HomeMy WebLinkAbout05/22/1995 Item #470
CITY OF NEWPORT BEACH
Office of the City Manager
May 22, 1995
Agenda Item No. 4
MAY 2 2 1996
TO: Honorable Mayor And Members of the City Council
FROM: KEVIN J. MURPHY, CITY MANAGER
SUBJECT: 800 MHz RADIO SYSTEM
AND JOINT POWERS AGREEMENT
DISCUSSION
As you know, the City has been participating with the County and all Orange
County cities in the steps necessary to acquire a new 800 MHz state of the art
radio communications system for all public law enforcement, marine safety, and
public works personnel. In addition, the proposed new radio system will
integrate with existing fire service 800 MHz radio systems now utilized by all
County and City fire personnel.
Earlier this year the County Board of Supervisors approved a comprehensive
contract document with Motorola to acquire, install and maintain the new radio
system. The timing of the Board's action was critical to the County and cities
retaining the FCC's Channel Allocation, and now each city must act to approve
a Joint Powers Agreement. The FCC has given the County and cities until
October 1995 to acquire the new system and begin the installation of the
backbone equipment and initial operation of field units. The agreement
between the County and Motorola is conditioned upon the creation of a Joint
Powers Agreement which will provide for the acquisition, financing and
operation of the coordinated radio communications system within the County.
Several years ago the cities and the County developed a cost sharing formula
that will be utilized so that each agency pays for the specific equipment that it is
acquiring for its day to day usage based on a standard pricing structure within
the agreement with Motorola, and a prorated portion of the system infrastructure
based on numerous factors including number of radio units, population and
future population growth and several other factors. The total cost to the City of
Newport Beach is $3,393,958 for all the equipment that has been specified by
the City for acquisition and our portion of the infrastructure, shared services,
installation and taxes. It is possible that in the installation process City staff
may identify some additional costs associated with installing the new consoles.
These monies will be budgeted as part of the normal budgetary process in the
1996-97 Capital Improvement Budget. The breakdown of costs are as follows:
0 0
Equipment
$2,264,542
System Infrastructure
369,512
Share Services
591,882
MDT System'
131,216
MDT Shared`
36.706
Total
$3,393,958
"The City is still exploring options for Mobile Data Terminals in
Police field units and may delete this purchase after more
extensive review of Motorola units and the availability of other
vendor products.
The costs to the City are substantial as we are acquiring portable and mobile
units for the Police, Public Works, Utilities and Marine Departments. Our City's
safety operations are extremely diverse when compared to other cities since we
employ not only police patrol and motor units, but also helicopter and lifeguard
field units. In our non -safety field operations we also have an extensive number
of field units in the General Services and Utilities Department. At this time the
County is proceeding with the acquisition of the law enforcement component
only; however, other participants are able to purchase 800 MHz equipment so
that all field units are able to effectively coordinate their operations in routine
and emergency situations. In a fire, such as Laguna Beach experienced, or a
subsequent earthquake disaster situation, it will be critical for all field units
within and between cities to communicate effectively to provide emergency
operations and support. I am recommending that our City proceed with the
acquisition of the 800 MHz equipment for all City field operations at this time.
The City set aside in the 1993-94 budget $320,000 for the first of several debt
service payments that are anticipated for the acquisition of the system. If the
City proceeds with the acquisition, we will annually allocate a portion of those
monies for the debt payment in the Capital Improvement Budget for the 800
MHz system. At this time it appears that most of the cities will finance the
acquisition of their portion of the equipment either through joint or individual
financing. After the formation of the Joint Powers Agreement, a Financing
Subcommittee will be working to ascertain the intentions of each participant and
determine what the total financing costs will be for each agency interested. It is
recommended that our City examine our options and if we can finance the
acquisition more cost effectively through our own borrowing, then staff will
recommend that we proceed in that fashion.
ATTACHMENTS
The documents supporting the City's entry into the Joint Powers Agreement are
attached as information including: a short question and answer summary of the
project, a list of the participants in the six Implementation Committees
composed of various City and County officials, a summary of the Key Elements
of the Joint Powers Agreement, the Joint Powers Agreement itself, and a
schedule of implementation. The City Manager's Office has a full and complete
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copy of the binder containing the Agreement between the County and Motorola
including the numerous exhibits and attachments. Any Council Member or
member of the public wishing to review this document is welcome to do so.
These exhibits and documents have been extensively negotiated by the various
Implementation Committee members and County General Services Agency
staff, and subsequently reviewed and approved by the Board of Supervisors.
THE AGREEMENj
The agreement negotiated by the Negotiating Committee composed of City and
County representatives includes normal and customary provisions in public
agency product acquisition and service agreements. The agreement is a
turnkey project with a fixed price. The pricing structure for each piece of
equipment is set in Exhibit C for a ten year period. There are standard
provisions for: insurance and indemnity, performance bond, schedule of
performance, liquidated damages, one year warranty from acceptance,
maintenance, training, assignment and installation. The City Attorney has
reviewed the document and found it acceptable as to form.
RECOMMENDATION
The City Council:
1) Adopt a Resolution approving the City's participation in the 800
MHz Acquisition/Joint Powers Agreement; and,
2) Designate the Mayor as the City's representative to the Joint
Powers Agency and the Mayor Pro Tem as the City's alternate;
and,
3) Authorize the City staff to review the various financing alternatives
and return to the City Council at the appropriate time with the most
cost effective option to acquire and install the equipment with a
total purchase price not to exceed $3,393,958.
ORANGE COUNTY CITY MANAGERS' ASSOCIATION
TO: Orange County City Managers
FROM: Allan L. Roede Orange County City Managers Association
Representative to the 800 MHz Project
DATE: April 20, 1995
SUBJECT: 800 MHz Acquisition/Joint Powers Agreement
As each of you are aware, the Orange County Board of Supervisors
recently approved a contract with the Motorola Corporation for the
construction of the 800 MHz Law Enforcement/ Public Works/Fire
Communications System. This approval culminates almost ten years
of effort in evaluating needs, designing a system to meet those
needs, and procurement efforts to replace the existing system.
Cities throughout Orange County have been involved in this effort
from the beginning in what, arguably, is the largest cooperative
procurement by local government in the County's history.
Understandably, the process has not always been smooth but
certainly one that has been fair, open, 'and subject to extensive
and intense review.
The attached documents include all of the relevant material as it
applies to the 800 MHz Project. Your representatives who have been
involved in this effort endeavored to provide you with a "complete
staff report" addressing not only the overall system, the contract
with the Motorola Corporation, and the proposed Joint Powers
Agreement for acquisition and financing, but substantial detail as
it applies specifically to your city. The following summarizes the
attached documents:
■ In recognition of the fact that this project has been
several years in development, during which time we have
had substantial turnover, not only in locally elected
officials but city managers as well, we have provided a
full history and needs assessment for the 800 MHz
Project. This report details the procurement process
from start to finish, as well as a "Question and Answer"
section relating to the urgent need for the system.
■ A summary of the Contract highlights and a copy of the
Contract terms and conditions with the Motorola
Corporation are also included. The Contract document
details the full range of responsibilities of Motorola
for the design and construction of the Backbone System as
well as field equipment to be delivered to your agency.
Also included is a complete work-up on the system as it
pertains to your city, detailing every aspect of the
project.
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■ A copy of the Joint Powers Agreement, as approved by the
Board of Supervisors, is also provided. The JPA became
necessary for purposes of acquiring and financing the
system subsequent to the declaration of bankruptcy by the
County of Orange. The Contract award to the Motorola
Corporation is conditioned upon establishment of the JPA.
Also included with the Agreement is a summary of the key
elements of the JPA which addresses the need for the JPA.
Subject to your review, we are now asking that each city take
formal action to approve the Joint Powers Agreement and designate
a representative of your city (either an elected or appointed
official) to serve on the Board of Directors of the JPA. We
request that your city take this action before the end of May 1995.
As referenced in the attached material, it is imperative that we
move forward now or risk losing our FCC Channel Allocation. While
we recognize that each city prefers to "customize" legal documents
to its own liking, we ask that you not modify the language in
either the Motorola Contract or the Joint Powers Agreement.
Obviously, if we receive approval from 31 agencies with differing
language in each document, it will take a considerable amount of
time to reconcile those approvals. We do recognize that the JPA,
in particular, requires further modification, simply as a function
of the time constraints imposed to prepare it. This can be
accomplished by the Board of Directors, subsequent to the formation
of the JPA. If your city has specific, suggested changes to this
document, please forward those along with the executed Agreement so
that they can be brought forward to the Board of Directors as soon
as possible. A schedule is provided reflecting the proposed
timeline for JPA, Contract, and financing approval, as well as a
schedule for system implementation.
In addition to the preceding and the attached materials, we are
also in the process of developing a short video which will
highlight the key aspects of this project. We recognize that this
is a very detailed, technical subject and want to communicate the
"Hows and Whys" of the system to you, elected officials, and the
public at large in an understandable fashion. Since the video is
still in production, we wanted to forward the attached material now
to begin the review process. We will forward a copy of the video
to you as soon as it is complete.
Should you need any assistance or information on any aspect of this
project, please feel free to contact 800 MHz Project Manager Jim
Murray (704-7906), City Manager, Lee Risner of the City of La
Habra, or myself.
ALR/bjb
Attachments
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800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
1. What is the 800 MHz Countywide Coordinated Communications System (800 MHz
System)?
The proposed 800 MHz system is an 81 -channel radio communications system enabling
mutual cross -communications among 100 City and County Law, Public Works, and Fire
operations. It will be the largest multi-user, multi -owned radio system in the world.
The 800 MHz system, consisting of 61 new channels, will replace the existing 18 -channel
460 MHz Law system and the various Public Works systems in Orange County. Twenty
additional channels from an existing County/City Fire Trunked System will be integrated
into the 800 MHz system. The 800 MHz system components include a backbone system
of 22 transmitting/receiving sites, dispatch consoles, and field equipment (portable and
mobile radios).
2. Why is the 800 MHz System needed now?
The existing law enforcement communications system has been in service for 23 years and
is deteriorating. The frequency of repair is increasing; parts are difficult, and in some
cases impossible, to obtain. If the 800 MHz system fails to go forward, individual
agencies will be forced to replace existing base station equipment, consoles, mobiles and
portables. The replacement equipment will be limited to operation on the 18 or so existing
460 MHz channels, since there are no additional 460 MHz channels available.
Maintenance costs will escalate.
Some of the larger cities and the Sheriff -Coroner Department are currently experiencing
traffic overloading. The number of available 460 MHz channels is insufficient to support
traffic demands today and will most certainly be inadequate for the future. Coverage
requirements are also limited as there are currently only 10 transmitting/receiving sites as
compared to the 22 proposed in the new system.
With law enforcement on 460 MHz channels, fire services in the 800 MHz band, and
public works scattered throughout the spectrum, there is virtually no interoperability
between the various Public Safety entities in Orange County. Should some Orange
County law enforcement agencies be forced to relocate to other bands due to crowding,
the lack of interoperability will be exacerbated. Failure to implement the 800 MHz system
will continue this problem far into the future for all Public Safety entities in Orange
County.
The history of law enforcement in Orange County has proven that the ability to
communicate between all law enforcement agencies in the County dramatically improves
the delivery of services to the public. Fragmentation of communications will most likely
result in increased staffing requirements for those agencies cut off from the common
communications shared by others in the County.
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800 MHz Countywide Coordinated Communications System
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A number of cities and counties outside of Orange County have either implemented or are
in the process of implementing 800 MHz systems similar to that proposed for Orange
County. Interoperability with these outside agencies will be another casualty associated
with the failure to proceed with the 800 MHz system.
3. Who was involved with acquiring this system after the vendor selection process?
After the County Board of Supervisors approved the selection of Motorola as the
contractor in January 1994, several committees were formed consisting of City/County
personnel including City Managers, Police Chiefs, Fire Chiefs, Law/Public Works/Fire
operational personnel, and County staff (see attached). The committees were:
Implementation Steering Committee to oversee the 800 MHz system implementation;
Negotiating Committee to negotiate a contract with Motorola; a Governance Task Force
to develop an operational plan for the ongoing oversight of the 800 MHz system; a
Technical Liaison Committee of agency operational personnel to oversee the system
design; and a Finance Committee to determine financing options. The balance of work
done in 1994 also consisted of design changes in the system to accommodate the merger
of the proposed Law/Public Works and existing Fire 800 MHz systems.
4. What are the implications of postponing the 800 MHz system?
The County has been licensed to use 61 channels in the 800 MHz band for a new
Law/Public Works System by the FCC. The approved FCC plan calls for initial
implementation of the 800 MHz system in October, 1995, and full implementation of the
system by mid-1997. If the County does not commit to going forward with this system,
the FCC will award the channels to other counties and cities.
These 800 MHz frequencies can be used only for Public Safety and cannot be sold, but
any other Southern California Public Safety agency on the waiting list can apply for them
if not used. A large waiting list exists for these channels, and those agencies are already
inquiring if Orange County will be releasing any channels. No other substitute 800
channels would ever be available to Orange County in the fixture because all other 800
band channels have been allocated to nine other Southern California counties and their
cities.
5. What will the system cost?
A contract has been negotiated with Motorola for $70,500,000 (including taxes) for the
acquisition and implementation of the 800 MHz System over an extended period.
Included in these costs is $37,000,000 for the backbone portion which must be installed
before any field equipment is purchased. An additional $11,500,000 in capital projects is
required by the County over the next three years to build or expand the 22 sites essential
to the backbone system. The system costs will be financed over a ten year period.
94/W0M11z.405
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800 MHz Countywide Coordinated Communications System
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6. Who will pay for the 800 MHz system?
The cost of the 800 MHz system will be home proportionately by the Cities and the
County based on an agreed-upon cost allocation method. The Cities and the County will
share in the cost of the backbone system. The County and Cities are individually paying
for the consoles and field equipment for their respective agencies.
7. What are the neat steps required to move forward?
Authorization by the County Board of Supervisors has been received to proceed with the
800 MHz System and to enter into a contract with Motorola. This contract will be
assigned to the 800 MHz Joint Powers Authority upon its formation. A joint City/County
Finance Committee will continue to review financing options and prepare a financing plan.
94/800Mnz.405
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800 M13z COORDINATED COMMUNICATIONS SYSTEM SUMMARY
Introduction
Despite Chapter 9 uncertainty, Orange County and its Cities must address their public safety
communications crisis.
• The current public safety communications system was installed in 1973 and is outdated
and ineffective.
- The system was designed for 2,000 radios serving 1.5 million people.
- Orange County and its Cities currently operate 6,000 radios serving 2.8 million
residents.
- When completed, the proposed system will support over 10,000 radios.
• Consequently, Orange County citizens face unnecessary safety risks from a potential
communications failure during crisis situations.
• Five years ago, the FCC agreed to open a new radio communications band (800 MHz)
which has provided the County and its Cities with the opportunity to modernize their
public safety communications system.
- Historically, the FCC made new radio bands available in 1970 (460 MHz) and
1990 (800 MHz); it is unlikely that a new band will be made available in the
next 20 years.
• To take full advantage of this opportunity, the County and its Cities must act immediately
or risk the loss of the channels to neighboring counties.
The costs of the proposed system are manageable and shared by the Cities and the County.
