 9 $477
FSJI-50 SUPERFLEX 40 $60.00 9 $540
41 SW (2 EACH) MALE 11 CONN $16.00 9 $144
$2,045.00
OPTIONS
B346 8 SUBFLEET $135.00 0 $0
B829 8 SYSTEM $128.00 0 $0
BXXX 15 SUBFLEET $200.00 2 $400
BXXX 16 SYSTDI $200.00 2 $400
0024.3-2
10/06/87
' ORANGE COUNTY FIRE 04iUMICATIONS SYSTEMS
FIELD EQUIPMENT LISP - CITY OF HUNTINGTON BEACH
UNIT
MODEL NO. DESCRIPTION PRICE QUAN. EQUIPMENT INSTALL
DISPATCH CENTER EQUIPMENT
BASIC DISPATCH CENTER CONFIGURATION $3,400
L35VLB5174AMSPO5 SUPERCONSOLETTE $3,071 6 $18,426
L273 MTG. KIT WALL. $50 6 $300
L456AASP DYNAMIC REQROUP $100 1 $100
MY,1058 7.5' RACK $310 2 $620
BLN6200 AC UTILITY STRIP $56 3 $168
MiTLN9699 Tl/R1 REMOTE ADPT $306 6 $1 ,836
M4TL0698 T2/R2 MODULE $395 2 $790
ALTERNATE I 0 $0
L35VLB5174AMSPOS SUPERCONSOLETTE $3,071 0 $0
L336ADSP 15SUBFLEET $170 0 $0
L363ACSP 10 CONV+6 SYSTEM $170 0 $0
L441ASP CALL ALERT ENC $400 0 $0
L4LAESP SUBFLEET SCAN $85 0 $0
DB493 YAGI ANTENNA $52 0 $0
41SW MALE N CONN $8 0 $0
ALTERNATE II 0
T5113 CON/CPU/DR/KB/CRT $15,000 0 $0
L1226A PRINTER $595 0 $0
CRR920002 PRINTER CABLE $53 0 $0
BLN6316 MTG. PANEL $170 0 $0
OB493 YAGI ANTENNA $55 0 $0
FM-50 HELIAX 40' $50 0 $0
41 SW HALE N CONN $8 0 $0
ALTERNATE IIA 0
TBD XT CPU $5,495 0 $0
3C641 ETHERSHARE INTF. $625 0 $0
3C500A ETHERLINK INTF. $1 ,188 0 $0
TBD CPU $3,278 0 $0
3C530-007 ETHERNET CABLE $50 0 $0
ALTERNATE IIA THEREAFTER
TBD CPU $3;278 D $0
3C500A ETHERLINK INTF. $1 ,188 D $0
3C530-007 ETHERNET CABLE $50 0 $0
0024J-3
1 D/06/87
z: ORANGE COUNTY FIRE COP14UNICATIONS SYSTEM
• ; :_ ,• ;: FIELD EQUIPMENT LIST - CITY OF HUNTINGTON BEACH k�a)
UNIT
MODEL NO. DESCRIPTION _ PRICE__ QUAN. EQUIPMENT INSTALL-
ALTERNATE III 0
T5113 COI!/CPU/DR/KB/CRT $19,162 0 $0 _
L1226A PRINTER $595 0 $0
CRR920002 PRINTER CABLE $53 0 $0
DB493 YAGI ANTENNA $55 0 $0
FSJ1-50 1/4" CABLE 50' $50 0 $0
41SWOA MALE N CONN $8 0 $0
ALTERNATE IV 0
D35TLB5600K MOSTAR RADIO $1 ,673 0 $0
B829 PRINTER $128 0 $0
B699 MULTI CALL ALERT $100 0 $0
B665 CTRL STAT OPER $260 0 $0
FSJ1-50 1/4" CABLE 50' $60 0 $0
D8493 YAGI ANTENNA $53 0 $0
41SW MALE N CONN $8 0 $0
LOC TRK 1 POS $4,229 1 $4,229
LOC TRK 2 POS 8S/15SUB $5,490 0 $0
LOC TRK 3 POS 8S/15SUB $5,751 1 $5,751
LOC TRK 4 POS BS/15SUB $6,777 0 $0
LOC TRK 5 POS BS/15SUB $7,012 0 $0
B.S.- REMOTE ANT.REM.CTL/CTLR&ANT $40639 0 $0
ANTENNA SYSTEM ANT FEED COM $121 2 $242
RK MT TABLE 1 0 $0
(3 OPTIONS) C.A.E./BS/15SUB $500 0 $0
EQUIPMENT $263,524.00 $23,145
TAX $15,811 .44
INSTALLATION $23,145.00
BACKBONE $129,428.00
TOTAL $431 .908.44
Adjustment: $431 ,908.44
Less two-thirds of let 6 dispatch equipm. nt (22,768.801
New Total $409,139.64
3
0024J-4
10/06/87
CITY OF HUNTINGTON BEACH
20M MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
December 23, 1987
Attn: Vicki Gray, Administrative Manager
County of Orange
General Services Agency
Data Systems & Telecommunications
10 Civic Center Plaza, First Floor
Santa Ana, CA 92701
She City Council of the City of Huntington Beach at the meeting held
December 14, 1987, approved the agreement between the City of
Huntington Beach and County of Orange regarding Fire Communication
System Field Equipment and System Backbone.
Enclosed are four original agreements. After signing please return
one copy to our office.
Alicia M. Wentworth
City Clerk
AMW:bt
Enc.
CC: Ray Picard, Fire Chief
(Telephone:71"36.5227)
REQUE6�- FOR CITY COUNCi .r ACTION
Data 12c=namn=K5EEr11L
Submitted to: Honorable Mayor and City CouncilSubmitted by: Paul E. Cook, City Admi ' tra or kj�
Prepared by: Raymond C. P' f e Chief and Robert Fra z, e u
of Administr rG ervices
Subject: 800 MHz FIR RADIO COMMUNICATIONS SYSTEM FINANCING AGREEME
Consistent with Council Policy? [x 1 Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: ll��
STATEMENT OF ISSUE:
The County of Orang-e'js now prepared to finalize agreements with the cities to finance the 800 MHz
Fire Radio Communications System.
RECOMMENDATION:
The City Council approve the Lease-Purchase Financing and Operational-Service Agreement between
the City and the County of Orange for Fire Communications System Field Equipment and System
Backbone.
ANALYSIS:
The County, In cooperation with various cities in Orange County, has developed an 800 MHz
Coordinated Fire Radio Communications System to meet the increasirxj Fire Radio Communications
needs of the County and cities. The City Council approved the Joint Agreement For The
Implementation And Operation Of The Orange County Coordinated Fire Communications System
Between The City Of Huntington Beach And The County Of Orange on APRIL 16, 1985.
On January 6. 1986, the City of Huntington Beach expressed Its desire to participate In the County of
Orange Fire Communications System Financing Plan.
The City now has the option to participate in a joint venture financing program with the County of
Orange for the costs. The City's funds have been budgeted and will be encumbered as purchase
orders are issued on the City's behalf. The monies will be held in an encumbered state and payments
made as joint funding payments come due.
FUNDING SOURCE:
Account number 302680; the monies were fully funded and approved In 1985186 and have been held in
this account.
ALTERNATIVE ACTIONS:
Make a full cash payment for the total amount of $409.139.64 In December 1988.
ATTACHMENTS:
1. County of Orange Letter, Subject: 800 MHz Fire Radio Communications System Financing
Agreement.
2. Lease -Purchase Financing Agreement.
3. City Letter of Intent To Participate In the Financing Plan.
4. Master Lease Agreement " Financing Terms.
5. Joint Agreement.
PEC/RCP/sr
7395f 410
Y10 4/84
}�Nii
CY
UNTYOF Kanorn
2 1
5 3 RANGE
GENERAL SERVICES AGENCY
DATA SYSTEMS 6 TELECOMMUNICATIONS
10 Civic Center Plaza.Fvst FIW
December 9, 1987 Santa Ana,California 92701
(714t$34-7785
Raymond C. Picard, Chief
Fire Department
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
SUBJECT: 800 MHz RADIO COMMUNICATIONS SYSTEMS FINANCING AGREEMENT
Dear Chief Picard:
Enclosed are four copies of the Lease-Purchase Agreement for the Fire
Communications System. On November 19, we submitted this agreement to you
for City Council approval.
We discovered that page 1 and page 5 of the agreement reflected the year of
1987. As the agreement will not be fully executed until the year of 1988, we
have revised the agreement. The year is the only change we have made to the
text. Please substitute the enclosed agreement for the agreement we
previously submitted to you.
My apologies for the inconvenience. Thank you for your help.
Very ruly yours,
Vicki Gray
Administrati a Manager
VG/Jar
Enclosure
0197R
/VG
12/09/87
R.A.SCOTT.Lwecia
GENERAL SEkV'CESAGENCv
' 411Rj0L1'%JGE:
N TY O F RONALD S.RUBINO.Nector
Data Systems d Tewomnun,-aiKm
2 1
s
GENERAL SERVICES AGENCY
DATA SYSTEMS 3 TELECOMMUNICATIONS
November 19, 1987 SO Cwc Centet Fun.Fav Floor
Santa Ana,CaWoema 92701
I714t 834.7785
Raymond C. Picard, Chief
Fire Department
City of Huntington Beach
2000 Main Street
P.D. Box 190
Huntington Beach, California 92648
SUBJECT: 800 tllz Fire Radio Communications System Financing Agreement
Dear Chief Picard: ,
The County of Orange is now prepared to finalize agreements with the cities to
finance the 800 MHz Fire Radio Communications System. As your city has stated
its intent to participate in the financing plan developed by the County, we
are submitting the Lease Purchase Agreement to you for approval by your City
Council. Copies of correspondence and agreements with your city on this
subject and a copy of the documents covering the details of the financing are
attached for your'.information. All four copies of the approved Lease-Purchase
Agreement should be returned to me at: GSA/Data Systems & Telecommunications.
ATTIJ: Vicki Gray, Administrative Manager, 10 Civic Center Plaza, Room 137,
Santa Ana, California 92701. We would appreciate receiving your response by
December 31 , 1987.
If there are any questions regarding the Lease Purchase Agreement, or if your
plans for financing the system have changed, please call Vicki Gray at
834-3922. For questions regarding the system implementation schedule,
equipment inventory or equipment cost, please call Neil Jones at 834-2122.
Very truly yours,
Ronald S. Rubino, Director
GSA/Data Systems & Telecommunications
VG:jar
Attachments
- ease- urchase Financing Agreement (4 copies)
- City letter of intent to participate in the financing plan
- Statement agreeing to the total amount of the purchase
- Master Lease Agreement and Financing Terms
- Joint Agreement
02335
/TR
_ M �C.✓DL � I
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO:
STRADLING, YOCCA, CARLSON & RAUTH )
660 ,Newport Center Drive )
Suite 1600 )
Newport Beach, California 92550 }
Attn: Fritz R. Stradling, Esq. )
(Space above for recorder. )
This document is recorded for
the benefit of the County of
Orange, and the recording is
fee-exempt under Section 6103
of the Government Code.
LEASE AGREEMENT
BETWEEN
COUNTY OF ORANGE
As Lessee
' AND
ORANGE COUNTY PUBLIC FACILITIES CORPORATION
As Lessor
RELATING TO THE 1986 PROJECTS
DATED A5 OF JULY 1, 1986
-- SyU1,ts��,�Ifnrit�J!$59
196! 9 I AON
A6 (13AI3a3x
TABLE OF CONTENTS*
C f PAGE
ARTICLE I
Definitions and Exhibits
Section 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 1.2 Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE II
Lease of Property and Projects
Section 2.1 Lease of Property and Projects. . . . . . . . 6
Section 2.2 Acquisition, Construction, and
Installation of Projects. . . . . . . . . . . . . . 6
Section 2.3 Creation of Project Trust Fund. . . . . . . . 7
Section 2.4 County' s Liability . . . . . . . . . . . . . . . . . . . . B
Section 2.5 Possession and Enjoyment . . . . . . . . . . . . . . a
Section 2.6 Corporation Access to the Projects . . . 9
Section 2.7 Disclaimer of Warranties . . . . . . . . . . . . . . 9
Section 2.8 Manufacturers' Warranties . . . . . . . . . . . . . 9
Section 2.9 Additions and Improvements . . . . . . . . . . . . 10
Section 2.10 Arbitrage Covenant. . . . . . . . . . . . . . . . . . . . . 10
ARTICLE III
CLease Payments
Section 3.1 Payment of Lease Payments and
Additional Lease Payments. . . . . . . . . . . . . . 10
Section 3.2 Credits to Lease Payments and Payments
required under Section 3. 1 . . . . . . . . . . . . 12
Section 3.3 Lease Payment Components . . . . . . . . . . . . . . 13
Section 3.4 Lease Payments to be Unconditional . . . . 13
Section 3.5 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 3 .6 Consideration . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 3.7 Lease Payments to Constitute a Current
Expense of the County; No Pledge . . . . . . 14
ARTICLE IV
Termination
Section 4.1 Termination of Lease Agreement. . . . . . . . . 14
*This Table of-Contents is for convenience only and
should not be considered part of the Lease Agreement.
ARTICLE V
Covenants of Lessee
Section 5. 1 Maintenance of Projects by the County . . 15
Section 5.2 Taxes, Other Governmental Charges
and Utility Charges . . . . . . . . . . . . . . . . . . . 15
Section 5.3 Provisions Regarding Insurance . . . . . . . . 15
Section 5.4 Damage, Destruction or Condemnation . . . 18
Section 5.5 Insufficiency of Net Proceeds . . . . . . . . . 19
Section 5.6 Advances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 5.7 Financial Reports 19
Section 5.8 Release and Indemnification of the
Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 5.9 Fees and Indemnification of Trustee . . . 20
ARTICLE VI
Title
Section 6. 1 Title to Components. . . . . . . . . . . . . . . . . . . 20
Section 6.2 Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 6.3 Use of the Projects. . . . . . . . . . . . . . . . . . . 21
ARTICLE VII
Assignment, Sublease, Prepayments and
Option to Purchase
Section 7. 1 Assignment by Corporation . . . . . . . . . . . . . 21
Section 7.2 County' s Prepayment and Purchase
Option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 7.3 Assignment and Sublease by County. . . . . . 22
ARTICLE VIII
Events of Default and Remedies
Section 8.1 Events of Default Defined . . . . . . . . . . . . . 22
Section 8.2 Remedies on Default . . . . . . . . . . . . . . . . . . . 23
Section 8.3 Suits at Law or Equity and Mandamus. . . . 25
Section 8.4 Non Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 8.5 Remedies Not Exclusive. . . . . . . . . . . . . . . . . 26
Section 8.6 Status Quo. . . . . . . . . . . . . . . . . . 26
Section 8.7 Rights of Certificateholders. . . . . . . . . . . 26
(ii)
• ARTICLE IX
C MISCELLANEOUS
Section 9. 1 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 9.2 Binding Effect . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 9.3 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 9.4 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 9.5 Execution in Counterparts . . . . . . . . . . . . . 27
Section 9.6 Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 9.7 Captions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 9.8 Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Exhibit A Description of the Projects
Exhibit B Legal Description of Property
Exhibit C Lease Payment Schedule
Exhibit D Option to Purchase - Prepayment Schedule
(iii )
LEASE AGREEMENT
THIS LEASE AGREEMENT, dated as of July 1, 1986, by and
between the County of Orange, a body corporate and politic of
the State of California (hereinafter referred to as the
"County") and the Orange County Public Facilities Corporation,
a California non-profit public benefit corporation (hereinafter
referred to as the "Corporation") .
WITNESSETH
WHEREAS, the County has the power to enter into leases for
real and personal property; and
WHEREAS, the County desires to make arrangements for the
lease of certain real property, improvements and equipment more
particularly described under the term Projects in Section 1.1
hereof on the terms and conditions set forth herein; and
WHEREAS, the County will lease certain property to the
Corporation pursuant to a Property Lease (as defined herein)
which the Corporation agrees to lease back to County as
improved; and
C WHEREAS, the Corporation will cause to be provided funds
for the acquisition, construction and installation of the
Projects pursuant to this Lease Agreement and the Trust
Agreement (as defined herein) by establishing a trust and
directing the trustee for such trust to execute and deliver
certificates of participation payable from the lease payments
to be received from the County pursuant to this Lease
Agreement; and
WHEREAS, each certificate of participation represents a
proportionate interest in the principal portion of the Lease
Payments due and payable hereunder and in the interest portion
of Lease Payments payable hereunder to and including the
earlier of the maturity or redemption of the certificates of
participation; and
WHEREAS, the County intends for this Lease Agreement to
remain in full force and effect as to each component of the
Projects until the last Lease Payment Date (as defined herein)
applicable to each component of the Projects, unless sooner
terminated in accordance with the terms provided herein;
NOW, THEREFORE, the parties hereto mutually agree as
follows:
ARTICLE I
DEFINITIONS AND EXHIBITS
SECTION 1. 1 Definitions. The terms set forth in this
section shall have the meanings ascribed to them herein for all
purposes of this Lease Agreement unless the context clearly
indicates some other meaning. Words in the singular shall
include the plural and words in the plural shall include the
singular where the context so requires.
