HomeMy WebLinkAboutC-2547 - Joint agreement, Implementation & operation of Coordinated Fire Communication System4(
CITY OF NEWPORT BEACH
P.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884
TO: FINANCE DIRECTOR
Fire Dept.
FROM: CITY CLERK
DATE: January 27, 1986
SUBJECT: Contract No. C -2547
OFFICE OF THE CITY CLERK
(714) 640 -2251
Description of Contract Joint Agreement for the Implementation
and Operation of the Orange. County Coordinated Fire Communications
System
Effective date of Contract January 2, 1986
Authorized by Minute Action, approved on November 12, 1985
Contract with General Services Agency /Communications Division
Address County of Orange
481 The City Drive South
Orange, CA 92668
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
3300 Newport Boulevard, Newport Beach
I/
CORT BEACH FIRE DEPARTMENT
i
November 12, 1985
Agenda Item 1_41 )
TO: Mayor and City Council BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
FROM: J. M. REED, Fire Chief
SUBJECT: County -Wide Fire Radio Communication System NO V 1 2 19185)
APPROVED
Recommended Action
Approve the "Joint Agreement for Implementation and Operation of the
Orange County Coordinated Fire Communications System."
Authorize the Mayor to sign the Agreement.
Instruct the City Clerk to forward the approved Agreement to Orange County
General Services Agency.
Discussion
The Orange County Communications Department and all of the fire
departments in Orange County are proposing a new fire radio communication
system. This new system will handle the increased volume of radio traffic
and eliminate technical problems with the low band radios. A cost sharing
formula was developed and endorsed by the Orange County City Manager's and
Fire Chief's Associations. The formula is based on the square miles and
field equipment in each agency. Attached is a breakdown of the backbone
cost. In addition, each agency will need to purchase radio equipment for
local use. The estimated cost for Newport Beach is $85,876 for the
backbone and $165,140 for radio equipment. A budget request for this
money will be submitted in 1986.
Every city in Orange County including Newport Beach has submitted a letter
of commitment to support the system. As a result of this commitment,
the "Joint Agreement for Implementation and Operation of the Orange
County Coordinated Fire Communications System" has been written to clarify
the details of this project.
The "Joint Agreement for the Implementation and Operation of the Orange
County Coordinated Fire Communications System" has undergone an extensive
review process. The Agreement has been reviewed by the membership of the
Orange County Fire Chief's Association, numerous City Attorneys and
County Counsel. The revision process has been painstaking and the
changes reflect the concerns of the respondents. The Newport Beach City
Attorney has reviewed the Agreement and approved it as to form.
To: Mayor and City Council
November 12, 1985
Page 2
The Agreement addresses:
- The financing and cost sharing methods and procedures.
- Appropriate procedures for administering the addition or
removal of new users.
- Planning and implementing future system modifications.
- Developing and implementing operational policies beneficial
to the users.
In order to proceed, each city must officially enter into the Agreement.
It is requested that the City Council approve, authorize the Mayor to sign
and instruct the City Clerk to forward this Agreement.
Respectfully submitted,
M. Reed, Fire Chief
v JMR:rw
Attch
C
3
80AAHz FIRE RADIO SNATEM
BACKBONE COST PER AGENCY
AGENCY
SO. MI.
EQPT.