The Current Situation
Current System Overview (a)
• 460 MHz system
• 18 channels allocated in 1970
• Put in service in 1973
• Designed to serve 1.5 million citizens and be in service 12 years
Reflects system used by Law Enforcement and Public Warks Departments. Fire Services already use a 20 -channel,
800 MHz system.
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Shortfalls of Current System
• System often overloaded and inaccessible to public safety officers
• Average of 330 radios per channel vs. norm of approximately 100 radios per channel rot
• Numerous radio coverage "dead spots" and "holes" throughout Orange County
• Incompatible with neighboring counties' communications systems and Orange County
Fire Services
• Unable to utilize state public safety initiatives such as Cal Id. and NCIC 2000
• Replacement parts expensive and critical parts no longer manufactured
The Proposed System
The Cause for Immediacy
• In 1987, Orange County developed a plan for improving its communications system.
• In 1990, Orange County negotiated with neighboring counties for the new 800 MHz
channels.
• Of the 93 channels Orange County requested, it received 61.
• The FCC requires that Phase I construction of the new communications system be
completed by October 1995 or the channels can be reallocated to other counties.
- Orange County has already received one extension from the FCC and is
unlikely to receive another.
- The County would likely not have the opportunity to acquire new channels
for an additional 20 years.
All of the neighboring counties have virtually completed the installation of their 800 MHz
systems, and Riverside and San Bernardino have each requested an additional 31 channels.
• In the cases of both the LA MTA and Deland County (Florida), the FCC rescinded
previously awarded channels for failure to meet specified deadlines.
As per FCC Regulation S 90.361
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COUNTY/ CITY
800 MHz IMPLEMENTATION COMMITTEES
I IMPLEMENTATION STEERING COMMITTEE I
ROBERT DUNEK, CITY MANAGER, CITY OF LOS ALAMITOS
CHIEF STEVEN STAVELEY, LA HABRA POLICE DEPARTMENT
CHIEF MIKE DOLDER, HUNTINGTON BEACH FIRE DEPARTMENT
JEFF SINN, CITY ENGINEER CITY OF FOUNTAIN VALLEY
MIKE KOLODISNER DIRECTOR GSA/PURCHASING & TRANSPORTATION
JACKIE NILIUS, DIRECTOR GSA/INFORMATION SYSTEMS
BOB WILSON, MANAGER CAO/FORECAST & ANALYSIS CENTER
GOVERNANCE TASK FORCE
LEE RISNER CITY MANAGER CITY OF LA HABRA
ALLAN L. ROEDER, CITY MANAGER CITY OF COSTA MESA
CHIEF MICHAEL SKOGH, LOS ALAMITOS POLICE DEPARTMENT
CHIEF STEVEN STAVELEY, LA HABRA POLICE DEPARTMENT
CHIEF BERNIE HEIMOS, FOUNTAIN VALLEY FIRE DEPARTMENT
JACKIE NILRJS, DIRECTOR OSA/INFORMATION SYSTEMS
BILL REITER, MANAGER EMA/PUBLfC WORKS
NEGOTIATION TEAM
TECHNICAL LI.AISON COMMITTEE
CAPT. GARY MAITEN, SEAL BEACH PO
CAPT. BILL MILLER OCSD
CAPT. RON ROWELL, FULLERTON PD
CAPT. FRED WAKEFIELD, TUSTIN PD
CAPT. PAUL WORKMAN, LAGUNA BEACH PD
SGT, DOUGLAS PARMENTIER, NEWPORT BEACH PD
ROGER HAM, TECH MGR., HUNTINGTON BEACH PD
TRAVIS WILLIAMS, COMM. MOR., ANAHEIM PD
PETER A DALQUIST, EMA/PUBLIC WORKS
CHIEF PAT WALKER OCFD
HUGH WOOD, ASST. DIR., SUPPORT BUREAU, OCFD
AD HOC MEMBERS
CHIEF CHARLES BROBECR IRVINE PD
CHIEF STEVEN STAVELEY, LA HABRA PD
CHIEF BILL STEARNS. SEAL BEACH PD
BOB WILSON, LEAD NEGOTIATOR COUNTY ADMINISTRATIVE OFFICE
,ALLAN L. ROEDER, CITY MANAGER CITY OF COSTA MESA
GEORGE TRJDALL, CITY MANAGER CITY OF GARDEN GROVE (ALTERNATE)
CHIEF STEVEN STAVELEY, LA HABRA POLICE DEPARTMENT
CHIEF BILL STEARNS, SEAL BEACH POLICE DEPARTMENT (ALTERNATE)
CHIEF RICH DEWBERRY, LAGUNA BEACH FIRE DEPARTMENT
CHIEF MARC MARTIN, FULLERTON FIRE DEPARTMENT
JEFF SINN, CITY ENGINEER CITY OF FOUNTAIN VALLEY
JIM MURRAY, PROJECT MANAGER GSA/COMMUNICATIONS
SUSAN MARKEY. ADMINISTRATIVE MANAGER GSAlCOMMUNICATIONS
RICHARD HAMPSON, SENIOR TELECOMMUNICATIONS ENGINEER GSAICOMMUNICATIONS
MIKE KOLODISNER, DIRECTOR GSA(PURCHASING & TRANSPORTATION
LAURA VAMPOLA CONTRACTS SUPERVISOR GSAPURCHASING
FINANCE COMMITTEE
BRUCE CHANNING, CITY MANAGER CITY OF LAGUNA HILLS
ROD COLOMA, FINANCE DIRECTOR CITY OF SANTA ANA
GEORGE FERRONE, FINANCE DIRECTOR CITY OF ANAHEIM
BOB WILSON, MANAGER CAO/FORECAST& ANALYSIS CENTER
TOM SACCO, ACTING MANAGER CAO/PUBLIC FINANCE
BILL CASTRO, MANAGER, CAO/PUBLIC FINANCE/ACCOUNITNG
STEVE DUNIVENT, MANAGER GSA/PISCAL SERVICES
SUSAN MARKEY, ADMIN. MANAGER OSA/COMMUNICATIONS
BACKBONE SITE ACQUISITION AND DEVELOPMENT STEERING COMMITTEE
ROBERTG. LOVE, DEPUTY DIRECTOR GSA
JACK LEANING, DIRECTOR GSA/ARCHITECTURE & ENGINEERING
CHUCK WEST, DIRECTOR GSAMEAL ESTATE
JIM MURRAY, PROJECT MANAGER GSA/COMMUNICATIONS
800MHz.VSD
11/30/94
800 MHz LAW/PUBLIC WORKS/FIRE SYSTEM
CONTRACT HIGHLIGHTS
The Motorola contract for the Joint City/County 800 MHz Radio Communications System was
negotiated over a 10 -month period, from February to November 1994, during which time the
system also underwent redesign to accommodate the integration of Fire with Law/Public Works
communications. The Negotiation Team participants included City Managers, Police Chiefs, Fire
Chiefs, a Public Works representative, County Purchasing representatives, a County
Administrative Office representative, and GSA Communications personnel, as outlined in the
enclosed chart of 800 MHz Committees. The contract terms and conditions were reviewed by
County Counsel.
The contract consists of 9 volumes containing approximately 2,000 pages. The key controlling
documents include Agreement Recitals and Articles and Exhibits A through I as follows:
Agreement: Recitals & Articles: Contains the terms and conditions as outlined in the attached
table of contents.
Exhibit A: System Requirements: Specific detailed radio system functional and operational
requirements.
Exhibit B: County -Supplied Items: Office space, the sites on which radio transmission facilities
are to be constructed, etc.
Exhibit C: Compensation/Payment Schedule: Reflect payments to Motorola which can be
financed through Motorola or any other financing source as determined by the 800 MHz Joint
Powers Authority.
Exhibit D: Project Implementation Plan and Schedule: Requires, among other documents, a
detailed plan and schedule from Motorola 60 days after the contract is signed.
Exhibit E: Acceptance Test Plan: Required for the backbone communications system, the
microwave system, and each agency's 800 MHz radio system.
Exhibit F: Project Training Plan: Outlines training to be provided by Motorola to radio users,
dispatchers, engineering staff and maintenance personnel.
Exhibit G: Motorola Software Agreement: Defines agreement for computer software used on
the radio hardware.
Exhibit H: Contract Participants: Includes Cities, County agencies, and Fire Services.
Exhibit I: Glossary of Terms: Contains definitions of certain words and phrases used in the
contract.
95f800Y1H7..087
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800 MHz Law/Public Works/Fire System Contract Highlights
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The major portion of the contract contains the Scope of Work defining the equipment and pricing
for the 22 backbone transmission sites and for each individual agency. The appropriate individual
City or Agency Statements of Work are included in this package.
The contract total is for $70.5 million, which includes radio equipment and installation support for
the remote backbone sites in the amount of $37 million, and $33.5 million for individual law
agency dispatch and user radios. An additional $11.5 million is needed for construction of a
tower and a small structure to house the radio transmission equipment at 22 remote backbone
sites. Public Works and Fire will be accommodated by the backbone system, but Public Works
user radios and costs are not currently provided in the equipment pricing. However, they can be
accommodated at a later date with a contract amendment.
95i800A1I i,..o87
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• AGREEMENT •
FOR
ACQUISITION, INSTALLATION, AND MAINTENANCE
OF AN 800 MAz LAW ENFORCEMENT/PUBLIC WORKSTIRE
COMMUNICATIONS SYSTEM
FOR THE
COUNTY OF ORANGE
TABLE OF CONTENTS
ARTICLE PAGE NUMBER
1. SCOPE OF AGREEMENT
2. PERIOD OF PERFORMANCE
3. PRECEDENCE
4. CHANGES/AMENDMENTS/EXTRA SERVICES
5. PAYMENT TERMS AND AGREEMENT AMOUNT
6. OVER -THE -AIR REKEYING CAPABILITY (OTAR)
7. FIRM PRICING STRUCTURE
8. FREIGHT/DELIVERY
9. TAXES
10. INSTALLATION/RISK OF LOSS
11. STANDARDS OF PERFORMANCE AND ACCEPTANCE TESTING
12. INSURANCE
13. PERFORMANCE BOND
14. RECORDS INSPECTIONS AND AUDITS
15. PROJECT SCHEDULE
16. LIQUIDATED DAMAGES
17. FORCE MAJEURE
18. TERMINATION
19. WARRANTY
20. WARRANTY REMEDIES
21. MAINTENANCE AND WARRANTY RECORDS
22. MOTOROLA LICENSE GRANT TO COUNTY
23. SOURCE CODE TRUST
24. DOCUMENTATION
25. RADIO PROGRAMMING CONFIDENTIALITY
26. PATENT/COPYRIGHT MATERIALS
27, PROPRIETARY INFRINGEMENT INDEMNITY
28. CONFIDENTIALITY
29. RESPONSIBILITY OF MOTOROLA
30. PROJECT ADMINISTRATION AND KEY PERSONNEL
31. REPORTING/MEETINGS
32. TRAINING
33. NOTICES
34. INDEMNITY
AR'1'IC LES.61117, 379650
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A,nvuwm No. SOOOWW.99
I'ac.•
• AGREEMENT •
FOR
ACQUISITION, INSTALLATION, AND MAINTENANCE
OF AN 800 MHz LAW ENFORCEMENT/PUBLIC WORKS&M
COMMUNICATIONS SYSTEM
FOR THE
COUNTY OF ORANGE
TABLE OF CONTENTS
ARTICLE PAGE NUMBER
35. LIMITATION OF LIABILITY
36. INDEPENDENT CONTRACTOR
37, ASSIGNMENT
38. CONFLICT OF INTEREST
39. DEFAULT - SANCTIONS
40. CONSENT TO BREACH OR WAIVE
41. REMEDIES NOT EXCLUSIVE
42. COVENANT AGAINST CONTINGENT FEES
43. DISPUTE AS TO CONTRACT REQUIREMENTS
44. INTERPRETATION
45. GOVERNMENT REGULATIONS -COMPLIANCE
46. ENVIRONMENTAL PROTECTION STANDARDS
47. ENERGY EFFICIENCY STANDARDS
48. EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION -
NONDISCRIMINATION - HANDICAPPED INDIVIDUALS
49. CHOICE OF LAW AND FORUM
50. NEWS AND INFORMATION RELEASE
51. HEADINGS NOT CONTROLLING
52. VALIDITY
53. AVAILABILITY OF FUNDS
54. ENTIRE AGREEMENT
EXHIBITS
Exhibit A
Scope of Work
Exhibit B
County -Supplied Items
Exhibit C
Compensation/Payment Schedule
Exhibit D
Project Implementation Plan & Schedule
Exhibit E
Acceptance Test Plan
Exhibit F
Project Training Plan
Exhibit G
Motorola Software License
Exhibit H
Contract Participants
Exhibit 1
Contract Terms Glossary
ARI'IC lYs 61117, 379650
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Agrcuoww No 5000001 5 95
Pagc ii
KEY ELEMENTS OF THE
800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
JOINT POWERS AGREEMENT
The primary purpose of the Joint Powers Agreement (JPA) is to provide a purchase and financing
vehicle for the Joint Cities/County 800 MHz System, and as such, the signatories to the JPA are
the Cities and the County. The JPA was formed due to the County's bankruptcy and related
degradation in its bond rating. Through the JPA, it is expected that it will achieve a prime bond
rating and thus reduce the cost of financing the 800 MHz system.
The amount of financing is not expected to initially exceed $82,120,728, which includes
$70,481,728 for the backbone radio transmission equipment and the individual agency equipment,
plus $11,639,000 for developing the 22 backbone sites (towers and buildings to house radio
equipment). Of the $70,481,728 for the equipment, approximately $37,000,000 is for the
backbone and approximately $33,000,000 is for individual agency equipment. The $33,000,000
for equipment for the agencies could vary if a city agency/department wishes to change the
amount of equipment ordered; which is subject to each city and agency's approval process.
It is anticipated that the financing will be for ten years, but each city or agency can opt for a
shorter financing period, partial financing, or to pay cash as some cities have indicated.
The following are other key elements of the JPA:
• To establish a collateralization of revenue intercept as an option in case of failure to pay
financing costs on a timely basis. The specific intercept would be against the in-place
Proposition 172 one-half cent sales tax for public safety.
• To establish a cost allocation method for equitably allocating 800 MHz system acquisition
and implementation costs to all members. (The 800 MHz system is referred to as CCCS,
Countywide Coordinated Communications System.)
• To establish a payment schedule that assures up -front capitalization by City members and
County payments at the end of implementation.
• To accept assignment of the Motorola contract from the County.
• The Board of Directors shall consist of one representative from each City and two from
the County, one being the Sheriff.
• The Board shall select an Executive Committee of seven, two from the County (one being
the Sheriff) and five from the Cities.
95/800MHz.089
Jti:skb 4/18/95
�V
KEY ELEMENTS OF THE
800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
JOINT POWERS AGREEMENT
Each member of the Board of Directors shall have one vote with each of the two County
members having six votes, which was established in proportion to the amount of the cost
to be home by the County (281/6) and the Cities (72%).
• The County is designated as responsible for the implementation and operation of the 800
MHz CCCS.
• The JPA shall not have the power to implement, levy or institute any tax or taxes.
It is urgent that the JPA be approved quickly by the 31 City Councils so contract implementation
can begin and the October FCC deadline met. It is acknowledged that due to time constraints, the
JPA was prepared quickly and will require modifications. This mechanism has been put into
place. Once the JPA is fully executed, the Executive Board, representing the 31 Cities and the
County, can modify the JPA with a two-thirds vote. Rather than delaying the immediate
execution of the JPA by City Councils, it is requested that the participants pend changes until the
JPA is formed.