"Additional Lease Payment" shall mean any amount payable by
the County under the terms of this Lease Agreement, other than
a Lease Payment.
"Agency Agreement" shall mean that certain Agency Agreement
by and between the County and the Corporation dated as of
July 1, 1986, pursuant to which the Corporation has appointed
the County as its agent for purposes of the acquisition,
construction and installation of the Projects.
"Assignment Agreement" shall mean that certain Assignment
Agreement by and between the Corporation and the Trustee dated
as of July 1, 1986, pursuant to which the Corporation assigns
its rights under this Lease Agreement to the Trustee on behalf
of the Holders of the Certificates.
"Authorized Representative of the Corporation" shall mean
the President of the Corporation and any person or persons
designated by the Board of Directors of the Corporation and
authorized to act on behalf of the Corporation as certified by
a written certificate signed on behalf of the Corporation by
the President of the Corporation and containing the specimen
signature of each such person.
"Authorized Representative of the County" shall mean the
County Administrator or Assistant County Administrator and any
person or persons designated by the Board of Supervisors of the
County and authorized to act on behalf of the County as
certified by a written certificate signed on behalf of the
County by the Chairman of the Board of Supervisors and
containing the specimen signature of each such person.
"Business Day" shall mean any day other than (i) a Saturday
or Sunday or legal holiday or a day on which banking
institutions in the city in which the principal office of the
Trustee is located are authorized to close, or (ii) a day on
which the New York Stock Exchange is closed.
"Certificate" or "Certificates" shall mean any certificate
or certificates of participation executed and delivered by the
Trustee pursuant to-the Trust Agreement.
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"Certi£icateholder" or "Holder of Certificates" or "Holder"
C shall mean the registered owner of any Certificate or
Certificates.
"Certificate Payment Date" shall mean January 1st and July
1st of each year, commencing on January 1, 1967, until all of
the Certificates have been paid or provision for their payment
has been made as provided in Section 801 of the Trust Agreement.
"Completion Certificate" shall mean a Certificate of an
Authorized Representative of the County that a Component has
been completed -substantially in conformity with the plans and
specifications therefor in the form required by Section 2.3
hereof.
"Component" shall mean one of the components described in
Exhibit A hereof.
"Construction Account" shall mean the Construction Account
established by the Trustee pursuant to Section 401 of the Trust
Agreement.
"Cost" shall mean and be deemed to include, with respect to
each Component together with any other proper item of cost not
specifically mentioned herein, whether incurred prior to or
after the date of this Lease Agreement, (a) costs of payment
of, or reimbursement for, acquisition, design, construction,
Crehabilitation, installation and financing of the Component,
including, but not limited to, the payment of real property
rental, administrative costs and capital expenditures relating
to acquisition, construction and installation, inspection
costs, filing and recording costs, printing costs, reproduction
and binding costs, fees and charges of the Trustee pursuant to
the Trust Agreement, financing documents, legal fees and
charges, financial, accounting and other professional
consultant fees, costs of rating agencies or credit ratings,
fees for the printing, execution, transportation and
safekeeping of the Certificates, and; (b) all other costs which
County shall be required to pay under the terms of any contract
or contracts for the acquisition, construction and installation
of the Component, including, but not limited to the cost of
insurance; (c) any sums required to reimburse County for
advances made for any of the above items, or for any other
costs incurred and for work done, which is properly chargeable
to the Component; and (d) such other expenses not specified
herein as may be necessary or incidental to the acquisition,
construction and installation of the Component, the financing
thereof and the placing of the same in use and operation. Cost
as defined herein shall be deemed to include the cost and
expenses incurred by any agent -of the County for any of .the
above mentioned items.
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"Fiscal Year" shall mean the twelve month fiscal period of
the County which commences on July 1 in every year and ends on
C June 30 of the succeeding year.
"Independent Insurance Consultant" shall mean an
independent, qualified and reputable insurance consultant.
'Lease Agreement" shall mean this Lease Agreement, dated as
of July 1, 1986, between the Corporation and the County, and
any and all modifications, alterations, amendments and
supplements hereto made in accordance with the provisions
hereof.
"Lease Payment" shall mean the amount to be paid by the
County for the use and occupancy of the Projects and Property
prior to the Lease Payment Date set forth in Section 3.1 hereof.
"Lease Payment Account" shall mean the Lease Payment
Account established in Section 403 of the Trust Agreement.
"Lease Payment Date" shall mean the 15th day of each month
(or if the 15th day of the month is not a Business Day, on the
next succeeding Business Day) prior to each Certificate Payment
Date.
"Lease Term" shall mean the period during which this Lease
Agreement is in effect as specified in Section 2. 1 hereof.
."Net Proceeds" Shall mean any insurance or condemnation
proceeds paid with respect to the Projects and remaining after
payment therefrom of all expenses incurred in the collection
thereof; and, with respect to insurance, if and at such time as
County elects to provide self-insurance under Section 5.3 of
this Lease Agreement, any moneys payable from any
self-insurance fund of the County.
"Outstanding", when used with reference to Certificates,
shall mean, as of any date, Certificates theretofore or
thereupon being executed and delivered under the Trust
Agreement except:
(i) Certificates cancelled or delivered for
cancellation by the Trustee on or prior to such date;
(ii) Certificates (or portions of Certificates)
defeased as provided in Section 801 of the Trust
Agreement; and
(iii) Certificates in lieu of or in substitution for
which other Certificates shall have been executed and
delivered pursuant to Article III of the Trust Agreement.
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"Permitted Encumbrances" shall mean, with respect to the
C Projects and as of any particular time: (i) this Lease
Agreement and (ii) Trustee' s interest in the Projects.
"Projects" shall mean all of the Components to be acquired,
constructed and installed more particularly described in
Exhibit "A" hereof.
"Property" shall mean the parcels of land described in
Exhibit "B" hereof to be leased and improved.
"Property Lease" shall mean the Property Lease, dated as of
July 1, 1986, between the Corporation and the County, and any
and all modifications, alterations, amendments and supplements
thereto made in accordance with the terms of the Trust
Agreement.
"Purchase Option Price" shall mean as to a Component, the
amount of the principal component of the remaining Lease
Payments due under this Lease Agreement with respect to such
Component as set forth on Exhibit D hereto, as the same may be
amended, plus interest on such principal to the redemption date.
"Redemption Account" shall mean the Redemption Account
established by Section 401 of the Trust Agreement.
• •"Reserve Account" shall mean the Reserve Account
Cestablished in Section 401 of the Trust Agreement.
"Reserve Requirement" shall mean as of any date of
calculation, the maximum amount of Lease Payments payable by
the County in any year between such date of calculation and the
expiration of the Lease Agreement.
"State" shall mean the State of California.
"Trust Agreement" shall mean the Trust Agreement Among
County of Orange and Bank of America National Trust and Savings
Association and Orange County Public Facilities Corporation
Relating to the 1986 Projects dated as of July 1, 1986 and any
and all amendments and supplements thereto made in accordance
with the provisions thereof.
"Trustee" shall mean Bank of America National Trust and
Savings Association and its Successor or successors which nay
at any time be substituted in its place pursuant to the
provisions of the Trust Agreement.
SECTION 1.2 - Exhibits. The following Exhibits are
attached to and by this reference made a part of this Lease
Agreement:
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Exhibit A: A description of the Projects to be
acquired, constructed and installed and the improvements to be
made.
Exhibit S: A legal description describing the
Property consisting of land leased under Property Lease.
Exhibit C: A schedule setting forth the principal and
interest components of Lease Payments and the dates on which
such principal components are to be paid.
Exhibit D: The Purchase Option Price schedule for
each Component.
ARTICLE 11
LEASE OF PROPERTY AND PROJECTS
SECTION 2.1 Lease of Property PrSperty and Projects. The
Corporation hereby leases to the County, . and the County hereby
takes and leases from the Corporation, the Property and the
Projects on the terms and conditions set forth in this Lease
Agreement.
The term of this Lease Agreement shall commence on the date
C of the delivery of the Certificates and the receipt of
Certificate proceeds as provided in the Trust Agreement.
The Lease Term shall end as to any Component when the
principal component of the Certificates attributable to the
Component has been paid or provision for payment has been
provided for pursuant to Section 801 of the Trust Agreement.
This Lease Agreement shall end on (i) July 1, 2001; or
(ii) such earlier or later time when all of the Certificates
have been paid or provision for payment has been provided for
pursuant to Section Sol of the Trust Agreement and, at such
time, any surplus funds remaining in the hands of the Trustee
shall be paid to the County; or (iii) upon the termination of
this Lease Agreement in accordance with the provisions hereof
except that the term of this Lease Agreement shall in no event
be extended beyond July 1, 2016.
SECTION 2.2 Acquisition, Construction and Installation
of Projects. The County, as agent for the Corporation pursuant
to the Agency Agreement, agrees to use its best efforts to
acquire, construct and install the Projects pursuant to the
specifications prepared by the County subject to limitations in
the Agency Agreement. The County agrees that it will be
responsible for the letting of contracts, including change
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orders, for the acquisition, construction and installation of
the Projects and supervising the acquisition, construction and
installation of the Projects. The County agrees that it will
use its best efforts to cause each Component to be completed on
or before the date of completion of that Component as set forth
in Exhibit A; provided, however, that such completion date
shall be extended for such further period if the Corporation
and the County, or any contractor or contractors, are delayed
by: (1) acts or omissions of the Corporation or of any employee
or agent of the Corporation, or (2) litigation brought against
the County or the Corporation which enjoins the construction,
or (3) any act of God which the County or the Corporation could
not reasonably have foreseen and provided for, or (4) any
strikes, boycotts, or like obstructive actions by employee or
labor organizations which are beyond the control of the County
or the Corporation and which the County or the Corporation
cannot overcome with reasonable effort and could not reasonably
have foreseen and provided for, or (5) any war or declaration
of a state of national emergency, or (6) the imposition by
government action or authority of restrictions upon the
procurement of labor or materials necessary for the completion
of the Component. The County shall notify the Trustee of any
extension of the completion date of a Component.
SECTION 2.3 Creation'of Projects Trust Fund. The
Corporation shall create, or cause to be created in the Trust
Agreement, a Projects Trust Fund into which it shall deposit or
cause to be initially deposited $36,802,615.47 from the
proceeds of the sale of the Certificates.
Trustee shall make payments from the Construction Account
to pay the Cost of each Component upon the receipt of a
requisition signed by an Authorized Representative of the
County as provided in Section 402(3) of the Trust Agreement.
Interest or other income earned on any moneys or
Investments in the Construction Account shall be kept in the
Construction Account until the acquisition, construction and
installation of the Projects have been completed and thereafter
any such money shall be transferred to the Lease Payment
Account and applied on the next occurring Lease Payment Date as
a credit against the Lease Payment then due on such date and
deemed to be the payment of the interest portion thereof.
Interest or other income earned on moneys or investments in
the Lease Payment Account shall be retained therein.
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Interest or .other income earned on moneys or investments in
r the Reserve Account to the extent that such payment shall not
(� cause the amount in the Reserve Account to be less than the
Reserve Requirement as defined in the Trust Agreement, shall be
transferred to the Lease Payment Account and applied as a
credit against the Lease Payment due on the next occurring
Lease Payment Date and deemed to be the payment of the interest
portion thereof.
The completion of the acquisition, construction and
installation of each Component shall be evidenced by a
Completion Certificate of an Authorized Representative of the
County, which shall be filed with the Trustee, stating (1) that
the acquisition, construction and installation of the Component
has been completed 'substantially in accordance with
specifications applicable thereto and that such Component is
ready for use, (2) the date of such completion and (3) the
amount, if any, required, in the opinion of the signer or
signers, for the payment of any remaining part of the Cost of
the Component.
SECTION 2.4 County' s ,Liability. As between the
Corporation and the County, the County assumes liability for
all risks of loss during the acquisition, delivery and
Installation of each Component. The County shall maintain, or
require each contractor, ,manufacturer or supplier, with respect
to each Component to maintain, in force during the entire
C acquisition, construction and installation of the Component,
property damage insurance in an amount not less than the full
value of all work done and materials and equipment provided or
delivered by each such contractor, manufacturer or supplier,
comprehensive liability insurance, worker's compensation
insurance and other insurance required by law or customarily
maintained with respect to like equipment. In the event the
County receives any damages or other moneys from any
contractor, manufacturer or supplier or its surety pursuant to
this Section 2.4, such moneys shall be paid to the Trustee for
deposit in the Construction Account to complete the
acquisition, construction and installation of the Projects.
SECTION 2.5 Possession and Enjoyment. From and after
the filing of the Completion Certificate in accordance with the
terms of this Lease Agreement, the County shall during the
Lease Term peaceably and quietly have and hold and enjoy the
use of the Projects and the Property, without suit, trouble or
hindrance from the Corporation, except as expressly set forth
in this Lease Agreement. The Corporation will, at the request
if. the County and at the County's cost, join in any legal
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action in which the County asserts its right to such possession
and enjoyment to the extent the Corporation lawfully may do so.
SECTION 2.6 Corporation Access to the Projects. The
County agrees that the Corporation shall have the right during
the County's normal working hours on the County's normal
working days to examine and inspect the Projects and the
Property for the purpose of assuring that the Projects and the
Property are being properly maintained, preserved, and kept in
good repair, working order and condition. The County further
agrees that the Corporation shall have such rights of access to
the Projects and the Property as may be reasonably necessary to
cause the proper maintenance of the Project in the event of
failure by the County to perform its obligations hereunder. If
the Corporation obtains any confidential information as a
result of its access to the Projects and the Property, the
Corporation hereby agrees not to disclose such information to
any person, firm or corporation.
SECTION 2.7 Disclaimer of Warranties. THE CORPORATION
MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED,
AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS
FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF EACH COMPONENT,
THE PROPERTY OR WARRANTY WITH RESPECT THERETO. In no event
shall the Corporation be liable for any incidental, indirect,
Special or consequential damage in connection with or arising
out of this Lease Agreement or the existence, furnishing,
functioning or the County' s use of any item or products or
services provided for in this Lease Agreement.
SECTION 2.8 Manufacturers' Warranties. The Corporation
appoints the County its agent and attorney-in-fact during the
Lease Term, so long as the County shall not be in default
hereunder, to assert from time to time whatever claims and
rights, including warranties relating to each Component, which
the Corporation may have against the manufacturer or supplier
of such Component. As between the Corporation and the County,
the County's sole remedy for the breach of such warranty,
indemnification or representation shall be against the
manufacturer or supplier of each Component, and not against the
Corporation; nor shall such matter have any effect whatsoever
on the rights of the Corporation with respect to this Lease
Agreement, including the right to receive full and timely
payments hereunder. The County expressly acknowledges that
neither the Corporation nor the Trustee makes, or has made, any
representation or warranty whatsoever as to the existence or
availability of such warranties of the manufacturer or supplier
of any Component.
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SECTION 2.9 Additions -and- Improvements. The County
' shall have the right during the Lease Term to make any
additions or improvements to the Projects and Property, to
attach fixtures, structures or signs, and to affix any personal
property to the improvements on the Project and the Property,
Provided the use of the Projects and Property for the purposes
contemplated in this Lease Agreement is not impaired. The
parties hereto acknowledge and agree that the County or its
designee shall have the right in its discretion and without the
approval of the Corporation to acquire, construct, install and
provide for the financing of additional improvements and
facilities with respect to the Projects. Title to all personal
property placed in any of the improvements on the Projects
shall remain in the County. The title to any personal
property, improvements or fixtures placed on the Projects by
any sublessee or licensee of the County shall be controlled by
the contracts entered into by the County.
SECTION 2. 10 Arbitrage Covenant. The County and the
Corporation hereby covenant with the Certificateholders that,
notwithstanding any other provision of this Lease Agreement,
they will make no use of the proceeds of the Certificates which
would cause the obligations of the County under this Lease
Agreement to be "arbitrage bonds" subject to federal income
taxation by reason of Section 103(c) of the Internal Revenue
Code of 1954, as amended. The County or the Corporation shall
instruct Trustee in writing as to all matters relating to this
arbitrage covenant and its responsibilities, if any.
ARTICLE III
LEASE PAYMENTS
SECTION 3. 1 P_ayme_nt of Lease Payments and Additional
Lease Payments. r
(A) The County shall pay advance Lease Payments for
the use and occupancy of the Projects and Property in the total 1
amount of $3,810,556.00, consisting of interest only for the
period from July 1, 1986 to the estimated date of the
acquisition and completion of the Components on the principal
component of the Certificates. Such advance Lease Payments
shall be paid from the proceeds of`iEie-sale 'of the Certificates.
(8) On each Lease Payment Date, the County shall pay
to the Trustee, in lawfurm"oney�t-ie United States of
America, provided the Component is substantially completed, the
Lease Payment attributable to that Component as set forth in
Exhibit C attached hereto and made a part hereof for such Lease
Payment Date, less any credits as contemplated by Section 3.2
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hereof. If Lease Payments are abated during the term of this
C Lease Agreement and the term is extended as provided in Section
2.1 hereof, the County agrees to pay the fair rental value of
the Components then subject to this Lease Agreement, as
determined by an M.A. I . appraiser designated by the
Corporation, whose certificate of appraisal shall be filed with
the County, the Corporation and the Trustee, until the
principal and interest components of the Lease Payments
represented by Outstanding Certificates have been paid.