% OF
TOTAL COST
SHARED*
COST
COUNTY FIRE
342.77
517
45.80
$1,056,908
ANAHEIM
54.35
80 -1/4
7.19
165,984
BREA
23.30
29
2.87
66,146
BUENA PARK
10.51
43
2.50
57,585
COSTA MESA
15.95
29
2.33
53,765
FOUNTAIN VALLEY
9.80
21 -1/3
1.57
36,294
FULLERTON
22.40
43
3.36
77,615
GARDEN GROVE
18.04
44 -1/4
3.10
71,429
HUNTINGTON BEACH
29.30
86 -1/3
5.61
129,428
LAGUNA BEACH
6.40
21
1.31
30,258
LA HABRA
7.55
22
1.44
33,122
NEWPORT BEACH
22.90•
51
3.72
85,876
ORANGE
62.90
68-1/4
7.34
169,257
SAN CLEMENTE
17.32
30
2.47
57,000
SANTA ANA
27.33
111
6.46
148,986
STANTON
3.38
18-1/4
0.98
22,620
WESTMINSTER
10.70
29 -1/3
1.96
45,230
COLUMN TOTALS
684.90
1244
100
$2,307,504
* Includes tax and installation
Displayed to the nearest dollar, carried to ten places
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CITY OF NEWPORT BEACH
(-' - 2.5yI
JOINT AGREEMENT FOR THE
IMPLEMENTATION AND OPERATION OF THE
ORANGE COUNTY COORDINATED FIRE COMMUNICATIONS SYSTEM
THIS AGREEMENT is entered into,g�cy 19E6
by and between the COUNTY OF ORANGE, a body po itic, hereinafter
designated as "COUNTY," and all the USERS listed on Exhibit "A"
which is attached hereto and incorporated herein by reference,
hereinafter designated as "USER(S) ".
WITNESSETH:
WHEREAS, in the administration of County and City
government, within the County of Orange, and the operation of
fire protection agencies by such governmental units the
maintenance and operation of a Coordinated Fire Radio
Communications System is desirable.
WHEREAS, such facilities have heretofore been
established within the County of Orange and have been maintained
and operated under the provisions of certain agreements by and
between the parties hereto, and
WHEREAS, COUNTY and USERS have increasing requirements
for Coordinated Fire Radio Communications, and
WHEREAS, COUNTY, in cooperation with the USERS, has
developed an 800 MHz Coordinated Fire Radio Communications
System to meet the increasing Fire Radio Communications needs of
the COUNTY and USERS, and
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WHEREAS, said 800 MHz Coordinated Fire Radio
Communications System will be available for the mutual use and
benefit of the COUNTY and USERS, and
WHEREAS, it is recognized that new users may from time
to time in the future require access to this Coordinated Fire
Radio Communications System, and
WHEREAS, SYSTEM will require appropriate procedures for
administering the addition or removal of new users, planning and
implementing future SYSTEM modifications, developing and
implementing operational policies beneficial to the USERS, and
NOW, THEREFORE, in consideration of the mutual
covenants, conditions, agreements and stipulations hereinafter
expressed, the COUNTY and USERS hereby agree as follows:
1. An 800 MHz Coordinated Fire Radio Communications System,
hereinafter referred to as SYSTEM, shall be established in the
County of Orange. Said SYSTEM is described in the response to
County of Orange, Request for Proposal 78602 - 800 MHz Trunked
Fire Radio System, dated November 16, 1984, revised. Said SYSTEM,
is composed of two component parts, "SYSTEM Backbone" and "SYSTEM
Field Equipment ".
( "SYSTEM Backbone" means that portion of the SYSTEM
that provides the means by which dispatch centers,
fire stations, mobile radios, portable radios, and
pagers communicate with each other and is composed of
mobile relay equipment, microwave equipment, and
associated control equipment.)
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( "SYSTEM Field Equipment" means that portion of the
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SYSTEM that uses the SYSTEM Backbone for communications
3
and consists of dispatch centers, fire stations, mobile
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radios, portable radios, and pagers.)
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A. The primary purpose of the SYSTEM shall be to serve all
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of the Governmental Fire Service Agencies in the County of
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Orange.
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B. Secondarily, additidnal governmental new users may be
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added or removed from the SYSTEM as conditions warrant.
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C. The COUNTY may from time to time enter into such,
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agreements or contracts, with various vendors for purchase
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or lease, installation, service and maintenance as may be
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necessary and required in order to effectuate the purposes
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and objects of this Agreement. All such agreements or
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contracts shall comply with applicable State Law.
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D. The Orange County Fire Chiefs Association hereinafter
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referred to as ( OCFCA) represents all USERS of the SYSTEM,
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and in cooperation with COUNTY, has heretofore determined
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operational policy for the present fire communication
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system; consulted with COUNTY on present fire communication
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system upgrades; and approved recommendations for the use of
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the present fire communication system by new users who
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provide operational support to the Fire Services. It is
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appropriate to direct the OCFCA to continue their
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established role in the operation of the new SYSTEM.