All participants will need to sign the Joint Powers Agreement to assure that they are price
protected under the Motorola contract once it is assigned to the JPA. Each City Council should
also indicate whether they plan to proceed with Public Works so these costs can be factored into
any financing plan and the contract can be amended.
Recommended City Council Actions:
Execute the attached 800 MHz Countywide Coordinated Communications System Joint
Powers Authority Agreement.
2. Designate your representative on the 800 MHz IPA Executive Board.
3. Identify if you plan to proceed with the purchase of Public Works radios at this time so that
these costs can be calculated into the financing plan.
95/800MHz.089
7M:skb 4/18195
2-
0
16
CITY OF NEWPORT BEACH
Office of City Manager
(714) 644-3000
May 26, 1995
Mr. Jim Murray, Project Manager
800 MHz Law Enforcement
Public Works System
840 N. Eckhoff Street, Suite 104
Orange, CA 92668-1021
Dear Mr. Murray:
The Newport Beach City Council on May 22, 1995 approved a Resolution authorizing
the City of Newport Beach's participation in the Joint Powers Agreement for the
Orange County 800 Megahertz Communications System. The City Council
designated our mayor John Hedges and Mayor Pro Tem Jan Debay as our
representative and alternate of the JPA Board of Directors.
The City Council authorized the City's purchase of the law enforcement, marine safety,
and public works components of the system. The City's final selection of equipment
components will be reviewed as each of the participating agencies are required to
actually purchase the required equipment.
Please find enclosed a certified copy of our resolution approving participation and two
executed copies of the Joint Powers Agreement. Please return one fully executed
copy of the Joint Powers Agreement to my office. If you have any questions or
concerns regarding Newport Beach's participation please feel free to contact my office
at 644-3000.
KJM:mb
cc: Allan Roeder, City Manager
City of Costa Mesa
Sincerely,
City Hall 9 3300 Newport Boulevard • Newport Beach, California 92663-3884
0 0
JOINT POWERS
FOR THE
ORANGE COUNTY 800 MEGAHERTZ COMMUNICATIONS SYSTEM
This Joint Powers Agreement For The Orange County 800
Megahertz Communications System ("Agreement") is made this
day of , 1995 by and among the following public entities
(collectively, the "members"); the signatory cities listed on the
signature pages of this Agreement (collectively, the "Cities") and
the COUNTY OF ORANGE (the "County").
A. In accordance with the terms of certain agreemehts by and
among the County and the Cities, the County currently operates a
coordinated law enforcement/public works/fire radio communications
system (the "Existing CCCS").
B. The County and the Cities have determined that current
law enforcement/public works/fire radio communication requirements
indicate that the Existing CCCS must be replaced with an 800
Megahertz coordinated law enforcement/public works/fire radio
communications system (the "800 MHz CCCS"). The County and Cities
have also determined that the public need for the 800 MHz CCCS is
immediate.
800 MNL JPA 7/23/95 1.
•
C,
C. Cities and County have further determined that the most
appropriate and expeditious method to achieve their goals with
respect to the purchase, financing, administration, technical
operation and related matters of the 800 MHz CCCS is the creation
of a joint power entity.
D. Each member is a public agency as defined by Government
Code Section 6500 et. seq. and is authorized and empowered to
contract for the joint exercise of powers common to each member.
E. The members now wish to jointly exercise their powers to
provide for financing, purchase, maintenance support, technical
operation, implementation, training of and for an 800 MHz CCCS and
related and incidental services, including but not limited to,
creation, development, ownership and operation of programs,
facilities, and funds therefor through the establishment of the
"Orange County 800 MHz CCCS" (the"Authority").
F. The members hereby acknowledge that operation and control
of the 800 MHz CCCS is licensed by the Federal Communications
Commission ("FCC") to the County and shall remain with the County
at all times.
NOW, THEREFORE, the members agree as follows:
Soo MHz .IPA 3/23/95 z.
1k
0 0
AGREEMENT
ARTICLE I.
POWERS AND PURPOSES
1. Authority Cr a e_d. The Authority is formed by this
Agreement pursuant to the provisions of Article 1, Chapter 5,
Division 7, Title 1 (commencing with Section 6500) of the Govern-
ment Code of the State of California. The Authoritv shall be a
public entity separate from the parties hereto and, except as
otherwise provided herein, its debts, liabilities and obligations
shall not be the debts, liabilities and obligations of its members.
Each member individually has the statutory ability to provide law
enforcement/public works/fire radio communications services and
related and incidental services as well as providing facilities and
personnel for such services. The purpose of this Agreement is to
jointly exercise in a coordinated fashion the foregoing common
powers in the manner set forth herein.
3. Effective Date of Formation. The Authority shall be
formed as of , 1995, or such later date as agreed to
in writing by all the members (the "Effective Date"), provided that
the Authority has met the insurance requirements set forth in
Article VI, Paragraph 9(d) below.
800 MHz JPA 3/23/95 3.
1)
•
r
L
4. Pc)werc:. Pursuant to and to the extent required by
Government Code Section 6509, the Authority shall be restricted in
the exercise of its powers in the same manner as is a general law
city. The Authority shall have the power to do any of the
following in its own name:
Z
(a) To exercise the common powers of its members in the
selection, purchase and financing of the 800 MHz
CCCS. The Authority shall also have the power to
authorize and implement any and all necessary
and/or appropriate support for the 800 MHz CCCS.
(b) To deposit and hold funds for the 800 MHz CCCS.
(c) To establish a collateralization of revenue inter-
cept option for assuring financing of the 800 MHz
CCCS.
(d) To establish a cost allocation method for equitably
allocating 800 MHz CCCS costs and expenses to all
City/County members participating in the system.
(e) To establish a payment schedule that assures up-
front capitalization by City members and County
payments at end of system implementation.
(f) To establish a master agreement/sublease agreement
that individually includes each member's equipment,
financial commitment, and payment plan with respect
to the 800 MHz CCCS.
800 MHz JPA 3/23/95 4.
(g) To establish financing mechanisms for the 800 MHz
CCCS.
(h) To coordinate and negotiate with the County regard-
ing the County's acquisition and construction of
radio transmission sites (towers and buildings) for
the 800 MHz CCCS.
(i) To accept assignment by the County of contract(s)
of purchase for the 800 MHz CCCS between the County
and Motorola and establish a mechanism to pay all
Motorola invoices for the 800 MHz CCCS as due and
to establish an appropriate mechanism for the
inventory and distribution of inventory for the 800
MHz CCCS.
(j) To make and enter into contracts including con-
tracts with its members.
(k) To purchase, acquire, lease, sublease, hold and
dispose of equipment.
(1) To incur debts, liabilities, or obligations, pro-
vided that all bonded indebtedness, or other long
term debt financing, and all long term lease or
sublease obligations incurred in connection with
the issuance of certificates of participation or
otherwise shall require the prior consent of the
members as set out in Article IV hereof.
(m) To sue and be sued in its own name.
800 MME JPA 3/23/95 5.
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(n) To negotiate, enter into and use (subject to the
provisions of Article IV hereof) any and all fi-
nancing mechanisms available including, but not
limited to, pledges and granting of security inter-
ests in and to real and personal property of the
Authority's.
(o) To support the operation, maintenance, repair, and
management of new or existing facilities or por-
tions of facilities, essential to the development
and implementation of the 600 MHz CCCS.
(p) To purchase insurance or to self insure and to
contract for risk management services.
(q) To exercise such additional powers as otherwise
permitted under the Joint Exercise of Powers
statutes (Articles 1 through 4, commencing with
Section 6500, of Chapter 5, Division 7, Title 1 of
the Government Code, as amended) and which are
necessary or appropriate to the accomplishment of
the purposes of this Agreement.
5. Prohihitinn Against Taxes. In no event shall the
Authority have the power to implement, levy or institute any tax or
taxes.
800 MHz JPA 3/23/95 6.
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ARTICLE II.
ORGANIZATION
1. MeMbk=hip. The members of the Authority shall be the
original parties hereto which have not withdrawn from the Authori-
ty, and such other cities and public entities as may join the
Authority with the approval of the members after execution of this
Agreement. New members may join on the terms and conditions set
out in Article VII hereof.
2. Designation of Directors. Before the Effective Date,
each member by resolution of its governing body shall designate and
select one representative to act as its director on the Authority
Board of Directors (the "Board"), except the County who shall have
two (2) representatives to act as its directors: (i) the elected
Sheriff (or his selected representative) and (ii) one other
representative selected by the Board of Supervisors. Except for
the Sheriff who shall be a permanent director of the Board, each
director shall hold office from the first meeting of the Board
after selection by the member's governing body for a term of four
(4) years or for a lesser term as determined under Paragraph 4(a)
of Article II, or until the selection of a successor by the
appointing body. Each member shall also select an alternate to act
in each director's absence. Except for the Sheriff's alternate who
shall be selected by the Sheriff, each alternate shall be selected
by the governing board of the member. Except for the Sheriff who
800 MNL JPA 3/23/95 !.
shall be a permanent director of the Board, each director and
alternate shall serve at the pleasure of his or her selecting body
and may be removed at any time, with or without cause, at the sole
discretion of that appointing body. Any vacancy shall be filled in
the same manner as the original selection of a director and/or
alternate. No director or alternate will receive compensation
from the Authority for his or her services. With approval of the
Board, a director or alternate may be reimbursed for reasonable
expenses incurred in the conduct of the business of the Authority.
3. Principal Office. The principal office of the Authority
shall be the Orange County Chief Executive officer's headquarters
or as may be otherwise designated by the Authority from time
to time.
4. k :naz.
(a) The first and organizational meeting of the
Authority shall be held at its principal office on the Effective
Date. At that meeting, the Board may determine whether to adopt a
rotation system of two (2) and four (4) year terms to provide for
increased continuity on the Board and shall classify themselves
into any groups selected.
(b) The Board shall meet at the principal office of the
Authority or at such other place as may be designated by
the Board. The time and place of the regular meetings of
800 MMz JPA 7/47/95 8.
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the Board shall be determined by resolution adopted by
the Board, and a copy of such resolution shall be
furnished to each party hereto; provided that the Board
shall have at least one regular meeting during each
fiscal year. All Board meetings, including regular,
adjourned and special meetings, shall be called, noticed
and held in accordance with the Ralph M. Brown Act,
Section 54950, et seq. of the Government Code (the "Brown
Act") as it may be amended from time to time.
5. forum; Voting. A majority of the total number of
directors shall constitute a quorum for the purpose of the
transaction of business relating to the Authority. Each director,
or alternate in the absence of any voting director, ,shall be
entitled to one vote except for the two representatives for the
County, each of whom shall be entitled to six (6) votes so that the
County as a whole shall have twelve (12) votes. Unless otherwise
provided herein, a vote of a majority of the votes cast by those
present and qualified to vote shall be sufficient for the adoption
of any motion, resolution or order and to take any other action
deemed appropriate to carry forward the objectives of the Authori-
ty.
6. Executive Committee. At its first meeting, the Board
shall elect from among its members an Executive Committee of seven
(7) members, two of which shall be the same representatives for the
800 MHz JPA 3/23/95 9.
0 0
County described above in Paragraph 2 of this Article II, and shall
designate the functions to be performed by the Executive Committee,
as allowed by law. Notwithstanding the weighted vote granted to
the County's representatives under Article II, Paragraph 5 above,
for purposes of voting on Executive Committee matters only, each
member of the Executive Committee shall be entitled to one vote.
7. Officers. At its first meeting, the Board shall elect
from among its members a chair and vice -chair and thereafter at the
first meeting in each succeeding fiscal year the Board shall elect
or re-elect a chair and vice -chair. In the event that the chair or
vice -chair ceases to be a director, the resulting vacancy shall be
filled in the same manner at the next regular meeting of the Board
held after such vacancy occurs. In the absence or inability of the
chair to act, the vice -chair shall act as chair. The chair, or in
his or her absence the vice -chair, shall preside at and conduct all
meetings of the Board. The Board shall appoint a secretary to the
Authority who may be a member of the Board or an employee of a
member. The chair, vice -chair and secretary each shall hold office
for a period of one (1) year.
8. Minutes. The secretary of the Authority shall provide
notice of, prepare and post agendas for and keep minutes of
regular, adjourned regular, special meetings of the Board and
meetings of the Executive Committee and shall cause a copy of such
minutes to be forwarded to each director. The secretary will
800 MMZ JPA 3/23/95 10.
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otherwise perform the duties necessary to ensure compliance with
the Brown Act and other applicable rules or regulations.
9. Rules. The Board may adopt from time to time such
bylaws, rules and regulations for the conduct of its affairs that
are not in conflict with this Agreement, as it may deem necessary.
10. Fiscal Year. The Authority's fiscal year shall commence
on July 1 of each year, or in the year of its formation, the
Effective Date, to and including the following June 30.
11. Assent of Members. The assent or approval of a member in
any matter requiring the approval of the governing body of the
member shall be evidenced by a certified copy of the resolution of
the governing body filed with the Authority.
12. Committees. The Board may establish standing or ad hoc
committees or subcommittees composed of Board members, staff and/or
the public to make recommendations on specific matters.
(a) Pursuant to Government Code Sections 6505.5 and
6505.6, the Board shall appoint an officer or employee of the
Board, an officer or employee of a member public agency or a
certified public accountant to hold the offices of treasurer and
auditor for the Authority. Such person or persons shall possess the
800 MHZ SPA 3/23/95 11.
powers of and shall perform the treasurer and auditor functions for
the Authority required by Government Code Sections 6505, 6505.5,
and 6505.6, including any subsequent amendments thereto. Pursuant
to Government Code Section 6505.1, the secretary and the auditor
and treasurer shall have charge of certain property of the
Authority. The treasurer and auditor shall assure that there shall
be strict accountability of all funds and reporting of all receipts
and disbursements of the Authority. The treasurer, auditor and
secretary shall be required to file an official bond with the Board
in an amount which shall be established by the Board. Should the
existing bond or bonds of any such officer be extended to cover the
obligations provided herein, said bond shall be the official bond
required herein. The premiums on any such bonds attributable to
the coverage required herein shall be appropriate expenses of the
Authority.
(b) The Board shall appoint general counsel and special
counsel to the Authority to serve as necessary.
(c) The Board may contract with a member to provide
necessary administrative services to the Authority as appropriate.
Any administrative duties also may rotate from year to year.
800 MHi SPA 3/23/95 12.
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ARTICLE III.
TRANSFER OF EXISTING CCCS
TA nh;l;t;Pa. As of the Effective Date, the County
shall transfer, assign, or lease to the Authority such tangible and
intangible assets and liabilities, if any, and shall receive such
monetary credit, if any, for such transfer and assignment (the
"Asset Transfer"), as are more particularly set forth in Exhibit
"A" attached hereto and incorporated herein.
2. Authority Assumption of Liability. In further
consideration for the Asset Transfer, the Authority shall assume
responsibility for any and all loss, litigation, liability, injury,
damage, claim, demand, and tort or workers compensation incidents
that occur on or after the Effective Date. The County shall retain
responsibility and liability for any and all such incidents that
occur prior to the Effective Date and shall retain all risk
management reserves that have been set aside for such prior
incidents.
ARTICLE IV.