(C) The principal portion and interest portion of
each Lease Payment attributable to all of the Projects and each
Component shall be the amount set forth in Exhibit C.
(D) If there is a redemption of Certificates pursuant
to Section 303 . 6 of the Trust Agreement, the Lease Payment
schedule set forth in Exhibit C shall be adjusted to provide
for the timely payment of the Outstanding Certificates.
(E) In addition to the Lease Payments hereinabove set
forth, the County shall pay an amount or amounts (hereinafter
called "Additional Lease Payments") equivalent to the sum of
the following:
(i) All taxes and assessments of any nature
whatsoever, including, but not limited to, excise taxes, ad
valorem taxes, ad valorem and -specific lien special assessment
and gross receipts taxes, if any, levied upon the Projects or
on the Property, upon the Corporation' s interest therein, upon
the Corporation' s operation thereof or the Corporation' s rental
income derived therefrom.
(ii) All expenses (not otherwise paid or provided
for out of the proceeds of the sale of Certificates) incidental
to the sale and delivery of the Certificates and all
administrative costs of the Corporation, including without
limiting the generality of the foregoing, salaries, Wages,
expenses, compensation and indemnification of the Trustee under
the Trust Agreement, fees and charges of auditors, accountants,
architects, attorneys and engineers, and all other necessary
administrative charges of the Corporation or charges required
to be paid by it in order to comply with the terms of the
Certificates or of the Trust Agreement and to indemnify and
defend the Corporation and its members.
(iii ) Insurance premiums, if any, on all insurance
required or permittted under the provisions of Section 5.3
hereof.
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(iv) All costs and expenses which the Corporation
C may incur in consequence of or because of any default by the
County under the Lease Agreement, including reasonable
attorneys' fees and costs of suit in equity or action at law to
enforce the terms and conditions of the Lease. Agreement.
The Additional Lease Payment payable hereunder shall be
paid by the County within thirty-five (35) days after notice in
writing from the Corporation to the County stating the amount
of Additional Lease Payment then due and payable and the
purpose thereof.
SECTION 3.2. Credits to Lease Pa ents and Pa ents
• required under Section 3 . 1.
(A) Upon the earlier of May 15, 1989 or - on the date
of the filing of the Completion Certificate for the last
Component acquired, constructed and installed, there shall be
deposited into the Lease Payment Account the interest or income
earned by reason of investment of moneys on deposit in the
Construction Account which amounts are not needed to pay the
Cost of any Component as evidenced by a certificate of an
Authorized Representative of the County filed with the
Trustee. During the Lease Term such interest income shall be
applied on the next occurring Lease Payment Date as a credit
against the Lease Payment then due on 'such date and be deemed
f to be payment of the .interest portion thereof.
(8) Upon the earlier of May 1S, 1989 or on the date
of the filing of the Completion Certificate for the last
Component acquired, constructed and installed with the Trustee
as described in Section 2.3 hereof, the amount, if any, on
deposit in the Construction Account not required to pay Cost of
any Component and not required to pay the Cost of any other
Component as evidenced by a certificate of an Authorizied
Representative of the County filed with the Trustee, shall be
transferred by the Trustee to the Reserve Account to the extent
the amount therein is less than the Reserve Requirement and any
balance shall be transferred to the Redemption Account and
applied to the redemption of Certificates pursuant to the
provisions of the Trust Agreement, or, at the option of County,
said amount shall be transferred by the Trustee to the Reserve
Account to the extent the amount therein is less than the
Reserve Requirement and any balance shall be transferred to the
Lease Payment Account and applied as a credit against the
principal component of the Lease Payment on the next occurring
Lease Payment Date on which principal component is due.
(C) The County shall receive a credit for the
principal component and interest component of any Lease Payment
paid from moneys transferred from the Construction Account for
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the redemption of Certificates as provided in this Section
3.2(B) or from Net Proceeds.
(D) The amount on deposit in the Reserve Account
shall be transferred by Trustee to the Lease Payment Account as
a credit against the final Lease Payment attributable to the
Components.
SECTION 3.3 Lease• Payment_Components. A portion of each
Lease Payment is paid as, and represents the payment of,
interest and a portion of certain Lease Payments are paid as,
and represent the payment of, principal. Such portions are set
forth in Exhibit C hereto.
SECTION 3.4 Lease Pats to be Unconditional. Subject
to Section 3.5 of this Lease Agreement, the obligations of the
County to make Lease Payments and to pay all other amounts
provided for in this Lease Agreement and to perform its
obligations under this Lease Agreement, shall be absolute and
unconditional; and such Lease Payments and other amounts shall
be payable without any rights of set-off, recoupment or
counterclaim the County might have against any contractor,
manufacturer or supplier of any item of the Projects, the
Corporation, the Trustee or any other person. This Lease
Agreement shall be deemed and ccnstrued to be a "net-net- net
lease" .
C SECTION 3.5 Budge The County shall take such action
as may be necessary to include and maintain the applicable
Lease Payments due hereunder in each Fiscal Year in its budget
for such Fiscal Year or pursuant to separate resolution and
further shall make the necessary appropriations for all such
Lease Payments. The County shall furnish to the Trustee under
the Trust Agreement a written certificate that the budget for
the Fiscal Year contains an appropriation to pay all Lease
Payments hereunder or such other evidence of the County taking
formal action with respect to the appropriation of money to pay
Lease Payments hereunder not later than July 15th of each
year. The covenants on the part of the County herein contained
shall be deemed to be and shall be construed to be ministerial
duties imposed by law, and it shall be the ministerial duty of
each and every public official of the County to take such
action and do such things as are required by law in the
performance of such official duty of such officials to enable
the County to carry out and perform the covenants and
agreements in this Lease Agreement agreed to be carried out and
performed by the County.
SECTION 3 .6 • • Consideration. The Lease Payments and
Additional Lease Payments hereunder for each Fiscal Year of the
Lease Term shall constitute the total rental for said Fiscal
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Year and shall be paid by the County for and in consideration
of the right of use and occupancy, and the continued quiet use
4 and enjoyment of the Projects and Property for and during said
Fiscal Year. The parties hereto have agreed and determined
that the rental with respect to each Component as provided
herein does not exceed the fair rental value of such
Component. In making such determination, consideration has
been given to the costs of acquisition, construction,
installation and financing of the Projects and Property , the
uses and purposes which will be served by the Projects and
Property and the benefits therefrom which will accrue to the
parties to this Lease Agreement and the general public by
reason of the Projects and Property.
SECTION 3.7 Lease Payments to Constitute a Current
Expense of the County; No Pledge, The Corporation and the
County understand, agree and intend that the obligation of the
County to pay Lease Payments and Additional Lease Payments
hereunder shall constitute a current expense of the County and
shall not in any way be construed to be a debt of the County,
or the State of California, or any political subdivision
thereof, in contravention of any applicable constitutional or
statutory limitation or requirements concerning the creation of
indebtedness by the County, the State of California, or any
political subdivision thereof, nor shall anything contained
herein constitute a pledge of general revenues, funds or moneys
of the County beyond the Fiscal Year for which the Board of
Supervisors of the County has appropriated funds to pay Lease
Payments and Additional Lease Payments hereunder or an
obligation of the County for which the County is obligated to
levy or pledge any form of taxation or for which the County has
levied or pledged any form of taxation.
ARTICLE IV
TERMINr?TION
SECTION 4. 1 Termination of Lease Agreement. This Lease
Agreement will terminate upon the earliest to occur of the
following events:
(a) a default by the County as contemplated by
Section 8. 1 of this Lease Agreement and the termination of this
Lease Agreement as provided in Section 8.2 hereof;
(b) the payment by the County of the Purchase Option
Price for all of the Components as provided in Section 7.2 or
5.4(b) of this Lease Agreement;
(c) the payment by the County of all Lease Payments
scheduled to be paid hereunder by the County during the entire
Lease Term; or
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(d) in part as to any Component when the principal
' component of the Certificates attributable to that Component
has been paid or provision for payment has been provided for
pursuant to Section 801 of the Trust Agreement,
In the event there is any default hereunder, the County
shall have the right to exercise the option to purchase the
Projects as provided in Section 7.2 hereof as long as the
County is in possession of the Projects.
ARTICLE V
COVENANTS OF LESSEE
SECTION 5.1 Maintenance a£_Projects by the County. The
County agrees that at all times during the Lease Term, the
County will, at the County's own cost and expense, maintain,
preserve and keep the Projects in good repair, working order
and condition, and that the County will from time to time make
or cause to be made all necessary and proper repairs,
replacements and renewals thereto, The County shall at its own
expense, provide or cause to be provided all security service,
'custodial service, power, gas, telephone, light, -heating and
water, and all other public utility services for the Projects.
The Corporation shall have no responsibility in any of these
matters, or for the making of improvements or additions to the
Projects.
CSECTION 5.2 Taxes, Other Governmental Charges and
Utility Charges, The County will pay during the Lease Term, as
the same respectively come due, all taxes and governmental
charges of any kind whatsoever that may at any time be lawfully
assessed or levied against or with respect to the Projects, as
well as all utility and other charges incurred in the
operation, maintenance, use, occupancy and upkeep of the
Projects; provided that, with respect to any governmental
charges that may lawfully be paid in installments over a period
of years, the County shall be obligated to pay only such
installments as have accrued during the time the Lease Term is
in effect.
SECTION 5.3 Provisions Regarding insurance. The County
shall maintain or cause to be maintained the following policies
of insurance:
(1) insurance against loss or damage to each
Component resulting from fare, lightning, vandalism, malicious
mischief and such perils ordinarily defined as "extended
coverage" and such other perils as the Corporation and the
County may agree should be insured against if such insurance is
available from reputable insurers. Such insurance shall be
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maintained in an amount not less than the greater of the then
r appliable Purchase Option Price for the Component or the full
(� replacement value of the Component subject to a "deductible
clause" in the amount of Ten Thousand Dollars ($10,000.00) and
shall contain an inflation guard endorsement. The term "full
replacement value" as used in this Section shall mean the
actual replacement cost of a "new" Component (including the
cost of restoring the surface of grounds owned or leased by the
County but excluding the cost of restoring trees, plants and
shrubs) ;
(2) insurance against loss or damage to each
Component resulting from earthquake in an amount equal to 100%
of the full replacement value or the then applicable Purchase
Option Price for the Component, whichever is greater, subject
to a ten percent (10%) deductible;
(3) use and occupancy or business interruption or
rental income insurance against the perils of fire, lightning,
vandalism, malicious mischief, earthquake and such other perils
• ordinarily defined as "extended coverage" in an amount equal to
not Jess than the largest Lease Payments to be paid in any 12
month period by the County under this Lease Agreement;
(4) public liability insurance against claims for
bodily injury or death, or damage to property occurring upon,
in or about the Projects, such insurance to afford protection
to a limit of not less than $5,000,000 combined single limit
bodily injury and property damage with such deductible
provisions as the County provides on like coverage but not to
exceed 10% of this face amount;
(5) worker' s compensation insurance issued by a
responsible carrier authorized under the laws of the State of
California to insure employers against liability for
compensation under the Worker' s Compensation Insurance and
Safety Act now in force in California, or any act hereafter
enacted as an amendment or supplement thereto or in lieu
thereof, such worker' s compensation insurance to cover all
persons employed in connection with the Projects and to cover
full liability for compensation under any such act aforesaid,
based upon death or bodily injury claims made by, for or on
behalf of any person incurring or suffering injury or death
during or in connection with the Projects or the business of
the County.
All insurance herein provided for shall be effected under
policies issued by insurers of recognized responsibility,
licensed or •admitted to do business in the State 'of
•California. All policies or certificates shall name the
County, the Corporation and the Trustee as named insureds.
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All policies or certificates issued by the respective
insurers for insurance shall provide that such policies or
certificates shall not be cancelled or materially changed
without at least 30 days' prior written notice to the Trustee.
A certificate showing the policies in effect (or other evidence
of coverage satisfactory to the Trustee) shall be deposited
with the Trustee by the County, annually on July 1 of each
year, together with appropriate evidence of payment of the
premiums therefor, and, at least 10 days prior to the
expiration dates of expiring policies or certificates,
certified copies of renewal or new policies or certificates (or
other evidence of coverage satisfactory to the Trustee) shall
be deposited with the Trustee.
All premiums and charges due and payable for all of the
aforesaid insurance, which are not paid as a part of the
construction contracts relating to the Projects or from the
proceeds of the sale of the Certificates, shall be paid by the
County.
Nothwithstanding the generality of the foregoing, the
County shall not be required to maintain or cause to be
maintained more insurance than is specifically referred to and
with respect to the insurance required hereby, the County shall
not be required to maintain such insurance unless the same is
insurance which is available from reputable insurers on the
open market. The phrase "insurance which is available from
C reputable insurers on the open market" means standard policies
of insurance with standard deductibles offered by reputable
insurers.
In lieu of obtaining any of the insurance coverage required
pursuant to this Section, such coverage may be maintained by
County in the form a self-insurance program of County meeting
the requirements hereafter set forth. So long as any insurance
required hereunder shall be provided through County'
self-insurance program. County shall retain an Independent
Insurance Consultant which shall, within ninety (90) days
following the close of each of County' s fiscal years and
following each payment from the self-insurance fund in excess
of $1,000,000, review the self-insurance program and issue a
written report thereon indicating what action, if any,
including, without limitation, the deposit of additional funds
into the program, is necessary so that the protection afforded
by the self-insurance program is at least comparable to the
protection that would be afforded by the insurance described in
this Section, as applicable. County shall comply with the
reasonable recommendations of such Independent Insurance
Consultant within ninety (90) days of the issuance of such
report. County shall provide to the Trustee (i) promptly upon
receipt thereof by County each such report issued by County' s
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Independent Insurance Consultant concerning County's
' self-insurance program and (ii) promptly upon the preparation
thereof, a report on the action, if any, taken be County if
response to such report. The Trustee shall not have the duty
of evaluating the sufficiency of the self-insurance program.
SECTION 5.4 Damage, Destruction or Condemnation. If
prior to the termination of the Lease Term, any Component in
whole or part is destroyed or damaged by fire or other
casualty, or title to, or the temporary use of, any Component
in whole or part shall be taken under the exercise of the power
of eminent domain, the County shall within 60 days after such
damage, destruction or condemnation elect one of the following
two options by written notice of such election to the
Corporation and the Trustee:
(a) Option A - Repair, Restoration or Replacement.
The County and the Corporation will cause the Net Proceeds of
any insurance claim or condemnation award to be applied to the
prompt repair, restoration, or replacement (in which case such
replacement of the Component shall become subject to the
provisions of this Lease Agreement as fully as if it were the
originally leased Component) of the Component. Any Net
Proceeds received by the Corporation or the County shall be
deposited in the Construction Account and be applied by the
Corporation to complete the payment of the cost of such repair,
restoration or replacement of the Component, in the same manner
C and upon the same conditions as set forth in the Trust
Agreement for the payment of the Cost of the Component from the
Construction Account. Any balance of the Net Proceeds
remaining after the repair, restoration or replacement shall be
deposited in the Redemption Account and applied to the
redemption of Certificates applicable to that Component.
(b) Option B - Redemption of Certificates. The
County and the Corporation will cause the Net Proceeds of any
insurance claim or condemnation award to be applied to the
redemption of all or a portion of the outstanding Certificates
applicable to the Component damaged, destroyed or taken.
If no election is given to the Corporation and the Trustee
within said 6D days, the County shall have elected Option B.
Except to the extent of (i ) amounts held by the Trustee in
the Lease Payment Account or the Reserve Account, (ii) amounts
received in respect of rental interruption insurance and
(iii) amounts, if any, otherwise legally available to the
Trustee for payments in respect of the Certificates, Lease
Payments due hereunder with respect to any Component shall be
abated during any period in which, by reason of damage,
destruction or condemnation, there is substantial intereference
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with the use or right of possession by the County of such
Component. The amount of abatement shall be such that the
resulting total rental represents fair consideration for the
use and possession of such Component and the remaining portions
of the Projects and Property which were not damaged, destroyed
or condemned. Such abatement shall continue for the period
commencing with the date of such damage, destruction or
condemnation and ending with the restoration of such Component
to usable condition.
SECTION 5.5 Insufficiency of Net Proceeds.
If the County elects to repair, restore or replace the
Component under the terms of Section 5.4(a) hereof and the Net
Proceeds therefor are insufficient to pay in full the cost of
such repair, restoration or replacement, the County may
complete the work and pay any cost in excess of the amount of
the Net Proceeds. The County agrees that, if by reason of any
such insufficiency of the Net Proceeds the County makes any
` payments pursuant to the provisions of this Section, the County
shall not be entitled to any reimbursement therefor from the
Corporation nor shall the County be entitled to any diminution
of the amounts payable under this Lease Agreement.