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Therefore, COUNTY and USERS, Hereby designate the OCFCA to
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act for USERS to: to determine whether or not new users
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1 shall be added to, or removed from, the SYSTEM; to consult
2 with COUNTY to determine and recommend to USERS future
3 modifications of SYSTEM; to develop operational policies for
4 SYSTEM; in accordance with the terms and conditions of this
5 Agreement.
6 E. Notwithstanding Section 1.D., above, any proposed action
7 by OCFCA pursuant to Section l.D., above, shall be subject
8 to a thirty (30) day review by USERS. Should any USER object
9 to said action by OCFCA, said action shall require the
10 approval of 75% of USERS Governing Bodies to implement.
11 Each USER shall designate, in writing to the OCFCA, one (1)
12 representative of USER to review said proposed actions. If
13 USER does not designate, in writing, a representative, said
14 representative shall be the Chief of said USER's Fire
15 Department.
16 (Governing Body as referred to in this Agreement, shall
17 include, but not be limited to, Board of Supervisors,
18 City Council, or Board of Directors.)
19 F. Further, any SYSTEM modification or other action by
20 OCFCA which requires USERS to obligate funds for cost
21 sharing shall require prior approval by the Governing Body
22 of each participating USER.
23
24 2. This Agreement shall take effect as above dated. It shall
25 remain in effect for a five -year (5) period and shall continue
26 for additional periods of five -years (5) each, unless the
27 Governing Body of either COUNTY or USER votes not to continue the
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Agreement at a meeting more than one year before the expiration
of any five -year (5) period and notifies all existing USERS
within thirty (30) calendar days. Notwithstanding the preceding
sentence, this Agreement may be terminated by any individual
party hereto, as to that party, by serving written notice of
termination on the COUNTY. After the expiration of SIXTY (60)
days from the giving of such notice, the individual party so
electing to withdraw shall cease to be a party to this
Agreement. Such termination shall not relieve said party of any
financial obligation assumed as a part of this agreement.
However, the party so terminating shall not be responsible for
any financial obligations assumed by the other parties hereto
subsequent to said termination. Similarly, it is understood that
COUNTY has ownership of the SYSTEM Backbone and upon any
termination of this Agreement or individual termination by any
USER, any and all right, title, and interest in the SYSTEM
Backbone shall remain with the COUNTY.
3. COUNTY shall:
A. Negotiate and enter into agreements or contracts with
the various vendors as contemplated by Section 1.0 of this
Agreement.
B. Make payments due and payable under such agreements.
C. Negotiate and enter into agreements with new users which
may hereafter receive approval to access the SYSTEM pursuant
to this Agreement, provided that:
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Page 5 of 15
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1 1) Any such new user(s) hereafter desiring to become a
2 party to this Agreement may do so by executing a copy
3 of this Agreement and assenting and agreeing to all of
4 the terms, conditions, and costs hereof.
5 2) Any additional terms, conditions, and costs for
6 entry shall be included in an addendum to this
7 agreement. Said addendum shall address any direct or
8 indirect compensation to USERS for System Backbone
9 usage by new user.
10 (Indirect compensation may take the form of
11 improvement or modification of SYSTEM for the
12 benefit of all USERS.)
13 3) COUNTY shall consult with the OCFCA to determine
14 the appropriate additional terms, conditions, and
15 costs to be included in said addendum.
16 4) Such entry of such new users into the SYSTEM shall
17 require the approval of the OCFCA in accordance with
18 Section 1.D., above.
19 4. USERS and COUNTY agree to the following:
20 A. COUNTY will utilize a separately identifiable account,
21 hereinafter referred to as "ACCOUNT" for the purpose of
22 initially funding the SYSTEM.
23 B. USERS shall pay their proportional share of the cost of
24 SYSTEM Backbone, as shown on Exhibit A, and USERS share of
25 SYSTEM Field Equipment in accordance with either 4.B.1, or
26 4.B.2 below:
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1) Payments equal to USERS' proportional share, as
shown on Exhibit A, of the total SYSTEM Backbone
acquisition costs incurred by COUNTY together with
USERS' Field Equipment acquisition cost. Said payments
shall be made within thirty (30) days of receipt of
invoices from COUNTY. The amount of each invoice shall
be determined by the payment schedule to vendor(s).