FUNDING OF 800 MHz CCCS OPERATIONS
1. General Budget. Within sixty (60) days after the first
meeting of the Board, a general budget for the first fiscal year
800 MNL JPA 7/23/95 13.
shall be adopted by the vote of a majority of the votes cast at a
meeting of the Board. The initial budget and each succeeding
budget shall include, but not be limited to, the following: (a)
the general administrative expenses, debt, loan and financing costs
and expenses, operating expenses and necessary reserves of the
Authority to be incurred during the period covered by the budget;
and (b) the allocation of costs among the members of the Authority
in the amounts necessary to cover the budget items set out in 1(a)
above. Thereafter, at or prior to the last meeting of the Board
for each fiscal year, a general budget shall be adopted for the
ensuing fiscal year or years by a vote of at least a majority of
the votes cast at a meeting of the Board. An annual year end
written budget performance report shall be presented by the
treasurer and/or auditor (selected under Article II, Paragraph 13,
of this Agreement) to the Board.
2. Expenditurgg for the Approved Bud et. All expenditures
within the designations and limitations of the approved general
budget shall be made on the authorization of the Board for general
budget expenditures without further action. No expenditures in
excess of those budgeted shall be made without the approval of a
majority of the votes cast at a meeting of the Board.
3. Contributions. Attached hereto as Exhibit "B" and
incorporated herein is a list of all of the members of the
Authority with their respective percentage interest contribution
responsibility for the Authority's annual budget. Also set forth
800 nxz JPA 3/23/95 14.
in Exhibit "B" is the formula used by the Authority to determine
each member's percentage contribution.
(a) Payments
(1) Billing. As part of its annual budget process,
the Authority shall determine, prepare and send bills to members
for amounts owing from its members. The Authority may also from
time to time determine, prepare and send bill's to members for any
other amount due from the members to the Authority, including, but
not limited to, amounts due the Authority under any lease or
sublease between the Authority and a member or members. Such
amounts are due and payable within sixty (60) days of receipt of a
billing therefor.
(2) Proposition 172 Funds._ The County receives
certain monies pursuant to the provisions of Proposition 172 (Govt.
Code Sec. 30051 et seq.) ("Prop. 172 Funds") for some of the
Authority's members, including the County. In the event that a
member receiving Prop. 172 Funds fails to timely pay any bill it
receives from the Authority including, but not limited to any bill
pursuant to Paragraph 3(a)(1) above or any bill for amounts due the
Authority under any lease or sublease between the Authority and
said member, then said defaulting member hereby directs and
instructs the County to pay to the Authority such Prop. 172 Funds
held by the County on its behalf, if any, in an amount up to and
including the amount of said bill or said lease or sublease
payment, as applicable. In the event the defaulting member is the
County, the Authority shall make demand on the County and the
County shall pay to the Authority such Prop. 172 Funds held by the
County in an amount up to and including the amount of said bill or
800 MNL JPA 3/23/95 15.
H
said lease or sublease payment as applicable. Each member agrees
to promptly execute and deliver to the Authority such additional
documentation in reasonable form as may be necessary or appropriate
to further carry out and implement the intent and goals of this
Paragraph 3(a)(2).
(b) Failure to Pay. In the event any member fails to
timely make any payment due under this Agreement or under any lease
or sublease entered into with the Authority, said member shall be
in default under this Agreement if said failure continues uncured
for thirty (30) days after receiving written notice from the
Authority specifying said unpaid amount. In the event a member is
in default under this Agreement (the "defaulted member") said
defaulted member's right to vote under this Agreement' shall be
suspended until said default is cured or remediated. Notwithstand-
ing the foregoing, a defaulted member shall remain liable for all
of its obligations under this Agreement and any such lease or
sublease and to the Authority, including, but not limited to its
proportional share of any indebtedness of the Authority. Nothing
in this paragraph shall be construed as the Authority's exclusive
remedy for the remediation of defaults by its members and the
Authority reserves the right to pursue any and all available rights
and remedies at law or in equity.
4. Approval of Bonded Indebtedness. Prior to any Authority
resolution authorizing the issuance of any bonded indebtedness,
each member shall approve any bonded indebtedness to be incurred by
the Authority. Any withdrawing member under Article VII shall
800 MHZ JPA 1/23/95 16.
0
remain responsible for payment (as provided in said Article VII) of
its proportional share of any bonded indebtedness it has approved.
As used herein, "bonded indebtedness" does not include short-term
tax anticipation notes with a one-year (or shorter) term which the
Authority may authorize by a majority vote of all of the directors
of the Board.
ARTICLE V.
AND AUDITS
1. Accounting Procedures. Full books and accounts shall be
maintained for the Authority in accordance with practices estab-
lished by, or consistent with, those utilized by the Controller of
the State of California for like public entities. In particular,
the Authority's auditor and treasurer shall comply strictly with
requirements governing joint powers agencies, Article 1, Chapter 5,
Division 7, Title 1 of the Government Code of the State of
California (commencing with Section 6500).
2. Audit. The records and accounts of the Authority shall
be audited annually by an independent certified public accountant
and copies of the audited financial reports, with the opinion of
the independent certified public accountant, shall be filed with
the County Auditor, the State Controller and each member within
four (4) months of the end of the fiscal year under examination.
800 MHz JPA 3/23/95 17.
0
ARTICLE VI.
PROPERTY RIGHTS
0
1. Project Facilities and Prnpprty. On and after the
Effective Date, all real and personal property, including but not
limited to, facilities constructed, installed, acquired or leased
by the Authority, apparatus and equipment, "personnel and other
records and any and all reserve funds shall be held in the name of
the Authority for the benefit of the members of the Authority in
accordance with the terms of this Agreement.
2. Disposition of Assets Upon T.rmina ion. The Authority
may vote to terminate this Agreement, or termination will occur if
only one member is left in the Authority. In this regard, if a
majority of the total number of votes of the members vote to
terminate the Authority, a similar vote shall then be taken to
determine the party (which may be a non-member) to oversee the
disposition and winding up of the business, assets and liabilities
of the Authority. If termination occurs, all surplus money and
property of the Authority shall be conveyed or distributed to each
member in proportion to all funds provided to the Authority by that
member on behalf of that member during its membership. Each member
shall execute any instruments of conveyance necessary to effectuate
such distribution or transfer. Notwithstanding the foregoing, the
Authority may not terminate or dissolve without providing for the
transfer, assignment, satisfaction or other disposition of all of
its obligations under any leases or subleases entered into in
connection with financing the 800 MHz CCCS.
800 MXZ .TPA 3/23/95 18.
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0
3. r.; h l a. Except as otherwise provided herein, the
debts, liabilities and obligations of the Authority shall be the
debts, liabilities or obligations of the Authority alone and not of
the parties of this Agreement.
(a) From and after the Effective 'Date, the Authority
shall defend, indemnify and hold harmless each of the members and
their respective officers, employees, agents and representatives
with respect to any loss, damage, injury, claim, demand, litigation
or liability and all expenses and costs relating thereto (including
attorneys' fees) arising out of or in any way related to the
performance of services by the Authority pursuant to this Agree-
ment.
(b) From and after the Effective Date, the Authority
shall defend, indemnify and hold harmless each of the members and
their respective officers, employees, agents and representatives
with respect to any loss, damage, injury, claim, demand, litigation
or liability and all expenses and costs relating thereto (including
attorneys' fees) arising out of or in any way related to any
contract or agreement assumed by or otherwise transferred to the
Authority.
(c) From and after the Effective Date, the Authority
shall defend, indemnify and hold harmless each member and their
respective officers, employees, agents and representatives with
respect to any loss, damage, injury, claim, demand, litigation or
800 MHz JPA 1/23/95 19.
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liability and all expenses and costs relating thereto (including
attorneys' fees) arising out of or in any way related to any asset
transferred to and accepted by the Authority, including but not
limited to real property, personal property, equipment and
apparatus.
(d) From and after the Effective -Date, the Authority
shall maintain during the term of this Agreement, workers compensa-
tion insurance as required by law and, in addition, general
comprehensive liability insurance in the minimum limit of
$5,000,000 combined single limit per occurrence and annual
aggregate. Each of the Authority members shall be named as an
additional insured on the general comprehensive liability policy.
Alternatively, the Authority may self -insure. Prior to the
Effective Date, the Authority shall provide the County with
certificates of insurance or proof of self insurance evidencing the
coverage referred to in this Paragraph 4(d). Such insurance is a
condition precedent to performance under this Agreement, and until
the Authority obtains insurance as provided for in this Paragraph
4(d), performance under this Agreement is excused and no member
shall have any right against any other member in equity or law.
(e) Notwithstanding Article VI, Paragraph 4, the members
agree that no immunity available to the members under state or
federal law or regulation shall be waived with respect to any third
party claim.
800 MHz JPA 7/27/95 20.
31°
• r,- • 1 r 1
(a) T.PaSP of 800 MHz rrrS. ownership of the 800 MHz
CCCS shall remain in Authority as specified in
Article VI, Paragraph 1. Authority shall lease the
800 MHz CCCS to County and provide access to the
800 MHz CCCS as is necessary for County to perform
its obligations hereof (the "Lease").
(b) Responsibility of County.
With respect to the 800 MHz CCCS, County shall:
(1) manage and perform the day-to-day administra-
tive and technical operations of the 800 MHz
CCCS, including but not limited to, operating
and maintaining the 800 MHz CCCS and assuring
compliance with the Communications Act of
1934, as amended (the "Communications Act")
and all state or local rules, regulations and
policies of other governmental agencies with
authority over the County and/or the 800 MHz
CCCS, as such laws, rules, regulations and
policies are in effect from time to time;
(2) fulfill all duties and obligations of an FCC
licensee;
(3) exercise all reasonable efforts to keep in
full force and effect its FCC licenses and not
take any action, or permit any action to be
taken, that would effect a transfer of control
of such FCC licenses;
800 nxz JPA 1/23/95 21.
(4) prepare [,at the Authority's expense,] and
file with the FCC appropriate license renewal
applications and such other reports, documents
and filings (including but not limited to any
requests
for extension
of
time) as
may
be
necessary
from time to
time
to keep
the
FCC
licenses in full force and effect for opera-
tion of the 800 MHz CCCS;
(5) take all reasonable measures to ensure that
the 800 MHz CCCS is operated in a safe manner
and maintain such facilities and equipment at
a level of efficiency and quality equal to, or
in excess of, industry standards, government
regulations and sound business practice;
(6) hire and supervise such employees as are
necessary for the fulfillment of its responsi-
bilities hereof;
(7) refrain from taking any action, or agreeing to
take any action, that would jeopardize or
hinder the provision of services over the 800
MHz CCCS;
(8) not enter into any agreement or arrangement
with a third party that conflicts with
Authority's rights hereof;
(9) not pledge, create, or suffer any lien, mort-
gage or otherwise encumber the 800 MHz CCCS,
nor permit any such encumbrances to attach to
the 800 MHz CCCS; and
800 MHz JPA 3/23/95 22.
(10) keep Authority fully informed on a timely
basis of material events relating to the 800
MHz CCCS, including without limitation, main-
tenance, quality control and outage reports;
FCC orders; and directives and correspondence
with suppliers of the 800 MHz CCCS and compo-
nents thereof.
With respect to the 800 MHz CCCS, Authority shall:
(1) fully cooperate with County and provide [at no
charge to County] such assistance as may be
reasonably required, to enable County to
fulfill its obligations hereof. In particu-
lar, Authority shall cooperate with the County
in furnishing any information which may be
requested by the FCC in connection with the
operation of the 800 MHz CCCS;
(2) be responsible for the payment to County of
all expenses incurred internally by County in
the performance of its management obligations
hereof, including but not limited to, reim-
bursement for the reasonable costs of opera-
tion, repair and maintenance of the 800 MHz
CCCS, the expenses of filing applications and
reports with the FCC and other government
agencies and the payment of charges by third
parties for services and equipment relating to
the 800 MHz CCCS. Authority shall remit
BDO MHL JPA 3/23/95 23.
�O
payment to County or to such third parties, as
the case may be, within thirty ( 30 ) days of
the presentation of invoices by the County;
(3) take reasonable measures to ensure that all of
the 800 MHz CCCS equipment is in good operat-
ing condition and repair at all times;
(4) take reasonable measures to protect the physi-
cal
security of
the
800 MHz CCCS;
(5) not
enter into
any
agreement or arrangement
with a third party that conflicts with
County's rights hereof;
(6) pay all excise, sales, use, property or other
similar taxes and fees that may be levied by a
governmental authority on the 800 MHz CCCS or
on the services rendered to Authority via the
800 MHz CCCS; and
(7) fully inform County on a timely basis of the
service capacity and industry standard quality
requirements with respect to the 800 MHz CCCS.
(1) Term of Lease of 800 MHz CCCS. The Lease
shall commence on the Effective Date of this
Agreement as defined in Article I, Paragraph 3
and shall continue, subject to the termination
provisions of Article VI, Paragraph (5)(d)(2),
for a period of [5] years (the "Initial
Term"). The Lease shall continue thereafter
on a year -by -year basis upon terms to be
800 MHz JPA 3/23/95 24.
agreed upon by Authority and County and sub-
ject to each party's right to terminate the
Lease under Article VI, Paragraph (5)(d)(2).
(2) Termination. The Lease may be terminated by
Authority or County at any time upon the non-
performance by the other party of any material
term, covenant or condition of this Agreement
that is not cured within thirty (30) days
after the receipt by such party of written
notice of its breach, provided, however, that
the Lease shall continue in effect for a
period up to twelve (12) months at the elec-
tion of the County if continued access to the
800 MHz CCCS is required to maintain the
provision of the law enforcement/public
works/fire radio communications services
contemplated under this Agreement. Addition-
ally, one year after the Effective Date of
this Agreement, as defined in Article I,
Paragraph 3, either Authority or County, at
its sole discretion and notwithstanding the
[five-year] Initial Term of this Lease, may
terminate this Lease upon twelve (12) months
prior written notice to the other party.
(3) Party Cooperation in Acquiring FCC Approvals.
If any further action is necessary or desir-
able to comply with the requirements of the
FCC, Authority and County will take all such
800 XNz JPA 3/23/95 25.
Ak,
necessary action including, without limita-
tion, the execution and delivery of such
further instruments and documents or amend-
ments to this Agreement as may reasonably be
acceptable to the FCC.
(4) Modification of 600 MH. rrrg. Authority may
initiate modifications to the 800 MHz CCCS
from time to time [,at the Authority's ex-
pense], subject to the County's express writ-
ten approval of any proposed modifications.
If prior FCC or other regulatory approval of
such modifications is required, the County
shall [, at the Authority's expense,] prepare
an appropriate application, sign and file it
with the FCC. No such modification shall be
implemented prior to the grant of FCC consent.
6. Member Owned I?ouin�ment. The Authority acknowledges that
any equipment purchased by a member in conjunction with or relating
to the 800 MHz CCCS which is owned by said member free and clear of
any claim, lien or interest of the Authority's shall be an asset of
said member and not of the Authority's.
ARTICLE VII.
WITHDRAWAL AND ADDITION OF MEMBERS
1. M mh r Withdrawal. No member may withdraw its participa-
tion in the Authority for three (3) years from the Effective Date,
800 MHz JPA 3/23/95 26.
a��
0 9
or three (3) years from the date on which it initially becomes a
member. After that three (3) year period, any withdrawing member
may give twelve (12) months prior written notice to the Authority
and its members together with such other notices, if any, as are
required by laws then in effect, of its election to withdraw as of
the end of that twelve (12) month notice period. Notwithstanding
any written notice by a member to withdraw from the Authority, said
election to withdraw shall be effective at the end of the twelve
(12) month notice period if, and only if, the withdrawing member
has prepaid in full to the Authority an amount equal to its entire
proportional amount of (i) the principal and interest of any debt,
obligation, liability, loan or financing of the Authority and (ii)
five (5) years of estimated general administrative and operating
expenses for the Authority.