SECTION 5.6 Advances. In the event the County shall
fail to maintain the full insurance coverage required by the
[ Lease Agreement or shall fail to keep the Projects in good
repair and operating condition, the Corporation may (but shall
be under no obligation to) purchase the required policies of
insurance and pay the premiums on the same, or make such
repairs or replacements as are necessary and provide for '
payment thereof; and all amounts so advanced therefor by the
Corporation shall become immediately due and payable, which the
County agrees to pay, subject to the County Making an
appropriation therefor, as an additional Lease Payment of the
Project, together with interest at the highest annual rate
applicable to the Outstanding Certificates.
SECTION 5.7 Financial Reports. The County covenants to
provide to the Trustee and the Corporation not later than July
15 of each Fiscal Year (i) current financial statements,
budgets and proof of appropriations for that Fiscal Year and
(ii ) such other financial information relating to the ability
of the County to continue to meet its obligations under this
Lease Agreement as may be reasonably requested by the
Corporation.
SECTION 5.8 Release and Indemnification of the
Corporation. To the extent permitted by law the County shall
protect, hold harmless and indemnify the Corporation, its
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directors and officers from and against any and all liability,
obligations, claims and damages whatsoever, regardless of cause
thereof, and expenses in connection therewith, including,
without limitation, counsel fees and expenses, penalties and
interest arising out of or as the result of the entering into
of this Lease Agreement, the ownership of the Project, the
ordering, acquisition, use, operation, condition, purchase,
delivery, rejection, storage or return of any item of
equipment, or any accident in connection with any of the
foregoing resulting in damage to property or injury to or death
of any person. However, the County shall not hold harmless or
Indemnify the Corporation, its directors and officers for any
losses which are caused by the bad faith or willful misconduct
of the Corporation, its directors and officers.
SECTION 5.9 Fees and Indemnification of Trustee. The
County shall pay to the Trustee from time to time reasonable
compensation for all services rendered under this Lease
Agreement and the Trust Agreement, and also all reasonable
expenses, charges, counsel fees and other disbursements,
Including those of their attorneys, agents and employees,
Incurred in and about the performance of their powers and
duties under this Lease Agreement and the Trust Agreement.
The County further agrees to indemnify and save the Trustee
harmless against any liabilities which it may incur in the
exercise and perfornance .of its powers and duties hereunder
which are not due to its negligence or willful misconduct.
ARTICLE VI
TITLE
SECTION 6.2 Title to Com onents. Upon payment or
provision for payment as provided in Section 801 of the Trust
Agreement of all Lease Payments as required by this Lease
Agreement or the County has exercised its option to purchase a
component as described in Section 7.2 of this Lease Agreement
and the payment or provision for the payment of all of the
Certificates attributable to the Component purchased and the
expiration or termination of the Lease Term hereof with respect
to such Component title to such Component and any improvements
thereon or additions thereto shall be transferred directly to
the County in accordance with the provisions of the Trust
Agreement.
SECTION 6.2 Liens. During the Lease Term the County
shall not, directly or indirectly, create, incur, assume or
suffer to exist any mortgage, pledge, Lien, charge, encumbrance
or claim on or with respect to the Projects or the Property,
other than the Permitted Encumbrances provided. The County
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shall reimburse the Corporation for any expense incurred by the
r Corporation in order to discharge or remove any such mortgage,
4 pledge, lien, charge, encumbrance or claim.
SECTION 6.3 Use of the Projects. The County will not
install, use, operate or maintain the Projects improperly,
carelessly, in violation of any applicable law or in a manner
contrary to that contemplated by this Lease Agreement. The
County shall provide all permits and licenses, if any,
necessary for the acquisition, construction, installation and
operation of the Projects. In addition, the County agrees to
comply in all respects (including, without limitation, with
respect to the use, maintenance and operation of the Projects)
with all laws of the jurisdictions in which its operations
involving the Projects may extend and with all regulations,
orders and decrees of any legislative, executive,
administrative or judicial body exercising any power or
jurisdiction over the Projects; provided, however, that the
County may contest in good faith the validity or application of
any such law or rule in any reasonable manner which does not
adversely affect the estate of the Corporation or the County in
and to the Projects or either of their interest or 'rights under
this Lease Agreement.
ARTICLE VII
ASSIGNMENT, SUBLEASE, PREPAYMENTS AND
OPTION TO PURCHASE
SECTION 7.1 Assignment by Corporation. This Lease
Agreement may be transferred and assigned by the Corporation in
accordance with the provisions of the Trust Agreement and
provisions of the Assignment Agreement for the benefit of the
holders of the Certificates. The parties hereto acknowledge
and agree that the Corporation' s rights and remedies under this
Lease Agreement will be assigned to the Trustee on behalf of
the Holders of the Certificates pursuant to the Assignment
Agreement.
SECTION 7.2 Countx! s-Prepa32ent and Purchase O tion.
The County shall have the option to purchase any Component,
beginning on July 1, 1993 or on any July 1 and January 1
thereafter, but only if it is not in default hereunder with
respect to the Lease Agreement and only in the manner provided
in this Section. The County may exercise its option to
purchase any Component on any prepayment date by paying the
prepayment price applicable to that Component to be purchased
as shown in Exhibit "D" attached hereto and incorporated
herein, together with the interest component of the Lease
Payment required to be paid on such prepayment date. Such
s
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prepayment price shall be deposited by the Trustee in the .
' Redemption Account to be applied to the redemption (pursuant to
Section 303 of the Trust Agreement) of that portion of the
Outstanding Certificates applicable to the Component
purchased. The County shall give the Trustee notice of its
intention to exercise its option not less than sixty (60) days
in advance of the date of exercise, and shall deposit with the
Trustee the prepayment price, together with the interest
component of the Lease Payment required to be paid on such
prepayment date. If the County exercises its option to
purchase a Component pursuant to this Section on any prepayment
date, (1) the County shall not be required to pay the principal
compoent of the Lease Payment required to be paid on such
prepayment date for that Component and (2) any amount then on
hand in the Construction Account, the Reserve Account or the
Lease Payment Account established pursuant to Article IV of the
Trust Agreement applicable to that Component purchased shall
be applied toward the payment of the prepayment price by the
County. Upon exercise of its option by the County and the
redemption of the applicable Certificates, all right, title and
interest of the Corporation in and to the Component purchased
shall be transferred to the County. Nothing herein is intended
to prevent the refunding of the County' s obligation under this
Agreement.
SECTION 7.3 Assignment and Sublease by County. Neither
this Lease Agreement nor any interest of the County herein
r shall, at any time after the date hereof, be mortgaged,
pledged, assigned or transferred by the• County by voluntary act
or by operation of law, or otherwise, except as specifically
provided herein. The County shall at all times remain liable
for the performance of the covenants and conditions on its part
to be performed notwithstanding any assigning, transferring or
subletting which may be made. The County shall have the right
to sublease or permit the use of all or any part of the
Projects, but nothing herein contained shall be construed to
relieve the County from any obligations contained herein. In
no event shall the County sublease or permit the use of all or
any part of the Projects so as to cause the interest component
of Lease Payments to be subject to federal income tax or
California personal income tax.
ARTICLE VIII
EVENTS OF DEFAULT AND REMEDIES
SECTION 8.1 Events of Default Defined. The following
shall be "events of default ` under this Lease Agreement and the
terms "event of default" and "default" shall mean, whenever
they are used in this Lease Agreement, any one or more of the
following events, namely:
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(a) Failure by County to pay any Lease Payment on or
r before the applicable Lease Payment Date;
(b) Failure by County to observe or perform any
covenant, condition or agreement on its part to be observed or
performed, other than as referred to in clause (a) of this
Section, for a period of thirty (30) days after written notice
specifying such failure and requesting that it be remedied has
been given to County by Corporation or its assignee; provided,
however, that Corporation or its assignee may, upon written
request of County prior to the expiration of such thirty (30)
day period, consent to an extension of such time in order to
cure such failure if corrective action has been instituted by
County and is being diligently pursued and will, in the
Judgment of Corporation or its assignee, be diligently pursued
until the default is corrected;
(c) A court having jurisdiction in the premises shall
enter a decree or order for relief in respect of County in a
case under any applicable bankruptcy, insolvency or other
similar law now or hereafter in effect, or appoint a receiver,
liquidator, assignee, custodian, trustee, sequestrator (or
similar official) of County or for any substantial part of its
property, or ordering the winding up or liquidation of its
affairs, and such decree or order shall remain unstayed and in
effect for a period of sixty (60) days; or
C (d) County shall commence a voluntary case under any
applicable bankruptcy, insolvency or other similar law now or
hereafter in effect, or shall consent to the entry of an order
for relief in an involuntary case under any such law, or shall
consent to the appointment of or taking possession by a
receiver, liquidator, assignee, trustee, custodian,
sequestrator (or similar official) of County for any
substantial part of its property, or shall make any general
assignment for the benefit of creditors, or shall fail
generally to pay its debts as they become due or shall take any
corporate action in furtherance of any of the foregoing.
SECTION 8.2 Remedies on Default. Upon the happening of
any of the events cf default specified in Section 8. 1 hereof,
Corporation or its assignee may exercise any and all remedies
available pursuant to law or granted pursuant to this Lease
Agreement. Corporation or its assignee is expressly authorized
hereby to enter and re-enter the Projects and the Property for
the purpose of retrieving any portion of the Projects if the
County does not deliver the Projects to the Corporation on
demand or to re-let the Property and, in addition, at its
option, with or without such entry to terminate this Lease
Agreement. In the event of default and notwithstanding any
entry or re-entry by Corporation or its assignee, County shall,
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as herein expressly provided, continue to remain liable for the
r payment of Lease Payments and/or damages for breach of this
Lease Agreement and the performance of all conditions herein
contained and, in any event, such Lease Payments and/or damages
shall be payable to the Corporation or its assignee at the time
and in the manner set forth in this Section.
In the event that Corporation or its assignee does not
elect to terminate this Lease Agreement, County agrees to and
shall remain liable for the payment of Lease Payments and the
performance of all conditions herein contained and shall
reimburse Corporation or its assignee for any deficiency
arising out of the re-letting of the Projects, or, in the event
that Corporation or its assignee does not re-let the Projects,
then for the full amount of the Lease Payments to the end of
the term of this Lease Agreement, but said Lease Payments
and/or deficiency shall be payable only at the same time and in
the same manner as provided in Section 3.1 notwithstanding such
entry or re-entry by Corporation or its assignee or any suit in
unlawful detainer, or otherwise, brought by Corporation or its
assignee for the purpose of effecting such entry or re-entry or
obtaining possession of the Projects or the exercise of any
other remedy by the Corporation or its assignee. County
hereby irrevocable appoints Corporation or its assignee as the
agent and attorney-in-fact of County to enter upon and re-let
the Projects or the Property in the event of default by
County. County hereby exempts and agrees to save harmless
C Corporation and its assignee from any costs, loss or damage
whatsoever arising or occasioned by any such entry upon and
letting of the Projects or the Property. County hereby waives
any and all claims for damages caused, or which may be caused,
by Corporation or its assignee in entering and taking
possession of the Projects or the Property, for all claims for
damages that may result from the destruction of or injury to
the Projects or the Property, and all claims for damages to or
loss of any property belonging to County that may be in or upon
the Projects or the Property. County agrees that the terms of
this Lease Agreement constitute full and sufficient notice of
the right of Corporation or its assignee to re-rent the
Projects or the Property in the event of such re-entry without
effecting a surrender of this Lease Agreement, and further
agrees that no acts of Corporation or its assignee in effecting
such re-renting or re-leasing shall constitute a surrender or
termination of this Lease Agreement irrespective of the term
for which such re-leasing or re-renting is trade, or of the
terms and conditions of such re-leasing or re-renting, or
otherwise, but that, on the contrary, in the event of such
default by County, the right to terminate this Lease Agreement
shall vest in Corporation. County further waives the right to
any rental obtained by Corporation or its assignee in excess of
the Lease Payments herein specified and hereby conveys and
j
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releases such excess to Corporation or its assignee as
' compensation to Corporation or its assignee for its services in
re-leasing the Projects or the Property.
Each and all of the remedies given to Corporation and its
assignee hereunder or by any law now or hereafter enacted are
cumulative and the exercise of one right or remedy shall not
impair the right to Corporation or its assignee to exercise any
or all other remedies.
SECTION 8.3 Suits at Law or in Eguity and Mandamus. In
addition to the remedies set forth in Section 8.2hereof, in
case one or more of the events of default shall happen, then
and in 'every such case, Corporation and its assignee shall be
entitled to proceed to protect and enforce the rights vested in
the Corporation by this Lease Agreement by such appropriate
judicial proceeding as Corporation or its assignee shall deem
most effectual to protect and enforce any such right, either by
suit in equity or by action at law, whether for the specific
performance of any covenant or agreement contained in this
Lease Agreement, or in aid of the exercise of any power granted
in this Lease Agreement, or to enforce any other legal or
equitable right vested in Corporation or its assignee by this
Lease Agreement or by law. The provisions of this Lease
Agreement and the duties of County and of the officers, agents
and employees thereof shall be enforceable by Corporation or
its assignee by mandamus or other appropriate suit, action or
proceeding in any court of competent jurisdiction.
Without limiting the generality of the foregoing,
Corporation and its assignee shall have the right:
(i) Accounting. By action or suit in equity to
require County and its officers, agents and employees to
account as the trustee of an express trust.
(ii) Injunction. By action or suit in equity to
enjoin any acts or things which r.tay be unalwful or in violation
of the rights of Corporation or its assignee.
(iii) Mandumus. By mandamus or other suit, action of
proceeding at law or in equity to enforce its or their rights
against County and its and any of its officers, agents, and
employees, and to compel it or them to perform and carry out
its and their duties and obligations under the law and its and
their covenants and agreements with County as provided herein.
Section. 8.4 Non-Waiver. Nothing in this Article VIII or
in' any other provision of this Lease Agreement shall affect or
Impair the obligation of County to pay Lease Payments. No
delay or omission of Corporation or its assignee to exercise
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any right or power arising upon the happening of any event of
default shall impair any such right or power or shall be
construed to be a waiver of any such event of default or any
acquiescence therein, and every power and remedy given by this
Article VIII to Corporation and its assignee may be exercised
from time to time and as often as shall be deemed expedient by
Corporation or its assignee.
Section 8.5 Remedies Not Exclusive. No remedy herein or
by law conferred upon or reserved to Corporation or its
assignee is intended to be exclusive of any other remedy, but
each such remedy is cumulative and in addition to every other
remedy, and every remedy given hereunder or now or hereafter
existing, at law or in equity or by statute or otherwise may be
exercised without exhausting and without regard to any other
remedy conferred by any law.
Section 8.6 Status Quo. In case any suit, action or
proceeding to enforce any right or exercise any remedy shall be
brought or taken and then discontinued or abandoned, or shall
be determined adversely to Corporation and its assignee, then,
and in every such case, Corporation and its assignee shall be
restored to its former position and rights and remedies as if
no such suit, action or proceedings had been brought or taken.
Section 8.7 Right of Certificateholders "Assignee, " as
used in this Article VIII, shall include Certificateholders to
the extent such Certificateholders are given rights to exercise
remedies hereunder pursuant to the Trust Agreement and each
Certificateholder shall be entitled to exercise any and all
such remedies as provided in the Trust Agreement.
ARTICLE IX
MISCELLANEOUS
SECTION 9. 1 Notices. All notices, certificates,
requests or other communications (other than payments by
County) hereunder shall be in writing and shall be sufficiently
given and shall be deemed given when delivered or mailed by
certified mail, postage prepaid, to the parties at their
respective places of business as follows:
If to the County:
County of Orange
10 Civic Center Plaza, 3rd Floor
Santa Ana, California 92701
Attn: County Administrator
07-22-86
2371k/2197/70 -26-
�f
If to the Corporation:
Orange County Public Facilities Corporation
10 Civic Center Plaza, 3rd Floor
Santa Ana, California 92701
Attn: Secretary
SECTION 9.2 Binding Effect. This Lease Agreement shall
inure to the benefit of and shall be binding upon the
Corporation and the County and their respective successors and
assigns.
SECTION 9.3 Severability. If any one or more of the
terms, provisions, covenants or conditions of this Lease
Agreement shall to any extent be declared invalid, enforceable,
void or voidable for any reason whatsoever by a court of
competent jurisdiction, the finding or order or decree of which
becomes final, none of the remaining terms, provisions,
covenants and conditions of this Lease Agreement shall be
affected thereby, and each provision of this Lease Agreement
shall be valid and enforceable to the fullest extent permitted
by law.
SECTION 9.4 Amendments. The terms of this Lease
Agreement shall not be waived, altered, modified, supplemented
or amended in any manner whatsoever except by written
Cinstrument signed by the Corporation and the County.
SECTION 9.5 Execution in Counterparts. This Lease
Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute
but one and the same instrument.
SECTION 9. 6 Applicable Law. This Lease Agreement shall
be governed by and construed in accordance with the laws of the
State of California.
SECTION 9.7 Captions. The captions or headings in this
Lease Agreement are for convenience only and in no way define,
limit or describe the scope or intent of any provisions or
sections of this Lease Agreement.
SECTION 9.8 Interest. The interest portion of Lease
Payments shall be determined on the basis of a 360-day year
consisting of twelve 30-day months.