Ownership of USERS' SYSTEM Field Equipment shall be
transferred to USER upon full payment to COUNTY.
2) USERS who desire to finance USER portion of SYSTEM
Backbone, as shown on Exhibit A, and SYSTEM Field
Equipment shall notify COUNTY in writing. Said written
notification shall include a complete listing of SYSTEM
Field Equipment quantities USER intends to purchase.
Financing shall be covered by separate agreement. The
terms of the separate financing agreement between
COUNTY and USER will be determined by the type of
financing utilized by the County and the cost thereof.
C. COUNTY shall provide, to USERS, a report which will
include funding arrangements for the acquisition,
installation, and modification of the SYSTEM.
D. COUNTY shall provide, to USERS, a financial report at
the end of each fiscal year. Said financial report shall
include:
1) An accounting of all USER funds paid to vendor(s)
for SYSTEM.
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9 9
1 2) A statement to each USER, participating in the
2 optional financing plan, detailing said USERS'
3 remaining financial obligation.
4 E. Contributions to the ACCOUNT become the property of
5 COUNTY.
6 F. COUNTY shall, at COUNTY expense, expand or modify
7 existing facilities, or add new COUNTY radio structures or
8 facilities as necessary, to support the implementation of
9 SYSTEM Backbone.
10 G. USERS shall, at USER expense, expand or modify existing
11 USER structures, facilities, or dispatch centers as
12 required to support the installation of USERS SYSTEM Field
13 Equipment.
14
15 S. SYSTEM MODIFICATION
16 A. SYSTEM modification may be needed from time -to -time to
17 meet the changing needs of COUNTY or USERS. COUNTY and the
18 OCFCA will monitor needs and make recommendations to USERS.
19 SYSTEM modification recommended by COUNTY and OCFCA, and
20 agreed to, in accordance with Section I.E. and 1.F., by
21 USERS, will be implemented by COUNTY.
22 B. Future SYSTEM Backbone modifications will be funded by
23 COUNTY. Cost sharing shall be determined in accordance with
24 Section 5(c) below.
25 C. Cost sharing of future SYSTEM backbone modifications
26 shall be determined based on the benefit to be derived by
27 individual USERS. The OCFCA shall be responsible for
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recommending SYSTEM modification and cost sharing to
COUNTY and USERS. SYSTEM modification agreed to by both
COUNTY and USERS will be implemented by COUNTY.
1) The cost for any modification consisting of a
single local system relay station designed to cover an
area within a single USER area shall be borne by that
USER.
2) If modification were to improve service in a local
area or NET those USERS participating in those areas
or NET shall share the cost.
3) If the modification were to benefit all USERS the
cost shall be shared by all USERS.
D. The cost sharing formula to be used is a percentage based
on the square miles within each USERS sphere of influence
as determined by the Local Agency Formation Commission and
each USERS SYSTEM Field Equipment quantity. The sphere of
influence equals 50% and the System Field Equipment equals
50%.
The percentage for each USER will be determined using
equipment quantities and square miles calculated at the time
of the SYSTEM upgrade. For examples of Sphere of Influence
square miles and SYSTEM Field Equipment quantities see
Exhibit A.
6. GOVERNMENTAL USERS OTHER THAN THE FIRE SERVICE.
A. The trunked design of the SYSTEM may support multiple
users. If, within channel loading limits, new users may
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share the SYSTEM without degrading the level of service nor
interfering with the fire services, such new users may be
added.
B. The Federal Communications Commission has minimum loading
standards: that must be adhered to. In order to meet the
minimum loading standards established by the Federal
Communications Commission, and to insure efficient
utilization of the SYSTEM spectrum resource, COUNTY will
continually monitor the level of use of the SYSTEM. Any non -
fire, governmental communications requirement identified,
shall be brought to the OCFCA for review. If the OCFCA
determines that such use will be beneficial to the fire
services the OCFCA shall approve said use.