2. Addition of New MPmhPrR. Any non-member may join the
Authority upon consent of a majority of the total number of votes
of the directors of the Board and the agreement to such terms and
conditions as may be determined by the Board. A new member may be
required to transfer to the Authority its CCCS facilities and
assets, if any, or to reimburse the Authority for a proportionate
share of facilities which the new member will utilize. As a
condition of membership, a proposed new member may also be required
to accept responsibility for a proportion of the debts, obliga-
tions, and liabilities of the Authority, to the extent agreed upon
by the Authority and the new member at the time of membership. The
Authority Board may determine to waive all or part of such
800 MHz JPA 3/21/9$ 27.
0
contribution requirements in return for an offsetting transfer of
the new member's facilities and assets to the Authority.
3. L;IDi-a ;ona on Withdrawing Members. Any withdrawing
member may negotiate with the Authority for return or repurchase of
any and all stations and equipment serving that member's jurisdic-
tion, however, the Authority shall be under no obligation or duty
to deliver or sell said stations and equipment. In no event,
however, shall any withdrawing member have any claim to or right,
title and interest in any federal, state or local license held by
the Authority, including, but not limited to any FCC license. In
addition, a withdrawal of a member from the Authority shall not act
as a release of any obligation of such withdrawing member under any
lease or sublease between the Authority and such member:
ARTICLE VIII.
TRANSITION TO AUTHORITY
The Cities and County shall designate a transition team to
implement the transfer of assets and liabilities hereunder, to
prepare for the Authority's organizational meeting, and to direct
the transition of administrative services from the County to the
Authority.
800 MHz JPA 3/23/95 28.
�5�
0 0
ARTICLE IX
GENERAL PROVISIONS
1. Initial Notice. Upon the Effective Date of this
Agreement, the Authority shall timely file with the Orange County
Clerk and the Office of the Secretary of State the information
required by Government Code Sections 6503.5 and 53051.
2. Additional Notices. Upon any amendments to this
Agreement, the Authority shall prepare and timely file with the
Orange County Clerk and the Office of the Secretary of State the
information required by Government Code;Sections 6503.5 and 53051.
3. Notice to Members. Notice to members shall be deemed
given when mailed to them, first class, postage prepaid, or faxed
to the address/or fax number set out by their signatures.
4. Amendment. This Agreement may not be amended or modified
except by a vote of two-thirds (2/3) of the total number of votes
of all members. This Agreement represents the sole and entire
agreement between the parties and supersedes all prior agreements,
negotiations and discussions between the parties hereto and/or
their respective counsel with respect to the subject matter of this
Agreement.
5. Headings. The headings in this Agreement are for
convenience only and are not to be construed as modifying or
explaining the language in the section referred to.
800 HHL JPA 1/21/95 29.
A,
6. gn-vprahilitv. Should any part, term, or provision of
this Agreement be determined by a court to be illegal or unenforce-
able, the remaining portions or provisions of this Agreement shall
nevertheless be carried into effect.
7. No Continuing Waiver. No waiver of any term of condition
of this Agreement shall be considered a continuing waiver thereof.
8. Snccesaors. This Agreement shall inure to the benefit of
and be binding upon any successors or assigns of the members. No
member may assign any right or obligation hereunder without the
written consent of a majority of all of the directors of the Board.
9. No Third Party Benefiriary. The members agree that
except as provided in Article IX, Paragraph 8 above, the provisions
of this Agreement are not intended to directly benefit, and shall
not be enforceable by, any person or entity not a party to this
Agreement.
10. RRegn ina. The Authority shall at all times remain in
compliance with the requirements of the Political Reform Act
(Government Code Section 81000 et seq.) and the Conflict of
Interest Code (Government Code Section 87300 et seq..
800 MHz JPA 3/23/95 30.
a''
i 0
IN WITNESS THEREOF, the parties hereto have caused this
Agreement to be executed and attested by their duty authorized
officers as of the date first above written.
Dated:
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FORM:
TERRY C. NDRUS, CO COUNSEL
By
Dated: 3 f!
COUNTY OF ORANGE, a political
subdivision of the State
of California
By
Chairman of its Board of
Supervisors
NOTICE TO COUNTY OF ORANGE TO BE
GIVEN TO:
COUNTY EXECUTIVE OFFICER
P.O. BOX 22014
SANTA ANA, CA 92702-2014
FAX: (714) 834-3018
900 MHL JPA 3/21/95 31.
t6
0 0
Passed and adopted by the City Council of the City of
Newport Beach at a regular meeting thereof, held
on the 22nd day of May , 1995.
Mayor/City Manager
Attest:
City Clerk
• EXHIBIT A •
ASSETS TO BE LEASED
FROM THE 800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
JOINT POWERS AUTHORITY
TO THE COUNTY
Backbone equipment purchased from Motorola Communications and Electronics, Inc., by
the 800 MHz CCCS Joint Powers Authority to support the coordinated system. Equipment
purchased by individual County and City agencies/departments to support field operations
and dispatch operations is not included in leaseback to County.
Radio sites constructed for the purpose of supporting 800 MHz CCCS,
Page 1 of 2
,O
J
• • page 2
EXI-IIBIT n
ASSETS TO BE LEASED
FROM THE COUNTY
TO THE
800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
JOINT POWERS AUTHORITY
l . Portion of Loma Ridge facility, tower structure, radio equipment and property that supports
the 800 MHz CCCS project.
2. Portion of existing remote sites supporting 800 MHz Coordinated Communications System
including buildings, towers, and generators at the following sites:
• Olinda
• Santiago
• Sierra
• Signal
• Bolero
• San Clemente (lease site)
3. Portion of digital microwave system supporting 800 MHz CCCS.
4. Portion of 800 MHz Fire Services backbone that will be integrated with new 800 MHz
CCCS.
5. Current radio infrastructure equipment that will be used to support 800 MHz radio
functionality.
Page 2 of 2
0
Exhibit B
City Total 71.47%
County of Orange Total 28.53%
Total 100.00%
(a) Percentage Interest Contribution is calculated based upon each members' equipment
purchases divided by total equipment purchases.
Page 1 of 4
Percentage
Interest
Contribution f°
Anaheim
8.12%
Brea
3.32
Buena Park
1,89
Costa Mesa
3.83
Cypress
1.80
Dana Point
0.43
Fountain Valley
1,87
Fullerton
2.92
Garden Grove
3.57
Huntington Beach
7,01
Irvine
3.48
Laguna Beach
1.53
Laguna Hills
0.39
Laguna Niguel
0,48
Lake Forest
0.52
La Habra
1.85
La Palma
1.01
Los Alamitos
1.04
Mission Viejo
0.79
Newport Beach
4.25
Orange
3.83
Placentia
1.28
San Clemente
1.38
San Juan Capistrano
0.33
Santa Ana
7.36
Seal Beach
1,28
Stanton
0.69
Tustin
1.93
Villa Park
0.04
Westminster
3,22
Yorba Linda
0.00
City Total 71.47%
County of Orange Total 28.53%
Total 100.00%
(a) Percentage Interest Contribution is calculated based upon each members' equipment
purchases divided by total equipment purchases.
Page 1 of 4
EXHIBIT B
CONTRACT PARTICIPANTS
FTJf181TH.RCV
Page 1 of 3
ski, 3/2095
Page 2 of 4
RESPONSIBLE
CITY
ADMINISTRATOR
ADDRESS
PHONE #
Anaheim
City Manager
200 S. Anaheim Blvd.
714/254-5100
P. O. Box 3222
Anaheim, CA 92803
Brea
City Manager
1 Civic Center Circle
714/990-7600
Brea, CA 92621-5758
Buena Park
City Manager
6650 Beach Blvd.
714/562-3500
P. O. Box 5009
Buena Park, CA 90622-5009
Costa Mesa
City Manager
77 Fair Drive
714/754-5223
P. O. Box 1200
Costa Mesa, CA 92628-1200
Cypress
City Manager
5275 Orange Avenue
714/229-6700
P. O. Box 609
Cypress, CA 90630
Dana Point
City Manager
33282 Golden Lantern
714/248-9890
Dana Point, CA 92629
Fountain Valley
City Manager
10200 Slater Avenue
714/965-4400
Fountain Valley,CA 92708
Fullerton
City Manager
303 W. Commonwealth
714/738-6300
Fullerton, CA 92632
Garden Grove
City Manager
11391 Acacia Parkway
714/741-5000
P. O. Box 3070
Garden Grove, CA 92642
Huntington Beach
City Administrator
2000 Main Street
714/536-5511
P. O. Box 190
Huntington Beach, CA 92648
Irvine
City Manager
1 Civic Center Plaza
714/724-6000
P. O. Box 19575
Irvine, CA 92713
Laguna Beach
City Manager
505 Forest Avenue
714/497-3311
Laguna Beach, CA 92651
Laguna Hills
City Manager
25201 Paseo de Alicia, Suite 150
714/707-2600
Laguna Hills, CA 92653
Laguna Niguel
City Manager
27801 La Paz Road
714/362-4300
Laguna Niguel, CA 92656
La Habra
City Manager
201 E. La Habra Blvd.
310/905-9700
P. O. Box 337
La Habra, CA 90633-0337
FTJf181TH.RCV
Page 1 of 3
ski, 3/2095
Page 2 of 4
EXHIBIT B
CONTRACT PARTICIPANTS
E.\7nBITH.REV
Page 2 of 3
skb 312095
Page 3 of 4
0A
RESPONSIBLE
CITY
ADNffNISTRATOR
ADDRESS
PHONE #
Lake Forest
City Manager
23778 Mercury Road
714/707-5583
Lake Forest, CA 92630
La Palma
City Manager
7822 Walker Street
714/523-7700
La Palma, CA 90623
Los Alamitos
City Manager
3191 Katella Avenue
714/827-8670
Los Alamitos, CA 90720
Mission Viejo
City Manager
25909 Pala, Suite 150
714/470-3000
Mission Viejo, CA 92691
Newport Beach
City Manager
3300 Newport Blvd.
714/644-3309
Newport Beach, CA 92663
P. 0. Box 1768
Newport Beach CA 92658-8915
Orange
City Manager
300 East Chapman
714/744-5500
P. 0. Box 449
Orange, CA 92666
Placentia
City Administrator
401 East Chapman
714/993-8231
Placentia, CA 92670
San Clemente
City Manager
100 Avenida Presidio
714/361-8200
San Clemente, CA 92672
San Juan Capistrano
City Manager
32400 Paseo Adelanto
714/493-1171
San Juan Ca istrano, CA 92675
Santa Ana
City Manager
20 Civic Center Plaza
714/647-5400
Santa Ana, CA 92701
P. 0. Box 1988 M30
Santa Ana, CA 92702
Seal Beach
City Manager
211 Eighth Street
714/828-8550
Seal Beach, CA 90740
Stanton
City Manager
7800 Katella Avenue
714/379-9222
Stanton, CA 90680
Tustin
City Manager
300 Centennial Way
714/573-3000
P. 0. Box 3539
Tustin, CA 92681
Villa Park
City Manager
17855 Santiago Blvd.
714/998-1500
Villa Parr CA 926674187
Westminster
City Manager
8200 Westminster
714/898-3311
Westminster, CA 92683
Yorba Linda
City Manager
4845 Casa Loma Avenue
714/961-7100
P. 0. Box 87014
Yorba Linda, CA 92686-8714
E.\7nBITH.REV
Page 2 of 3
skb 312095
Page 3 of 4
0A
0
EXHIBIT B
CONTRACT PARTICIPANTS
&rH1UfTH.REV Page 4 of 4
Page 3 or 3
skb 320'95
RESPONSIBLE
COUNTY
ADMINISTRATOR
ADDRESS
PHONE #
Hall of Administration
County of Orange
Board of Supervisors
10 Civic Center Plaza
714/834-3100
Santa Ana, CA 92701
&rH1UfTH.REV Page 4 of 4
Page 3 or 3
skb 320'95
A
Board of
Supervisors
Approval of
Contract JPA
Financing
(Completed)
95 %00\IIIz074
J\ I Wi 4 12 95
800 MHz SCHEDULE
April 1 May 15 June 1 July 15
1995 1995 1995 1995
45 days 15 days 45 days
A e e e
Obtain City Form JPA Sign Put Financing Begin to
Council Approvals Select Executive Accept in Place Implement
Board Contract
0
800 MHz SCHEDULE
July 16
Oct. 16
Dec. 31
1995 60-90 days
1995
1995
A
A
Detail
1st Payment
Install •
Design
Due & Install
500
Document
One Radio
Radios
July 16 July 15 July 15 July 15
1995 1 year 1996 1 year 1997 1 year 1998
A A A A
Manufacture Backbone Equipment Install Backbone System Equipment Install Law Enforcement Agencies
July 16 July 15
1995 2 years 1997
A A
Install Backbone Site Structures
95: &W N1xz.o74
JNfAb a-12,95
ORANGE COATY CITY MANAGERS' PSOCIATION
TO: Orange County City Managers
FROM: Allan L. RoederOrange County City Managers Association
Representative o the 800 MHz Project
DATE: April 20, 1995
SUBJECT: 800 MHz Acquisition/Joint Powers Agreement
As each of you are aware, the Orange County Board of Supervisors
recently approved a contract with the Motorola Corporation for the
construction of the 800 MHz Law Enforcement/Public Works/Fire
Communications System. This approval culminates almost ten years
of effort in evaluating needs, designing a system to meet those
needs, and procurement efforts to replace the existing system.
Cities throughout Orange County have been involved in this effort
from the beginning in what, arguably, is the largest cooperative
procurement by local government in the County's history.
Understandably, the process has not always been smooth but
certainly one that has been fair, open, and subject to extensive
and intense review.
The attached documents include all of the relevant material as it
applies to the 800 MHz Project. Your representatives who have been
involved in this effort endeavored to provide you with a "complete
staff report" addressing not only the overall system, the contract
with the Motorola Corporation, and the proposed Joint Powers
Agreement for acquisition and financing, but substantial detail as
it applies specifically to your city. The following summarizes the
attached documents:
■ In recognition of the fact that this project has been
several years in development, during which time we have
had substantial turnover, not only in locally elected
officials but city managers as well, we have provided a
full history and needs assessment for the 800 MHz
Project. This report details the procurement process
from start to finish, as well as a "Question and Answer"
section relating to the urgent need for the system.
■ A summary of the Contract highlights and a copy of the
Contract terms and conditions with the Motorola
Corporation are also included. The Contract document
details the full range of responsibilities of Motorola
for the design and construction of the Backbone System as
well as field equipment to be delivered to your agency.
Also included is a complete work-up on the system as it
pertains to your city, detailing every aspect of the
project.
0 0
-z -
■ A copy of the Joint Powers Agreement, as approved by the
Board of Supervisors, is also provided. The JPA became
necessary for purposes of acquiring and financing the
system subsequent to the declaration of bankruptcy by the
County of Orange. The Contract award to the Motorola
Corporation is conditioned upon establishment of the JPA.
Also included with the Agreement is a summary of the key
elements of the JPA which addresses the need for the JPA.