07-22-86
1371k/2197/70 -27-
IN WITNESS WHEREOF, the Corporation has executed this Lease
C Agreement in its corporate name by one of its duly authorized
officers, and the County has caused this Lease Agreement to be
executed on its behalf by one of its duly authorized
officials. All of the above occurred as of the date first
above written.
LESSOR: Orange County Public
Facilities Corporation.
By: Cs&
Title: t
ATTEST:
Secr ar
LESSEE: unty of Orange
By:
A OaeA—
Titl-e: Ch rman f the Board of
Supervisors
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN
0£ THE BOARD OF SUPERVISORS:
A5SIST 1 t e Board
07-22-86
1371k/2197/70 -28-
r
k STATE OF CALIFORNIA )
ss.
C COUNTY OF ORANGE ]
On this day of /9 before me, a Notary
Public, State of Califor4
n' commissioned and sworn,
d
personally appeared k-Z , known to me
to be the Chairman of the Boa�ciul of Supervisors of the County of
Orange, California, that executed the within instrument on
behalf of said County therein named, and acknowledged to me
that such County executed the within instrument pursuant to a
resolution of the Board of Supervisors of said County.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed by official seal on the day and year in this
certificate first above written.
'7 OFFICIAL SEAL
CECILIA R.NOVEj
N0an�k-I:aw Notary Public
ORANGE COUNry State of California
MY Commt E Ma
(SEAL)
C STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this a? c� day of r�¢��Y before me, a Notary
Public, State of Califon ia, my commissioned and sworn,
personally appeared R2f•,. `cA7. ASSi21Aha known to me
to be the Clerk of the Board of Supervisors of the County of
Orange, California, that executed the within instrument on
behalf of said County therein named, and acknowledged to me
that such County executed the within instrument pursuant to a
resolution of the Board of Supervisors of said County.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed by official seal on the day and year in this
certificate first above written.
OFFICIAL SEAL
CECILIA R.NOV>;lLA
x Nno�ry Pubic, Notary Public
ORANGECOUkly State of California
My CommiSSiN Expires M&r. fD, �999
07-22-86
2371k/2197/70 -29-
STATE OF CALIFORNIA ) ,
COUNTY OF ORANGE )
On this •ot day of Q 19$6, before me, a
Notary Public, State of li rnia, duly co issioned and
sworn, personally appeared /C and
known to me to be the u
and of the Orange County Public Facilitfes
Corporation, that executed the within instrument on behalf of
said corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to a
resolution of the Board of Directors of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal on the day and year in this
certificate first above written.
�*HN
O. MY
7C1mff*im
CIAL SEAL
I R.NOV
€LLA rem
GE C 'IJ N tart' Public
EmwasLLy. ��• tees State of California
C
I
I
07-22-86
1371k/2197/70 -30-
STATE OF CALIFORNIA )
C j ss.
COUNTY OF ORANGE
On this 23rd day of ` July 1986, before me, a
Notary Public, State of California, duly commissioned and
sworn, personally appeared Wayne D. Wedin and
, known to me to be the rest en
arm of the Orange County Public Facilities
Corporation, that executed the within instrument on behalf of
said corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to a
resolution of the Board of Directors of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal on the day and year in this
certificate first above written.
�rM N��t�N����N����M+M�+�{ ���C�[7 /rJr�Crl� �� •
OfFC,usEu i# Notary Public
C VIOLET HOLMAN #
i State of California
2 P&WO.r omm In
%My Comm�Eap.hwYY 28.1989
.. __-36 z
I371k/119 7/70 .
EXHIBIT A ,
` DESCRIPTION OE THE PROJECTS
The Projects shall consist of the following Components:
1. Intermediate Care Facility
The project is to construct an 11,400 square foot
facility at the County Manchester Complex adjacent to the
Orangewood Home for Dependent Children in the City of
Orange. The facility will include residential,
.administrative and school components with parking for 15
cars. The facility will have the potential to house up to
24 minors. Estimated design and construction costs are
$1.3 million. Expected completion is August, 1987.
2. CAL-ID
The CAL ID includes the purchase of a master computer
system including four local terminals and other supporting
equipment.
C The California Identification System (CAL ID) is a
statewide automated fingerprint identification system.
Orange County has been designated as a participating
County. The system will allow for retrieval of all prints
in the data base by County law enforcement personnel
including participating cities. In addition, four cities
as well as the County will be able to input print data into
the system. The system will provide faster and more
accurate local information as well as continued access to
statewide data.
Total equipment and initial first year costs equal
$2,850,300 offset by a state grant in the amount of
$1,722,000 for a total local cost of $1,913,300.
Approximately 80% of the local costs will be borne by
participating cities. Equipment installation is expected
to begin in September, 1986.
07-22-86
1371k/2197/70 EXHIBIT A
3. 800 MZ - FIRE RADIO SYSTEM
CThis project is for the procuring of a fire
communication system for the fire service of orange
County. It is a replacement to the present system which
has been operational since 1952.
The new system consists of two components, a backbone
and field equipment. The backbone refers to that portion
of the system that allows dispatch centers, fire stations,
mobile radios, portable radios and pages to communicate
with each other. It consists of mobile relay equipment,
microwave equipment and associated control equipment.
Field equipment consists of dispatch centers, fire
stations, mobile radios, portable radios and pages.
Sixteen cities within the County will participate in
the system through a joint operating agreement. Ten of
these cities, along with the County will finance their
portion system costs totalling approximately $5,915,000.
4. TELECOMI,UNICATION EQUIPMENT
This project provides for the replacement of the
C County`s telecommunications system. The Orange County
Telecommunications Network (OCTNET) will provide the County
with a state of the art, user oriented network allowing for
a Countywide cost effective telecommunications system,
designed in accordance with the Telecommunications Network
Master Plan, approved by the Board of Supervisors in Play
1984. OCTNET will consist of an internal network of five
regions including a central hub in the Civic Center and
four regional hubs located in the north, west, harbor and
south areas.
Total system costs are estimated at approximately $60
million over a ten-year period, representing a savings of
about $30 million over the existing system.
This project includes financing the equipment and
related installation projects totaling $19,780,423 .
OCTNET will require a two-year installation period and
has an expected useful life of ten years.
07-22-86
1371k/2197/70 EXHIBIT A
i
C EXHIBIT B
DESCRIPTICU
Manchester Avenue Ccnplex
Intermediate Care Facility
PM 1118
Those portions of Lots 28 and 29 of the Dawn Tract, in the City of Orange,
County of Orange, State of California, as per map recorded in Book 8, page 21 of
Miscellaneious Maps in the office of the County Recorder of said county,
described as follows:
Beginning at the northerly terminus of that certain curve cited as being
concave southwesterly and having a radius of 1000.00 feet, a central angle of
40008,16", and an arc length of 700.54 feet in Parcel l of the deed to the City
of Orange recorded February 26, 1973 in book 10567, page 361 of Official Records
In the office of said County Recorder, a radial line of said Curve to said
terminus bears N. 49039012" E.; thence southeasterly 373.23 feet Along said
curve through a central, angle of 21023105"; thence N. 71002117" E. , 81.25 feet
along the prolongation of a radial line of said curve to a line that is parallel
with and easterly 24.00 feet from the centerline of Manchester Avenue (now known
as The City Drive) as said centerline is shown on the map of Tract No. 3414 in
said city, county and state, and recorded in book 249, pages 11 through 19 of
said Miscellaneous Maps; thence N. 0012124" W., 127.27 feet along said parallel
line; thence N. 89056131" E. , 392.81 feet; thence N. 74016152" E. , 42.31 feet;
thence N. 8§056131" E., 170.86 feet; thence S. 6003129" E., 25.16 feet to the
TRUE POINT OF BEGINNING; thence S. 89028135" W., 12.00 feet; thence
S. 0031125" E., 181.00 feet; thence N. 800281350 E., 124.00 feet; thence '
S. 0031125" E. , 13.00 feet; thence N. 89028/351 E, 69.00 feet; thence
N. 0031125" W., 55.00 feet; thence N. 270271370 E., 42.62 feet; thence
N. 0°31125" W., 110.35 feet along a line that is parallel with and 233.00 feet
easterly from that certain course hereinabove cited as having a bearing of
S. 0031125" E. and a length of 181.00 feet, to that certain course cited as
having a bearing of N. 89955137" E. and a length of 133.74 feet in Parcel
No. PM 1116-48.5 of a deed recorded November 19, 1985 in Document No. 85-465100
of said Official Records; thence N. 89055129" W., 62.50 feet along last said
certain course; thence S. 0031025" E. , 9.64 f eetj thence S. 890281350 W.,
158.50 feet along a line that is parallel with and 181.00 feet northerly frcm
that certain course hereinabove cited as having a bearing of N. 890281350 E. and
a length of 124.00 feet to the TRUE P0I11T OF BEGINNING.
APPROVED:
L �
HS:enwP%M34-10 HAROI.D I. C TT
6203 Right of Way Engineer
DESCRIPTION
Manchester Avenue Ccnplex
Intermediate Care Facility
Access Easement
PM 1118
A strip of land, 20.00 feet wide, in Lots 28 and 29 of the Dawn Tract, in
the City of Orange, County of Orange, State of California, as per map recorded
in Book 8, page 21 of Miscellaneous Maps in the office of the County Recorder of
said county, the centerline of said strip being described as follows:
Beginning at the northerly terminus of that certain curve cited as being
concave southwesterly and having a radius of 1000.00 feet, a central angle of
40008116", and an arc length of 700.54 feet in Parcel 1 of the deed to the City
of Orange recorded February 26, 1973 in book 10567, page 361 of Official Records
in the office of said County Recorder, a radial line of said curve to said
terminus bears N. 49039112" E. ; thence southeasterly 373.23 feet along said
curve through a central angle of 21°23105' to the TRUE POIhT OF BEGINNING;
thence N. 71002117" E. , 81.25 feet along the prolongation of a radial line of
said curve to a line that is parallel with and easterly 24.00 feet from the
centerline of Manchester Avenue (now known as The City Drive) as said centerline
is shown on the map of Tract No. 3414 in said city, county and state, and
recorded in book 249, pages 11 through 19 of said Miscellaneous Mags; thence
N. 0012124" W., 127.27 feet along said parallel line; thence N. 89 56131" E. ,
392.81 feet; thence N. 74016'52" E. , 42.31 feet; thence N. 89056131R E.,
170.06 feet; thence S. 0003129" E., 25.16 feet.
EXCEPT therefrom that portion included within said Parcel 1.
APPROVED:
AROLD I. OTT
Right of Way Engineer
ES:emwPWD34-9
6203 -
e
EXHIBIT C
PRINCIPAL AND INTEREST COMPONENT SCHEDULE FOR LEASE PAWIENTS
FOR ALL COMPONENTS
Lease Payment
Date
on the 15th
Day of the Month Principal Interest
Preceding the Component of Component of Total
Following Dates Lease Payment Lease Payment Payment
1/1/87 1,209,936.25 1,209,936.50
7/1/87 280,000.00 1,209,936.25 1,389,936.25
1/1/88 1,205,886.25 1,205,886.25
7/1/88 185,000.00 1,205,886.25 1,390,886.25
1/1/89 1,201,261.25 2,201,261.25
7/1/89 3, 665, 000.00 1,201,261.25 4,866,261.25
1/1/90 1,102,306.25 1,102,306.25
7/1/90 3,855,000.00 1, 102,306.25 4,957,306.25
1/1/91 991,475.00 991,475.00
7/1/91 4,070,000.00 991,475.00 5,061,475.00
C 1/1/92 869,375.00 869,375.00
7/1/92 4,320,000.00 869,375.00 5, 189,375.00
1/1/93 734,375.00 734,375.00
7/1/93 4,595,000.00 734,375.00 5,329,375.00
1/1/94 585,037.50 585,037.50
7/1/94 2,870,000.00 585,037.50 3,455,037.50
1/1/95 488, 175.00 488, 175.00
7/1/95 3,070,000.00 488,175.00 3, 558,175.00
1/2/96 380,725.00 380, 725.00
7/1/96 3,280,000.00 380, 725.00 3, 660,725.00
1/1/97 262,645.00 262,645.00
7/1/97 3,200,000.00 262,645.00 3,462,645.00
1/1/98 145,845.00 245,845.00
7/1/98 3,435,000.00 245,845.00 3,580,845.00
1/1/99 18,750.00 18,750.00
7/1/99 265,000.00 18,750.00 183, 750.00
1/1/00 12,562.50 12,562.50
7/1/00 265,000.00 12,562.50 177,562.50
1/1/01 6,375.00 6,375.00
7/1/01 170,000.00 6,375.00 176,375.00
07-22-86
1371k/2197/70 EXHIBIT C
EXHIBIT C
PRINCIPAL AND INTEREST COMPONENT SCHEDULE FOR LEASE PAYMENTS
FOR INTERMEDIATE CARE FACILITY COMPONENT
Lease Payment
Date
on the 15th
Day of the Month Principal Interest
Preceding the Component of Component of Total
Following Dates Lease Payment Lease Payment payment
1/1/87 57,617.50 57, 617.50
7/2/87 57,617.50 57,617.50
1/1/88 57,617.50 57, 617.50
7/1/88 57,617.50 57, 617.50
1/1/89 57, 617.50 57, 617.50
7/1/89 90,000.00 57,617.50 147,617.50
1/1/90 55, 187.50 55, 187.50
7/1/90 90,000.00 55,187.50 145,187.50
1/1/91 52,600.00 52,600.00
7/1/91 95,000.00 52, 600.00 147,600.00
C 1/1/92 49,750.00 49,750.00
7/1/92 105,000.00 49,750.00 154,750.00
1/1/93 46,468.75 46,468.75
7/l/93 110,000.00 46,468.75 156, 468.75
1/1/94 42,893.75 42,893.75
7/1/94 115,000.00 42,893.75 257,893.75
1/1/95 39,012.50 39,012.50
7/1/95 125,000.00 39,012.50 164,022.50
1/1/97 34, 637.50 34, 637.50
7/1/96 135,000.00 34, 637.50 169,637.50
1/2/97 29, 777.50 29, 777.50
7/1/97 145,000.00 29, 777.50 174,777.50
1/1/98 24, 485.00 24,485.00
7/1/98 255,000.00 24,485.00 179, 485.00
1/1/99 18, 750.00 18. 750.00
7/1/99 165, 000.00 18,750.00 183 ,750.00
1/1/00 12,562.50 12,562 .50
7/1/00 165,000.00 12,562.50 177,562.50
1/1/01 6,375.00 6,375.00
7/1/1 170,000.00 6,375.00 176,375.00
07-22-86
1371k/2197/70 EXHIBIT C
EXHIBIT C.