C. Non -fire service new users who, from time -to -time have
need to communicate with the fire services during
emergencies or in their daily support of the fire services,
will be allowed to access the SYSTEM. This use shall be
subject to approval of the OCFCA. Such use shall include the
day -to -day operations of said non -fire new users on a non -
interfering prioritized basis.
D. Such non -fire service new users are defined to include,
but not be limited to , County and City , support functions
such as Animal Control, Flood Control, Life Guard Service,
Equipment Maintenance, Public Works, Law Enforcement, and
similar uses.
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E. The COUNTY shall be responsible for coordinating SYSTEM
access and the terms and conditions of such use after
approval of a governmental non -fire new use of the SYSTEM.
F. Non -fire new use of the SYSTEM shall be monitored by
COUNTY. -If in the future the needs of the Fire Services
expands to the point of significant competition with non -
fire new users for SYSTEM access, the COUNTY shall take
action to reduce such 'non -fire new uses. The COUNTY shall
consult with the OCFCA. The OCFCA shall determine if non -
fire new users are to be removed from the SYSTEM.
G. Non -fire new users shall be removed in reverse -order of
their entry into the SYSTEM. i.e.,the last service to
enter the SYSTEM shall be the first to be removed except
when a user voluntarily relinquishes SYSTEM access.
R. Non -fire new users who relinquish a radio frequency to
the Fire Services in return for use of the SYSTEM, shall
not be subject to removal as described in Section 6.E.,
above. Such non -fire new users may only be removed if a
suitable replacement radio frequency is obtained and such
removal is agreed to by said non -fire new user. Radio
frequency as referred to in this section shall include any
of the following:
1) An 800 MHz radio frequency that can be added to the
SYSTEM.
2) A radio frequency in any band which may be used for
voice or data communications for the benefit of the
Fire Services.
Revision 1 Page 11 of 15
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I. Non -fire new users shall be given sufficient time, not to
exceed, one (1) year to transfer their operations to
another communications system. COUNTY shall assist said
non -fire new users in finding an alternate communications
system and a suitable alternate communications system is
not guaranteed.
J. COUNTY and USERS shall make a reasonable effort to
purchase 800 MHz equipment from any non -fire user removed
from the SYSTEM. Determination of prices for equipment
disposed of in this way shall be determined by the terms of
the original agreement allowing said non -fire new user
access to the SYSTEM. If the price is not addressed in the
agreement, then the price shall be the trade -in value quoted
by the manufacturer of the equipment at the time of sale.
7. OPERATIONAL POLICY
A. Operational policy shall be established by the OCFCA.
Said policies shall insure that each participant in the
SYSTEM is treated equitably and that each user has
sufficient communications authorized to meet their
legitimate needs.
B. Fire USERS shall have operational priority over all non -
fire new users who may, in the future, access the SYSTEM.
C. Any dispute between USERS over operational policies
established by the OCFCA shall be resolved by the OCFCA. If
the dispute cannot resolved by the OCFCA the parties may
present their dispute to an arbitration panel acceptable to
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both the OCFCA and USER. Any costs incurred through the use
i
of a panel shall be borne by those who are parties to the
arbitration.
6. Each party shall indemnify and hold all other parties harmless
from liability -for acts or omissions of itself and its agents and
employees in connection with the performance of this agreement. j
Revision 1 Page 13 of 15
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IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals on the date set forth opposite their respective
signatures on identical counterparts of this instrument, each of
which shall for all purposes be deemed an original thereof.
DATED, COUNTY OF ORANGE,
a body politic and corporate
By__
Chairman-of-the-
hairman of the Board o pe r4isors
Signed and certified that a copy of
this document has been delivered to
the Chairman of the Board
`-17i J -- - -e --- - - - ---
nda D. R rts / -,2 -g6
Clerk of the Board of Supervisors
County of Orange, California
DATED: �4t / -, 19
BYTEST:
------- `--------------------
City Clerk
pproved As To F rm:
Cou ty Counsel A
Ap oved� rm:
- - - -- - -------- - - - - --
City Attorney
Revision 1
Page 14 of 15
Exhibit A
800 MHz Fire
Communications
System
SYSTEM
Backbone Cost
Per USER
USER
SQ. MI.