Subject to your review, we are now asking that each city take
formal action to approve the Joint Powers Agreement and designate
a representative of your city (either an elected or appointed
official) to serve on the Board of Directors of the JPA. We
request that your city take this action before the end of May 1995.
As referenced in the attached material, it is imperative that we
move forward now or risk losing our FCC Channel Allocation. While
we recognize that each city prefers to "customize" legal documents
to its own liking, we ask that you not modify the language in
either the Motorola Contract or the Joint Powers Agreement.
obviously, if we receive approval from 31 agencies with differing
language in each document, it will take a considerable amount of
time to reconcile those approvals. We do recognize that the SPA,
in particular, requires further modification, simply as a function
of the time constraints imposed to prepare it. This can be
accomplished by the Board of Directors, subsequent to the formation
of the JPA. If your city has specific, suggested changes to this
document, please forward those along with the executed Agreement so
that they can be brought forward to the Board of Directors as soon
as possible. A schedule is provided reflecting the proposed
timeline for JPA, Contract, and financing approval, as well as a
schedule for system implementation.
In addition to the preceding and the attached materials, we are
also in the process of developing a short video which will
highlight the key aspects of this project. We recognize that this
is a very detailed, technical subject and want to communicate the
"Hows and Whys" of the system to you, elected officials, and the
public at large in an understandable fashion. Since the video is
still in production, we wanted to forward the attached material now
to begin the review process. We will forward a copy of the video
to you as soon as it is complete.
Should you need any assistance or information on any aspect of this
project, please feel free to contact 800 MHz Project Manager Jim
Murray (704-7906), City Manager, Lee Risner of the City of La
Habra, or myself.
ALR/bjb
Attachments
.(f
0 0
800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
1. What is the 800 MHz Countywide Coordinated Communications System (800 MHz
System)?
The proposed 800 MHz system is an 81 -channel radio communications system enabling
mutual cross -communications among 100 City and County Law, Public Works, and Fire
operations. It will be the largest multi-user, multi -owned radio system in the world.
The 800 MHz system, consisting of 61 new channels, will replace the existing 18 -channel
460 MHz Law system and the various Public Works systems in Orange County. Twenty
additional channels from an existing County/City Fire Trunked System will be integrated
into the 800 MHz system. The 800 MHz system components include a backbone system
of 22 transmitting/receiving sites, dispatch consoles, and field equipment (portable and
mobile radios).
2. Why is the 800 MHz System needed now?
The existing law enforcement communications system has been in service for 23 years and
is deteriorating. The frequency of repair is increasing; parts are difficult, and in some
cases impossible, to obtain. If the 800 MHz system fails to go forward, individual
agencies will be forced to replace existing base station equipment, consoles, mobiles and
portables. The replacement equipment will be limited to operation on the 18 or so existing
460 MHz channels, since there are no additional 460 MHz channels available.
Maintenance costs will escalate.
Some of the larger cities and the Sheriff -Coroner Department are currently experiencing
traffic overloading. The number of available 460 MHz channels is insufficient to support
traffic demands today and will most certainly be inadequate for the future. Coverage
requirements are also limited as there are currently only 10 transmitting/receiving sites as
compared to the 22 proposed in the new system.
With law enforcement on 460 MHz channels, fire services in the 800 MHz band, and
public works scattered throughout the spectrum, there is virtually no interoperability
between the various Public Safety entities in Orange County. Should some Orange
County law enforcement agencies be forced to relocate to other bands due to crowding,
the lack of interoperability will be exacerbated. Failure to implement the 800 MHz system
will continue this problem far into the future for all Public Safety entities in Orange
County.
The history of law enforcement in Orange County has proven that the ability to
communicate between all law enforcement agencies in the County dramatically improves
the delivery of services to the public. Fragmentation of communications will most likely
result in increased staffing requirements for those agencies cut off from the common
communications shared by others in the County.
94 800\IHz.405
.blskb 4118195
800 MHz Countywide Co&ated Communications System •
Page 2
A number of cities and counties outside of Orange County have either implemented or are
in the process of implementing 800 MHz systems similar to that proposed for Orange
County. Interoperability with these outside agencies will be another casualty associated
with the failure to proceed with the 800 MHz system.
3. Who was involved with acquiring this system after the vendor selection process?
After the County Board of Supervisors approved the selection of Motorola as the
contractor in January 1994, several committees were formed consisting of City/County
personnel including City Managers, Police Chiefs, Fire Chiefs, Law/Public Works/Fire
operational personnel, and County staff (see attached). The committees were:
Implementation Steering Committee to oversee the 800 MHz system implementation;
Negotiating Committee to negotiate a contract with Motorola; a Governance Task Force
to develop an operational plan for the ongoing oversight of the 800 MHz system; a
Technical Liaison Committee of agency operational personnel to oversee the system
design; and a Finance Committee to determine financing options. The balance of work
done in 1994 also consisted of design changes in the system to accommodate the merger
of the proposed Law/Public Works and existing Fire 800 MHz systems.
4. What are the implications of postponing the 800 MHz system?
The County has been licensed to use 61 channels in the 800 MHz band for a new
Law/Public Works System by the FCC. The approved FCC plan calls for initial
implementation of the 800 MHz system in October, 1995, and full implementation of the
system by mid-1997. If the County does not commit to going forward with this system,
the FCC will award the channels to other counties and cities.
These 800 MHz frequencies can be used only for Public Safety and cannot be sold, but
any other Southern California Public Safety agency on the waiting list can apply for them
if not used. A large waiting list exists for these channels, and those agencies are already
inquiring if Orange County will be releasing any channels. No other substitute 800
channels would ever be available to Orange County in the future because all other 800
band channels have been allocated to nine other Southern California counties and their
cities.
5. What will the system cost?
A contract has been negotiated with Motorola for $70,500,000 (mcluding taxes) for the
acquisition and implementation of the 800 MHz System over an extended period.
Included in these costs is $37,000,000 for the backbone portion which must be installed
before any field equipment is purchased. An additional $11,500,000 in capital projects is
required by the County over the next three years to build or expand the 22 sites essential
to the backbone system. The system costs will be financed over a ten year period.
94 800xuz.405
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800 MHz Countywide Coaknated Communications System .
Page 3
6. Who will pay for the 800 MHz system?
The cost of the 800 MHz system will be borne proportionately by the Cities and the
County based on an agreed-upon cost allocation method. The Cities and the County will
share in the cost of the backbone system. The County and Cities are individually paying
for the consoles and field equipment for their respective agencies.
7. What are the neat steps required to move forward?
Authorization by the County Board of Supervisors has been received to proceed with the
800 MHz System and to enter into a contract with Motorola. This contract will be
assigned to the 800 MHz Joint Powers Authority upon its formation. A joint City/County
Finance Committee will continue to review financing options and prepare a financing plan.
94'800.\IHz.405
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800 MHz COORDINATED COMMUNICATIONS SYSTEM SUMMARY
Introduction
Despite Chapter 9 uncertainty, Orange County and its Cities must address their public safety
communications crisis.
• The current public safety communications system was installed in 1973 and is outdated
and ineffective.
The system was designed for 2,000 radios serving 1.5 million people.
Orange County and its Cities currently operate 6,000 radios serving 2.8 million
residents.
When completed, the proposed system Will support over 10,000 radios.
• Consequently, Orange County citizens face unnecessary safety risks from a potential
communications failure during crisis situations.
• Five years ago, the FCC agreed to open a new radio communications band (800 MHz)
which has provided the County and its Cities with the opportunity to modernize their
public safety communications system.
- Historically, the FCC made new radio bands available in 1970 (460 MHz) and
1990 (800 MHz); it is unlikely that a new band will be made available in the
next 20 years.
• To take full advantage of this opportunity, the County and its Cities must act immediately
or risk the loss of the channels to neighboring counties.
• The costs of the proposed system are manageable and shared by the Cities and the County.
The Current Situation
Current System Overview (')
• 460 MHz system
• 18 channels allocated in 1970
• Put in service in 1973
• Designed to serve 1.5 million citizens and be in service 12 years
Reflects system used by Law Enforcement and Public Works Departments. Fire Services already use a 20 -channel,
800 MHz system.
95800%1Hz.067
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u
Shortfalls of Current System
E
• System often overloaded and inaccessible to public safety officers
• Average of 330 radios per channel vs. norm of approximately 100 radios per channel (b)
• Numerous radio coverage "dead spots" and "holes" throughout Orange County
• Incompatible with neighboring counties' communications systems and Orange County
Fire Services
• Unable to utilize state public safety initiatives such as Cal Id. and NCIC 2000
• Replacement parts expensive and critical parts no longer manufactured
The Proposed System
The Cause for Immediacy
• In 1987, Orange County developed a plan for improving its communications system.
• In 1990, Orange County negotiated with neighboring counties for the new 800 MHz
channels.
• Of the 93 channels Orange County requested, it received 61.
• The FCC requires that Phase I construction of the new communications system be
completed by October 1995 or the channels can be reallocated to other counties.
Orange County has already received one extension from the FCC and is
unlikely to receive another.
The County would likely not have the opportunity to acquire new channels
for an additional 20 years.
All of the neighboring counties have virtually completed the installation of their 800 MHz
systems, and Riverside and San Bernardino have each requested an additional 31 channels.
In the cases of both the LA MTA and Deland County (Florida), the FCC rescinded
previously awarded channels for failure to meet specified deadlines.
" As per FCC Regulation 8 90.361
95 SDOMHz.067
SYt:skb 4/18.95
a�
COUNTY/ CITY
800 MHz IMPLEMENTATION COMMITTEES
IMPLEMENTATION STEERING COMMITTEE
ROBERT' DUNEK, CI'll' MANAGER, CITY OF LOS Al AMITOS
CHIEF STEVEN STAVELEY, I.A HABRA POLICE DEPART'MENI'
CHIEF MIKE DOLDER, HUNTINGTON BEACH FIRE DEPARTMENT
JEFF SINN, CITY ENGINEER. CITY OF FOUNTAIN VALLEY
MIKE KOLODISNER, DIRECTOR, GSAIPURCHASING & TRANSPORTATION
JACKIE NILIUS, DIRECTOR GSAIINFORMATION SYSTEMS
BOB WILSON, MANAGER CAO/FORECAST & ANALYSIS CENTER
GOVERNANCE TASK FORCE
LEE RISNER. CITY MANAGER CITY OF LA HABRA
ALLAN L. ROEDER, CITY MANAGER CITY OF COSTA MESA
CHIEF MICHAEL SKOGH, LOS ALAMITOS POLICE DEPARTMENT
CHIEF STEVEN STAVELEY, LA HABRA POLICE DEPARTMENT
CHIEF BERNIE HEIMOS, FOUNTAIN VALLEY FIRE DEPARTMENT
JACKIE NILIUS, DIRECTOR, OSA/INFORMATION SYSTEMS
BILL REI'IER. MANAGER, EMA/PUBLIC WORKS
NEGOTIATION TEAM
TECHNICAL LIAISON COMMITTEE
CAPT. GARY MAITEN, SEAL BEACH PD
CAPT, BILL MILLER, OCSD
CAPT. RON ROWELL, FULLERTON PI)
CAPT. FRED WAKEFIELD. T(1STIN PD
CAPT. PAUL WORKMAN, LAGUNA BEACH PD
SOT, DOUGLAS PARMENTIER, NEWPORT BEACH PD
ROGER HAM, TECH MOR., HUNTINGTON BEACH PO
TRAVIS WILLIAMS, COMM. MGR., ANAHEIM PD
PETER A. DALQUIST, EMA/PUBLIC WORKS
CHIEF PAT WALKER, OCFD
HUGH WOOD, ASST. DI R.. SUPPORT BURFAI I, OCF'U
AD HOC MEMBERS
CHIEF CHARLES BROBF,CK, IRVINE. PD
CHIEF STEVEN STAVELEY, LA HABRA PD
CHIEF BILI, STEARNS, SEAL, BFACII PD
IIOB WILSON, LEAD NEGOTIATOR, COUNTY ADMINISTRATIVE OFFICE
ALLAN L. ROEDER. CITY MANAGER, CITY OF COSTA MESA'
UF.CIROF. TINDALL. CITY MANAOER, CITY OF GARDEN GROVE (ALTERNATE)
CHIEF STEVEN STAVELEY, LA HABRA POLICE DEPARTMENT
CHIEF BILI. STEARNS, SEAL BEACH POLICE DEPARTMENT (ALTERNATE)
CHIEF RICA DEWBERRY, LAGUNA BEACH FIRE DEPARTMENT
CHIEF MARC MARTIN, FULL.ERTON FIRE DEPARTMENT
JEFF SINN, CITY ENGINEER CITY OF FOUNTAIN VALLEY
JIM MURRAY. PROJECT MANAGER, GSA/COMMUNICATIONS
S( iSAN MARKEY, ADMINISTRATIVE MANAGER, GSA/COMMUNICATIONS
RICHARD HAMPSON, SENIOR TELECOMMUNICATIONS ENGINEER, GSA/COMMI INICATIONS
MIKE: KOLODISNER, DIRECTOR GSAIPURCHASING & TRANSPORTATION
LAI IRA VAMPOLA, CONTRACT'S SUPERVISOR GSA/PURCHASING
FINANCE COMMITTEE
BRUCE CHANNING, CITY MANAGER CITY OF LAGUNA HILLS
ROD COLOMA, FINANCE DIRECTOR, CITY OF SANTA ANA
GEORGE FERRONE, FINANCE DIRECTOR, CITY OF ANAHEIM
BOB WILSON, MANAGER, CAOIFORECAST& ANALYSIS CEN TA
TOM SACCO, ACTING MANAGER, CAO/PUBLIC FINANCE
BILL CASTRO, MANAGER, CAO/PUBLIC FINANCEIACCOUNTING
STEVE DUNIVENT, MANAGER. GSAFISCAL SERVICES
SUSAN MARKEY, ADMIN. MANAGER, GSA/COMMUNICATIONS
BACKBONE SITE ACQUISITION AND DEVELOPMENT STEERING COMMITTEE
ROBERT G. LOVE, DEPUTY DIRECTOR. GSA
JACK LEANINO, DIRECTOR, GSAIARCHITEC URE & ENGINEERING
CHUCK WEST, DIRECTOR, GSA/REAL ESTATE
JIM MURRAY, PROJECT MANAGER, OSA/COMMUNICATIONS
800MHz:VSD
11/30194
0 0
800 MHz LAW/PUBLIC WORKS/FIRE SYSTEM
CONTRACT HIGHLIGHTS
The Motorola contract for the Joint City/County 800 MHz Radio Communications System was
negotiated over a 10 -month period, from February to November 1994, during which time the
system also underwent redesign to accommodate the integration of Fire with Law/Public Works
communications. The Negotiation Team participants included City Managers, Police Chiefs, Fire
Chiefs, a Public Works representative, County Purchasing representatives, a County
Administrative Office representative, and GSA Communications personnel, as outlined in the
enclosed chart of 800 MHz Committees. The contract terms and conditions were reviewed by
County Counsel.
The contract consists of 9 volumes containing approximately 2,000 pages. The key controlling
documents include Agreement Recitals and Articles and Exhibits A through I as follows:
Agreement: Recitals & Articles: Contains the terms and conditions as outlined in the attached
table of contents.
Exhibit A: System Requirements: Specific detailed radio system functional and operational
requirements.
Exhibit B County -Supplied Items Office space, the sites on which radio transmission facilities
are to be constructed, etc.