PRINCIPAL AND INTEREST COMPONENT SCHEDULE FOR LEASE PAYMENTS
FOR CAL-ID COMPONENT
Lease Payment
Date
on the 15th
Day of the Month Principal Interest
Preceding the Component of Component of Total
Following Dates Lease Payment Lease Payment Payment
1/1/87 70, 628.75 70, 628.75
7/1/87 180,000.00 70,628.75 250,628.75
1/1/88 66,578.75 66,578.75
7/1/88 285,000.00 66,578.75 251,578.75
1/1/89 61,953 .75 61,953 .75
7/1/89 195,000.00 61,952. 75 256,953.75
1/1/90 56,688.75 $6,688.75
7/1/90 205,000.00 56, 688.75 261,688.75
1/1/91 50,795.00 50,795.00
7/1/91 215,000.00 50,795.00 265,795.00
l/l/92 44,345.00 44,345.00
7/1/92 230,000.00 44,345.00 274,345.00
1/1/93 37,157.50 37, 157.50
7/1/93 243,000.00 37, 157.50 282,157.50
1/1/94 29, 195.00 29,195.00
7/2/94 260,000.00 29, 195.00 289,295.00
1/1/95 20,420.00 20,420.00
7/1/95 280,000.00 20,420.00 300,420.00
1/1/96 10, 620.00 10, 620.00
7/1/96 295,000.00 10,620.00 305,620.00
07-22`86
1371k/2197/70 EXHIBIT C
1
EXHIBIT C
C
PRINCIPAL AND INTEREST COMPONENT SCHEDULE FOR LEASE PAYMENTS
FOR 800 MHZ - FIRE RADIO SYSTEM COMPONENT
Lease Payment
Date
on the 15th
Day of the Month Principal Interest
Preceding the Component of Component of Total
Following Dates Lease-Payment Lease .PayMent Payment
1/1/87 254,095.00 254,095.00
7/1/67 254,095.00 254,095.00
1/1/88 254,095.00 254,095.00
7/1/88 254,095.00 254,095.00
1/1/89 254,095.00 254,095.00
7/1/89 1,510,000.00 254,095.00 1,764,095.00
1/1/90 213,325.00 213,325.00
7/1/90 1, 590,000.00 213,325.00 1,803,325.00
1/1/91 167,612.50 167, 612.50
7/1/91 1, 680,000.00 167,612.50 1,847, 61.2.50
C 1/1/92 117,212.50 217,212.50
7/1/92 1,780,000.00 117,212.50 1,897,212.50
1/1/93 61,587.50 61,587.50
7/1/93 1,895, 000.00 61,587.50 1,956,587.50
07-22-86
1371k/2197/70 EXHIBIT C
! ` J
i
. EXHIBIT C
PRINCIPAL AND INTEREST COMPONENT SCHEDULE FOR LEASE PAYMENTS
FOR TELECOMMUNICATION EQUIPMENT COMPONENT
Lease Payment
Date
on the 15th
Day of the Month Principal Interest
Preceding the Component of Component of Total
Following Dates Lease Payment Lease Payment Payment
VIM 827,595.00 827,595.00
7/1/87 827,595.00 827,595.00
1/1/88 827,595.00 827,595.00
7/1/88 827,595.00 827,595.00
1/2/89 827,595.00 827,595.00
7/1/89 1,870, 000.00 827,595.00 2,697,595.00
1/1/90 777,105.00 777, 105.00
7/l/90 1,970,000.00 777,105.00 2,747,105.00
1/l/91 720,467.50 720,467.50
7/1/91 2,080,000.00 720,467.50 2,800,467.50
C 1/1/92 658,067.50 658, 067.50
7/1/92 2,205,000.00 658,067.50 2,863,067.50
1/1/93 589,161.25 589, 161.25
7/1/93 2,345, 000.00 589,161.25 2,934, 161.25
1/1/94 512,948.75 512,948.75
7/1/94 2,495,000.00 512,948.75 3,007,948.75
1/1/95 428,742.50 428,742.50
7/1/95 2, 665,000.00 428,742.50 3,093,742.50
1/1/96 335,467.50 335,467.50
7/1/96 2,850,000.00 335,467.50 3, 185, 467.50
1/1/97 232,867.50 232,867.50
7/1/97 3,055,000.00 232,867.50 3,287,867.50
1/1/98 121,360.00 121,360.00
7/1/98 3,280,000.00 121,360.00 3,401,360.00
07-22-66
1371k/2197/70 EXHIBIT C
� v
EXHIBIT D
OPTION TO PURCHASE - PREPAYMENT SCHEDULE
PERCENTAGE OF
THE PRINCIPAL
AMOUNT OF
OUTSTANDING
CERTIFICATES
TO BE REDEEMED
PREPAYMENT DATE PRIOR TO MATURITY
July 1, 1993 through June 30, 1994 102.0%
July 1, 1994 through June 30, 1995 101.5%
July 1, 1995 through June 30, 1996 101.0%
July 1, 1996 through June 30, 1997 100.5%
July 1, 1997 and thereafter 100.0%
07-22-86
1371k/2197/70 EXHIBIT D
.Ij City of Huntington Beach
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY ADMINISTRATOR
May 12, 1986
County of Orange
General Services Agency
Communications Division
481 The City Drive South
Orange, California 92668
Attention: Mr. Robert C. Jones, Manager
Dear Mr. Jones:
Please find enclosed a signed copy of your letter dated May 5, 1986, indicating the city of
Huntington Beach's intention to participate in the 800 MHZ Financing Program.
If you have any questions, please call me at 536-5575.
Sincere
Charles W. Thompson,
City Administrator
CWT/RB:pj
Attachment
Telephone (7I4) 536-5202
R.A.SCOTT
_ oueew.GSA
a r?GdE-NE
O U NTY O F RAN Cm I— it S.CAMPBELL
t 11mcto(of Support Salw6%
RAL SERVICES AGENCY R.C. NES
COMMUNICATIONS DIVISION
481 The City Drive SotiM _
May $ 1986 OrarMr.Calibrria 925bB
(714)834-2122
L)
City of Huntington Beach
Charles Thompson • • . . '
2000 Main Street
Huntington Beach, CA 92648
Dear Mr. Thompson;
Your City submitted a letter of intent to participate in the financing program
for the 800 MHz Fire Communications System. Since that time there have been
changes as the financing program has been developed. These changes are
outlined below:
1. In late 1985 the financing was expected to be at a variable rate of
interest. Now, due to favorable market conditions, the County is
planning a fixed rate financing. Although rate fluctuations
constantly occur, the current rate is in the neighborhood of 6.5%.
2. The dollar amount of financing for the 800 MHz system will be based
on the letters of intent from the participating cities. The
City/County contract will be presented to your City after the sale
of the bonds. This will allow your City to know the exact ariount of
the periodic payment and the interest rate on which the payment is
based.
3. In order-to conform with the terms of the financing, and the terms
of the previously agreed to "Joint Agreement for the Implementation
and Operation of the Orange County Coordinated Fire Communications
System", the City/County contract will take the following form:
A. The contract for field equipment will be in the form of a
lease, with title passing to your City when the bonds are
retired.
B. The contract for the Backbone equipment will take the form of a
service agreement. Title for this equipment remains with the
County in accordance with the terms of the "Joint Agreement for
the Implementation and Operation of the Orange County
Coordinated fire Communications System".
0407A
r .
4. Prepayment of the bonds 'can only be allowed during the time of
system installation. If your City agrees to participate in the
financing and the installation and payment for the system is
completed, then you must continue to participate in the financing
without prepayment. Installation of the system is expected to be
completed by April 1988.
If your City still intends to participate in the financing please sign as
indicated on the copy of this letter and return it in the enclosed envelope by
May 15, 1986.
If you have any questions please call R. C. Jones, at 834-2122.
Sincerely,
i
C. J ne , Manager
muni Lions Division
cc: Fire Chief
File
The City of Huntington Beach intends to participate in the 800 MHz financing
program as outlined above. It is understood that this is not a final
commitment, but an indication of our intention for the purpose of sizing the
fin pack e.
ure Title a
0407A
a A.scan i
4 O U NTY O F RANGE Dlr*dM General Services Agency
a s.C MPBELi
� Director o1 Support SeMcee
(GENERAL SERVICES AGENCY JONES
STATEMENT OF ACCOUNT �C.
800 MHz FIRE COMMUNICATIONS SYSTEM
DATE: May 12, 1986
City of Huntington Beach FROM: County of Orange
2000 Main Street, P.O. Box 190 481 The City Drive South
Huntington Beach, CA 92648 Orange, CA 92668
ATTENTION: Chief Raymond C. Picard
ITEM DESCRIPTION COST
* BACKBONE SYSTEM $ 129,428.00
** FIELD EQUIPMENT $ 279,711 .64
TOTAL $ 409,139.64
PAYMENT TERMS: Payment will be in accordance- with the teals of the "Joint
Agreement for the Implementation and Operation of the Orange County
Coordinated Fire Communications System".
1 . Those Cities who participate in the financing program will pay in
accordance with the terms of a second agreement to be entered into
when financing terms are finalized.
2. Those Cities who do not participate in ' the financing program will be
invoiced as -payments to the system contractor are due.
CERTIFICATION:
I certify that the attached ield Equipment list is an accurate listing of
the equipment ordered b e Cit f Hvntin ton Beac
Date
* one cost as shown on Exhibit A of "Joint Agreement for the
p ementation and Operation of the Orange County Coordinated Fire
Communications System".
** Field equipment costs are those shown on attachment 1. These equipment
quantities and costs are in accordance with equipment orders and changes
received from your City through April 19, 1986. No further changes will be
processed with this order.
0418A
UNIT HUNTINGTON BEACH
3DEL 0 DESCRIPTION QUANITY PRICE QTY EQUIP INSTALL 1
_--__- ---------------�-------------- ----------------------------
45KEJ5G26-K-� SYNTOR 9000 564 $2, 290.00 21 $48, 090. 00 $61300. 00
306 15 SUB--IFLT CALL 564 $170.00 21 $3, 570.00
305 16 SYSTEM SELECT 564 - $170.00 21 $3,570.0Q1
322 DYNAMIC REGROUP 564 $85. 00 21 $1, 785. 00
PANDARD DIGITAL CONTROL 564 INCLUDED 21 $0. 00 21 @300
PANDARD CALL ALERT DEC. 564 INCLUDED 21 $0.00• "
PANDARD DUAL OPERATION 564 INCLUDED 21 $0.00
PANDARD EMERGENCY CALL 564 INCLUDED 21 $0. 00
PANDARD 35 WATT TRANSMIT 564 INCLUDED 21 $0. 00
______..________ ---_-___-__...__------------ 1
-BSIC-MOH1LE�PACKAGE- -$2, 7IS. 00- �
f
4SIC MOBILE OPTIONS i
a
t
)41 8STSd8MSG/ALERT 162 A170. 00 0 $0. 00
�95 PRIORITY SCAN 133 $85. 00 2 5170. 00
!69 SIREN/PA 19 S5 i0.00 0 $3.00
120 CALL ALERT ENC 13 $150. 00 0 $0. 00
:xx REMOTE DIG. CH 188 S600. 00 17 $101 200. b0 $29 550. Sty
:xx HANDSET (WP) 110 $B5.00 38 $31 230.00
TIONAL MOBILE
5TLA5GOO--Y. MOSTAR MOBILE 75 $1, 630. 00 24 •$399 120. 00 S6, 000. 00
87 CALL ALERT DEC 75 $43.00 24 $i,832.oz
XX 15 SUBFLEET 23 $200. 00 17 $3, 400. 0Q1
xx 16 SYSTEM 23 $200. 00 17 $39400. 00
46 8 SUBFLEET 38 $135. 00 0 $0. 00
39 8 '.SYSTEM 38 $128.fc 0 0 $0.ce
._«.s«..r:s��_c_o_==a=o=ins=:=-a_acr...rss=csssxsGcxascs ss-=sac=cs__avc_cas=ssr=cor
IE $ VOICE PAGER
--------------
I MHz PAGER 26 $41Lt.@0 0 SO. eel
:CS�C��_�G�C_��YS_C=i�_�r�XC�CS�tS_L�_�_CSC^3CC�i`=CCL`� Cx..^Ci'�C=CC�C7C�C3S3C S=SCT.��ss
;IC PORTABLE
---------------
iSTC5170-N STX, PORTABLE 506 $2, 209. 00 28 $619 852. oo
19 16 SYSTEM 506 $190.013 28 $5, 3 0.00
18 15 SUBFLEET 506 $190. 00 28 $5, 320. 00
8 DYNAMIC REGROUP 506 $95. 00 2d $29660.00
8656 14 HR CHARGER 506 $74. 00 28 $2, 072. 00
$2, 758. 00
' I
UNIT HUNTINGTON BEACH j
' ODEL # . DESCRIPTION QUANITY PRICE OTY EQUIP INSTALL I
----------------------------------------------------- ---------------------- �
- I
IASIC PORTABLE OPTIONS
----------------
iKXX DELETE 14HR CHGR 328 ($74. 00) 24 ($19776.00)
XXX 6STS & 4MSG 66 . s190.00 0 $0. 00
IXXX SUBFLEET SCAN 101 $95. 00 9 $855. 00
1269 . ' CALL ALERT P-85 $48. 00 28 S1, 344. 00 ;
(XXX LOW CAP BATTERY 6 ($20. 00) 0 $0. 00 y
I - CARRY CASE 148 ($12.00) 26 ($312.00) j
ILN8858 SGL UNIT CHGR 1HR 86 $135. 00 0 $0. 00
ILN8988 6UNIT CHGR 1HR 19 $570.00 3 $1, 710. 00
'XXX VEHICULAR CHGR 248 $300. 00 23 $61900.00 - %1,495.eke ;
ILN1193 CAPACITY TESTER 9 $1, 995. 00 1 $11 995.00 f
.-------,-.--------------------------------------------- ---------------------- c---- I
CONVERTACOM 14 $428.00 5 S2, 140.00 ss55.00 s
1/4 WAVE ANTENNA . 14 $19. 00' 5 $95. 00
CONVERTACOM PACKA 0 S447.00
0
XXX REMOTE DIG MIC 6 $300. 00 • 5 $19 503. 00
1353 15W TX PA 2 S6QAB. 00 0 $0. 00
TN4327 SPARE BATTERY 400 $125. 00 10 $1, 250. 00
TN4326 SPARE BAT LO-CAP 17 S105. 00 13 $1, 365. 00
XXX SWIVAL CASE 4 S46.0@ Z . $0.Qt0
IRE STATION PACKAGE
---------------
35TLA5GOO-K MOSTAR CTL. STAT. 142 $19 588. 00 9 $14, 292. 00 %2, 47 5. 00
665 CTL. OPERATION 142 $221. 00 9 *1, 989. 00
587 CALL ALERT DEC 142 $43. 00 9 $387. 00
116 EXTERNAL ALARM 142 $64. 00 9 $576. 00
-A493 YAGI ANTENNA 142 $53. 00 9 *477. 00
331-50 SUPERFLEX 401 142 $60. 0'd 9 S, 40. 00
1SW (2 EACH) MALE "N" CONN. 142 $16. 00 9 $144. 00
--------------------------------------------------- ---- _-----____-__-__-
%2, 045. 00
-5TI ONS
5.46 6 SUBFLEET 19 S135. C0 0 $0. Oki
-329 8 SYSTEM 19 5128. s¢s0 0 SO. 00
(XX 15 SUBFLEET 2 5200. 00 2 $4013. 00
XXX 16 SYSTEM 2 S200. 00 2 :&400. 00
:C-��.C--CC---_�--..G��GGGCGFGGGCC.:�CGCC.-..CC Gr2R6�FG�.�L"C 6G¢=C ..-C C=C�CC�Gr.��G�CS aGCL
SPATCH CENTER EQUIPMENT
i
UNIT HUNTINGTON REACH
ODEL 0 DESCRIPTION QUANITY PRICE QTY EQUIP INSTALL
_--------_ ------------ i
ASIC DISPATCH CENTER CONFIG 1 $3, 400. 00 '
f
35VLB5174AMSP05SUPERCONSOLETTE 24 $31071. 00 6 $189426. 00
273 MTG. KIT WALL 24 $50. 00 6 $300. 00
456AASP DYNAMIC REGROUP 4 $100. 00 1 $100. 00
K1O58 7.5' RACK 8 $310. 00 2 $620. 00
LN6200 AC UTILITY STRIP 12 $56.00 3 $168. 00
TLN9699 T1/Ri REMOTE ADPT 24 $306. 00 6 $1, 836. 00
TLN9698 T2/R2 MODULE a $395. 00 2 $790.00
.. i
----_��______________________ _-----..___________-_ --_ --____�._��______-__ �
LTERNATE I . . 2 0
35VLD5174AMSP05SUPERCONSOLETTE 2 $3,071. 00 0 $0. 00
33SADSP 15 SUFFLEET 2 170. 00 0 $0. 00 '
363ACSP 10 CONV+6 SYSTEM 2 $170. 00 0 $0. 00 '
441ASP CALL ALERT ENC 2 S400. 00 0 $0. 00
4LAESP SUBFLEET SCAN 2 $85. 00 • 0 $0. 00
3493 YAGI ANTENNA 2 $52. 00 .0 $0. 00
1SW MALE "N" 'CONN 4 $8. 00 0 $0. 00
..TERNATE II 2 0
5113 CON/CPU/DR/KB/CRT 2 S15,000. 00 0 $0.00 '
L226A PRINTER 2 $595. 00 0 $0. 00
3CR920002 PRINTER CABLE 2 $53. 00 0 $0. 0+0
_N6316 MTG. PANEL 2 $170. 00 0 $0. 00
i493 YAGI ANTENNA 2 $55. 00 0 $0. 00
311-50 HELIAX 40 2 $50. 00 0 $0.00
SW MALE "N" CONN. 4 $8. 00 0 $0. 00
.TERNATE IIA 1 0
(D XT CPU 1 $5, 495. 100 0 $0. ON
;641 ETHERSHARE INTF. 1 $625. 00 0 $0. 00
:500A ETHERLINK •INTF. 1 $1, 188. 00 0 TO. 00
it) CPU 1 S3, 278. 00 0 '$0. TO
;530-007 ETHERNET CABLE 1 S50. 60 0 $0. 00
TERNATE IIA THEREAFTER 0
ID CPU 0 $3, 278. 00 0 $0.00
500A ETHERLI NK I NT. 0 ?i, 188. 00 0 $0. 00
530-007 ETHERNET CABLE 0 . $50. 00 0 S0. 00
--------------------------------------------------- ----------------------------
�� )) M
UNIT HA4NGTON BEACH
'L .41 DESCRIPTION QUANITY PRICE . RTY EQUIP INSTALL
' I
;RNATE III 2 0 i
3 CON/CPU/DR/KB/CRT 2 *19, 162.00 0 S0.00
.GA PRINTER 2 . . 6595.00 0 $0.00
10002 PRINTER- CABLE 2 $53. 00 0 s0.,00
13 YAGI ANTENNA 2 655. 00 0 $0. 00
.-50 1/4" CABLE Ael •2 $50. 00 0 s0.00 "
OR MALE CONNECTOR 4 SS.00 0 ' S0.00 i
--------- _..- w__..________-
• I
i
RNATE IV 1 0 I
LB5600K MOSTAR RABID 1 1, 673.00 0 $0. 00
PRINTER 1 SI28.0e 0 S0.00
MULTI CALL ALERT 1 5100. 00. 0 $0. 00 ;
CTRL STAT OPER 1 $260, 00 0 $0.00
_50 * 1/4" CABLE 501 1 $60. 00 0 . S0.00
3 YAGI ANTENNA 1 $53.00 . 0 $0. 00
MALE "N" CONN 2 ea: 00 0 $0. 00
TRK 1 -POS 1 ' S4,229. 00 1• $4, 229,00
rRK 2 POS BS/15SUB 2 $5*490. 00 ..0 $0.00
TRY. 3 POS BS/15SUB S SS,751.00 1 S59 751.00
rRK 4 POS -8S/15SUB 1 S6,777.00
ARK 5 POS 8S/15SUB 1 S79012. 00 0 SO.00
-REMOTE-ANT. REM.CTL/CTLR&ANT 3 $49 639:00 0 SO.00
VNA SYSTEM ANT FEED CON 11 • $121. 00 2 $242.00
TABLE 1 67 $246, 640. 00 0 S0. 00
-)TIONS) C. A. E. /8S/15SUB 5 S500. 00 '0 $0. 00 EQU I PMENT EOPTS263,524.00 %P-3. 145.00
TAX TAX 515, 811.44
I NSTALLAI I ON I NST S23, 145. 00
BACKBONE EBB 5129, 42-8.00
TOTALk31, 908.44 ,
Adjustment: $431,908.44
Less two thirds of net 6 dispatch equip. _ (22,768.B0)
New Total - $409,139.64
{
R.A.scan
arww.GSA !
i
A.S.CAMPSE"
U N TY O F D'Mr"at sus i
i
2 t
s a RAkIM G a
GENERAL SERVICES AGENCY
SUPPORT SERVICES
1300 South Grand A+evA
Sarre Ana.Gtftmla 92705 I
May 15, .19 B6 (714)t;345737
I
I
City of Huntington Beach
Chief Raymond Picard +,
2000 Main Street
Huntington Beach, CA 92648
Dear Chief Picard;
Enclosed is a final Statement of Account for the 800 MHz Fire Radio System.