1 EQUIP 2
% OF
SHARED 3
COST
COST
COUNTY OF ORANGE
342.77
517
45.80
$ 1,056,908
CITIES OF:
ANAHEIM
54.35
80 -1/4
7.19
165,984
BREA
23.30
29
2.87
66,146
BUENA PARK
10.51
43
2.50
57,585
COSTA MESA
15.95
29
2.33
53,765
FOUNTAIN VALLEY
9.80
21 -1/3
1.57
36,294
FULLERTON
22.40
43
3.36
77,615
GARDEN GROVE
18.04
44 -1/4
3.10
71,429
HUNTINGTON BEACH
29.30
86 -1/3
5.61
129,428
LAGUNA BEACH
6.40
21
1.31
30,258
LA HABRA
7.55
22
1.44
33,122
NEWPORT BEACH
22.90
51
3.72
85,876
ORANGE
62.90
68 -1/4
7.34
169,257
SAN CLEMENTE
17.32
30
2.47
57,000
SANTA ANA
27.33
111
6.46
148,986
STANTON
3.3B
18 -1/4
0.98
22,620
WESTMINSTER
10.70
29 -1/3
1.96
45,230
COLUMN TOTALS
684.9
1244
100.00
$ 2,307,504
1 Spheres of influence
as
shown on LAFCO
map dated
1984. Spheres
of influence include
both
incorporated
and unincorporated
area
for each USER.
2 SYSTEM Field Equipment
- Quantity of
mobile radios,
portable
radios, base stations,
and
dispatch centers.
3 SYSTEM Backbone
shared
cost - Includes
tax and
installation
displayed to the
nearest
dollar, carried
to ten
places
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CITY OF NEWPORT BEACH
November 15, 1985
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Robert C. Jones
GSA /Communications Division
481 The City Drive South
Orange, CA 92668
Dear Mr. Jones
(714) 644 -3005
('
Attached are four copies of the "Joint Agreement for the Implementation
and Operation of the Orange County Coordinated Fire Communications
Systems ", which was approved by the City Council of Newport Beach
on November 12, 1985.
Following execution by Board of Supervisors, please return one copy
to this office for our files.
Sincerely,
Wanda E. Raggio
City Clerk
WER:pm
Attachments
i
3300 Newport Boulevard, Newport Beach
4 OUNTNqOF ORANGE
2 1 _
5 ✓GENERAL SERVICES AGENCY
October 4, 1985 COMMUNICATIONS DIVISION
481 The City Drive South
Orange, California 92688
(714) 634 -2122
Mr. Robert L. Wynn, City Manager
CITY OF NEWPORT BEACH
3300 W. Newport Blvd.
Newport Beach, CA 92663
TO: Mr. Wynn
SUBJECT: Revised 800 MHz Agreement
R. A. SCOTT Director, General Services Agency
R. S. CAMPBELL
Director of Support Services
R. C. JONES
Manager
N
City
Manage, In
c,y "I Ne,•a
Attached are five copies of the revised version of the "Joint Agreement for
the Implementation and Operation of the Orange County Coordinated Fire
Communications System ".
We regret the delay. However, further review by the CAO /Bond - Capital Finance
Program revealed some language which would have caused some difficulty in
developing the best financing package.
The revision removed the specific language that restricted the financing. The
modified version insures the flexibility necessary to develop a satisfactory
financing plan.
Details of the financing available, the anticipated interest rates, and terms
will be forwarded as soon as they are determined by the CAO /Bond - Capital
financing program.
For your convenience, we have also sent a copy of this letter as well as one
copy of the Agreement to the Fire Chief of your city. When the revised
Agreement is approved by your City Council, please return four copies to:
sober #:, G::�}ones
W�C(u murc lc4 jetks P i_y_i si on. ,
4$l : Fhe :it rra ve: South
Si re y,
Ro ert C J nes
cc: R. Campbell
City Fire Chief
0040A:10/4/85