Exhibit C Compensation/Payment Schedule: Reflect payments to Motorola which can be
financed through Motorola or any other financing source as determined by the 800 MHz Joint
Powers Authority.
Exhibit D. Project Implementation Plan and Schedule: Requires, among other documents, a
detailed plan and schedule from Motorola 60 days after the contract is signed.
Exhibit E Acceptance Test Plan: Required for the backbone communications system, the
microwave system, and each agency's 800 MHz radio system.
Exhibit F: Project Training Plan: Outlines training to be provided by Motorola to radio users,
dispatchers, engineering staff and maintenance personnel.
Exhibit G: Motorola Software A ,reement: Defines agreement for computer software used on
the radio hardware.
Exhibit H: Contract Participants: Includes Cities, County agencies, and Fire Services.
Exhibit I: Glossary of Terms: Contains definitions of certain words and phrases used in the
contract.
95 KOOM W. IM7
AIA,h 4 11 95
800 MHz Law/Public Works0e System Contract Highlights •
Page 2
The major portion of the contract contains the Scope of Work defining the equipment and pricing
for the 22 backbone transmission sites and for each individual agency. The appropriate individual
City or Agency Statements of Work are included in this package.
The contract total is for $70.5 million, which includes radio equipment and installation support for
the remote backbone sites in the amount of $37 million, and $33.5 million for individual law
agency dispatch and user radios. An additional $11.5 million is needed for construction of a
tower and a small structure to house the radio transmission equipment at 22 remote backbone
sites. Public Works and Fire will be accommodated by the backbone system, but Public Works
user radios and costs are not currently provided in the equipment pricing. However, they can be
accommodated at a later date with a contract amendment.
9S 8110M] I/ 11%7
At Ah 4 1295
• AGREEMENT .
FOR
ACQUISITION, INSTALLATION, AND MAINTENANCE
OF AN 800 MHz LAW ENFORCEMENT/PUBLIC WORKS/FIRE
COMMUNICATIONS SYSTEM
FOR THE
COUNTY OF ORANGE
TABLE OF CONTENTS
ARTICLE PAGE NUMBER
I . SCOPE OF AGREEMENT
2. PERIOD OF PERFORMANCE
3, PRECEDENCE
4. CHANGES/AMENDMENTS/EXTRA SERVICES
5. PAYMENT TERMS AND AGREEMENT AMOUNT
6. OVER -THE -AIR REKEYING CAPABILITY (OTAR)
7. FIRM PRICING STRUCTURE
8. FREIGHT/DELIVERY
9. TAXES
10. INSTALLATION/RISK OF LOSS
11. STANDARDS OF PERFORMANCE AND ACCEPTANCE TESTING
12. INSURANCE
13. PERFORMANCE BOND
14, RECORDS INSPECTIONS AND AUDITS
15, PROJECT SCHEDULE
16. LIQUIDATED DAMAGES
17. FORCE MAJEURE
18. TERMINATION
19. WARRANTY
20, WARRANTY REMEDIES
21. MAINTENANCE AND WARRANTY RECORDS
22. MOTOROLA LICENSE GRANT TO COUNTY
23. SOURCE CODE TRUST
24. DOCUMENTATION
25. RADIO PROGRAMMING CONFIDENTIALITY
26. PATENT/COPYRIGHT MATERIALS
27. PROPRIETARY INFRINGEMENT INDEMNITY
28. CONFIDENTIALITY
29. RESPONSIBILITY OF MOTOROLA
30. PROJECT ADMINISTRATION AND KEY PERSONNEL
31. REPORTING/MEETINGS
32. TRAINING
33. NOTICES
34. INDEMNITY
:%R 1'KI.I!SA111% 379650
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Aigc<u,:nI No. 81100001 y95
1'.v ,
i AGREEMENT •
FOR
ACQUISITION, INSTALLATION, AND MAINTENANCE
OF AN 800 MHz LAW ENFORCEMENT/PUBLIC WORKS/FIRE
COMMUNICATIONS SYSTEM
FOR THE
COUNTY OF ORANGE
TABLE OF CONTENTS
ARTICLE
35. LIMITATION OF LIABILITY
36. INDEPENDENT CONTRACTOR
37. ASSIGNMENT
38. CONFLICT OF INTEREST
39. DEFAULT - SANCTIONS
40. CONSENT TO BREACH OR WAIVE
41. REMEDIES NOT EXCLUSIVE
42. COVENANT AGAINST CONTINGENT FEES
43. DISPUTE AS TO CONTRACT REQUIREMENTS
44. INTERPRETATION
45. GOVERNMENT REGULATIONS -COMPLIANCE
46. ENVIRONMENTAL PROTECTION STANDARDS
47. ENERGY EFFICIENCY STANDARDS
48. EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION -
NONDISCRIMINATION - HANDICAPPED INDIVIDUALS
49. CHOICE OF LAW AND FORUM
50. NEWS AND INFORMATION RELEASE
51. HEADINGS NOT CONTROLLING
52. VALIDITY
53. AVAILABILITY OF FUNDS
54. ENTIRE AGREEMENT
EXHIBITS
Exhibit A
Scope of Work
Exhibit B
County -Supplied Items
Exhibit C
Compensation/Payment Schedule
Exhibit D
Project Implementation Plan & Schedule
Exhibit E
Acceptance Test Plan
Exhibit F
Project Training Plan
Exhibit G
Motorola Software License
Exhibit H
Contract Participants
Exhibit I
Contract Terms Glossary
PAGE NUMBER
21
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tk'1'ICLES.NI II% 779650 Agreenww No 50000015 95
I \''A. 1215:9'1 11age u
KEY ELEMENTS OF THE
800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
JOINT POWERS AGREEMENT
The primary purpose of the Joint Powers Agreement (JPA) is to provide a purchase and financing
vehicle for the Joint Cities/County 800 MHz System, and as such, the signatories to the JPA are
the Cities and the County. The JPA was formed due to the County's bankruptcy and related
degradation in its bond rating. Through the JPA, it is expected that it will achieve a prime bond
rating and thus reduce the cost of financing the 800 MHz system.
The amount of financing is not expected to initially exceed $82,120,728, which includes
$70,481,728 for the backbone radio transmission equipment and the individual agency equipment,
plus $11,639,000 for developing the 22 backbone sites (towers and buildings to house radio
equipment). Of the $70,481,728 for the equipment, approximately $37,000,000 is for the
backbone and approximately $33,000,000 is for individual agency equipment. The $33,000,000
for equipment for the agencies could vary if a city agency/department wishes to change the
amount of equipment ordered; which is subject to each city and agency's approval process..
It is anticipated that the financing will be for ten years, but each city or agency can opt for a
shorter financing period, partial financing, or to pay cash as some cities have indicated.
The following are other key elements of the JPA:
• To establish a collateralization of revenue intercept as an option in case of failure to pay
financing costs on a timely basis. The specific intercept would be against the in-place
Proposition 172 one-half cent sales tax for public safety.
• To establish a cost allocation method for equitably allocating 800 MHz system acquisition
and implementation costs to all members. (The 800 MHz system is referred to as CCCS,
Countywide Coordinated Communications System.)
• To establish a payment schedule that assures up -front capitalization by City members and
County payments at the end of implementation.
• To accept assignment of the Motorola contract from the County.
• The Board of Directors shall consist of one representative from each City and two from
the County, one being the Sheriff.
• The Board shall select an Executive Committee of seven, two from the County (one being
the Sheriff) and five from the Cities.
95 8001AHZ.089
.1>f:skb 4/18,95
,�1
0 KEY ELEMENTS OF THE
800 MHz COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM
JOINT POWERS AGREEMENT
• Each member of the Board of Directors shall have one vote with each of the two County
members having six votes, which was established in proportion to the amount of the cost
to be borne by the County (28%) and the Cities (72%).
• The County is designated as responsible for the implementation and operation of the 800
MHz CCCS.
• The JPA shall not have the power to implement, levy or institute any tax or taxes.
It is urgent that the JPA be approved quickly by the 31 City Councils so contract implementation
can begin and the October FCC deadline met. It is acknowledged that due to time constraints, the
JPA was prepared quickly and will require modifications. This mechanism has been put into
place. Once the JPA is fully executed, the Executive Board, representing the 31 Cities and the
County, can modify the JPA with a two-thirds vote. Rather than delaying the immediate
execution of the JPA by City Councils, it is requested that the participants pend changes until the
JPA is formed.
All participants will need to sign the Joint Powers Agreement to assure that they are price
protected under the Motorola contract once it is assigned to the JPA. Each City Council should
also indicate whether they plan to proceed with Public Works so these costs can be factored into
any financing plan and the contract can be amended.
Recommended City Council Actions:
Execute the attached 800 MHz Countywide Coordinated Communications System Joint
Powers Authority Agreement,
2. Designate your representative on the 800 MHz JPA Executive Board.
Identify if you plan to proceed with the purchase of Public Works radios at this time so that
these costs can be calculated into the financing plan.
95.800PIHz.089
JNI:skb 4118!95
2-
•
CITY OF NEWPORT BEACH
POLICE DEPARTMENT
May 19, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Bob McDonell, Chief of Police
SUBJECT: 800 MHz Project
-'' iVE� Aur i'a:D
The City Manager has placed on your May 22, 1995 agenda, the approval of the 800
MHz JPA contract. As a result, I want to take this opportunity to urge you to support
that recommendation. The project has been literally years in the development and is
an excellent example of local governments cooperating for a common goal. The
emergency communications networks affected are decades old and technologically
outdated, as well as mechanically/electronically in disrepair. In Newport Beach, we
have been deferring the purchase of radio equipment for years, anticipating the
replacement of the entire network with the 800 MHz equipment. Unfortunately, just as
the project was being finalized, the Orange County bankruptcy struck a crippling blow.
Recently, we have been forced to spend thousands of dollars on an interim solution to
our problems caused by the lack of spare parts and the continued serviceability of our
radios. Although we purchased a number of cheaper, less durable replacements to
bridge the gap until the project can be implemented, it was clearly an interim solution
awaiting the fate of the 800 MHz system.
Without this cooperative venture between all of the cities and the County, each of us
will be left to our own devices to find a less than acceptable alternative which will not
be the integrated solution that would result from the completion of the 800 MHz
system. As a result, Orange County law enforcement will loose its competitive edge,
the foundation of which was our ability to communicate effectively between any of the
cities and the County with relative ease.
While I recognize it's difficult to commit to a project of'this scope in these economic
times, there is no reasonable alternative which will make such a fundamental
difference in Orange County law enforcement for decades to come. I cannot stress
enough the critical nature of what is proposed and as such, I
Q
Bob McDonell
CHIEF OF POLICE
cc: Kevin Murphy, City Manager
urge your support.
RESOLUTION NO. •54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF
ORANGE, THE CITY OF NEWPORT BEACH AND ALL OTHER CITIES
IN ORANGE COUNTY TO ACQUIRE AND FINANCE THE 800
MEGAHERTZ COMMUNICATIONS SYSTEM
WHEREAS, the City of Newport Beach has determined that it is in the public
interest and benefit to acquire a new 800 MHz state of the art radio communication
system to replace a radio communication system twenty-three years old with a limited
number of 460 MHz channels and with no additional 460 MHz channels available; and
WHEREAS, the County of Orange has approved an Agreement to purchase the
800 MHz system from Motorola and the Agreement is contingent on the formation of a
Joint Powers Agreement permitting all cities and the County to finance and acquire the
800 MHz system; and
WHEREAS, the City's purchase price for the entire system is $3.3 million to
upgrade local mobile and hand held radios and pay for a pro rata share of the backbone
equipment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Newport Beach hereby approves participation as a member of a Joint Powers
Agreement with the County of Orange and all other Orange County cities on the
acquisition and financing of the 800 MHz Communication System, and authorizes the
Mayor and City Clerk to execute said Agreement.
ADOPTED this 22nd day of May 1995.
ATTEST:
CITY CLERK / J
MAYOR J
0 •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
Mr. Robert Griffith
Director, General Services Agency
County of Orange
14 Civic Center Plaza
Santa Ana, CA 92701
Dear Mr. Griffith:
(714)644-3005
February 13,19%
On February 12, 19% the City Council of the City of Newport Beach authorized the
City's participation in an 800 MHz Joint Powers Agreement and approved the Joint
Agreement Communications System.
Enclosed are two (2) copies of the executed Joint Agreement for the Implementation
and Operation of the Orange County 800 Megahertz Countywide Coordinated
Communications System. Please execute both copies and return one to us for our files.
Thank you.
:lh
Enclosures (2)
Sincerely,
C�2nc-
LaVonne M. Harkless, CMC/AAE
City Clerk
3300 Newport Boulevard, Newport Beach
f i 0
CITY OF: &6,2,,2c,-4 9c C k-)
ATTEST: �j
By:
m
City Clerk
Dated: 19�f¢
Approved As To Form:
City Attomey
l
CONTRACTlJT.AGREE.DOC JM:sk6 01/30/96 6:49 AM
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• EXHIBIT C
COMPENSATION/PAYMENT SCHEDULE
A. Fixed Price Agreement
This is a fixed price Agreement between the County and the Contractor for the analysis,
design, development, implementation, acquisition, installation, and maintenance of an 800
MHz Law/Public Works/Fire Communications System for the County of Orange
GSA/Communications Division. County agrees to compensate the Contractor the fixed
price as set forth herein.
The Contractor agrees to accept the specified compensation as full remuneration for
performing all services and furnishing all staffing and materials called for; and for any
reasonably foreseen difficulties under the responsibility of the Contractor which may arise or
be encountered in the implementation of the services until acceptance and warranty of the
800 MHz Communications System; and for risks connected with the services; and for
performance by the Contractor of all of its duties and obligations hereunder.
The fixed price shall include the fees and all expenses related to the performance of work
and services required to meet the tasks and deliverables in the Scope of Work, set forth
more fully in Exhibit A of this Agreement.
B. Total System Costs
The total price of the Agreement is $82,142,866 which shall be a total system price for all
• hardware, services, taxes and the performance by the Contractor of all of Contractor's duties
and obligations hereunder.
The County reserves the right to add, change, or delete equipment or features to the new
800 MHz Communications System as set forth in the Agreement Recitals and Articles.
C. Price Structure and Format
Contractor's proposed hardware, software, services, and performance must meet or exceed
the specifications and requirements as set forth in Exhibit A, Scope of Work, Exhibit E,
Acceptance Test Plan, and Exhibit F, Training Plan.
Contractor's payment milestones must be submitted in accordance with the requirements as
set forth below and in Exhibit D, Project Implementation and Schedule.
D. Payment Milestones/Retention
1. Upon completion by the Contractor and County acceptance of Detailed Design
Document, Equipment List, Post Award Documentation Package and Detailed
Implementation Plan, the Contractor will bill 5% of the total contract amount.
2. Upon completion by the Contractor and County acceptance of Staging Acceptance
Plan, Coverage Acceptance Plan, NPSPAC Acceptance Plan and System/Subsystem
Acceptance Plan, the Contractor will bill 5% of the total contract amount.
• 3. Upon completion by the Contractor and County acceptance of the System Overview
Training and the Training Package, the Contractor will bill 2% of the total contract
amount.