The statement reflects the total obligation of your City for the Backbone
System and Field Equipment.
This Statement of Account is provided so you may take action to encumber, or
otherwise set aside, any funds your City has allocated for this project.
The Backbone System cost is that shown in the "Joint Agreement for the
Implementation and Operation of the Orange County Coordinated Fire
Communications System". The final Field Equipment costs are those based on
equipment orders, placed by your City, with the system contractor, through
April 19, 1986.
In order to comply with requirements of the "Joint Agreement for the
Implementation and Operation of the orange County Coordinated Fire
Communications System", and -the Orange County Auditor/Controller, your
certification as to the accuracy of this Statement is requested.
Please have the appropriate City official sign the certification statement and
return the second copy in the enclosed envelope.
If there are any questions please call R. C. Jones, 834-2122.
Sincerely,
Robert S. Campbell
Purchasing Agent
County of Orange
0422A
UNIT HUNTINGTON BEACH
MODEL 0 DESCRIPTION QUANITY PRICE OTY EQUIP INSTALL
-- --_ _r_..___-_.._--___---------_-__..___..- ---
T45KEJ5G26-K! SYNTOR 900@ 564 $2, 290. @0 El -
I
W306 15 SUB-IFLT CALL 564 $170. 00 21 $3, 570. 00 `
W305 16 SYSTEM SELECT 564 $170. 00 21 $3, 570. 00
W822 DYNAMIC REGROUP 564 $6 5. 00 21 $1, 78 5. 00
STANDARD DIGITAL CONTROL 564 INCLUDED 21 $0.00 21 @300
STANDARD CALL ALERT DEC. 564 INCLUDED 21 $0. 00
STANDARD DUAL OPERATION 564 INCLUDED 21 $0. 00
STANDARD EMERGENCY CALL 564 INCLUDED 21 $0. 00 '
STANDARD 35 WATT TRANSMIT 564 INCLUDED 21 $0. 00
-_________ 4
BASIC MOBILE PACKAGE $2, 715.1�0- ti
BASIC MOBILE OPTIONS
-----------------
W941 BSTS&SMSG/ALERT 162 S170. 00 0 $0. 00
W495 PRIORITY SCAN 133 $85.00 2 $170. 00
W269 SIREN/PA 19 $550. 00 0 $0. 00
waa0 CALL ALERT ENC 13 $150. 00 0 $0. 00
WXXX REMOTE DIG. CH 188 .$600. 00 17 $10,200. b0 S2,550. 00
WXXX HANDSET (WP) 110 $85. 00 38 $3, 230. 02
3PTIONAL MOBILE
D35TLA50G00-K MOSTAR MOBILE 75 $1, 630. 00 24 $39, 120. 00 $61, 000. 00
4687 CALL ALERT DEC 75 $43. flc0 24 $1, 032. 00
3XXX 15 SUPFLEET 23 $200. 00 17 $3, 400. 00
3XXX 1E SYSTEM 23 $200. 00 17 $3, 400. 00
3346 8 SUDFLEET 38 $135. 00 0 $0. 00
3109 8 .SYSTEM 38 $128. 00 0 $0. 00
"ONE & VOICE PAGER
----------------
300 PJHZ PAGER 26 $410. 00 0 $0. 00
.___-.___ - _---_----_---_=_-------------
3ASIC PORTABLE
----------------
13 STC5170-N STX PORTABLE 506 S2, 209. 00 26 $61, 652. 00
1269 16 SYSTEM 506 $190. 00 $5, 320. 1 0
1208 15 SUBFLEET 506 $190. 00 28 $5,320. oo
,238 . DYNAMIC REGROUP 506 $95. 00 26 $2, 660.00
LNBB56 14 HR CHARGER 506 $74. 00 28 $29 072. 00
$2, 758. 00
UNIT HUNTINGTON BEACH
MODEL # , DESCRIPTION QUANITY PRICE QTY EQUIP INSTALL f
------------------------------------------------------ ------- -------------------
BASIC PORTABLE OPTIONS �
----------------
HXXX DELETE 14HR CHGR 328 ($74. 00) 24 ($1, 776. 00)
HXXX 6STS & 4MSG 66 $190. 00 0 $0. 00
HXXX SUBFLEET SCAN 101 $95. 00 9 $855. 00 ;
H289 CALL ALERT 285 S48.00 28 $19344.04
HXXX LOW CAP BATTERY 6 ($20. 00) 0 $0. 00
H - CARRY CASE 148 ($f2. 00) 26 ($312. 00) f
NLN8858 SGL UNIT CHGR 1HR 86 $135. 00 0 $0.00
NLN89B8 6UNIT CHGR IHR 19 $570. 00 3 $19710. 00
XXXX VEHICULAR CHGR 248 $300. 00 23 $6, 900. 00 - $1, 495. 00
4
PLN1193 CAPACITY TESTER 9 $19995. 00 1 $19995. 00
i
--------__-------------- ---------------------------- --------____.�------
'-
CONVERTACOM 14 $428. 00 5 S29140. 00 S925.00
1/4 WAVE ANTENNA 14 $19. 00 5 $95. 00
---------------------------------------------------- - ------------------------------ �
CONVERTACOM PACKA 0 $447. 00
0
XXXX REMOTE DIG MIC 6 $300. 00 • 5 $1, 500. 00
N1353 15W TX PA 2 $608. 00 0 $0. 00
NTN4327 SPARE BATTERY 400 $125. 00 10 $1,250. 00
NTN4326 SPARE PAT LO-CAP 17 $105. 00 13 s1, 3E,5. 00
XXXX SWIVAL CASE 4 $46. 00 a $0. 00
,�---tY^----CSC---•..7^..C=�.m GY.tC.�:=CtC=:Crz=CCC .f«=-=~�'C-- C---C�---CS..,.=-mot:---•�---_�_-
FIRE STATION PACKAGE
----------------
D35TLA5G+Za0-K MOSTAR CTL. STAT. 142 s 1, 588. 00 9 $14, 292. 00 S2, 475. 00
9665 CTL. OPERATION 142 $221. 00 9 $1,989.00
B687 CALL ALERT DEC 142 $43. 00 9 $367. 00
:4116 EXTERNAL ALARM 142 $64. 00 9 $576. 00
:)P493 YAGI ANTENNA 142 $53. 00 9 $477. 00
-S31-50 SUPERFLEX 401 142 $60.00 9 $540. %Z10
41 SW (2 EACH) MALE "N" CONN. 142 $16. 00 9 s l 44.'00
�2, 045. 00
]PTIONS
8346 8 SUBFLEET 19 S135. 00 0 s0. 00
)829 8 SYSTEM 19 s128. 00 0 $•0. 00
•3XXX 15 SUBFLEET 2 $200. 00 2 $400. 00
•3XXX 16 SYSTEM 2 p200.zk 2 A.iAad
)ISPATCH CENTER EQUIPMENT
UNIT HUNTINGTON BEACH
MODEL # DESCRIPTION QUANITY PRICE QTY EQUIP INSTALL
PASIC DISPATCHrCENTER-CON�IG--- ---- --- ---__ -_---------------
L35VLB5174AMSP05SUPERCONSOLETTE 24 $3, 071. 00 6 $18, 426. 00
L273 MTG. KIT WALL 24 $50. 00 6 $300. 00
L45GAASP DYNAMIC REGROUP 4 $100. 00 1 $100.00
MK1056 7. 51 RACK a $310. Q0 2 $620. 00
BLN6200 AC UTILITY STRIP 12 $56. 00 3 $168. 00
MTLN9699 Tl/R1 REMOTE ADPT 24 $306. 00 6 $1, 836. 00
MTLN9696 T2/R2 MODULE 8 $395. 00 2 $790. 00 f
---------------------------------------------------- ----------------------
ALTERNATE I 2 0
1
L35VLB5174AMSP05SUPERCONSOLETTE 2 $3, 071.00 0 $0. 00
L336RDSP 15 SUBFLEET 2 $170. 00 0 $0. 00
L363,ACSP 10 CONV*6 SYSTEM 2 $170. 00 0 $0. 00
L441ASP CALL ALERT ENC 2 $400. eQr 0 $0. 00
L4LAESP SUBFLEET SCAN 2 $65. 00 . 0 $0. 00
DB493 YAGI ANTENNA 2 $52. 00 0 $0. 00
41SW MALE "N" CONN 4 $8. 00 0 $0.00
ALTERNATE II 2 0
T5113 CON/CPU/DR/KB/CRT 2 $15, 000. 0o 0 $0.00 '
L1226A PRINTER 2 $595.00 0 $0. 00
CRCR920002 PRINTER CABLE 2 $53. 00 0 $0. 00
BLN6316 MTG. PANEL 2 %170. 00 0 $0. 00
DB493 YAGI ANTENNA 2 $55. 00 0 20. 00
=5J1-so HELIAX 40' 2 $50. 00 0 $0. 00
41SW MALE "N" CONN. 4 $8. 00 0 $Qi. 00
ALTERNATE IIA 1 0
FBD XT CPU 1 $59 495. Ilc 0 0 $0. 00
3C641 ETHERSHARE INTF. 1 $62;. 00 0 $N. elo
3C500A ETHERLINK INTF. 1 $1, 186. 00 0 s0. 00
rBD CPU 1 $3, 276. 00 S •$0. 00
3C530-007 ETHERNET CABLE 1 $50. 00 0 $0. 00
ILTERNATE IIA THEREAFTER 0
"BD CPU 0 $3, 278. 00 0 $0. 00
;C50tiLIA ETHERLINK INT. 0 $1, 188. 00 0 $0. v-10
�C530-007 ETHERNET CABLE 0 $50. 00 0 $0: 00
13��117
• UNIT HUNTINGTON PEACH
MODEL # DESCRIPTION DUANITY PRICE , OTY EQUIP INSTALL i
--------------------------------------------•----------- --------.____--------------_ I
ALTERNATE III 2 0
T5113 CON/CPU/DR/KB/CRT 2 $19, 162. 013 0 $0. 00
L1226A PRINTER a - $595. 00 0 $0. 00
CR920002 PRINTER CABLE 2 $53. 00 0 $0. 00
DB493 -YAGI ANTENNA 2 $55. 00 0 $0.00
FSJ1-50 1/4" CABLE 40' 2 $50. 00 0 $0. 00
41 SWOA MALE CONNECTOR 4 $8. 00 0
------------------------------------ -------------- --------------------•------- ,
4LTERNATE IV 1 0
335TLB5600K MOSTAR RADIO ! $1, 673. 00 0 $0. 00 !
3829 PRINTER 1 $128. 00 0 $0. 00
9699 MULTI CALL ALERT 1 $100. 00 0 $0. 00
3665 CTRL STAT OPER 1 $260. 00 0 $0. 00
=SJI-50 ' 1/4" CABLE 50' 1 $60. 00 0 $0. 00
)B493 YAGI ANTENNA 1 $53. 00 0 $0. 00
+1SW MALE "N" CONN 2 $8. 00 0 $0. 00
_DC TRK 1 POS 1 $4,229. 00 1 $49 229,00
_OC TRK 2 POS 8S/15SUS 2 $5, 490. 00 .0 . $0. 00
_OC TRK 3 POS B5/15SUB 6 $5,75 1. 00 1 $5, 751. 00
_CC TRK 4 POS 8S/15SU8 1 %67 777. 00
_OC TRK 5 POS 6S/15SUB 1 $7, 012. 00 0 $0.-b6_• -
�. S. -REMOTE-ANT. REM.CTL/CTLR&AIIT 3 $4, 639.00 0 $0.00
INTENNA SYSTEM ANT FEED CON 11 $121. 00 2 $2+42. 04'1
tK MT TADLE 1 67 $246, 640. 00 0 $0. 00
Z OPTIONS) C.A.E. /8S/15SUB 5 9S00. 00 0 $0. €13
•----.-.-_.���_.--as.s_._.--�-_.�--_s��-...-x=ssr..�=-sxx==sass�ca ta-ax-x==ate:a._-x_.sa�xxcs�gx.
EQUrPMENT EQPT$C63, 524. 00 $23. 145. 00
TAX TAX S15, 611. 44
INSTALLATION I14ST %23, 145. 01.1
EACKUONE B8 $129, 428. 00
TOTAL $431, 908. 44
AdJustment: $4319908.44
Less two thirds of Net 6 dispatch equip. 22,768.82)
New Total $409,139.64
a, one CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
January 6, 1986
Robert C. Jones, Manager
GSA/Communication Division
481 The City Drive South
Orange, CA 92668
Dear Mr. Jones:
Please accept this letter as the City of Huntington Beach's expression of desire to
participate in the County of Orange Fire Communications System Financing Plan. We
wish to participate to the fullest extent available to our City.
We understand that there will be a separate financing agreement between the City and
the County. Also, that this agreement is being drafted by County Counsel and will be
forwarded to the City for appropriate approval.
Sincerely,
CHARLES W. ' MPSON
City Administrator
City of Huntington Beach
1890j
•CITY OF HUNTINTON BEACH
1 .
2 JOINT AGREEMENT FOR THE
IMPLEMENTATION AND OPERATION OF THE
$ ORANGE COUNTY COORDINATED FIRE COMMUNICATIONS SYSTEM
4
S
THIS AGREEMENT is entered into, on(��,�, 2._, 19PC
by and between the COUNTY OF ORANGE, a body politic, hereinafter
7
designated as "COUNTY, " and all the USERS listed on Exhibit "A"
8
which is attached hereto and incorporated herein by reference,
9
hereinafter designated as "USER(S)".
10
WIThESSETH:
11
WHEREAS, in the administration of County and City
12
government, within the County of Orange, and the operation of
13 fire protection agencies by such governmental units the
14 � maintenance and operation of a Coordinated Fire Radio
15 , Communications System is desirable.
16 ! WHEREAS, such facilities have heretofore been
17 established within the County of Orange and have been maintained
18 • and operated under the provisions of certain agreements by and
19 between the parties hereto, and
20
WHEREAS, COUNTY and USERS have increasing requirements
21 for Coordinated Fire Radio Communications, and
22 WHEREAS, COUNTY, in cooperation with the USERS, has
23 developed an 800 MHz Coordinated Fire Radio Communications
24 System to meet the increasing Fire Radio Communications needs of
25 the COUNTY and USERS, and
26
27
21
�1
1 WHEREAS, said 800 MHz Coordinated Fire Radio
2 Communications System will be available for the mutual use and
3 benefit of the COUNTY and USERS, and
4 WHEREAS, it is recognized that new users may from time
5 to time in the future require access to this Coordinated Fire
6 Radio Communications System, and
7 WHEREAS, SYSTEM will require appropriate procedures for
g administering the addition or removal of new users , planning and
g implementing future SYSTEM modifications, developing and
10 implementing operational policies beneficial to the USERS, and
11 NOW, THEREFORE, in consideration of the mutual
12 covenants, conditions, agreements and stipulations hereinafter
i
13 expressed, the COUNTY and USERS hereby agree as follows:
14
15 1. An 800 MHz Coordinated Fire Radio Communications System,
16 hereinafter referred to as SYSTEM, shall be established in the
17 County of Orange. Said SYSTEM is described in the response to
18 County of Orange, Request for Proposal 78602 — 800 MHz Trunked
19 Fire Radio System, dated November 16, 1984, revised. Said SYSTEM,
20 is composed of two component parts, "SYSTEM Backbone" and "SYSTEM
21 Field Equipment".
22 ("SYSTEM Backbone" means that portion of the SYSTEM
i
23 that provides the weans by which dispatch centers, i
24 fire stations, mobile radios, portable radios, and
25 pagers communicate with each other and is composed of
26 mobile relay equipment, microwave equipment, and
27 associated control equipment. )
28
Revision 1 Page 2 of 15
I ("SYSTEM Field Equipment" means that portion of the
2 SYSTEM that uses the SYSTEM Backbone for communications
3 and consists of dispatch centers, fire stations, mobile
4 radios, portable radios , and pagers. )
5 A. The primary purpose of the SYSTEM shall be to serve all
g of the Governmental Fire Service Agencies in the County of
7 Orange.
8 B. Secondarily, additional governmental new users may be
g added or removed from the SYSTEM as conditions warrant.