EXHMITC.DOC 379650
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4. Retention of 7% of the total billable amount, as well as the 12% paid in accordance
with items 1 through 3 above, shall be deducted from each invoice submitted by the
Contractor per items 5 through 7 below. One half of the retention shall be paid upon
conditional system acceptance and the remaining retention shall be paid upon final
system acceptance and delivery of all system documentation due after system
acceptance as described in Exhibit E. In the event that, by mutual agreement in
accordance with Article 4, any invoices become due after payment of the retention to
Motorola and final system acceptance by the County, payment terms for these invoices
will be set forth in writing in the Change Order Notice.
The $3,500,000 discount provided by the Contractor shall be deducted proportionally
on each invoice for services as identified in Contractor's Product and Pricing
Information list contained in the Agreement.
5. The Detailed Design Document and Implementation Schedule, as defused in Exhibit D,
shall define each subsystem of the 800 MHz system and shall contain mutually
acceptable estimated completion dates, line item equipment and services detail, and
corresponding costs for all items that comprise each training module and each
subsystem equipment delivery, installation, test and acceptance milestone that are
consistent with the payment terms below.
a. Microwave/Backbone S,, st
(1) Microwave Equipment - 70% of equipment cost billable upon verified delivery
Microwave Installation - 70% of installation cost billable at each completed
• site installation (subsystem)
Microwave Testing - 15% of microwave equipment and installation costs
billable as each site passes operational performance testing
Microwave Acceptance - I5% of microwave equipment and installation costs
billable when entire microwave system is accepted
(2) Backbone Equipment - 70% of equipment cost billable upon verified delivery
Backbone Installation - 70% of installation cost billable at each completed site
installation (subsystem)
Backbone Testing - 15% of backbone equipment and installation costs billable
as each site passes operational reliability testing
Backbone Acceptance - 15% of backbone equipment and installation costs
billable when entire backbone system is accepted
For payment purposes, microwave and backbone systems and subsystems are
separated. However, for acceptance and warranty purposes, the microwave
subsystem and backbone are considered one and the same in terms of the
applicable warranty period as stated in the Agreement Articles.
b. Consoles/Control Stations
• Equipment - 100% of equipment cost billable upon verified delivery
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• Consoles/Control Stations Installation - 100% of installation cost billable at
each completed site installation acceptance (subsystem)
c. Field Eguinment (includes mobile data terminals)
Equipment - 100% of equipment cost billable upon verified delivery
Installation - 100% of installation cost at each site (subsystem) billable when
75% of the mobile equipment (including aircraft and marine) installation is
accepted
d. Gateway System
Gateway Equipment - 70% of the equipment cost billable upon verified
delivery
Installation - 70% of installation cost billable at installation acceptance
Gateway Acceptance - 15% of the MDT gateway equipment and installation
costs billable when the gateway is accepted
MDT System Acceptance - 15% of the MDT gateway equipment and
installation costs billable when 75% of the MDT terminals are operating on
the accepted gateway
e. SDareslTest Eauioment
• Delivery/Acceptance - 100% of the cost billable upon verified delivery in
accordance with the Implementation Schedule
•
Delivery dates for all spares and test equipment must be defined in the
Implementation Plan.
6. Trainim - All Costs
Except as specified in item 3 above, 100% of the billable amount for a training module
will become due, subject to approval by the Project Manager, when all training,
documentation, and software have been received for the training module and the
quality of training is in accordance with the requirements as listed in Exhibit F.
Extended Warranty Costs
The extended warranty period begins for each subsystem after the expiration of the full
subsystem warranty defined in Article 19. Actual labor costs for warranty repair,
replacement or maintenance will be paid on a monthly basis to Motorola during the
extended warranty period but shall not exceed $450,000 in total for this agreement
unless modified in accordance with Article 4. Actual parts costs for warranty repair,
replacement or maintenance will be paid on a monthly basis to Motorola during the
extended warranty period but shall not exceed $100,000 in total. In the event total
costs for parts provided by Motorola under this clause exceed $100,000, Motorola
shall provide any additional parts required for warranty compliance at no additional
cost.
&YHIBITC.DOC 374650
SM:skb 12/554
1141
0 0
• E. Staff Labor Rates for Changes/Extra Services
In the event there are new or unforeseen requirements, arty change shall be in accordance
with the Agreement Recitals and Articles. Contractor agrees to perform extra services or
change orders authorized in writing as set forth in Article 4 of this Agreement.
Description Hourly Rate
Program Manager $125.00
Engineer/ImplementationManager $118.75
Technician $ 90.00
Draftsman $ 85.00
Installer $ 75.00
Contractor's proposal must indicate an hourly cost factor for the above described extra
services. However, these services are not restrictive and Contractor must identify and state
the hourly cost factor for any other extra services that may be required from the Contractor.
F. Invoicing Instructions
Invoices may be submitted upon completion and acceptance by the County Project Manager
of each milestone as set forth herein under Section C, Price Structure and Format.
As a condition of payment of any invoice, the County must receive an invoice in an
acceptable format. Proper references must be made to the Agreement number, the
• Contractor's Federal I.D. number and the California seller's permit number, if applicable. In
addition, sufficient itemization and/or description, including the serial numbers of any
equipment items, must appear on the invoice. Dollar amounts, extensions and totals must be
correct. When appropriate, dollar amounts for taxes, freight or any other fees must be
adequately described and itemized.
Acceptable Invoicing Format:
Contractor may bill on standard invoice form, but the following references must be made:
1. County Agreement Number;
2. Contractor Federal I.D. Number; and
3. Tasks and amount invoiced.
The responsibility for providing an acceptable invoice rests with the Contractor.
Documentation from the user department confirming that all of the requirements of a
particular milestone payment have been satisfied may be required to be submitted along with
Contractor's invoice.
Invoices shall cover services and items not previously invoiced.
Invoices must be mailed to County Project Manager at the following address:
County of Orange
GSA/Communications Division
• 840 N. Eckhoff St., Suite 104
Orange, CA 92668-1021
Attn: Jim Murray
MI]3rrc.DOC 379650
M:s b 12/5194
• GSA/Communications is responsible for approval of invoices and subsequent submittal of
invoices to County Auditor -Controller for payment.
is
n
U
G. Payment
Payment is to be made within thirty (30) days after receipt of an acceptable invoice.
Payments made by the County shall not preclude the right of County from thereafter
disputing any items or services involved or billed under this Agreement, and shall not be
construed as acceptance of any part of the services.
EXHIBITC.DOC 379650
Jhl:skb 12/5,94
•
0
0
EXHIBIT C • • County of Orange
ATTACHMENTS Agreement No. S0000015.95
Systems Cost, Milestones,
Payment Schedule
ATTACHMENT NO. C1
PRODUCT AND PRICING
COVRSHTS.DOC 379650
RLH:gb 11/17/94 3:01 PM
INFORMATION
kc,3
• •
PRMUCT AM PRICING INFOFCZ1"ION
•a LYaeh - RPP SLL-379650 - Pebsnary 3, 1992
ureage county Purchaaing Departmant
1300 South Grand Avem s - Building uA"
Santa Ana, Califoraia 92705
ORANOE COUNTY - 800 NB2 PUBLIC SAFBTY COMFUNICA2LDN9 77,185,021.98
SIM=. V -P TEM VEBBMM ARPLSCTS THE
AMR= UPON CHA106B9 POR rnmL coNTRRcT.
Item Qty Deeeriptiom
----- ---- -----------
001
1 summa Y OF BQUXFHB Aa COSTS FM ICIDIVID"L CITIES.
25,817,376.40
TOTAL IS
BECLUSIVR OF SALES MAX. CONSOLES ®VR SBBN
colmmoum
POR CONSOLE PRIORITY. DRS ENCRYPTION REl mis
ON ALL LLW UNITS.
1
1 BOOR III
TAN 02
CITY OF ANABEM
3,311,117.90
3,311,117.90
2
1 BOOK III
TAB 03
CIT! CP BREL
1,092,111.74
1,092,111.74
3
1 BOOK III
TAH 04
CITY OF BUM PARE
745,769.87
745,769.87
4
1 BOOK III
TAB 05
CITY OP COSTA MESA
1,224,001.51
112241001.51
5
i BOOK III
TAH 06
CITY OF CTPBBSS
742,074.23
742,074.23
6
1 BOOK III
TAH D8
C1TY OP FOUBIR= VLY.
687,752.96
687,752.96
7
1 BOOK III
TAH 09
CIT[ OF FULLSRTOH
1,513,129.89
11513,129.89
8
1 BOOK III
TAH 10
CITY OF Gas= OROVS
1,662,279.38
1,662,279.38
9
1 HOOK III
TAH 31
CITY OF SUB23NOM BERM
2,609,937.44
2,609,937.44
1D
1 BOOK III
TAH 12
CIT[ OF 3RVXHB
1,339,660.42
1,339,660.42
1 BOOK III
TAH 13
CITY OF LAGMM HEL®
598,165.75
598,165.75
1 BOOK III
TAH 16
CIT! OP LA BARBA
719,163.39
719,163.39
.3
1 BOOK III
TAH 18
CITY OF LL PALM
314,608.87
314,608.87
14
1 BDOr III
TAB US
CITY OF IAS AZAK MS
326,318.45
326,318.45
15
1 HOOK III
TAH 20
CITY or NIBSION V1B.70
23,246.27
23,246.27
35
1 BOOK SII
TAB 21
cITY On NeePDRT rice
1,942,S99.93
1 942 599 93
17
1 HOOK III
TAB 22
CITY OF ORM M
1,492,693.25
1,492,693.25
38
1 HOOK III
TAB 23
CIT![ OF PLACE MA
559,742.68
559,742.68
19
1 BOOK III
TAB 24
CITY OP SAH CLMOM722
390,289.40
390,289.40
20
1 HDOK III
TAB 27•
CITY OF SMI JUAN r*nISTRAND
12,650.95
12,650.95
21
1 HOOK III
TAH 26
CITY OF SAmm mm
21010,680.01
2,010,680.01
22
1 SOUK III
TAH 27
CITY OF SEAL HEACB
364,734.39
364,734.39
23
1 BOOK III
TAB 28*
CITY OP STANTWT
69,053.28
69,053.28
•
bA
12:01:45 12/28/1994 0 1
FROUDCP EMIL ffi+ORMATION (C=imned)
•9D County PurO3asing Departmect
Stem
Oty Description
961,646.96
24
1 ROOM III
TED 29
CITY OF TUSTIN
25
1 DOOM III
TED 31
CITY or WSSTNINSTER
26
1 BOOM IZI
TED 32'
CITY OP YORBA T,D A
002
1 SORRY or 8Q4]ImnuT COSTS POB nIDI7MLUAL COUNTY
0.00
AGEMCX3S.
CCNSOLES HAVE WEN COM@I6ORSD POR CONSOLE
0.00
PRIORITY.
DHS OPTION
ADOLMIS ON ALL LAW UNITS.
27
1 BOOM III
TAD 34
SffiIPP/CDROM M
28
1 BOOM III
TAD 35*
DISTRICT ATTORNEY
29
1 BOOK ISI
TAD 36*
MARSHAL
30
1 BOOM III
TAD 37•
PROBATION
31
1 BOOM III
TAD 38-
ANIMAL CONTROL
32
1 BOOM III
TAH 39*
HIM
33
1 BOOM III
TAD 40
CONNUNICBTIONB
34
1 BOOM 1ZI
TAB 41
JOHN NAYMB Al2PORT
35
1 BOOM Za
TAB 42
OTHER COUNTY •GENCXRS
36
1 HOOK III
TAH 43
I vnm RANCH Immm D*STRT^"'
31
1 BOOK Ia
TAD 44
COUNTY SANITATION DISTRICT
38
1 Boom III
TAB 45
SORTS COAST WATRB DIST.
003
1 SOEARY OP HoumpmIMT COSTS POR ALL FH'SESTRIICTORB.
•
SYETZ M IS
EMBASSY.
CC .It'O88D FOR OHS ZCSH CONTROLLER AND ONE
+9
1 BOOK =
TAD A
NORSE COUNTY SYSTEM
40
1 BOOK Ia
TAH B
BOOTH COUNTY SYSTEM
41
1 HOOP. 31l
TAD C
COUNTYNffi SYSTEM
42
1 BOOR 1=I
TAH C1
wlDMON SITE EMT.
43
1 BOOR =
TAD C2
MOLSTER SITE EQUIPMENT
44
1 HOOK =
TAB D
MUTUAL an SYSTEMS
45
1 BOOK III
TAB P'
NODILE DATA SYSTEM
46
1 BODE III
TAD 0
Dxhamow= SYSTEM
47
1 BOOK III
TAD H
NXCRONAVE SYSTEM
48
1 BOOK III
TAD I`
SPARE a TEST BQUXPHBNT
0
Price
___""" unit------------- Ext""
854,584.73 854,584.73
11136,975.84 1,136,975.84
74,033.87 74,033.87
12,092,379.73
4,957,645.48 4,957,645.48
813,746.04
813,746.04
961,646.96
961,646.96
1,064,538.73
1,064,538.73
207,367.22
207,367.22
1,480,014.77
1,488,014.77
1,666,260.44
1,666,260.44
466,641.99
466,641.99
466,518.10
466,518.10
0.00
0.00
0.00
0.00
0.00
0.00
26,062,716.85
2,401,620.26
3,251,917.11
4,180,088.69
7,714,984.99
1,282,125.11
438,413.96
114481569.90
64,256.80
5,004,439.00
276,301.03
2,401,620.26
3,251,917.11
4,180.088.69
7,714,984.99
1,282,125.31
438,413.96
11448.569.90
64,256.80
5,0041439.00
276,301.03
12.01:45 11/28/1994
PRODUCT ANDOMMG 71IMMTMM (Continued)
0 l County ParcLaein4 Department
item Qty Description
----- ---- -------------------------------------------------------
004 1 SMDARY OP LABOR COSTS EEQU11ED TO INSTALL AND EAlAM
INSZh LRMT w,, ENGINEERZOG AND OPT3NIZATION. TEESE ITEMS
ARE TAX EEBMPT, EBCEPT FOR 29"M ANCE Ne1CH HAS 20% OF
THE TOTAL maaW.a,
69 1 SEEVICESa PROGRAM MANAGEMENT
50 1 SERV3X=a naam LLLanou
52 1 SERVICES* SYSTEM EN0INSBAZN6
53 1 SERVICES WARRANTY
54 1 SSRVICEH TNAZNYSO
55 1 S88VICES* MOBILE DA12 DIVISION
56 1 BOND PZBPCFMANCB BOND
57 1 PRE IRHT FRRMM m
58 1 PREOUENCT COORD. MIW A RP PLUS NTIA HAPS
59 1 DLROODNT SYSTEM DISCODN'P
TOIALSs Lina Stem Total
Total
Initial Does. Payment
Remaining Balance
•
Pa
Price
--------- Unit ---------- --ffit----
13,212,549.00
3,053,567.00
10,372,572.00
1,016,426.00
550,000.00
386,667.00
259,635.00
400,000.00
600,000.00
73,682.00
-3,500,000.00
3,053,567.00
10,372,572.00
1,016,426.00
550,000.00
986,667.00
259,635.00
400,000.00
600,000.00
73,682.00
-3,500,000.00
77,185,021.98
77,185,021.98
0.00
77,185,021.98
b�
12:01:65 11/28/1996
.., - PRCER= AM*MX B; ffiCIOULTION (Contin")
Age CenatY Purchasing Department
* The prices on this offering are exclusive of all taxes.
Applicable taxes will be calculated at the time of invoicing
and added to the total shoves above.
•
3