10 C. The COUNTY may from time to time enter into such,
11 agreements or contracts, with various vendors for purchase
12 or lease, installation, service and maintenance as may be
13 necessary and required in order to effectuate the purposes
14 and objects of this Agreement. All such agreements or
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15 contracts shall comply with applicable State Law.
16 D. The Orange County Fire Chiefs Association hereinafter
17 referred to as (OCFCA) represents all USERS of the SYSTEM,
18 and in cooperation with COUNTY, has heretofore determined
19 operational policy for the present fire communication
20 system; consulted with COUNTY on present fire communication
21 system upgrades; and approved recommendations for the use of
22 the present fire communication system by new users who
23 provide operational support to the -Fire Services. It is
24 appropriate to direct the OCFCA to continue their
25 established role in the operation of the new SYSTEM.
28 Therefore, COUNTY and USERS, hereby designate the OCFCA to
27 act for USERS to: to determine whether or not new users
28
Revision 1 Page 3 of 15
I shall be added to, or removed from, the SYSTEM; to consult
2 with COUNTY to determine and recommend to USERS future
3 modifications of SYSTEM; to develop operational policies for
4 SYSTEM; in accordance with the terms and conditions of this
5 Agreement.
g E. Notwithstanding Section 1.D. , above, any proposed action
7 by OCFCA pursuant to Section l.D. , above, shall be subject
i
$ to a thirty (30) day review by USERS. Should any USER object {
i
9 to said action by OCFCA, said action shall require the
10 approval of 75% of USERS Governing Bodies to implement.
11 Each USER shall designate, in writing to the OCFCA, one (1)
12 representative of USER to review said proposed actions. If
13 USER does not designate, in writing, a representative, said
14 representative shall be the Chief of said USER's Fire
15 Department.
16 (Governing Body as referred to in this Agreement, shall
17 include, but not be limited to, Board of Supervisors,
18 City Council, or Board of Directors. )
19 F. Further, any SYSTEM modification or other action by
20 OCFCA which requires USERS to obligate funds for cast
21 sharing shall require prior approval by the Governing Body
22 of each participating USER.
23
24 2. This Agreement shall take effect as above dated. It shall
25 remain in effect for a five-year (5) period and shall continue
26 for additional periods of five-years (5) each, unless the i
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27 Governing Body of either COUNTY or USER votes not to continue the
28
Revision 1 Page 4 of 25
1 Agreement at a meeting more than one year before the expiration
2 of any five-year (5) period and notifies all existing USERS
3 within thirty (30) calendar days. Notwithstanding the preceding
4 sentence, this Agreement may be terminated by any individual
5 party hereto, as to that party, by serving written notice of
6 termination on the COUNTY. After the expiration of SIXTY (60)
7 days from the giving of such notice, the individual party so
8 electing to withdraw shall cease to be a party to this
9 Agreement. Such termination shall not relieve said party of any
10 financial obligation assumed as a part of this agreement.
11 However, the party so terminating shall not be responsible for
12 any financial obligations assumed by the other parties hereto
13 subsequent to said termination. Similarly, it is understood that
14 COUNTY has ownership of the SYSTEM Backbone and upon any
15 termination of this Agreement or individual termination by any
16 USER, any and all right, title, and interest in the SYSTEM
17 Backbone shall remain with the COUNTY.
18
19 3. COUNTY shall:
20 A. Negotiate and enter into agreements or contracts with
21 the various vendors as contemplated by Section 1.0 of this
22 Agreement.
23 B. Make payments due and payable under such agreements.
24 C. Negotiate and enter into agreements with new users which
25 may hereafter receive approval to access the SYSTEM pursuant
26 to this Agreement, provided that:
27
28
Revision 1 Page 5 of 15
1 1) Any such new user(s) hereafter desiring to become a
2 party to this Agreement may do so by executing a copy
3 of this Agreement and assenting and agreeing to all of
4 the terms, conditions, and costs hereof.
5 2) Any additional terms, conditions, and costs for
6 entry shall be included in an addendum to this
7 agreement. Said addendum shall address any direct or
$ indirect compensation to USERS for System Backbone
g usage by new user.
10 (Indirect compensation may take the form of
11 improvement or modification of SYSTEM for the
12 benefit of all USERS. )
13 3) COUNTY shall consult with the OCFCA to determine
14 the appropriate additional terms, conditions, and
15 costs to be included in said addendum.
16 4) Such entry of such new users into the SYSTEM shall
17 require the approval of the OCFCA in accordance with
18 Section Y .D. , above.
19 4. USERS and COUNTY agree to the following:
20 A. COUNTY will utilize a separately identifiable account,
21 hereinafter referred to as "ACCOUNT" for the purpose of
22 initially funding the SYSTEM.
23 B. USERS shall pay their proportional share of the cost of
24 SYSTEM Backbone, as shown on Exhibit A, and USERS share of
25 SYSTEM Field Equipment in accordance with either 4.B. 1, or
L8 4.B.2 below:
27
28
Revision 1 Page 6 of 15
Jr
1 1) Payments equal to USERS' proportional share, as
2 shown on Exhibit A, of the total SYSTEM Backbone
3 acquisition costs incurred by COUNTY together with
h USERS' Field Equipment acquisition cost. Said payments
5 shall be made within thirty (30) days of receipt of
6 invoices from COUNTY. The amount of each invoice shall
7 be determined by the payment schedule to vendor(s) .
8 Ownership of USERS' SYSTEM Field Equipment shall be
9 transferred to USER upon full payment to COUNTY.
10 2) USERS who desire to finance USER portion of SYSTEM
11 Backbone, as shown on Exhibit A, and SYSTEM Field
12 Equipment shall notify COUNTY in writing. Said written
13 notification shall include a complete listing of SYSTEM
14 Field Equipment quantities USER intends to purchase.
15 Financing shall be covered by separate agreement. The
16 terms of the separate financing agreement between
17 COUNTY and USER will be determined by the type of
i8 financing utilized by the County and the cost thereof.
19 C. COUNTY shall provide, to USERS, a report which will
20 include funding arrangements for the acquisition,
21 installation, and modification of the SYSTEM.
22 D. COUNTY shall provide, to USERS, a financial report at
23 the end of each fiscal year. Said financial report shall
24 include:
25 1) An accounting of all USER funds paid to vendor(s)
26 for SYSTEM.
27
28
Revision 1 Page 7 of 15
• V �f
1 2) A statement to each USER, participating in the
2 optional financing plan, detailing said USERS'
3 remaining financial obligation.
4 E. Contributions to the ACCOUNT become the property of
5 COUNTY.
6 F. COUNTY shall, at COUNTY expense, expand or modify
7 existing facilities, or add new COUNTY radio structures or
8 facilities as necessary, to support the implementation of
I
9 SYSTEM Backbone. i
10 G. USERS shall, at USER expense, expand or modify existing 1�
11 USER structures, facilities, or dispatch centers as I
12 required to support the installation of USERS SYSTEM Field
13 Equipment.
14
15 5. SYSTEM MODIFICATION
16 A. SYSTEM modification may be needed from time-to-time to
17 meet the changing needs of COUNTY or USERS. COUNTY and the
18 OCFCA will monitor needs and make recommendations to USERS.
19 SYSTEM modification recommended by COUNTY and OCFCA, and
20 agreed to, in accordance with Section I.E. and l. F. , by
21 USERS, will be implemented by COUNTY.
22 B. Future SYSTEM Backbone modifications will be funded by
23 COUNTY. Cost sharing shall be determined in accordance with
24 Section a(c) below.
25 C. Cost sharing of future SYSTEM backbone modifications
26 shall be determined based on the benefit to be derived by
27 individual USERS. The OCFCA shall be responsible for
26
i
Revision 1 Page S of 15
t i
1 recommending SYSTEM modification and cost sharing to
2 COUNTY and USERS. SYSTEM modification agreed to by both
$ COUNTY and USERS will be implemented by COUNTY.
4 1) The cost for any modification consisting of a
5 single local system relay station designed to cover an
6 area within a single USER area shall be borne by that
7 USER.
8 2) If modification were to improve service in a local
9 area or NET those USERS participating in those areas
10 or NET shall share the cost.
11 3) If the modification were to benefit all USERS the
12 cost shall be shared by all USERS.
18 D. The cost sharing formula to be used is a percentage based
14 on the square miles within each USERS sphere of influence
15 as determined by the Local Agency Formation Commission and
16 each USERS SYSTEM Field Equipment quantity. The sphere of
17 influence equals 50% and the System Field Equipment equals_
I
is 50%.
19 The percentage for each USER will be determined using
20 equipment quantities and square wiles calculated at the time
21 of the SYSTEM upgrade. For examples of Sphere of Influence
22 square miles and SYSTEM Field Equipment quantities see
23 Exhibit A.
24
25 6. GOVERNMENTAL USERS OTHER THAN THE FIRE SERVICE.
26 A. The trunked design of the SYSTEM may support multiple
27 users. If, within channel loading limits, new users may
2$
Revision 1 Page 9 of 15
I share the SYSTEM without degrading the level of service nor
2 interfering with the fire services, such new users may be
3 added.
4 B. The Federal Communications Commission has minimum loading
5 standards that must be adhered to. In order to meet the
g minimum loading standards established by the Federal
7 Communications Commission, and to insure efficient
8 utilization of the SYSTEM spectrum resource, COUNTY will
9 continually monitor the level of use of the SYSTEM. Any non-
10 fire, governmental communications requirement identified,
11 shall be brought to the OCFCA for review. If the OCFCA
12 determines that such use will be beneficial to the fire
13 services the OCFCA shall approve said use.
14 C. Non-fire service new users who, from time-to-time have
15 need to communicate with the fire services during
16 emergencies or in their daily support of the fire services,
17 will be allowed to access the SYSTEM. This use shall be
i8 subject to approval of the OCFCA. Such use shall include the
19 day-to-day operations of said non-fire new users on a non-
20 interfering prioritized basis.
21 D. Such non-fire service new users are defined to include,
22 but not be limited to , County and City , support functions
23 such as Animal Control, Flood Control, Life Guard Service,
24 Equipment Maintenance, Public Works, Law Enforcement, and
25 similar uses.
2s
27
28
Revision 1 Page 10 of 15
V
I E. The COUNTY shall be responsible for coordinating SYSTEM
2 access and the terms and conditions of such use after
3 approval of a governmental non-fire new use of the SYSTEM.
4 F. Non-fire new use of the SYSTEM shall be monitored by
5 COUNTY. If in the future the needs of the Fire Services
6 expands to the point of significant competition with non-
7 fire new users for SYSTEM access, the COUNTY shall take
8 action to reduce such non-fire new uses. The COUNTY shall
g consult with the OCFCA. The OCFCA shall determine if non-
10 fire new users are to be removed from the SYSTEM.
11 G. Non-fire new users shall be removed in reverse-order of
i
12 their entry into the SYSTEM. i . e. , the last service to
13 enter the SYSTEM shall be the first to be removed except
14 when a user voluntarily relinquishes SYSTEM access. '.
15 H. Non-fire new users who relinquish a radio frequency to
16 the Fire Services in return for use of the SYSTEM, shall
17 not be subject to removal as described in Section 6.E. ,
is above. Such ton-fire new users may only be removed if a
19 suitable replacement radio frequency is obtained and such
20 removal is agreed to by said non-fire new user. Radio
21 frequency as referred to in this section shall include any
22 of the following:
23 1) An 800 MHz radio frequency that can be added to the
24 SYSTEM.
25 2) A radio frequency in any band which may be used for
26 voice or data communications for the benefit of the
27 Fire Services.
28
Revision 1 Page 11 of 15
I I. Non-fire new users shall be given sufficient time, not to
2 exceed, one (1) year to transfer their operations to
3 another communications system. COUNTY shall assist said
4 non-fire new users in finding an alternate communications
5 system and a suitable alternate' communications system is
6 not guaranteed.
i
7 J. COUNTY and USERS shall make a reasonable effort to
8 purchase 800 MHz equipment from any non-fire user removed
g from the SYSTEM. Determination of prices for equipment
10 disposed of in this way shall be determined by the terms of
11 the original agreement allowing said non-fire new user
12 access to the SYSTEM. If the price is not addressed in the
13 agreement, then the price shall be the trade-in value quoted
14 by the manufacturer of the equipment at the time of sale.
15
16 7. OPERATIONAL POLICY
17 A. Operational policy shall be established by the OCFCA.
18 Said policies shall insure that each participant in the
19 SYSTEM is treated equitably and that each user has
20 sufficient communications authorized to meet their
21 legitimate needs.
22 B. Fire USERS shall have operational priority over all non-
23 fire new users who may, in the future, access the SYSTEM.
24 C. Any dispute between USERS over operational policies
25 established by the OCFCA shall be resolved by the OCFCA. If
I the dispute cannot resolved by the OCFCA the parties may
26 1
271 present their dispute to an arbitration panel acceptable to
I
28
Revision 1 Page 12 of 15
(�
i
1 both the OCFCA and USER. Any costs incurred through the use
2 of a panel shall be borne by those who are parties to the
3 arbitration.
4 8. Each party shall indemnify and hold all other parties harmless
5 from liability for acts or omissions of itself and its agents and
6 employees in connection with the performance of this agreement.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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28
Revision 1 Page 13 of 15
1
IN WITNESS WHEREOF.-. the parties hereto have hereunto set their
2 hands and seals on . the date set forth opposite their respective
signatures on identical counterparts of this instrument , each of
3 which shall for all purposes be deemed an original thereof.
4
DATED:______ ____19b� COUNTY OF ORANGE,
5 a body politic and corpora c
By- ----------------- ----
7 Chairman of the Board of Supervisors
8 ; Signed and certified that a copy of
this document has been delivered to
9 the Chairman of the
Board
10
11 ^� - Linda-D. Roberts
Clerk of the Board of Supervisors
12 County of Orange. California
13 DATED: /f/pye02J&,e1,". 19 CITY OF 14W&Mr* Lrh _�_VCtt_r{
14 a municipal corporation
isATTEST:
By___________ ________r_ By__ ___ P-__---___- _--_---
1s ---G � r1RyoR
17 City Clerk
19 - pproved As To F rm: APPR :
20 " ` -y-�-`� =------
Goubty Counsel ;_� CHARLEs THowsm
21 CITY ADMIN TRATOR
22 Ap vad As T orm:
23 -- -------
ity Attor ey RAYMQN; C. PICARD
24 FIRE CHIEF
25
26 ,
27
28
Revision I Page 14 of 15
r
1 Exhibit A
2 800 MHz Fire Communications System
SYSTEM Backbone Cost Per USER
3 I
USER SO. MI. 1 EQUIP 2 X OF SHARED 3
4 COST COST
i
5 COUNTY OF ORANGE 342.77 517 45.80 $ 1,056, 908
6 CITIES OF:
. I
7 ANAHEIM 54.35 60-1/4 7. 19 165,984
8 BREA 23.30 29 2.87 66, 146
9 BUENA PARK 10.51 43 2.50 57,585
10 COSTA MESA 15. 95 29 2. 33 53,765
11 FOUNTAIN VALLEY 9. 80 21-1/3 1.57 36,294
12 FULLERTON 22.40 43 3.36 77,615
13 GARDEN GROVE 18. 04 44-1/4 3. 10 71,429
14 HUNTINGTON BEACH 29.30 86-1/3 5. 61 129,428
15 LAGUNA BEACH 6.40 21 1.31 30,258
16 LA HABRA 7.55 2: 1.44 33, 122
17 NEWPORT BEACH 22. 90 51 3.72 85,876
18 ORANGE 62. 90 68-1/4 7.34 169,257
19 SAN CLEMENTE 17.32 30 2.47 579000
20 SANTA ANA 27.33 ill 6.46 148,986
21 STANTON 3. 38 18-1/4 0.98 22, 620
22 WESTMINSTER 10.70 29-1/3 1.96 45, 230
23 COLUMN TOTALS 684.9 1244 100. 00 $ 2,307,504
24 1 Spheres of influence as shown on LAFCO map dated 1984. Spheres
of influence include both incorporated and unincorporated area
25 for each USER.
26 2 SYSTEM Field Equipment - Quantity of mobile radios, portable
radios, base stations, and dispatch centers.
27
3 SYSTEM Backbone shared cost - Includes tax and installation
28 displayed to the nearest dollar, carried to ten places
Revision 1 Page 15 of 15